Answers
Frequently asked questions
The questions we are asked most often, answered plainly. If yours isn't here, call 973-240-7313 — the consultation is free.
Personal Injury
About our personal injury practice →- How long do I have to file a personal injury claim in New Jersey?
- New Jersey generally gives injury victims two years from the date of the accident to file a lawsuit. Some claims — such as those against public entities — have much shorter notice deadlines, so it is important to speak with an attorney promptly.
- What is my injury case worth?
- Value depends on the severity of your injuries, your medical bills and lost wages, the long-term impact on your life, and the available insurance. We evaluate each case individually and explain the realistic range before you make any decisions.
- Do I pay anything up front?
- Personal injury cases are typically handled on a contingency basis — you pay no attorney's fee unless we recover for you. We discuss the specifics during your free consultation.
Corporate Law
About our corporate law practice →- Which business entity is right for me?
- It depends on your liability exposure, tax goals, ownership structure, and funding plans. We walk you through LLCs, S- and C-corporations, and partnerships so you can choose with confidence.
- Do I really need a lawyer to review my contracts?
- Yes — a well-drafted agreement prevents far more expensive disputes later. We review and negotiate the terms that actually matter to your business.
- Can you help resolve a partnership dispute?
- We handle partnership and business divorce matters, working toward a practical resolution where possible and litigating decisively when it is not.
Real Estate
About our real estate practice →- What is the New Jersey attorney-review period?
- After you sign a residential contract prepared by a realtor, both buyer and seller have three business days for an attorney to review and propose changes or cancel. Having counsel during this window protects your interests.
- Do I need a lawyer for a home closing in NJ?
- While not strictly required, an attorney safeguards you through review, title, and closing — catching issues that can be costly to fix afterward.
- Can you handle commercial real estate?
- Yes. We handle commercial purchases, leases, developer agreements, and land-use applications in addition to residential matters.
Estate & Probate
About our estate & probate practice →- What happens if I die without a will in New Jersey?
- Your assets pass under New Jersey's intestacy laws, which may not reflect your wishes and can create delay and conflict for your family. A will (and often a trust) lets you stay in control.
- Which estate planning documents does everyone need?
- Most people need at least a will, a durable power of attorney, and an advance health-care directive. We tailor the plan to your family and assets.
- How long does probate take in NJ?
- Straightforward estates can often be administered within several months, but disputes, creditor issues, or complex assets can extend the timeline. We help keep it moving.
Family Law
About our family law practice →- How much does an uncontested divorce cost in New Jersey?
- Costs vary with the complexity of your finances and how much is agreed upon. An uncontested divorce is generally far less expensive than a litigated one; we give you a clear picture at the outset.
- How is custody decided in NJ?
- New Jersey courts decide custody based on the best interests of the child, weighing many factors. We help you present a parenting plan that protects your relationship with your children.
- Can a support or custody order be changed later?
- Yes. When circumstances change substantially, orders can be modified. We handle support and custody modifications on both sides.
Criminal Defense
About our criminal defense practice →- Do I need a criminal defense lawyer?
- The sooner you hire an attorney, the sooner your rights can be protected. Early legal representation can make a significant difference — an attorney can start reviewing police conduct, preserving evidence, and identifying weaknesses in the state's case before memories fade or surveillance footage is deleted. Many opportunities to resolve a case favorably, such as pretrial intervention or negotiating with a prosecutor before formal charges are locked in, are strongest at the very beginning of a case.
- Should I talk to the police?
- In most situations, you should politely exercise your right to remain silent and request an attorney before answering questions. Police are trained to ask questions in ways that can produce answers that sound incriminating even when they aren't, and anything you say — even something meant to be helpful or clarifying — can be used against you later. Politely stating "I want to speak with an attorney" is enough; you don't need to explain your reasoning or answer follow-up questions to invoke that right.
- Can charges be dropped?
- Yes. Some cases are dismissed because of insufficient evidence, legal issues such as an unlawful search, procedural errors, or successful negotiations between defense counsel and the prosecutor's office. Other cases may be resolved through diversionary programs that lead to dismissal after conditions are met. Every case is different, and the right outcome depends on the specific facts, charges, and jurisdiction involved.
- Can I avoid jail?
- Many cases resolve without incarceration through options like probation, community service, fines, diversionary programs, or negotiated pleas to lesser offenses. Your options depend on the charges, your criminal history, the strength of the evidence, and how the case is handled from the outset — which is why early, strategic legal representation often expands the range of available outcomes.
- Should I fight a DWI?
- Every DWI should be carefully evaluated by an experienced attorney, since these cases often involve technical issues around how field sobriety tests were administered, whether breath or blood testing equipment was properly calibrated and maintained, and whether the initial stop was lawful. These issues can sometimes lead to a reduced charge or dismissal.
- Can I refuse a breath test?
- Refusing may carry separate legal consequences, including its own license suspension penalties, independent of whether you're ultimately convicted of DWI. New Jersey's implied consent law means that operating a vehicle carries an obligation to submit to testing when lawfully requested, and refusal is treated as its own offense.
- What is expungement?
- Expungement removes eligible criminal records from public view, effectively allowing a person to legally state in most situations that the expunged event did not occur. It doesn't erase the record for every purpose, but it significantly limits who can see it, particularly for standard employment background checks.
Workers' Compensation
About our workers' compensation practice →- Do I need a workers' compensation attorney in New Jersey?
- Not every workplace injury requires an attorney, but many do. If your claim has been denied, your medical treatment has been delayed, you're being pressured to return to work too soon, or you've suffered a serious injury, having an experienced workers' compensation attorney can make a significant difference. Insurance companies have lawyers protecting their interests. You deserve someone protecting yours. Our job is to make sure you receive the medical treatment, temporary disability benefits, and permanent disability compensation the law allows.
