Personal Injury Articles for the Injured of NJ

Six Reasons for Filing a Personal Injury Lawsuit

Posted by Francis M. Smith on Wed, Oct 15, 2014

By Francis M. Smith

After being injured in an accident, you're likely to have a lot of concerns and issues to consider. How should you handle your medical treatment, and how will you pay for it? How long will you be unable to work because of your injuries? Should you sue? You may hear a lot of conflicting opinions and information from friends, family, and coworkers, but the decision of whether to file a personal injury lawsuit to pursue damages for your injuries ultimately rests with you – and it's important for you to have the best information available when making that decision. That's why seeking the advice of an experienced injury attorney is advisable for most injury victims; a good injury lawyer can help you understand what is involved with filing a personal injury lawsuit and whether that course of action is a useful one in your individual situation. Here are six important points to consider when deciding whether to file suit for injury compensation:

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Topics: NJ Personal Injury Lawsuit, Evidence

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

Settlement Offer: Can I Make a Lifeline Call?

Posted by Francis M. Smith on Mon, Mar 31, 2014

By Francis M. Smith

You are pursuing a claim to win compensation after an injury caused by someone else's negligence. You've listened to the advice of your attorney. You've worked hard to educate yourself about the legal issues in your personal injury case. Then you face a point in time that's intensely stressful -- the moment when the opposing counsel makes a settlement offer. You knew this day would come eventually, but now you're faced with a deadline. The other side is expecting an answer today, and all you have are questions. Is it enough to recognize your injury? Will you get more if you hold out a little longer? Is the insurance company trying to avoid paying you what you truly deserve?

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Topics: NJ Personal Injury Lawsuit, NJ Personal Injury Case, Settlement Offer

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

When Your Insurer Won't Pay in Serious Injury Cases

Posted by Francis M. Smith on Sun, May 19, 2013

By Francis M. Smith
 
You may think that a personal injury attorney can only help you if you have suffered an injury and you are planning to sue a third party for those injuries. However, this is only part of the story and is also somewhat misleading.

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Topics: Injuries, NJ Personal Injury Lawsuit

Measure of Proof in Slip and Fall Injury Cases

Posted by Francis M. Smith on Mon, May 13, 2013

By Francis M. Smith
 
Sometimes when people are injured in a slip and fall accident, there is no option to seek remuneration from a third party. In large part, the ability to prove liability in slip and fall injury cases can hinge on a number of factors. Proving liability means determining a third party is responsible for the conditions that caused the slip and fall accident.

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Topics: Injuries, NJ Personal Injury Lawsuit, Dangerous Premises, Slip and Fall, Injuries to Children, NJ Personal Injury Law

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

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

Direct and Circumstantial Evidence in Negligence Cases

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

By Francis M. Smith
 
As is the case in any personal injury lawsuit, it is the task of the plaintiff in negligence cases to demonstrate for the court (and jury) that the defendant is at fault for the injury and thus liable for damages resulting from it. Negligence cases assert that the defendant failed to act in a way that would have prevented the injury, despite knowing of foreseeable danger to the plaintiff (you) - or having ample opportunity to discover the situation that created the danger and take the appropriate action. Typically, two possible types of evidence may be presented in order to prove this claim direct evidence and circumstantial evidence. It is possible to use either type of evidence alone, or a combination of both, to support your argument in negligence cases.

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Topics: Injuries, Permanent Injury, NJ Personal Injury Lawsuit, Slip and Fall, Construction Accidents, Evidence

What You Can Expect at a Personal Injury Trial

Posted by Francis M. Smith on Tue, Apr 02, 2013

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Topics: NJ Personal Injury Lawsuit, NJ Personal Injury Case, NJ Personal Injury Cases

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