Personal Injury Law Blogs

Injuries After Running a Red Light Caught on Camera: What Are My Rights in Court?

Injuries After Running a Red Light Caught on Camera: What Are My Rights in Court?

If you cause an accident by running a red light, it is assumable that the Court will find you “at fault” for the accident. This type of ruling has been pretty standard until the implementation of red light cameras. Now, due to the large controversy surrounding these traffic control devices, fault is harder to prove because there is speculation whether the ticket is valid.

Understanding Camera Issued Red Light Citations

Local and state authorities assume that a red light camera is infallible. If a car is caught running a red light, a ticket is issued to the registered owner of the car. The authorities are not interested in who was driving the car, or what the reasons were behind the car not stopping. It is their legal assumption to believe that the car was being driven by the registered owner.

However, there are many instances where this is not the case and the owners of the car wish to fight the ticket. These owners are required to let the payment time elapse to pay the ticket and have the State issue a citation. Only when this second citation is issued can the owner of the car fight the ticket.

When the owner of the car goes to Court, the burden of proof lays entirely on them. They must prove that they were not responsible for going through the red light, and that the citation is invalid because it was issued to the wrong person. This may sound impossible to do, but an experienced traffic ticket attorney, such as a Florida traffic lawyer, will help to handle this type of case with ease.

How This Impacts Personal Injury Cases

Many people would assume if a person who caused the accident was issued a camera red light citation, that the burden of proof had been made for the responsibility of the accident. Now, however, a person can fight these tickets and be absolved of responsibility for running the red light. If this happens, there will be a question as to whether or not the person can then be cited as responsible for causing the car accident.

Having the red light ticket thrown out in traffic court could effectively have the negligence charges for the accident also dismissed.

Why You Need A Traffic Ticket Lawyer

Being held as the responsible party for a car accident can be financially devastating. You risk being sued personally, above what your insurer is being sued for at the time. You also can expect very large legal bills and potential financial problems in the future.

Fighting this red light traffic ticket, however, can be the key to proving you are not responsible for the accident. Not only will you be absolved of having to pay the very large fine associated with the ticket, the accident would have to revert to a no-fault case and you would be protected from financial ruin. Additionally, having this ticket dismissed will also help prevent you from having points attached to your license or having your insurance premiums increase because you are now seen as a higher risk.

Going to court for running a red light and causing an accident is a stressful event, but can be made simpler by understanding the above information. If you were not the one driving, you must provide the necessary proof. It is crucial that you defend yourself if you were not the driver to protect yourself from financial burdens.


M.J. Collins knows how stressful it can be to go to court for something that is not your fault. She has learned that Katz &  Phillips, P.A., a Florida traffic lawyer, can make the going easier and provide more support for your case.

 

Had A Car Accident With A Pedestrian? Here’s What You Should Know

According to the US Department of Transportation, as many as 4432 pedestrians were killed in 2011 in traffic accidents across the country. Children and older adults, particularly, are more likely to become victims of car-pedestrian accidents. On an average, there’s one pedestrian injured every 8 minutes and one death occurs every two hours. With the growth in number of cars, pedestrians certainly face more risk of becoming accident victims. One of the main reasons why such accidents happen is either the driver or pedestrian is alcohol-impaired. No matter what the cause is, car-pedestrian accidents can be actually very complex to deal with because determining who’s at fault is not easy. So, let’s understand what all the things one needs to know if he/she is involved in such an accident.

Car-pedestrian accidents can be really nasty especially if the car hits a person at 30 miles per hour speed. This can actually result in permanent disability or sometimes death too. Car drivers must therefore, know what he/she should, ideally, do when encountered with such a situation. Instead of fleeing the accident scene, it’s better to take control of the situation and focus on the following.

  • Make sure the person hit in the accident is safe. Immediately get in touch with any of the medical services provider to ensure that the injuries are not severe. Safety always comes first.
  • Don’t hesitate to call the police and auto insurance provider. If you are likely to be charged with a criminal act, don’t forget to consult your attorney. Be very honest and give a true account of how the accident happened.
  • Furthermore, never give any public statements and avoid too much of an interaction with the pedestrian including his/her family members. Never say things like, ‘I am guilty’. It could lead to a personal injury lawsuit. Also, don’t make any statements to the injured party’s insurance service provider. All you need to do is just exchange the required contact information.

