Personal Injury Law Blogs

Construction firm fined after engineer killed by falling steel mast

An East London firm has been heavily fined by the Peterborough Crown Court after one of its employees was crushed by a falling metal mast at its site in Cambridgeshire.

Mr Nigel Sewell, 57, was working as a construction engineer at Universal Building Supply Ltd’s site in Wireless Station Park, Kneesworth, when the accident occurred on 19 September 2011. Mr Sewell was one quarter of a four-man team who were assembling a tri-mast at the rear of the site. This entailed the use of construction equipment in order to create the mast, including three mast sections in triangular formation. Two of the three masts had apparently been lowered into place when the accident occurred but the second mast wasn’t sitting correctly so Mr Sewell and a colleague attempted to force the mast into place using a sledge hammer and a crowbar. However, this didn’t work so a mechanical vehicle was used to push the mast into place. As he did so, both of the masts came away from their moorings and fell on Mr Sewell, crushing and killing him. He was pronounced death at the scene by medical practitioners.

The Health and Safety Executive (“HSE”) were notified of the accident and conducted an investigation into its circumstances. This investigation found that there had been numerous health and safety violations by Universal Builders Supply Ltd, including a failure to plan the work properly, a failure to supervise the work properly and that there had been no necessary separation of vehicles from the assembly process. It was therefore recommended that a prosecution be undertaken against Universal Builders.

This prosecution took place over the space of a week at Peterborough Crown Court, with the last day occurring on 4 September 2013. Universal Builders Supply Ltd had been found guilty of three offences of breaching the Health and Safety at Work etc Act 1974, the Lifting Operations and Lifting Equipment Regulations 1998 and the Management of Health and Safety at Work etc Act 1974. It was therefore fined a total of £125,000 and ordered to pay the prosecution’s costs of £40,000.

It is currently unknown as to whether Mr Sewell’s family will claim personal injury for any financial losses they have suffered as a result of his death.

Chris Hadrill, an employment solicitor at Redmans, commented on the health and safety aspects of the case: “Employers have strict obligations to comply with health and safety legislation in the United Kingdom, and in order to avoid violating the Health and Safety at Work etc Act 1974 businesses must take reasonably practicable steps to ensure that neither their employees nor third parties have their health, safety and/or welfare endangered by working practices.”

Mr Graham Tompkins, an HSE Inspector, said: “This tragic death could have been prevented had simple safety measures been thought through and put in place. Universal Builders Supply Ltd failed to plan the work properly, to provide appropriate instruction and to ensure there was competent supervision of the operation.”

Redmans Solicitors are Hammersmith employment solicitors and settlement agreement solicitors

Kent company ordered to pay out over £180,000 after death of worker on the job

A Kent company has been ordered to pay out over £180,000 in costs and fines after a worker was killed whilst delivering building materials to a domestic address in November 2006.

Mr Brian Peek, 57, of Ashford address, was working for Moores Turf & Top Soil Limited as a delivery driver when the accident occurred on 20 November 2006. At the time of the accident he was supervising the unloading of bags of hardcore and aggregates at a domestic address, which entailed using a small crane and bucket shell on the lorry to grab the bags and lower them onto the ground. However, as Mr Peek unloaded the last bag he leaned over the back of the lorry to check its delivery and the crane swung round, trapping his neck. The injuries he sustained were fatal and he was pronounced dead by medical practitioners at the scene of the accident. If someone you know have experienced this kind of situation, it it important to seek the help of a workers compensation lawyer for legal advice.

The Health and Safety Executive was subsequently notified of the accident and an investigation was commenced. This investigation found that the company was responsible for potential breaches of health and safety regulations, such as the fact that the equipment supplied to Mr Peek was in a poor state of repair and that the system of work used by the company’s employees to unload the bags was unsafe. The investigation also found that if more suitable equipment had been used by the firm then the incident could have been prevented and that the firm actually did have more appropriate equipment that could have been used in the circumstances. A prosecution into Moores Turf & Top Soil Limited for breaches of the Health and Safety at Work etc Act 1974.

The case came before the Canterbury Crown Court on 9 September 2013. The company pleaded guilty to breaches of s.2(1) and s.3(1) of the Health and Safety at Work etc and it was fined £85,000 and ordered to pay the prosecution’s costs of a further £97,791, to bring the total payable to over £180,000.

There does not appear to have been any comment from the firm’s criminal defence solicitors after the hearing – a point which in itself, though, is not unusual.

