Find solutions to common questions
How Do I Begin The Filing Process For A Personal Injury Lawsuit?
The plaintiff, represented by Bathgate, Wegener, & Wolf, must file a complaint in civil court and have it served on the defendant along with a summons. A process server can serve the defendant the documents necessary, along with a time frame required by law for the defendant to answer. If the complaint is not answered within that time frame, New Jersey law allows us to enter a default against the defendant.
Can New Jersey Legally Take My Property?
If the proper channels are followed, New Jersey does legally have the right to claim your property via eminent domain. If negotiations do not result in an agreed upon selling price, the state can file a lawsuit to acquire your property if it meets the requirements for public necessity or public purpose.
What is Fair Market Value For My Property?
When the government exercises eminent domain over your property, they are required to pay fair market value for whatever the proposed use of your property is. However, many times the government will undercut the highest and best use for your property in order to offer a lower price. You should consult with an eminent domain attorney to ensure you’re getting the correct fair market value.
What is Arbitration?
Arbitration has a long history as an alternative to litigation. In arbitration, the parties choose the arbitrator, agree to the schedule for the resolution of the dispute and generally retain more control over the arbitration process than they have in the litigation process.
Do I Need A Lawyer For A Landlord/Tenant Dispute?
While you don’t need an attorney for every dispute, it is certainly recommended that you have one ready to defend you should a dispute go to court. You should know your rights so you can assert them by yourself with your landlord, but it doesn’t always work out–hire an attorney with experience in NJ landlord-tenant law if you go to court.
When Does A Case Become A Class Action?
While any case can be filed as a class action suit, it first needs to be certified as a class action by the judge hearing the case in order for it to proceed as a class action. In larger federal cases, there are several requirements that the plaintiff’s attorneys must prove in order to have a class certification issued.
Can I Still Earn Compensation If I’m Partially At Fault for My Injury?
In New Jersey, Bathgate Wegener & Wolf can earn you recovery settlements even if you’re partially at fault for an accident resulting in personal injury, given that you are less than 50% at fault. This is called a comparative fault statute, and you’ll need a team of experienced personal injury attorneys on your side like Bathgate Wegener & Wolf to convince the courts that you were less at fault than the offending party.
Can I Stop The Government From Taking My Property?
If your property satisfies the requirements laid out by NJ law for public use and necessity, you cannot stop the government from taking your property. You can, however, fight for the compensation you receive in court. Bathgate, Wegener & Wolf has experienced eminent domain attorneys that can do that for you.
What If Eminent Domain Affects My Business?
Unfortunately, in most cases, business owners are not compensated for the negative impact on their business due to the government exercising eminent domain unless it also affects the value of the real estate it sits on. However, these can be looked at on a case-by-case basis, and we encourage you to retain one of our eminent domain attorneys to maximize your compensation.
What is Mediation?
Mediation is a less widely known, but equally effective way in which to resolve a dispute. Unlike an arbitrator, a mediator does not weigh the evidence and make a decision. Instead, a mediator acts as a neutral and confidential evaluator of the positions of adverse parties. After endeavoring to cause the parties to focus on their objectives and the costs associated with achieving those goals, the mediator assists the parties in structuring a resolution through a cooperative effort.
Can An Employer Fire Me For No Reason?
Technically, yes–New Jersey is an at-will employment state, which gives both employers and employees the legal ability to terminate employment at any time for any reason. However, discrimination-based termination is highly illegal, and you’ll need to file a wrongful termination lawsuit with the court system and hire an employment law attorney.