Personal Injury Law Blogs

Healthcare Shortcomings in the USA

It is a common belief that because the United States spends by far the most per capita on health services that it must also be providing the highest quality of care. However, in looking at comparative health data this appears to only be sporadically true. The United States has an infant mortality rate of 6.7 percent, which is significantly higher than the OECD average of 4.7. It’s also middle of the pack in life expectancy (28th in the world, at 78.2 years), trailing far behind countries like Japan (86.4 years) that spend about a third as much as the U.S. per capita. In terms of access, the United States is the only OECD country that has a significant population that has been left uncovered by the healthcare system. Staffing is another measure where the United States lags behind the OECD average, with 2.7 physicians per 1,000 people; the OECD average is 3.1, and 8.1 nurses per 1,000 people, trailing the OECD average of 9.0.

System Inefficiency tied to Crippling Administrative Costs

A primary factor in the rise of healthcare costs has been escalating financial inefficiency in the form of extraordinarily high administrative expenses in both the private and public sectors. A Harvard study conducted in 1999 found that healthcare costs associated with administration were $294.3 billion and equated to $1,059 per capita in the United States. It’s important to remember that these aren’t costs for providing actual medical care, but rather the bureaucratic processes involved in maintaining the system. Overhead costs, particularly in the private insurance sector, made up a sizable percentage of overall administrative costs.

In 1999 for instance, private insurance entities spent 11.7 percent of total premiums collected on administrative overhead, compared with Medicare (3.6 percent) and Medicaid (6.8 percent). Hospital administration also accounted for a significant percentage of total costs at $315 per capita.

In order to put the high level of these costs into context the study compared the data with that from equivalent sectors in the Canadian healthcare system. The administrative costs in the United States were consistently much higher than those in Canada, especially when considered at a per capita level. Total administrative costs were $1,059 per capita, compared to only $307 in the Canadian system. It’s important to note that Canada operates under a publicly funded national health system, whose uniformity effectively cuts out much of the bureaucracy and allows for the elimination of many of the administrative expenses present in the public/private system.

Rise of Medical Malpractice Awards and Insurance

One of the primary concerns both inside and outside of the health industry in recent years has been the increase in the amount physicians are required to pay for malpractice insurance and an associated reduction in the workforce. This has mirrored a general rise in the number of annual malpractice lawsuits over the past 50 years in the United States. Data presented in the Journal of Health Affairs indicated an increase from 1.5 suits per 100 physicians in 1956 to 15 lawsuits per 100 physicians in 1990.

The average amount of damages paid has also risen dramatically moving from $154,000 in 1991 to $291,000 by 2003. In an effort to combat this trend, 38 states have adopted policies that place a cap on the maximum amount of damages that may be awarded. Typical limits are $250,000 for suits against individual physicians and $500,000 for those involving hospitals or clinics.

Byline: Frank Anderson writes on everything health-related from Medical Equipment Fraud to health insurance law.

Car Accident Information

Car Accidents Practice Area

We, iAccident Lawyers, are here to help you after a car accident. We will get you an experienced car accident attorney to help you with the financial, mental and physical burdens that follow an accident. We will not charge you until you get paid and settle with the insurance companies. You have nothing to lose by calling us! We are here 24/7!

We Can Assist You With:

  • Recovering lost income and wages from time-off of work
  • Holding drunk drivers accountable and getting unsafe, uninsured, unlicensed drivers to pay
  • Coverage for medical expenses
  • Recovering damages for physical pain and injuries or mental anguish
  • Replacing your damaged vehicle

How You Should Handle The Aftermath Of An Accident:

• Keep an Emergency Kit – Keep writing utensil, paper (for taking notes), a disposable camera and a card with special medical instructions (if you have allergies or medical conditions) inside your glove compartment.

• File an Accident Report – Contact law enforcement and emergency services immediately after an accident and file an accident report. Do not sign anything until you have contacted one of the car accident attorneys.

• Stay Safe – Make sure there are no serious injuries. If passengers cannot move, keep them safe inside the car until help comes. Turn on hazard lights to alert other drivers of the accident.

• Exchange information – Exchange names, phone numbers, insurance information (insurance company name and policy number,) write down the license number of the drivers and the license plate number with the make, model and year of all vehicles involved. Write down witnesses’ names, addresses, and phone numbers.

• Take Pictures – Take as many photographs as possible of the accident and your injuries from different angles, this will help illustrate scene of the accident.