HSE Principal Inspector Mr Mike Walters stated: “Brian Peek’s tragic death could and should have been prevented. The lifting equipment on the lorry was badly maintained and simply wasn’t safe for use. It was also unnecessary because the firm had better equipment more suited to the job, which could have been used instead.”

Chris Hadrill, a solicitor at Redmans, commented: “Employers have an obligation to comply with health and safety regulations such as the Health and Safety at Work etc Act  1974 so far as is reasonably practicable in order to minimize the risk to its employees’ and visitors’ health, welfare and wellbeing. The Crown Court clearly felt in this instance that Mr Peek’s employer had failed to take those reasonably steps and therefore failed in its duty to its employees.”

Redmans Solicitors are Hounslow employment solicitors and unfair dismissal solicitors based in London

Fraudulent personal injury claim lands Liverpool men in jail

Two men have been jailed after they attempted to defraud a leading insurer of almost £77,000 by faking a car crash.

Mr Kenneth Nash and Mr Darren Gallimore dreamed up the scam in X and put it into effect in March 2011, when Mr Nash told his insurer that his car had crashed into the rear of Mr Gallimore’s car in Old Courthouse Road, Bromborough. The insurer started to process the two mens claims for damage to their cars and Mr Gallimore also submitted a claim for personal injury based upon injuries which he said he had received in the car crash. Other members of the two fraudsters’ families also submitted claims for personal injury based premised upon whiplash injuries which they said they had sustained in the accident.

The fraud was only discovered after a search of social media sites found that Mr Nash and Mr Gallimore were friends. The police were notified of the potential fraud and a criminal investigation was started into the matter. This criminal investigation by the police recommended that Mr Nash, Mr Gallimore and a number of other people who had submitted claims relating to the fraud be prosecuted on counts of conspiracy to commit fraud by false representation.

The case came to the Liverpool Crown Court last week. The court heard that the insurer had discovered that the two men were friends during a cursory check of social media sites and that suspicions that the men had potentially faked the accident were bolstered when it was found by forensic examiners that damage to the cars was inconsistent with the event that both men said had happened. Both Mr Nash and Mr Gallimore pleaded guilty to conspiracy to commit fraud by false representation and they were each jailed for a period of 12 months. Four other family members who were also charged with conspiracy to commit fraud by false representation received suspended sentences, community service and supervision orders.

Judge Mark Brown told the two men: “You have pleaded guilty to conspiracy to commit fraud by false representation. This is commonly known as a ‘crash-for-cash’ or whiplash case in which you made fraudulent claims for compensation. [The accident] was completely bogus. If the crash ever occurred, it was a set-up” and that he was “satisfied both of you had a leading role in this scam. I’m satisfied this was a carefully thought through scam. You knew the clear consequences, should you be detected.”

Marc Hadrill, a personal injury solicitor at Redmans, commented: “Fraud relating to personal injury cases is an extremely serious matter for three reasons – firstly, what these men engaged in was a serious criminal offence; secondly, that it was a serious abuse of court process on their party; and, thirdly, fraudulent personal injury claims besmirch the names of all those persons who are seriously injured, claim personal injury and try to obtain some form of redress through the court system.”

Redmans Solicitors are Hammersmith employment solicitors and personal injury solicitors who specialise in settlement agreement advice

An Introduction of Palsgraf

The scene is New York City, 1928. A woman named Helen Palsgraf is standing on the train platform waiting to catch a ride to Rockaway Beach. Another train arrives, and two men run past her to catch it. One gets aboard, but the other has trouble because he is carrying a small unmarked box wrapped in newspaper. When he is helped aboard by two platform guards, one aboard the train already and the other on the platform, he drops the package. The package is full of fireworks, which go off and damage some scales at the other end of the platform. These scales injure Mrs. Palsgraf, who sues the railroad company for negligence in her injury.

The Opinion of the Court

The New York Court of Appeals found that there was no proof of negligence on the part of the railroad as the employees had not ignored Mrs. Palsgraf. Instead, they noticed that she was standing far enough away that, without being aware of the contents of the package, they and their actions should have caused her no harm. The majority conclusion written by Cheif Justice Cardozo states, “In every instance, before negligence can be predicated of a given act, back of the act must be sought and found a duty to the individual complaining, the observance of which would have averted or avoided the injury.”

Essentially it was decided that negligence must be defined as intentional and willful ignorance of a visible risk. The majority opinion also states that evidence of “negligence in the air, so to speak,” is not sufficient to find a defendant guilty.

