Personal Injury Law Blogs

Understanding Brain Injury Claims: Glossary of Brain Injury Terms

If you’re looking to make a claim for a brain injury that you or someone close to you has sustained then you will need to understand basic brain injury terms. Doctors and lawyers tend to throw around complicated terms that you may not fully understand, which could hinder your claim. Here’s a collection of definitions of some of the most common words and phrases that are associated with brain injury.

Amnesia: is essentially a failure of memory, with head injury it is classed as Post-Traumatic Amnesia or PTA and signifies the time between your memory loss and when you can recall clearly.

Aneurism/ Aneurysm: regardless of the spelling, this describes a condition where an artery has become enlarged or dilated as a result of a weakened wall.

Anoxia / hypoxia: this is a serious situation where there is complete oxygen starvation to an organ or tissue. If the condition doesn’t involve complete oxygen deprivation it’s often called hypoxia. When referring to oxygen starvation of the brain this condition is called cerebral anoxia/ hypoxia.

Aphasia / Dysphasia: is the name given to the condition of having difficulty in understanding or communicating language due to brain injury. If the loss of language is only partial then it is referred to as dysphasia, whereas aphasia is complete loss.

Athetosis: refers to unusual wriggling movements normally seen in the hands. These movements occur in several brain disorders and can come on as a result of brain injury.

Basal Ganglia: is the name for the grey matter found deep in the brain below the cerebral cortex. The basal ganglia are involved in controlling movement, when injured they can cause movements that resemble Parkinson’s disease.

Brain Stem: the most vital parts of the brain are located in the brain stem – the part of the brain that is located next to the spinal cord. The brain stem is responsible for survival as it controls important activities like breathing, heart rate and arousal.

Cerebellum: is the area found at the back of the brain, below the cerebral hemispheres. The cerebellum is important as it controls movement, co-ordination and balance.

Cerebral: this is the medical term for talking about anything concerning the brain.

Cerebral Cortex: is the layer of grey matter which can be found on the top of the brain. The functions carried out by the cerebral cortex include perception, voluntary movement, thought, language and memory.

Cerebral Hemispheres: refers to the right and left sides of the brain which are divided by the longitudinal fissure (the line down the middle). Although most functions are carried out by both hemispheres each half tends to have a dominant responsibility for a particular function.

Contra Coup: is the term given to the bruising of brain tissue in the side opposite to where the trauma occurred.

CT scan/ CAT scan: a CT scan is several X-rays taken at different levels to build up a complete picture. This helps to see where the damaged area is, and what specifically is affected.

Diffuse Brain Injury: this is the medical term for a brain that has sustained injuries in many areas rather than in one specific location.

Diencephalon: is essentially the midbrain. This area contains the nerve centres which control appetite regulation, sexual arousal, thirst, temperature control and some aspects of memory. This area also contains the thalamus which is the body’s sensory gateway to the brain.

Diffuse Axonal Injury (DAI): is the name for an injury involving tearing of nerve fibres across the whole of the brain. This occurs in about half of all severe head traumas and is often linked with diffuse brain injuries.

Dyspraxia: this is the inability to carry out purposeful movements although maintaining the ability to move and be aware of the movements being made.

Electroencephalogram (EEG): EEG is a test that is used to measure changes in electrical activity within the brain. The brain’s cells emit tiny electrical signals when they send messages to each other, measurements help to diagnose and manage brain activity.

Frontal Lobes: are the biggest part of the brain, found at the front of both cerebral hemispheres. The frontal lobes control voluntary movement, speech, thinking and reasoning, decision making and planning. These actions give the frontal lobes a vital role in social behaviour, creating your personality and displaying and understanding emotion.

Glasgow Coma Scale (GCS): The GCS is a scoring system out of 15 that is given to patients with a head injury to determine their degree of unconsciousness. A score of 7 or less indicates that the person is in a coma, the maximum score of 15 suggests that the patient is able to respond to verbal or visual commands.

Grey Matter: is the term given to nerve cell bodies that are found in the brain. These nerve cells have a greyish appearance and help to make up the cerebral cortex.

