Philip B. Vinick FindLaw IM Template 2026-07-08T11:07:22Z https://www.vinicklawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1302002/2019/10/cropped-fav_icon-32x32.png On Behalf of The Law Office of Philip B. Vinick <![CDATA[Child custody when your kid has special needs]]> https://www.vinicklawfirm.com/?p=48749 2026-07-08T11:07:22Z 2026-07-08T11:07:22Z Key factors to consider If you are going through a special needs custody case in New Jersey, the court will evaluate the “best interests of the child.” Here are some key factors that could affect the custody decision, including:
  • Consistency and stability: Special needs children often struggle with routines and transitions. The court might award primary custody to one parent to avoid disruptive changes.
  • Primary caregiver history: The court would consider which parent managed the medical history, therapies and care routines for the child before making a decision.
  • Parental fitness: The court would assess whether both parents are prepared and able to handle the medical equipment, administer medication and to manage the emotional and physical needs and well-being of the child.
Once a child reaches adulthood, parents generally no longer have the automatic legal authority to make the decisions on the child’s behalf. If the adult child cannot make the right decisions independently, parents might need to seek legal guardianship.

Protect your child’s future

Divorce can be exhausting, but that shouldn’t compromise the well-being of your child. Understanding and navigating the complex special needs custody in New Jersey can be overwhelming. Seeking the guidance of an experienced legal professional could help you protect your parental rights and safeguard your child’s future.]]> On Behalf of The Law Office of Philip B. Vinick <![CDATA[Ending joint real estate ownership through the courts]]> https://www.vinicklawfirm.com/?p=48746 2026-06-30T13:06:12Z 2026-06-30T13:06:12Z Joint ownership can help people who may not qualify for mortgages on their own become homeowners. Joint ownership can also be the result of an inheritance or a business arrangement. When two or more people own real estate together, they share the value of the property and responsibilities for the real estate as well. Differing opinions about what should happen with the real estate or a failure to respect arrangements for sharing responsibilities could lead to conflict between co-owners. The situation can damage relationships and impose unfair financial and practical responsibilities on one or more owners due to another’s failures. If people who jointly own real estate can't work out an amicable arrangement to resolve disputes about their shared property, going to court could be an option.

The courts can terminate joint ownership

Judges have the authority to resolve co-owner disputes in a variety of ways. In cases where one owner no longer wants to share responsibilities and equity with another, they may initiate a partition action. Partition actions may result in the courts ordering the sale of the property, which then allows the co-owners to split the proceeds. Judges can also partition property by breaking one parcel into multiple parcels or facilitating one owner buying out another. Plaintiffs initiating partition actions can request specific remedies based on the type of property and other details about the situation. In scenarios where continued joint ownership is not a viable option, asking the courts to help terminate joint ownership could be a reasonable solution. Discussing co-ownership challenges with a real estate attorney can help property owners determine the best option, given their circumstances.]]> On Behalf of The Law Office of Philip B. Vinick <![CDATA[What’s wrong with using your driving time as “thinking” time?]]> https://www.vinicklawfirm.com/?p=48745 2026-06-22T01:59:42Z 2026-06-22T01:59:42Z The only time some people get to themselves in the day is their drive to or from work or some other place. Their lives are hectic, and their car provides a rare moment of respite. Many drivers make use of the journey time to think matters through. For example, a CEO might use the time to reflect on a business decision, or a spouse might use it to ponder how to tell their spouse they want a divorce.