There was a dissenting opinion, as well, written by Justice Andrews. This opinion observes that the negligence was not in the injury of Mrs. Palsgraf but in the knocking of the unmarked package from the intending boarder’s hand. This dissenting opinion brought into play the concept that makes this case so notable: proximate cause.

Justice Andrews felt that, before acting to help the man aboard the train, the employee should have considered what their actions could do to anyone else in the train station. He felt that the employee was thoroughly responsible for the chain of events that led to the plaintiff’s injury, and the company could be held accountable. As he states, “Unreasonable risk being taken, its consequences are not confined to those who might probably be hurt.” Nevertheless, it was a 4-3 decision against the plaintiff.

Consequences of the Case

This case is in keeping with the other cases of this sort in its time. However, more recently, companies have been held accountable for less and less predictable events that were decided using Justice Andrew’s proximate cause. In modern society, the repercussions of any action can be considered the fault of the person performing said action, whether the consequence was foreseeable or not.

For examples of other cases with similar bases, see Martin v. Herzog, Paul v. Consol. Fireworks Co., Adams v. Bullock, Parrott v. Wells-Fargo Co., Munsey v. Webb, Condran v. Park & Tilford, or Robert v. U.S.E.F. Corp. The idea of proximate cause is now considered important enough that this case is commonly studied by first-year law students as an excellent example and definition for the term.

Byline

Mario Flores is a legal specialist concentrating on Criminal Defense, DUI, Personal Injury, Civil Procedure and other critical areas of law.

Baby Safety and Faulty Equipment: What does the Law Say?

Parents must always be on guard when it comes to purchasing and using baby furniture and accessories. Even though there are many guidelines and laws in place to ensure that these products do not harm your baby when used, injures are still occurring. In fact, a recent study released by the Center for Disease Control (CDC) shows that there has been an increase in infant injures related to faulty products in the last five years.

For instance, a recent recall of the Baby Einstein Jumper recently took place. This toy, designed for stationary use and as a way to keep your young baby entertained, was pulled from the market after being associated with over 100 injuries. These injuries included skull fractures, broken bones and chipped teeth. It has been determined that the injuries are a result of a design flaw.

Consumer Product Safety Commission (CPSC)

The Consumer Product Safety Commission is a federal government agency that regulates product safety for all consumers. However, the CPSC has very strict guidelines for products intended for use by babies and small children. The CPSC regulates everything from choking hazards to the type of paint and chemical compounds that can be used on or near toys when they are manufactured.

Companies that comply with all of these regulations can carry a CPSC seal on their packaging. All toys manufactured in the United States must meet these guidelines.

It should be noted that toys and other baby products manufactured outside of the U.S. are not subjected to these same regulations unless they want to carry the CPSC seal. This also applies to American companies that manufacture products outside of the U.S. and bring them back here to sell.

Selecting Safe Toys, Furniture and Other Baby Items

Parents must take time and research products that they intend to buy for their children. The CPSCC website has a current list of products that have been recalled so that consumers can make wiser purchasing decisions.

Additionally, if you are out shopping and decide to buy an item, make sure that you look for the safety seal on the packaging. This will tell you what products meet government safety standards.

Stay with name brands instead of cheaper imports. For instance, the Bright Starts Ingenuity product line is one of the highest rated baby accessory companies out there. Their play yards and other interactive toys exceed safety standards and have been praised by many parents. Other, similar products, which do not carry these safety standards, can be harmful to your baby.

When Your Baby Has Been Injured

If your baby has been injured by any type of baby equipment or accessory that is obviously a design flaw or manufacturing issue, you should seek legal advice from a personal injury attorney. Your baby may be entitled to compensation for their injuries, and an attorney can help determine if you have a product liability case against the makers of the product that injured your baby. Your actions will also help ensure that these dangerous products are removed from the market, keeping them from further injuring other children.

As a mother to 4, Lisa Coleman understands the importance of being sure the baby equipment we choose to buy and use for our little ones is made with quality, up to code and safe to prevent possible injuries. She has used Bright Starts’ Ingenuity product line herself, and can assert to the quality and safe environment it provides an infant, from their washable play yards to their baby play mats and gyms.

Why Technology Works in the Courtroom

Courtrooms are now more technology-driven than ever before. While crimes and cases remain the same, courtrooms are now equipped with computer screens, audio, visual, and digital tools. According to ChicagoLawyerMagazine, 90% of jurors are better equipped to understand evidence when presentation software is used.

