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| Frequently Asked Questions |
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What can I expect the legal fees to be?
When do I need a lawyer?
What is Negligence?
Can I write a legally-binding psychiatric advance directive (PAD)?
Should I sue?
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Generally fees cannot be estimated until we are provided with facts and documents regarding your situation in writing. However; some matters are handled on a flat fee basis.
* Criminal, DWI and Municipal Court matters are handled on a flat fee basis.
* Wills, Power of Attorney Documentation Preparation and Advanced Directive Documentation Preparation are usually prepared on a Flat fee basis.
* Civil Litigation, including personal injury, are usually handled on either a hourly basis, a contingent fee basis or a mixed hourly/contigentent fee basis.
This really depends on your situation. Generally, you should think about seeking legal advice regarding:
Writing a Will.
Buying or Selling a Home.
Being accused of a crime.
When someone sues you.
When charged with DWI.
When starting a business.
Negligence is a complicated theory of law. In fact, law schools devote entire semesters to teach students the theory of negligence. Negligence is also ever changing as it is defined by cases which are decided on a nearly daily basis. However, simply put, negligence is a person’s failure to exercise due care. To prove a case based upon a theory of negligence you must prove that the individual or entity who caused your injury owed you a duty. Next, you must prove that they breached that duty by either their actions or inactions. Then, you must prove that their breach was the legal and actual cause of your injuries. Lastly, you must prove the damages which you have suffered.
Yes. The New Jersey Advance Directives for Mental Health Care Act allows you to write instructions for your psychiatric treatment in the event that you are incapable to make or communicate those instructions. The statute also allows you to appoint an agent to instruct mental health care professionals for you. In New Jersey, this person is called a “mental health care representative”. You may choose to create an instruction directive, to appoint a mental health care representative, or do both.
There are certain instances when a civil case will not be successful. When in doubt it is always best to consult with an attorney to get a professional opinion.
Consider these elements before deciding to file a civil suit. Did you suffer damages? If you did not incur monetary or physical damages, then you do not have a case. Since the reward from a civil case is not jail time or probation or community service, but money, you have to prove that you are owed a particular sum before you can take someone to court. Was there a written contract, agreement, promissory note or receipt prior to the exchange of money? Some plaintiffs have won their case without the possession of a signed contract, but it is certainly rare. If you say that you gave someone money, and they say that they didn’t, you have no way to prove that the money ever exchanged hands without a contract. Sometimes cancelled checks will serve as proof, but the reason for the check must be written in the “Memo” section, and this is not the best form of proof. Some judges will honor it; others will not. If you pay in cash, especially, always have a contract. Even if the recipient is a close friend of yours for twenty years, you should never play games with money. If you expect to be paid back, get it in writing. If the money was for goods, get a receipt, and keep it filed away until you are sure you no longer need it. |
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