Frequently Asked Questions
By Practice Area:
General Questions
Q. What types of law do you practice?
A. Laddey Clark & Ryan offers representation in Personal Injury,
Labor and Employment Law, Municipal Law, Zoning and Land Use Law, and
Commercial Litigation and Business Law. For more information regarding
our practice areas, please refer to the
Practice Areas page.
Q. How much does it cost to come in and speak with an attorney
about my legal issue?
A. That depends upon which area of the law your issue or question
falls.
There are no consultation fees for Personal Injury cases or Workers
Compensation matters. Please contact our office for more
information regarding fees.
Q. I am facing serious municipal court charges. Can someone at
Laddey Clark & Ryan represent me?
A. Many of our attorneys have extensive experience in municipal court
defense. However, because attorneys from the firm also serve as
Municipal Prosecutors throughout Sussex County, there may be a conflict
in representing you depending upon which town issued your summonses.
Please call our office so that we can determine whether we can represent
you or need to refer you to another attorney.
Q. I am contemplating divorce. Can LC&R assist me with this?
A. Laddey, Clark & Ryan no longer handles matrimonial or family law
cases, however we would be happy to refer you to another attorney who
can assist you.
Q. This is a very serious legal matter and I want to ensure that I
am receiving the best legal representation possible. Who will be
handling my case?
A. If you are seeking a highly qualified firm to handle your legal
matter, look no further than the exceptional lawyers and legal staff
here at Laddey, Clark & Ryan. The teams of attorneys, paralegals and
legal assistants working on your case come to us with diverse
educational and legal experience. In many instances, when you retain an
attorney from Laddey Clark & Ryan, you retain the entire firm.
Typically, a partner within the applicable practice area serves as
Chairman of that practice group and monitors your matter from the
initial meeting to resolution. Talented associates assist the partners
within the practice groups and legal support is also provided by our
paralegals and legal assistants. Partners, associates, paralegals and
legal assistants can be reached by phone during regular office hours or
via email. There will always be someone available to assist with your
questions.
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Personal Injury
Q: I was in a car accident and suffered injuries; how do I know if
I have a case against the other driver?
A: A legal cause of action in a personal injury case involving
an auto accident is driven by the medical findings and injuries you
suffer. In New Jersey, through our car insurance carriers, we have what
is referred to as the Limitation on Lawsuit Option. Many drivers chose
this "option" because it may lower the premium you pay. However, it
limits a person's ability to bring a lawsuit if they are injured in a
car accident unless the injuries fall into one of six categories:
1. Death
2. Dismemberment
3.Significant disfigurement or scarring
4. Displaced fractures
5. Loss of a fetus
6. Permanent injury (when a body part has not and will not heal to
function normally.)
Most accidents resulting from an auto accident fall into the sixth
category. These injuries sometimes include injuries to the back, such as
a herniated disc, other soft tissue injuries such as tears of the ACL in
the knee or rotator cuff in the shoulder.
Your treating physician will determine whether your injury is
considered permanent in nature.
If you did not choose the Limitation on Lawsuit Option on you
insurance policy then you may be able to bring a lawsuit against the
driver that hit you, regardless of the permanency of your injuries.
Q. Ok, it seems I have what is considered a permanent injury, but
I can't afford an attorney, what do I do?
A. In NJ, you don't have to have a lot of money to bring a
lawsuit, just a good claim. Cases such as personal injury matters are on
a contingency fee basis, whereas there is no fee unless there is a
recovery for you. At the end of the case, we just ask that you pay back
whatever fees were advanced for your case such as fees for expert
testimony.
You can contact our Personal Injury practice group
to set up a free
consultation to determine if a claim can be pursued on your behalf.
Q. My injury occurred at work, but I heard I am not allowed to sue
my employer. Now what?
A. If you have suffered a work related injury, you may have a
claim through Workers Compensation. Our Personal Injury practice group
can help you determine whether you are covered under workers
compensation and whether you have a claim.
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Employment and Labor Law
Q. I have a new business and think I should put together policies
and procedures for my employees. Are there specific legal requirements I
should include?
A. Absolutely! The Employment and Labor Law practice group can
assist you in drafting appropriate Employee Manuals and Handbooks
depending upon your organization's specific needs.