Consider the following reasons why technology is a critical part of trial presentation:

  • We rely on technology. Today, almost everyone receives their information in digital format, and that includes the jury. Technology sometimes makes possible what could not be accomplished in its absence. Much evidence now begins as computer data. Search and seizure of computers is no longer news; it’s customary and often essential to a case. With so many new developments, the nature of trial evidence is being pushed in the direction of electronic presentations. Lawyers prefer cases with software presentation because it enhances their persuasive abilities.
  • Technology is faster. Technology can substantially speed up the length of a case. Jurors, no matter their age, see technology as an effective use of their time. Judges prefer it because it is a more efficient delivery than traditional approaches. It helps control proceedings, set time limits, and decide matters.
  • Juror attention is refocused on the evidence. High tech trials are predominantly visual. Juries who are now more tech savvy than ever before are also prone to believe what they see. In high technology trials, the visual display of information is emphasized, which is often the evidence. Jurors direct their attention to the evidence itself, and attorneys find that they have to respond to jurors’ misconceptions less and less. The psychological effects from visual evidence are often substantial.

As our population becomes more and more computer literate, the nature of trials is shifting toward technology. For more information on the best technology tools to utilize in the courtroom, contact Trial Technologies today at 215-963-9798.

Injured in a DUI Accident: How Do I File A Claim?

Involvement in a car accident is always a serious event. Involvement in a car accident when one of the drivers was drunk can be even worse. Accidents that occur when a driver of one of the cars is under the influence usually involve more severe damage and injuries.If you have been injured in a car accident that involved a driver who was charged with a DUI, you can make a claim for compensation for your injuries and damages. Under your state law, you may be entitled to collect for damages to your car, medical expenses, lost earnings, future medical care, and in some states pain and suffering.

How to File a Claim

To make a successful claim for compensation when you have been involved in an accident, you need to:

1. Hire An Accident Attorney. The first step will definitely have to be hiring dui attorney services. Make sure that your attorney has all the information about the accident that you have collected, and make sure that you let them know that the other driver was arrested for DUI or their current status.

The attorney will inform you on what steps to take next and what to be ready for as it comes along. Follow all of the recommendations provided by your dui attorney. Sometimes this may include not providing the insurance company with any type of statement before you speak to your attorney about the questions and the appropriate responses.

You can also browse some of the websites for DUI lawyers as they list the penalties that can be assessed to an individual who is charged with a DUI. This will give you an idea of the type of compensation that you may be entitled to. A local Internet search such as “Pennsylvania DUI lawyer” will yield a list of many experienced attorneys’ websites.

2. Keep Records Of The Event. It is easy to assume that you have already filed a police report at the scene of the accident and were given medical care. The next thing that you must have, and as soon as possible, is a written account of everything that you remember about the event. This record will be very useful when you are speaking to your attorney about the event. Do not give this record to the insurance company; it is for your benefit only.

3. Take Pictures. Take pictures where the accident occurred, take pictures of your car and other property damage, and take pictures of your injuries. All of these will help when you are presenting your claim to the insurance company. If at all possible, take the pictures at the time of the accident. If your injuries are too severe, return to the scene as soon as you can.

4. Follow Medical Care Directions. Make sure that you follow through on all of your medical care. Do not miss follow up appointments and attend all physical therapy sessions that your doctor recommends. The insurance company must see that you are actively trying to recover from your injuries. If they feel that you are not interested in recovery, they will deny your claim.

4. Follow Proper procedure. Let’s say that instead you are the party responsible for the accident, and have been arrested driving while under the influence. The first thing to do is to be cooperative and remorseful. Hire bail bonds services that can help you get out of jail so you can get everything together for the trial ahead with arrest bail bonds. Be on your best behavior and consult any questions you might have so that you follow due process to the letter.

Your attorney will be able to explain to you what damages you can make a claim for under the laws of your state. At your initial consultation they will be able to explain everything that you should expect during the case, and how you should respond to any thing that may arise. Additionally, your attorney may be able to provide you with information about victim advocacy groups in your area that specialize in helping victims of DUI accidents.

Valerie Stout Cyrus is a freelance writer who frequently researches legal issues involving personal injury. She found that Steven E. Kellis, Pennsylvania DUI lawyer, is knowledgeable in the field of DUI on both the prosecuting and defense side.