Haematoma: refers to when blood pools in an area and swells resulting in the compression of the brain which can be damaged by this effect.

Hippocampus: is a structure on the inner surface of the temporal lobes largely made of grey matter. The hippocampus has an important role in the memory process, damage to this area can lead to memory problems.

Hypoxic-Ischaemic Injury: similar to hypoxia, this refers to damage that’s been caused by an interruption of oxygen supply that’s caused by reduction of blood flow to the brain. This commonly occurs when the heart stops beating during a cardiac arrest.

Intracranial Pressure Monitor (ICP): is a device that measures the pressure inside the head using a monitor that is inserted through the skull. Most serious and moderate head traumas will require intracranial pressure monitoring.

Magnetic Resonance Imaging (MRI): this is a machine similar to the CT scan, however it uses a different technique in order to produce high resolution images of the brain providing much better detail. MRIs use a magnetic field rather than X-rays in order to produce an image.

Motor Cortex: is part of the brain which is involved in planning and executing voluntary movements. The motor cortex is found at the front of the primary sensory cortex on the upper surface of the brain.

Nasogastric Tube: is the tube that is put through the nose which goes down the throat and into the stomach to give liquid food to the patient.

Neuro-Transmitters: these are the chemicals used by the nervous system to send messages which aid or obstruct functions of the nerve cells.

Oedema: is a condition that means that there is increased water content in the brain, causing brain swellings.

Occipital Lobes: refers to the area at the back of the cerebral hemispheres which contains the main visual centres.

Persistent Vegetative State (PVS): if the patient has suffered a severe brain injury they may enter into a PVS after being in a coma. PVS means they will be able to carry out basic functions such as breathing and maintaining a heartbeat but they will not show any level of consciousness.

Respiratory Arrest: is the name given to the condition when breathing stops and no effective supply of oxygen is going to the blood from the lungs. Respiratory arrests can lead to cardiac arrests if breathing is not restored.

Sensory Cortex: is found on the upper surface of the cerebrum, behind the motor cortex. This is the part of the brain that is responsible for the sensations that are experienced in the body.

Somatosensory Evoked Potentials (SSEPs): are the electrical responses that a brain produces from an EEG following the stimulation of nerves in the limbs. Often used to gain an insight on a patient in a coma.

Temporal Lobes: are part of the cerebral hemispheres, found under the frontal and parietal lobes. The temporal lobes control functions largely associated with hearing, language, visual perception, memory and emotion.

Ventilator: is a machine that breathes for an unresponsive patient. It artificially breaths for the patient, delivering humidified air with the appropriate level of oxygen at a steady rate and pressure.

White Matter: this is the nerve tissue in the brain which is composed of myelin covered axons that transmit electrical signals through the nervous system. White matter is found under the grey matter in the cerebral cortex, it also travels down through the brainstem and into the spinal cord.

About the Author- Hugh James solicitors are a Top 100 law firm who specialise in spinal and brain injury claims. So if you’re planning on making a brain injury claim, Hugh James solicitors can provide you with the expert advice and guidance you need.

Common Car Malfunctions that Can Lead to Accidents

car malfunctionVehicle malfunctions can cause some of the worst imaginable accidents. Car malfunctions are sometimes rather innocuous, such as having the “check engine” light come on and stay on; no matter how many times a mechanic checks the engine. There are other malfunctions, however, that can be deadly. Most of them can be eliminated by simple maintenance. If you’re not taking your car in for regular maintenance work, you might be putting yourself and everyone else on the road at unnecessary risk.

Brakes

This should be obvious enough. If your brakes malfunction, you can end up in an accident simply because you could not slow or stop. The brake system is likely more complex than regular people want to deal with, though it is within the realm of what those with moderate mechanical skills can fix. For most people, however, it’s imperative to get your brakes checked whenever there is a problem. Having to push the pedal very far toward the floor, squeaking and other signs of brake trouble need to be investigated right away. Just as a tip: it’s usually cheaper to have the brakes fixed if you do it right away and avoid more extensive damage.

