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toni-mike
???????
Member since 10/07 1196 total posts
Name:
Toni
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Re: I am SO upset!!!
To be honest , I actually heard the story on the radio this morning , I think it was either wplj or z100.. Just FYI ya  
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Posted 8/19/08 11:13 AM  |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: I am SO upset!!!
PLEASE take this post down. This could serisouly damage your family's relationship with your brother's attorney and any claims you may or may not decide to make. Depending on who has POA, you could also be waiving attorney-client privilege.
I understand you're upset and I feel TERRIBLE that you are going through ths. I understand that your frustration is mainly that the attorney spoke to the media and the media is getting the story wrong... but it's really best not to post so many details about your family's legal matters on a public board. The media and your attorney could find this board, too...
Best of luck to you. I really wish your family all the best and hope you get this straightened out ASAP.  
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| Posted 8/19/08 11:15 AM |
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Michelina627
LIF Adult
Member since 2/06 1071 total posts
Name:
Michelle
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Re: I am SO upset!!!
Posted by toni-mike
To be honest , I actually heard the story on the radio this morning , I think it was either wplj or z100.. Just FYI ya
It was alson on 98.3 WKJY this morning. 
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| Posted 8/19/08 11:20 AM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: I am SO upset!!!
Posted by Shelly
I'm an attorney and I have dealt with countless Notices of Claim.
If you EVER want to sue the municipality, you MUST file the Notice fo Claim within 90 days of the injury. It just puts the municipality on notice that you MAY sue them. It doesn't mean you have to.
While this is aggravating for you, I completely understand what the attorney did and why he did it. If it turns otu there was some defect in the road, and the notice of claim was not filed, you would be prohibited from ever suing the municipality.
The attorney here is truly acting in the best interests of your family. He is just trying to presrve your brother's right to sue. It doesn't mean he has to sue.
i totally get this... but as an attorney, would you EVER speak to the media without your client's specific permission?
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| Posted 8/19/08 11:23 AM |
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legallyblonde
LIF Adolescent
Member since 8/08 850 total posts
Name:
K
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Re: I am SO upset!!!
Posted by Domino
As I work in a law office, I didnt find anything wrong with what was in the article. You could have actually filed a malpractice suit against your attorney if he HAD NOT filed the claim against the County and your time to do so expired. (He should also have filed a Notice of Claim against the State as well). You only have a certain amount of time to file a claim against a municipality. The Notice of Claim is PROTECTING your family's interests. As a PP said just because a Notice of Claim was filed doesnt mean that you are suing the county or the state. You are just "officially" putting them on Notice. Additionally, a Notice of Claim would have been reviewed and signed by a member of your family in order to have been filed.
I'm sorry for all the aggrivation this has put your family through. If anything, your attorney should have explained the process to you more fully.
Exactly. Also, in terms of POA, many times the person who is the POA will sign it over so to speak to the attorney so they don't have to be called in constantly to sign every paper, authorization, etc. there is. I'm not specifically sure if that applies to a NOC.
Also, the lawyer quoted in the paper...I have worked countless times as adversaries with his firm. He is an excellent attorney and he definitely knows what he is doing. As much as you do not agree with his actions, you are definitely in good hands with him.
And I also agree with Kara that this type of forum could potentially waive privilege...although I'm not sure if it's you that the privilege would apply to but regardless you don't want to risk that. I would take this post down also. Good luck to you!
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| Posted 8/19/08 11:40 AM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: I am SO upset!!!
oops. sorry.
Message edited 8/19/2008 11:48:42 AM.
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| Posted 8/19/08 11:44 AM |
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apb17
My guys
Member since 5/06 2173 total posts
Name:
Alli
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Re: I am SO upset!!!
I'm so sorry that you have to deal with this nonsense now!
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| Posted 8/19/08 12:26 PM |
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Re: I am SO upset!!!
I'm so sorry....that's terrible. I really hope that Newsday will print a retraction for you.
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| Posted 8/19/08 12:58 PM |
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Lizzy
Carson's Mama
Member since 2/08 2430 total posts
Name:
Elisabeth
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Re: I am SO upset!!!
You should have your lawyer call Newsday and make them publish a retraction!
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| Posted 8/19/08 1:08 PM |
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MrsM-6-7-08
<3
Member since 8/06 4249 total posts
Name:
Nicole
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Re: I am SO upset!!!
They just updated the story!
Thank god, i dont understand how and why that happened but im glad your fathers quotes were published
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| Posted 8/19/08 3:51 PM |
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seaside
LIF Adult
Member since 6/08 3101 total posts
Name:
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Re: I am SO upset!!!
Dani-- your family--your whole family--is a class act & an example for everyone.
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| Posted 8/19/08 3:58 PM |
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JenniferEver
The Disney Lady
Member since 5/05 18163 total posts
Name:
Jennifer
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Re: I am SO upset!!!
Posted by seaside
Dani-- your family--your whole family--is a class act & an example for everyone.
ITA!!!!
Updated story
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| Posted 8/19/08 4:22 PM |
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MrsRJP
Happy Spring!!!
Member since 12/07 2151 total posts
Name:
Rena Marie
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Re: I am SO upset!!!
Dani, I am so glad they retracted and explained it was a misunderstanding. I like how your father was directly quoted something that should have been done from the get go.
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| Posted 8/19/08 4:42 PM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: I am SO upset!!!
Posted by seaside
Dani-- your family--your whole family--is a class act & an example for everyone.
ITA. You and your family are amazing.
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| Posted 8/19/08 5:13 PM |
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headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: I am SO upset!!!
Posted by Kara
Posted by seaside
Dani-- your family--your whole family--is a class act & an example for everyone.
