NJSBA Family Law Section

Original Message------

I've just been retained in a matter where there was a substantial personal injury settlement ($1.7 million net). One of the parties was paralyzed due to medical malpractice. The PI case settled without a trial or even a suit being filed. Hospital just settled it outright upon being contacted. My adversary and I (and clients) would like to resolve the case with the minimum possible cost and acrimony. There's no real discovery needed, no other issues, so we'd like to select a mediator ASAP, preferably by finding someone in Burlington (midpoint between attorneys' offices) with specific experience with this issue. While Burlington would be best, if there's a recommendation that involves travel, that'd be preferable to using someone without specific experience on the issue. My adversary is on this list - we've agreed to consider any recommendations from the group.

Also, in past cases I've had with PI awards (although never one this large), my understanding of Landweir etc is:

1. Back out the per quod claim, separate property of the non-injured spouse.
<x-tab>        </x-tab>Since no per quod claim was filed in this case since it resolved pre-complaint, I'm assuming 10-15% is the amount we'd call per quod. An issue to resolve in mediation.

2. Calculate the amount attributable to lost wages - subject to distribution between the parties.

3. The remainder is future disability and pain & suffering - not subject to distribution and the sole property of the non-injured spouse.

Does that look about right?

Thanks.


<x-sigsep>

Please confirm that you received this email and referenced attachments (if any).

- Dave

David Perry Davis, Esq.
----------------------------------------------------
   www.FamilyLawNJ.pro
----------------------------------------------------
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax:    609-737-3222

</x-sigsep>

I second Gary. If he can't do it, I have a lot of PI experience.

Other suggestions are Abby Webb and Rich Sevrin. Both have PI experience.

Robert E. Goldstein, Esq.
Drescher & Cheslow, P.A.
(732) 972-1600
[email protected]

Visit my website: www.mydivorcelawyernj.com


Original Message------

Gary Borger, Esq.  he is in Burlington and is a very good mediator and has a lot of experience.

 

Alice M. Plastoris, Esq.

Law Office of Alice M. Plastoris, Esq.

82 Speedwell Avenue, 2nd Floor

Morristown, NJ 07960

Telephone No. (973) 538-7070

Fax No. (973) 538-7088

Email: [email protected]

 

***EMAIL CONFIDENTIALITY NOTICE*** The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of the email address listed as the recipient of this message.  If you are not the intended recipient of this email message, you are hereby notified that any disclosure dissemination, distribution or copying of this communication is strictly prohibited.  If you have received this transmission in error, plesae notify the sender by return email, and by telephone at (973) 538-7070.

 

Schuttler v. Reinhardt, 17 N.J. Super. 480 (App. Div. 1952); Rex v. Hunter, 26 N.J. 489 (1958), just for primordial starters.

How does a per quod claim get worked out before a divorce? How does it get realized if divorce is imminent, unless the grounds for this claim and related damages happened significantly earlier in time than the breakdown of the marriage?  

A husband/wife is entitled to the services of his/her spouse in attending to the household duties, to companionship and comfort, and consortium, that is, marital relations. A plaintiff who is awarded a verdict is entitled to fair and reasonable compensation for any loss of impairment of his or her spouse's services, society or consortium because of injuries sustained by him or her as a proximate result of the defendant's negligence (or other wrongdoing). Damages may be awarded not only for total loss of services but for a worsening of their quality.

Damages may include but are not limited to out of pocket expenses incurred in engaging the services of others to perform household duties previously attended to by his or her spouse.

------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585

Original Message:
Sent: 08-10-2016 16:58
From: David Perry Davis
Subject: Need mediator with specific experience (PI suit) / PI law

I've just been retained in a matter where there was a substantial personal injury settlement ($1.7 million net). One of the parties was paralyzed due to medical malpractice. The PI case settled without a trial or even a suit being filed. Hospital just settled it outright upon being contacted. My adversary and I (and clients) would like to resolve the case with the minimum possible cost and acrimony. There's no real discovery needed, no other issues, so we'd like to select a mediator ASAP, preferably by finding someone in Burlington (midpoint between attorneys' offices) with specific experience with this issue. While Burlington would be best, if there's a recommendation that involves travel, that'd be preferable to using someone without specific experience on the issue. My adversary is on this list - we've agreed to consider any recommendations from the group.

Also, in past cases I've had with PI awards (although never one this large), my understanding of Landweir etc is:

1. Back out the per quod claim, separate property of the non-injured spouse.
<x-tab>        </x-tab>Since no per quod claim was filed in this case since it resolved pre-complaint, I'm assuming 10-15% is the amount we'd call per quod. An issue to resolve in mediation.

2. Calculate the amount attributable to lost wages - subject to distribution between the parties.

3. The remainder is future disability and pain & suffering - not subject to distribution and the sole property of the non-injured spouse.

Does that look about right?

Thanks.


<x-sigsep>

Please confirm that you received this email and referenced attachments (if any).

- Dave

David Perry Davis, Esq.
----------------------------------------------------
   www.FamilyLawNJ.pro
----------------------------------------------------
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax:    609-737-3222

</x-sigsep>

Suggest rock-paper-scissors as work-out solution.

------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585

Original Message:
Sent: 08-10-2016 16:58
From: David Perry Davis
Subject: Need mediator with specific experience (PI suit) / PI law

I've just been retained in a matter where there was a substantial personal injury settlement ($1.7 million net). One of the parties was paralyzed due to medical malpractice. The PI case settled without a trial or even a suit being filed. Hospital just settled it outright upon being contacted. My adversary and I (and clients) would like to resolve the case with the minimum possible cost and acrimony. There's no real discovery needed, no other issues, so we'd like to select a mediator ASAP, preferably by finding someone in Burlington (midpoint between attorneys' offices) with specific experience with this issue. While Burlington would be best, if there's a recommendation that involves travel, that'd be preferable to using someone without specific experience on the issue. My adversary is on this list - we've agreed to consider any recommendations from the group.

Also, in past cases I've had with PI awards (although never one this large), my understanding of Landweir etc is:

1. Back out the per quod claim, separate property of the non-injured spouse.
<x-tab>        </x-tab>Since no per quod claim was filed in this case since it resolved pre-complaint, I'm assuming 10-15% is the amount we'd call per quod. An issue to resolve in mediation.

2. Calculate the amount attributable to lost wages - subject to distribution between the parties.

3. The remainder is future disability and pain & suffering - not subject to distribution and the sole property of the non-injured spouse.

Does that look about right?

Thanks.


<x-sigsep>

Please confirm that you received this email and referenced attachments (if any).

- Dave

David Perry Davis, Esq.
----------------------------------------------------
   www.FamilyLawNJ.pro
----------------------------------------------------
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax:    609-737-3222

</x-sigsep>