• Get Protection – Discuss the accident and the nature of your injuries with the Accident Attorney’s Group and your doctor. Do not consent to a recorded statement or sign anything with anyone before first reviewing it with your attorney.

Why A Car Accident Lawyer Is Helpful To Have In Your Corner:

  • It will save you time and effort because your personal injury lawyer will handle all the headaches that come with trying to recover damages and deal with insurance companies. It is difficult to try to do everything else on your own without having the experience and savvy required to handle car accident cases.
  • The car accident attorney will be able to get you the settlement you deserve and need. A study by the Insurance Resource Council found that accident victims with legal representation were compensated up to three times more than those who did not have an accident attorney. People think they can manage the insurance claim if their injuries are small, but fair compensation only comes once the insurance companies see you are serious and have the protection and support of a lawyer during the proceedings.
  • Having a car accident attorney means you will know when to accept a settlement and you will not be saddled with an unfair settlement. A skilled attorney can negotiate the best possible settlement for effectively and quickly.

Keep in mind that you may be eligible for compensation whether you were the driver or passenger in a car accident. Find out your options by talking to a lawyer at iAccident Lawyer. Call us today at (877) 227-1977.

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Can a DUI Charge Affect Compensation in a Personal Injury Claim?

Can a DUI Charge Affect Compensation in a Personal Injury Claim?

There are not many feelings that come close to the dread that we experience when we see flashing blue lights in our rear-view mirror, but when a person has been drinking, this feeling is likely exacerbated. Some unfortunate souls, however, end up in auto accidents after having drank a little too much. Many believe that, in any accident, an intoxicated person would be at fault, but this simply isn’t the case. It’s still important, however, for an injured person to realize how a DUI might affect their personal injury claim. Drunk Drivers and Fault by Association

There are many rules that people just seem to take at face value. One example is the belief that if someone rear ends another driver, the driver in the back was likely at fault. Many people have this same line of thinking when it comes to drunk driving. While it may seem logical that a person who is under the influence of alcohol would be at fault for an accident; in reality, a sober driver’s negligence can just as easily lead to an accident.

One case in point occurred in Chico, CA. when a pedestrian was struck by a drunk driver, but the drunk driver wasn’t held liable for their injuries. This is because police concluded that, even if the intoxicated driver had been sober, he wouldn’t have been able to avoid hitting the pedestrian who darted out into the street. Therein lies the caveat; if the negligence of a sober driver causes an accident with a drunk driver, the sober driver is still at fault.

Negligence Effects in a Personal Injury Claim

All of the aforementioned details aren’t meant to imply that a DUI won’t have a negative impact on a person who is filing a personal injury claim. It’s likely that a judge or jury will believe that a drunk driver was at least partially at fault for their accident. In states that practice “contributory negligence,” a person accused of drunk driving could be denied any compensation if the court believes they were even one percent at fault for their accident.

Luckily, most states are “comparative negligence” states, but this doesn’t mean that a DUI won’t still hurt. Comparative negligence states decide what percentage each party is at fault. If a sober driver caused an accident by running a red light, for instance, but the jury decides that the intoxicated driver could’ve stopped in time had they been sober, they’ll likely subtract from the compensation that the victim, who received the DUI, would receive.

This is why it’s so important to fight DUI charges when a personal injury claim is involved. The best way to do this is to hire a knowledgeable and equipped lawyer from the area of where the charge was given. For example, if you were charged with a DUI in Pennsylvania then hiring an attorney from the state of PA who is experienced with DUI clients and knowledgeable about state laws would be ideal.

Reducing the Effect of a DUIThe only way for a person to eliminate a DUI’s effect on the amount of personal injury compensation they receive is to avoid being convicted. This may seem next to impossible, and this is especially true if there was a breathalyzer test administered and failed. Luckily for those in this situation, a failed breathalyzer isn’t an automatic conviction.

There are several issues with breathalyzer devices that can cause them to be inaccurate. Additionally, shoddy police work can lead to inaccurate breathalyzer results and field sobriety test conclusions. This is why it’s imperative for someone in this situation to find a DUI attorney.

These legal professionals will know all of the related laws and be able to find any mistake made on the part of police or prosecutors. Since trial results are usually more positive for those who have attorneys defending them, having legal help to fight a DUI conviction is essential for those who hope to recover adequate compensation for their injuries.

