Personal Injury Articles for the Injured of NJ

Negotiations in Personal Injury Cases - What to Expect

Posted by Francis M. Smith on Fri, Aug 04, 2017

By Francis M. Smith

When you begin the process of seeking compensation for injuries resulting from an accident, one of the first things you're likely to hear is that the majority of personal injury cases are resolved through a settlement rather than a court decision. (Some judges tell me it's as high as 98%.) But while popular media has given most people a general idea of what a court case looks like, personal injury negotiations to reach a settlement often remain a bit of a mystery.

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Topics: Forced Arbitration, Settlement Offer, insurance company, negotiated personal injury settlement

Arbitration in Personal Injury Cases

Posted by Francis M. Smith on Wed, Jan 11, 2017

By Francis M. Smith

When you are making a personal injury claim, most lawyers will rightly tell you that the process begins with investigation of the accident by your attorney and the insurance company. After both sides have had the opportunity to gain a clear understanding of the incident and assemble the evidence they require to support their claims, the next step is settlement negotiation, in which both sides try to persuade the other to agree to a settlement value closer to their own ideal figure. If the two parties cannot reach a mutually satisfactory agreement, the case goes to trial. In broad strokes, this is an accurate picture of the personal injury claim process, but there are alternatives to several of the steps that can be added to or substituted for these stages. Generally, these alternatives may involve hiring a legal professional to serve as a disinterested third party in pursuit of resolving the claim.

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Topics: Personal Injury, Forced Arbitration, court mandated arbitration, insurance company

Beware of Forced Arbitration Clauses in Nursing Home Agreements

Posted by Francis M. Smith on Mon, May 27, 2013

When one of your loved ones enters a nursing home, you hope that they will receive the same sort of competent and compassionate treatment they would receive from their own family, with the medical expertise and around-the-clock care that you cannot offer them yourself. Unfortunately for many residents and their families, many nursing homes fall far short of those expectations. As the Baby Boom generation reaches an age when more of its members need the sort of services that nursing homes offer, running these facilities has become a profitable business. And like so many businesses dominated by a profit motive, guaranteeing a high quality of care falls far below protecting many nursing homes' bottom line – which they protect with forced arbitration clauses.

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Topics: Nursing Home Neglect, Forced Arbitration

Consumers and Employees: Beware of Forced Arbitration Contracts

Posted by Francis M. Smith on Mon, May 06, 2013

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.

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Topics: Injuries, New Jersey Personal Injury Law, Evidence, Forced Arbitration

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