Personal Injury Articles for the Injured of NJ

Favorable Resolution of Your Claim Depends on How Well We Prove Your Injuries

Posted by Francis M. Smith on Wed, Sep 14, 2016

By Francis M. Smith

One of the most basic, and yet the most unfortunate, facts to understand when pursuing just compensation in a personal injury claim is that the insurance company does not want to help you. It's not that they actively wish you harm, but rather that helping you recover from your injuries would cost them money. As for-profit businesses, insurance companies seek to maximize income (premiums) and minimize expenses (insurance claims payouts). That means fighting the insurance adjuster for every dollar you are owed because of your injuries.

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Topics: Motor Vehicle Accidents, Car Accidents, injury compensation, insurance company

Resources Available to Injured Children

Posted by Francis M. Smith on Wed, Sep 07, 2016

By Francis M. Smith

An accident that seriously injures a child is an intense trauma for the entire family, and parents dealing with the aftermath of such an accident often don't know where to turn for the help their child and their family need. If your child's accident was caused by the negligence of someone else, right after proper initial medical care is under way, one of the first places you should turn for help is to an experienced child injury attorney. Finding a lawyer with extensive experience in handling cases involving injured children gives you access to his resources and connections, including specialists who can help you and your attorney build a strong case against the negligent party's insurance company. But this is likely only the beginning of the help your family will need during this time of crisis.

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Topics: NJ Personal Injury Attorney, Injuries to Children, injury compensation

NHTSA: Back to School Safety Month. Walk, Bike, and Ride to School Safely!

Posted by Francis M. Smith on Fri, Sep 02, 2016

By Francis M. Smith

The new school year is fast approaching (undoubtedly much faster than most school-aged children would prefer), and with it comes the rush of back-to-school preparations. But in the scramble to buy notebooks, #2 pencils, and the perfect pair of sneakers, it's worth taking a moment to consider your child's route to school and back again every weekday. Kids travel between home and school in a variety of ways: some are driven by parents, while others take the school bus, walk, or ride a bike. There are benefits to each of these, depending on a family's situation, but each method comes with its own hazards as well. Considering these possible dangers carefully can help you plan the safest commute possible for your child.

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Topics: Motor Vehicle Accidents, Injuries to Children, Bicycle Accidents, Pedestrian Accidents, Bicycle Safety

Drowsy Drivers are a Hazard to Roads

Posted by Francis M. Smith on Wed, Aug 31, 2016

By Francis M. Smith

Thanks to efforts by transportation safety organizations and law enforcement, the public has become much more aware of the risks involved in engaging in certain behaviors while driving. For decades, public awareness and enforcement campaigns have been working to reduce the rate of drunk driving, with much success. Similar efforts have been implemented in recent years to pursue similar results in curbing distracted driving, which has dramatically risen as a roadway danger with the rise in smartphone ownership. However, there is another condition that can be as dangerous as intoxication or distraction when behind the wheel, and it has received much less public attention. Much like drunk or distracted driving, drowsy driving can kill.

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Topics: Injuries, New Jersey Personal Injury Attorney, drowsy driving

Pokemon Go Gaming Drivers: Another Form of Dangerous Distracted Driving

Posted by Francis M. Smith on Fri, Aug 19, 2016

By Francis M. Smith

It has been a long time since cell phones were solely, or even primarily, used for placing phone calls. Today's smartphones serve numerous purposes in the everyday lives of an increasing share of the population. According to a State Farm survey, in 2014 about 80 percent of drivers had a smartphone, up from about 50 percent in 2011. And we use those smartphones not just for talking and texting, but for GPS navigation, shopping, email, internet browsing, social media, and games. Of all these uses, it would not be unreasonable to believe games to be the least likely source of distraction for a driver. Reasonable, but wrong – at least since the release of Pokemon Go.

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Topics: Distracted Driving

Understanding Soft-tissue Injuries

Posted by Francis M. Smith on Wed, Aug 17, 2016

By Francis M. Smith

After an accident, the only battle you should have to face is the fight to recover from your injuries. Unfortunately, if your injuries were caused by the negligence of someone else and you're seeking compensation from their insurance company, the insurance adjuster is already preparing to go to war with you. His preferred mode of attack depends on a number of factors, including the circumstances of the accident and the nature of your injuries. In particular, "soft tissue injuries" give the insurance adjuster plenty of ammunition for attacking your claim – which is why you need an experienced professional fighting on your side to protect your rights.

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Topics: Injuries, injury compensation, insurance company, soft-tissue injuries

How is Permanent Disability Determined?

Posted by Francis M. Smith on Mon, Aug 15, 2016

By Francis M. Smith

For most accident victims, it's best to hold off from agreeing to a settlement until they have fully recovered from their injuries, so they know what the full cost of their medical treatment will be. Unfortunately, some people who suffer serious injuries in accidents don't have that option; a major accident can leave the victim with a permanent disability and ongoing medical treatment. This affects how the injury claim process moves forward, adding new factors to the calculation of your damages.

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Topics: Permanent Injury, injury compensation, insurance company

Severe and Catastrophic Injuries

Posted by Francis M. Smith on Fri, Aug 12, 2016

By Francis M. Smith

With some accident injuries, the process of determining the value of the damages sustained by the victim as a result of the accident is a fairly straight-forward process – though the eventual sum will still be contested by the insurance company. However, accidents involving catastrophic injuries often require a much more complex process for determining the full expenses that your injury will impose on you. Most injury claims benefit from the help of a personal injury lawyer, but when a case involves injuries of this magnitude, the assistance of an experienced attorney is essential for the accident victim to recover the full value of the damages they deserve.

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Topics: Injuries, injury compensation, insurance company

Signing a Pre-Injury Release Document on Behalf of a Child

Posted by Francis M. Smith on Mon, Jun 13, 2016

By Francis M. Smith

For many children, sports and other physical activities are an excellent way to stay active, bond with friends, learn teamwork and sportsmanship, and simply have fun. Of course, it can't be overlooked that most of these recreational activities carry a certain element of risk as well. The gymnasiums, sports leagues, and other organizations that offer these activities are certainly aware that those dangers exist, and many require parents to sign a liability waiver on their child's behalf in order for the child to be allowed to participate. As a parent, it's vital to understand what exactly you're agreeing to when you sign these release forms, and what kind of legal weight and enforceability they carry in the state of New Jersey.

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Topics: Injuries to Children, Settlement Offer, injury compensation, waiver of liability

Determining the Value of a Child's Injury Claim

Posted by Francis M. Smith on Fri, Jun 10, 2016

By Francis M. Smith

As you begin legal action in your child's injury claim, the natural and obvious first question to ask is, “how much money can I expect to recover on my child's behalf?” Unfortunately, there's no simple and definite answer to that question. You may have heard about an “injury compensation formula” that insurance companies use to calculate the value of claims, but this is not a precise mathematical model that delivers a precise dollar value for a child's injuries based on the cost of their medical bills. Some insurance companies, instead of trusting their claims personnel to accurately evaluate claims, use a computer program into which information is added- like medical bills, days of treatment, days out of school or work, etc. When allowed to do so, insurance adjusters use a large array of variables – including the outcomes of similar recent cases in the same jurisdiction, the child's age, and the amount of successful trial experience the family's personal injury lawyer has – to estimate a value range for the amount a hypothetical jury would likely award the injured child. You can use a similar process to approximate how much your child's claim is worth, but the number and variety of factors that can affect the value of a child's injury claim make it tremendously difficult to estimate accurately without the help of an experienced professional.

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Topics: Injuries to Children, injury compensation, insurance company

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