While driving drunk is definitely a reckless behavior, engaging in the behavior doesn’t automatically put someone at fault for an accident that they’ve been involved in. There’s no doubt, however, that a DUI will have a negative effect on the outcome of an injured party’s case. This makes it imperative to find a DUI attorney to help defeat the drunk driving charge before it becomes a detrimental factor to the personal injury case at hand.

Lisa Coleman, freelance legal writer, writes to encourage someone with a DUI charge to consider hiring an attorney to help with the charges. The Law Offices of Steven E. Kellis are knowledgeable about all aspects of DUI in Pennsylvania and are equipped to represent and handle all legal proceedings for their clients.

What You Need To Know If A Dog Bites You

Dog bites can cause life-threatening injuries. Even small dogs can render a victim powerless and inflict serious harm. Depending on the breed, nature, and temperament of the dog, the bite can be fatal. Most states hold the owner liable for all damages when it is clear that the dog attacked without provocation. Some states disregard any provocation of the animal and hold the dog’s owner responsible in all situations. There are also instances where the animal is in an unrestricted setting or has escaped from its restraints, resulting in a dog bite on another individual’s property. Determining absolute liability can be a problem when the attack occurs as a combination of factors. Following are a few points of consideration if you’re ever the victim of a dog attack.

1.  Medical Care

If you’ve suffered a dog bite, you have the right to file a claim against the dog’s owner to cover medical bills associated with the attack; and he or she may also be liable for more damages based on case evidence. In a particularly vicious attack, the dog may inflict multiple wounds and leave extensive damage requiring long term care.

An assessment of the dog’s health may dictate the regimen of care you receive. For example if the dog is unwell, or worse, if it is rabid, you will have to undergo a round of injections to avoid contracting rabies. Sometimes the treatment can be worse than the actual bite injury. After securing the medical attention you need, the next step is to find a good personal injury lawyer. You may find the legal advice you need at websites such as http://www.maryland-injury-lawyer.com/.    

2.  Financial Concerns

If, because of your injuries, you experience a prolonged absence from work, you may also be entitled to compensation from the dog’s owner. A claim for compensation could include loss of wages and reimbursement for basic expenses.

3.  Dog-bite Laws

Some dogs are classified as vicious breeds, and many states have strict liability laws to deal with their behavior. In states with strict liability laws, a dog owner is automatically held liable for his dog’s actions. In states with more lenient statutes, the dog’s owner is not liable the first time the dog bites someone. If the dog has exhibited aggressive behavior in the past or is classified as a vicious breed, the one-bite law may not apply.

4. Dog Owner Issues

Courts in most states will take into consideration the negligence or carelessness of the dog owner when determining liability. Did the owner keep the dog on a leash? Was the dog properly confined? Did the owner take precautions to protect guests based on his prior knowledge of the dog’s temperament? Did he make sure the dog had annual rabies and associated inoculations?

Most domesticated dogs are friendly, gentle and safe—around their families. Even if you’re visiting a relative with a dog, use caution and wisdom when approaching him. Don’t try to pet him unless he’s aware of your presence. Don’t run if he startles you because he’s likely to give chase. Never try to pet a dog who’s eating or sleeping. Allow the dog to become accustomed to your presence and only play with or pet him when the dog’s owner is around.

 

Writer LaGeris Underwood Bell is both a homeowner and a dog lover and shares this article to help guide dog bite victims through the process of financial and physical recovery. The Maryland legal team of Price Benowitz LLP has decades of experience handling personal injury cases like these. Their record of success is rock solid, and they offer sound legal advice in cases of dog bite injury for any client.

 

 

Photo credit http://www.socialsecurity.gov/pubs/EN-05-10064.pdf

 

 

 

Claim compensation for a broken arm

There are numerous ways in which you can break your arm – perhaps you were the victim of a road traffic accident, a sporting fixture, a fall at work or slipping on a wet floor in public. The consequences can be dire. Your arm is likely to be in an uncomfortable cast for weeks, from the elbow down in most cases but the shoulder down in the most unfortunate instances. You will require regular trips to the radiology department to check on the progress of your injury and sadly, some victims will never regain full motion in their arm. An arm fracture can therefore have very serious effects both physically and psychologically.

A broken arm is likely to lead to you needing a significant period of time off work, particularly if you work in some form of manual labour. You may also find that you have to stop driving and will lose amenity by not being able to do things around the house or for recreational enjoyment such as DIY or gardening.