 

Headlights

Your headlights, of course, are the most important system on your vehicle when you’re driving at night, but you should leave them on during the day, too. One of the issues that urban drivers tend to have is that it’s hard to figure out when your headlights have actually gone out. Sometimes, it’s possible to leave them off and to drive around without even knowing it, due to the fact that streetlights will illuminate the roadways sufficiently in cities. If your headlights go out, however, you’re in real trouble and are presenting a serious risk to other drivers. Check your headlights often to make sure that they’re both working.

Do You Have an Issue?

The NHTSA has a database that you can sort through to find any problems that might be related to your particular vehicle. This includes recalls, so there is plenty of good information in the database that motorists should be aware of. If you’re considering purchasing a new car, it’s a good idea to check the NHTSA site first to see how the car stacks up in terms of testing, complaints and so forth.

Driving a car that is not properly maintained is most certainly negligent and, if such a driver destroyed your vehicle, caused you injury or worse, a lawyer may be able to help. Consultations are usually free from these professionals, so there’s no reason to delay.

How to maximize your insurance claim for pain and suffering after an accident

Many people have a hard time wrapping their mind around understand what constitutes pain and suffering in a personal injury / car accident claim and how to go about maximizing the claim for pain and suffering.  Pain and suffering is a non-economic damage.  In California where I am licensed to practice law, we call it general damages versus specific damages, which refer to hard bills such as medical bills, car damages, loss of wages and damages with otherwise clear monetary value.  However, general damages are difficult to calculate.  In order to claim this by putting a money value to it will first require an understanding of what this pain and suffering is.  As a California car accident lawyer, calculating and maximizing pain and suffering is the biggest job an attorney must be able to excel in order to make hiring a personal injury attorney worth it economically for clients.

Pain and suffering constitutes any loss and suffering caused by the accident.  Pain and suffering is ascertained through ways of objective means in the eyes of jurors in a courtroom.  A plaintiff’s attorney must be able to persuade reasonable minded jurors on how much the pain and suffering will cost on top of the specific damages.  Factors involved in calculating pain and suffering include how long you need to be treated for the injury; the level of pain; loss of freedom; loss of happiness; loss of hobby; loss of sexual pleasure; loss of family time; inability to care of children like before the accident; likelihood of future occurrence of  such injury and more.  To calculate how much these factors actually impacted the plaintiff will require a well presented story of the plaintiff in a courtroom.  A good trial lawyer must be able to tell a story of the plaintiff in ways relatable to ordinary people.  Without establishing an understanding of what the day to day life was like before the accident, it is difficult to grasp the level of loss of happiness and sympathy.  Of course, all this is when the case actually goes to a trial after a lawsuit is filed.  Therefore, it is always a good idea to hire a lawyer to handle your accident claim if there was an injury.  If you’re in Sacramento areas, Peter Park Law, a Sacramento personal injury attorney can help handling accident injury claims.

In cases where an injury is slight or minimal, it is often not a good idea to hire an attorney.  So in that case, how do I actually go about as a lay person to maximize the pain and suffering portion of your claim?  Use a demand letter stating 1) extent of your injury and 2) pain and inconvenience you suffered as a result of the injury.  Do not use an astronomical dollar amount but be reasonable.  Also, as an injury as minor and since you’re doing it on your own, I assume that this claim will be under the dollar limit for small claims court in your area.  Suggest in your demand letter that you’re going to pursue a legal action in a small claims court unless the demand is met satisfactorily.  Insurance companies do not like going to courts.  It costs money for their defense attorney to defend lawsuits than to throw in a couple more thousand dollars to meet your demand.

In sum, the best negotiation is achieved by the best negotiator in car accident cases.  A car accident attorney is usually far better equipped than non-attorneys to negotiate a case because of legal skills in his armory that can potentially cost the insurance company a lot more money if a case went to a trial.  However, it does not mean that a lay person cannot negotiate on their behalf.  Like discussed above, if an injury is slight and hiring an attorney doesn’t make sense, show your willingness to bring the claim in a small claims court and demand your general damages reasonably.  You will be able to maximize your pain and suffering portion of the claim.

