Personal Injury Articles for the Injured of NJ

NJ Speed Deaths on Routes 80 and 287 Increase with 10 mph Speed Limit

Posted by Francis M. Smith on Fri, May 20, 2016

By Francis M. Smith

The behavior of other drivers is one of the more unpredictable elements on the road, and potentially one of the more dangerous. In recent years, legislative and enforcement efforts across the state of New Jersey have successfully taken on several aspects of this threat, resulting in a downward trend in overall traffic deaths. These efforts have included a Graduated Driver License law that placed additional limitations on inexperienced teenage drivers, lowering the blood-alcohol threshold for drunk driving to 0.08, and legislation that penalized the use of hand-held mobile devices while behind the wheel. However, while all these efforts helped to curb the total number of highway deaths in the state, one type of automotive fatality has not experienced the same consistent, downward trend, and during some periods have seen significant upward spikes. The culprit? Speeding.

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Topics: Injuries, Motor Vehicle Accidents, Car Accidents, Speeding

What Does the Doctrine of Parental Immunity Mean?

Posted by Francis M. Smith on Fri, Apr 22, 2016

By Francis M. Smith

When a child is seriously injured in an accident, one of the first things the parents and their attorney try to do is identify who is responsible for the accident that harmed their child. Of course, the insurance company representing the defendants in any resulting injury claim will try to to the same thing -- and often their investigation begins with the parents themselves. It's common for insurance companies to argue that a lack of appropriate parental supervision was a significant contributing factor in causing the accident. In some cases, frequently involving a child with separated or divorced parents, one parent may directly sue the other for injury damages or wrongful death of a child resulting from an accident that took place while the child was in that parent's care. Regardless of who is accusing a parent of negligence in an injury case involving their own child, such arguments have additional challenges due to the legal doctrine of "parental immunity".

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Topics: Injuries, Injuries to Children, parental immunity

Do we Have a Claim for our Child's Injury?

Posted by Francis M. Smith on Fri, Apr 15, 2016

By Francis M. Smith

When a child is seriously injured, obviously the first priority is to seek appropriate medical treatment for the child's injury, but it's then natural to consider whether you have grounds to file an injury claim. This is not, as some critics of litigation would assume, a cynical grab for money, but rather the act of a responsible and loving parent to ensure that their child's injuries receive the best care possible and that the family's financial stability is not damaged by providing that care. After all, it's the child who has the injury claim, and the parents or guardians simply pursue it on the child's behalf. Often any compensation remaining from a child's injury claim after medical bills and other expenses have been paid is placed in trust for the child until they are of age to claim it, providing for a fund for later- sometimes for college, or a down payment for a home.

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Topics: Injuries, Injuries to Children, negligence

Protecting Children from Tragic Drowning Accidents

Posted by Francis M. Smith on Wed, Apr 13, 2016

By Francis M. Smith

It's natural for parents to seek out all reasonable measures to protect their children from dangerous accidents, but that can be difficult when many sources of danger are poorly understood. Swimming accidents are unfortunately both a common and a serious threat to children, but many people don't have an accurate understanding of water dangers and signs of distress. Without the ability to accurately recognize the contributing factors that cause swimming accidents, it's more difficult to protect your children from serious injury.

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Topics: Injuries, Injuries to Children, drowning accidents

When Dogs Bite Children

Posted by Francis M. Smith on Mon, Apr 11, 2016

By Francis M. Smith

There is plenty of truth to the maxim that a dog is “man's best friend,” but like any friendship, the relationship between people and dogs is not one that should be taken for granted – especially when children are involved. Estimates by the Centers for Disease Control and Prevention (CDC) place the number of pet dogs in the United States at around 68 million, and while many of these are well-behaved dogs who will never have an incident of aggressive or dangerous behavior, the same cannot be said of all dogs. More than 1 million dog bite incidents are reported each year, and some estimates suggest that an equal number of incidents take place but are not reported. Alarmingly, about 3 out of 5 of reported dog bite incidents result in injury to a child. Both parents and dog owners benefit from learning about the factors that influence dog bite injuries to children and how to prevent them.

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Topics: Injuries, Dog Bites, Injuries to Children

How Payments from Your Own Medical Insurance or Workers Compensation Affect Your Settlement

Posted by Francis M. Smith on Wed, Mar 23, 2016

By Francis M. Smith

Becoming the victim of a serious accident, in addition to being physically and emotionally traumatic, is often very expensive. You may find yourself racking up substantial medical bills while being unable to work. Fortunately, our society has developed some methods of offsetting some of these expenses – chiefly in the form of health insurance. An employer-provided or private health insurance policy, workers' compensation, Medicaid or Medicare, or a similar source may cover some or all of your medical expenses after a serious injury. When this happens, it's important to understand how this coverage interacts with your efforts to secure injury compensation from the parties responsible for your accident.

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Topics: Injuries, Workplace Accidents, insurance company, settlement compensation

Emotional Distress Damages in a Personal Injury Case

Posted by Francis M. Smith on Mon, Mar 21, 2016

By Francis M. Smith

Becoming the victim of an accident that causes you serious injury often does more damage than an x-ray can reveal; in many cases, harm is suffered by your emotions and psyche as well as by the bones and tissues of your body. Though many people remain skeptical of claims about psychological harm, emotional distress is a genuine type of injury and is just as deserving of compensation as the physical pain and suffering you experience as a result of your accident.

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Topics: Injuries, settlement compensation, pain and suffering, emotional distress

Tragic death of 34 Year Old Single Mother and Model Katie May - Who is Accountable?

Posted by Francis M. Smith on Fri, Mar 11, 2016

By Francis M. Smith

Katie May, successful model and social media sensation, died on February 4th after experiencing a stroke that left her in critical condition. After having to make the painful decision to disconnect life support, Ms. May's family – including her 7-year-old daughter – are left with more questions than answers. What caused Katie's stroke? Could any of the medical professionals she consulted prior to her stroke have prevented her death? Should anyone be held accountable for the events that resulted in her death? What went wrong?

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Topics: Injuries, negligence, neck injury

Who is Responsible for Your Injury?

Posted by Francis M. Smith on Wed, Mar 02, 2016

By Francis M. Smith

When you've been in an accident and are considering a personal injury claim, there are many important issues you need to consider, but perhaps the most critical is the question of fault. If your attorney cannot establish and produce evidence to prove that another person or business is to blame for your accident and resultant injury, then there is no one for you to seek compensation from. It's also important to determine whether multiple parties might bear fault for your injuries, because parties with liability insurance (like most businesses) are more likely to be able to compensate you fairly for your injuries.

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Topics: Injuries, Settlement Offer, injury compensation, insurance company, negligence

Will You Need a Personal Injury Lawyer?

Posted by Francis M. Smith on Mon, Feb 29, 2016

By Francis M. Smith

After any accident in which you were injured because of another person's mistakes, one of the most important questions you need to consider is whether you should hire an attorney. Theoretically it's possible to pursue any injury claim without professional legal representation, but in many cases the help of an experienced personal injury lawyer can mean the difference between receiving the compensation you deserve and walking away with little or nothing for your pain and medical bills. That doesn't mean every injury case necessarily requires an attorney, but the question of whether to seek legal counsel is one that you should seriously consider before proceeding with your claim.

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

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