Types of accident claim damages

If you have broken your arm and you are able to prove that it was the fault of a third party, you can rightly claim compensation for your physical, emotional and financial hardship. There are two types of damages will generally form your compensation award:

Special damages: these are designed to put a quantitative value on the physical and emotional pain you have experienced. The seriousness of your injury will be crucial in determining this award – arm fractures where the bone is splintered, crushed or nerves and vessels are torn could be considered to be particularly serious and will therefore generally lead to higher payouts.

General damages: these will cover your financial losses due to the loss of income, medical expenses and the cost of hiring people to help around the home whilst you are immobilised

The need for a specialist accident claim solicitor

It is of crucial importance that you instruct a specialist personal injury solicitor to take charge of your compensation claim.

A specialist would be able to quickly determine whether or not you have grounds for a compensation claim and how much you may be awarded in damages. It is always important that you collect as much evidence as you can before meeting your solicitor so that they can deal with what can often be a complicated claims process as quickly as possible. Your solicitor will need to contact one or more independent medical experts who will examine you and then write a report about the injuries you have sustained. This report is vital to your evidence and this is another reason why it is important that you instruct a specialist solicitor with a network of respected medical experts to call upon. Considering that the defence is likely to instruct a specialist of your own, it really is important that you do the same in order to avoid putting yourself at a disadvantage before you even begin.

Tim Bishop is senior partner of Bonallack and Bishop, specialist medical negligence and compensation claim solicitors. For more information, or for specialist legal advice on how to claim compensation, call their compensation claim team directly on 01722 422300 or visit their specialist website at http://www.how-to-claim-compensation.co.uk

 

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Is it Safer to Drive or Take Public Transit?

As the United States gravitates toward greener living, many Americans ponder the various ways of commuting to work. Most citizens simply want to know which is safer, driving a privately owned vehicle or taking public transportation. However, other people are more interested in finding ways of making all forms of transportation safer to use.

Safety Statistics

Determining which mode of transportation is the safest is an easy task. Several government agencies, organizations, and industries have collected statistical data relating to motor vehicle and public transit accidents over the past few decades. For instance, the National Highway Traffic Safety Administration (NHTSA) reported 32,885 fatalities due to crashes in 2010.  NHTSA also broke down the grand total into categories by what mode of transportation the person was using when the fatal crash occurred.

•           Passenger cars – 12,435
•           Light trucks – 9,752
•           Large trucks – 529
•           Buses – 44
•           Other/Unknown type of vehicle – 543
•           Motorcycles – 4,502
•           Pedestrian – 4,280
•           Pedal-cyclist – 618
•           Other form of non-motorized transportation – 182

Although this data only reflects a single year’s fatalities, NHTSA’s Fatal Accident Reporting System’s comparison results have been consistent since 1994. Each of the archived FARS reports from 1994-2010 clearly demonstrate that buses have fewer fatalities than any other form of transportation covered by the reports.

The Bureau of Transportation Statistics (BTS) also provides proof that modes of public transportation have consistently been safer than privately owned vehicles for decades. According to BTS, there were 279 fatalities involving a combination of motor bus, commuter rail, heavy rail, light rail, demand response, van pool, and automated guide-way in 2010. However, unlike the FARS statistics, the BTS total fatality count includes all reported incidents, including work accidents, and are not merely crash fatalities. Much statistical data exists regarding injuries due to collisions and specific types of transportation as well. The majority of the research results are available online and at public libraries.

Safety Improvements

Determining ways to improve the safety of all forms of travel simultaneously is not an easy task. Each mode presents its own unique risk factors, which makes it difficult to create a single solution that resolves all the safety hazards involved. Generally, these elements must be a part of the solution:

• building of new infrastructures, such as highways, rails, and bridges to meet growing demands and to reduce traffic congestion;

• repair or replacement of damaged infrastructures, such as older roads and bridges;

• good maintenance and upkeep of existing infrastructures;

• research to discover new technology and to further develop older technology;

• improved methods of integrating the various modalities, especially in highly populated areas – such as adding sidewalks, bicycle lanes, and bus lanes to highways and more railroad crossing gates at busy intersections;

• safety awareness campaigns to make the general population more safety conscious;

• more conformity and better enforcement of laws and regulations that were designed to improve safer use of each type of transportation mode; and

• improved, safer vehicles.

