Personal Injury Articles for the Injured of NJ

By Francis M. Smith
 
When someone is injured on another’s property by slipping on slick surfaces or tripping over debris, this is considered a slip and fall accident. Owners must keep the sidewalk in front of their premises and their parking lot clear and safe to avoid accidents.

Injuries caused by slip and fall accidents are not trivial; they can be immensely painful and debilitating. Consider these statistics provided by the National Floor Safety Institute:

By Francis M. Smith
 
Do you think that what you post on Facebook is only accessible by your friends? Believe me, your worst enemies may be reading somewhere down the road, so be careful about what you post. Here's what I mean:

A recent ruling by a Magistrate Judge with the United States District Court in the District of New Jersey has solidified the status of online social media postings as evidence in court cases and lawsuits. Specifically, content posted to social media websites is considered evidence and is subject to the same laws against evidence tampering as physical documents. In the case Gatto v. United Airlines,  Frank Gatto, a former baggage handler at John F. Kennedy Airport, sued United Airlines and Allied Aviation Services for damages following a workplace-related injury which he claimed left him permanently disabled, impairing his ability to work or engage in social activities.

By Francis M. Smith
 
You may think that a personal injury attorney can only help you if you have suffered an injury and you are planning to sue a third party for those injuries. However, this is only part of the story and is also somewhat misleading.

What is personal injury law?

By Francis M. Smith
 
Unfortunately, there are a number of types of accidents that can result in traumatic head injuries. Car accidents, playground accidents and workplace accidents can all result in traumatic brain injury, paralysis and permanent disability.

Brain injury statistics

By Francis M. Smith
 
A slip and fall injury can happen anywhere—the grocery store, the mall, the park, your neighbor’s house—and the medical expenses can be atrocious to pay for. When dealing with Slip and Fall Injury Cases, it is important to know what to do in order to ensure your chances of being compensated for your medical bills, time away from work, and any expenses that incur from the injury.

Take Care of Your Injuries

It is important that you get your injuries documented and cared for by a medical professional, not only to ensure your own health, but also to make sure that you have the documents necessary to prove you’ve been injured. These documents will help you later when trying to receive compensation.

Accident Report and Copy

It is important when being treated for your injury that you report you were in an accident so that it is documented. Many store managers, property owners, or other people in charge of the facility where you fell may have to fill out forms. These forms will help document your claim and you should be sure to get a copy of the report, no matter if the Emergency Medical Personal who treat you, a police officer, or a civilian fills them out. Having a documentation of all forms will help your case later on.

Gather Witnesses and Evidence

The conditions under which the fall happened are important. If possible, you should take photos of the area where you fell, EXACTLY where you fell, and any contributing factors in the fall. These photos will help an attorney determine exactly who is at fault for the fall as well as be evidence that can be shown later if the case goes to court. Also important, is gathering information from any possible witnesses to the fall, including telephone numbers, addresses, and full names. A final suggestion is, if possible, preserve the outfit you were wearing when the fall happened in a safe place.

Final Advice

Don’t sign any papers without contacting an attorney first. Insurance claims can be tricky, and signing an agreement that will “cover your medical expenses” could take away your right to receive compensation for time lost at work or future injury expenses. It is always best that you consult an attorney to make sure you are getting the best deal for yourself and your future, and that you are being compensated completely.

By Francis M. Smith
 
Sometimes when people are injured in a slip and fall accident, there is no option to seek remuneration from a third party. In large part, the ability to prove liability in slip and fall injury cases can hinge on a number of factors. Proving liability means determining a third party is responsible for the conditions that caused the slip and fall accident.

Proving liability

The Law Offices of Francis M. Smith, Esq. Personal Injury Attorney support the important work our community organizations do to protect you. In honor of events that occur during the spring and summer months, we are supporting the following organizations.

May   

• National Bike Month -  5th Annual Revolutionary Ramble Bicycle Tour on June 8 at Drew University, Madison NJ to benefit local volunteer emergency squads and promotes safe cycling
    
• National Dog Bite Prevention Week, May 19 – May 25 – St. Hubert’s Animal Welfare Center to benefit their Pet Training courses

June   

• National Safety Month – Run for Life 5K on June 2nd to benefit Child and Family Resources of Morris County organized by Par-Troy Rotary club

July    

• 12th Annual Downtown Westfield 5K Run and Pizza Extravaganza - Wednesday, July 24 with a starting time of 7pm. Westfield NJ

August    

• Pedestrian Safety Month -  NY-NJ Trail Conference & Union County Hiking Club

And year round …   

• Love Without Boundaries Foundation providing “Hope and Healing for Orphaned Children”
  
  
• Raphael's Life House in Elizabeth, a transitional residence for women who are homeless and pregnant.

Contact Us to Setup a FREE Consult
Contact us to schedule a free consultation to discuss your injury compensation options when injured. Consultations are always free and without obligation.

Toll free. 888-233-1272 | email. Frank@FrankSmithLaw.com | www.FrankSmithLaw.com

By Francis M. Smith
 
Have you been involved in a motor vehicle accident injury case involving a motorcycle? The joy of riding a motorcycle is something many people savor. However, it's not as simple as just buying a cycle and getting a license. There is a lot more involved than driving a car. Weather is a huge factor in deciding if you can ride on a particular day. Sometimes a day can start out sunny and bright and you can encounter rain and slippery roads before you can get home.

The more troubling factor is that motorcycles seem to be invisible to many people. According to MotorcycleAccident.org, motorcyclists are 35 times more likely to have a deadly accident than car drivers are and yet only 11% of all motor accidents in the US involve motorcycles. Unfortunately, the rate of fatalities is growing much faster than the increase in newly licensed motorcycle drivers. Signs and bumper stickers saying, "Look Twice - Save a Life" are starting to pop up everywhere to call attention to the problem.

By Francis M. Smith
 
There are numerous laws and government regulations on the books to protect consumers and employees from injury or harm caused by corporations. Your employer cannot discriminate against you for belonging to a federally-protected class, or take punitive action against you for taking various types of leave to which you are legally entitled (like family medical leave), or for blowing the whistle on your employer's illegal activities. If you use a company's product or service, they can be held legally liable for defective products, scams, or negligent behavior resulting in injury. However, these protections can only help you if you are able to bring your case before a court of law to be heard by a jury of your peers, as stated in the Constitution. Many corporations have found a way to escape the consequences of their actions and deprive their customers and employees of their rights through a loophole created through forced arbitration.

What is forced arbitration?

By Francis M. Smith
 
Being involved in any kind of accident is traumatic. The more serious your injuries, the more important it is for you to keep track of what is happening. While you may think once you have received medical attention and called an attorney, your work is done, this is simply not correct. It is important to document several things that will help your attorney successfully prepare your case.

What information you should track