Widman Cooney & Wilson's FAQs page contains general topics of interest and will provide you with basic information that may be of importance to you. The topics will change periodically. Please stop back to learn more or you may contact our offices with any questions you may have.

• WHY SHOULD I HAVE A WILL?

• WHAT TO EXPECT IN A BODILY INJURY LAWSUIT.

• ALTERNATE DISPUTE RESOLUTION - Arbitration Clauses in Home Improvement.

• WHAT IS INVOLVED IN A RESIDENTIAL REAL ESTATE TRANSACTION?

WHY SHOULD I HAVE A WILL?

Everyone who owns something, real or personal, has an Estate. Those without a properly executed Will and/or Trust may leave their survivors in financial insecurity or frustration. You select your executor(s), guardian(s) (if there are minor children involved), as well as trustees for any trusts stemming from your estate, the distribution of your estate to heirs and when your heirs may receive their share. There are tax saving techniques and methods to attempt to insulate you from liabilities. For peace of mind, let Widman Cooney & Wilson help you with your estate planning. From small estates to large, we can help you determine the best course of action for your estate and heirs. You may also wish to consider a Power of Attorney and Living Will as part of your complete Estate Planning.

(01/01/03)

WHAT TO EXPECT IN A BODILY INJURY LAWSUIT.

INTRODUCTION:
Individuals who are injured in an accident are often involved with the legal system for the first time. There are a number of things that must be done in order to successfully assert a claim for personal injury. Both the injured party (the “client”) and the attorney who is handling the claim or case must take certain actions as the process develops. The following is a general explanation to guide you on what to expect.

PRELIMINARY STEPS:
Initially, the law firm will want to meet with the client in person to discuss a general overview of the legal process and specific information about the accident and the injuries suffered. At this time a document called a “Retainer Agreement” is reviewed and signed by both the client and the law firm. This important document governs the relationship between you and your lawyer, so do not be afraid to ask any questions you may have.

During this initial meeting, you will have an opportunity to discuss the “liability” for the accident, or in other words, who was at fault and why. If there are any documents relating to your accident, such as police reports, incident reports, etc. you will want to bring these to the meeting and review same with your attorney. You will also have the opportunity to discuss the “damages” flowing from the accident, or in other words, how badly you were hurt. The law firm will ask you to sign “medical authorizations” permitting your doctors and hospitals to release your medical records so that an accurate evaluation of your injuries can be made. It is important that you continue to follow the advice of your doctors and continue any treatment, therapy, etc.

After receiving and reviewing your medical records, the law firm will attempt to negotiate a settlement of your claim with the parties (and/or their insurance companies) who are responsible for your injuries. Sometimes, a settlement can be reached without even filing a formal lawsuit. If a settlement cannot be reached informally, then a lawsuit will be filed on your behalf.

THE LAWSUIT AND LITIGATION PROCESS:
The lawsuit begins with your attorney preparing a document called a “complaint.” This complaint is then filed with one of the state’s various courts. Then the court, through its officers, will serve the complaint on those responsible for your injuries. The injured party is referred to as the “plaintiff” and the responsible party is called the “defendant.” In most cases, the defendant will have insurance against your claim and the insurance carrier will assign an attorney to answer and/or “defend” against your claim.

Throughout the process, the law firm will contact you in order to obtain certain information necessary to maintain your lawsuit. Your attorneys will also inform you of any significant developments that occur. If at any time you have questions, however, or simply want to know what is happening, do not hesitate to contact your attorney. You should continue to see your various doctors at regular intervals and follow their instructions to help you get back to as good a state of health as possible.

After an “answer” to the complaint is filed, the litigation begins the “discovery” phase. In short, both sides are permitted the opportunity to find out or discover certain facts about the other side’s case. This is done through written questions called “interrogatories”, requests for documents including current and past medical records and a sworn statement under oath called a “deposition.” At all times, your attorney will guide you though the process and answer any questions you may have.

Before discovery is completed, your attorney will determine whether “expert” witnesses must be hired. An expert can be hired to write a report and testify in court about issues relating to the accident itself (“liability”) and/or your medical condition (“damages”). After all experts have completed their reports and the discovery phase is complete, the court will schedule the matter for an “arbitration.” This proceeding takes place at the courthouse with all parties present. An independent attorney, called an “arbitrator” reviews evidence and testimony and decides who is at fault for the accident and what the damages are. This process is not binding upon the parties and usually simply provides an estimate of the case’s value for settlement purposes.

If no settlement can be reached during the discovery phase or as a result of arbitration, then the case is “listed” on the court’s calendar for trial. As a general rule, the case is listed several times before the trial is actually held, usually due to the schedules of the parties, attorneys and/or experts. Also, there are always more cases than Judges to hear them, so even if everyone is ready, sometimes the case cannot be tried and must be rescheduled or “adjourned.” In the interim, the law firm will continue to attempt to negotiate a settlement of the case in order to avoid the risk and expense of trial. If a trial is necessary, the law firm will prepare you for any testimony that is needed and arrange for all of your experts to be present when their testimony is required.

CONCLUSION:
As you can see there are many things that must occur between the beginning and end of the typical personal injury case. Your attorney will help you as the process unfolds. Often, there is more than one attorney working on your case. Always feel free to contact any of the various attorneys and/or staff to respond to any questions you may have.

(01/01/03)

ALTERNATE DISPUTE RESOLUTION: Arbitration clauses in home improvement.

Every day, people have individuals and companies enter their homes to perform services like pest removal, installations of new appliances, and carpentry. Many of these home improvement professionals will have standard contracts that they ask their customers to sign before beginning work or after completing their task. As arbitration clauses and mediation clauses are becoming increasingly more popular as dispute resolution techniques in these form contracts, it is important for consumers and home improvement professionals alike to understand exactly what they are agreeing to before signing contracts.

ARBITRATION
Arbitration is a way for parties to resolve their disputes without going to court and having a judge decide the outcome. It usually saves the parties from the expense of a prolonged litigation and offers a finality to the dispute. An arbitrator is a neutral person that is appointed and paid for by the parties who’s role is to supervise the conflict and listen to each side’s version of events. At the conclusion of the arbitration hearing, the arbitrator will offer an opinion on what the outcome of the conflict should be. In a binding arbitration, the parties agree not to take the case to court because the arbitrator’s decision is the final outcome of the dispute.

Arbitration is generally favored and enforced by courts in New Jersey. If a homeowner signs a contract that designates binding arbitration as their sole recourse against a service provider, courts will usually hold the parties to the contractual agreement to arbitrate a dispute and dismiss a law suit by ruling that the action was improperly filed in a court. This means that once a homeowner signs a contract with an arbitration clause, this waives the right to sue the service provider in a court of law.

Homeowners presented with a contract for services should ask questions and seek specific legal advice from an attorney if they do not understand the arbitration clause they are presented with. The most important elements to look at in an arbitration clause are first to ensure that the document provides them with a fair way of choosing an arbitrator, and second, to ensure that costs of arbitrating a dispute are split fairly between the parties.

(01/01/03)