Personal Injury Articles for the Injured of NJ

When Insurance Companies Ignore Demand Letters

Posted by Francis M. Smith on Wed, Mar 06, 2019

By Francis M. Smith

If seeking compensation for injuries you suffered in an accident were a chess match, the demand letter you send to the other party’s insurance company might be the opening move. In this letter, your attorney lays out the facts of the case: the circumstances of the accident and why the insurance company’s client was at fault; what injuries you suffered and the costs of the treatment those injuries required; any other expenses and financial losses following from your injuries; and a description of the harm your injuries have caused you beyond the financial, for which you are also entitled to compensation. But what happens if the insurance company decides that their best move is not to play at all – if they offer no response whatsoever to your demand letter? The response to a demand letter is meant to open negotiations over an injury settlement, and the absence of a response leaves you and your attorney arguing with thin air. So what can you do in this case?

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Topics: insurance company, settlement compensation, personal injury demand letter, insurance adjuster

Rear-end Hit Collisions are Considered Negligence in NJ

Posted by Francis M. Smith on Wed, Jan 30, 2019

By Francis M. Smith

When you are injured in an automotive accident involving another vehicle, your ability to collect fair compensation for your injuries relies on whether you can demonstrate that the other driver caused the accident through negligent behavior. In some cases, proving negligence can be a difficult task, requiring your attorney to collect witness testimony, pore over the statements given by both drivers, or even bring in experts to reconstruct the accident. However, there are certain types of collision in which it is much easier to argue for negligence.

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Topics: Motor Vehicle Accidents, Car Accidents, negligence, settlement compensation

Settlement Process and Timeline for NJ Car Accidents Injuries

Posted by Francis M. Smith on Wed, Dec 05, 2018

By Francis M. Smith

After a serious car accident, it can often feel as though your normal life has come to a screeching halt: you may spend time in the hospital having your injuries diagnosed and treated, and you may not be able to return to work right away even after you are discharged. Even worse, the pain of your injuries can make every moment stretch into weeks of agony, immobility or discomfort. However, there are several ways in which time continues to tick by persistently – bills don’t stop piling up while you’re unable to work, and the administrative deadlines for your injury claim draw closer. Having a clear understanding of the claim resolution process can help you avoid the feeling that the opportunity to be fairly compensated for your injuries is slipping through your fingers.

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Topics: Motor Vehicle Accidents, settlement compensation, statute of limitations

How does the Claims Process Work in Pedestrian and Bicycle Accident Cases

Posted by Francis M. Smith on Wed, Sep 19, 2018

By Francis M. Smith

When an injured client comes to me after a pedestrian or bicycle accident, their first question is often, “Do I have a case worth pursuing?” Once we discuss their accident and determine that they have a strong enough case, the next question tends to be, “How does all this work, and how long will it take?” This is a question that can be both easy and difficult to answer: easy, in that the basic structure and sequence of events remains much the same for most injury cases – difficult, in that the details of every case are unique and may cause different steps to take more or less time than average.

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Topics: Bicycle Accidents, Pedestrian Accidents, settlement compensation

Overcoming fears and apprehension when filing insurance claims for bicycle and pedestrian accidents

Posted by Francis M. Smith on Mon, Jul 09, 2018

By Francis M. Smith

The purpose of a personal injury suit is to help a person who has been harmed through the negligence of another – to return a person as closely to their pre-accident state as possible, and to compensate for pain, inconvenience, and other losses. Why, then, are so many people hesitant to file an injury suit after they’ve been hurt in an accident? While the reasons for this apprehension are as varied and numerous as the injured cyclists and pedestrians who are hurt in automotive accidents, there are a few common threads in their reasoning.

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Topics: Bicycle Accidents, Pedestrian Accidents, insurance company, settlement compensation

How Do You Pay A Lawyer To Take Your Case?

Posted by Francis M. Smith on Wed, May 09, 2018

By Francis M. Smith

When you initiate the process of pursuing a truck injury claim, the insurance adjuster assigned to your case will almost certainly try to convince you not to hire a lawyer. One of the most common arguments insurance adjusters present to injured claimants against seeking legal representation is that “hiring a lawyer is expensive.” The reality is that it’s expensive for the insurance company when a claimant hires an attorney, because injured plaintiffs with a lawyer on their side tend recover substantially more money in compensation for their injuries on average than accident victims who go it alone (even after deducting attorney's fees and expenses). But this does raise a very important concern in the minds of individuals just beginning their injury compensation process: how will they pay for the legal representation they need when going up against an insurance company?

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Topics: New Jersey Personal Injury Attorney, contingent fee, settlement compensation

When Injured in a Truck Accident, Do You Need a Lawyer?

Posted by Francis M. Smith on Wed, Apr 18, 2018

By Francis M. Smith

When you first begin the process of seeking compensation for your injuries after a truck accident, the insurance adjuster representing the trucking company will most likely try to convince you that hiring a lawyer is unnecessary and expensive, or that your claim will be resolved more quickly and efficiently if you don’t “go to the trouble” of getting a lawyer. In reality, however, injured plaintiffs who work with an attorney receive more money on average in compensation for their injuries than accident victims who pursue their claims unrepresented, even after legal fees and costs are factored in. The insurance adjuster would much rather you go into the injury claim process unrepresented in the hope that your inexperience with the legal process and the stress of your injuries will render you overwhelmed and easier to take advantage of.

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Topics: Motor Vehicle Accidents, Truck Accidents, settlement compensation

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

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