Personal Injury Articles for the Injured of NJ

Arbitration in Personal Injury Cases

Posted by Francis M. Smith on Wed, Jan 11, 2017

By Francis M. Smith

When you are making a personal injury claim, most lawyers will rightly tell you that the process begins with investigation of the accident by your attorney and the insurance company. After both sides have had the opportunity to gain a clear understanding of the incident and assemble the evidence they require to support their claims, the next step is settlement negotiation, in which both sides try to persuade the other to agree to a settlement value closer to their own ideal figure. If the two parties cannot reach a mutually satisfactory agreement, the case goes to trial. In broad strokes, this is an accurate picture of the personal injury claim process, but there are alternatives to several of the steps that can be added to or substituted for these stages. Generally, these alternatives may involve hiring a legal professional to serve as a disinterested third party in pursuit of resolving the claim.

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Topics: Personal Injury, Forced Arbitration, court mandated arbitration, insurance company

Will You Need a Personal Injury Lawyer?

Posted by Francis M. Smith on Mon, Feb 29, 2016

By Francis M. Smith

After any accident in which you were injured because of another person's mistakes, one of the most important questions you need to consider is whether you should hire an attorney. Theoretically it's possible to pursue any injury claim without professional legal representation, but in many cases the help of an experienced personal injury lawyer can mean the difference between receiving the compensation you deserve and walking away with little or nothing for your pain and medical bills. That doesn't mean every injury case necessarily requires an attorney, but the question of whether to seek legal counsel is one that you should seriously consider before proceeding with your claim.

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Topics: NJ Personal Injury Attorney, Injuries, Personal Injury, injury compensation

Caution When Posting to Facebook When Pursuing an Accident Case

Posted by Francis M. Smith on Wed, Dec 23, 2015

  By Francis M. Smith

In today's world, the internet has worked its way thoroughly into almost every aspect of our lives – including our social lives. People use social media to keep up with important events in the lives of friends and family, to share their daily thoughts and feelings, and to seek support in times of hardship. In the aftermath of an accident resulting in a serious injury, many people instinctively reach for their smart phone to update their Facebook or Twitter accounts, either to reassure loved ones or to connect with friends while their injuries prevent them from socializing. Unfortunately, following this impulse can be dangerous if you're seeking compensation for your injuries through a personal injury claim or lawsuit.

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Topics: Injuries, Personal Injury, injury case, social media

After an Accident, How to Handle Your Insurance Company

Posted by Francis M. Smith on Mon, Apr 20, 2015

By Francis M. Smith

Insurance companies advertise themselves as reliable sources of help when disaster strikes; they paint themselves as friends, neighbors, people who are on your side or in your corner, ready to help you. We've all seen the "Good Hands" commercials on TV. These are all great marketing slogans, but the reality is that insurance companies are for-profit businesses, and they make their bottom line by taking in as much money in payments and premiums as they can, and paying out as little for claims as they can get away with. When you suffer a car crash or other accident and need to file an injury claim, you're likely to find the helpful and neighborly spirit of your insurance company vanishing in the face of your claim. Unlike actual friends, your insurer has no motivation to care whether your medical bills are paid in full, or whether you receive compensation for the lost wages and suffering you endured as a result of your injuries. In order to make sure you get the money you deserve, you need to know how to handle your insurance company. If you have retained the services of a personal injury attorney, he or she will do this for you. If you have not, read on.

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Topics: Injuries, Personal Injury, Motor Vehicle Accidents, Automobile Insurance, injury compensation, insurance company

How Can a Trial Attorney Help My Personal Injury Case?

Posted by Francis M. Smith on Fri, Apr 17, 2015

By Francis M. Smith

Most personal injury claims never see the inside of a courtroom; it's much more common for the injured person and the insurance company responsible for the claim to agree to a settlement outside of court. Unfortunately, this also means that many injury lawyers also rarely see the inside of a courtroom. Trying a case before a jury can be expensive for a trial attorney, who often pays for expert testimony and other trial costs out of his own pocket (to be repaid out of the settlement or verdict) in the process of preparing your case – so some injury lawyers prefer to avoid going to trial whenever possible. Often, the lawyers who spend the most on advertising, especially direct mail advertising,  are not the ones who are most willing to fight the insurance company in a courtroom if the company does not offer proper compensation for your injuries.

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Topics: Personal Injury, injury compensation, injury case, trial attorney

The Insurance Adjuster's Settlement Offer Process

Posted by Francis M. Smith on Fri, Oct 17, 2014

By Francis M. Smith

Your injury attorney should ensure that you have a solid understanding of what he is doing at each stage of the claim process. He will be working with you, asking for information and documents and answering your questions as he assembles evidence for your case. However, it's not so easy to see what's happening on the other side of the settlement table. What process does the insurance adjuster handling your case go through to determine your settlement offer? By understanding how an insurance adjuster approaches settlement claims and what process they use to produce a settlement offer, you will have a better grasp of where you stand, and what you can do to improve your chances of being fairly compensated when your case is settled or a verdict returned with a damages award.

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Topics: NJ Personal Injury Attorney, Personal Injury, Settlement Offer

Brain Awareness Week Supports Research on Brain Injury and Illness

Posted by Francis M. Smith on Fri, Mar 14, 2014

By Francis M. Smith

Lately, it seems that every little thing has a day dedicated to it. I've heard of "National Grilled Cheese Day" (April 12th), "National Hug Day" (January 21st) and everything in between. Now I love grilled cheese and I love hugs, but these are pretty goofy. Of course, some occasions marked on our calendar cause us to sit up and take note because of more serious matters, say for Breast Cancer Awareness or Black History Month. In March, those at The Dana Foundation dedicate an entire week to a cause that is close to my heart and to my work: Brain Awareness.

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Topics: Personal Injury, Brain Injury

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

NJ Car Accident Attorney Educates Drivers on Auto Insurance

Posted by Francis M. Smith on Mon, Jan 13, 2014

In his new paperback book, New Jersey Car Insurance Buyer’s Guide, Francis M. Smith, Esq., a NJ personal injury attorney, educates drivers on the advantages of a Standard Policy, the risks of Basic Policies, personal injury protection, or PIP Primary vs. Health Care Primary, as well as information on coverage limit levels.

With nearly 6 million NJ licensed drivers traveling over 73 billion miles a year on NJ’s 39,000 public roads [i], driving in NJ is risky business. Governor Christie aide Bridget Anne Kelly’s now infamous email that read “Time for some traffic problems in Fort Lee” which resulted in a four-day lane closures at the George Washington Bridge in September demonstrates how frustrating – and precarious it can be for drivers in NJ.

Auto insurance coverage is compulsory for NJ drivers, but drivers on NJ highways from other states may not be required to carry insurance. And those who purchase bare-bones automobile insurance policies typically sold online or by insurance agents, may expose other drivers to medical and financial loss if they suffer serious bodily injury in a motor vehicle accident.

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Topics: Personal Injury, Personal Injury Protection, Automobile Insurance, NJ Auto Insurance, NJ Car Insurance

Slip and Fall Injury Cases Are a Serious Matter

Posted by Francis M. Smith on Mon, Apr 08, 2013

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Topics: Personal Injury

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