Drivers need to keep their minds on the road at all times

If you are thinking about something other than driving, then your brain is not focused on driving. That’s actually a form of distracted driving. As a result, you are more likely to have a crash. As much as some people believe they can multitask, research shows that the human brain cannot think about more than one thing at a time. What the brain is actually doing when someone believes they are multitasking is quickly swapping its attention between things. Other times, drivers feel free to mentally switch off and let their brain wander where it pleases. This, too, can be dangerous as it also removes focus from the road. Driving a car requires your brain to make lots of different calculations. Leaving it as free as possible to focus on those things will increase safety. Focusing solely on the road can be challenging, and it’s likely that few, if any, drivers manage to block out all other things. So, it’s sensible to consider that a driver who crashes into you, or causes you to crash, maybe didn’t have had their whole attention on the road at the time. Proving this to be true could help you establish fault and claim the compensation you need.]]> On Behalf of The Law Office of Philip B. Vinick <![CDATA[When does my child support order end?]]> https://www.vinicklawfirm.com/?p=48742 2026-05-29T12:33:29Z 2026-05-29T12:33:29Z Automatic end of child support orders Under New Jersey child support law, the state generally terminates the order automatically once a child reaches 19 years old. The law views this as the standard age of emancipation. This financial obligation will also end early if the child marries, passes away or enters active military duty before their 19th birthday. The state recognizes these events as immediate grounds for termination. These events end the order without requiring you to schedule a court date or appear before a judge.

What are the exceptions?

Courts may extend support beyond age 19 if the child remains in high school or has special needs needing ongoing care. A child enrolled full-time in secondary education typically gets support until they turn 23. Parents seeking an extension must file a motion with the court before the child turns 19. Judges review each situation individually based on the child's conditions and needs. The court considers factors like educational progress and the child's ability to become self-supporting.

Meeting your obligations to your child

Remember that as a parent, your legal obligation to your child continues right up until the official termination date arrives. Do not assume you can stop paying early. Skipping payments near the end of your support order may still result in serious court enforcement.]]> On Behalf of The Law Office of Philip B. Vinick <![CDATA[Can I sue if the driver who hit me has no insurance?]]> https://www.vinicklawfirm.com/?p=48740 2026-05-22T10:24:05Z 2026-05-22T10:24:05Z What happens if you sue an uninsured driver Suing is legally possible, and unlike in some states, New Jersey prevents the at-fault driver from using the lawsuit threshold to block your claim. However, winning a judgment and successfully collecting funds are two entirely different hurdles. Most people who drive without insurance lack the personal assets or income needed to satisfy a court judgment. Even if you win your case, you could spend time and resources on a lawsuit only to walk away with nothing. This is why your own insurance policy generally offers the more reliable path to an actual recovery.

Where uninsured motorist coverage comes in

Because New Jersey is a no-fault state, your own insurance carrier usually handles your initial claims through:
  • Personal injury protection (PIP): This covers your medical expenses first, up to your policy limits.
  • Uninsured motorist (UM) coverage: This takes over when PIP runs out, or when your vehicle suffers significant damage. It covers what the uninsured driver's policy would have paid, compensating you for bodily injury and property damage — provided you can show the other driver was at fault.
Standard New Jersey auto policies automatically include UM coverage. State law sets these minimum limits at $35,000 per person and $70,000 per accident. However, if you bought a basic policy, it excludes this vital protection. Your policy options also dictate whether you can seek compensation for non-economic damages, like pain and suffering. If your policy includes a verbal threshold option, the rules are much stricter. To pursue those damages, a physician must formally verify that your injuries are permanent. This medical certification must be filed within 60 days of the defendant's answer to your lawsuit.

Understanding your options

Your lawsuit threshold, your UM coverage and your PIP limits all play a role in what you can recover after a crash with an uninsured driver. Reviewing your policy with an experienced attorney can help clarify your rights and ensure you do not leave vital compensation on the table.  ]]> On Behalf of The Law Office of Philip B. Vinick <![CDATA[Advantages of resolving your civil lawsuit through ADR]]> https://www.vinicklawfirm.com/?p=48739 2026-05-21T13:38:10Z 2026-05-21T13:38:10Z Speed and efficiency Unlike traditional litigation, you and the party can bypass court backlogs by scheduling sessions immediately through ADR. This can allow a faster resolution compared to waiting months or years for a trial date. Opting for arbitration and mediation can also have fewer procedural hurdles compared to a formal courtroom.

