Personal Injury Articles for the Injured of NJ

How We Came to Respect Juries in Personal Injury Cases

Posted by Francis M. Smith on Wed, Feb 19, 2014

By Francis M. Smith

A great deal of news coverage following highly publicized court cases have repeatedly seemed to highlight the flaws of relying on a jury to determine the party at fault in a range of different types of cases.

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Topics: New Jersey Personal Injury Law, NJ Personal Injury Lawsuit, NJ Personal Injury Law, Evidence, Trial Procedures

NJ Personal Injury Lawyer Explains: Hypothetical questions

Posted by Francis M. Smith on Fri, Jan 03, 2014

By Francis M. Smith

In a deposition or trial, the attorneys representing both sides of the case ask witnesses a series of questions to establish important facts that the jury will use to render their decision. Though the rules governing what kinds of questions may be asked are less strict in a deposition than in a trial, in both cases there are certain types of questions that are considered off-limits. Generally, questions that require a witness to speculate or to testify about matters they have no firsthand knowledge of are inappropriate – but there is one important exception. If a witness is an expert in a particular field, they can answer hypothetical or speculative questions about their area of expertise. This gives your NJ injury lawyer an opportunity to make vital facts clear for the jury and strengthen your argument against the defense. And experts are always necessary to prove certain elements of a NJ personal injury case.

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Topics: New Jersey Personal Injury Law, Evidence

NJ Personal Injury Lawyer Explains: "Leading Questions"

Posted by Francis M. Smith on Wed, Jan 01, 2014

By Francis M. Smith

It's a standard feature of countless fictional courtroom dramas – a lawyer leaps to his feet and shouts, "Objection!" in response to the opposing counsel's questions. One of the most common objections you hear in these fictional settings is that the attorney was "leading the witness," or asking leading questions. But it's not immediately obvious what a "leading question" is, and when you take your personal injury case to court, it's important for you to understand what's going on during the trial. What kind of questions is your NJ injury lawyer asking, and why might the defense lawyer try to object to them?

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Topics: New Jersey Personal Injury Law, Evidence

NJ Personal Injury Lawyer Cross-Examination Tips and Strategies

Posted by Francis M. Smith on Fri, Dec 27, 2013

By Francis M. Smith

Most people have a general idea of the way a trial unfolds, but when you pursue a personal injury claim after you've been in a car crash or other accident, your case will only go to trial if you cannot reach a satisfactory resolution through the settlement process.

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Topics: Motor Vehicle Accidents, New Jersey Personal Injury Law, Evidence, Trial Procedures

Trial Strategy: Laying a Foundation When Asking a Witness Questions

Posted by Francis M. Smith on Fri, Dec 20, 2013

By Francis M. Smith

When you bring your personal injury case to court, your NJ injury lawyer has two methods available to introduce information in support of your claim to the jury. He can examine witnesses, and he can introduce pieces of physical evidence – including documents and images (and sometimes models). When posing questions to a witness on the stand, it might seem logical to cut straight to the heart of the matter, and open with questions that directly address the substance of your claim. However, this strategy is not as effective as it might initially appear. Without laying a foundation of preliminary questions, the important question that your attorney needs to ask will not have the same impact.

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Topics: New Jersey Personal Injury Law, Trial Procedures

Personal Injury: Determining When a "Dangerous Condition" Exists

Posted by Francis M. Smith on Mon, Jul 15, 2013

By Francis M. Smith

If you have suffered an injury due to a fall or other accident on a property owned or maintained by another party, you may think it is reasonable to seek just compensation for the medical bills, lost wages, or other expenses that the injury has caused you. However, sustaining an injury on property belonging to another person or organization is not a guarantee that you will have a successful case. Premises liability in personal injury cases is determined by the presence of three elements in the case, without which your claim may fail.

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Topics: Dangerous Condition, New Jersey Personal Injury Law, Dangerous Premises, Premises Liabiiity, Slip and Fall, NJ Personal Injury Law

NJ Court Dismisses Chiropractic Chronic Pain Treatment Reimbursement

Posted by Francis M. Smith on Wed, Jul 10, 2013

By Francis M. Smith

In June 2013, a New Jersey federal District Judge made the decision to dismiss a class action suit over Cigna Corp.'s insurance coverage prohibitions for certain procedures that it deems medically unnecessary or experimental, including "manipulation under anesthesia". In his decision to dismiss the case, U.S. District Judge Stanley R. Chesler referred to a ruling made by a Third Circuit court in a similar case brought against UnitedHealth Group Inc. Though the decision in the Third Circuit case did not establish a legal precedent, Judge Chesler determined that its conclusions were a "persuasive authority" with regard to the Cigna case.

