DAMIANO M. FRACASSO   

It is frustrating and frightening to be sued or have to sue someone. If you are the person filing the lawsuit (the Plaintiff) you must file your lawsuit within the time limitations set by law (the statute of limitations) If you are suing a New Jersey government or government agency, you also have the additional obligation to first file and serve a legally compliant “notice of claim” upon the designated agent for that government or agency within the very short time limit permitted by state statute. If you need to sue someone in Bankruptcy Court, you must file your complaint in the Bankruptcy Court within a very, very short period of time which begins to run from the date of the first scheduled meeting of creditors (regardless of the statute of limitations governing the basis for your lawsuit). Calculating the appropriate statute of limitations for your lawsuit is too involved to discuss at any detail on this webpage. What you need to know is not to delay in contacting my office (or another attorney’s office if I cannot help you) immediately if you think you have a reason to sue somebody.  

 

Likewise, if you are being sued in civil court, you have a limited amount of time to respond to that lawsuit. Typically, in New Jersey Superior Court that period of time is 35 days from the day you are served with the lawsuit (federal court is different depending on the basis of the suit). If you fail to file your response (an answer, complaint, motion to dismiss, counterclaim, etc.) the person suing you can obtain default and default judgment and you may be prevented from defending yourself in Court. If you are being sued for something which you feel may be covered under an insurance policy (i.e. auto, renters or homeowners) contact your insurance company immediately upon being sued. If the insurance company will provide you coverage under the insurance policy, they will provide you with a free lawyer to defend you on the claims which are covered. Since not all claims are covered, you may need to hire a separate attorney to represent you on the claims which are not covered. You will also need a separate attorney to represent you if you want to countersue the person who is suing you.  

 

My office files and defends a variety of civil lawsuits which include, but are not limited to: 

 

• Personal Injury (automobile accidents, restaurant or bar injuries, slip and fall, dog bites, assault and battery, etc.)  

• Property Damage (to automobiles, boats, homes, personal items)  

• Breach of Contract 

• Inheritance Theft 

• Defamation of Character (libel or slander) 

• Neighborhood Disputes 

• Indemnification and Contribution  

• Civil Rights Violations 

• Consumer and common law Fraud  

• Wrongful Discharge 

• Wrongful Eviction / Illegal Lockout  

• Discrimination  

• Emotional Distress 

• Malicious Prosecution / Abuse of Process 

• Invasion of Privacy 

• Negligence 

• Bankruptcy Fraud  

• Wrongful impound of your vehicle or property 

• Wrongful Death  

• Medical Malpractice  

• Lemon Law 

• Odometer Fraud  

• And Many Others (just call and ask) 

 

 

If you already began your lawsuit or defense of a lawsuit on your own, generally speaking (and depending on the stage of the case), the Judge will allow you to hire an attorney to represent you.