- What benefits can I receive through workers' compensation?
- Depending on your situation, New Jersey workers' compensation benefits may include payment for all authorized medical treatment related to your work injury; temporary disability benefits while you cannot work; permanent partial disability benefits if you have lasting impairment; permanent total disability benefits for catastrophic injuries; and death benefits for surviving family members after a fatal workplace accident. Many injured workers do not realize they may qualify for permanent disability benefits even after returning to work.
- What should I do immediately after getting hurt at work?
- Take these steps as soon as possible: report the injury to your employer immediately; seek medical treatment through the authorized workers' compensation doctor; tell your doctor exactly how the injury occurred; keep copies of all paperwork and document your symptoms; and contact a workers' compensation attorney if your benefits are delayed or denied. Small mistakes made early in a claim can create unnecessary problems later.
- What if my employer says I can't file a workers' compensation claim?
- Your employer cannot simply refuse to allow you to file a claim. Workers' compensation is required by New Jersey law for most employers. If your employer discourages you from filing, refuses to report the injury, or tells you to use your personal health insurance instead, you should speak with an attorney immediately.
- Can I choose my own doctor?
- Usually, no. In New Jersey, your employer or its workers' compensation insurance carrier generally has the right to select the authorized treating physician pursuant to the statute. However, there are important exceptions, especially if emergency treatment is required or the insurance company refuses to provide appropriate medical care. If you're unsure whether treatment will be covered, we can help you understand your options.
- How long do I have to report a workplace injury?
- You should report your injury immediately. Although New Jersey law allows additional time in some circumstances, reporting an injury promptly strengthens your claim and reduces disputes about how the accident occurred. There are time limitations regarding the reporting of an accident that you must adhere to. Waiting too long can give the insurance company arguments it otherwise would not have.
- What if my workers' compensation claim is denied?
- A denial is not the end of your case. Insurance companies deny claims for many reasons, including disputes over whether the injury happened at work, pre-existing conditions, or lack of medical evidence. Many denied claims are successfully challenged through the New Jersey Division of Workers' Compensation. An experienced attorney can gather medical evidence, question witnesses, and present your case before a workers' compensation judge.
- Can I be fired for filing a workers' compensation claim?
- New Jersey law prohibits employers from retaliating against employees simply because they file a workers' compensation claim. If you believe you've been fired, demoted, harassed, or otherwise punished because you exercised your legal rights, you should speak with an attorney as soon as possible.
- What if my injury happened because of my own mistake?
- Workers' compensation is generally a no-fault system in New Jersey. That means benefits are often available even if your own mistake contributed to the accident. Unlike many personal injury cases, you usually do not have to prove your employer did anything wrong.
- Can I receive workers' compensation if I have a pre-existing condition?
- Yes, but it is more complicated. If your work accident aggravated, accelerated, or worsened a pre-existing medical condition, you may still qualify for workers' compensation benefits. Insurance companies frequently try to blame symptoms on old injuries. Part of our job is making sure the medical evidence tells the complete story.
- What if I was injured lifting something heavy?
- Back injuries, herniated discs, shoulder injuries, knee injuries, and muscle tears are among the most common workers' compensation claims. These injuries can be permanent in nature, affecting your entire future. Even if there wasn't a dramatic accident, repetitive lifting or a single lifting incident may qualify for benefits.
- Are repetitive stress injuries covered?
- Yes. Many workers develop injuries over time rather than during one specific accident. Conditions such as carpal tunnel syndrome, tendonitis, hearing loss, occupational illnesses, and repetitive motion injuries may all qualify for workers' compensation benefits if caused by your job.
- How much is my workers' compensation case worth?
- Every case is different. The value depends on factors including the body part injured, the severity of permanent impairment, the medical evidence, whether surgery was required, and your overall disability rating. An experienced attorney can provide a more accurate evaluation after reviewing your medical records.
- Will I have to go to court?
- Most workers' compensation cases involve hearings before a workers' compensation judge rather than a traditional courtroom trial. Many claims resolve through negotiated settlements, while others require testimony and medical evidence. If your case requires a hearing, we prepare you every step of the way so you know exactly what to expect.
- How much does a New Jersey workers' compensation attorney cost?
- In most cases, there are no upfront legal fees. Workers' compensation attorneys are generally paid only if they obtain benefits for you, and attorney fees are typically subject to approval by the workers' compensation court. This allows injured workers to obtain experienced legal representation regardless of their financial situation.
- How long does a workers' compensation case take?
- Simple cases may resolve relatively quickly, while serious injuries requiring surgery or ongoing treatment can take months or even years. In general, you should not settle your case until your doctors understand the full extent of your permanent injuries. Patience often results in a more accurate evaluation of your claim.
- Can I sue my employer for my workplace injury?
- Usually, no. Workers' compensation is generally the exclusive remedy against your employer. However, if another company or individual caused your injury — for example, a negligent driver, contractor, equipment manufacturer, or property owner — you may also have a separate personal injury claim that we can handle as well. Part of our job is identifying every possible source of compensation.
- Why should I hire your law firm?
- When you're injured, you need more than someone who files paperwork. You need an attorney who understands New Jersey workers' compensation law, knows how insurance companies evaluate claims, works closely with physicians to document permanent injuries, and is prepared to take your case before a judge when necessary. Our goal is simple: make sure you receive every benefit the law provides while allowing you to focus on your recovery.
- What is the next step?
- If you've been injured at work, don't guess about your rights. The sooner you understand your options, the sooner you can avoid costly mistakes that may affect your benefits. Contact Jonathan E. McMeen, Esq. for a consultation to discuss your injury, answer your questions, and determine the best path forward.
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This website is for informational purposes only and does not constitute legal advice. Submission of this form or use of this site does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.
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