Personal Injury Law Blogs

Dorset contractor fined after health and safety breaches

A Dorset-based contractor has been fined by a Magistrates Court after it was exposed that he had failed to adequately monitor health and safety on work sites.

Mr Anthony Fry had been contracted to carry out work on a farm in Dorset in 2011. This work included building a single dwelling at the farm and replacing the barn roof. One of the men that he had employed to carry out work on the roof, Mr David Clark, was crawling on a board adjacent to the barn when the roof that the board was balancing on collapsed, sending him plummeting to the ground. Mr Clark suffered serious injuries to his spine and ribs as a result. After the accident he was unable to return to work for almost two months and has subsequently changed careers. It is not known whether Mr Clark has claimed or will claim personal injury against his previous employer for his injuries.

The Health and Safety Executive was notified of the worksite accident after it occurred on 14 December 2011. An investigation was subsequently carried out and this investigation found that Mr Fry had failed to put in place a number of health and safety requirements. For example, whilst the job was being undertaken the mobile elevated work platform developed a problem, making it impossible to access the roof using this machine, and this meant that the workers had to rely on using a couple of crawl boards to crawl from the roof of an adjacent building to the barn to repair the roof. However, the adjacent building had a fragile asbestos cement roof, which gave way when Mr Clark was standing on it, causing his injuries. The Health and Safety Executive therefore recommended that a prosecution of Mr Fry be commenced for his breaches of health and safety regulations.

The matter came before the Weymouth Magistrates’ Court on 3 July 2013. The court heard how the HSE investigation had exposed a number of shortcomings with the work on the farm site, including a lack of edge protection around the roof, the necessity for workers to walk across a fragile roof to reach their workplace, and a lack of staging to spread the load (among other things).

Mr Fry pleaded guilty to a breach of Regulation 4(1)(c) of the Work at Height Regulations 2005. He was therefore found guilty and fined £2,000 for breaching the regulations. He was also ordered to pay the prosecution’s costs of £9,440.

HSE inspector James Powell commented on the case that: “In this case, the work had not been properly planned. Mr Clark and fellow employees were working on a fragile roof and yet Michael Fry had neglected to implement basic safety measures to protect them and minimise the risks of falls.”

Marc Hadrill, solicitor at Redmans employment solicitors, gave the following comments on the case: “Even contractors with limited resources have to comply with the law when it comes to making sure that the health and safety of their workers isn’t compromised by poor working practices.”

Redmans Solicitors are unfair dismissal solicitors based in London.

Hip implants – new studies show women and those with all metal hip implants are particularly vulnerable

Why do patients with all-metal hip implants experience more pain? The DePuy ASR and Pinnacle hip implants manufactured by American healthcare colossus Johnson & Johnson have caused great controversy in light of their remarkably high failure rates – which led to a worldwide recall of approximately 93,000 ASR implants back in 2010. Concern has been growing over the health problems caused by the metal components of the implants wearing down. However a new study from the Orthopaedic Biomechanics at the Hospital for Special Surgery (HSS) suggests that it is in fact tissue damage that causes patients the most pain.

Although the all-metal implants were originally marketed as more durable alternatives to similar ceramic devices available, they have been found to fail prematurely at an alarming rate – requiring many patients to have revision surgeries to replace the defective devices. The HSS study looked at 50 patients whose hip implant revision surgery was scheduled in light of unexplained pain, against 48 other patients whose second hip replacement operation became necessary as a result of infection, bone fracture, misalignment or loosening of the implant.

Scientists looked for evidence that tissue had been damaged by metallic shards from the implant. The severity of the damage caused was then given a score between 1 and 10. They discovered that 3 in every 5 patients with unexplained pain scored at least 5 on the tissue damage scale and that over 1 in 10 across both categories suffered from metallic debris collecting in their soft tissues. Amongst those with unexplained pain, there were 10 times as many with high grade tissue damage as in the other category.

Despite being warned as early as 2005 that there were serious problems with the ASR devices, DePuy did not recall the products until 2010. The company is now facing 10,750 lawsuits as a result and damages payouts are expected to cost parent company Johnson & Johnson billions of dollars.