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Topics: Injuries, New Jersey Personal Injury Law, Knee Injury, NJ Personal Injury Law

NJ’s New Personal Injury Protection Regulations Manage Medical Access to Reduce Auto Insurance Costs and Boost Profitability

Posted by Francis M. Smith on Mon, Jul 08, 2013

By Francis M. Smith

Managed health care has had tremendous backlash by both by consumers and providers in its effort to stem health care costs. When the NJ Department of Banking and Insurance published reimbursement rates for treatment of injuries resulting from automobile accidents, it raised similar concerns regarding the State of NJ’s intrusion into the practice of medicine.

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Topics: NJ Auto Insurance, NJ Car Insurance, New Jersey Personal Injury Law, NJ Personal Injury Law

Top Three Requirements for Proving Fault in Premises Liability Cases

Posted by Francis M. Smith on Wed, Jul 03, 2013

By Francis M. Smith
 
If you've suffered an injury due to negligence on property maintained by someone else, you want to make sure that your medical bills are paid for and get on with the business of recovering from your injuries. Unfortunately, for those who have fallen victim to such injuries, the claim of responsibility alone is not enough to prove premises liability in court, and gathering evidence and presenting your case can be a lengthy and involved process. After the injury itself, there is little more disheartening to the victim of a negligence-related injury than failing to win damages because of an inability to prove liability. An experienced personal injury attorney can help you avoid that outcome by understanding exactly what is needed to prove liability in court and how to assemble the evidence you need.

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Topics: Injuries, New Jersey Personal Injury Law, Slip and Fall, NJ Personal Injury Law

When does it make sense to settle a personal injury case?

Posted by Francis M. Smith on Mon, Jul 01, 2013

By Francis M. Smith
 
When you've been injured as a result of another party's actions or negligence and decide to pursue a personal injury claim, your case can be resolved in one of two ways:

  1. By settling out of court with the defendant, or
  2. By pursuing the case in court and going through a trial

The vast majority of personal injury cases – more

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Topics: New Jersey Personal Injury Law, NJ Personal Injury Case, NJ Personal Injury Law

Consumers and Employees: Beware of Forced Arbitration Contracts

Posted by Francis M. Smith on Mon, May 06, 2013

By Francis M. Smith
 
There are numerous laws and government regulations on the books to protect consumers and employees from injury or harm caused by corporations. Your employer cannot discriminate against you for belonging to a federally-protected class, or take punitive action against you for taking various types of leave to which you are legally entitled (like family medical leave), or for blowing the whistle on your employer's illegal activities. If you use a company's product or service, they can be held legally liable for defective products, scams, or negligent behavior resulting in injury. However, these protections can only help you if you are able to bring your case before a court of law to be heard by a jury of your peers, as stated in the Constitution. Many corporations have found a way to escape the consequences of their actions and deprive their customers and employees of their rights through a loophole created through forced arbitration.

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Topics: Injuries, New Jersey Personal Injury Law, Evidence, Forced Arbitration

Tracking Information in Serious Injury Cases

Posted by Francis M. Smith on Fri, May 03, 2013

By Francis M. Smith
 
Being involved in any kind of accident is traumatic. The more serious your injuries, the more important it is for you to keep track of what is happening. While you may think once you have received medical attention and called an attorney, your work is done, this is simply not correct. It is important to document several things that will help your attorney successfully prepare your case.

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Topics: Injuries, New Jersey Personal Injury Law, NJ Personal Injury Lawsuit, NJ Personal Injury Cases

Serious Injuries: Protecting Your Children from Attractive Nuisance

Posted by Francis M. Smith on Wed, May 01, 2013

By Francis M. Smith
 
Children get hurt. As parents, we come to expect scraped knees and stubbed toes. Kids are curious. They love to explore holes, climb trees, and linger too long near the deep end of the swimming pool. So many arenas where adults see danger, children see only adventure. Protecting our children from serious injury, or worse, while all the world appears to be their playground is one of the most important and difficult jobs facing a parent. It is also a job made tougher by the approach of warm weather and the attractive nuisance.

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Topics: Injuries, New Jersey Personal Injury Law, Injuries to Children

Don't Let Tweets or Facebook Posts Hurt Your Injury Case

Posted by Francis M. Smith on Wed, Apr 17, 2013

By Francis M. Smith
 
After a car accident, a number of things may be going through your mind: reassuring your friends and family, how you're going to get around until your car is repaired, and of course, the pain of your injuries. You're probably not thinking about watching what you say for fear of jeopardizing your injury lawsuit against the party at fault for the accident. But this is an issue that has cost many automobile injury plaintiffs thousands of dollars in damages, especially in recent years with the rise of mobile technology and social media sites. The law governing discovery of social media sites is evolving in New Jersey like in other jurisdictions, but I have to assume the worst - that some misguided judge will order you to turn over your log-in information and passwords. That will allow a defense attorney trying to discredit you full access to your social media posts - what you have posted and what your friends have posted - and that may paint a picture you never meant to be seen in public. 

