Personal Injury Law Blogs

New UK Court Ruling: Dishonesty in Personal Injury Claims Won’t Always Nullify Other Damages

Post author By accidentclaimsblawg
Post date November 10, 2024
Categories In Personal Injury Claims Law

In a recent landmark case, Senay & Anor v Mulsanne Insurance Company, the court clarified that dishonesty in a personal injury (PI) claim does not necessarily invalidate claims for other types of damages. This decision reinforces that, while the legal system has a firm stance against fraudulent personal injury claims, it also protects the claimant’s right to fair compensation for other legitimate losses.

His Honour Judge Charman ruled that the claimant’s dishonesty in his personal injury claim following a road traffic accident did not affect the validity of his claim for vehicle damage and loss of use. The ruling underscores that, under section 57 of the Criminal Justice and Courts Act 2015, fundamental dishonesty provisions apply specifically to personal injury aspects, not to other associated losses.

This judgement aligns with the earlier Reynolds v Chief Constable of Kent Police case, reaffirming that claims for losses distinct from the PI claim – such as vehicle repair or loss of use – can still proceed, even if dishonesty is proven in the personal injury aspect.

For those navigating the complexities of personal injury and associated claims, this case serves as a reminder of the judiciary’s nuanced approach, balancing the need to deter dishonesty with the protection of legitimate claims. To read more, see the Law Society Gazette article here.

Car Accidents Involving Commercial Vehicles: How Expert Lawyers Handle the Complexities

Post author By accidentclaimsblawg
Post date November 9, 2024
Categories In Road Traffic Accident Compensation

With a growing population, San Diego is a city with significant levels of road traffic. Apart from the rush of tourists, the roads are regularly full of passenger and commercial vehicles and two-wheelers. Commercial vehicles, including trucks of varying types, are essential for the regional economy. However, heavy vehicular traffic and the presence of a sizeable number of large vehicles sometimes lead to road mishaps. Passenger cars colliding with trucks and other commercial vehicles are standard here.

Types of commercial vehicles involved in car accidents

According to credible sources, different types of commercial vehicles have been involved in car accidents in San Diego. These include:

Delivery vans
Dump trucks
Construction vehicles
Dump trucks
tractor-trailers
Garbage trucks
Parcel delivery vehicles

Why are car accident cases involving commercial vehicles complicated?

In San Diego, car accidents involving commercial vehicles tend to be complex.

In some instances, commercial vehicles collide with more than one car. This can happen on freeways and busy roads where the permissible speed limit is on the higher side. Determining the liability for such accidents can be challenging.

Insurance-related hassles also crop up in such car accidents. If a commercial truck hits a passenger vehicle, the liable parties may include the truck driver, the truck company, and third-party leasing entities. Navigating the legal tangle can be tedious without seeking expert legal assistance.

If a car accident occurs at a place with inadequate CCTV coverage, establishing the liability can be challenging. In some such accidents, the more significant vehicle driver may flee the spot after hitting the car. Seeking the assistance of a veteran car accident lawyer San Diego is a prerequisite in such instances.
In commercial vehicle accidents, factors like vehicle maintenance and inclement weather causing driver fatigue can complicate the case. The comparative negligence clause can seep in, making things further complicated.

How do seasoned attorneys overcome car accident case hurdles?

Veteran legal experts with expertise in such car accident cases know the loopholes, and they adopt suitable measures to bring justice and compensation to the clients.

Expert car accident attorneys conduct intensive investigations for commercial vehicle cases. They collect evidence using multiple sources and conduct extensive interviews with concerned parties.

These legal experts are well aware of tactics used by insurers to deny car accident victims due reimbursement. So, they engage with the insurers using apt methods.

Seasoned attorneys investigating car accident cases involving commercial vehicles utilize emerging technologies and computer applications to establish the cases. From using advanced simulation apps to AI tools to analyze traffic data, they do everything necessary to improve case prospects.

To get more insight, such legal experts can consult doctors treating their clients and local traffic authorities.

Conclusions

Various personal injury lawyers in San Diego offer services for car accident victims. It’s always a good idea to hire an attorney specializing in car accident cases who has case studies on their website talking about their experience with such claims. It is prudent to check the attorney’s track record in handling such cases and review client feedback. Find out who the legal experts in the city are. Make a list of the popular ones and contact several of them.

Technology such as 3D Scanning Transforming Accident Reconstruction and Improving Injury Claims

Post author By accidentclaimsblawg
Post date October 14, 2024

A growing number of personal injury law blogs and accident claims supplier sites are highlighting how new technology is transforming accident reconstruction and road traffic accident claims and further afield.

New high-tech tools like 3D modelling, black box data, and telematics are providing more accurate ways to assess accidents and assign liability.

