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 Does Lost Income and Loss of Earning Capacity Impact My Personal Injury Case?

Posted by Francis M. Smith on Fri, Oct 21, 2016

By Francis M. Smith

When you suffer an injury as a result of the careless or negligent actions of another, you are entitled to file a personal injury claim to seek compensation for the costs associated with your injuries (as well as non-economic damages like pain and suffering and the loss of enjoyment of life). This is not limited to the sum of your medical bills; the purpose of an injury claim is to make you “whole,” to restore you (to the degree that it is possible) to the life you enjoyed before you were injured. A serious injury may take you out of work for a period of time, or even prevent you from returning to your former career. This damage to your livelihood is part of the harm you suffered from your accident, and as such, you are entitled to seek appropriate compensation for it. An experienced personal injury attorney knows how to prove these losses.

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Topics: NJ Personal Injury Case, injury compensation, lost income, loss of earning capacity

The Wrongful Death of a Child

Posted by Francis M. Smith on Mon, Jun 06, 2016

By Francis M. Smith

At times in my practice as a personal injury attorney, parents come to me for help after the unthinkable has happened – unthinkable, because what loving parent doesn't flinch away from contemplating the loss of their child in an accident? No amount of money can ever make up for the wrongful death of a child or erase their parents' grief. However, New Jersey law acknowledges the financial burdens imposed on a family by a fatal accident, and the liability borne by the negligent parties who contributed to the child's death. New Jersey's Wrongful Death Act provides an avenue for bereaved parents to seek compensation for these burdens from those responsible for their child's death.

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Topics: Wrongful Death, Injuries to Children, lost income

How Does The Insurance Company Determine Pain and Suffering Damages?

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

  By Francis M. Smith

When you seek compensation for injuries resulting from an accident that someone else caused, you are asking to be reimbursed for the cost of your medical treatment and the lost earnings resulting from your injuries – but these tangible, economic losses are not the only way that you were harmed as a result of your accident. The experience of enduring the pain of your injuries didn't necessarily cost you any money, but it does constitute real harm for which you are entitled to compensation. Similarly, serious accidents and painful injuries often have ripple effects on a patient's emotional state, from anxiety and sleeplessness to depression and grief. All of these kinds of physical, emotional, and psychological harm generally fall under the category of “pain and suffering” damages.

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Topics: Injuries, injury compensation, settlement compensation, lost income, pain and suffering

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