Personal Injury Law Blogs

Transport firm owner sentenced after death at work

The owner of a Lancashire transport firm has been fined and ordered to pay costs of a combined value of £55,000 after one of his employees died in the course of employment.

Mr Mark Wintersgill, 25, was working at PPR Transport Services in Lutterworth as a mechanic when the fatal accident occurred on 25 June 2012.

The mechanic was attempting to jack up the axle of a double-decker HGV trailer on the day in question using an air-jack powered by a compressor. He was, however, attempting to jack up the trailer on a concrete ramp – which may have destabilised it. It further appeared from subsequent investigations that Mr Wintersgill may have used two wooden blocks to further increase the height of the jack – another thing which may have destabilised the trailer. He was carrying out the work under the trailer when the trailer rocked forward suddenly and the jack shot out from under the axle, striking Mr Wintersgill in the head. The mechanic was later pronounced dead at the scene from catastrophic head injuries.

It is not currently known whether Mr Wintersgill’s family have attempted to claim personal injury against the firm.

The Health and Safety Executive were subsequently notified of the accident and took steps to investigate the death. This investigation found that there had been a number of health and safety breaches which could have caused or contributed to Mr Wintersgill’s death:

  • A failure to implement a safe system of work
  • A failure to properly control and assess work at the site
  • A failure to provide adequate safety measures, training and equipment

The HSE therefore recommended that the firm be prosecuted for breaching health and safety regulations.

The matter came to the Leicester Crown Court on 15 October 2013. Mr Roberts, 51, pleaded uilty to s.2(1) of the Health and Safety at Work etc Act 1974 and, as a result, was fined £12,000 and ordered to pay costs of £43,000.

HSE Inspector David Lefever stated after the hearing: “This was a tragic incident that could have been prevented had a few basic precautions been taken. Mr Roberts should have ensured that this regular work activity was carried out in a safe location on firm, level ground. He should also have ensured his employees were supplied with the correct equipment and that they were trained in how to use that equipment safely.”

Neither Mr Roberts nor his criminal defence solicitors appear to have commented after the hearing.

Chris Hadrill, an employment solicitor at Redmans, commented: “Both owners and the companies that they run have obligations to their staff to ensure that the work that their staff are undertaking is – among other things – both adequately supervised and that they are trained in such. A failure to do so could result in a prosecution for failing to comply with health and safety standards.”

Redmans Solicitors are employment law solicitors based in Richmond, London

The Case Against Punitive Damages in Civil Litigation

Upon the conclusion of a civil lawsuit, a jury is often faced with the prospect of remunerating the plaintiff with one of two damages: compensatory damages and punitive damages. This is especially true in tort cases, which involve injurious harm by one party to another party. The punitive damages award seeks to further punish a defendant beyond actual damages caused as a way of sending a message to others who may engage in the same injurious behavior.

Often times during an appeals process, an appeals court will reduce or eliminate the punitive damages portion of a civil case award. This raises questions about whether punitive damages are necessary. There is a case to be made that such awards are necessary in certain cases where the extent of “bad conduct” being punished was long-standing and ignored by the defendant even in the face of overwhelming evidence. These cases, however, represent a small minority of civil litigation suits. Generally, punitive damages actually have more of a detrimental effect on altering future behavior than anything else.

The Development of Punitive Damages 

The concept of awarding punitive damages appears to have started as early as the late 1950s in the case Comunale v. Traders & General Ins. Co. Although in existence for nearly six decades, punitive awards associated with tort cases — although they may be seen in other forms of civil litigation — constitute between three to six percent of all cases, with an average median award of under $50,000.

Do Punitive Awards Deter Bad Behavior?

There are arguments within the legal community about the effectiveness of punitive damage awards as a behavioral deterrent. Punitive awards generally constitute such a low amount of the total award that it would be difficult to draw a correlation between the amount of awards given in civil cases and their effect on behavior.

There are exceptions with respect to large punitive damage awards. In 1994 Stella Liebeck was the plaintiff in a case against McDonalds Corporation involving burns she received on her lower body from coffee that was approximately 190 degrees. After attempts to recover $90,000 in damages associated with her medical expenses and pain and suffering — McDonald’s counter offered $800 although it had paid $500,000 in other cases — a New Mexico jury awarded $2.94 million in punitive damages. On appeal, the amount was reduced to $480,000 and Ms. Liebeck received an undisclosed amount even lower than that. McDonald’s changed its practices as a result of the case, placing a warning on their cups and lowering the temperature at which they brewed coffee.