Who is to be blamed?

Many of us still believe that if a car hits a pedestrian, it’s always the driver who’s at fault. However, this is not always the case. In such cases, the law of negligence helps decide who’s at fault. Generally speaking, a person who failed to exercise reasonable care when the accident happened may be termed as negligent. In many circumstances, both the parties can be negligent. Consider this situation. A driver is driving at a speed more than the stipulated limit and a pedestrian illegally crosses the street and meets with the accident. These cases are very complex and handled in a different manner. Laws, too, differ state by state.

There are states which follow the ‘Comparative Fault’ rule wherein even if the pedestrian is to be blamed partly for the accident, he/she is entitled for compensation from the driver and his insurance services provider. For instance, let’s say if a pedestrian is 30% at fault for the accident, then he/she will be compensated for only 70% of the damages. Furthermore, there are states that follow the ‘modified comparative fault’ rule.

Herein, let’s say a pedestrian is more than 50% at fault for the accident. In such cases, he/she will not be able to recover the damages. Then there are states such as Virginia and Maryland which follow the ‘Pure Contributory Negligence’ rule. Herein, a pedestrian is not entitled to recover damages if he/she contributed to the accident slightly. Learn more about the contributory and comparative negligence here.

Here are some instances, when the pedestrian can be blamed for the accident

  • Crossing the road and not following the traffic control signals
  • Jaywalking/crossing outside the cross walk
  • Walking along bridges, highways, and freeways where pedestrians are not allowed
  • Crossing roads without traffic controls

Liability

If you have injured a pedestrian in a car accident, you can be charged with both civil and criminal liability. When it comes to civil liability, the injured party has full rights to sue you for recovering damages which includes lost wages, medical expenses, pain & suffering, etc. Criminal liability includes the rights of the injured party to sue you for driving under influence, hit and run etc. It is important to remember that, if you are held for criminal charges, the consequence can be very serious. It includes paying hefty fines and serving a jail term as well.

Insurance Payment

An injured pedestrian has full rights to claim payment against your auto liability insurance policy. Majority of the states in US make it mandatory for car owners to have liability insurance in order to cover injuries/damages to third parties. The recovery, however, to a large extent depends on the party who was at fault. What’s more, the payment can also be made under the No-Fault Coverage.

There are some states in the US that make it necessary for insurance services providers to make payments for lost wages and medical bills of their policyholders. This is often called as Personal Injury Protection or PIP. In these states, laws require a driver’s insurance services provider to make payment for the pedestrian’s injuries up to the PIP limit even though it was the pedestrian who was at fault.

Furthermore, there might be exceptions to this payment option as well. For instance, if an injured pedestrian resides in New Jersey, he/she might get paid for the damages and injuries out of Unsatisfied Claim and Judgment Fund, a state-mandated fund.

Car-pedestrian accidents, sometimes, can be very difficult to handle. Therefore, it’s always recommended for you to consult an experienced attorney in your area before making any statements. It is important to gather as much evidence as you can at the time of accident and document the entire events that took place. It is equally important to co-operate with law enforcement officials rather than involving yourself in a brawl. So next time, you are involved in such an accident do consider the above discussed points.

Why Is It Important To Have Full Tort, Not Limited Tort, On My Pennsylvania Car Insurance?

In 1990, the Pennsylvania legislature created the Limited Tort vs. Full Tort election for the purpose of decreasing car insurance costs.  Before such an election was created, anyone injured in a Pennsylvania car accident retained the right to seek full compensation for any injuries and damages from the driver responsible for causing the accident.  With the change in the law, the Pennsylvania legislature allowed the purchaser of car insurance to pay lower car insurance premiums by selecting Limited Tort.  The tradeoff, however, was limited legal rights to be compensated in the event of a car accident.  Specifically, the election of Limited Tort led to a waiver of the right to seek certain types of compensation, unless the injury was deemed “serious” or other exceptions to Limited Tort applied.

