Personal Injury Articles for the Injured of NJ

Negotiations in Personal Injury Cases - What to Expect

Posted by Francis M. Smith on Fri, Aug 04, 2017

By Francis M. Smith

When you begin the process of seeking compensation for injuries resulting from an accident, one of the first things you're likely to hear is that the majority of personal injury cases are resolved through a settlement rather than a court decision. (Some judges tell me it's as high as 98%.) But while popular media has given most people a general idea of what a court case looks like, personal injury negotiations to reach a settlement often remain a bit of a mystery.

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Topics: Forced Arbitration, Settlement Offer, insurance company, negotiated personal injury settlement

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

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

Will My Injured Child have to go to Court?

Posted by Francis M. Smith on Wed, May 04, 2016

By Francis M. Smith

When an accident victim makes a personal injury claim in order to seek compensation for their injuries, the injured victim's testimony is often a critical piece of evidence if the case goes to court. But what happens when an injured child is the injured plaintiff deserving compensation? Many adults get nervous entering a courtroom for the first time, and for a child, the situation can be downright frightening. Moreover, the injured child will be asked to relive the accident that caused their injuries by describing it and answering questions about it, since their testimony's value relies on their personal experience and recollection of the event. Then, the child may face cross-examination by the insurance company's lawyer, who may confuse the child with convoluted sentence structure and legal jargon in order to provoke the child into giving inaccurate responses and make the child seem unreliable as a witness.

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Topics: Injuries to Children, injury compensation, insurance company, negotiated personal injury settlement

Filing a Personal Injury Lawsuit When Your Demands Go Unanswered

Posted by Francis M. Smith on Fri, Mar 04, 2016

By Francis M. Smith

When you seek injury compensation from a party that harmed you, your attorney's efforts will likely to be a demand for settlement- either in a demand letter or made during a telephone conversation between the adjuster and your attorney. This is an important step, as it lays out the strongest arguments in support of your claim and puts forward the opening sally in your negotiation efforts. Generally, an insurance adjuster will contact your attorney after receiving your demand, describing what he or she perceives to be the weaknesses in your case, and negotiations proceed from that point onward. But what happens when you've done everything to cooperate with your attorney, you have followed your doctor's orders, proper documentation has been sent to the insurance carrier, and a demand for resolution has been made – which is then completely ignored by the insurance company? The hardest response to prepare for is no response at all.

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Topics: insurance company, negotiated personal injury settlement, personal injury demand letter

Negotiating a Final Settlement With the Insurance Adjuster

Posted by Francis M. Smith on Wed, Feb 24, 2016

By Francis M. Smith

Reaching a personal injury settlement agreement with an insurance company involves a process of negotiation and at times can bear some similarity to bargaining over the price of a used car or haggling with a street vendor for a vacation souvenir. The dollar amounts are greater and the stakes are much higher in an injury claim, but the basic principles of negotiation can be present in all three cases.

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

Writing Your Personal Injury Demand Letter

Posted by Francis M. Smith on Mon, Feb 22, 2016

By Francis M. Smith

If you are handling your own personal injury claim, just about every effort to seek injury compensation from an insurance company begins the same way: by drafting and sending a demand letter to the insurance company. This letter initiates the settlement negotiation process and sets the tone for your interaction with the insurance company. Your demand letter is also the first impression that the insurance adjuster gets of how much you understand about your rights and how organized and well-prepared you are in dealing with your case. As such, it's important to make sure that your demand letter is composed well, in order to set the best tone for the negotiations going forward.

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

Calculate Your Personal Injury Settlement

Posted by Francis M. Smith on Mon, Feb 01, 2016

 By Francis M. Smith

If you're about to enter into settlement negotiations with an insurance company for a personal injury claim, you will hold a much stronger negotiating position if you understand how the insurance adjuster arrives at his starting offer, and if you can determine in advance what a reasonable compensation figure for your injuries should be. You may have heard about “formulas” used for calculating damages in injury cases, but there's nothing secret or difficult to understand about the math involved. Most insurers use some variant on the same formula, which you can also employ to determine both your own starting figure for negotiations and the minimum offer that you would consider reasonable and adequate to your needs.

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

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

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