The Case for Tort Reform

The Liebeck case was a rallying call for tort reform in the 1996 Presidential campaign, becoming a platform issue during the Republican Nomination Convention in San Diego. To this day, many believe that the small amount in damages awarded and the infrequency of these awards fails to support their need as a continued deterrent against a defendant’s misconduct.

Additionally, assigning liability through awards that properly compensate a plaintiff for their actual loss suffered may have a larger effect on deterring future behavior than adding excessive liability amounts that generally result in settlement delays.

Byline

Paul O’Connor, a freelance legal blogger based in Sacramento, CA, understands that civil litigation is a very complex area, one which needs substantial attention and potentially dramatic transformations. Those who need assistance navigating the waters of personal injury litigation should contact an established Los Angeles Personal Injury attorney.

Dog Bite Injuries: What does the Law Say?

(U.S. Personal Injury Law and generally) It is easy to say that Americans love to own dogs. They spend billions of dollars each year on purchasing dogs, buying food and accessories, and paying veterinary bills. People love to make their dogs a “part of the family.” Sadly, many of these people do not take the time, or have the patience, to teach their dogs how to behave properly around other people. Some of these people neglect the animal’s altogether, making these poor dogs aggressive and mean. A recent report was issued by the Humane Society stating that over 4.7 million people are bitten by dogs each year, with an estimated $1 billion in damages.

Dog Bite Laws

Dog bite laws will vary from state to state and in many cases city to city. While a state can set forth a specific law regarding dog bites, cities have the right to make even stricter laws. However, most areas just apply the state law to any dog bite case.

The most common law found in the United States is the “one-bite” law. What this means is that every dog is allowed one “free” bite before the owner can be held financially accountable for the actions of their dog. The law was enacted in this manner to account for the unpredictability of an animal’s actions. However, there are exceptions to the rule.

If the first dog bite caused excessive harm to a person or property, the free bite may be overlooked by the Court. In addition, if the dog escaped the property on which it was being kept and attacked someone, the free bite is almost always overlooked. In GA, Stokes & Kopitsky, P.A., a law firm attorney for dog bites in Atlanta area, stated “Nearly all fatal dog attacks involved intact male dogs, and more than half of all human deaths involved unrestrained dogs on their owner’s property.”

When a Bite has Occurred

Once the first dog bite injury has occurred, the owner is placed on notice with the state and will become financially liable for all the actions of that dog from that point forward.

While each state law is worded different, once the owner has been notified that there is a potential issue with their dog, the following law goes into place: “A person who owns or keeps a vicious or dangerous animal and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury, may be liable in damages to the injured person.” This quote was taken directly from the annotated version of Georgia’s dog bite statute.

The wording for this particular law in Georgia is very similar to every other state which has the one-bite rule.

Retaining an Attorney

Anyone that has been bitten by a dog should seek the assistance of a dog bite attorney. The victim of this type of event will not know if the owner has been placed on notice before, and will need the assistance of a local experienced attorney to see if they are entitled to compensation.

Additionally, since dog bite laws can vary so much from area to area, seeking the assistance of an attorney will help you to protect your rights. Your action in this manner can also help to protect others from being mauled by that same dog in the future, or have the dog removed from an abusive home to a place where it can be properly cared for and taught to be less aggressive.

Laws can be tricky, confusing and different from state to state when it comes to dog bites and legal cases. Whether it’s an attorney for dog bites in Atlanta or San Francisco, it is important for a person to retain a local injury attorney who is knowledgeable about them to represent their case. An experienced lawyer up to date on all the local, state and federal laws regarding bites will help ensure a more successful case when filing a law suit.

What is a Required Intoxicated Driver Resource Center?

Each state has chosen an approach to dealing with the safety problem of driving under the influence. All states implement a comprehensive alcoholic driver education program of some type, but New Jersey may be the strictest in the nation, so we’ll use this state for our subject. Individuals convicted of driving under the influence are required to enroll in the locally incorporated program, but all convicted impaired drivers are also required to undergo psychological evaluation for potential alcoholism and addiction severity. Additionally, failure to complete the education process according to the prescribed timetable can affect how quickly the convicted impaired driver can have driving privileges reinstated. In some cases, privileges can be suspended indefinitely.