Cost-effective approach

Choosing mediation or arbitration can often mean less time spent in discovery and the courtroom. This can often translate to lower attorney fees while avoiding the high costs of hiring expert witnesses and daily court appearances.

Private and confidential

Compared to a public court battle, mediation and arbitration are more discreet. This is vital if you are a business owner protecting trade secrets or simply want to keep your personal matters off the record.

Greater control

In New Jersey, you can both select a mediator or arbitrator with specific expertise in the subject matter related to the lawsuit. A random court assignment does not guarantee a judge with specialized knowledge. The results for ADR also permit flexible settlements that a traditional court may not have the authority to grant.

Preserves relationships

Mediation and arbitration are often less adversarial and encourage collaboration on the terms of the final outcome. This is critical if you both have an ongoing business relationship or are family members that must interact in the future.

Reaching an agreement on your terms

When settling a civil case, ADR can offer an effective route that can save you time and money. Seeking legal guidance can better position you to negotiate an enforceable agreement that truly protects your interests.]]> On Behalf of The Law Office of Philip B. Vinick <![CDATA[Can recycled materials lead to defective consumer products?]]> https://www.vinicklawfirm.com/?p=48738 2026-05-06T20:24:58Z 2026-05-06T20:24:58Z The concept of a circular economy driven by recycling is well-researched. The model itself is generally characterized by the recycling and reuse of two groups of materials: the recycling of metals and the recycling of plastics. Further, it is generally understood that recycling turns a product, ultimately, into another product. For example, when someone drops an empty water bottle into a recycling bin, that product is most often ground up and reused to make something other than a water bottle in its next iteration. Perhaps the plastic material from the water bottle is next used to create plastic bags for retail shopping or, in some instances, a base clothing material.

How can this process lead to injury or illness?

While the recycling process for both metals and plastics is most often considered a positive for both the environment and the economy, it can introduce issues in consumer products, for example:
  • Chemical contamination: While the plastic itself might survive the recycling process intact, there could be an accumulation of chemicals in the resulting product. These new chemicals could be added to the mixture during the recycling process or picked up by the original product and not washed properly. In a worst-case scenario, this contamination can lead to Benzene poisoning and, potentially, cancer.
  • Material fatigue: Metal recycling is an accepted way to control costs and reduce waste, but it also introduces impurities into the resulting product. If these unwanted elements are not removed from the composition early on, it can cause a dramatic reduction in the overall material strength. This, unfortunately, can lead to devastating breaks based on the material’s ultimate dispensation (think: metal fatigue on a 20-foot aluminum ladder). This failure can lead to severe accidents and critical injuries.
For these reasons, it is crucial that consumers pay careful attention to any injuries or illnesses sustained while or immediately after using products that followed a questionable manufacturing process. Whether the injury was caused by faulty construction, defective packaging or substandard materials, it is wise to seek the guidance of an experienced personal injury attorney who can carefully examine the situation and provide a tailored course of action.]]> On Behalf of The Law Office of Philip B. Vinick <![CDATA[When can you sue for negligent property maintenance?]]> https://www.vinicklawfirm.com/?p=48736 2026-04-30T15:00:44Z 2026-04-30T15:00:44Z Identifying the property owner’s duty In New Jersey, your legal standing depends on your status as a visitor. Business visitors are considered invitees and are entitled to the highest duty of care. According to New Jersey Model Jury Charges, owners must do regular inspections to find and fix dangerous conditions. For commercial owners, this duty extends to public sidewalks abutting their property, regardless of who caused the damage. This does not make the owner an insurer of absolute safety, but it does require the care a reasonably prudent person would exercise to prevent foreseeable harm.

Recognizing notice of dangerous hazards

To hold an owner accountable, you must usually prove they had "notice" of the problem. This means they either knew about the hazard (actual notice) or the risk remained unaddressed for such a duration that the owner had a fair opportunity to find and fix it (constructive notice). However, in "self-service" businesses like grocery stores, New Jersey's "mode of operation" rule may allow you to pursue a claim even without proving the owner knew about the specific hazard, provided it was a foreseeable risk of their business operations. New Jersey courts often look at whether the owner had a reasonable maintenance schedule in place to catch such issues before someone gets hurt.

