Personal Injury Articles for the Injured of NJ

Personal Injury Torts and Defenses

Posted by Francis M. Smith on Mon, Feb 18, 2019

By Francis M. Smith

Navigating the legal process of seeking compensation after someone else has caused you an injury can often be confusing to an injury victim without a legal background, in part because the jargon used in the legal world is unfamiliar and often archaic. This is not out of any deliberate intent to confuse the layperson, but rather because specific words and phrases carry particular meaning under the law, while words with a similar conventional definition aren’t charged with the same legal force. An important example of legal jargon that you will encounter frequently in your pursuit of injury compensation is the term “tort.”

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Topics: injury compensation, negligence, tort law, tort lawyer

New Jersey Reports on Injuries from Crashes from 2017

Posted by Francis M. Smith on Mon, Feb 04, 2019

By Francis M. Smith

No motorist who is struck by another vehicle is likely to consider him- or herself “lucky” regarding any part of the incident. The fear and trauma resulting from the collision itself, the headaches of dealing with damage to the vehicle, and the pain and life disruption resulting from any injuries sustained are categorically awful experiences. The idea that “it could have been worse” is small comfort to anyone who has suffered an injury in a motor vehicle accident, but statistical trends are important to examine on a larger scale for what they can teach us about making roads safer in the future.

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Topics: Motor Vehicle Accidents, Bicycle Accidents, Pedestrian Accidents, injury compensation

Train Accidents

Posted by Francis M. Smith on Mon, Dec 03, 2018

By Francis M. Smith

Whether they serve as part of our daily commute or offer an affordable alternative for longer-distance travel, trains form an important part of the lives of many New Jersey residents. For some, the choice to rely on public transportation including trains is informed by the disturbing upward trend in automotive accidents, with many perceiving trains to be a safer alternative to highways packed with smartphone-wielding drivers. However, no mode of transportation is perfectly safe, and trains are no exception. Negligence or overwork can result in operator error, and inadequate maintenance and mechanical wear may lead to equipment failure, either of which has the potential to cause an accident. Due to the high speeds and massive size of trains, a derailment or collision of any kind has the potential to inflict catastrophic injuries on passengers and others nearby (such as travelers waiting on the train platform). Those who suffer such injuries may require extensive treatment and long periods of healing to recover, and even then may be left with lasting injuries. This makes it all the more important that anyone injured in a train accident be able to obtain the compensation they deserve for their injuries.

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Topics: NJ Personal Injury Attorney, injury compensation, train accidents

Insurance Tactics to Reduce Claims for Pedestrian and Bicycle Accident Cases

Posted by Francis M. Smith on Mon, Oct 15, 2018

By Francis M. Smith

Insurance companies employ highly trained professionals known as claims adjusters to handle personal injury cases caused by the negligence of their policy holders. When a pedestrian or cyclist like you is struck by a vehicle, a claims adjuster for the driver’s insurance company springs into action as soon as the accident is reported. Regardless of what the claims adjuster may say to you, he has one goal in mind, the purpose for which the insurance company hired him: to ensure that his employer has to pay you as little money as he can manage, or none at all. To that end, insurance adjusters have a large playbook of tactics at their disposal, but a few tricks are particularly common – simply because they overwhelmingly tend to work against injured claimants who lack experience in dealing with insurance companies and injury lawsuits. By learning how to recognize these deceptive tactics and knowing how to respond, you can protect yourself from being unfairly denied the opportunity to receive the fair compensation you deserve.

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Topics: Bicycle Accidents, Pedestrian Accidents, injury compensation, insurance company, insurance adjuster

Boating and Jet Ski Accidents

Posted by Francis M. Smith on Fri, Oct 12, 2018

By Francis M. Smith

For New Jersey residents, taking to the water is a popular way to beat the late-summer heat, either at the beach or at one of the state’s numerous bodies of fresh water. The warm weather is an excellent opportunity to enjoy boating or the use of personal watercraft, but the popularity of boating brings its own dangers along. Car accidents remain the largest source of transportation-related injuries and fatalities in the U.S., but recreational boating accidents easily take up second place, with more than 4,158 accidents that caused 2,613 injuries and 626 deaths, as reported by the U.S. Coast Guard for 2015, an increase in fatalities over the year prior.

