Personal Injury Articles for the Injured of NJ

Drowsy Drivers are a Hazard to Roads

Posted by Francis M. Smith on Wed, Aug 31, 2016

By Francis M. Smith

Thanks to efforts by transportation safety organizations and law enforcement, the public has become much more aware of the risks involved in engaging in certain behaviors while driving. For decades, public awareness and enforcement campaigns have been working to reduce the rate of drunk driving, with much success. Similar efforts have been implemented in recent years to pursue similar results in curbing distracted driving, which has dramatically risen as a roadway danger with the rise in smartphone ownership. However, there is another condition that can be as dangerous as intoxication or distraction when behind the wheel, and it has received much less public attention. Much like drunk or distracted driving, drowsy driving can kill.

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Topics: Injuries, New Jersey Personal Injury Attorney, drowsy driving

NJ Personal Injury Attorney Gives Back to the Community

Posted by Francis M. Smith on Fri, May 13, 2016

By Francis M. Smith

In our fast-paced, technologically-focused society, we don't always have the same sort of connection to our neighbors as we might have in decades past. With that conceptual distance between us and the people around us, it's all the more important to remember that being part of a community is more than just about where you live – it's what you do. Finding ways to contribute to our community through volunteering not only benefits the people around us, it also helps us become more invested in our local corner of the world. Even though I've practiced law in the area of personal injury for over 35 years, I try to help my community of Westfield in a whole different way. For many years I have volunteered my time to serve on the Westfield Town Planning Board, and before that, the Zoning Board of Adjustment and the Mayor's Land Use Task Force.

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Topics: NJ Personal Injury Attorney, Featured Charity, New Jersey Personal Injury Attorney

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 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

Gay Slurs Have No Place in Personal Injury Cases

Posted by Francis M. Smith on Mon, Sep 29, 2014

By Francis M. Smith

In many personal injury cases, the stakes are high – not only can large sums of an insurance company's money on the line, but that money represents the ability of a client to pay their medical bills, and recover lost wages without drowning in debt. The plaintiff needs to argue that the defendant was reckless or negligent, and the defense often responds by accusing the plaintiff of exaggerating their injuries or being negligent in a way that contributed to their own accident. But even with so much on the line and accusations flying, professional courtesy (some say civility) must remain the order of the day during events like depositions, at the settlement negotiation table, and in the courtroom. Treating the opposition with civility is not only a necessary element of respectful and professional behavior in personal injury cases, but it is more likely to coax a more favorable settlement out of the opposition. (To me, this comes under my Mom's old adage that you catch more flies with honey than with vinegar.)

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Topics: New Jersey Personal Injury Attorney

Did You Know? Some Bicycle Accident Injuries are Covered by Your Car Insurance in NJ

Posted by Francis M. Smith on Wed, May 28, 2014

By Francis M. Smith

As thousands of New Jersey cyclists realize, a bicycle is an excellent way to get around, whether you bike recreationally or as part of your daily commute. Riding a bicycle can save you money in this age of high gas prices, it reduces your carbon footprint, and it helps you maintain a healthy lifestyle. Still, as with any form of transportation, accidents happen – and it's important to understand how things work if you're a cyclist who is struck by a motor vehicle. When bikes and cars collide, serious bicycle injuries often result, and who pays those medical bills? It's not who you probably think.

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Topics: Automobile Insurance, New Jersey Personal Injury Attorney, Bicycle Accidents, Bicycle Safety

NJ Accident Lawyer Warns of High Risk of Texting While Driving

Posted by Francis M. Smith on Mon, May 05, 2014

What could be so important that it would cause you to take your hands away from the steering wheel and make you look away from the road while you're driving? For more than one-fifth of motorists, the answer is text messaging. It's one of the more dangerous forms of distracted driving, maybe the most dangerous,  but also surprisingly persistent even among drivers who claim to understand the risks. As a NJ personal injury lawyer representing injured drivers, bicyclists, pedestrians, and motorcycle drivers every day, I see far too many cases of serious, preventable injury caused by texting while driving.

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

NJ Slip and Fall Attorney Discusses Life Changing Injuries

Posted by Francis M. Smith on Mon, Apr 14, 2014

By Francis M. Smith

Although "slip and fall" and "trip and fall" injuries are mistakenly associated with older individuals over the age of 65, individuals of all ages are capable of experiencing slip or trip and fall events. A fall injury can happen at any time- at home or in public- and such events can at times result in severe injury. The Centers for Disease Control has identified slip and fall injuries as the most common cause of injury to individuals over the age of 65, and spinal cord injuries- possibly the most serious of all possible resulting injuries- caused by slip and fall events have been on the rise in recent years among the elderly according to the Journal of Neurotrama.

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

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