What are the IDP and IDRC?

The IDP is the Intoxicated Driving Program and they coordinate all responsibilities of convicted DUI drivers within the state of New Jersey. The program is intended to help indigent convicted intoxicated drivers get the treatment they may need, regardless of resources. They are the oversight agency that partners with regional IDRC NJ facilities across the state.

The Intoxicated Driver Resource Centers (IDRC) are required to interview and evaluate all convicted drunk drivers in the state, often including those from out of state if they live within a specific proximity of the state border. Convicted intoxicated drivers from other states can be allowed to satisfy the requirements in their home state, but all program fees must be paid to the New Jersey Motor Vehicle Commission. Additionally, driving privilege reinstatement is also determined by the state of New Jersey.

How Does the Program Work?

The program basically educates convicted DUI drivers with two programs, depending on individual evaluations. Primarily determined by the number of offenses by the convicted driver, the defendant can be recommended for either a 12-hour or 48-hour program. The 12-hour program can be completed in two consecutive days of six-hour educate and evaluation sessions. The 48-hour program is two days incarceration in the authorized facility for the local court system, or 48 consecutive hours, while a comprehensive education and evaluation analysis is performed. The IDRC then issues a treatment recommendation for the client.

The program requirements can range from formal enrollment in a full-service treatment facility to documented evidence of attending a self-help program. This is a significant latitude in treatment assignment, which is also subject to court determination.

The Need for a DWI Attorney

Any DWI defendant in New Jersey must have an attorney because even the first offense can carry an incarceration period of up 30 days in jail. Any defendant facing jail time is required to have a legal representative. Additionally, many DWI cases are filed on borderline evidence, and all other case particulars are also subject to questioning from the attorney.

Attorneys are court officers just like arresting police officers. All traffic stops may not have been conducted exactly according to arrest protocol, so an experienced and effective DWI attorney can conduct his own investigation into the incident. Eliminating evidence can be a real advantage when negotiating a case settlement, especially considering that a reckless driving plea negotiation eliminates all IDP requirements and reduces any driving privilege suspensions. The attorney is well worth the investment in adjudication.

It is important for multiple offenders who are facing solid prosecution cases to understand that the 48-hour program is standard. Multiple DWI convictions demonstrate that earlier punishments and treatment plans did not get the message across. The state of New Jersey is serious about public safety, and according to defense attorney Evan Levow, its IDRC NJ ensures that multiple offenders can count on a comprehensive punishment plan, including incarceration. It is important to have an attorney who is willing to maintain court consistency when dealing the rights of the defendant, such as sentencing guideline compliance.

 

NY Construction Third Party Injury Claims: When can These be Filed?

Construction is a dangerous industry. In 2011, 17.6 percent of all fatal workplace accidents occurred in positions in the construction industry. Falls, electrocution, and blunt force injuries are all threats on the job site. When an injury occurs on the job, workers will often be eligible for workers’ compensation benefits. However, there are many situations in which victims will wish to file a third party claim.

What is a Third Party Claim?

As the name suggests, a third party claim is a claim against a third party. In a third party claim, victims make a claim against another entity, alleging that they were responsible for the injury. Third party claims are available to injured victims in a number of situations, where the third party was negligent or strictly liable for the injury.

Negligence and Third Parties

Negligence is a tort, or a wrongful act resulting in legal liability. Negligence occurs when a party breaches a duty of care owed to another party and where that breach is both the actual cause and proximate cause of the injury. Parties owe a number of duties to one another, including duties assumed expressly or otherwise; generally, parties have a duty to act as a reasonable person with their levels of skill and knowledge would if similarly situated.

This reasonable person standard is nebulous and includes a wide variety of conduct. On a construction site, it may include failing to check the area before moving heavy equipment or reconnecting a power source before ensuring that everyone is clear of any potential hazards. Failing to live up to the reasonable person standard or fulfill other duties will result in a breach of that duty.

Additionally, there must be a causative link between the breach and the injury. The type of injury must be reasonably foreseeable from the breach. Intervening events may supersede the originally negligent act and absolve the negligent actor of liability, placing it on another party. A successful claim for negligence will result in an award of damages.

