Personal Injury Articles for the Injured of NJ

What is Comparative Fault in a Slip and Fall Case?

Posted by Francis M. Smith on Mon, Feb 23, 2015

By Francis M. Smith

When you sustain an injury in a slip and fall accident on someone else's property, a major component of pursuing your injury claim will involve proving that the incident that caused your injuries was the fault of the possessor of the property (or those charged with maintaining the property). This may mean demonstrating that the property owner or manager actively created the hazard that caused your injury, or showing that they negligently allowed the hazard to persist. While your attorney is gathering proofs and constructing these arguments, however, the lawyer for the opposing side won't be sitting idle; it's his job to defend the property owner (and the insurance company who will have to pay damages if you prevail), and one of the defense strategies in their arsenal is to argue that the accident that injured you was at least partly your own fault. This defense argument is called comparative negligence or comparative fault, and if the insurance company's lawyer argues it persuasively enough, it could reduce the amount of money you are able to collect in injury damages, or mean that you can receive no compensation at all.

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Topics: Dangerous Condition, Dangerous Premises, Slip and Fall, comparative negligence, comparative fault

Injuries Resulting from Slip and Falls or Tripping

Posted by Francis M. Smith on Fri, Feb 20, 2015

By Francis M. Smith

Suffering a fall as a result of unsafe walking surfaces or hazards on a property can result in serious injuries. There are many ways that an injury-causing fall can occur, but these kinds of accident can be divided into two broad categories: slip and fall accidents, and trip and fall accidents. If the incident occurs on a premises controlled by another party and the hazardous condition existed due to that party's negligence, there is little or no difference in liability between the two types of falling accident – but when pursuing damages for your claim, the distinction between a slipping accident and a trip can be important for substantiating your account of events. Perhaps more importantly, the kind of falling accident you suffer can partly determine what injuries you sustain.

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Topics: Trip and Fall, Dangerous Condition, Dangerous Premises, Slip and Fall, injury compensation

Premises Liability Categorization of People

Posted by Francis M. Smith on Wed, Feb 18, 2015

By Francis M. Smith

Accidents resulting in personal injury at a private residence, place of business, or other property can happen at any time of year – though the snow, ice, and wet of winter weather certainly creates additional seasonal hazards. If you are injured in a fall or other accident on a property owned by someone else, the medical bills and other expenses from your injuries can rack up quickly, leaving you to wonder how to deal with all these sudden costs while trying to recover your health. One natural question to ask is, “Can I recover damages for my injuries from the party who owns or controls the property where I was hurt?” The answer, as is so often the case in personal injury and premises liability claims, is “It depends.”

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Topics: Dangerous Premises, premises liability

Liability for Dangerous Premises in New Jersey

Posted by Francis M. Smith on Fri, Feb 13, 2015

By Francis M. Smith

When you set out to seek compensation for injuries you sustained from an accident on another person's or business's property, there are a number of things you and your attorney must be able to prove. The first few are obvious: you must prove that the accident took place, that you were injured as a result of it, and that the injuries and money damages you are seeking stem from those injuries. In addition to this, you must also prove that the individuals or business entities that control the property (whether they own it, rent it, or have been charged with its management) bear liability for the injuries you suffered. Proving liability is often more challenging in slip and fall accidents than it is in, for instance, car crashes, for a number of reasons. Often, the injured person in a slip and fall accident is also the only person to have witnessed the accident take place. In a car accident, certain types of accidents (like a rear-end collision) carry a clear indication of fault, whereas premises liability law can be complex, can vary based upon the location of the fall, and, in some cases, can be very subjective. Having the help of an experienced premises liability attorney is essential when pursuing an injury case like this, as your attorney can help you understand the details of the laws governing liability.

