Legal Question in Personal Injury in New Jersey

my dad wants legal representation instead of following thru with his pro se personal injury case for a complex broken right ankle. question is that he doesn't remember the incident anymore since time has past. Can I answer for him? at deps etc?

facts: he was at an assisited living facility in which the staff kept putting his right foot brace on the left foot. I continually told them this. and then he fell.


Asked on 11/26/10, 9:38 am

2 Answers from Attorneys

Michael Zerres Blume Forte Fried Zerres & Molinari

Thank you for your inquiry. If the lawsuit was timely commenced by your father (pro se), it is possible that you might be able to continue to pursue a negligence claim against the assisted living facility (especially if the records indicate that you advised the staff of an ongoing problem, and support that he fell because of that issue). As a witness with applicable information, your testimony could be helpful in the pursuit of such a claim. We'd need additional information in order to evaluate your father's claim. Please feel free to contact me or any of my partners at the Blume Goldfaden Firm via the profile information provided on this site. We look forward to speaking with you, and will assist you in any way we can.

Michael B. Zerres

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Answered on 12/01/10, 10:22 am
Lawrence Berezin Shapiro & Berezin, P.C.

Great question.

I'm sorry to report, you cannot answer for your father. Period.

You are permitted to testify about "facts" within your personal knowledge.

With that said, it has been our experience over the 35 years my partner and I have represented accident victims, a family participates together in a case involving a seriously injured member of the family; especially when the injured family member needs assistance. There is usually a way to compensate for a situation, such as the one you describe, to present your father's case powerfully, within the rules of court.

You definitely have the basis for a viable case. However, I, too, would like to explore the "facts" in greater detail. Please feel free to contact us.

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Answered on 12/01/10, 12:01 pm


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