Q. I was recently "let go" from my job where I have worked for 24
years. I realized that one of my supervisors in my department was taking
home confidential accounting records each night. When I asked him about
it, he said "mind your business if you want to keep your job." Pursuant
to company policy, I reported what I thought was suspicious activity to
the department head. The supervisor found out I reported him. Last week,
I received notice that I had been terminated. Can they fire me for
following proper procedure?
A. In NJ, an employer can not terminate an employee for
"whistle blowing" when a superior has engaged in wrongful activity at
work. Contact our Employment and Labor Law practice group who can assist
you in determining whether you have a legal claim against your employer
for wrongful termination.
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Commercial Litigation and Business Law
Q. We are a contractor in the heavy construction business. We do
large municipal projects and on one of our projects, the town we were
contracted to repair a stretch of road for refuses to pay because it
says we did not follow the specifications regarding grading. However,
the contract calls for a range in the grade, with which we fully
complied. Now they want us to do the project over again, but that will
cost us a tremendous amount of money and resources. Who is right and how
can we get paid?
A. Who is "right" depends upon the terms of your contract with
the town and the final grading of the road. The
Commercial Litigation
and Business Law practice area can help in this area by contacting the
town engineer and/or attorney on your behalf and discussing the matter
to resolve it amicably. If necessary, this practice group can represent
you company in an action to either recover payment for the project and
other related damages or defend your company. We would be happy to
discuss this matter with you and help you determine the best course of
action.
Q. I am one third owner of a moderate sized printing business. We
would like to acquire another printing company so that we can diversify
our clientele and have been discussing this with the owner of the other
company. Are there a lot of legal issues involved with doing this?
A. In short, yes! The Commercial
Litigation and Business Law practice
group
can assist you with merging or acquiring another company,
reorganizing leadership, resources and staff, tax ramifications and many
other areas which will become important to address. This practice group
can also assist you with drafting and filing the required Federal and
State forms and disclosures as well as vendor contracts, partnership
agreements, operating agreements and articles of incorporation.
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Zoning and Land Use
Q. My family has owned a large piece of property in Sussex County
for over 40 years. When my parents passed away, it was left for me in my
father's will. I would like to build a retirement home/vacation home
there for my wife and I, however I was informed that my property is part
of the "Highlands." Am I going to face difficulty when I apply for
building permits?
A. The Highlands Act creates a "preservation area" and a
"planning area" for the entire New Jersey Highlands region which
stretches over 800,000 acres through portions of Bergen, Hunterdon,
Morris, Passaic, Somerset, Sussex and Warren Counties. If your land is
in the "preservation area" you may be restricted in your ability to
develop your land. The attorneys in the
Zoning and Land Use practice
group can assist you in determining the affect of the Act on your land
and whether exemptions exist which would allow development of your
property.
Q. Our company is in the business of acquiring large tracts of
land and building multi-use structures. Can your firm assist us in
determining the local laws and ordinances, permitting requirements, and
even help us find appropriate land to acquire?
A. Yes, we can assist your company with all of these aspects
of commercial land development. We work closely with many of the local municipalities and are familiar with the various
building requirements.
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Estate Planning and Administration
Q. How can I be assured my affairs, including financial matters
and health care, will be in order in the event I become ill or
incapacitated?
A. The Estate Planning and Administration practice group
can prepare a power of attorney to ensure your financial matters will be
attended to by a trusted family member or friend, and a living will can
be prepared to reflect your health care preferences.
Q. When my great-aunt passed away, she left just about all of her
real property, assets and personal belongings in her will to my cousin
who cared for her right before she died. However, Aunt Edna specifically
promised me a tract of land in upstate NY that she owned, which has a
log cabin where the entire family visited when we were children. I think
my cousin had something to do with Aunt Edna suddenly changing her will.
I don't mean to sound like sour grapes, but is there anything I can do?
A. You may have a will contest issue. The Estate Planning and
Administration practice group can assist in determining whether you have
a claim in this matter.
Q. My uncle is incapacitated and unable to make decisions for
himself. I do not think he has a power of attorney, living will or Last
Will and Testament. I am his only relative and his assisted living
facility is looking for someone to make decisions for him. What can I
do?
A. The Estate Planning and Administration practice group
can assist you in becoming a Legal Guardian for your uncle. This will
ensure that your uncle is safe and all decisions that need to be made on
his behalf are done so legally and in his best interest.
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