Personal Injury Articles for the Injured of NJ

Child Injuries: Role of Clinical Experts and Evidence

Posted by Francis M. Smith on Fri, May 27, 2016

By Francis M. Smith

When a child is injured in an accident, typically the last thing on their parents' minds is gathering and preserving evidence for a future legal claim. Between worrying about the child's well-being, seeking medical treatment for the child, making arrangements to take time off work to care for the child, and other immediate concerns related to the child's injury, even thinking about future legal action -- let alone making preparations for a lawsuit -- is nowhere close to a priority for many parents. However, if filing a claim for your child's injuries proves necessary, failure to collect and preserve witness statements, important documents, and other evidence can be highly detrimental to your child's case. To solve this problem, it's advisable to hire a lawyer as early in the process as possible; your lawyer can handle the legwork of gathering evidence, interviewing witnesses, and finding medical experts to testify in your case, while you focus on taking care of your child.

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Topics: Injuries to Children, Evidence, injury compensation

What is Preponderance of Evidence? NJ Personal Injury Attorney Smith Explains

Posted by Francis M. Smith on Fri, Dec 05, 2014

By Francis M. Smith

If you are injured in an accident and the insurance company involved refuses to agree to a reasonable settlement, your case may end up in court before a judge. Should that happen, it's important to understand the burden of proof your attorney will have to meet in order for the jury to find in your favor and award you fair compensation for your injuries. Most people who have never been involved in a legal proceeding are somewhat familiar, thanks to television courtroom dramas, with the criminal standard of evidence, “beyond a reasonable doubt.” However, like all civil cases, personal injury lawsuits are held to a different standard of evidence.

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Topics: Evidence

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

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

Use of Life Expectancy Tables in Personal Injury Cases

Posted by Francis M. Smith on Wed, Jun 11, 2014

By Francis M. Smith

Some personal injury cases are straightforward: another car crashes into yours and your leg is broken, requiring immediate treatment and several months of physical therapy in order to enable you to recover fully and resume your customary activities. But sometimes the injuries suffered by an accident victim are of a severity or a nature that he or she is left with a permanent disability, a lifelong condition, or an increased risk of future health problems. Joint damage may render a patient more likely to develop arthritis later in life and at an earlier age, and head trauma can leave a victim more vulnerable to sustaining serious damage from subsequent head injuries. So how are these permanent injuries and increased risks adjudicated when it's time to work out how much you deserve in fair compensation for your injuries?

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Topics: Injuries, Motor Vehicle Accidents, Car Accidents, Trip and Fall, Motorcycle Accident, Permanent Injury, Dangerous Premises, Automobile Litigation, Dog Bites, Brain Injury, Construction Accidents, Herniated Disc, Bulging Disc, Evidence, Workplace Injury, Workplace Accidents, Sports Injuries, Truck Accidents

How We Came to Respect Juries in Personal Injury Cases

Posted by Francis M. Smith on Wed, Feb 19, 2014

By Francis M. Smith

A great deal of news coverage following highly publicized court cases have repeatedly seemed to highlight the flaws of relying on a jury to determine the party at fault in a range of different types of cases.

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Topics: New Jersey Personal Injury Law, NJ Personal Injury Lawsuit, NJ Personal Injury Law, Evidence, Trial Procedures

Independent Medical Exams - Delay, Deny, or Defend Injury Claims

Posted by Francis M. Smith on Fri, Jan 24, 2014

By Francis M. Smith

If you’ve suffered a personal injury, you may think, “I’ll be OK. I have good insurance.” That’s not necessarily true, even if you made good choices and bought all the right coverage.

Recent stunning revelations about how insurance companies function, are making people rethink the fairness of insurance. You’re paying for insurance! What does your insurance company do for you when you need them?

Insurance companies are not in business to protect you. They are in business to make money. They make money by taking your premiums and (as often as possible) not paying your claim. They use complex processes when you submit a claim that have a threefold philosophy: delay, deny, and defend. The Insurance Company Medical Examination is a common way to avoid paying a claim. The insurance company will call this an "independent medical examination" - but it is anything but that.

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Topics: Automobile Insurance, Independent Medical Exam, Evidence

NJ Personal Injury Lawyer Explains: Hypothetical questions

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

By Francis M. Smith

In a deposition or trial, the attorneys representing both sides of the case ask witnesses a series of questions to establish important facts that the jury will use to render their decision. Though the rules governing what kinds of questions may be asked are less strict in a deposition than in a trial, in both cases there are certain types of questions that are considered off-limits. Generally, questions that require a witness to speculate or to testify about matters they have no firsthand knowledge of are inappropriate – but there is one important exception. If a witness is an expert in a particular field, they can answer hypothetical or speculative questions about their area of expertise. This gives your NJ injury lawyer an opportunity to make vital facts clear for the jury and strengthen your argument against the defense. And experts are always necessary to prove certain elements of a NJ personal injury case.

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Topics: New Jersey Personal Injury Law, Evidence

NJ Personal Injury Lawyer Explains: "Leading Questions"

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

By Francis M. Smith

It's a standard feature of countless fictional courtroom dramas – a lawyer leaps to his feet and shouts, "Objection!" in response to the opposing counsel's questions. One of the most common objections you hear in these fictional settings is that the attorney was "leading the witness," or asking leading questions. But it's not immediately obvious what a "leading question" is, and when you take your personal injury case to court, it's important for you to understand what's going on during the trial. What kind of questions is your NJ injury lawyer asking, and why might the defense lawyer try to object to them?

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Topics: New Jersey Personal Injury Law, Evidence

NJ Personal Injury Lawyer Explains Courtroom Sign: "Courtroom Closed"

Posted by Francis M. Smith on Mon, Dec 30, 2013

By Francis M. Smith

One of the chief virtues of the American legal system and one of the surest guarantors of your rights is the public nature of injury trials. When you and your NJ personal injury lawyer take your case to court in order to hold the people responsible for your injury accountable and win the damages that you deserve, the legal proceedings that follow are open to public view. Anyone may come in to observe the case and listen to the arguments – which not only helps keep everyone honest and ensure that your case is heard fairly, but it allows the facts of your case to be known. This is often highly desirable if you were injured due to someone else's negligence or recklessness, so that the defendant's irresponsible actions cannot be concealed or hushed up.

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Topics: NJ Personal Injury Law, Evidence

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