Personal Injury Articles for the Injured of NJ

Mediation in Personal Injury Cases

Posted by Francis M. Smith on Mon, Jan 16, 2017

By Francis M. Smith

Most personal injury claims are resolved with the two sides agreeing to a settlement rather than going to court (some say over 97%). Reaching a settlement has distinct benefits for both the injured plaintiff and the insurance company that is liable for the injured person’s damages. For the accident victim, a lawsuit can be expensive, and it may take years before you actually receive the compensation due to you. In the meantime, you have to deal with the stress of a court case and the impacts an ongoing lawsuit has on your everyday life (such as staying off social media to avoid giving the insurance company’s lawyers anything to twist against you). For the insurance company, there is always the risk that a jury will award an injured person substantially more money than that person would be willing to accept in a settlement. But despite the fact that both sides benefit from reaching a settlement agreement, sometimes negotiations become stalled, with that elusive mutually-acceptable middle ground nowhere in sight. When this happens, or in response to an order from the courts prior to bringing your case to trial, you may take your claim to mediation.

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Topics: NJ Personal Injury Cases, Settlement Offer, Mediation, injury compensation, insurance company

Expectations with a Slip and Fall Accident Case

Posted by Francis M. Smith on Fri, May 01, 2015

By Francis M. Smith

Most people who suffer injuries as a result of a slip and fall accident and need to seek compensation for their injuries have had little contact with the legal system – and fulfilling one's jury duty obligation or making out a will with an attorney doesn't prepare a person for the lengthy and stressful process that pursuing a personal injury claim can become. Working with an experienced injury attorney can make the process somewhat less of an ordeal, but it's still important to be prepared for what to expect at each stage.

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Topics: Injuries, Slip and Fall, Mediation, injury compensation

Your Case is Coming Up For Trial-Should You Mediate?

Posted by Francis M. Smith on Fri, Dec 12, 2014

By Francis M. Smith

When you pursue a personal injury case for damages relating to an injury you received as a result of someone else's negligence or recklessness, a lawsuit is actually the final option for recovering those damages, after other avenues fail. Before that point, your attorney works to negotiate an acceptable settlement with the insurance company involved. Going to court is expensive, regardless of the outcome of the case, and incredibly time-consuming. In a personal injury case, it could be years before you actually receive any money, assuming you win. While you might succeed at winning a substantially higher damage award at trial than you would get through settling, juries can be tremendously unpredictable – for the same case, one set of jurors might award the injured person millions of dollars, and another set might decide in favor of the insurance company and give the injured person nothing. You my win every battle in court, and a jury may think they are awarding you full compensation with what you consider a very inconsequential amount. Agreeing to a settlement might get you a bit less money, but it's certainly faster and gives you more control over the outcome of your case.

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Topics: Injuries, Settlement Offer, Mediation

What is Mediation? NJ Personal Injury Attorney Smith Explains

Posted by Francis M. Smith on Wed, Dec 10, 2014

By Francis M. Smith

The majority of personal injury claims do not go to trial. Some studies say that as high as 98% of all cases get settled. In a perfect world, the settlement is an amount of money acceptable to both parties that the insurance company will pay out to compensate you for the injuries you have suffered.

But reaching a settlement isn't easy; the insurance company always wants to pay you as little as they can get away with, or even nothing at all. They have an arsenal of tricks and tactics at their disposal, ready to use to try and get you to accept a lower settlement figure. Meanwhile, you and your attorney are seeking fair recognition of the injuries sustained, and the effects of those injuries in terms of pain, lost wages, medical bills, loss of function  and new limitations on your activities that can be the reality you live in your changed life after a serious injury.  Finding an acceptable middle ground is difficult, particularly when one or both sides uses the threat of taking the case to court to try to pressure the other party into accepting what they perceive to be an unfair settlement offer.

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Topics: Injuries, Settlement Offer, Mediation

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