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

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