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Topics: Motor Vehicle Accidents, Motorcycle Accident, New Jersey Personal Injury Law, NJ Personal Injury Lawsuit, NJ Personal Injury Law, Evidence

Do you have a Slip and Fall Injury Case?

Posted by Francis M. Smith on Mon, Apr 15, 2013

By Francis M. Smith
 
Around every corner is a new danger. One can never know what is coming their way. There is a commercial on television that is filmed in the main characters dining room. Several people are explaining all the bad luck that is going to happen to this person throughout the day. If our mornings started out like that then we would all be a lot better off, but that just isn't the case.

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Topics: Injuries, New Jersey Personal Injury Law, Dangerous Premises, Slip and Fall, NJ Personal Injury Cases

New Rulings on NJ Dog Bite Liability Favors Injured Pet Sitters

Posted by Francis M. Smith on Tue, Jan 29, 2013

By Francis M. Smith
 
A recent New Jersey Appellate Court ruling has shed further light on dog bite liability in our state.  This is a decision important to dog owners and the general public alike.  Before we examine it in detail, some general comments are in order. 

Dog owners are fiercely loyal to their canine companions.  Unfortunately, some dogs are fiercely loyal to the point of being dangerously aggressive as well, or perhaps only, as the saying goes, one "man's best friend."  This can lead to serious, if not tragic, results.  Over 4.7 million dog bites are recorded in the United States every year.  The number is probably considerably higher due to the number of unreported dog bite incidents.

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Topics: New Jersey Personal Injury Law, Dog Bites, NJ Personal Injury Cases

Seriously Injured Recommends NJ Personal Injury Attorney Frank Smith

Posted by Frank Smith on Fri, Jan 04, 2013

The following is a transcript created for Frank Smith's video from his series on NJ Personal Injury Law, available on YouTube at: Francis M. Smith, NJ Personal Attorney – Risk Free

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Topics: NJ Personal Injury Attorney, Personal Injury, Permanent Injury, New Jersey Personal Injury Law, NJ Personal Injury Lawsuit, NJ Personal Injury Case, NJ Personal Injury Cases, NJ Personal Injury Law, NJ Personal Attorney

Stair-Injured Client Praises NJ Personal Injury Lawyer Frank Smith

Posted by Francis M. Smith on Sat, Dec 29, 2012

By Francis M. Smith
 
The following is a transcript created for Frank Smith's video from his series on NJ Personal Injury Law, available on YouTube at: Francis M. Smith, NJ Personal Attorney – House Calls

Client Elizabeth Libby: In my case, it was a fall down the steps. My injuries were worse than I imagined – which I didn’t realize until much later. Frank helped me navigate through the legal system, the insurance system, and was just a general support through the whole process.

 

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Topics: NJ Personal Injury Attorney, Personal Injury, New Jersey Personal Injury Law, NJ Personal Injury Lawsuit, NJ Personal Injury Case, New Jersey Personal Injury Attorney, Success Stories, Slip and Fall, NJ Personal Injury Cases, NJ Personal Injury Law, NJ Personal Attorney, Client Recommendations

Brain Injured Client Endorses NJ Personal Injury Attorney Frank Smith

Posted by Frank Smith on Thu, Dec 20, 2012

The following is a transcript created for Frank Smith's video from his series on NJ Personal Injury Law, available on YouTube at: Francis M. Smith, NJ Personal Attorney – Accessibility

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Topics: NJ Personal Injury Attorney, Personal Injury, New Jersey Personal Injury Law, NJ Personal Injury Lawsuit, NJ Personal Injury Case, New Jersey Personal Injury Attorney, Slip and Fall, NJ Personal Injury Cases, NJ Personal Injury Law, NJ Personal Attorney

Injured on Stairs Recommends NJ Personal Injury Attorney Frank Smith

Posted by Frank Smith on Mon, Dec 10, 2012

The following is a transcript created for Frank Smith's video from his series on NJ Personal Injury Law, available on YouTube at: Francis M. Smith, NJ Personal Attorney - Plain English

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Topics: New Jersey Personal Injury Law, New Jersey Personal Injury Attorney, NJ Personal Injury Cases

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