Personal Injury Articles for the Injured of NJ

The "Right" Medical Treatment Increases the Settlement Value of an Injury Claim

Posted by Francis M. Smith on Wed, Feb 10, 2016

 By Francis M. Smith

When an insurance adjuster sets out to calculate the compensation you deserve when you've made a personal injury claim, determining the total cost of the medical treatment you received for your injuries (referred to in legal terms as the “medical special damages”) is an important first step. Not only is this figure likely to make up a large portion of the financial damages in your claim, but it is also the basis from which the value of your pain and suffering damages is derived. In many cases, figuring out the cost of your medical treatment is as simple as totaling up your medical bills – but not all medical treatment is equal in the eyes of an insurance company, and some types of care will be taken more seriously, and thus valued more highly when it comes time to decide on a damages multiplier for your pain and suffering, than others.

Read More

Topics: Injuries, Settlement Offer, injury compensation, insurance company, medical special damages

NJ's Most Dangerous Roads

Posted by Francis M. Smith on Mon, Feb 08, 2016

 By Francis M. Smith

New Jersey's roads and highways see some of the heaviest traffic in the country, and unfortunately that heavy traffic is a major determining factor in the number of fatal auto wrecks that take place in the state. 2014 saw an increase in highway fatalities on New Jersey's highways relative to the previous year, according to the New Jersey Department of Transportation. In that year, 229 deadly car crashes took place on the state's major roadways, compared to the 213 fatal collisions that took place in 2013.

Read More

Topics: Injuries, Motor Vehicle Accidents, Car Accidents, Distracted Driving

Damage Caps and Other Limits on (non-economic) Personal Injury Compensation

Posted by Francis M. Smith on Thu, Feb 04, 2016

 By Francis M. Smith

It may seem counter to one's intuition for there to be limits on the damages an injured person can be awarded other than the jury's judgment of proper compensation for all the elements of an injury, but there is legislation that can, in some instances, place a cap on the amount that can be awarded as compensation for certain types of damages. Most of the time, these laws apply only to non-economic damages, as these are inherently more subjective and do not correspond directly to a financial loss on the part of the injured person.

Read More

Topics: Injuries, Settlement Offer, injury compensation, insurance company

Does the Insurance Company Use a Formula for Compensation?

Posted by Francis M. Smith on Wed, Feb 03, 2016

 By Francis M. Smith

The key to success in any negotiation lies in understanding the thought process of the opposing side, and this is certainly true when negotiating a personal injury settlement with an insurance adjuster. This is part of the reason why claims adjusters are generally evasive about the “formula” they use to calculate the value of your injury case. But as much as insurance companies might wish otherwise, the general formula they use for determining the rough value of injury claims is not a secret. Understanding how the insurance companies' compensation formula works enables you to negotiate more confidently and from a more advantageous position.

Read More

Topics: Injuries, Settlement Offer, injury compensation, insurance company

Calculate Your Personal Injury Settlement

Posted by Francis M. Smith on Mon, Feb 01, 2016

 By Francis M. Smith

If you're about to enter into settlement negotiations with an insurance company for a personal injury claim, you will hold a much stronger negotiating position if you understand how the insurance adjuster arrives at his starting offer, and if you can determine in advance what a reasonable compensation figure for your injuries should be. You may have heard about “formulas” used for calculating damages in injury cases, but there's nothing secret or difficult to understand about the math involved. Most insurers use some variant on the same formula, which you can also employ to determine both your own starting figure for negotiations and the minimum offer that you would consider reasonable and adequate to your needs.

Read More

Topics: Injuries, injury compensation, settlement compensation, negotiated personal injury settlement

Factors that Affect the Value of Your Personal Injury Settlement

Posted by Francis M. Smith on Fri, Jan 29, 2016

 By Francis M. Smith

When trying to determine how much compensation you should receive as a result of your personal injury claim at the outset of settlement negotiations, referring to the “formula” that insurance companies use to estimate damages, if they use such a formula, is only a starting point. There are many factors that can influence the value of your injury claim, either positively or negatively. Understanding how these elements can impact your case allows you to form a clearer and more accurate estimate of how much compensation you can expect, and may enable you to work with your personal injury attorney to strengthen and make clear the less obvious points of your claim.

Read More

Topics: Injuries, Settlement Offer, injury compensation, negligence, pain and suffering

Factors Affecting Your Pain and Suffering Claim

Posted by Francis M. Smith on Mon, Jan 18, 2016

  By Francis M. Smith

When you seek compensation for an injury, most of the time the damages you're pursuing are not limited to the cost of doctor visits and hospital stays. You deserve to be compensated for the harm that the injury caused to your life and well-being, not just to your bank account. That's where pain and suffering damages come in. But unlike economic damages (medical bills, lost wages, and the like), there's no fixed monetary cost associated with being in pain, or losing the freedom to do what you could do prior to your injury. As such, the damages awarded by juries and the settlements negotiated with insurance adjusters for pain and suffering and loss of life style are necessarily subjective.

Read More

Topics: Injuries, injury compensation, settlement compensation, pain and suffering

How Does The Insurance Company Determine Pain and Suffering Damages?

Posted by Francis M. Smith on Fri, Jan 15, 2016

  By Francis M. Smith

When you seek compensation for injuries resulting from an accident that someone else caused, you are asking to be reimbursed for the cost of your medical treatment and the lost earnings resulting from your injuries – but these tangible, economic losses are not the only way that you were harmed as a result of your accident. The experience of enduring the pain of your injuries didn't necessarily cost you any money, but it does constitute real harm for which you are entitled to compensation. Similarly, serious accidents and painful injuries often have ripple effects on a patient's emotional state, from anxiety and sleeplessness to depression and grief. All of these kinds of physical, emotional, and psychological harm generally fall under the category of “pain and suffering” damages.

Read More

Topics: Injuries, injury compensation, settlement compensation, lost income, pain and suffering

How Long-Term Injuries Affect the Value of Your Claim

Posted by Francis M. Smith on Wed, Jan 06, 2016

By Francis M. Smith

 One of the more unsettling diagnoses that one can hear after being injured in an accident is that the injuries sustained will never completely heal, that some lasting effect will remain on one's body even after recovery is complete. Injuries with enduring physical consequences, termed “residual injuries” in the jargon of injury claims, are considered to have a greater significant impact on your life – even if they only cause you a fairly minor impairment – because they are permanent. As such, residual injuries tend to increase the overall sum of your injury damages, including those damages awarded for pain and suffering.

Read More

Topics: Injuries, injury compensation, residual injuries, long-term injuries

How a Negotiated Personal Injury Settlement Works

Posted by Francis M. Smith on Wed, Dec 30, 2015

 When you've suffered injuries in an accident caused by the negligence of another party, filing a lawsuit is rarely the first step on the road to seeking injury compensation. Lawsuits are lengthy and expensive processes, and it's generally better for everyone involved if an equitable settlement can be agreed upon outside of court. In fact, most personal injury claims (some say as many as 97%) are resolved through settlement negotiation without ever seeing the inside of a courtroom. Still, sometimes the insurance company refuses to agree to a reasonable settlement, so it's important to maintain a willingness to go to trial in order to seek fair compensation for your injuries. In addition, your negotiation position is much stronger if the insurance adjuster knows you'll take your case to court if he won't offer an adequate settlement.

Read More

Topics: Injuries, injury compensation, negligence, negotiated personal injury settlement

Subscribe by Email

Client Reviews for Francis M. Smith, Esq., NJ Personal Injury Attorney

 Write a Review of Francis M. Smith, Esq., NJ Personal Injury Attorney

Browse by Tag

Follow Me