Manufacturers of various vehicles constantly work toward building safer, more efficient vehicles. Many colleges, universities, and private organizations are working to create and develop the necessary technology. And as of July 6, 2012, the federal government has enacted the Moving Ahead for Progress in the 21st Century law. Known as MAP-21, this law provides essential funding and alters the previous policy and programmatic framework for investments in the country’s transportation infrastructure. MAP-21 addresses the challenges of improving safety, maintaining infrastructures, reducing traffic congestion, increasing efficiency of the system, and protecting the environment. Additionally, all state governments are supposed to initiate their own programs in 2013 and 2014 to help increase the safety and efficiency of all modes of transportation.

Byline

J.P. Hartley is a freelance legal writer who specializes in Auto Accidents, Constitutional Law, the U.S. Tax Code, Real Estate Law, Personal Injury and other areas as well.

Bike and Motor Vehicle Accidents: Finding Fault

Robert Morrissey is a recent law school graduate who has picked up a love of writing. He contributes frequently to Solomon-Relihan, a law firm based out of Arizona. When he’s not writing or making the coffee at his office, Robert spends time traveling and volunteering in his community.

With rising gas prices and more attention being paid to staying fit and ‘going green,’ more people are opting to ride their bicycles as opposed to driving or taking public transportation. If you have been biking with traffic for any length of time, however, you know the dangers inherent to sharing the road with vehicles. Many drivers are simply not use to sharing the road with cyclists. As a result, drivers aren’t paying the attention they need to spot a bicyclist sharing the road with them.

In the United States in 2010, the U.S. Department of Transportation reported that 52,000 bicyclists were injured in collisions with motor vehicles. An additional 618 cyclists were killed. Both of these numbers make up roughly 2 percent of all motor vehicle traffic accidents and traffic fatalities. Where ever there is a mix of bikes and cars, accidents are sure to happen. The more crowded and compact the area, the greater risk for accidents.

A bicyclist needs to pay special attention to what’s going on around them. However, if they are in an accident with a motor vehicle, the chances of being injured are substantial. Lawsuits to recover damages resulting from injuries to a bicyclist by a motor vehicle include the same issues as any motor vehicle accident lawsuit. A cyclist involved in an accident with a vehicle should seek the guidance of a car accident lawyer to determine if they are eligible to collect damages.

Proving Negligence

Fault for an accident usually comes down to negligence, either on the part of the motor vehicle driver or that of the bicyclist. Bicyclists must obey the rules of the road the same as motor vehicles. In addition, a bicyclist should take measures to ensure their own safety when sharing the road with vehicles.

If a bicyclist has suffered an injury and sues for damages, the outcome will generally depend on several circumstances. First, did the driver of the vehicle show negligence which led to the injuries sustained by the bicyclist? Second, did any negligence on the part of the bicyclist cause or contribute to the accident?

Negligence on the part of a vehicle driver can result from a number of reasons. Speeding, running a stop sign, or drifting into a marked bike lane are just a few causes of negligence on the part of drivers that may lead to an accident with a cyclist. Even parked cars can be a danger. For example, “dooring,” or opening a car door immediately in front of a bicyclist without looking, is a major cause of accidents between bikes and automobiles, usually resulting in injury to the cyclist if they don’t have time to react.

When a bicyclist sues to recover damages from an accident, they must prove negligence on the part of the defendant either through eyewitnesses or other testimony. Other testimony may include video from local surveillance cameras or a violation cited to the driver at the time of the accident. For example, a speeding ticket issued at the time of the accident would count as evidence of negligence.

Negligence on the part of the cyclist will also play into the amount of damages collected by the cyclist. A cyclist would display negligence by riding the wrong way on a one way street, ignoring traffic laws, or making an abrupt turn into traffic. If a cyclist’s negligence is deemed to have contributed to the accident, this is known as contributory or comparative negligence. As a result, the cyclist may not be able to collect for injuries suffered in the accident.

Talks of Harsher Regulations for Careless Drivers

Personal injury is an umbrella term for injuries that have been suffered to the body or the mind. From a legal perspective, there doesn’t have to be any visual evidence of personal injury and if it can be proved it has caused emotional or physical damage, the victim may have a case. Personal injury is usually caused by the negligence or recklessness of a third party, however could be caused by intent, making their case a lot stronger.

The most common types of personal injury cases are suffered either in the workplace, otherwise known as industrial disease, or on the road. There are many types of injuries that can be suffered due to working conditions, from vibration white finger to chronic bronchitis and they will usually depend on the area of work.