Your professional life following a claim against your employer

Some of the most common questions that are put forward by people who wish to make a claim against their employers are, “how will this affect my work life?” or “will this reflect badly on me/ will I be blacklisted?” The first thing you should know is that any retaliation by your employer is likely to be illegal and can result in further legal action being taken against them. Here are some of the key things you need to know when making a claim against your employer.

Job Security

Many people worry that making a claim against an employer may result in them being fired or victimised. If you were injured in the workplace and the proper measures were not taken to insure that any accidents could be prevented then you are legally entitled to claim compensation. Due to the nature of employment law you are comprehensively entitled to making a claim under the same rules that allow you to report employment discrimination or sexual harassment without fear of repercussion or retaliation by employers.

Types of retaliation

In some rare cases your employer may become unfriendly towards you and retaliate by not inviting you to social events or being impolite towards you. These minor slights are not considered to be ‘retaliation’ and you are not protected from harming their personal feelings towards you. However, if they react in a more severe way that damages your professional reputation or character then it is illegal and can result in a further legal case. These forms of retaliation include:

  • False criminal charges
  • Refusal to give a reference or giving unjustified negative reference
  • Refusal to provide shifts/ reassigning job duties
  • Excluding you from training, meetings and other work activities
  • Any change to pay ie: suspension without pay, decrease in salary, not giving a promotion etc.
  • Organised exclusion/ bullying by co-workers or supervisors – these count as retaliation if management does not intervene
  • Unlawfully firing you or refusal to rehire

If it is found that your employer has been using any of these retaliation tactics against you during or after your claim then you need to take note of it. This is completely illegal and can be used to help develop your legal case against your employer.

Effect on the future

Your professional life should not be drastically altered by making a claim against your employer, however there could be damage to your professional life if the injury is particularly serious. For example if you’re a builder and you lost the use of your legs it would be very difficult to return to your previous job and the employer may need to reassign you to work around a disability. It is completely illegal for your employer to dismiss you as a result of you making a claim against them. There are over 1.2 million people in the UK who are injured at work and claim against their employers for compensation – if their employers fired them for making a claim then the UK’s unemployment figure would see a huge rise!

It is only natural that you would be worried about the consequences of making a claim against your employer; the last thing you want to do is harm your future by being blacklisted or fired. We’ve stated how you are protected against workplace retaliation and unlawful dismissal, but to ensure both sides leave happy then you need to have the best law firm in charge of your case. An excellent legal firm not only provides you with the confidence that you’re in good hands but are likely to help create a positive outcome for you and your employer.

About the Author – Hugh James are a Top 100 law firm that specialise in employer liability claims which can either involve an accident or illness as the result of those you work for. If you’re looking to take legal action against your employer then Hugh James’ specialist compensation solicitors can help get you the best result for all parties involved.

How to Recognize and Respond To Medical Malpractice

There is an old saying that goes,“If you have your health – you have everything.” Staying healthy takes effort, and every bit of that effort is worthwhile. Part of that effort includes going to a doctor for regular exams or to address a problem.

According to the personal injury attorneys at www.virginia-personalinjurylawyer.com, “in general, any instance where a health care provider – such as a hospital, physician’s office, doctor or nursing home – fails to meet the accepted standards of medical care is considered malpractice.” When a person enters a medical facility, they do so under the perception that they will be well cared for and will leave in better condition than when they entered. No one goes into a medical facility with the intent of being harmed. However, injuries still occur.

The question remains then, how do you determine the risk of malpractice before entering into a medical establishment?

Looking For Signs Of Medical Malpractice

While there is no sure-fire way to determine if you will be a victim of medical malpractice, there are a few things that you can look for before using a medical facility that may help you avoid being injured.

• Do Your Research

Before you decide to make an appointment with a doctor or facility, conduct a little background research on them. There are several information sites available that will tell you what the malpractice rates are for any facility, and there are also sites that will provide records on individual doctors. Your state may also have a database listing malpractice cases.

• Look Around When You Arrive

Is everything clean? Does everything smell right? This may seem like an unusual thing to examine, but infections are the leading cause of medical malpractice cases.

• Ask Questions

Does your doctor seem knowledgeable about your condition? Do they provide adequate answers? If the doctor does not seem to know, understand, or care about your condition, you may want to move on.