Meeting filing deadlines and requirements

In New Jersey, you can sue for negligent property maintenance when an owner knew or should have known about a dangerous condition and failed to fix or warn you about it. Procedural deadlines are strict, though. The general statute of limitations gives you two years from the date of the incident to file a lawsuit, but that window shrinks significantly on government-owned property. Injuries on public property, such as a municipal sidewalk or state building, require a formal Notice of Claim within 90 days. Because these rules are rigid and fact-dependent, speaking with a legal professional early is the best way to protect your right to compensation.  ]]> On Behalf of The Law Office of Philip B. Vinick <![CDATA[When can your business file for an emergency injunction?]]> https://www.vinicklawfirm.com/?p=48735 2026-04-16T14:44:20Z 2026-04-16T14:44:20Z What qualifies as an emergency situation? You may seek an emergency injunction when your business faces immediate and irreparable harm. New Jersey courts follow strict criteria before granting emergency injunctions. Under New Jersey law, you must demonstrate four elements:
  • A likelihood of success on the underlying legal claim
  • Irreparable harm if the relief is not granted
  • The harm outweighs any harm the injunction might cause the other party
  • The injunction serves the public interest
Common business situations that meet these requirements include trade secret theft, breach of non-compete agreements and contract violations that threaten ongoing operations.

How quickly can an emergency injunction be obtained?

The timeline depends on the severity of your situation. A preliminary injunction requires notice to the other party and a hearing where both sides present arguments. In extreme cases, you can seek a temporary restraining order (TRO). This does not require notice.However, TROs typically last only ten days, unless extended by the court After obtaining a TRO, the court will set a return date for a preliminary injunction hearing where both parties present evidence. The court will then decide whether to convert the TRO into a preliminary injunction until the final judgment.

What evidence is needed in an injunction request?

Clear and specific evidence is required to support your request. Courts require documents, sworn statements or other proof that shows immediate harm. For example, you may include contracts, emails or internal records. These can show how the dispute affects your business. You may also provide certifications or affidavits that explain the situation in detail. Courts cannot grant injunctions based on speculation or potential future harm.

Protecting your business interests

Emergency injunctions provide powerful protection for businesses facing immediate threats. However, obtaining one requires meeting specific legal standards. You may benefit from legal counsel who can help you understand your options and guide you through the process.]]> On Behalf of The Law Office of Philip B. Vinick <![CDATA[How to support your children during a divorce]]> https://www.vinicklawfirm.com/?p=48732 2026-03-24T10:19:51Z 2026-03-24T10:13:02Z Let them know the divorce is not their fault The news of your divorce will carry a lot of weight for your children, and hearing simple words of reassurance such as “our decision has nothing to do with you” and “we will remain a big part of your lives” can be all that your children need to unburden their feelings of guilt. By providing them with reassurance and answering their questions with clarity, you can minimize their confusion and help them understand how things will change for them within the household and their schools.

Establish predictability through routines

Your children can adjust to their new living situations better if you and your ex-spouse can establish clear routines for them. By letting them know what to expect, you help foster stability and consistency in their daily lives. Whatever type of custody arrangement you agree on, you must both prioritize your children's best interests and do your best to be involved in their lives as much as possible.

Maintain open communication

Encourage your children to be honest about their needs and frustrations. By scheduling one-on-one conversations with them, you can understand their concerns better and build their trust. These activities can also help you observe changes in their behavior, whether it be through regression or withdrawal; being able to spot these signs early can help you address the situation more effectively.

With your support, you can help your children cope with divorce better

As parents, you are your children’s pillars. By being empathetic about their feelings, providing stability through clear routines and expressing support in all aspects of their lives, you can help them transition to their new living arrangements with ease and comfort.]]>