Frequently Asked Questions

Disclaimer before discussing specific questions and answers:

Clients often ask us questions regarding their case. Many of these questions are listed below with suggested answers. Please understand that these questions and answers are given for informational use only and do not constitute legal advice. We encourage you to call as soon as possible to discuss the facts of your case. Call us at one of our eight convenient neighborhood offices, or make an appointment to come in for a free consultation.

Don’t see the answer you were looking for? Please contact a Levinson Axelrod representative today so we can provide an answer to your inquiry.


What is a personal injury attorney and how can he or she help me?

A personal injury is an injury to you. Personal injuries can happen in motor vehicle accidents, falls, dog bites, medical malpractice, work place accidents – a hundred different ways. A personal injury attorney will help explain what your rights are and help you to handle lost wages, medical bills and, of course, the claim against the person who caused your injury. Call us directly at one of our eight convenient neighborhood offices, or make an appointment for a free consultation.

How do I find out if I have a case?

All you have to do is call us at one of our eight neighborhood offices and speak with one of our personal injury attorneys. If you would rather come to the office, just call and make an appointment. Of course, the consultation is free. If you would rather not speak to an attorney initially, you have the option of filling out a form for a free case evaluation or using our live chat option. It is always best to contact us as soon as you can so we can start an investigation.

How can I decide which personal injury attorney to hire?

Personal injury litigation is complicated. You should look for a personal injury lawyer who has been Certified by the Supreme Court of the State of New Jersey as a Certified Civil Trial Attorney. Levinson Axelrod is fortunate to have a Certified Civil Trial Attorney at each of our eight neighborhood offices.

How do personal injury attorneys charge?

The Supreme Court of New Jersey has set a fee schedule for attorneys who represent clients with personal injury cases. The fee is contingent upon winning the case through settlement or jury verdict. Therefore, if the case is unsuccessful, there is no fee. If the case is successful, the attorney will charge a 33% fee after deducting litigation expenses from the settlement amount. Fees for infants and incompetents are generally 25%, not 33%.

What is the Statute of Limitations and how does it affect my personal injury case?

The Statute of Limitations is a law that requires an injured person to file a lawsuit in court within a specific period of time – typically, two years from the date of the accident. If you fail to file in time of the Statue of Limitations, you may be barred from making a claim.

Are there exceptions to the Statute of Limitations?

Yes. Infants (individuals under age 18) or incompetent individuals get an extension to file a lawsuit. Once an infant turns 18 years old, they get a two-year extension, but must file before their 20th year birthday. Of course, parents or guardians may file a lawsuit on behalf of the infant at any time before the infant’s 18th birthday.

You should know that the Statute of Limitations is extremely complicated in medical malpractice cases, product liability cases, prescription drug cases and other specialty claims. For example, a birth defect case may have either a two-year Statute of Limitations or a 13 year Statute of Limitations to file a claim depending on the specific circumstances.

There are many additional exceptions involving all types of cases especially when the injury is not discovered until a later time. This is a complex legal issue and you should call us in one of our eight neighborhood offices with detailed information so we can explain the options to you.

Are there other limitations besides the Statute of Limitations that may prevent me from a successful claim?

Yes, there are many – too many to mention. All governmental entities, Federal Government, State Government, counties, municipalities, public schools, Garden State Parkway and New Jersey Turnpike, Port Authority, amusement parks, and on and on, require notification of accident claims within a short period of time – usually 90 days. This Notice of Claim must be in writing or the claim may be barred. These types of cases are complicated and once again, you should call one of our attorneys at your local neighborhood office as soon as possible.