Personal Injury Articles for the Injured of NJ

Motorcycle Accidents: 10 Tips Every Motorcyclist Should Know

Posted by Francis M. Smith on Fri, Jul 21, 2017

By Francis M. Smith

Dealing with the aftermath of a motorcycle accident is physically and emotionally taxing under any circumstances, but it can become even harder when you need to contend with an insurance company in order to obtain fair compensation for injuries caused by the negligence of another. Medical appointments, physical therapy, and being unable to work are challenging enough without the added stress of interacting with an insurance adjuster who does not have your best interests in mind. Fortunately, you can make a difficult situation a little easier on yourself by keeping these 10 important tips in mind.

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Topics: Motorcycle Accident, Settlement Offer, insurance company

Taxis and Ride-Sharing -- Who is Liable for Crashes?

Posted by Francis M. Smith on Wed, Jul 19, 2017

By Francis M. Smith

To most people who are familiar with the transportation phenomenon of ride-sharing, services like Uber and Lyft seem to be very similar to taxi companies, though cheaper and more convenient. This is certainly how the customer experience appears when all goes well, but unfortunately, accidents happen. Car crashes involving an Uber or Lyft driver reveal the substantial differences between these services and traditional cab companies, and any rider should be informed of the risks before deciding how they're going to get home.

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Topics: Motor Vehicle Accidents, NJ Auto Insurance, Car Accidents, insurance company

How You Can Help Your Lawyer Build Your Case

Posted by Francis M. Smith on Fri, Jul 14, 2017

By Francis M. Smith

When you hire an attorney to help you with your personal injury claim, he will be able to take from you the majority of the burden of dealing with the insurance company and assembling the evidence for your case. However, there are a few important ways that you can help your attorney build your case to be as strong and persuasive as possible. Some of them should be done as soon after your accident as you can manage, but others happen over time as you work with your doctors to recover from your injuries. By taking these few simple steps, you will enable your lawyer to build a powerful case that will help you obtain the fair compensation you deserve for your injuries.

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Topics: NJ Personal Injury Attorney, NJ Personal Injury Case, settlement compensation

How Insurance Companies Fight to Avoid Taking Responsibility for Your Injuries

Posted by Francis M. Smith on Wed, Jul 12, 2017

By Francis M. Smith

When faced with a personal injury claim, insurance companies are much less interested in the reality of the situation than they are in protecting their financial bottom line. Insurance providers want to make money by taking in more in insurance premiums than they pay out for claims, so there is a strong incentive to reduce the amount they pay accident victims as much as possible, or avoid paying them entirely. To that end, insurance adjusters will pursue any plausible-sounding argument (and some really implausible ones as well!) that would stand a chance of convincing a jury that you aren’t entitled to compensation for your injuries.

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Topics: injury compensation, comparative negligence, insurance company

The Benefits of Hiring a Lawyer

Posted by Francis M. Smith on Mon, Jul 10, 2017

By Francis M. Smith

Dealing with the injury claim resulting from an accident in which your child was seriously hurt could be one of  the most important legal situations your family has ever faced. Unfortunately, it's also a situation in which the forces opposing your family are powerful, experienced, and highly motivated. The insurance adjuster assigned to your child's case is a legal professional who has likely handled hundreds of cases like yours. He may not be a bad person, but he's paid to save his insurance company money – which means offering your family as little as possible, or nothing at all if he can manage it. Trying to pursue your child's case alone only makes his job easier; most insurance adjusters don't take claimants without legal representation seriously. (One study showed that a represented injury victim will get on average three times what an unrepresented victim receives.) When you're fighting for your child's medical treatment and your family's financial stability, you deserve the advantage of having an experienced professional on your side.