• Judge Levels of Treatment

Does the doctor seem to provide you with the right type of treatment or testing? Do they want to thoroughly look into your symptoms or are they giving a generic treatment plan so they can quickly move you out of the office? You need your doctor to be interested in you and your issue. Medical problems cannot be treated with a one-size-fits-all method.

While these are not the only signs that malpractice can occur, they are some of the most common warning signs.

What To Do If You Have Been Injured

If you are a victim of medical malpractice, you should find another source of trustworthy medical attention which can stabilize your condition, and then seek legal representation. As the victim of a personal injury, you are entitled to compensation for your injuries. Even if you believe that you may be a victim, but are not sure, you should seek legal advice.

Why is it so important to seek legal representation? First off, if you have been physically injured, there are many financial responsibilities that will come with that injury and you should not have to pay for that care.

The second reason that you should seek legal representation is that you can help prevent others from being harmed. If you do not step up and state that a medical provider harmed you, they will continue practicing medicine in this manner and harm others.

Your health is the most important thing that you have. Protecting yourself from danger is essential to your good health. If you do suffer from a malpractice event, you have rights as a victim.

As a former healthcare professional concerned with human rights, Molly Pearce writes to inform the public of legal issues involving their health and protecting themselves. Virginia-based personal injury firm Price Benowitz LLP, found at www.virginia-personalinjurylawyer.com, also serves to inform, and acts as legal advocate to individuals who have been injured as a result of medical malpractice. Their knowledge and experience in this practice area has given them a track record of success over the past fifteen years.

Steps to Keep in Mind if you have a Car Accident

Getting involved in an accident is the last thing that you would want, however if that ever happens there are some steps that you will always need to keep in mind. It is always good to be prepared when you face such situations. It is also good to keep a handy manual in your glove compartment, in case someone else is driving your car

Take Care of yourself and inform police:

The first thing to do after any accident would be to be sure about your own safety. Immediately check for injuries for yourself and then help others. Always keep a first aid kit and blanket in your car for emergency situations. However, do not move anyone who is unconscious or seriously injured. Immediately call 911 and ask for help. It is also wise to call the police and inform them of the situation. It is advisable to let the police know, especially if there is substantial property damage for you. If you inform the police the other driver’s details like his name, address, license number gets documented and it is very useful if you later need to take legal action.

Stay and the scene and document the details:

Never leave the scene of crime until it is appropriate. It is the cardinal rule of all car accidents. If you leave the scene where someone is seriously injured or killed you can face very serious criminal charges. Talk to the other drivers involved and get all their details including name, address, phone number, license plate number and other details. Try to be cordial and professional but do not apologise or discuss details. That way you might just push yourself into legal liabilities. Document the scene in as much details as possible. Use a camera or phone to take as many pictures as possible. It is also wise to talk to witnesses if available and ask them for details. Also ask them for their personal details, if they are willing to give them. It might be very useful if you lawyer or the insurance company wants to contact them.

Call a tow-truck

If your car needs to be towed call a tow truck. Call the assistance helpline of your car insurance company. If you hire a car with make sure you have insurance for that as well and having a car with a car tow-bar in such situations is always useful. If you do not have the emergency number the police can help you to get home or arrange for a tow truck

Contact your insurance company

Contact your insurance company as soon possible. Give them all the details that they require in details. Do not lie about anything because you can get into serious trouble because of it. Also get a copy of a police report so that you can prove your point to insurance company. Keep track of all your medical records after your treatment so that you can provide these details to your lawyer or insurer whenever necessary. However, be careful of any settlement offered by the insurance company. Always contact your lawyer before signing any official documents

Disc Herniation Claim from Auto Accidents

Many victims of auto accidents suffer physical injuries to their body and in many cases, such injuries can leave long term effects.  Sometimes the injuries manifest itself in immediate pain and physical symptoms but in many cases, they show later in time.  One type of auto accident injury, where no immediate pain can happen is disc herniation.  Our firm handles auto accident cases that caused disc herniation and as a personal injury lawyer, I have to be very careful to examine possible damages without a client reporting any pain if an impact was significant enough.

