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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

Guillermo J. Gonzalez

NJ Attorney with extensive experience on Bankruptcy Law Real Property Law, Litigation, and Immigration Law. Dedicated Associate Attorney at Scura, Wigfield, Heyer, Stevens, & Cammarota LLP.

Recent Posts

Understanding and Winning Your Trip-and-Fall or Slip-and-Fall Personal Injury Case

Slip-and-Fall

           One of the most common personal injury actions relate to an individual losing their balance and subsequently suffering injuries from a fall. Generally, when a fall occurs you can’t help but ask yourself, did I trip on something? Did I slip on something? While the distinction between a trip and slip may seem nonsensical, the legal distinction is important for a successful personal injury action. This blog will explore the differences between a slip-and-fall and trip-and-fall case, and how to obtain a successful outcome

How Liens can Affect a Personal Injury Case

healthcare-liens

One of the more difficult issues that can evolve during a personal injury case is the assertion of liens by a healthcare insurance carrier and provider, Medicaid and Medicare, and workers’ compensation insurance carrier, or for past due child support obligations.  In short, liens are a property interest held by a third-party against the financial recovery awarded for personal injury settlement or final judgment obtained. In other words, a Plaintiff may be required to pay a portion of their settlement proceeds to a third-party for a related lien.


This can sometimes be a surprise to an injured party, because after years of litigation they believe the fight it over. However, counsel for the plaintiff may need to challenge and negotiate down a lien to ensure a larger net recovery for the injured client. This article will discuss some of the common liens that may affect the potential net recovery by a plaintiff in a personal injury case.

New Jersey Motorcycle Accidents

Motor-Cycle-Accidents

While the thrill of riding motorcycles is second-to-none, the risks associated with operating a motorcycle are evident. Those risks are generally unrelated to trained motorcyclist operating a bike in a safe manner, but instead are associated with the potential negligence of individuals driving automobiles on the same roadways. While wearing helmets, protective clothing, and safe riding techniques do reduce the risks, bikers are simply more prone to serious injuries. In fact, the National Highway Traffic Safety Administration states that motorcyclists are 28 times more likely to die in a collision. From 2011 to 2015, there have been over 12,000 crashes in New Jersey involving motorcycles. In 2015, there were 2,300 motorcycle accidents in New Jersey, which resulted in 49 fatalities.The most common injuries sustained in motorcycle collisions are skull, spine, elbow, leg, wrist and arm fractures, tendon and ligament damage, brain injuries, internal organ damage, and soft tissue injuries such as herniated discs.

This blog will focus on motorcycle insurance, liability, and their relationship with New Jersey law.

Can an Individual File for Bankruptcy Using A Power of Attorney?

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A Power of Attorney is a unique legal document that permits a designated party for conducting certain transactions on behalf of an individual. Some of these transactions may relate to insurance, property, banking, participating in legal proceeding, and health. A Power of Attorney can be limited to specific transactions or may be general enough to allow the designated party to conduct any transaction that the individual could have conducted. Over the years, our firm has filed numerous bankruptcy petitions using a Power of Attorney and has successfully litigated this issue.

What Happens to a Debtor's Bankruptcy Proceedings Following an Untimely Death?

Mourning

The loss of life is tragic for family members and on rare occasions loss of life may occur during a bankruptcy proceeding. If you are a successor-in-interest to a decedent’s estate that is in a bankruptcy proceeding, then you will need to be aware of what happens to debts when the debtor unfortunately passes away. While debts owed by the decedent may not automatically pass onto a successor-in-interest, it is important to be aware that creditors may seek assets from the decedent’s estate to sell and satisfy claims.

Can I Sue A Government Entity for a Personal Injury Accident?

lawsuit

Suffering from a personal injury accident can be devastating not only to the individual injured, but also to the individual’s family members and friends. Our firm often receives inquiries from individuals concerning potential lawsuits against a public entity. Many people are surprised to learn that an individual can seek recovery from a government entity for injuries directly related to their tortuous actions. Unlike personal injury claims against private individuals and entities, the New Jersey Tort’s Claims Act sets forth guidelines in which a plaintiff may recover for the tortuous actions of public entities and public employees.  

How Bankruptcy Can Stop A Wage Garnishment

How Bankruptcy Can Stop Wage Garnishment 4.6.18

Generally, individuals file for bankruptcy after their creditors begin collection actions for repayment of outstanding debts. These actions may include written notices and daily phone calls. However, if the creditor is unable to obtain consensual repayment, they may seek additional legal remedies, including a wage garnishment order.  When an individual experiences a wage garnishment, it is likely they are facing a financial hardship and garnishment will exacerbates the situation.

Potential Changes to Student Loan Bankruptcy Discharges

graduation cap and student loan money

For many individuals, student loans are the greatest financial burden to their daily lives. With the rising cost of education and high interest rates, it can be impossible to repay student loan debt. College loan balances in the United States have jumped to $1.4 trillion dollars, with a default rate of over 11 percent. However, the federal government may soon be revising its policies concerning student loan forgiveness in bankruptcy.

Winter Slip and Fall Accidents in New Jersey

man shoveling snow

With New Jersey in the middle of its winter season, injuries due to ice and snow conditions can occur because of the irresponsible actions of property owners and landlords. Commercial and multi-complex residential buildings commonly fail to exercise reasonable care by promptly removing snow and ice following a snowstorm. A victim of a slip and fall accident may secure valuable compensation for their medical expenses, lost wages, pain and suffering, and ongoing disability.

The Effect of Serial Filing on the Automatic Stay

person filing for automatic stay

When an individual files a bankruptcy petition, the automatic stay prevents creditors from trying to collect debt. Generally, this means that a creditor cannot contact the individual, repossess assets, garnish wages, foreclose on property, or sue the debtor. To view which actions are prohibited by the automatic stay, click here.

However, there are limitations to the protections afforded by the automatic stay if an individual previously filed for bankruptcy. Bankruptcy Code Sections 362(c)(3) and (4) were enacted by Congress in 2005 to limit the duration of the automatic stay afforded to serial filers.

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