Furthermore, according to a FDA funded study, it appears that women are at a greater risk of experiencing premature hip implant failure than men. The study comes at a controversial time for hip implant manufacturers with companies such as DePuy and Stryker having issued recalls of metal-on-metal hip devices amid reports of high failure rates – and with DePuy, in particular, already having lost one of the test cases arising out of the hip replacement recall scandal.

The FDA funded study drew upon data from 35,000 hip replacement patients and revealed a series of interesting findings. Most strikingly, women are 29% more likely to suffer from a failed implant than men, requiring many more women to go through the pain and trauma of a follow-up or ‘revision’ surgery in order to have their hip implant removed and replaced.

The study also found that more men receive all-metal hip devices such as the DePuy ASR implants which were subject to a global recall in 2010. Whilst the gender comparisons are interesting, there is little explanation as to why such differences exist.

Recipients of metal-on-metal hip implants in particular have complained of a whole range of health problems in recent years. Joint dislocations, bone loss, metallosis, implant loosening and tissue damage have all been cited in various lawsuits. One of the biggest concerns is metallosis, which is a severe form of metal poisoning thought to be caused by cobalt and chromium fragments flecking off the hip device as metal components grind together; a particular problem in ASR implants.

Following the high number of complaints, the FDA issued new guidelines for all-metal implants at the start of 2013. Doctors have been told to avoid the devices where possible and manufacturers will need to carry out much more extensive testing to demonstrate that new products meet the required safety standards.

Despite being warned as early as 2005 that there were serious problems with the ASR devices, DePuy did not recall the products until 2010. The company is now facing 10,750 lawsuits as a result and damages payouts are expected to cost parent company Johnson & Johnson billions of dollars.

If you have been the victim of the hip replacement recall scandal in England and Wales, then you could be entitled to make a claim for medical negligence compensation in respect of your pain and suffering.

Tim Bishop, senior partner of Bonallack and Bishop – Solicitors with a specialist team of medical negligence experts. For more information about how to claim medical negligence compensation, visit the website at http://www.themedicalnegligencesolicitor.co.uk or phone their medical negligence solicitors directly on 01722 422300.

Legal Aid Cuts – What You Need to Know

New legal aid reforms proposed by the government in early June have been met with outrage by barristers, defendants and human rights organisations. The plans are one of a number of reforms, such as the recent Jackson Reforms introduced in April 2013, which have been proposed to cut the cost of legal services in the UK.

The plans propose to introduce a price competitive tendering system where law firms will tender to represent defendants, no longer allowing defendants with legal aid to choose a solicitor themselves. The new system is based purely on money and not suitability which means that defendants won’t be able to choose the most suitable legal expert to deal with their case, which can be a particular issue for complicated cases such as fraud.

Since the news broke of the proposed plans, many people have spoken out against them. Maura McGowan QC, chairwoman of the Bar Council, said: “There is no avoiding the simple fact that these proposals would move us from having a justice system which is admired all over the world, to a system where price trumps all.”

The Bar Council, the body which represents barristers in England and Wales, has also condemned the government’s plans as potentially “damaging the British justice system, which is renowned worldwide for fairness and impartiality“. So it’s not just vulnerable people who could be affected by the reforms but the image of the British justice system could be tarnished.
Below is a guide outlining the facts on the legal aid reforms and who the changes will have an impact on.

Impact on defendants

• Defendants receiving legal aid will not be able to choose their solicitor.
• People receiving legal aid tend to be some of the most vulnerable groups in society including immigrants, ethnic minorities, homeless people and vulnerable women. Many of the people affected by the legal aid reforms have common social welfare issues including redundancy, housing issues and debt. The new plans will mean these groups of people will have their legal support limited.
• Defendants who require very specific advice may not get a fair trial as they may not have access to a specialist solicitor.
• Defendants in prison would have their legal aid limited to only parole and disciplinary hearings dealt with by magistrates. This would mean that prisoner’s rights such as living conditions, treatment and family rights could be compromised as prisoners won’t have access to the legal aid needed to fund a case.