A person who elects Full Tort car insurance preserves legal rights to seek compensation in the event of a car accident.  A person covered under Full Tort can seek both economic and non-economic damages from another driver who causes a car accident.  Economic damages would include things like unpaid medical bills, lost wages or out-of-pocket expenses.  Non-economic damages would include damages such as compensation for pain and suffering and emotional distress.  If Full Tort is elected, none of your legal rights are sacrificed.

A person who elects Limited Tort compromises legal rights in exchange for lower insurance premiums.  A person covered under Limited Tort is able to recover economic damages (medical bills, lost wages and out-of-pocket expenses) from the driver responsible for a car accident.  However, non-economic damages (pain and suffering and emotional distress) cannot be recovered unless there is a “serious injury” or other exceptions apply.  Since the threshold for establishing a “serious injury” is high, injured people are often precluded from recovering non-economic damages because of the Limited Tort election.

You have to be careful when deciding between full and limited tort insurance. It may not worth the savings in car insurance premiums to sacrifice your legal rights by electing Limited Tort.  Instead, it may be safer for Pennsylvania policyholders to select Full Tort coverage.

For more information on car insurance choices, as well as Pennsylvania car accident or Personal Injury cases, contact Tim Rayne at 610-840-0124 or trayne@macelree.com, or check out Tim’s website at http://www.timraynelaw.com.  Tim has offices in Kennett Square and West Chester, Pennsylvania.

Things to Look for When Hiring a Personal Injury Attorney

You find yourself in a situation in which you have to find the best personal injury attorney. You want to make sure you choose the best one you have access to. Not only a personal injury attorney well versed in this area of law, but that understands your particular situation and will act with your best interest in mind first and foremost. A reasonable request; after all, hiring the right attorney can make a dramatic difference in the outcome of your case. If dealing with personal injury, you could find that you struggle to defend yourself in court without a skilled personal injury attorney on your side. Many people are not aware of the deadline requirements for court documents. If you are concerned about the cost of representation, it is important to meet with several different attorneys to discuss your case. You need to find an attorney that believes in your case and provides payment arrangements that work well for your situation. Here are some things to look for when hiring the right personal injury attorney.

Initial Consultation

To learn if you even have a valid case, it helps to consult with an attorney like Bob Bratt. Most personal injury attorneys will provide a free initial consultation. This brief meeting will cover the validity of your case and help you determine if worth pursuing. The attorney will go over the case, costs and outcomes you can expect.

Experience

When seeking an attorney, look for one with experience. It is vital to your case to find a person that understands the local laws, court system and your particular personal injury case. You need to find someone that has dealt with similar cases and has achieved positive outcomes. The Association of Corporate Counsel recommends asking an attorney how many other cases they are currently working on to determine if they have enough time to devote to your case.

Case Options

The good thing about working with an attorney is that they are able to negotiate with insurance companies. You do not always need to take your case to court. The attorney will work hard on getting the insurance company to settle your claim for a fair price. It is important that you discuss different settlement options and find out how long it will take before you see money from the settlement. Taking the case to court can take a long time. A good attorney will be able to give you a realistic timeframe for how long it will take before your case is finally complete.

It is also important to discuss options in the event that you do not win your case. Many people do not understand that they need to pay back their insurance company if they win a personal injury case. Your insurance company will ask for payment on all the medical bills they paid. Your attorney will need to work with these insurance companies to focus on getting them to reduce the required payment amount so you can gain as much money as possible from the settlement.

Fees and Expenses

An attorney may take on the case using a contingency fee. This means they will not be paid until you receive money from your settlement. Essentially they are working for free until you are paid. This can be a great option, since it shows the attorney is motivated to win the case. Discuss different expenses with each prospective attorney so you know if there are other things you need to pay for. Always read the contract before hiring an attorney to know you are getting the best treatment and representation possible.

Phillip Richardson is a freelance writer who normally contributes material on legal issues such as Personal Injury, Mesothelioma Lawsuits, Asbestos Litigation, Criminal Defense and other areas as well; those who’d like to learn more about these legal topics should visit Shrader Law.

