General Questions
At Brady & Kunz, we handle a wide range of legal matters for individuals and families throughout New Jersey. Our primary practice areas include Workers’ Compensation, Social Security Disability, Real Estate, Land Use & Planning, Personal Injury, Municipal Court matters, and Wills & Estates.
You can schedule a consultation by filling out the form on our website or by calling our office directly at 732-240-4600. A member of our team will promptly assist you.
Yes. We offer free consultations for Social Security Disability and Workers’ Compensation cases. For other legal matters, consultation availability is determined case-by-case.
You must complete and file an online application through the Social Security Administration. In addition, you must complete and submit a Disability Report outlining your medical history, work history, and how your condition affects your ability to work.
On average, it takes approximately eight months to receive a decision after filing an initial Social Security Disability claim in New Jersey.
If your SSD claim is denied, it is crucial to consult an attorney. We can assist you in filing a Request for Reconsideration, the first step in the appeals process.
Workers’ Compensation
You should immediately report your injury to your employer and request authorized medical treatment. Prompt reporting helps protect your rights under New Jersey’s Workers’ Compensation laws.
You may be entitled to medical care, temporary disability benefits, and permanency benefits depending on the severity of your injury and medical evaluation.
Yes. Injuries that develop gradually, such as repetitive stress injuries, are considered Occupational Disability or Occupational Exposure claims under New Jersey law.
While you are not legally required to have an attorney, it is highly recommended. The court often advises claimants to retain legal representation to protect their rights and secure full benefits.
Personal Injury
Compensation is determined based on a combination of economic damages (such as medical expenses, lost wages, and future lost earnings) and non-economic damages (such as pain and suffering and permanent impairment).
Yes. Under New Jersey law, you can recover damages even if you were partially at fault, as long as your percentage of fault does not exceed 50%.
In New Jersey, you must file a personal injury lawsuit within two years from the date of the injury.
Real Estate
Real estate transactions involve legally binding contracts. Hiring an attorney ensures that your rights are protected during what is often one of the most significant purchases or sales of your life.
Residential real estate transactions in New Jersey generally offer greater consumer protections. Commercial real estate transactions often focus on achieving specific business goals and may involve more complex negotiations.
If a deal is mutually terminated before closing, both parties are typically returned to their prior financial positions, assuming proper legal procedures are followed.
Land Use and Planning
Zoning regulations in New Jersey are determined by local municipalities. Zoning laws can impact property use, including simple matters like building a shed to more complex changes like commercial development.
You must contact your municipal Land Use or Building Department to request an application packet for a zoning variance.
You should consult an experienced attorney to appeal a zoning decision to your local Zoning Board of Adjustment or through judicial action if necessary.
Wills and Estates
Having a will ensures that your assets are distributed according to your wishes after your death, providing clarity and minimizing disputes among your heirs.
A living trust manages your assets during your lifetime, while a will outlines how your assets should be distributed after your death.
You can make changes to your will by drafting a codicil or creating an entirely new will.
DUI Defense
Penalties for a first-time DUI offense may include fines up to $400, potential incarceration, a three-month loss of driver’s license, and additional monetary penalties.
While you can technically refuse, doing so carries significant penalties, including a fine between $300-$500 and a license suspension until an ignition interlock device is installed.
A DUI attorney can review your case to determine any potential defenses, negotiate with prosecutors, and represent you at all court proceedings to minimize penalties.
FCE (Functional Capacity Evaluation)
An FCE, or Functional Capacity Evaluation, is a physical endurance test used to assess whether you have sustained any permanent impairments from your work-related injury and to determine if you can return to your previous job. In New Jersey workers’ compensation cases, insurance companies often use the FCE as a tool to end your medical treatment and temporary disability benefits, claiming you are fit to return to work.
Yes. If you do not attend your scheduled FCE, the workers’ compensation insurance company may view it as noncompliance. This can lead to an immediate attempt to terminate your benefits, including medical care and temporary disability payments.
After your FCE is completed, your treating workers’ compensation doctor will review the results and decide whether you have any permanent physical restrictions. Based on that assessment, the doctor will determine if you are cleared to return to work and under what conditions.
Most likely, yes. In many cases, when an FCE is scheduled in New Jersey, it signals that the workers’ compensation insurance company is preparing to end your authorized treatment. This often coincides with a Maximum Medical Improvement (MMI) determination.
In most situations, yes. The scheduling of an FCE usually indicates that your temporary disability benefits are nearing termination. Once the doctor uses the FCE results to say you’re fit to return to work or have reached MMI, the insurance company often stops your payments.
If your treating physician determines—based on the FCE—that you are able to return to work, then yes, you are expected to return. Failing to return could affect your continued eligibility for workers’ compensation benefits in New Jersey.
If your treating doctor releases you to return to work but your employer has already terminated your position, your workers’ compensation benefits will typically be terminated as well. This includes wage replacement and medical coverage.
If your FCE shows that you have permanent impairments, your employer is obligated to consider reasonable accommodations under the law. If they have no suitable position available that fits your restrictions, they may legally terminate your employment. In such cases, you may be eligible for permanency benefits under workers’ comp or need to explore Social Security Disability options.