Negligent Care of Children

Placing your child into daycare and trusting the people there to care for them can be one of the most difficult decisions a parent will make. It is often common to see a child start daycare by the age of 6 weeks. Finding a daycare you can trust can take weeks or months. It is important to know what to look for to make sure you are selecting a daycare that will not abuse your child in any way. Unfortunately, abuse does occur and it can leave a child in a dire situation. What are your rights as a parent to combat the abuse and how can you stop it from happening again?

How to Identify Abuse

While most people think of physical abuse as the common term for child abuse, there are several other forms of abuse. Before you send a child to daycare it is essential to meet with all of the people that will be caring for your child. Find out what their background is and make sure you feel comfortable leaving your child with them. Each day talk to your child about their experience to make sure they are not being abused. Negligent care often shows up in poor hygiene such as the caregiver not changing a child’s diaper all day, failing to feed them, or ignoring their medical needs. A neglected child can appear expressionless, show fatigue, and hoard food at home. Emotional abuse will cause a child to become withdrawn, fear caregivers or parents, and exhibit passive or aggressive behavior. The child may become detached and apathetic in nature. Physical abuse will show up in the form of noticeable bruises, burns, and cuts. The child will become apprehensive, seek excessive attention and affection, adopt a frozen stare, and become very passive or very aggressive.

Lastly, sexual abuse is another serious thing to watch out for. The signs of sexual abuse include pain, bleeding, itching, and bruising around the genitals. The child may have difficulty walking and sitting, fear being separated from adults, and lack involvement with peers. The child may also avoid certain people, frequently touch his/her genitals, and reenact the abuse with dolls.

What to Do

It is hard enough to come to the realization that your child may have been abused, but you need to understand what steps you can take to protect your child. Each state has childcare licensing procedures a daycare must meet. You must follow the state guidelines for reporting abuse. Do not take your child back to the daycare. You do not need to have proof of neglect when you want to report abuse to the state. Instead, report the abuse to your local CPS caseworkers; they can investigate for you. Reports of abuse will be followed up by the CPS and law enforcement if necessary. Take your child to the doctor to have them examined and get them into support groups and therapy to assist with emotional damage related to the incident. This is essential if your child has suffered from physical and sexual abuse as it is challenging for children to understand what happened. You can meet with an attorney to press charges especially if you do have significant evidence showing abuse. Trust your instincts when it comes to abuse. Speak to your child often to make sure they are not being abused by their daycare providers.

Byline: Alex Gormley writes on personal injury issues, from abuse to accidents at work.  He is a freelance law and political blogger.

Wrongful Death Suit: What Kind of Evidence Must Be Proven to Win?

The world would be wonderful if everyone was so coordinated and dutiful that no serious injuries ever occurred. Unfortunately, since there are around 37.9 million emergency room admissions related to injuries every year, this is nothing more than a pipe dream. These injuries can be disheartening enough, but when they result in death, the incident becomes especially detrimental.
 

Sadly, these tragedies lead to more than just heartbreak for the victim’s loved ones; they can also cause financial ruin. This is why it’s so essential to be able to prove fault in a wrongful death situation.

Common Injuries resulting in Wrongful Death

There are a myriad of accidents that can result in serious injuries to those involved. In addition, just about any type of accident can lead to a wrongful death. There are accidents, though, that can be especially disastrous.

  • Auto Accidents: The damage related to auto accidents can range from minor dents in a fender to potentially several fatalities. Because of the inherent danger of being out on the road, automobile accidents are a huge contributing factor to cases of wrongful death.
  • Medical Malpractice: Medical malpractice is a potentially devastating mistake that sometimes occurs within the confines of a doctor’s office. The Institute of Medicine found that there are 98,000 cases of preventable death every year caused by medical malpractice, so the threat of fatal medical mistakes is very real.
  • Aviation Accidents: Luckily, aviation accidents are few and far between. It’s consistently been stated that driving a vehicle is more dangerous than flying in a plane. When a crash does occur, however, they’re usually detrimental and can result in hundreds of wrongful deaths.

Proving Wrongful Death

The process of proving fault in a wrongful death suit sounds simple, but it can actually turn into a nightmare if not done properly. In reality, individuals must show that a defendant’s negligence directly caused, either in whole or part, the death of a loved one. It must also be shown that this death had a negative effect on the family, but this part isn’t so hard to convince a jury of. It’s the proving of negligence that can be difficult.

Proving negligence will vary depending on the specific case at hand. In an auto accident, for instance, it may be as simple as showing that the defendant got a speeding ticket and that that specific negligent act led to an accident. Any piece of evidence that proves that a defendant caused a death through acting in a neglectful manner is usually enough to prove wrongful death.

