Personal Injury Articles for the Injured of NJ

Negotiations in Personal Injury Cases - What to Expect

Posted by Francis M. Smith on Fri, Aug 04, 2017

By Francis M. Smith

When you begin the process of seeking compensation for injuries resulting from an accident, one of the first things you're likely to hear is that the majority of personal injury cases are resolved through a settlement rather than a court decision. (Some judges tell me it's as high as 98%.) But while popular media has given most people a general idea of what a court case looks like, personal injury negotiations to reach a settlement often remain a bit of a mystery.

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Topics: Forced Arbitration, Settlement Offer, insurance company, negotiated personal injury settlement

Motorcycle Accidents: Consult an Attorney Immediately

Posted by Francis M. Smith on Wed, Aug 02, 2017

By Francis M. Smith

Motorcycle accidents have the potential to inflict devastating changes on an accident victim's health, finances, and everyday life. Seeking compensation when the negligence of another party causes your injury may help to mitigate some of those effects, but without the aid of an experienced personal injury attorney, simple mistakes and missed opportunities can seriously damage your case and jeopardize your ability to obtain fair compensation for your injuries.

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Topics: Motorcycle Accident, Settlement Offer, insurance company

Motorcycle Accidents: 10 Tips Every Motorcyclist Should Know

Posted by Francis M. Smith on Fri, Jul 21, 2017

By Francis M. Smith

Dealing with the aftermath of a motorcycle accident is physically and emotionally taxing under any circumstances, but it can become even harder when you need to contend with an insurance company in order to obtain fair compensation for injuries caused by the negligence of another. Medical appointments, physical therapy, and being unable to work are challenging enough without the added stress of interacting with an insurance adjuster who does not have your best interests in mind. Fortunately, you can make a difficult situation a little easier on yourself by keeping these 10 important tips in mind.

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Topics: Motorcycle Accident, Settlement Offer, insurance company

Valuing the Nature and Extent of Your Injuries

Posted by Francis M. Smith on Mon, Jul 03, 2017

By Francis M. Smith

When seeking compensation for accident injuries, the key to ensuring that the settlement you're agreeing to is reasonable is to understand the value of your injuries. On the surface, this seems simple enough – the costs of your medical treatment can be added up easily enough from your doctor bills, and the value of the wages lost as a result of your injuries can be found with some simple bookkeeping. But there's no easy dollar value to assign to pain and trauma. There are formulas that insurance adjusters use to calculate compensation for pain and suffering; at the basic level, these methods involve applying a multiplier to the more tangible medical costs of your injury. In theory, the more painful and lasting the injury, the higher the multiplier. It has always been a very inexact science, if you can call it that, and many insurance companies now don't trust their adjusters enough to settle case, but make them feed information into a computer program that spits out a value range for the case being evaluated.

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Topics: Injuries, Settlement Offer, injury compensation, injury case, lost income

How are Personal Injury Settlements Reached?

Posted by Francis M. Smith on Mon, Apr 10, 2017

A majority of personal injury claims are resolved with a mutually agreed-upon settlement between the parties involved, rather than a courtroom verdict. However, when faced with the legal team employed by an insurance company or powerful corporate defendant, it may not be immediately clear how reasonable personal injury settlements can be reached. Obviously, the first critical component to securing a fair settlement for your injuries is the help of an experienced personal injury lawyer, but it’s important for you to understand the process – or rather, processes – that may be involved in reaching a settlement in your case.

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Topics: Injuries, Settlement Offer, insurance company, negotiated personal injury settlement

The Settlement Offer: What Do I Need to Understand?

Posted by Francis M. Smith on Fri, Apr 07, 2017

Anyone who suffers an injury in an accident caused by the negligence of someone else has the right to seek compensation for their damages through a lawsuit, though in practice the great majority of these cases are resolved with a mutually agreed-upon settlement rather than a jury verdict. There are several advantages to reaching a settlement with the insurance company involved in your case, but it’s critical that you understand what’s involved with the settlement offer. Your attorney has extensive experience with personal injury suits, but ultimately he represents your interests and wishes – so you need to be able to make informed decisions about how to resolve your case.

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Topics: Injuries, Settlement Offer, insurance company

Mediation in Personal Injury Cases

Posted by Francis M. Smith on Mon, Jan 16, 2017

By Francis M. Smith

Most personal injury claims are resolved with the two sides agreeing to a settlement rather than going to court (some say over 97%). Reaching a settlement has distinct benefits for both the injured plaintiff and the insurance company that is liable for the injured person’s damages. For the accident victim, a lawsuit can be expensive, and it may take years before you actually receive the compensation due to you. In the meantime, you have to deal with the stress of a court case and the impacts an ongoing lawsuit has on your everyday life (such as staying off social media to avoid giving the insurance company’s lawyers anything to twist against you). For the insurance company, there is always the risk that a jury will award an injured person substantially more money than that person would be willing to accept in a settlement. But despite the fact that both sides benefit from reaching a settlement agreement, sometimes negotiations become stalled, with that elusive mutually-acceptable middle ground nowhere in sight. When this happens, or in response to an order from the courts prior to bringing your case to trial, you may take your claim to mediation.

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Topics: NJ Personal Injury Cases, Settlement Offer, Mediation, injury compensation, insurance company

Signing a Pre-Injury Release Document on Behalf of a Child

Posted by Francis M. Smith on Mon, Jun 13, 2016

By Francis M. Smith

For many children, sports and other physical activities are an excellent way to stay active, bond with friends, learn teamwork and sportsmanship, and simply have fun. Of course, it can't be overlooked that most of these recreational activities carry a certain element of risk as well. The gymnasiums, sports leagues, and other organizations that offer these activities are certainly aware that those dangers exist, and many require parents to sign a liability waiver on their child's behalf in order for the child to be allowed to participate. As a parent, it's vital to understand what exactly you're agreeing to when you sign these release forms, and what kind of legal weight and enforceability they carry in the state of New Jersey.

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Topics: Injuries to Children, Settlement Offer, injury compensation, waiver of liability

Who is Responsible for Your Injury?

Posted by Francis M. Smith on Wed, Mar 02, 2016

By Francis M. Smith

When you've been in an accident and are considering a personal injury claim, there are many important issues you need to consider, but perhaps the most critical is the question of fault. If your attorney cannot establish and produce evidence to prove that another person or business is to blame for your accident and resultant injury, then there is no one for you to seek compensation from. It's also important to determine whether multiple parties might bear fault for your injuries, because parties with liability insurance (like most businesses) are more likely to be able to compensate you fairly for your injuries.

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Topics: Injuries, Settlement Offer, injury compensation, insurance company, negligence

Negotiating a Final Settlement With the Insurance Adjuster

Posted by Francis M. Smith on Wed, Feb 24, 2016

By Francis M. Smith

Reaching a personal injury settlement agreement with an insurance company involves a process of negotiation and at times can bear some similarity to bargaining over the price of a used car or haggling with a street vendor for a vacation souvenir. The dollar amounts are greater and the stakes are much higher in an injury claim, but the basic principles of negotiation can be present in all three cases.

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Topics: Injuries, Settlement Offer, insurance company, negotiated personal injury settlement

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