Personal Injury Articles for the Injured of NJ

Can a Smartphone, Sports Band, or Smart Watch Impact Your Personal Injury Case?

Posted by Francis M. Smith on Wed, Oct 25, 2017

By Francis M. Smith

As mobile technology continues to make great strides forward with every passing year, we've become more and more accustomed to having ready access to an enormous wealth of information about the world in general and matters relevant to our everyday lives. But at the same time, our technology has become an equally copious repository of information about us. The reason you can so easily pull up a listing of the best pizza places in your neighborhood is because your smartphone has a GPS tracker that monitors your location moment by moment. Ready access to social media and instant messaging while on the go is likewise a double-edged sword, because your device keeps records of the conversations you participate in and the photos or statuses you post. When you and your attorney are working to assemble your personal injury case after an accident, it's easy to forget the trail of virtual "breadcrumbs" your wearables and mobile devices may leave behind -- but the legal teams working for the insurance company will be quick to sniff out any trace of information that could be damaging to your claim.

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Topics: Motor Vehicle Accidents, NJ Personal Injury Case, social media

How You Can Help Your Lawyer Build Your Case

Posted by Francis M. Smith on Fri, Jul 14, 2017

By Francis M. Smith

When you hire an attorney to help you with your personal injury claim, he will be able to take from you the majority of the burden of dealing with the insurance company and assembling the evidence for your case. However, there are a few important ways that you can help your attorney build your case to be as strong and persuasive as possible. Some of them should be done as soon after your accident as you can manage, but others happen over time as you work with your doctors to recover from your injuries. By taking these few simple steps, you will enable your lawyer to build a powerful case that will help you obtain the fair compensation you deserve for your injuries.

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Topics: NJ Personal Injury Attorney, NJ Personal Injury Case, settlement compensation

Driverless Cars: Who Will Be Responsible For a Crash? The Driver? The Manufacturer?

Posted by Francis M. Smith on Fri, Mar 03, 2017

By Francis M. Smith

Decades ago, one of the most iconic notions of the future was the idea of flying cars. Today, cars may not be about to take flight, but they may be about to take control of themselves as advances in automation and robotics bring us closer to the reality of self-driving cars on the nation’s roadways. A few early models of “driverless cars” already exist, with more in various stages of development. Many people believe that self-driving vehicles would remove the element of human error from driving and thus make the roads safer – but with technology programmed and constructed by equally fallible humans, it’s impossible to erase error from the equation entirely, which poses the question of what happens when an accident does occur? Who is liable when driverless cars are involved in automotive crashes?

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Topics: Motor Vehicle Accidents, NJ Personal Injury Case, injury compensation, driverless cars

Closing or Settlement Statements - Calculating Your Net Recovery in Personal Injury Case

Posted by Francis M. Smith on Mon, Feb 27, 2017

By Francis M. Smith

So your personal injury case has settled. What's next? How much of the settlement do you really get? Read on.

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Topics: NJ Personal Injury Case, injury compensation, settlement compensation, settlement statements

Requests for Production in Personal Injury Cases

Posted by Francis M. Smith on Fri, Feb 24, 2017

By Francis M. Smith

The early stages of a personal injury lawsuit are primarily devoted to collecting information about the case and assembling the facts that will be necessary for each side to construct their arguments. Part of this discovery phase includes requests for production, in which the legal team representing one of the parties involved in the lawsuit asks for copies of documents relevant to some aspect of the claim. These requests are often made at the same time as other information requests such as interrogatories, but may be submitted throughout the discovery stage.

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Topics: NJ Personal Injury Case, discovery phase, insurance company, requests for production

Requests for Admissions in Personal Injury Cases

Posted by Francis M. Smith on Wed, Feb 22, 2017

By Francis M. Smith

During the preliminary discovery phase of your personal injury lawsuit, numerous documents and requests for information will be exchanged between the two sides – yours and the insurance company’s. Some of these inquiries are intended to probe deeper into the background of the parties involved in your accident, while others seek to establish which basic facts are beyond dispute so that neither party needs to waste time or energy in asserting and proving those facts to the court. Requests for Admissions fall into this latter category. This document generally includes a list of factual statements that one side of a lawsuit submits to the other, requesting the opposition to admit or deny each point. Any of these statements that the responding side agrees with are treated as true by the court for the purpose of the lawsuit; neither side has to argue their veracity or is able to challenge their accuracy.

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Topics: NJ Personal Injury Case, discovery phase, insurance company, requests for admissions

"Interrogatories" (a/k/a Written Questions) in Personal Injury Cases

Posted by Francis M. Smith on Fri, Feb 17, 2017

By Francis M. Smith

The initial stage of your personal injury lawsuit is the discovery phase, in which both sides exchange information and research the issues surrounding your accident in order to build their cases. An important part of this information-gathering stage is the exchange and completion of interrogatories, a series of written questions submitted by one party in a lawsuit, to be answered by the opposing party. In New Jersey, we have court-mandated "form interrogatories" - questions every litigant must answer, and an attorney may ask 10 additional questions as well.

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Topics: NJ Personal Injury Case, discovery phase, answers to interrogatories, insurance company

What to Expect When You First Contact a Lawyer About Your Injury Claim

Posted by Francis M. Smith on Mon, Oct 24, 2016

By Francis M. Smith

Most people who suffer serious injuries in an accident have never had occasion to speak with a lawyer before. Dealing with the pain and upheaval caused by a severe injury is hardly the ideal circumstance for stressful new experiences, and many people feel anxious about approaching a personal injury attorney for the first time. In my practice, I make every effort possible to put prospective clients at ease, but I know that with so much at stake for an accident victim, some worry is unavoidable. Still, knowing what to expect when you first approach a lawyer about your injury case can make the process feel more manageable.

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Topics: NJ Personal Injury Attorney, NJ Personal Injury Case, injury case

How Does Lost Income and Loss of Earning Capacity Impact My Personal Injury Case?

Posted by Francis M. Smith on Fri, Oct 21, 2016

By Francis M. Smith

When you suffer an injury as a result of the careless or negligent actions of another, you are entitled to file a personal injury claim to seek compensation for the costs associated with your injuries (as well as non-economic damages like pain and suffering and the loss of enjoyment of life). This is not limited to the sum of your medical bills; the purpose of an injury claim is to make you “whole,” to restore you (to the degree that it is possible) to the life you enjoyed before you were injured. A serious injury may take you out of work for a period of time, or even prevent you from returning to your former career. This damage to your livelihood is part of the harm you suffered from your accident, and as such, you are entitled to seek appropriate compensation for it. An experienced personal injury attorney knows how to prove these losses.

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Topics: NJ Personal Injury Case, injury compensation, lost income, loss of earning capacity

Teenage Car Accident Victims Frequently Suffer from Brain Injuries

Posted by Francis M. Smith on Wed, Apr 23, 2014

Many Americans, including residents of many parts of New Jersey, live in areas where cars are not just a convenience – they are essential for getting to work, going to school, and running necessary errands. Most people think nothing of getting into a car for their morning commute or a trip to the store, because it's such a normal part of everyday life. For teenagers, earning their driver's license is more than a symbolic rite of passage toward adulthood; it's a tangible sign of independence and freedom, because the teen no longer needs to rely on a parent or other adult to ferry them around when they want to go somewhere.

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Topics: Motor Vehicle Accidents, New Jersey motor vehicle accident attorney, NJ Personal Injury Case, Injuries to Children

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