The Most Common Injuries Suffered by NBA Players

The National Basketball Association (NBA) is a wonderful sports league; but like any high level of sports, injuries are commonplace. Even though basketball is not the contact sport that, say, football is, injuries are still a daily occurrence in professional basketball. It is not hard to understand why: extremely athletic players are accelerating, breaking, and turning at sharp angles as quickly as they can. Bodies fly through the air and collide, before returning to a hard wooden surface filled with other people’s feet to harshly land on. Watch a game sometime and you’ll see that it’s quite the minefield out there! So, with injuries being frequent, you might wonder what are the most common injuries? Well, we’ve got the answer:

Sprained ankle

The sprained ankle is the most typical basketball injury at any level.  Players are cutting back and forth, with puts extreme pressure on ankles, which are not strong to begin with.  Players also frequently land on each other’s feet, which rolls the ankle in a very dangerous way.  Simply put, ankles are the most fragile commodity on the basketball court.  Studies prove this, showing that ankle sprains are the most common injury in the NBA (http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3445097/).

Patellofemoral inflammation

Patellofemoral inflammation is a pretty fancy way of saying “knee pain.”  Because basketball players are constantly running and jumping up and down on a hard surface, they put a lot of pressure on their knees.  This repeated pressure softens the knee cartilage, causing the kneecap and the femur to grind against each other, resulting in both pain and limited movement.  This is, understandably, a common NBA ailment because it occurs so naturally (but can also occur because of collisions, or the tightening of other leg muscles).  While sprained ankles are the most common NBA injury, studies show that patellofemoral inflammation is the injury that causes NBA players to miss the most games (http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3445097/).  This is because it is difficult to hide, or to expedite the recovery process, whereas with a sprained ankle the player can tightly wrap tape around the injury and often continue playing.

Torn ACL

A torn ACL (Anterior Cruciate Ligament) is not nearly as common as the first two injuries, but it is very severe, and basketball players live in fear of it because it can both happen easily, and end a player’s career.  An ACL is one of the four main ligaments connecting the shin to the femur, and thus it is necessary for all athletic movement.  A torn ACL can occur when a player lands awkwardly on the ground, or when he gets his leg trapped under another player, and bent sideways or backwards.  A torn ACL is excruciatingly painful, and usually takes 8-12 months for an NBA player to fully recover from (http://www.nba.com/nbafit/teen/nutrition_fitness_center/sports/76301_anterior_cruciate_ligament_ac.html).

Broken nose

Things get rough under the hoop in the NBA, and noses get broken.  A bunch of tall strong men battle for the basketball, push and shove each other, and throw elbows to create space.  It’s not surprising that those elbows often connect with other people’s faces.  Many post players in the NBA suffer multiple broken noses throughout their career, but, thankfully for them, it’s not an injury that usually slows players down.

These are just some of the many common NBA injuries.  With players pushing athletic boundaries, colliding with one another, and running across the floor with reckless abandon, the regularity and diversity of injuries in the league is pretty astounding.

Byline

Robert Pendleton focuses on a variety of legal topics such as Patent Law, Pro Sports Injury Cases, Criminal Defense, Personal Injury, Civil Procedure and other topics as well.

10 Post-Car-Accident DON’TS

When accidents happen, we just want it over and done with so that we don’t have to deal with the hassle and think about it anymore. However, sometimes, if the proper procedures are not followed, time saving steps can get drivers into trouble. Here are 10 common mistakes that people make after a car crash:

  1. Drive Off

Even if the accident was very minor and both cars and drivers look fine, do not just nod at each other and drive off, even if it’s tempting to avoid the hassle. This is illegal, as it is considered failure to stop and render aid. All parties are responsible for stopping, exchanging information, checking on the other parties involved and reporting the incident to the police. You’d want them to stop for you, and, in any case, it’s the law.

  1. Stay in Traffic

Unless your car is physically incapable of moving onto the shoulder or off the main road, move all vehicles to a safer location. Make sure that everybody is out of harm’s way and not stepping into, or close to, traffic at any point. Safety first.