These advancements offer clearer insights into the causes of accidents and the severity of injuries, improving the fairness of claims.

However, while this technology offers great benefits, it also raises challenges around data privacy and evidence interpretation, which legal professionals must carefully manage.

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The Effect of Telemedicine and Reduced Doctor-Patient Interaction on Medical Malpractice Cases

Post author By Personal Injury Claims Blawg
Post date October 13, 2024

The rise of telemedicine and a decline in face-to-face doctor-patient interactions have had significant implications for medical malpractice cases. This evolution in healthcare delivery has brought both opportunities and challenges in the context of medical negligence claims.

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Top 10 Most Common Causes of Car Crashes in New York

Post author By accidentclaimsblawg
Post date October 4, 2024

During July 2024, the bustling streets of New York City were the scene of 7,371 motor vehicle collisions. Tragically, nearly 4,000 individuals, including drivers, passengers, cyclists, and pedestrians, suffered injuries as a result of these wrecks, and 17 lives were lost. It is concerning to note that over half of these collisions occurred in the boroughs of Brooklyn and Queens, highlighting the need for increased safety measures in these areas. Interestingly, Staten Island experienced a significantly lower number of traffic crashes, with only 384 collisions, making up just 5% of all accidents in the city during that month.

According to Rosenbaum & Rosenbaum, many traffic accidents in New York City result from the involvement of 12 specific factors. These factors are known to play a significant role in contributing to most collisions in the city.

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Top 9 Accident Claims Blawg Legal Blogs & Pages

Accident Claims Blawg is a trusted resource for personal injury claims, offering valuable legal insights across various jurisdictions. Below are the top 9 blog posts and pages that provide essential information and tools for anyone dealing with accident claims and personal injury law.

Accident Claims Blawg: Personal Injury Legal Blogs & Claims Guides – A comprehensive guide on personal injury claims, legal advice, and accident compensation resources.
Personal Injury Lawyers US – Great Accident Attorneys in America – Discover top personal injury lawyers in the US who can help with accident claims and compensation.
Personal Injury Compensation Calculators in the US, Australia and UK – A valuable resource offering compensation calculators to estimate personal injury payouts across different regions.
Personal Injury Claims Lawyers in Australia – Learn about personal injury lawyers in Australia who specialize in helping victims with compensation claims.
Workplace Accident Claims Lawyers Australia – A focused guide for workplace injury claims and legal support in Australia.
Personal Injury Attorney Legal Directory – Find Top Accident Attorneys USA – A directory of top-rated accident attorneys in the USA, helping victims find expert legal representation.
Injury Lawyer Directory – Find the Best UK Personal Injury Law Firms – A directory of the best personal injury law firms in the UK, ensuring claimants get the legal help they need.
Accident Claims Lawyers UK – Access information about experienced accident claims lawyers in the UK for handling personal injury cases.
Personal Injury Law Blogs & Guest Accident Claims Blog Posts – A hub for guest posts and personal injury law blogs, offering insights from legal experts and professionals.

These posts offer legal information, tools, and directories for navigating accident claims in the US, UK, and Australia. If I can ever be of any help please do get in touch through our contact page.

Whiplash reforms a pain in the neck for victims

Post author By Personal Injury Claims Blawg
Post date September 7, 2024

Three years since they were introduced, changes to legislation relating to whiplash injuries appear to have benefited only the insurance companies and are failing the victims and all motorists, suggests Personal Injury experts Armstrong Luty Solicitors.

From 31^st of May 2021 the Government introduced a fixed tariff award for compensation for this form of injury which has impacted considerably on the financial remuneration for many victims who might otherwise have been awarded more realistic compensation.

For the purposes of insurance claims, the definition of a whiplash injury is damage to soft tissue in the neck, back or shoulder consisting of a sprain, strain, tear, rupture or lesser harm to a muscle tendon or ligament that does not take more than 2 years to recover. It applies to a person suffering such an injury whilst being carried in a motor vehicle on a road or other public place, with a small number of exceptions.

The reforms introduced a fixed tariff award table setting compensation for whiplash injuries and linked minor psychological injuries based on the recovery period, so for a recovery period within 3 months, for example, the award is limited to just £240 and if recovery takes up to two years, it increases to £4215 with some limited scope for a maximum of 20% more in ‘exceptional cases’,

The insurance company do not have to pay anything towards solicitors’ charges. This means a victim with a whiplash injury now receives, compared to the position before the introduction of these reforms, a relatively paltry award and nothing towards their legal costs.

The Government’s Ministry of Justice presented these changes in 2021 on the premise that they would ostensibly produce savings of over £1billion. A new user-friendly online claims’ portal would simplify the claims process and, we were told, insurers had “pledged” to pass on the savings from the reforms with car insurance premiums for each motorist “expected to be slashed by around £35 a year”.