Defendants may defend against a claim for negligence by claiming that the other party was also negligent. New York uses a pure comparative fault rule where plaintiffs can recover even if they are primarily at fault for the injury. A court judge or construction accident lawyer New York based will counsel that these damages awarded in such a case will be reduced by the amount of the plaintiff’s negligence.

Strict Liability and Third Parties

In the State of New York, concept related to negligence may be found in the area of products liability. Under Codling v. Paglia, 32 N.Y.2d 330 (1973), entities are strictly liable for products that they sell provided that the product was defective when it left the defendant’s hands and when that specific defect constituted a “substantial factor” in causing the injury when the product was being used in a reasonably foreseeable manner.

Product defects may include manufacturing defects, design defects, and marketing defects. Manufacturing defects occur when the product differs from its intended design. Design defects occur when the design made the product dangerous and where there was an economically feasible alternative design available at the time that the product was designed. Marketing defects are failure to label or otherwise warn users about reasonably foreseeable dangers posed by the product.

Strict liability differs from conventional tort claims in that proving negligence is unnecessary. Plaintiffs who can prove that a manufacturer put a defective product into the marketplace may prove negligence with relatively little effort, but proving that a retailer was negligent in not inspecting every unit will be too high a burden in most cases. Simply proving the aforementioned factors will render the supply chain jointly and severally liable for the damages, although the plaintiff’s award may be reduced if he or she failed to exercise reasonable caution in using the product or could have discovered the defect through reasonable caution and circumspection.

Strict liability may also be found in other areas related to construction. Entities engaged in abnormally dangerous activities are automatically liable for any damage that is caused by that activity. Courts typically find that blasting, demolition and pile driving are abnormally dangerous activities. A victim injured by a subcontractor or other third party engaged in such activities while at work may file a third party claim against that party even if he or she was not negligent. Other activities, like window washing, may also result in strict liability being imposed on certain parties.

Why File a Third Party Claim?

Employers are required to cover employees under New York’s workers’ compensation law. However, workers’ compensation is significantly limited in scope. In New York, claimants are limited to 2/3 of their lost income multiplied by the percentage to which they are disabled. Direct medical expenses are fully covered. Limited death benefits and supplemental benefits are also available. Total compensation for lost income and compensation for other damages is unavailable.

Filing a third party claim makes victims eligible to receive compensation, with the help of a local experienced accident lawyer, for pain and suffering, mental anguish, and other damages. Plaintiffs may recover the full amount of their lost income and possibly other forms of compensation such as the cost of modifying one’s home for disability access. Punitive damages may also be available. These damages greatly exceed the relatively meager benefits offered by workers’ compensation. For victims of workplace injuries, this may be the difference between being able to stay in one’s home and facing severe financial difficulties.

A secondary reason to file a third party claim is to deter future wrongful conduct. Negligent actors who are not punished have no incentive to change their habits. The next person injured by a careless equipment operator or manufacturer may be killed. By ensuring that negligence is not tolerated, victims can improve the safety of their workplaces and society as a whole.

Legal counsel will be invaluable in the event of any workplace injury, whether from a construction accident lawyer New York or San Francisco based. Consulting with an experienced local attorney allows victims to discuss their options for filing claims against third parties or their own employers. If no cause of action exists, legal counsel can assist claimants in applying for workers’ compensation and possibly Social Security disability benefits. Such processes are rife with their own issues, including under-reported injuries and wrongful denials. Those who suffer an injury at work should seek legal counsel as soon as possible.

Protecting your Driving Record: Lose Your Bad Driving Habits

As your years as a driver multiply, your sense of comfort with doing multiple tasks behind the wheel may increase. However, if you aren’t careful, you can develop bad driving habits. And bad driving habits can lead to a traffic citation, time and money spent on court, and even worse, a collision or accident. These days keeping your eyes on the road is becoming more and more essential not only to preserve your driving record, but possibly, your life.

While you may feel confident that you can juggle two things at once while driving, it’s bad practice for you to become so distracted that you lose focus on the primary reason for being in the vehicle: Driving.

Are you guilty of these bad habits?

All drivers make mistakes every now and then, but below are some of the bad habits that can be detrimental to a driver at any given time:

1. Talking and texting

If your mobile phone rings, it’s difficult to resist the urge to let it go into voice mail. If someone sends you a text, you feel you have to respond, but actually, you do not. These days cell phones have a lot of hands free options as well, such as voice recognition and speaker phone.

