Personal Injury Articles for the Injured of NJ

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

7 Types of Damages in Personal Injury Cases

Posted by Francis M. Smith on Wed, Oct 08, 2014

By Francis M. Smith

Most people know that, when they suffer an injury in an accident caused by someone else's irresponsible, negligent or reckless behavior, that they can seek financial damages (compensation) by pursuing a claim with the help of an experienced lawyer. But far fewer people know specifically what those “damages” entail – and understanding the different types of damages that can be sought in a personal injury case is key in making sure that you receive all the compensation to which you are entitled for your injuries. The law's purpose in awarding financial damages is to repair, as much as is possible, the harm caused by your injuries – and as anyone who has experienced a serious injury from a motor vehicle accident, or a slip or tip and fall accident,  knows all too well, the harm often goes far beyond the stack of medical bills that result from your treatment. Therefore, the law recognizes seven different types of injury damages.

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Topics: Injuries, Car Accidents, Slip and Fall

Multiple Concussions Bench UConn Star Athlete Casey Cochran

Posted by Francis M. Smith on Mon, Oct 06, 2014

By Francis M. Smith

Sports, especially a sport like football, can be very physical and often hard-hitting. The athletic field offers a clear insight into the human body's vulnerability to injury from any kind of impact or trauma. Football, with its frequent bone-jarring impacts, is one of the more injury-prone sports, and in recent years athletic medicine experts have become more aware of the long-term dangers of certain types of injuries – and in particular, repetitive concussion injuries. Make no mistake, a concussion is a type of traumatic brain injury, and the medical community is becoming increasingly aware of the risks suffered by patients who experience multiple concussion injuries. The awareness of these dangers recently ended the football career of University of Connecticut sophomore and star quarterback Casey Cochran.

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Topics: Brain Injury

What Is Future Loss of Earnings?

Posted by Francis M. Smith on Fri, Oct 03, 2014

By Francis M. Smith

Suffering a serious injury as a result of the recklessness or negligence of someone else can have a frightening impact on your long-term quality of life. Not only do you need to worry about the pain and limitations caused by the injury itself, but you may be justifiably concerned about the way your injuries will affect your future ability to work. That is why, with the proper proofs, it is possible to sue for recovery of not only the wages lost from your employment while you recover from your injuries, but any impairment in future earnings that you suffer as a result of disabling injuries. Sometimes a seriously injured client cannot go back to work at all.

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Topics: Car Accidents, Slip and Fall

Fear of Addiction Can Keep Injury Victims Suffering Back Pain from Receiving Needed Relief

Posted by Francis M. Smith on Wed, Oct 01, 2014

By Francis M. Smith

In many different types of accidents, a distressing result can be prolonged or acute back pain that interferes with your ability to work, perform other normal tasks, or maintain a tolerable quality of life. Accident victims can find that enduring chronic pain can have harmful effects on other parts of the body because pain is a source of stress. Chronic pain sufferers may also experience depression or other mood problems because of the constant suffering they endure. Acute pain resulting from a traumatic injury or surgery as a result of an accident - whether it's a car crash or slip and fall - has different consequences, but can often be more intense, even unbearable for the patient. However, too many people refuse to accept treatment for the back pain that they experience, because they are afraid of developing an addiction to the pain relievers. While a healthy respect for powerful pain medications is certainly warranted, fear of addiction may be overblown if doctor's orders are carefully followed.

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Topics: Car Accidents, Slip and Fall

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