Personal Injury Articles for the Injured of NJ

What is Causation in a Car Accident Injury Case?

Posted by Francis M. Smith on Fri, Nov 14, 2014

By Francis M. Smith

When you suffer injuries in a car accident and seek to pursue an injury claim against the insurance company of the driver responsible, there are three things your attorney must be able to prove. The first thing (as you might expect) is that the other driver was at fault for the accident – and a lot of injury cases spend a great deal of time on this point, arguing over the timing of the traffic light and the details of right-of-way laws. The second thing you must prove is that you were injured; this point might seem fairly obvious, but insurance companies often hire so-called “independent” medical consultants to evaluate accident victims with an eye to claiming that the victim wasn't hurt as badly as they say, if at all.

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Topics: Motor Vehicle Accidents, Car Accidents, New Jersey Personal Injury Attorney, New Jersey Personal Injury

What is Causation in a Slip and Fall Injury Case?

Posted by Francis M. Smith on Wed, Nov 12, 2014

By Francis M. Smith

Slip and fall accidents are a common source of injury resulting in the need to pursue legal action to recover damages, and as the seasons turn and the weather gets colder, the risk of this kind of accident increases. Wet leaves and icy sidewalks create slick, dangerous surfaces without traction that make a fall more likely. Inside stores and other businesses, rain and snow tracked in by patrons can accumulate in entrances to create slippery puddles, and the thaw and freeze cycle may tear uneven cracks in the pavement outside. Businesses and property owners know (or should know) about these totally foreseeable seasonal hazards and have a responsibility to maintain their property in such a way as to protect visitors from the danger of a fall. Frequently if a person does have a slip and fall accident that results in injury, it's due to some oversight or neglect on the property owner's part. But when a case gets to court, the process isn't as simple as pointing to the hazard and showing that the property owner failed in their duty of care. Many slip and fall cases are successful or fail on the question of causation.

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Topics: NJ Personal Injury Attorney, Slip and Fall, New Jersey Personal Injury

What Happens After Deposition in a Motor Vehicle Accident Case in NJ

Posted by Francis M. Smith on Fri, Nov 07, 2014

By Francis M. Smith

Pursuing an injury claim into the courtroom may be the only way to receive just compensation for your motor vehicle accident injuries, if the insurance company refuses to agree to compensate you fairly with a reasonable settlement. Still, the legal process of bringing your case to court can often feel confusing and intimidating for an injured person. For all the excitement of television courtroom dramas, TV doesn't really offer a clear idea of what goes on during the various stages of a personal injury case. (Of course, a TV show has to get the trial completed in half an hour.) For the most specific picture of what you can expect from your case, don't be afraid to ask your attorney any questions you might have, as he will be familiar with the details of your particular situation. However, for a general sense of how a motor vehicle injury case will proceed, let's follow the fictional case of Sarah Brown, whose car was struck on the passenger side by a pickup truck in the middle of an intersection.

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Topics: Motor Vehicle Accidents, New Jersey Personal Injury Attorney, New Jersey Personal Injury

What Happens After Deposition in a Slip and Fall Accident Case in NJ

Posted by Francis M. Smith on Wed, Nov 05, 2014

By Francis M. Smith

Though your attorney will do everything possible to make the process as simple and easy to understand as possible, dealing with a personal injury claim after you've been hurt in a slip and fall accident can be complicated and sometimes stressful. In a perfect world, the insurance company involved would offer reasonable compensation that would cover the costs of your injuries straight away, but insurance companies make their money by paying out as little as they can, so it's possible that your case might go to trial. Despite the popularity of courtroom dramas, most people don't have the opportunity to learn what really goes on in a civil court case such as a personal injury suit – until they themselves are injured. It can be much easier to deal with the stresses of the process if you know what to expect going in.

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Topics: New Jersey Personal Injury Attorney, Slip and Fall, New Jersey Personal Injury

What are Affirmative Defenses in a NJ Personal Injury Case?

Posted by Francis M. Smith on Fri, Oct 31, 2014

By Francis M. Smith

When you file a lawsuit to recover damages following a personal injury, the defense has many legal tools in its arsenal to bring against your case in an effort to reduce or eliminate their liability for your injuries, even if it cannot dispute the facts of your claim as such. It's important to be familiar with these defense options if your personal injury case might go to trial, so that you and your attorney can prepare to respond to these arguments accordingly.