However, the common cause of road traffic accidents is the negligence of other road users and recently there have been proposals of harsher penalties for those who don’t follow the rules of the road. We have seen an increase in road traffic accidents, which has led to an upsurge in whiplash claims. As further control over bogus personal injury claims being made, the Government are thought to be introducing further legislation to target the problem.

Motorists who are found to be sitting in the middle lane, tailgating or using the wrong lane at a roundabout could face serious fines and three points on their licence. It is hoped that the new laws will make people think more about their driving etiquette, reducing the amount of accidents we see on the roads.

At present, a police officer could pull over anyone who is driving carelessly or recklessly, however they would only give a warning. The new laws will allow police officers more control over the penalties they give and will be able to enforce harsher punishments. Police officers are the only ones who can enforce the rule and cameras will not be used, as it could be difficult to control.

Tailgating is just one of the offences that will be penalised and ignoring signs, driving too fast on the road for the weather conditions and poor lane discipline are other offences that will bring repercussions. There are also talks of introducing harsher regulations when it comes to using a mobile phone with the fine rising to £90 as well as the three driving license points. Failing to wear a seat belt will also bring harsher penalties.

Careless driving is a blurry issue and while there are clear cut rules for offences such as speeding and using a mobile phone, not many people are aware of the fines they could face when it comes to these bad habits. While they can cause frustration with other drivers, there has previously been no rules to control the behaviour, meaning the new laws will probably be met with a lot of praise from road users.

It has been said that the legislation will be monitored appropriately and police officers will have to make reasonable judgements. Anyone can make a small mistake and there is worry that the situation will be misjudged and those who don’t have the intent of causing problems will be reprimanded. However, action does need to be taken and as long as the situation is controlled accordingly, it is likely that the amount of personal injury claims will be significantly reduced over a short period of time.

Phoebe Willan, writing on behalf of Walker Prestons, a solicitors firm based in Blackburn, Lancashire.

How to avoid asbestos related disease at work

Asbestos fibres, elongated and extremely small are carcinogenic. It’s as simple as that. Once you’ve inhaled them, their shape and size cause them to work their way into your bronchi, alveoli and pleura where they might eventually cause acute and often terminal conditions such as asbestosis, cancer and mesothelioma. Your respiratory tract and lungs cannot expel asbestos fibres once they’ve been inhaled and so controlling asbestos exposure becomes paramount and is the primary purpose of the Control of Asbestos Regulations 2012.

Since bans on the extraction and use of asbestos came into force in the UK at the end of the last century, it is now primarily to be found in buildings constructed before the year 2000 in the form of asbestos containing materials (ACMs) including asbestos insulating board (AIB) and in dust from these composite materials lodged in ceiling and floor cavities. Legislation, specifically the Control of Asbestos Regulations mentioned above and more generally the Health and Safety in the Work Place Act 1974 exist to place a legal duty on employers to control asbestos exposure at work in the course of maintenance, repair or demolition of pre 2000 buildings and protect the health, safety and wellbeing of their employees undertaking such work. The same duty of care also extends to any non-employees who might be at potential risk, such as householders if the work is taking place in a domestic building.

Avoiding  asbestos related disease at work –  the law

Employers have a legal duty to provide:

1) Training in asbestos awareness to their employees.

2) Specific training in ‘non licensable’ and where applicable ‘licensable’ asbestos work, the latter referring to all work with asbestos lagging, insulation, sprayed coating and most insulation boards which requires a licence to undertake.

The basic rule in undertaking work in pre year 2000 built buildings is not to disturb anything containing or suspected of containing asbestos. Obviously some tasks make this disturbance inevitable in which case, considerable safety measures have to be taken to safeguard the health of the workers involved. This will include but not solely consist of the following:

• Researching prevalence of asbestos in the building from historical sources, i.e. plans, records of previous work etc.

• Using the provided personal protective equipment as trained to do.

• Avoiding working methods that create a lot of dust, i.e. power tools.

• Use wet rags or type ‘H’ vacuum cleaners to remove dust and debris.

• Cleaning waste away before it accumulates, double bagging and tying it and taking it to a licensed tip.

• Telling people nearby what you are doing.

• Using appropriate equipment, method and task sheets to control work.

• Not eating, drinking or smoking in the work area.