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Topics: NJ Personal Injury Case, injury compensation, boating accidents, jet ski accidents

When a Child is Injured in a School Bus Accident in NJ

Posted by Francis M. Smith on Fri, Sep 14, 2018

By Francis M. Smith

It’s a nightmare scenario for parents of school-age children: your child is riding a school bus when the bus gets into an auto accident. Families all across New Jersey rely on school buses to transport their children to and from school, and even children who don’t regularly ride the bus will most likely climb on board a few times a year for class field trips. One such accident took place in May of this year, when a bus taking fifth-graders on a field trip collided with a dump truck. The resulting crash claimed the lives of one student and a teacher, and injured 43 others.

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Topics: injury compensation, federal tort claims act, tort law, school bus accident

Do You Really Need to Tell Your Lawyer Everything About Your Case?

Posted by Francis M. Smith on Fri, Apr 27, 2018

By Francis M. Smith

After an accident, the process of initiating your personal injury case can be a nerve-wracking experience, especially if you’ve never needed to hire a lawyer before. You may find yourself concerned about what to say, how much to share, especially if there’s anything about your case or circumstances or past that you feel may be embarrassing or damaging. If you feel tempted to hold back certain details from your attorney because you don’t want them being brought up in your case, it’s vital for you to fight that urge. Your lawyer isn’t there to judge you, but rather to help you. He can only do that effectively if he knows the whole story, and can prepare for any snags that may result from the reveal of uncomfortable or damaging facts.

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Topics: NJ Personal Injury Case, New Jersey Personal Injury Attorney, injury compensation

Hit By A Truck: What Are The Damages In Your Case?

Posted by Francis M. Smith on Mon, Apr 09, 2018

By Francis M. Smith

When you pursue a truck accident case after a serious crash, you should be seeking more than simply the costs of your medical bills and the repairs to your car. The purpose of a personal injury suit is to restore you fully to your pre-accident state of being, as far as it is possible to do so. This means that any sort of harm you have suffered as a result of your accident should be compensated in some manner, even if it’s difficult to assign a dollar value to some of the ways your life has been impacted by your injuries.

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Topics: Motor Vehicle Accidents, Truck Accidents, injury compensation

How are Truck Accident Injuries’ Medical Bills Paid?

Posted by Francis M. Smith on Fri, Mar 30, 2018

By Francis M. Smith

While the intent of pursuing an injury claim against the parties responsible for your commercial truck accident is, in part, to be compensated for the costs of the medical treatment you received for your accident injuries, rarely does the insurance company representing the other driver actually pay your medical bills directly. In fact, if the insurance adjuster offers to do so, it’s likely that he is simply trying to appease you in order to resolve your claim quickly – and for much less money than you actually deserve for your injuries. In most cases, your medical costs will need to be paid by another means initially, which will then be reimbursed out of your eventual settlement or court-ordered damages.

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Topics: Motor Vehicle Accidents, Truck Accidents, injury compensation

Using Uber or Lyft? Do you know who pays for the riders’ injuries in car accidents?

Posted by Francis M. Smith on Fri, Mar 02, 2018

By Francis M. Smith

Ride-sharing services occupy a strange sort of middle ground with respect to liability. It’s very clear who pays for your injuries if you’re hurt in an accident while riding in a taxi owned by a cab company and driven by one of its employees. It’s also clear who pays for your injuries if you’re in an accident while your friend is giving you a ride as a favor, even if you chip in for gas. But ride-sharing companies like Uber and Lyft have traditionally been viewed as neither fish nor fowl under the law, leaving customers uncertain where to turn in the event of an accident. Lyft and Uber drivers are independent contractors, not employees of the companies that provide the ride-sharing apps. However, these drivers’ insurance companies have balked at the prospect of paying commercial taxi-like claims in exchange for personal-vehicle premiums. Thanks to a law passed in late 2016, New Jersey residents now have a bit more clarity on the subject.

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Topics: Motor Vehicle Accidents, injury compensation, insurance company, liability insurance

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