Personal Injury Articles for the Injured of NJ

Falls in Construction Sites

Posted by Francis M. Smith on Mon, Apr 27, 2015

By Francis M. Smith

Construction sites can be, by their very nature, hazardous locations. Heavy equipment, ladders and scaffolding, holes and trenches, and other features can create dangers that can only be mitigated, not entirely erased. It is the duty of the general contractor or property manager in charge of a construction site to maintain it in as safe a condition as possible, but sometimes corners are cut or errors are made, resulting in accidents. Every year, more than 68,000 injury claims result from slip and fall accidents on or around construction sites – and of these, over 100 represent fatal accidents. Often the victims of these falls at construction sites are workers employed by one of the companies (sub-contractors) operating on the job site, but passers-by or other people are also at risk of falling accidents in these areas.

Read More

Topics: Trip and Fall, Dangerous Condition, Dangerous Premises, Slip and Fall, Construction Accidents, Workplace Injury, Workplace Accidents

Falls in Parks and Playgrounds

Posted by Francis M. Smith on Fri, Apr 24, 2015

By Francis M. Smith

Most of the time, discussions of slip and fall accidents are framed around adult injuries; most of the time when children trip or slip, they suffer nothing worse than a scraped knee and a bit of a scare. But parks and playgrounds, with their elevated platforms, hard surfaces, and the presence of other children, offer opportunities for a child to sustain more serious injuries in a falling accident. Each year more than 200,000 children under 14 suffer accidents on the playground that require medical treatment, and many of these accidents are playground falls. Injuries to children are difficult to contemplate, but when a parent or caregiver is faced with the reality of this kind of accident, it's vital to know how to proceed.

Read More

Topics: Trip and Fall, Slip and Fall, Injuries to Children, falls in parks, falls in playgrounds

What Insurers Don't Want Juries to Know

Posted by Francis M. Smith on Wed, Apr 22, 2015

By Francis M. Smith

If a personal injury case resulting from a car crash or other accident goes to trial, the outcome of that case will likely be decided by a jury. As almost anyone who has ever received a jury duty notice in the mail knows, jurors are average citizens (the “peers” of those involved in the trial) who typically have little or no specialized knowledge of the law, outside of whatever they may have retained from a high school civics class. Jurors who are selected to decide a particular case must be briefed on the points of law relevant to the case in question, which they must consider in conjunction with the evidence and testimony presented by the attorneys during the trial proceedings.

Read More

Topics: Motor Vehicle Accidents, Automobile Insurance, injury compensation, injury case, insurance company

After an Accident, How to Handle Your Insurance Company

Posted by Francis M. Smith on Mon, Apr 20, 2015

By Francis M. Smith

Insurance companies advertise themselves as reliable sources of help when disaster strikes; they paint themselves as friends, neighbors, people who are on your side or in your corner, ready to help you. We've all seen the "Good Hands" commercials on TV. These are all great marketing slogans, but the reality is that insurance companies are for-profit businesses, and they make their bottom line by taking in as much money in payments and premiums as they can, and paying out as little for claims as they can get away with. When you suffer a car crash or other accident and need to file an injury claim, you're likely to find the helpful and neighborly spirit of your insurance company vanishing in the face of your claim. Unlike actual friends, your insurer has no motivation to care whether your medical bills are paid in full, or whether you receive compensation for the lost wages and suffering you endured as a result of your injuries. In order to make sure you get the money you deserve, you need to know how to handle your insurance company. If you have retained the services of a personal injury attorney, he or she will do this for you. If you have not, read on.

Read More

Topics: Injuries, Personal Injury, Motor Vehicle Accidents, Automobile Insurance, injury compensation, insurance company

How Can a Trial Attorney Help My Personal Injury Case?

Posted by Francis M. Smith on Fri, Apr 17, 2015

By Francis M. Smith

Most personal injury claims never see the inside of a courtroom; it's much more common for the injured person and the insurance company responsible for the claim to agree to a settlement outside of court. Unfortunately, this also means that many injury lawyers also rarely see the inside of a courtroom. Trying a case before a jury can be expensive for a trial attorney, who often pays for expert testimony and other trial costs out of his own pocket (to be repaid out of the settlement or verdict) in the process of preparing your case – so some injury lawyers prefer to avoid going to trial whenever possible. Often, the lawyers who spend the most on advertising, especially direct mail advertising,  are not the ones who are most willing to fight the insurance company in a courtroom if the company does not offer proper compensation for your injuries.