What is Disc Herniation?

So what is disc herniation?  According to Wikipedia, it is a medical condition affecting the spine due to trauma, lifting injuries, or idiopathic causes where a tear in the outer ring of a disc causes the central portion to bulge out beyond the damaged outer ring.  When the bulging occurs, often severe pain is caused when it compresses against the nerves around the disc.  This type of pain can present itself in electric shock pain, sharp needle pain, or tingling and numbness.  The pain also travels down to buttock and legs overtime.

Types of Tests Conducted to find Disc Herniation

MRI – Magnetic resonance imaging is usually done to confirm a diagnosis and to find the location and severity of a herniated disc as the test scans for soft tissue and muscle damages instead of just bones and ligaments.

CT Scan – Computed tomography scan can also take images of herniated discs as well as detailed images of bone structures of the spine.  This is often used when a MRI does not provide enough results.

EMG – Electromyogram can be used to diagnose nerve and muscle damages.

No Immediate Pain

If there is a disc herniation case where the bulge is somehow not compressing the nerves enough to cause aforementioned pain and symptoms, a thorough examination must be conducted to exactly pinpoint the bulge to access likelihood of future damages and pain.  This is why it is so important that your lawyer takes time to thoroughly conduct physical tests to claim damages in all spectrums.

Patience or Hiring an Attorney Pays Off

Insurance companies will often deny any damages absent clear showing of injuries.  If you don’t report pain to your doctor, often x-rays or MRIs will not be focusing on unreported areas and miss the damaged area.  Then using incomplete medical reports, insurance companies will cut you short with a low settlement.  This is why hiring an attorney becomes critical when your auto accident impact is great enough even without too much immediate pain.  Auto accident attorneys understand what a personal injury can do to a person’s life.

Future Damages

Future damages are often ignored by many plaintiffs claiming their damages without hiring an attorney.  An incompetent attorney may also overlook this area as one only focuses on visible injuries and pain and suffering derived from that injury in a present tense.  What about pain and suffering of the future?  Depending on the type of injuries, the future may not be so free from the present damage.  Disc herniation is a type of injury that can have lasting impacts in one’s future activities and happiness.  According to NY Times Health Guide, pain comes and goes from herniated disc.  In fact, my mother suffered a herniated disc at a young age and it caused a great deal of pain and inability to lift things and make income as a restaurateur later in life.

Additionally, all physical hobbies can be negatively affected with a herniated disc.  Being physically active may exacerbate  the injury and cause pain.  Future damages from disc herniation can encompass a great deal of loss of financial opportunities and happiness.

If I Get Hurt On My Own Property Do I Still Have A Case?

All of the residents of Toronto know that when you buy a home or a car you must purchase insurance; however, many people who rent do not believe they need renters insurance. Many renters believe the value of their personal property is so low that it doesn’t warrant the expense of insurance. Unfortunately, nothing could be further from the truth. Property insurance is one of the most valuable things a renter can own. If you have concerns about renters insurance you can talk to your insurance agent and ask them what renters insurance will do for you. An even better idea is to talk with one of the experienced car accident lawyers Toronto law firms have on staff. These fine Toronto lawyers can tell you their personal and professional experiences with property insurance with those who have purchased it and those who have chosen not to purchase it.

The people that believe the landlord’s homeowner’s policy will cover them in any way are mistaken. A landlord’s homeowner’s policy will not help a renter at all. It will not cover any of your personal belongings, but more importantly it won’t cover your personal liability. If you or one of your precious children leaves a rake on the sidewalk and someone walks by and trips over it you will be personally liable. One of the Toronto slips and fall injury lawyers will need to be retained to protect your interest. If you have purchased renters insurance your insurance will cover the liability. If you don’t have renters insurance you will be paying all of this out of your own pocket.

The same holds true if you are negligent about shoveling the snow off your sidewalk. If you get up one snowy morning and rush off to work before you shovel your walk you could be in for a law suit. As the occupant of the house you are responsible for the snow removal. If you fail to do so and someone slips and falls you are liable. If you are adding this up in your head you are beginning to understand how important renters insurance really is for you. Imagine if that person who slips on the ice injures their spine and suffers a catastrophic injury. This type of injury can rack up hundreds of thousands of dollars in medical and rehabilitation bills.