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Topics: NJ Personal Injury Attorney, Injuries to Children, injury compensation, insurance company, contingent fee

Liability Waivers and Gym Memberships

Posted by Francis M. Smith on Fri, Jul 07, 2017

By Francis M. Smith

For many people, joining a gym, health club, aerobics class, or yoga studio is an accessible and affordable way to help them stay active and healthy. Some people also find that the group atmosphere helps them maintain their motivation and commitment to meet their exercise goals. It's unfortunate that these fitness centers too often pose the risk of serious injury to the very same customers and members who patronize them in an effort to improve their health. Every year, thousands of people suffer injuries in exercise classes and gyms; many of these incidents involve slip and fall accidents or improperly maintained exercise equipment. Hard shower and poolside floors, heavy free-weights, and enormous metal exercise machines with dozens of moving parts offer abundant opportunities for an accident to result in broken bones, back or neck injury, spinal damage, or even traumatic brain injury (TBI).

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Topics: injury compensation, premises liability, waiver of liability

Getting Damages for Lost Income in Your Injury Settlement

Posted by Francis M. Smith on Wed, Jul 05, 2017

  By Francis M. Smith

When you are pursuing a claim to seek compensation for injuries you suffered in an accident caused by someone else, it's important to make sure that you include in your claim all the economic losses that you suffered due to your injuries. The unpaid medical bills that have piled up from the treatment your injuries received may be extensive, but they still don't show the whole picture of how much your injuries have cost you financially. You have a right to seek compensation not only for the money your injuries forced you to spend, but also the money your injuries prevented you from earning. Lost income represents a category of injury damages that encompasses both earnings missed at your current employment because you were hurt too badly to work or needed to attend medical appointments, and potential earning opportunities that you were unable to pursue due to your injuries.

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Topics: Injuries, injury compensation, settlement compensation, lost income

Valuing the Nature and Extent of Your Injuries

Posted by Francis M. Smith on Mon, Jul 03, 2017

By Francis M. Smith

When seeking compensation for accident injuries, the key to ensuring that the settlement you're agreeing to is reasonable is to understand the value of your injuries. On the surface, this seems simple enough – the costs of your medical treatment can be added up easily enough from your doctor bills, and the value of the wages lost as a result of your injuries can be found with some simple bookkeeping. But there's no easy dollar value to assign to pain and trauma. There are formulas that insurance adjusters use to calculate compensation for pain and suffering; at the basic level, these methods involve applying a multiplier to the more tangible medical costs of your injury. In theory, the more painful and lasting the injury, the higher the multiplier. It has always been a very inexact science, if you can call it that, and many insurance companies now don't trust their adjusters enough to settle case, but make them feed information into a computer program that spits out a value range for the case being evaluated.

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Topics: Injuries, Settlement Offer, injury compensation, injury case, lost income

The Argument for Strict Liability for Driverless Cars

Posted by Francis M. Smith on Wed, Jun 07, 2017

By Francis M. Smith

Computer technology that allows motor vehicles to navigate roads and respond to changes in the environment without the input of a human driver is currently in development by many major companies, and may see widespread use on our nation's roadways within the next few decades. These driverless cars have the potential to significantly alter many aspects of everyday life, from vehicle ownership and insurance to the tort claims that arise from car accidents. There are numerous challenges that the current standards of product liability law would face from driverless cars, but there is a readily available solution. Imposing a standard of strict liability for lawsuits involving injuries caused by driverless cars would be the simplest, fairest, and most effective solution to the challenges presented by the technology.

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Topics: Product Liability Cases, driverless cars, strict liability

Driverless Cars: Who is Responsible when a Driverless Car Crash with Human-Operated Car?

Posted by Francis M. Smith on Wed, May 31, 2017

By Francis M. Smith

As technology companies and auto manufacturers bring us closer every day to a reality in which fleets of cars with self-driving computer systems travel our roads and highways, their work raises questions for society and the law to wrestle. One of the most important questions regarding driverless cars is the matter of liability – in a collision between a self-driving vehicle and a standard human-driven car, who is responsible for the accident?

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Topics: tort law, driverless cars

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