Personal Injury Articles for the Injured of NJ

What is Causation in a Car Accident Injury Case?

Posted by Francis M. Smith on Fri, Nov 14, 2014

By Francis M. Smith

When you suffer injuries in a car accident and seek to pursue an injury claim against the insurance company of the driver responsible, there are three things your attorney must be able to prove. The first thing (as you might expect) is that the other driver was at fault for the accident – and a lot of injury cases spend a great deal of time on this point, arguing over the timing of the traffic light and the details of right-of-way laws. The second thing you must prove is that you were injured; this point might seem fairly obvious, but insurance companies often hire so-called “independent” medical consultants to evaluate accident victims with an eye to claiming that the victim wasn't hurt as badly as they say, if at all.

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Topics: Motor Vehicle Accidents, Car Accidents, New Jersey Personal Injury Attorney, New Jersey Personal Injury

What is Causation in a Slip and Fall Injury Case?

Posted by Francis M. Smith on Wed, Nov 12, 2014

By Francis M. Smith

Slip and fall accidents are a common source of injury resulting in the need to pursue legal action to recover damages, and as the seasons turn and the weather gets colder, the risk of this kind of accident increases. Wet leaves and icy sidewalks create slick, dangerous surfaces without traction that make a fall more likely. Inside stores and other businesses, rain and snow tracked in by patrons can accumulate in entrances to create slippery puddles, and the thaw and freeze cycle may tear uneven cracks in the pavement outside. Businesses and property owners know (or should know) about these totally foreseeable seasonal hazards and have a responsibility to maintain their property in such a way as to protect visitors from the danger of a fall. Frequently if a person does have a slip and fall accident that results in injury, it's due to some oversight or neglect on the property owner's part. But when a case gets to court, the process isn't as simple as pointing to the hazard and showing that the property owner failed in their duty of care. Many slip and fall cases are successful or fail on the question of causation.

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Topics: NJ Personal Injury Attorney, Slip and Fall, New Jersey Personal Injury

What Happens After Deposition in a Motor Vehicle Accident Case in NJ

Posted by Francis M. Smith on Fri, Nov 07, 2014

By Francis M. Smith

Pursuing an injury claim into the courtroom may be the only way to receive just compensation for your motor vehicle accident injuries, if the insurance company refuses to agree to compensate you fairly with a reasonable settlement. Still, the legal process of bringing your case to court can often feel confusing and intimidating for an injured person. For all the excitement of television courtroom dramas, TV doesn't really offer a clear idea of what goes on during the various stages of a personal injury case. (Of course, a TV show has to get the trial completed in half an hour.) For the most specific picture of what you can expect from your case, don't be afraid to ask your attorney any questions you might have, as he will be familiar with the details of your particular situation. However, for a general sense of how a motor vehicle injury case will proceed, let's follow the fictional case of Sarah Brown, whose car was struck on the passenger side by a pickup truck in the middle of an intersection.

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Topics: Motor Vehicle Accidents, New Jersey Personal Injury Attorney, New Jersey Personal Injury

What Happens After Deposition in a Slip and Fall Accident Case in NJ

Posted by Francis M. Smith on Wed, Nov 05, 2014

By Francis M. Smith

Though your attorney will do everything possible to make the process as simple and easy to understand as possible, dealing with a personal injury claim after you've been hurt in a slip and fall accident can be complicated and sometimes stressful. In a perfect world, the insurance company involved would offer reasonable compensation that would cover the costs of your injuries straight away, but insurance companies make their money by paying out as little as they can, so it's possible that your case might go to trial. Despite the popularity of courtroom dramas, most people don't have the opportunity to learn what really goes on in a civil court case such as a personal injury suit – until they themselves are injured. It can be much easier to deal with the stresses of the process if you know what to expect going in.

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Topics: New Jersey Personal Injury Attorney, Slip and Fall, New Jersey Personal Injury

What are Affirmative Defenses in a NJ Personal Injury Case?

Posted by Francis M. Smith on Fri, Oct 31, 2014

By Francis M. Smith

When you file a lawsuit to recover damages following a personal injury, the defense has many legal tools in its arsenal to bring against your case in an effort to reduce or eliminate their liability for your injuries, even if it cannot dispute the facts of your claim as such. It's important to be familiar with these defense options if your personal injury case might go to trial, so that you and your attorney can prepare to respond to these arguments accordingly.

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Topics: New Jersey Personal Injury Attorney, New Jersey Personal Injury

Head Injuries in Young Adults May Trigger Violent Behavior

Posted by Francis M. Smith on Wed, Apr 16, 2014

By Francis M. Smith

Medical science has made great strides in understanding how the human brain works, develops, and responds to injury. Much of the functioning of the organ that shapes our thoughts, emotions, and personality remains unknown territory, but the scientific community continues to research the brain and expand our understanding of it. Learning the consequences of injuries to the brain is particularly important, because every year as many as 1.7 million Americans experience a traumatic brain injury (or TBI) as a result of blows, bumps, or jolts, according to the U.S. Centers for Disease Control and Prevention. Many of these injuries are suffered in motor vehicle accidents and in falls. Pedestrians and bicyclists are at particular risk to head and brain injuries when involved in accidents with motor vehicles.

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Topics: Car Accidents, Brain Injury, Injuries to Children, New Jersey Personal Injury, Bicycle Accidents

Car Insurers Strategy to Increase Profits: Blame Victims with Soft-Tissue Injuries

Posted by Francis M. Smith on Fri, Apr 11, 2014

By Francis M. Smith

Insurance companies design their slogans, ads, and other promotional materials to give you the impression that they are trustworthy, dependable, and ready to help you when trouble strikes. Unfortunately, as many people who have faced auto insurance company representatives across the negotiating table in the aftermath of a car accident have learned, that caring and reliable facade is nothing more than a marketing ploy. The reality is that insurance companies are primarily profit-making enterprises, and most of them care much more about their own bottom line than about the financial struggles you may face when dealing with lost wages and medical bills from a soft-tissue injury after a car accident.

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Topics: Motor Vehicle Accidents, Automobile Insurance, NJ Auto Insurance, NJ Car Insurance, New Jersey motor vehicle accident attorney, New Jersey Personal Injury, Settlement Offer

More Traumatic Brain Injuries Reported from Winter Sports

Posted by Francis M. Smith on Wed, Feb 26, 2014

By Francis M. Smith

For many individuals and families, winter sports are one of the most enjoyable experiences that can be shared.  Skiing, hockey and snowboarding are great ways to be outdoors and gain lots of excellent vigorous exercise.  Yet, in far too many cases there are those who do not take the necessary precautions required in order to prevent injury - specifically, traumatic brain injury (TBI). 

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Topics: Brain Injury, Injuries to Children, New Jersey Personal Injury, Sports Injuries

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