Now you understand the replacement of your personal property is just the bonus. The most important part of renters insurance is the liability protection. Contact the lawyers at Himelfarb Proszanski personal injury lawyers to see if they can help you determine if you have a case.

Author Bio:

Ted Sablint has years of experience in the legal industry and continues to share his insight with others through his blogs and can help you find the best car accident lawyer Toronto has to offer. After being involved in an accident he highly recommends you contact the team of Himelfarb Proszanski personal injury lawyers to help you get the compensation you deserve.

Someone injures themselves on your property…What is the first step?

Crisis mode. An employee, visitor, client, etc. has injured themselves at your office. What do you do next? Obviously there are hundreds of thoughts going through your mind, and probably the last one is what legal actions could arise from this. But, you should always be prepared.

Step 1:

Assess the situation. Determine to the best of your abilities how injured the party is and if they need medical attention. If there is any hint of injury; physical or psychological it is best to seek medical treatment. The medical assistance will not only help the injured party but also keep a documented record for you on the extent of the injuries, the time it occurred, and even the conditions present at the time of the injury.

Step 2:

If possible take photos of the situation. If medical assistance is not needed, consider calling the police to make a report. The more that is written down the better. Photos of the injury (or lack there of) and the area in which it occurred will be very helpful later on.

Step 3:

Call your home or business insurance company. The sooner the insurance company is in the loop the better and they can assist you with the phase in order to prevent a lawsuit.

Should a lawsuit arise or the injured party seek medical expense reimbursement call an Alabama attorney. The personal injury attorneys at Parkman & White will be able to assist you through the pre-litigation process and if necessary the litigation process.

Worker entitled to make claim against employer after he fell eighteen feet from a platform

A South Wales worker could launch a personal injury claim against his employer after he was knocked almost twenty feet from the platform he was standing , suffering serious injuries as a result.

A worker could make a claim for personal injury against his employer – an engineering farm – after the fall from height last year.

The incident occurred on 14 January 2012 when the worker – who asked not to be named – was using a scissor crane to replace high level lights in the workshop of a South Wales engineering firm, Dollcast Ltd. The worker suffered serious injuries as a result, including five broken ribs, injuries to his elbow and damage to his hip.

The Health and Safety Executive subsequently investigated the case after it was brought to its attention. This investigation recommended that a prosecution be initiated against Dollcast under s.3(1) of the Health and Safety at Work etc Act 1974, namely that the company had failed to ensure, so far as was reasonably practicable, that persons not in its employment who may have been affected by the undertakings were not exposed to risks to their health and safety”.

The case came before the Brigend Magistrates Court on 13 May 2013. The court heard that the self-employed contractor had been carrying out his duties on the scissor crane when an adjacent gantry creane had knocked into the scissor crane, knocking the worker to the floor. The HSE’s investigation found that there was not a suitable system of work in place and that a suitable risk assessment hadn’t been carried out and that there hadn’t been an attempt to isolate the gantry crane from the work conducted by the scissor crane.

The Magistrates Court found the company guilty of a breach of the Health and Safety at Work etc Act 1974 after the company pleaded guilty. Dollcast Ltd was fined £10,000 and ordered to pay the prosecution’s costs of £9,671.

Marc Hadrill, a solicitor at Redmans employment solicitors, commented on the case that “falls from height can be particularly serious for those affected – that’s why there are specific regulations to deal with them. Employers have a legal obligation – but also arguably a moral obligation – to ensure that their workers don’t suffer injury through fault on the part of the employer.”

HSE inspector Lee Schilling issued the following statement on the case: “This was a serious incident and, in a fall of six metres, this worker was lucky not to have lost his life. It was also needless and avoidable. The incident could have easily been prevented if a simple, suitable system of work had been used by Dollcast, including the secure isolation of the overhead crane from its power supply.”

Direct 2 Lawyers offer compromise agreement advice from specialist employment solicitors