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 Courtroom Sign: "Courtroom Closed"

Posted by Francis M. Smith on Mon, Dec 30, 2013

By Francis M. Smith

One of the chief virtues of the American legal system and one of the surest guarantors of your rights is the public nature of injury trials. When you and your NJ personal injury lawyer take your case to court in order to hold the people responsible for your injury accountable and win the damages that you deserve, the legal proceedings that follow are open to public view. Anyone may come in to observe the case and listen to the arguments – which not only helps keep everyone honest and ensure that your case is heard fairly, but it allows the facts of your case to be known. This is often highly desirable if you were injured due to someone else's negligence or recklessness, so that the defendant's irresponsible actions cannot be concealed or hushed up.

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Topics: NJ Personal Injury Law, Evidence

Should a 12-year-old Conviction Impact Your Personal Injury Case?

Posted by Francis M. Smith on Fri, Aug 16, 2013

By Francis M. Smith

In ancient times, one of the harshest penalties a criminal could face short of outright execution was to be declared an "outlaw." The sentence of outlawry meant that the protections of the law no longer applied to the criminal; anyone could do as they wished to him without fear of legal consequence. This form of punishment is no longer practiced in most countries, as respect for the rights of every person, even those convicted of a crime, has proliferated. However, a prior conviction still carries a significant stigma throughout much of society, which can create bias against a person even in matters that are entirely unrelated to the crime he committed. That's why the question of whether a plaintiff's old convictions can be discussed by the defense team in a personal injury case is such an important one. Unrelated convictions may prejudice the jury against the plaintiff, creating a feeling that someone who has been convicted of a crime in the past does not deserve the same protection of their rights that other people.

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Topics: NJ Personal Injury Law, Evidence

NJ Court Rules: No Warrant, No Cell Phone Tracking

Posted by Francis M. Smith on Wed, Aug 07, 2013

By Francis M. Smith

As cellular phone capabilities continue to expand, driven by market demand and technological innovation, cell phones have become an increasingly omnipresent part of most people's daily lives. When you can use a single device to look up directions, find local restaurants and businesses, check your email, and perform countless other tasks in addition to making phone calls and sending text messages, there's little reason ever to leave the house without your cell phone.

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Topics: NJ Personal Injury Cases, NJ Personal Injury Law, Evidence

Can Opposing Attorneys Facebook Friend You in NJ Personal Injury Cases?

Posted by Francis M. Smith on Wed, Jul 31, 2013

By Francis M. Smith

For several years now, plaintiffs in personal injury suits have been advised to exercise caution with what information they make visible to the public on social media platforms like Facebook and Twitter. More and more courts have ruled that updates and photos posted publicly on these websites can be used by the defense in these cases as evidence to refute claims made by the plaintiff about the extent of their injuries and the disabilities and impairments those injuries caused. However, a recent case has raised a new question in the matter of using social media content as evidence: is it a violation of legal ethics for an opposing attorney or a member of their staff to '"friend" you in order to access protected information on your Facebook account?

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Topics: NJ Personal Injury Law, Evidence

Personal Injury Cases Cannot Use Social Security Administration Disability as Evidence

Posted by Francis M. Smith on Mon, Jul 22, 2013

By Francis M. Smith

A decision by the New Jersey Appellate Court in June of this year will impact the evidence collection process for plaintiffs in personal injury suits. Specifically, when a plaintiff attempts to prove that the injuries they sustained as a result of the accident were permanently disabling and rendered them unable to work, the plaintiff will not be able to submit as evidence any decisions made by the Social Security Administration (SSA) regarding the plaintiff's disability benefit claims.

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Topics: NJ Personal Injury Law, Evidence

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

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