  1. Get Visibly Angry or Emotional

It is understandable to be upset or frustrated at the occurrence of a traffic accident, but it’s not a good idea to bring it up now or take it out on the other person. The other party or parties may not react well, and the situation could get a lot more complicated. These interactions after an accident are not personal, simply a matter of getting things resolved so that everyone can move forward.

  1. Apologize

Be polite and understanding throughout the entire process, but do not apologize. Admitting fault could possibly be used against you at a later time in court.

  1. Dismiss Calling the Police

When damages are minor, many people simply agree to settle things between themselves and the insurance company. But what if the insurance and contact information is incorrect or outdated? Then, without a police report, you have no proof that the accident happened at all. Just call to be safe, and many times police officers won’t come out to an incident if all damages are minor.

  1. Miss Any Information

Things that you need to make sure to get down correctly include contact information of all parties involved in the accident, contact information of witnesses, specific location of the accident, insurance company name and contact information, and details about all public officials involved (police department, report number, officer names, ambulance company, etc).

  1. Sign Anything

Unless you’re being asked by the police to sign something, don’t sign any unofficial documents. You aren’t under any obligations outside of those given by the law and law enforcement officials.

  1. Forget to Document

Take pictures! From the damage on the cars to the conditions of the road, take documentation of everything you can to keep facts straight and clear. If you don’t have a camera, write down very specific and detailed notes.

  1. Assume Your Car is Safe to Drive

Following a vehicular accident it is important to ensure that the vehicles involved are still roadworthy prior to leaving the scene. All brake and running lights should be inspected as well as a brief structural check to ensure that mechanical drive parts have not been damaged or are leaking fluids.

  1. Leave the Scene Before Everyone Else

Leave with or after the other drivers and police cars. You want to stick it out to the end of the situation so that you know everything has been resolved for the day.

 

If you’ve been involved in an accident, don’t be left in the dark; find a car accident lawyer who knows how to navigate the process and protect your rights.

 

Fatal Car Accident in Atlanta, Georgia: How do we Recover?

Fatal Car Accident in Atlanta, Georgia: How do we Recover?

car accident @ vestavia hills

Being involved in a car accident is nothing short of a hassle and a headache. First, there is a check to determine whether anyone was injured; then comes the interviews with police and car insurance companies. Unfortunately when someone dies as a result of the accident, the process takes a different turn and lives are impacted all around. The situation changes from investigating what would be considered a routine accident to determining whether vehicular homicide charges should be filed.

Motorists and passengers involved in a fender bender accident may or may not sustain injuries that require hospitalization and physical therapy. In many cases, fender benders are limited to police investigations and negotiations with insurance companies. The difference between a fender bender and a fatal accident is that legal authorities get involved to seek justice for the deceased. 

Beginning The Legal Process 

After police officers complete their investigation into the fatal crash, they forward their results to the district attorney or prosecutor’s office and ask for charges to be filed against the driver who caused the accident. Once the prosecutor files charges, the driver enters the criminal justice system after being arrested and formally charged with the death of the individual. 

As the wheels of justice grind slowly, family members of the person who died must plan for an unexpected funeral and pay burial expenses, medical bills, and other expenses related to the untimely car crash. 

Hiring An Accident Lawyer 

The family would be within their rights to seek compensation for their loss but figuring out the ins and outs of this process is a daunting task. If this weren’t enough, the family will now begin to follow the defendant driver’s court hearings. Having to deal with these issues is overwhelming, which is why a personal injury lawyer can help a family navigate through the legal system to receive compensation and recovery from their loss. Performing a local Internet search like Atlanta GA auto accident lawyers will you provide you with a number of resources for personal injury/accident lawyers who can provide you with competent counsel. Visit https://jnlawoffices.com/dui-attorney/ to gather all the legal information you need for your case.
 

Personal injury attorneys provide guidance for their clients, discuss legal options their clients have under the law, and protect their clients’ civil rights until their case is resolved.