Not surprisingly, two and half years on, the reality is that the reforms have left injured parties significantly worse off. At the same time, according to the Office for National Statistics, motor insurance policies have increased by 19%.

Far from helping claimants the new online system is too difficult for many claimants to circumnavigate. Only 9% of claimants have managed it without the legal assistance it was purported to eliminate.

The conclusion is that the only beneficiaries are the motor insurers who are no doubt delighted in the significant decrease in compensation pay-outs with the cost of injury claims to insurers reduced significantly.

Top Personal Injury Lawyer Directories – Celebrating Great Law in the UK, US, Australia, Canada & Ireland

Post author By accidentclaimsblawg
Post date July 31, 2024

Personal injury law is a vital area of legal practice, offering essential support to those seeking justice and compensation after experiencing harm or loss.

Across the UK, US, Australia, Canada, Ireland, and beyond, numerous legal directories have emerged, highlighting the best personal injury lawyers and law firms committed to client advocacy and excellence.

These directories serve as invaluable resources, connecting individuals with top-rated legal professionals who can provide expert guidance and representation. Here, we celebrate the top 10 personal injury lawyer directories, each playing a pivotal role in showcasing the finest in the legal profession.

Great Legal Directories for Personal Injury Lawyers and Clients

Five Fantastic Lawyers stands out for its unique approach to personal injury lawyer listings. Focused on quality, it curates a selection of five outstanding lawyers for each legal speciality and location, including personal injury law. By employing a thorough five-point review process, which evaluates reputation, client feedback, professional experience, history, and trust, Five Fantastic Lawyers offers a curated experience that simplifies the decision-making process. The platform’s emphasis on transparency and merit—without paid listings—ensures that clients connect with highly reputable lawyers who are truly exceptional in their field.

Legal 500 is renowned for its extensive research and authoritative rankings of law firms and lawyers. It covers a broad range of practice areas, including personal injury law, and is highly respected for its in-depth editorial content. Based on client feedback and interviews with lawyers, Legal 500 offers detailed insights into top personal injury lawyers and law firms across various jurisdictions. It serves as a trusted guide for clients looking for proven legal expertise and for legal professionals striving to achieve recognition for their outstanding work.

Chambers and Partners has long been a benchmark for excellence in the legal world. Known for its meticulous research and robust analysis, Chambers provides reliable rankings of solicitors and law firms globally, including in the area of personal injury law. Its rankings are based on comprehensive interviews with clients and legal professionals, ensuring only those with a solid reputation for excellence are featured. Chambers remains a trusted resource for clients seeking top-tier legal talent and for lawyers who aim to establish themselves among the best.

Best Lawyers is a distinguished directory that relies on peer review to identify leading personal injury lawyers across various jurisdictions. Its long-standing reputation and rigorous evaluation process ensure that only the most highly regarded legal professionals are listed. Best Lawyers provides clients with a reliable guide to finding top personal injury solicitors who have been recognised by their peers for their skill and commitment to the law.

Super Lawyers is celebrated for its unique selection methodology, combining peer nominations, independent research, and evaluations. It identifies outstanding personal injury lawyers who have achieved significant professional success and peer recognition. The directory also highlights emerging talent with its “Rising Stars” list, making it a comprehensive platform for both established and up-and-coming legal professionals in the personal injury field.

Martindale-Hubbell is one of the most respected names in legal directories, known for its peer-reviewed ratings. The AV Preeminent Ratings signify a lawyer’s high ethical standards and professional ability, particularly in areas like personal injury law. With over a century of history, Martindale-Hubbell continues to be a trusted resource for clients seeking top-rated personal injury lawyers.

Avvo offers a comprehensive and client-focused platform with detailed profiles, client reviews, and lawyer ratings. It enables individuals to make informed choices by providing extensive information on personal injury lawyers, including their background, client feedback, and disciplinary records. Avvo’s interactive Q&A forum further enhances its value as a helpful resource for legal guidance.

Justia is dedicated to making legal information accessible and provides a robust directory of personal injury lawyers. Alongside a vast collection of legal resources such as articles, guides, and case law, Justia ensures clients have access to high-quality legal knowledge and expert lawyers, supporting them in making informed decisions.

FindLaw offers an expansive network of personal injury lawyer listings along with a rich repository of legal articles, guides, and news. It is a valuable tool for clients seeking expert legal representation and for lawyers who wish to maintain visibility and credibility in their field. The platform’s easy-to-navigate interface makes it user-friendly for connecting clients with top-rated personal injury solicitors.

HG.org (formerly Hieros Gamos) provides an international directory of lawyers and law firms, covering personal injury law and many other areas. Its global reach and detailed listings offer clients and legal professionals valuable resources for connecting with highly skilled personal injury lawyers across different jurisdictions.

