Personal Injury Articles for the Injured of NJ

How Insurance Companies Value Truck Accident Claims

Posted by Francis M. Smith on Fri, Feb 09, 2018

By Francis M. Smith

The personal injury damages an accident victim receives as a result of an automotive accident are intended to help the injured person to be “made whole” to the greatest extent possible – that is, to be restored to their pre-accident state, or as close to it as financial compensation and medical technology permits. Though the dollar values of some accident damage awards and settlements can sound impressively high to a third-party observer, they are an imperfect form of recompense at best; given the choice, practically every injured plaintiff would rather the accident had never happened in the first place than to receive a settlement or injury damages. Ironically this is especially true in the case of semi truck accidents, despite the often impressive sums involved in resolving these claims. Because of the huge difference in size and weight between a passenger vehicle and an 18-wheeler, the injuries that result from crashes between the two are generally devastating, if not fatal.

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Topics: Motor Vehicle Accidents, Truck Accidents, insurance company, settlement compensation

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

Getting Damages for Lost Income in Your Injury Settlement

Posted by Francis M. Smith on Wed, Jul 05, 2017

  By Francis M. Smith

When you are pursuing a claim to seek compensation for injuries you suffered in an accident caused by someone else, it's important to make sure that you include in your claim all the economic losses that you suffered due to your injuries. The unpaid medical bills that have piled up from the treatment your injuries received may be extensive, but they still don't show the whole picture of how much your injuries have cost you financially. You have a right to seek compensation not only for the money your injuries forced you to spend, but also the money your injuries prevented you from earning. Lost income represents a category of injury damages that encompasses both earnings missed at your current employment because you were hurt too badly to work or needed to attend medical appointments, and potential earning opportunities that you were unable to pursue due to your injuries.

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Topics: Injuries, injury compensation, settlement compensation, lost income

Can Medicare or Medicaid Put a Claim on My Settlement Funds?

Posted by Francis M. Smith on Fri, May 26, 2017

By Francis M. Smith

When you initiate a personal injury claim, many times the funds you're seeking are intended, in part, to pay for your medical expenses. However, it can take months to resolve your claim with a settlement agreement, or even years if your case goes to court. In the meantime, your health insurance provider generally covers the cost of your medical treatment. If you successfully obtain compensation for your injuries from the parties responsible for your accident, however, your health insurance company may demand to be repaid from your settlement for the cost of your treatment. If your health insurance is provided through Medicare or Medicaid, this process can become all the more complicated. Worse, until all claims and liens against your settlement are resolved, you will be unable to recover your entire net settlement.

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Topics: insurance company, settlement compensation

Depositions in Personal Injury Cases

Posted by Francis M. Smith on Wed, May 24, 2017

By Francis M. Smith

The early stages of any personal injury suit are dedicated to the gathering of information by both sides. Sometimes this involves doing research, collecting documents, and consulting experts, but the primary source of information for the insurance company is going to be you, the injured plaintiff. This is true both because you are the primary eyewitness to your own accident, and because you know best the pain you feel, the losses you have suffered, and the limitations on what you can do as a result of the injury. Initially the defense lawyers will seek information from you in the form of written interrogatories (questions),but you will almost certainly also be called upon to answer questions in person in a series of depositions.

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Topics: answers to interrogatories, insurance company, settlement compensation, depositions

Discovery & Settlement in Personal Injury Cases

Posted by Francis M. Smith on Mon, May 08, 2017

By Francis M. Smith

Once you have decided to pursue compensation for injuries you sustained as a result of another party's negligent actions, your attorney will send the insurance provider of the other party a letter containing your demand for damages. This begins your case; should the insurance company choose not to offer you a check for the full amount of your compensation demand (which essentially never happens), both sides will begin preparing for the lawsuit.

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Topics: discovery phase, insurance company, settlement compensation

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

The Complaint: the First Document Your Attorney Files in Court

Posted by Francis M. Smith on Mon, Feb 13, 2017

By Francis M. Smith

The personal injury complaint is one of the first, and one of the most important, documents that will be filed in your injury lawsuit. The complaint is a formal document that outlines for the court the basic facts of your case and the grounds on which you are seeking compensation. Each jurisdiction has its own rules and standards governing exactly what information a personal injury complaint should include, so your attorney will draft the complaint for you, as he is already familiar with the specific requirements of the courts in your area. (For instance, much more specific information is required in a complaint filed in Federal Court.) Still, it is helpful for you to understand what goes into a personal injury complaint, both for your own peace of mind and so that you are better able to provide your attorney with any information he may need.

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Topics: injury compensation, settlement compensation, complaint

Following Doctor's Orders and Keep Your Case On Track

Posted by Francis M. Smith on Wed, Feb 08, 2017

By Francis M. Smith

After the initial treatment for any sort of injury, doctors will generally provide you with a set of specific instructions: what medications to take, what testing to go for, how long to stay out of work, what specialists to follow up with, who to call if your symptoms get worse, and so on. While these instructions are important for anyone who has suffered an injury, they take on an additional layer of necessity for the victims of accidents caused by the negligence of another. If there’s any chance that you may have a claim for compensation for the injuries you suffered, faithfully following your doctor’s orders is just as important to the success of your personal injury case as it is to your health and recovery.

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Topics: injury compensation, injury case, insurance company, settlement compensation

What is a Pre-Litigation Settlement?

Posted by Francis M. Smith on Fri, Oct 28, 2016

By Francis M. Smith

Contrary to the image in many people’s minds when they hear of someone “suing for damages” after an accident, some personal injury claims are resolved long before they would see the inside of a courtroom. This resolution is usually the result of a pre-litigation settlement agreement between the insurance company and the injury victim. Reaching a pre-litigation settlement is advantageous to the injured plaintiff because it means they will receive their injury compensation sooner, and enabling them to pay for medical treatment and other expenses associated with their accident. It’s also often beneficial to the insurance company, because a trial is a lengthy and expensive process, and it might end with them being ordered to pay the accident victim even more money than the plaintiff might have accepted in a settlement.

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Topics: injury compensation, settlement compensation, pre-litigation settlement

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