2. Eating and drinking

Eating food and sipping a soda or coffee requires taking at least one hand off of the steering wheel, although some drivers can manage driving with no hands! Eating and drinking, while manageable, is not advisable.

3. Speeding

Of all the infractions that can get you cited, “speeding is the most common infringement,” says one Orlando speeding ticket attorney. Crank up your CD player or MP3 player and it is easy to speed down the road in sync with the drum beats of your favorite tunes. Be conscious of your music choices and pick something that doesn’t cater to your aggressive side. Running late to work or to an appointment is another reason why drivers feel a need to speed. Give yourself plenty of time to make it to scheduled appointments or engagements.

Are those flashing lights behind me?

These and other bad driving habits can prompt police to give you a citation or possibly worse. In some states, texting and driving is a secondary offense, which means that the police officers have to stop you for a primary offense, such as speeding. So if a police officer actually witnesses you speeding and texting, you are going to get at least one ticket, maybe two.

But there are times when police officers cite you for reasons that you may want to challenge, such as making a prohibited left turn, but the “No Left Turn” sign was hidden by tree leaves.

Getting a ticket means that points will go on your driver’s record, and your car insurance company will increase your insurance costs. If you received a ticket but had a legitimate reason for driving the way you did, you can challenge the fine in court.

How do you challenge a traffic ticket?

Your issued citation will have the date, time and location of the court in which you can challenge the ticket. But, you must be prepared to go into traffic court and defend yourself. If going at it alone places too much stress on you, consider hiring a traffic ticket attorney to represent you.

Traffic ticket attorneys can explain to a judge your situation and state of mind that caused you to react the way you did. For example, you may have been speeding to get a pregnant passenger to the hospital before she delivered her baby in your car. Whatever the issue, any experienced defense attorney, whether it’s an Orlando speeding ticket attorney or one from Seattle, will search for ways to either reduce the penalty or get the ticket dismissed.

In the meantime, determine to become a safe driver by eliminating your bad habits. Resist the urge to text and talk. Slow down and maintain your speed. If at all possible, eat and drink before you leave home. Keep your eyes on the road and you will avoid having to see flashing lights in your rear-view mirror.

 

 

 

 

 

Derek Sheely: A Case of Brain Injury and Wrongful Death

Football-related brain injuries continue to be a subject of contention recently. A woman is suing the NCAA, Schutt Sports company, and two college football coaches for the wrongful death of her son, Derek Sheely, who died due to brain injuries sustained during Division III preseason practices in 2011. A fullback for Maryland’s Frostburg State University died due to a combination of factors. Kristen Sheely, Derek’s mother, claims an ill-fitted helmet, barbaric drills forced by coaches, and the coaches’ negligence all contributed to her son’s death. She said, “Utter incompetence, egregious misconduct, false hope and a reckless disregard for player health and safety lead to the tragic death of Derek Sheely.”

When a death occurs, finding out who pays wrongful death damages is vital for family members. When a person or organization is responsible for a person’s death, affected family members may have a right to compensation.

The Helmet

The helmet Derek was wearing, which was made by Schutt Sports, was not accurately fitted to protect the young player from withstanding brain injuries. However, Kristen Sheely claims the University and its players were given a false sense of security with the “protective” gear. She suggests that the sportswear company did not take appropriate measure to test the helmet, and it ultimately failed to protect her son. As a result, the accuser claims Schutt Sports is responsible for the fatal injuries her son endured.

The Drills

Kristen Sheely describes the drills performed during the preseason practices as “a gladiatorial thrill for the coaches” instead of a learning experience for the players. The brutal “Oklahoma Drill” that caused Derek’s death is considered completely useless and extremely dangerous by many National Football League teams, and many refuse to accept it as an effective way to hone player skills. The deadly drill forced the Frostburg State University players to take thirty to forty blows to the head without the ability to defend themselves. Why would a Division III NCAA team adopt such a treacherous drill that most NFL teams won’t even use?

