Personal Injury Articles for the Injured of NJ

Shared Blame: Comparative and Contributory Fault for a Personal Injury

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

By Francis M. Smith

If you've sustained injuries in an accident, the first critical component of your claim for injury compensation is establishing liability – and that means proving that the other party involved in your accident was at fault. Sometimes issues of fault are simple and clear-cut, and the real challenges in the case lie in securing a fair sum in compensation for the plaintiff's injuries. However, one of the more common tactics used by insurance company lawyers is to argue that the injured person bringing the claim bears some of the fault for the accident. In some cases, this argument may even be true; it isn't only perfect drivers who are injured in auto accidents, for instance. Understanding how the legal concept of shared fault can affect your case and the value of the damages you may receive is important when pursuing any injury claim.

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Topics: Injuries, injury compensation, comparative fault, contributory fault

Common Defenses To A Slip and Fall Injury Accident

Posted by Francis M. Smith on Wed, May 20, 2015

By Francis M. Smith

When your slip and fall injury claim goes to court, you and your attorney will need to prove a number of things to the satisfaction of a jury: that you suffered an accident as a result of the negligence of the party you are suing, that the injuries you sustained were caused by that accident, and that the financial damages you are seeking stem from those injuries. As you are working to provide evidence in support of these points, the lawyer working for the insurance company will be doing his best to tear down your attorney's arguments. One of the more common points of attack for defense attorneys in slip and fall injury cases is the claim of negligence. If they can convince a jury that their client (the landowner or property manager you are suing) was diligent in fulfilling his duty of care and that your accident took place despite the client's reasonable efforts, you won't be able to collect injury damages regardless of how seriously you were injured.

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Topics: Injuries, Dangerous Condition, Dangerous Premises, Slip and Fall, injury compensation, comparative fault

What is Comparative Fault in a Slip and Fall Case?

Posted by Francis M. Smith on Mon, Feb 23, 2015

By Francis M. Smith

When you sustain an injury in a slip and fall accident on someone else's property, a major component of pursuing your injury claim will involve proving that the incident that caused your injuries was the fault of the possessor of the property (or those charged with maintaining the property). This may mean demonstrating that the property owner or manager actively created the hazard that caused your injury, or showing that they negligently allowed the hazard to persist. While your attorney is gathering proofs and constructing these arguments, however, the lawyer for the opposing side won't be sitting idle; it's his job to defend the property owner (and the insurance company who will have to pay damages if you prevail), and one of the defense strategies in their arsenal is to argue that the accident that injured you was at least partly your own fault. This defense argument is called comparative negligence or comparative fault, and if the insurance company's lawyer argues it persuasively enough, it could reduce the amount of money you are able to collect in injury damages, or mean that you can receive no compensation at all.

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Topics: Dangerous Condition, Dangerous Premises, Slip and Fall, comparative negligence, comparative fault

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