Personal Injury Articles for the Injured of NJ

Common Residual or Permanent Injuries

Posted by Francis M. Smith on Fri, Apr 12, 2019

By Francis M. Smith

After suffering an injury in any sort of accident for which someone else was at fault, you are generally advised to wait until you have reached the point of maximum medical improvement before sending a demand letter for injury compensation to the relevant insurance company. “Maximum medical improvement” refers to the point at which your treating doctors believe that you have healed as fully as you are likely to heal, and that further medical intervention will not result in any additional improvement. For some patients, this means that they have recovered completely from their injuries, as though the accident never happened. Unfortunately, many accident victims are not so lucky. When they reach their maximum medical improvement, they still have some pain, stiffness, limited mobility, or other impairment that did not exist before their accident. These impairments are not expected to improve with time or treatment, remaining a permanent fixture in the patient’s life. These permanent injuries may prevent the accident victim from returning to a previous job or recreational activities, or impose other disruptive changes in the victim’s life. These long-term consequences are compensable harm, just as much as the medical bills, lost wages, and physical and emotional suffering that the victim incurred during treatment.

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Topics: Permanent Injury, injury compensation, residual injuries

How is Permanent Disability Determined?

Posted by Francis M. Smith on Mon, Aug 15, 2016

By Francis M. Smith

For most accident victims, it's best to hold off from agreeing to a settlement until they have fully recovered from their injuries, so they know what the full cost of their medical treatment will be. Unfortunately, some people who suffer serious injuries in accidents don't have that option; a major accident can leave the victim with a permanent disability and ongoing medical treatment. This affects how the injury claim process moves forward, adding new factors to the calculation of your damages.

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Topics: Permanent Injury, injury compensation, insurance company

What is an Auto Insurance Threshold in NJ? And why you better know!

Posted by Francis M. Smith on Wed, Mar 04, 2015

By Francis M. Smith
When you apply for auto insurance, there are a lot of choices in coverage you have to make, and we have discussed many of the important ones.  One of the most critical choices, though, is the “threshold”, a/k/a/ the “lawsuit threshold”. With one choice, you save a good bit of money (Limitation on Lawsuit Threshold) and on the other choice (No Threshold) you do not. The savings can be significant. So it’s a no-brainer, right?

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Topics: Motor Vehicle Accidents, Automobile Insurance, NJ Auto Insurance, Permanent Injury

Accidents Cause Injuries: ORIF Treatment for Fractures

Posted by Francis M. Smith on Wed, Jun 25, 2014

By Francis M. Smith

One of the more common and immediately apparent injuries a person might suffer when they become the victim of an accident is a broken bone. Some fracture injuries can be treated relatively simply – the doctor aligns the broken surfaces of the bone properly and uses a splint or a cast to immobilize the injured area until it heals. However, many accidents can inflict serious physical trauma to a victim's bones, resulting in more difficult injuries.

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Topics: Permanent Injury, Knee Injury, Spinal Injuries, Injuries to Children, Workplace Injury, Sports Injuries

NJ Personal Injury Attorney Explains Life Care Plans

Posted by Francis M. Smith on Mon, Jun 23, 2014

By Francis M. Smith

After suffering a serious injury as a result of the negligent or reckless actions of others, many accident victims understandably focus on the present: the pain and limitations caused by their injuries, the demands of their medical treatment, and the immediate financial concerns stemming from lost wages and medical bills. These pressing issues must be addressed in your personal injury claim. It is also important not to lose sight of the long-term repercussions of your injury.

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Topics: Injuries, Permanent Injury, Knee Injury, Dog Bites, Brain Injury, Spinal Injuries, Injuries to Children, Herniated Disc, Sports Injuries

Use of Life Expectancy Tables in Personal Injury Cases

Posted by Francis M. Smith on Wed, Jun 11, 2014

By Francis M. Smith

Some personal injury cases are straightforward: another car crashes into yours and your leg is broken, requiring immediate treatment and several months of physical therapy in order to enable you to recover fully and resume your customary activities. But sometimes the injuries suffered by an accident victim are of a severity or a nature that he or she is left with a permanent disability, a lifelong condition, or an increased risk of future health problems. Joint damage may render a patient more likely to develop arthritis later in life and at an earlier age, and head trauma can leave a victim more vulnerable to sustaining serious damage from subsequent head injuries. So how are these permanent injuries and increased risks adjudicated when it's time to work out how much you deserve in fair compensation for your injuries?

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Topics: Injuries, Motor Vehicle Accidents, Car Accidents, Trip and Fall, Motorcycle Accident, Permanent Injury, Dangerous Premises, Automobile Litigation, Dog Bites, Brain Injury, Construction Accidents, Herniated Disc, Bulging Disc, Evidence, Workplace Injury, Workplace Accidents, Sports Injuries, Truck Accidents

Brain Injuries: Can the Damage Be Reversed?

Posted by Francis M. Smith on Fri, Feb 21, 2014

By Francis M. Smith

You don’t have to be a battleground veteran or professional football player to suffer a traumatic brain injury (TBI). The National Institutes of Health’s National Institute of Neurological Disorders and Stroke (NINDS) says transportation accidents are the single-most common source of traumatic brain injury among people under 75, accounting for half of all TBIs.

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Topics: Personal Injury, Permanent Injury, Brain Injury, Slip and Fall

Do Bike and Sports Helmets Really Protect Against Head Injuries?

Posted by Francis M. Smith on Mon, Feb 17, 2014

By Francis M. Smith

You can’t replace your brain.

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Topics: Injuries, Permanent Injury, Brain Injury, Sports Injuries, Bicycle Safety

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

Attorney Frank Smith Settles NJ Wrongful Death Case for $2 Million

Posted by Frank Smith on Thu, Jan 17, 2013

NJ Personal Injury Attorney Frank Smith resolved a wrongful death case for family members for $2 Million. Albert's death occurred as a result of brain injury caused by a slip and fall on an icy sidewalk in front of the Newton, NJ Post Office. 

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Topics: Wrongful Death, Permanent Injury, New Jersey Personal Injury Attorney, Success Stories, Brain Injury, Slip and Fall, NJ Personal Injury Cases, NJ Personal Injury Law

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