The Coaches

Within a three day period, Derek Sheely was forced to attend two-a-day practices in which he sustained continuous head injuries, yet the school’s athletic trainer never stopped to check Derek, or any of the other players, for signs of concussion. Derek displayed two obvious signs of head injury– a change in behavior and physical wound. According to Derek’s teammates, his behavior became increasingly lethargic and he was bleeding from the head. Still his coaches did nothing to help him. Instead, Derek was verbally abused and forced to continue the fatal drill. Coach Shumacher yelled at Derek when he informed him of his condition. He said, “Stop your bitching and moaning and quit acting like a pussy and get back out there!” Derek succumbed to his brain injuries when a final collision with another player sent him into a coma to which he never returned.

As a result of Derek’s death, Kristen Sheely filed a lawsuit seeking compensation and punitive damages for her son’s wrongful death, product liability, and negligent hiring. She has also started The Derek Sheely Foundation that campaigns for awareness and prevention of sports-related concussions and head injuries through their Concussion Awareness Kits. This is an extremely sad case of brain injury claim, yet it shows the importance of a personal injury attorney not only to seek damages, but to raise awareness and force people to change their harmful ways.

Byline: Kristen Valek is a writer for Alamo Injury Attorneys, a San Antonio firm that specializes in Personal Injury Law. Kristen felt extreme sorrow while writing this post, it is such a sad story.

What Do You Do, If You Have An Accident At Work?

If you’ve had an accident at work, it’s wise to keep your wits about you. You must follow certain procedures and look out for your own interests. Here’s what to do, when your employer is negligent and you sustain a personal injury:

Health and Safety

Your employer must tick all the health and safety boxes. One of your company’s requirements is to keep an accident book. You must your report your accident – even if it’s small – to your employer and get the incident written up, as soon as you’re well enough to do so. Your employer has a duty of care over you and your co-workers, so they should do everything in their power to keep you safe at work.

Obtain Evidence

You don’t have to go Sherlock Holmes on your place of work, but try to amass as much evidence as you can that your employer was negligent. If it’s impossible to do this yourself, then see if you can enlist a co-worker to collect evidence for you. Focus on getting photographic evidence and eye-witness accounts. Without evidence, you’ll struggle to get together a case.

It often helps to get perspective, so try to include a ruler or a penny in the photo.

Receive Medical Care

Even if your injury is minor, immediately go and see a doctor about it. Your diagnosis is important and you should follow your doctor’s instructions. Even small injuries can turn out to be completely debilitating with time. Plus, you will need this document to support your case.

Be On the Right Side Of The Law

First off, you need to know your rights. It’s advisable to seek out a solicitor for advice, as soon as you’re well enough. Time is of the essence. The longer you leave it, the less likely you are to be successful with your claim. You should aim to claim within three months of the accident.

It’s best to deliver the legal work to your solicitor. Often, your representative will go through mediation with your employer and will come back with a satisfactory amount of compensation – many companies prefer to settle cases like this amicably. Sometimes, an agreement can’t be reached, and you have to prepare to go to court. Listen to your solicitor’s advice at this junction.

The Court Case

More often than not, you will have to see an independent medical professional, to confirm your injury. Your accident at work solicitor will assess all the financial losses incurred by your injury, such as lost wages. He or she will also give you an idea of how much compensation to expect from the hearing.

 

Don’t Be Afraid

Many people don’t claim against their employers because they’re frightened that they might lose their position. However, it’s against the law to be fired for making a claim, and you’ll be within your rights to take them back to court to claim unfair dismissal.

Claiming compensation for loss of taste and smell

If you’ve recently lost two of your five senses – the ability to taste and smell things, it can be a difficult and traumatic experience as you become accustomed to facing the variety of practical problems this creates.

While there are many ways that a person can lose their sense of smell or taste, it’s usually caused by some kind of head trauma, nasal or sinus disease, respiratory infection or botched surgery. While it could be temporary or permanent, it can have a big impact on your life and even make you less able to detect possible dangers in the event of a gas leak, smoke or being able to tell if food has rotten.

This can cause a decline in the quality of their life as a person can no longer enjoy the simple pleasures in life such as eating good food or enjoying pleasant smells. As a result, a person can develop depression and even psychological issues and in some cases, a worker may have to give up their job entirely as they are unable to use these two important senses.

The loss of these two senses is usually caused by head injuries and if permanent, it’s likely that the frontal lobes in the brain, particularly the first cranial nerve will be damaged. Jobs where a person can sustain serious head injuries are more likely in physically demanding roles such as warehouse work or construction industries which require working at height and within confined spaces.