To receive successful results, families should work with an attorney as cooperatively as possible. For an accident lawyer to win a case, the lawyer must prove that:

1. Family members were harmed in that they lost a loved one, and that another individual caused the harm.

2. The individual caused the harm either intentionally or through neglect. In accident cases, this can be proven through police and insurance reports, and a family’s documented expenses related to the accident, among other things.

To receive compensation, a family has a legal option to file a lawsuit against the defendant driver and his insurance company. Most personal injury cases do not go to trial because the accident attorney is capable of negotiating a settlement on the family’s behalf. 

Without a doubt, fatal crashes go well beyond the routine investigations of morning commute or rush-hour accidents due to the mandatory legal aspects of such situations. It is important for families to grasp these legal details and this is where a personal injury attorney can help. 

Families who are recovering from a tragic loss of their loved one should contact a personal injury attorney for a free consultation on how to receive compensation. 

 
Valerie Stout Cyrus is a freelance writer who frequently researches personal injury cases. She has found that Stokes & Kopitsky, P.A., Atlanta GA auto accident lawyers are seasoned attorneys who provide excellent representation to auto accident victims and their families in Georgia.
 
Photo credit: http://www.flickr.com/photos/digitizedchaos/5913334509/

Excessive working hours results in accident – is the employer responsible?

These days many people work long hours in difficult, demanding and, often, stressful jobs. And in today’s uncertain economic climate, employees can feel pressured to take on even more work in order to pay the bills.

Working excessive hours will, more often than not, lead to tiredness, and tiredness in the work place can be dangerous. Whether you’re handling heavy machinery, driving long distances or dealing with the public, working too many hours can have serious consequences.

So whatever your job, make sure you know your rights when it come to fatigue and accidents in the work place.

What are the employer’s responsibilities?

No matter what field of work you are employed in, your employer has a legal responsibility to protect you from accidents in the work place. This means that they must inform you of all of the risks of your job, make sure all equipment is safe to use and ensure that proper health and safety standards are in place.

They also have a duty to ensure that your work doesn’t lead you to becoming so tired or fatigued that you put yourself, or others, at risk.

If you work in a job that requires irregular work patterns, night work, strenuous physical activity or long periods of driving, you are especially at risk of becoming over tired through work.

In these cases your employer should take this into account and implement precautions to ensure that tiredness is kept to a minimum. This could include scheduling regular breaks or stating a maximum number of days or hours that can be worked without time off.

It is in the employer’s interest to ensure that all employees are alert and able to do their jobs to the highest standard. Although tiredness may be inevitable in some work, minimizing the consequences is beneficial for everyone.

What are the Employee’s responsibilities?

As an employee, you have the right to work in a safe and healthy environment, but you also have responsibilities of your own for the well being of yourself and your colleagues.

This means that if you are tired at work, you should tell your employer as soon as possible. If they don’t listen to your concerns, you have the right to contact the Health and Safety Executive without being disciplined at work.

You are required to take reasonable care not to put yourself or others in danger, so try and get as much rest as you can outside of work. If you’re taking any medications that may make you drowsy, inform your employer before you commence your shift.

What can you do to prevent an accident?

Most accidents happen in the afternoon. If you’ve started work early, this will often be the time when your energy levels are lowest so you can easily have a lapse in concentration.

Traffic accidents are especially more common in the afternoon, so if you drive a lot for work, this is when you may be most at risk.

To try and protect yourself and others from injury, try and take regular breaks. Make sure you eat a good lunch so your body has fuel for working and keep hydrated throughout the day.

If you do have an accident, report it

All work places should keep a book recording any accidents that happen, and all employees should know where this record is kept. Only very small companies are exempt from keeping a record. If you are injured at work, make sure that you write down the details in the log.

This will not only be beneficial if you ever wanted to make a claim against your employer, but will help to ensure that working practices are improved so that someone else doesn’t suffer a similar accident

Mesothelioma – A Malignant Enemy

The danger around you….

Asbestos. In popular use in walls and ceilings from the end of the 19th century. It helped absorb sound, was resistant to fire and chemical damage; useful as electrical insulation. It also held a dark secret.

