Personal Injury Articles for the Injured of NJ

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

How are Personal Injury Settlements Reached?

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

A majority of personal injury claims are resolved with a mutually agreed-upon settlement between the parties involved, rather than a courtroom verdict. However, when faced with the legal team employed by an insurance company or powerful corporate defendant, it may not be immediately clear how reasonable personal injury settlements can be reached. Obviously, the first critical component to securing a fair settlement for your injuries is the help of an experienced personal injury lawyer, but it’s important for you to understand the process – or rather, processes – that may be involved in reaching a settlement in your case.

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Topics: Injuries, Settlement Offer, insurance company, negotiated personal injury settlement

The Settlement Offer: What Do I Need to Understand?

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

Anyone who suffers an injury in an accident caused by the negligence of someone else has the right to seek compensation for their damages through a lawsuit, though in practice the great majority of these cases are resolved with a mutually agreed-upon settlement rather than a jury verdict. There are several advantages to reaching a settlement with the insurance company involved in your case, but it’s critical that you understand what’s involved with the settlement offer. Your attorney has extensive experience with personal injury suits, but ultimately he represents your interests and wishes – so you need to be able to make informed decisions about how to resolve your case.

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Topics: Injuries, Settlement Offer, insurance company

Fractures to Lower Leg Caused by Slip on Ice Settles for $290,000

Posted by Francis M. Smith on Sun, Jan 29, 2017

By Francis M. Smith

Frank Smith recently resolved a case in which he represented a gentleman who parked at a commercial parking lot on his way to work. The parking lot owner was aware that patrons would be coming in to the lot, knew that run off from a snowfall several days earlier would melt in the subsequent warmer weather and then freeze overnight, when temperatures went below freezing, and that in the morning, there would be ice on the blacktop where patrons would be walking.

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Topics: Injuries, Success Stories, Slip and Fall

Keeping Joggers, Walkers, Pedestrians Safe

Posted by Francis M. Smith on Wed, Jan 04, 2017

By Francis M. Smith

Winter is beginning in earnest, and reactions to the onslaught of winter weather vary depending on who you ask. Children delight in fluffy snowdrifts and the possibility of school closures, while commuters dread the prospect of slippery roads. Die-hard joggers defy the cold weather for the sake of their morning runs, and some cautious would-be motorists would prefer to walk short distances rather than risk driving in winter conditions. However, for these latter groups, winter holds particular risks for pedestrian auto accidents. It’s easy for joggers and other pedestrians to forget the ways in which this time of year increases the danger of motor vehicle accidents, and some motorists forget that anyone might be walking or jogging in the cold to begin with. For both groups, a reminder of the ways that winter increases the risk of pedestrian traffic accidents might be useful.

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Topics: Injuries, Dangerous Condition, Distracted Driving, Pedestrian Accidents

How Does Pain and Suffering Factor in a Personal Injury Lawsuit?

Posted by Francis M. Smith on Wed, Oct 19, 2016

By Francis M. Smith

A personal injury claim is meant to restore you, as much as is possible, to the life you enjoyed prior to the actions of the negligent party that caused your injury. With some kinds of damages, this restoration is accomplished fairly simply: you seek to be compensated for the cost of your medical expenses, and the wages that your injuries prevented you from earning. But other kinds of harm are a little more tricky to assign a dollar value. At the same time, the pain and suffering that you experience in connection with your injuries are very real forms of damages for which you are entitled to compensation.

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Topics: Injuries, injury compensation, pain and suffering

Loss of Consortium Claims in Personal Injury Cases

Posted by Francis M. Smith on Mon, Oct 17, 2016

By Francis M. Smith

A serious injury often affects those who are close to the accident victim, as well as the injured person him- or herself. The aftermath of such an injury can be particularly hard on the spouse of the injury victim. For many couples, marriage is a partnership; spouses rely on one another for support in all aspects of their lives, from help with household maintenance and child rearing to emotional and intimate companionship. The loss of this aid, support, and company due to one spouse’s injury in an accident is known as loss of consortium, and is a form of harm for which the spouse who was not injured may have the right to seek compensation.

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Topics: Injuries

Common Medical Tests Used to Diagnose the Extent of Your Injuries

Posted by Francis M. Smith on Wed, Oct 12, 2016

By Francis M. Smith

After any serious injury, one of the most important first steps your doctors will take is to order diagnostic tests to evaluate the nature and extent of your injuries. These diagnostic tests are also highly useful as proof when you were injured in an accident caused by someone else and seek damages for your injuries. The results of these diagnostic scans and medical tests can be used as evidence during settlement negotiations or at trial to prove how severe your injuries were and how necessary the medical treatment you received was. This can help ensure that you are compensated fairly for the harm that you suffered as a result of your accident.

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Topics: Injuries, settlement compensation, negotiated personal injury settlement, Medical Tests

Drowsy Drivers are a Hazard to Roads

Posted by Francis M. Smith on Wed, Aug 31, 2016

By Francis M. Smith

Thanks to efforts by transportation safety organizations and law enforcement, the public has become much more aware of the risks involved in engaging in certain behaviors while driving. For decades, public awareness and enforcement campaigns have been working to reduce the rate of drunk driving, with much success. Similar efforts have been implemented in recent years to pursue similar results in curbing distracted driving, which has dramatically risen as a roadway danger with the rise in smartphone ownership. However, there is another condition that can be as dangerous as intoxication or distraction when behind the wheel, and it has received much less public attention. Much like drunk or distracted driving, drowsy driving can kill.

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Topics: Injuries, New Jersey Personal Injury Attorney, drowsy driving

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