Impact on solicitors

• Solicitors’ fees will be cut to enable firms to compete for the bids.
• Contracts will be awarded through tendering rather than which solicitor is best suited to the case.
• Smaller legal firms might not be able to compete with larger firms in the tendering process as the danger is that large corporate firms will start to offer legal aid services, and use their size to underbid smaller, specialist companies.
• The reforms will put pressure on specialist firms who deal with very specific cases and therefore hinder diversity across the legal profession.

Impact it could have on you

Legal aid cuts don’t just affect society’s vulnerable people, they could have an impact anyone. It may be that you’ve never needed legal help in the past but legal trouble could be just around the corner. For example, you could be charged with a driving offense, charged with assault when acting in self-defence, injured in an accident which wasn’t your fault or wrongly accused of a crime you didn’t commit. If this was to happen under the government’s proposals then you wouldn’t be able to choose the best solicitor for your circumstances, or a solicitor you trust, you would be allocated with an ‘all round’ solicitor who might not have the specific expertise to handle your case.

What next?

The Bar Council has approached Chris Grayling, the Justice Secretary, and asked him to ensure the decision he reaches is “a fully informed one.” The government’s response to the ongoing consultation between the Bar Council and the Ministry of Justice will be published in autumn.

Richard Meggitt is a partner in the specialist personal injury firm, ASD, which is based in Sheffield in the UK. ASD was established in 1984 and are a firm of qualified and experienced personal injury solicitors.

How to claim compensation following a military injury

If you sustain an injury during service in the United Kingdom Armed Forces, there are two avenues which you can follow in order to claim compensation.

Most commonly, military personnel choose to instruct a specialist accident claim solicitor and make a personal injury in the same way as a civilian through the county court. However, some choose to make use of the Armed Forces Compensation Scheme (AFCS), an initiative which was introduced to replace the War Pensions Scheme back in 2005. Through the AFCS, members of the Armed Forces (or family members claiming on their behalf) are able to make ‘no fault’ compensation claims following injuries sustained in service.

Armed Forces Compensation Scheme – its limitations

The purpose of the scheme was to reduce the number of military injury claims going through the already congested county courts – and to this end, the scheme can be judged largely to have been a success. However, there are major flaws with the scheme, the most notable of which is that military personnel are unlikely to receive the maximum amount of compensation they are entitled to and are which they are more likely to receive by making a compensation claim in the county court. The AFCS uses an inflexible 15-point scale to classify injuries, which means that the individual circumstances of a military injury are not taken into account when determining the size of the payout. Therefore, despite the fact that a comprehensive range of injuries of varying seriousness are recognised by the scheme, the compensation payouts are formulaic and often insufficient.

Perhaps the clearest indicator of the very real limitations of the AFCS is the £570,000 claims ceiling. No matter how serious the injuries are, the AFCS will never pay out more than this figure, and considering that compensation for the most serious accidents heard in the county court can result in seven-figure payouts, this limit can mean compensation payments are very meagre indeed. It seems as though crucial considerations are being overlooked by the AFCS such as loss of earnings due to forced retirement, loss of pension entitlement, the cost of adapting living quarters and the cost of medical treatment. Payments for these kind of losses or expenses are accounted for in any county court injury claim payout.

One of, if not the only, advantages the AFCS has over making a claim in a civilian court, is that it does allow claimants up to 7 years in which to file a claim – in contrast to which county courts have a strictly enforced. three-year limitation period, after which time, unless there are exceptional circumstances, any accident victim will lose their right to make a compensation claim entirely. Even here however, there can be a problem with the Armed Forces Compensation Scheme – in practice, it appears that Armed Forces members are often are told by the military that they have 7 years in which to make their claim, which is, of course ,true in so far as it relates to any claim made under the AFCS, only to discover that the county court deadline has passed in that time.

Tim Bishop senior partner of Bonallack and Bishop – specialist solicitors with expertise in military medical negligence and injury claims. Call them on 01722 422300 or for more information visit their specialist website at http://military-lawyer.co.uk

 

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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.