When workers were exposed to the fibres or airborne dust particles – say during a renovation – this often laid the seeds of what would later become Mesothelioma. It can take 10-40 years for this rare and malignant form of cancer to show itself.

A difficult diagnosis.

It attacks the lining protecting the internal organs of the body; specifically the lungs (pleural) and abdomen (peritoneal); mainly in men. Cases have also been found in the testes and pericardium (the sac enclosing the heart).

Mesothelioma is a rare form of cancer – but it affects around 2,000 Britons annually. It is also very difficult to diagnose. Symptoms such as shortness of breath, chest wall pain and unexplained weight loss can suggest a range of other diseases. Usually, a biopsy is needed to confirm the diagnosis.

A poor prognosis.

Despite modest improvements in recent years, probably thanks to newer chemotherapy treatments and multimodality imagining, it can’t be ignored that the prognosis remains disappointing. Early detection and treatment does help; which is why it’s vital that a person’s GP should always know if they have been exposed to asbestos. This can included secondary exposures – such as washing asbestos dust-covered clothing.

Providing vital help.

Sadly, when someone has been diagnosed, it’s the beginning of a very difficult time for them and their family and friends. There is one area of worry – coping financially – where, thankfully, help is available. The National Asbestos Helpline has a team of lawyers, all experienced in fast-track asbestos disease-related compensation claims.

The government has recognised the need for quick interim compensation for Mesothelioma sufferers. These claims, representing up to £50,000, can often be completed within just 4-6 months. The National Asbestos Helpline can be contacted on 0808 163 3708, or on the web at www.nationalasbestos.co.uk.

Times have changed.

The import, sales and second-hand reuse of Chrysotile (white asbestos) was outlawed in the UK from 1999; brown and blue forms had already been banned in 1985. Recent regulations have placed a “duty to manage” asbestos on companies in non-domestic buildings.

This has come too late for those who face an uncertain future – through no fault of their own – fighting a malignant enemy.

Social Media Can Be Used As Evidence in Personal Injury Cases

By Lauren Williams, Legal Blogger for the Law Offices of Michael J. Brennan, Chicago, Il

Persons who have been injured and intend to, or have already initiated a lawsuit show be wary of what they post on social media site such as Facebook & Twitter. Setting your facebook account to ‘private’ isn’t enough to ensure that what is posted on Facebook will actually remain private;  As the court stated in McMillan, Facebook posts are not truly private and judges may rules  that information is relevant to defenses’ case in discovery.

In recent years, a number of landmark cases have resulted in social media and online content attributed to the plaintiff being allowed to be used as evidence.  Defense attorneys are more frequently learning how to use social media as a litigation tool, by using civil subpoenas to request information about the plaintiff directly from social networks.

While the majority of cases, the courts usually grant requests for court orders to access social media profiles, it’s not always the case; in Arcq v. Fields, the court denied defense counsel’s requests to access a plaintiff’s social networking sites, suggesting that the defendant needs to show something more than “The plaintiff has a Facebook page and there might be stuff on it.”

Some social networks, including Facebook, have resisted these requests as an effort to protect users privacy, citing the “Stored Communications Act”;

“Even when a subpoena is provided, the company still may decline to give information. For example, last year Facebook successfully fought the state of Virginia’s demands to hand over the contents of a user’s accounts to settle a dispute over workers’ compensation.”

“Stored Communications Act”

Social media user’s account information is protected under the Stored Communications Act (SCA), which requires account holders’ permission to distribute their personal information to third parties. A plaintiff cannot use the SCA to avoid a court order to disclose personal information.

Despite protection under the SCA, courtrooms are admitting evidence obtained from some social media accounts without the user’s consent.  Defense counsel are simply using subpoenas, or requesting for court orders to obtain user account information.

[1] http://www.switched.com/2010/09/30/ny-judge-says-facebook-posts-can-be-used-as-court-evidence-ev/
[2] http://jolt.law.harvard.edu/articles/pdf/v24/24HarvJLTech563.pdf
[3] No. 06-CV-01958-WYD-MJW, 2009 WL 1067018, at 1 (D. Colo. Apr. 21, 2009)