• Not re-using one-use disposable protective overalls or face masks.

• Washing/showering before breaks and before going home.

• Not walking on fragile ACM material.

 If you have suffered asbestos related disease at work in England and Wales, then you could be entitled to make a work accident claim for compensation.

Tim Bishop senior partner of Bonallack and Bishop – Solicitors with a specialist team of work accident experts. For more information about how to claim compensation for industrial disease or a work related accident, visit their specialist website at http://www.workaccidentsolicitors.co.uk or phone their workplace accident solicitors on 01722 422300.

US Travel Injury Claims Information for UK Travelers

Statue of liberty

Tens of millions of tourists arrive in the United States every year to experience its many landmarks, rich melting pot of cultures, and natural beauty. Most tourists will bring back photographs and fond memories. Unfortunately, not all vacations go as planned. Accidents can happen anywhere, and the United States is no exception. When traveling abroad, take a few steps beforehand to minimize the chances of an injury and for those who plan on staying in the US, consider hiring an immigration attorney for any legal assistance you may need.

Before Your Trip

Before visiting the United States, visitors may wish to look into automobile and health insurance. Automobile insurance is required to drive in the United States. Additionally, accidents are common sources of lawsuits in the United States. Rental car companies will usually offer a multitude of choices for insurance, including collision damage waivers and supplemental liability insurance. For an international traveler, getting both will be worthwhile. For health insurance, look into a temporary plan with extensive coverage; medical care in the United States can be very expensive. You may also want to be sure you have a customs attorney in your contacts just in case you have any troubles while on your trip.

Travelers should also identify their local consulate before traveling to the United States. In the unfortunate event that a United Kingdom passport is lost or stolen, the local Consulate General will help travelers replace their documents. The local consulate can also give travel advice. There are nine British Consulate Generals in the United States in different major cities; the British Embassy is located in Washington D.C. Knowing which is nearest to you is always prudent.

Additionally, international travelers should consider their mobile phone access. The United States has a wide coverage area for mobile phone users, but not all plans cover all countries. If your carrier considers the United States a roaming area, it may be wise to change your plan beforehand, as an unintentional extended stay or unexpected series of calls can greatly increase the cost of the trip. Alternatively, visitors can buy inexpensive prepaid mobile phones once in the United States. Visitors can simply buy a new phone, register the number, and use it for calls within the United States. When ready to leave, discard the mobile phone.

What to do if an Accident Occurs

In the unfortunate event of personal injury, leave the liability assessment to a professional, a lawyer with extensive experience in international and holiday injury claims such as Houston, Texas-based Michael P Doyle of Doyler Raizner, LLP. If the incident involved injury to someone else or that person’s property, document the incident extensively. Take as many photographs of the scene as possible and memorize the license plate numbers of the vehicles involved in the collision. It is unlawful to leave the scene of an accident in the United States without exchanging information, and in the event of a hit-and-run incident, victims will be able to identify the fleeing vehicle.

Contact emergency services immediately if any accident occurs and anyone is injured. In the United States, the emergency phone number is 9-1-1, which provides the same essential emergency services as 9-9-9. Describe the nature of the incident and respond to the dispatcher’s questions. If travelers are unsure of their location, they should provide the nearest street address and the street name, or ask someone nearby.

If a tourist is involved in an automobile accident and if he or she has obtained the proper insurance, he or she will have little involvement in subsequent proceedings beyond making a statement to the insurance company and providing copies of the police report. In the United States, the at-fault party’s insurance generally pays for the damages. In such a case, the victim contacts the at-fault party’s insurance and initiates a claim by phone. The insurer will send out an independent adjuster to inspect the damages and recommend a payment amount.

Victims who are not adequately insured can seek legal counsel in the United States and file a lawsuit against the at-fault party. However, this is expensive, time-consuming, and with planning, unnecessary. With just a few simple precautions, filing a claim for injuries to persons or vehicles will not be necessary. Insurers will subrogate the claims, allowing victims to heal quickly and get on with their vacations.

Akilah S. Richards has worked as a legal assistant in the area of personal injury, and knows how effective an experienced lawyer can be in helping manage the accompanying stress and legal necessities of an accident.  If you or someone you love has been hurt, possibly due to someone else’s negligence, consider contacting Michael P Doyle of Doyle Raizner, LLP for sound advice on what to do next.

Photo Credit: http://www.flickr.com/photos/thomasjm980/8055665322/