ITA. You and your family are amazing.
i completely agree as well. i hope there are no more "misunderstandings"
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| Posted 8/19/08 5:50 PM |
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emc
The Boys!
Member since 5/05 2065 total posts
Name:
Erin
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Re: I am SO upset!!!
Honestly, I have kept up with your main post and for your brother and family and when I read that newsday article this morning I was like Weird...how could the county/roadway be responsible? I figured NCPD was probably doing the right thing by your family; but after reading the article I thought maybe not. Thanks for clearing that up! Continued recovery for your brother
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| Posted 8/19/08 6:08 PM |
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LittleBlueBug
Happy Mommy
Member since 9/06 4074 total posts
Name:
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Re: I am SO upset!!!
I'm so sorry you and your family have to deal with this during a time that should be focused on your brother's recovery
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| Posted 8/19/08 6:33 PM |
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donegal419
St. Gerard, pray for us.
Member since 7/07 7650 total posts
Name:
K
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Re: I am SO upset!!!
Posted by seaside
Dani-- your family--your whole family--is a class act & an example for everyone.
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| Posted 8/19/08 6:55 PM |
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DaniJude
You're My Home <3
Member since 11/06 14815 total posts
Name:
Danielle
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Re: I am SO upset!!! *UPDATE*
What a day!
Well, things were sorted out today. I'm glad I posted, I won't remove the post - it will have no bearing on our "relationship" with the lawyer because he is NO longer our lawyer. I hope he reads this - what he did was calculated and wrong.
...BUT, I do appreciate those helpful tips because if we did continue to use this person I understand how this would effect things - so I appreciate everyone's concern so much.
I posted because I was terrified everyone on here who has been so supportive would read that article and go W T H is wrong with them?!
What really stinks is that my father told him, flat out, he never wants to sue the county so filing the papers should never have been done. I understand the 90 day limit for a municipality but since we NEVER want to sue them and made that clear like 487493875845 times (lol) WHY would you ever need to file anything??
He figured he could get publicity from this, get some quick, easy money from the county -- and, honestly, we probably could cash in on the county - regardless of what happened, a good lawyer could find SOME way to make us rich -- but you know what? it means nothing to us - we are not rich people by any means, my brother lives with my sister in her condo and pays her rent lol he worked over-time to pay for christopher to do activities and sports -- but we STILL won't take an opportunity to cash in if it isn't ETHICAL. The only way we will take action in a suit is against the person who HIT him, the person he had to pull over b/c they just HAD to drive drunk that morning or the state of NJ for giving the person that hit him a license when he had NO BUSINESS having one. Only the ones who were negligent should be blamed and one of the things we look to achieve is making improvements to the "license system" which so many criminals are able to beat. It is actually a big homeland security breach but that's a whole other issue.
Other than that, I don't care if we can get 400 million dollars - we just won't do it... because it is not right and it is not where our priorities are. Our priority is Kenneth - him getting better and the safety of other officers and civilians from the epidemic that is drunk driving.
It upsets us to see the lawyer back peddling SO much and we worry that people who saw the article this morning will NOT see the article tomorrow saying it was false. At the end of the day, it is fine and it was just extra stress we didn't need but it is upsetting to be lied to and then, just because the attorney is trying to cover his butt, he still can't admit the wrong doing and continues to call it a 'misunderstanding'. My Dad actually told me that one of the lawyers at the firm said something to the effect of (this was a while ago) "wow, i commend you for not wanting to go after the county - that is really impressive" and my Dad just said "it is the right thing to do - it shouldn't be commended" but nowadays - so many people are "sue happy" that i guess he was pretty surprised by our stance.
Thanks so much for all the kind words about me and my family -- we just try and always do what is right and hope that in the end, things will work out for us. I'm glad things SEEM to be calming down a bit. I hope people walk away realizing how great the County has been to us and that not everyone sues no matter what.
Thanks again everyone! This is why I come here - You have all been so very helpful and supportive, as always.
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| Posted 8/19/08 8:07 PM |
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janet
WITH LOVE MY ANGEL MISS YOU!!!
Member since 5/05 12823 total posts
Name:
janet
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Re: I am SO upset!!! *UPDATE*
I AM SOOOOOO HAPPY TO HEAR IT ALL WORKED OUT!!!
as for us never being there for you, that would NEVER HAPPEN we all know that a certin paper prints without the facts or the whole truth and would never in a heart beat believe a word they said unless we heard the truth from you
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| Posted 8/19/08 9:09 PM |
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Re: I am SO upset!!! *UPDATE*
Posted by headoverheels
Posted by Shelly
I'm an attorney and I have dealt with countless Notices of Claim.
If you EVER want to sue the municipality, you MUST file the Notice fo Claim within 90 days of the injury. It just puts the municipality on notice that you MAY sue them. It doesn't mean you have to.
While this is aggravating for you, I completely understand what the attorney did and why he did it. If it turns otu there was some defect in the road, and the notice of claim was not filed, you would be prohibited from ever suing the municipality.
The attorney here is truly acting in the best interests of your family. He is just trying to presrve your brother's right to sue. It doesn't mean he has to sue.
i totally get this... but as an attorney, would you EVER speak to the media without your client's specific permission?
I'm an attorney I agree with Shelly's post and the posts from the other attorneys. Attorneys are trained to "zealously" represent their clients. Failure to file a timely notice of claim can be cause for attorney grievances and malpractice suits. On the other hand, there really is not malpractice if an attorney files one and the client later decides not to pursue it.
As for Newsday, their information is misleading readers who rely on Newsday to learn how the legal system works. I do not think that the attorney should have spoken to them. His intent may have been to clarify but you can see that newspapers twist a lot of things. He should not have spoken to them.
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| Posted 8/19/08 9:30 PM |
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