Any number of incidents could occur, for example a fall from a ladder, scaffolding or machinery onto hard surfaces. A head injury could be sustained from a trip where the head carries most of the impact, or if the worker runs the risk of objects falling from a height. In all of these instances, hard huts should be provided to staff by their employers along with other protective equipment so as to reduce the risk of head injuries.

It’s also possible to lose your smell or taste if exposed to toxic fumes which are inhaled on a regular basis in excessive qualities. You could have even lost these senses through invasive surgery which has damaged the nerves around the nose and mouth, or experienced an allergic reaction while under anaesthetic.

If you believe that your loss of taste or smell is the result of any of these instances of negligence, then you may be eligible to claim compensation. While the compensation awards will vary widely due to each individual being affected by loss of taste or smell differently, the awards are usually high.

If you’ve lost both your sense of smell and partial taste, compensation awards are often in the region of around £22,650, while complete loss of smell and partial taste regularly produce awards between £19,000 and £23,000. For loss of smell independently the figures are around £14,000 and £20,000 and compensation for loss of taste on its own is worth around £10,000 and £15,000.

It’s worth noting that these awards are reflective of the cost of medical care and the impact this will have on your loss of senses along with any current jobs or future employment possibilities.

To determine your claim’s worth, get in touch with a personal injury solicitor who can assess your claim and advise you on any compensation awards which you may be able to receive.

Tim Bishop is senior partner of Bonallack and Bishop, specialist accident compensation claim solicitors. For more information about claiming compensation, visit their specialist site at http://www.how-to-claim-compensation.co.uk or call them directly on 01722 422300.

 

What types of damages can be recovered in a personal injury claim?

For people who have been injured in an accident in Washington State, the law states that the injured party is entitled to be compensated for their losses, inasmuch as this can be accomplished with money. In general, damages in a personal injury claim are awarded for the purpose of placing the victim in the position that they would have been in if the injury had not taken place.

The attorneys of Brett Murphy have been handling major personal injury and wrongful death claims for more than four decades. They have created an information video that explains the different types of damages that can be recovered in a claim. They have also created a video with information on how the insurance claims process works, so that folks have a good idea of what to expect as they move through the process.

Compensation in a personal injury case comes in six different forms:

1. Property damage – This includes the full repair or replacement cost of your vehicle that has been damaged in the crash, as well as any other equipment or property that is damaged.

2. Medical expenses to date – If your health insurance plan has been paying your medical bills, you do have to pay them back out of the settlement or verdict you receive. While a good attorney can often negotiate with the insurance company to reduce the amount you need to pay back, the basic rule is that you are entitled to have your medical bills to date paid in full. Often an injured person is still undergoing medical treatment when a claim is made or a lawsuit is filed. In this case, medical expenses continue to grow and their cost needs to be evaluated and included in any settlement or verdict.

3. Future medical expenses – You are entitled to a sum of money which will be sufficient to pay your estimated future medical bills. Included in your settlement is a one-time lump sum payment for all anticipated future medical care. A good attorney has methods to estimate the cost of future care, including obtaining from a doctor a diagnosis, a prognosis (what is likely to occur in the future), and a treatment plan, and then convert that to a dollar figure representing future medical care.

4. Lost wages to date – Your employer provides this information to be factored into your claim. This is more challenging when you are self employed, but typically this is mainly a matter of collecting your earnings data.

5. Lost future earning capacity – If you are temporarily or permanently, partially or completely unable to work, you are entitled to a lump sum representing the difference between the amount you could have earned before the injury and the amount you can earn now. This is determined by hiring experts who conduct a physical capacity evaluation and vocational rehabilitation, and then quantify the impact of the injury on your employment by obtaining a written opinion from an expert in economic loss.

6. General damages for pain, suffering, disability, and disfigurement – This is the most difficult item to evaluate. You are entitled to be compensated for a life changing injury, but what is the appropriate monetary value to be compensated for ongoing pain or life-changing disability? Your lawyer will have to convince the insurance company – or a jury – of the impact of the injury on your life, and will need to determine what dollar amount is fair, to enable you to reduce your general damages as much as money is able.

Dealing with the aftermath of an accident is very difficult, especially when serious injuries are involved. Whether someone decides to try to handle the insurance claim process personally or decides to hire an attorney, these different types of compensation need to be evaluated and included in any settlement negotiation.