Read More

Topics: Personal Injury, injury compensation, injury case, trial attorney

Falls in Homes and Private Residences

Posted by Francis M. Smith on Wed, Apr 15, 2015

By Francis M. Smith

When discussing slip and fall accidents, the examples that spring most immediately to mind are accidents on public or commercial property: tripping on a cracked or raised sidewalk, slipping on a spill in a grocery store, or falling on ice in a parking lot. But it's just as possible to be injured in a fall in home settings, too – and when that happens, it's often unclear what the right course of action should be. Most often, if you are in a private residence other than your own, that home belongs to a family member, a friend, or a neighbor. Even if you are seriously injured in a fall in a home belonging to one of these people, it can be difficult to know how to proceed. After all, who wants to bring claim, much less a legal action against a friend or relative?

Read More

Topics: Trip and Fall, Dangerous Premises, Slip and Fall, premises liability, falls in homes

Falls in Stores and Shopping Malls

Posted by Francis M. Smith on Mon, Apr 13, 2015

By Francis M. Smith

One of the more common settings for slip and fall accidents is inside stores or other commercial properties, and falls in stores are also among the most hotly litigated premises liability cases. The primary source of contention in many of these cases is that of responsibility: who bears the burden of ensuring that a fall on the store premises doesn't take place – the customer trying to navigate their way through the store and do their shopping, or the owner or manager of the store who has experience with the premises and knowledge of its common hazards? Generally speaking, courts have upheld the idea that the operators of commercial properties have a special responsibility to provide a reasonably safe premises for customers and visitors.

Read More

Topics: Trip and Fall, Dangerous Premises, Slip and Fall, premises liability

Falls on Public or Government Property

Posted by Francis M. Smith on Fri, Apr 10, 2015

By Francis M. Smith

Seeking compensation for injuries resulting from a fall can be complicated regardless of who the owner or manager of the property is, but when you experience a fall on public property, many additional complications can arise. If you are injured on property owned or controlled by a government entity, whether that entity is a federal, state, or municipal body, the rules governing your premises liability claim are different and more stringent than if the party you intended to sue was a private individual or business.

Read More

Topics: Injuries, Slip and Fall, injury compensation, premises liability

Hidden or Obvious Defects (Latent Defect or Patent Defect)

Posted by Francis M. Smith on Wed, Apr 08, 2015

By Francis M. Smith

While many slip and fall accidents result from negligent conduct on the part of a property maintainer in allowing objects or substances to create hazards on a walking surface, some hazardous conditions that cause falling accidents result from a defective condition of part of the property itself. When this occurs, who is responsible for the presence of the defect and thus liable for the injuries that it caused – the parties who own or maintain the property, or the parties who designed and built the defective items in the first place? The answer to that question is partly determined by whether the hazard that caused the injury was a patent or a latent defect.

Read More

Topics: Trip and Fall, Dangerous Condition, Slip and Fall, latent defect, patent defect

Work Place Falls

Posted by Francis M. Smith on Mon, Apr 06, 2015

By Francis M. Smith

One of the more common places for a slip and fall accident to take place is at the accident victim's place of employment. In New Jersey, an injured worker usually cannot sue an employer for negligence. If the only entity or person responsible for an injury is an employer or a co-worker, the injured person's only avenue to receive compensation for their injuries is through workers' compensation. Depending on the circumstances surrounding the injury, however, there may be other parties who contributed to your accident, and if these third-party entities were negligent in some fashion that led to your work fall, you may be able to pursue legal action against them to seek compensation for your injuries.

Read More

Topics: Trip and Fall, Product Liability Cases, Dangerous Condition, Slip and Fall, Workplace Injury, Workplace Accidents

Subscribe by Email

Browse by Tag

Follow Me