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

Rear-end Hit Collisions are Considered Negligence in NJ

Posted by Francis M. Smith on Wed, Jan 30, 2019

By Francis M. Smith

When you are injured in an automotive accident involving another vehicle, your ability to collect fair compensation for your injuries relies on whether you can demonstrate that the other driver caused the accident through negligent behavior. In some cases, proving negligence can be a difficult task, requiring your attorney to collect witness testimony, pore over the statements given by both drivers, or even bring in experts to reconstruct the accident. However, there are certain types of collision in which it is much easier to argue for negligence.

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Topics: Motor Vehicle Accidents, Car Accidents, negligence, settlement compensation

Can a Government Agency be Sued for Injuries to a Child?

Posted by Francis M. Smith on Wed, Apr 27, 2016

By Francis M. Smith

Seeking appropriate compensation for a child's serious injuries stemming from an accident may be critical to ensuring that your child is able to get the medical treatment he or she needs to make as full a recovery as possible. But what happens when the party responsible for your child's injuries is a government body? Many people are uncertain about whether it's even possible to sue a government entity. In fact, it is possible to bring a lawsuit against government actors, but there are unique requirements and restrictions that apply to these suits – which is why it's even more important than usual to hire a personal injury lawyer who is familiar with these regulations and has experience with suing government agencies when your child is injured.

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Topics: Injuries to Children, negligence, NJ Title 59

Who is Responsible and Liable for My Child's Injuries?

Posted by Francis M. Smith on Mon, Apr 25, 2016

By Francis M. Smith

When a child is injured in an accident caused by the negligence of others, filing an injury claim is often the best way to ensure that the child is able to receive all necessary medical treatment, get compensated for all losses such as pain and suffering, and the family's financial stability is not harmed by the associated expenses. If you find yourself in this difficult situation, one of the first things you should ask your personal injury lawyer to help you with is identifying all the parties who may bear some responsibility for your child's accident.

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Topics: Injuries to Children, injury compensation, negligence

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

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

Factors that Affect the Value of Your Personal Injury Settlement

Posted by Francis M. Smith on Fri, Jan 29, 2016

 By Francis M. Smith

When trying to determine how much compensation you should receive as a result of your personal injury claim at the outset of settlement negotiations, referring to the “formula” that insurance companies use to estimate damages, if they use such a formula, is only a starting point. There are many factors that can influence the value of your injury claim, either positively or negatively. Understanding how these elements can impact your case allows you to form a clearer and more accurate estimate of how much compensation you can expect, and may enable you to work with your personal injury attorney to strengthen and make clear the less obvious points of your claim.

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Topics: Injuries, Settlement Offer, injury compensation, negligence, pain and suffering

How a Negotiated Personal Injury Settlement Works

Posted by Francis M. Smith on Wed, Dec 30, 2015

 When you've suffered injuries in an accident caused by the negligence of another party, filing a lawsuit is rarely the first step on the road to seeking injury compensation. Lawsuits are lengthy and expensive processes, and it's generally better for everyone involved if an equitable settlement can be agreed upon outside of court. In fact, most personal injury claims (some say as many as 97%) are resolved through settlement negotiation without ever seeing the inside of a courtroom. Still, sometimes the insurance company refuses to agree to a reasonable settlement, so it's important to maintain a willingness to go to trial in order to seek fair compensation for your injuries. In addition, your negotiation position is much stronger if the insurance adjuster knows you'll take your case to court if he won't offer an adequate settlement.

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Topics: Injuries, injury compensation, negligence, negotiated personal injury settlement

When Family Members Witness Serious Injuries to a Loved One

Posted by Francis M. Smith on Wed, Dec 02, 2015

When a person is severely injured or killed in an accident resulting from negligence, very often it is not only the accident victim who suffers. The loved ones of a person harmed in such an accident endure substantial pain and grief when their family member, spouse, or intimate partner becomes the victim of a serious or fatal accident. Unfortunately, in most cases the pain and distress that the loved ones of an accident victim experience is not considered sufficient grounds for these family members to file their own injury claims; damage awards for emotional distress are generally linked to a physical injury of some kind that the plaintiff suffered.

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

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