Steps to take after a Wrongful Death

It’s important to get funeral arrangements handled after one of these unfortunate tragedies. Sadly, there’s also a bit of legal maneuvering that must be done. It’s essential for a victim’s loved ones to find a local wrongful death attorney to help them, and this is true for several reasons. A local attorney to where the accident occurred will be knowledgeable about all local and state laws in regards to the case. For example, if the accident occurred on a trip to NYC but the person who passed away is from New Jersey, it would be advised to hire an experienced NY wrongful death attorney.

These legal professionals will know exactly what type of evidence is needed in a certain case to prove negligence. With their legal expertise, attorneys can use this evidence to help recover often significant damages from a neglectful individual who brought an abrupt end to a beautiful life.

Those who have experienced a death within their family have an abundance of hard choices laid out before them. The road ahead will always be difficult, but if another person’s negligence led to a loved one’s death, it’s likely that an individual will be able to recover compensation for their loss. While no amount of money can ease the grief associated with losing a loved one, the additional financial resources can go a long way towards getting one’s life back on track.

Researcher Lisa Coleman shares the importance that evidence plays in a wrongful death suit, and the importance of retaining a local experienced attorney to handle such a case. She recently researched online at http://www.perecman.com/wrongful-death/ how the Perecman Firm, PLLC, is experienced in representing a wrongful death claim for a client who has lost a loved one in an accident within the state of New York.

No-Fault Law When an Accident Occurs: How does this Affect an Injury Claim?

Many individuals in the United States are able to rest comfortably knowing that they’ll be compensated by another person’s insurance if that individual causes them to be involved in an auto accident. Unfortunately, this isn’t the case in some states. States that have “no-fault” laws actually make it difficult for injured victims to recover fair compensation, but luckily, there are sometimes ways to get around these laws.

What are No-Fault Laws?

No-fault laws exist in a minority of U.S. states, but those who live in those states are bound by them. These statutes basically say that a person’s own personal auto insurer will cover the normal special damages that they incur during a car accident. This typically includes medical bills and property damage. The laws also restrict the instances in which an individual can actually seek out damages against another driver.

While no-fault laws mean that a person won’t have to go through the trouble of a lawsuit to be reimbursed for medical bills and property damage, these statutes do still present a few problems. General damages, such as pain and suffering, aren’t paid by a policyholder’s insurance company. Because of this, individuals in no-fault states may end up with less reimbursement than they would in other states.

Are Lawsuits ever Allowed?

Fortunately, there are often instances where an individual in a no-fault state can still bring forth a lawsuit against a negligent driver. As mentioned, general damages aren’t typically covered under no-fault policies, but an injured driver can often still bring forth lawsuits to recover these types of damages. There are still limits on this ability, though; some states, for instance, require medical bills to reach a certain threshold before a suit can be brought forth.

Other states, such as New York, allow civil suits if a person’s injury is considered serious enough. This often means suffering a permanent disability, disfigurement or death. In a tragic 2009 accident in New York, for instance, a driver was on the wrong side of the road and collided head on with another vehicle. The families of the three men killed in the accident could likely bring forth a lawsuit against the negligent driver’s estate due to the seriousness of their injuries. Retaining a NY auto accident attorney for this case would be vital.

What to do after an Accident

It’s important to contact police immediately after being involved in an accident in a no-fault state. This is because, even in these states, negligence must be proven if a civil suit is allowed. After doing this and seeking medical attention, the injured party should immediately find an attorney to help them build a case.

The reason that attorneys are so essential in no-fault states is because of the thresholds that must often be met to allow a civil suit. Attorneys in these states know the legal landscape, and they can help prove that an injury meets the standards to warrant a lawsuit. Additionally, they can help with claims involving other general damages, including pain and suffering, and thus help ensure that their client is fairly compensated.

No-fault laws are meant to ease the burden of civil torts on a state’s judicial system, but this is sometimes done at the detriment of an individual’s right to recover compensation. Luckily, a person who has an experienced attorney at their side will stand a good chance of recovering both the typical damages provided in no-fault states and additional damages that they are likely entitled to. While no-fault states make it more difficult to be fairly compensated, they don’t make it impossible.

Lisa Coleman shares what no-fault law is and how it can affect a person’s injury claim, and how a local and experienced auto accident attorney can legally help. She recently viewed online how the Perecman Firm, P.L.L.C., an experienced NY auto accident attorney group, is equipped to counsel and represent a client who has been involved in a serious accident within the NYC area, including head-on collisions.