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Topics: New Jersey Personal Injury Attorney, New Jersey Personal Injury

What to Expect When Working with a Personal Injury Attorney

Posted by Francis M. Smith on Mon, Oct 20, 2014

By Francis M. Smith

Most people are fortunate enough never to have been seriously injured in a car crash or other accident resulting from someone else's negligence or recklessness – but this means that when such a misfortune does strike, few people know what to expect and how to proceed. Should you hire a personal injury attorney? If you do, does that mean you're committed to a lawsuit? How will your case be handled, and how much will you know about what's going on? What is expected of you, and what are you supposed to do financially until you receive your injury compensation? Understanding the answers to these questions can help reduce the stress of dealing with your injury claim, allowing you to devote more of your attention where it belongs: on recovering from your injuries.

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Topics: NJ Personal Injury Attorney, Evidence

The Insurance Adjuster's Settlement Offer Process

Posted by Francis M. Smith on Fri, Oct 17, 2014

By Francis M. Smith

Your injury attorney should ensure that you have a solid understanding of what he is doing at each stage of the claim process. He will be working with you, asking for information and documents and answering your questions as he assembles evidence for your case. However, it's not so easy to see what's happening on the other side of the settlement table. What process does the insurance adjuster handling your case go through to determine your settlement offer? By understanding how an insurance adjuster approaches settlement claims and what process they use to produce a settlement offer, you will have a better grasp of where you stand, and what you can do to improve your chances of being fairly compensated when your case is settled or a verdict returned with a damages award.

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Topics: NJ Personal Injury Attorney, Personal Injury, Settlement Offer

Six Reasons for Filing a Personal Injury Lawsuit

Posted by Francis M. Smith on Wed, Oct 15, 2014

By Francis M. Smith

After being injured in an accident, you're likely to have a lot of concerns and issues to consider. How should you handle your medical treatment, and how will you pay for it? How long will you be unable to work because of your injuries? Should you sue? You may hear a lot of conflicting opinions and information from friends, family, and coworkers, but the decision of whether to file a personal injury lawsuit to pursue damages for your injuries ultimately rests with you – and it's important for you to have the best information available when making that decision. That's why seeking the advice of an experienced injury attorney is advisable for most injury victims; a good injury lawyer can help you understand what is involved with filing a personal injury lawsuit and whether that course of action is a useful one in your individual situation. Here are six important points to consider when deciding whether to file suit for injury compensation:

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Topics: NJ Personal Injury Lawsuit, Evidence

Bicycle Accident Road Deaths Exceed Airline Deaths

Posted by Francis M. Smith on Mon, Oct 13, 2014

By Francis M. Smith

There are many excellent reasons to make cycling part of your or recreational life or even your daily commute: exercise, reducing your carbon footprint, and saving money on gasoline. In many cities across the country, more commuters are choosing this clean, healthy, and inexpensive mode of transportation. Unfortunately, most of the nation's cities are still structured around an automobile-based commuter culture, so the infrastructure to make bicycle travel safer isn't always present or effective, and motorists aren't always used to looking for cyclists when they enter an intersection or make a turn. As a result, bicycle injuries are more common, and more serious, than many people might suspect. Based on 2012 statistics, it's not unreasonable to say that riding a bicycle can be more dangerous than traveling by airplane; in that year, there were 726 fatalities from bicycle accidents across the country – nearly two every day, on average. In the same year, there were no commercial airline accident deaths. Many people are afraid to fly, but it's clear that cycling presents a much higher actual risk of injury or death.

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Topics: Bicycle Accidents

Three basic elements that affect personal injury cases

Posted by Francis M. Smith on Fri, Oct 10, 2014

By Francis M. Smith

When you find yourself in the position of needing to pursue legal action on a personal injury claim, it can be a very stressful and confusing time. The pain and disruption of your life caused by your injuries is often difficult enough to deal with on its own, and now you're navigating a complicated legal situation with an insurance company's defense lawyer opposing you. Having an experienced NJ personal injury lawyer on your side will make this process less difficult and confusing, because your attorney can explain to you the details of what your case needs and how to proceed. Every personal injury case is unique and presents its own challenges, but there are common threads that appear in each case. Understanding those basic elements and how they appear in your situation will make it easier for you to deal with the legal process.

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Topics: Injuries, Motor Vehicle Accidents, Slip and Fall

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