These top 10 legal directories—from Five Fantastic Lawyers to Chambers and Partners—celebrate the dedication and excellence of personal injury lawyers worldwide. They play a crucial role in connecting clients with top legal talent and recognising great law firms across the UK, US, Australia, Canada, Ireland, and beyond. By highlighting the best in the profession, these directories ensure access to quality legal representation, helping individuals find the right lawyer to support them through challenging times.

“Suing a Doctor for Malpractice is Difficult, But We Can Help”

Contribution from medical malpractice lawyers in Ontario in Canada

Suffering from a healthcare professional’s negligent act or omission is difficult to begin with, and, unfortunately, attempting to pursue legal recourse is also difficult. If you or someone you care about wishes to pursue a medical malpractice case, it is important to know how these cases operate in Ontario.

1. The Test

To succeed in a medical malpractice case, you, the Plaintiff, must prove both:

That the physician in question breached the standard of care that is reasonably expected for the treatment you received; and
That the breach of the standard of care caused your injury and resulting damages.

2. Standard of Care

It is important to note that the standard of care is not a standard of perfection. There are certain things that clearly cause harm but are within the standard of care for a particular procedure. For example, a known complication of an angioplasty, or the reopening of a blocked artery, is a tear in the lining of the artery. Although this tear clearly causes harm to the person who endures it, the harm may not be a breach of the standard of care, given that it is a known complication.

3. Causation

In contrast, there may be cases where there is a clear breach of the standard of care, but a challenge arises when trying to prove that the breach caused the injury in question – this is known as causation. The generally accepted test in our courts is the “but for” test, which requires Plaintiffs to prove that but for the Defendant’s negligence, the injury would not have occurred.

4. Expert Support

To prove a breach of the standard of care and causation, Plaintiffs must rely on the opinions of experts to support their case. Experts in malpractice cases are other medical practitioners who provide support, or indicate lack of support, for the two parts of the test. Without expert support for both parts, the case will not succeed. For Plaintiffs, gaining expert support can be difficult as it requires doctors who are willing to comment on and critique their colleague’s work. Retaining experts is also costly, and they must have some degree of knowledge of the law.

5. The CMPA

For Defendants, however, obtaining expert support is typically easier as the Canadian Medical Protective Association (CMPA) has a vast network of experts. The CMPA vigorously defends doctors in Canada all the way to trial. With billions in assets*, it should come as no surprise that the CMPA certainly has an advantage over those who have suffered from medical malpractice when it comes to pursuing litigation.

6. Costs

Lastly, in terms of advancing litigation, Ontario follows a loser pays system. That means that if you decide to take someone to court and you lose, you may have to pay a portion of, or all of, the successful side’s legal costs. Costs in Canada can easily reach hundreds of thousands of dollars and this regime acts as a strong deterrent to pursuing litigation. In many cases, the legal costs and fees themselves will be much higher than any potential reward a Plaintiff may receive, making the pursuit of litigation meaningless. This can be true both for an adverse costs award (paying the other side’s costs), and even for payment of your own firm’s fees.

7. How We Can Help

Although winning a medical malpractice case is extremely difficult, it is not impossible. Bogoroch & Associates has years of experience delivering excellent client service and earning our reputation as one of the top ten personal injury boutiques in Ontario. Not only will we pay to retain expert support for your case, we also have a roster of qualified individuals to provide their opinions. We also operate on a contingency fee agreement basis to ensure that justice is available to all – if your case is lost you will not have to pay anything. We do this because we believe in our expertise to help you obtain justice and the compensation you deserve. We do not hesitate to take a winning case to trial and would be honoured to help you or your family.

*Source: https://www.cmpa-acpm.ca/static-assets/pdf/about/annual-report/2019/annual-report-e.pdf

Bogoroch & Associates LLP is experienced in all aspects of personal injury and medical malpractice litigation. We have the confidence and skill to advance your motor vehicle accident or medical malpractice claim to settlement or trial while helping you navigate the complex medical, legal, and insurance issues.

Our experience, commitment to excellence, and reputation have long been recognized. Our founding partner, Richard M. Bogoroch, has been recognized as a leading personal injury lawyer by The Canadian Legal Lexpert Directory and by The Best Lawyers in Canada. The Canadian Legal Lexpert Directory and The Best Lawyers in Canada are two highly regarded lawyer rating publications.

If you or your loved one has been injured in an accident or believes that you are a victim of malpractice or negligence, reach out to a personal injury or medical malpractice lawyer to understand if you too have a claim. Please contact any of our personal injury lawyers at Bogoroch & Associates LLP for a free consultation.

Contact a personal injury lawyer near me by calling 1-866-599-1700 or visit our Contact page for all inquiries.