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Topics: Injuries, Dangerous Premises, injury compensation, premises liability

Slip and Fall Accidents Resulting from Unsafe Floors and Conditions

Posted by Francis M. Smith on Wed, Feb 11, 2015

By Francis M. Smith

Though a slip and fall accident may occur at any time of the year, the winter months generally see an increase in accident injuries associated with falls resulting from unsafe floor conditions. When most people think of slip and fall accidents connected with winter weather, they might imagine poorly shoveled sidewalks or icy front steps – and outdoor hazards are certainly a major issue at this time of year. But the danger of inclement winter weather can follow you inside as well, creating additional slip and fall dangers inside buildings. In addition, there are many indoor slipping hazards that remain constant all year round. If you run afoul of any of these dangerous conditions, the injuries you sustain can be serious, requiring costly medical treatment and keeping you out of work for extended periods of time.

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Topics: Injuries, Slip and Fall, injury compensation

Personal Injury Attorney Urges Drivers to Avoid Winter Driving Hazards

Posted by Francis M. Smith on Mon, Feb 02, 2015

By Francis M. Smith

Driving in NJ on any work day or weekend in the end of January 2015 has been especially treacherous. One 27-year driver’s life was spared when a semi truck lost control on black ice on the NJ Turnpike in Plainsboro Township. The driver, Oleg Varavko, captured the scene on video. Within minutes his life was spared again when a second articulated tractor trailer lost control and jack-knifed, narrowly missing Mr. Varavko’s vehicle.

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Topics: Motor Vehicle Accidents

How to Know When Herniated Discs are Caused by Acute Recent Trauma

Posted by Francis M. Smith on Mon, Jan 26, 2015

By Francis M. Smith

Back injuries are a common result of car collisions, falls, and other incidents in which a person is injured through another person's careless or negligent actions. Injuries to the back and spine can be intensely painful, limit the accident victim's mobility and ability to function normally, and may require surgery to repair – though even with surgical intervention, there may still be lasting damage. Unfortunately, back problems are also a frequent result of the normal aging process, which insurance companies are often quick to point out when an accident victim seeks compensation for back injuries caused by traumatic injury.

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Topics: Herniated Disc, back injury

How Can I Tell if I Have a Concussion?

Posted by Francis M. Smith on Fri, Jan 23, 2015

By Francis M. Smith

After sustaining a sudden jolt or blow to the head, such as often results from a motor vehicle accident or slip and fall, you may develop a severe headache or other symptoms that lead you to wonder if you might have sustained a concussion. A concussion is recognized by the medical community as a mild traumatic brain injury (MTBI), and results when the soft tissue of the brain strikes the inside of the skull. The symptoms of a concussion, especially a mild one, can be subtle and difficult to identify. The way a concussion manifests often differs by individual and by injury; very rarely will any two concussions have exactly the same symptom progression and duration. This can make concussion injuries difficult to diagnose.

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Topics: Brain Injury, concussion

What are Answers to Interrogatories

Posted by Francis M. Smith on Wed, Jan 21, 2015

By Francis M. Smith

When you are unable to reach a fair settlement with the insurance company in your personal injury case and you decide to take your case to court, it may still be a while before your attorney argues your position before a jury. Before any courtroom arguments can be made, both sides of the case need time to gather evidence to support their claims, and to "discover" the other side's evidence. . This is accomplished during the "discovery" phase of the trial; this is essentially an opportunity for your attorney and the insurance company's lawyer to do their research, to determine what evidence will be relied upon and what witnesses will be produced, and to hear what the parties and the witnesses will say if the case is tried. Unfortunately, as the injury victim and the plaintiff pursuing the case, you are going to be the subject of much of the other side's attention. The first way this is obvious is the interrogatory process.

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Topics: discovery phase, answers to interrogatories

Can a Lawyer Tell Me How Much My Injury Case is Worth?

Posted by Francis M. Smith on Mon, Jan 19, 2015

By Francis M. Smith

After a serious injury caused by the reckless or negligent behavior of someone else, you are faced with the decision to embark on a lengthy settlement negotiation process, and perhaps and even longer and more involved process if your case goes to trial. When weighing your options, one of the first questions you may want answered is how much your case is worth. Some lawyers will tell you that they can answer this question after a phone consultation, or by plugging your information into a “settlement calculator” or similar method. Unfortunately, the reality is that the worth of an accident injury is not so clear cut, and the promises that these lawyers offer you may not reflect the compensation that you actually receive by the time your case is resolved.

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Topics: Settlement Offer, injury compensation, injury case

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