Personal Injury Law Blogs

Getting Out Of A Traffic Ticket 101

Police Lights
Image: Creative Commons

We’ve heard the stories: a girl gets pulled over for speeding, turns on the waterworks, and the cop simply ignores that ticket he was reaching for and issues a mild warning instead. Is it true? Can crying really get someone out of a traffic ticket? Chances are that crying your way out of a traffic ticket won’t often work. Depending on the violation, like speeding or reckless driving, a cop has a duty to uphold the law. He or she might feel sorry for you, but he or she won’t break the law because you’re crying. Still, there might be a way out of that ticket if you know what to say. Here are some good (and legitimate) ways of avoiding a traffic ticket.

Don’t cry, but do offer a good excuse if it’s true.

Cops are people, too. They have bad days just like you. Cops don’t become cops because they enjoy punishing regular, average citizens. They believe in justice, which is why they pulled you over in the first place. Did you blow past that Stop sign? Speed through a school zone? They’re trying to keep others safe, and they want to make sure you’re aware of what you did. If you get pulled over, and you honestly don’t know why, tell them. Be sincere. If you were speeding and you had a good reason (your friend’s in the hospital, you’re late for an urgent meeting), let them know. They may let it slide, especially if this is your first offense. Keep in mind, though, that you should never lie to a police officer. They have bad days like the rest of us, but they also don’t appreciate dishonesty like the rest of us.

Plead your case.

If you’re stuck with a rigid officer who won’t hear any excuses, then you might just have to suck it up and take the ticket. Chances are, though, that you’ll be dealing with a reasonable person. In this case, take on an attorney role and plead your case. Explain why you had to speed, why you didn’t see that Stop sign, why you had to make that illegal U-turn. Be rational and respectful. Don’t waste his or her time with petty excuses, and whatever you do, don’t insult him or her or the “government” in general. Cops are doing their jobs; respect them enough to appreciate that. You may find that by promising never to do it again (and mean it), you might get a pass on this particular day. Cops are reasonable. Treat them with respect, and you might be shown the same. When push comes to shove and you already got a speeding offence, you can still defend your case with the help of top-notch speeding solicitors.

Just stay safe.

Getting out of a ticket isn’t easy, and it’s not always successful. If you’ve been disobeying traffic laws on purpose, then no amount of explanation will work. Speeding recklessly through a school zone is dangerous for everyone, and cops need to uphold the law as part of their job. Sometimes, though, you just need a break. You might find that a cop is more willing to give you one if you’re honest, sincere and respectful.

Warning: RI has 8 of the 10 Most Dangerous Interchanges in New England

It is a fact that New England has some of the most dangerous roads in New England. Rhode Island in particular has never been known for its easily navigable roads – yet the GoLocal Pro News Team has uncovered some chilling new facts.  In a recent compilation of the most dangerous New England interchanges, Rhode Island has “crashed in” on eight of the top ten spots.

Personally, I find it startling to note that 8 of the 10 most dangerous interchanges in New England, are located in the state of Rhode Island. All drivers must take extreme precautions now, to help avoid accidents and injuries that are becoming more frequent on these particular stretches of roadway.

(more…) “Warning: RI has 8 of the 10 Most Dangerous Interchanges in New England”

The Origins and Implications of Summary Jury Trials in Personal Injury Cases

In the early 1980s, District Judge Thomas D. Lambros devised the Summary Jury Trial (SJT) as a form of alternative dispute resolution (ADR) for cases pending in the Northern District of Ohio.  It was essentially a practice trial lasting no more than one day, and heard before a jury of six chosen via voir dire directly from the venire.  The intent was to provide an opportunity for parties to gauge how well their arguments would play in front of a jury.  At the time, the SJT was not being used in place of a trial, verdicts were not binding, and participation was mandatory.  The logic behind this form of ADR was to encourage settlement based on the SJT jury’s response rather than risk going to a formal, binding trial.  This incarnation of the SJT eventually disappeared from the system, potentially because jurors were mandated to serving as if it was binding even though it was non-binding.  Critics claimed the Court was abusing its authority by using members of the public to facilitate private settlements.

Reemergence of SJT in Personal Injury Cases

The SJT re-emerged in the early 2000s when Charleston County, South Carolina became the first county in the country offering the SJT as alternative to a formal trial.  This format has numerous advantages over the standard trial and is ideal for cases involving minor, non-permanent injuries.

In South Carolina, the SJT format includes a high/low ratio agreed upon by the parties prior to trial.  This benefits both parties because the jury’s award is overridden if the award falls under the low number or above the high number, which is typically policy limits.  This enables plaintiffs and their attorneys to recoup some money for themselves, and the defendant isn’t responsible for any amount above policy limits.

Additionally, the utilization of the SJT can curb expenses for both sides. Testimony is abbreviated, hearsay rules are less stringent, and excerpts from deposition transcripts and medical records can be read at trial, thereby eliminating the need for the presence of witnesses, including expensive medical experts.

One distinct disadvantage is the common practice of scheduling the SJT after discovery has been fully conducted and an actual trial date is imminent.  By this time, the defense has already spent loads of money on attorney’s fees and discovery costs and an insurance adjuster may decide to hedge his or her bets by taking a chance at a formal trial.  The same disadvantage applies to the plaintiff’s attorney because by this point, a lot of time has been spent working the case and although the appeal of receiving some compensation versus none may be attractive, that appeal could be overshadowed by visions of a large jury award of actual and punitive damages.  The risk for both, of course, is that one party will walk away with nothing at a formal trial.

Courses of action

A solution could be to embark on the SJT earlier in the life of the lawsuit.  If a case involves minor injuries, but the parties didn’t settle prior to suit, they might want to consider the SJT format closer to the beginning stages of the suit and agree to minimal discovery, thus reducing expenses and time spent working on the case.

Many courts throughout the country have adopted Charleston County’s basic model of the SJT as a replacement for formal jury trials.  For those individuals injured and seeking compensation, a personal injury lawyer can guide them through the process and move for a Summary Jury Trial if they feel it’s in the client’s best interest.The obvious advantage for jurisdictions adopting this format is when the SJT is widely utilized; small suits burdening the court system are alleviated, ultimately benefiting the taxpayers.

Jon Rivers is a legal marketing specialist and researcher dedicated to educating the public about the various issues associated with personal injuries and the law firms who help victims get justice. Find Jon Rivers on Google+

 

Building firm sentenced after death of employee on farm

A building firm and one of its directors have been convicted in Liverpool Crown Court over allegations that they failed to uphold health and safety legislation, with the consequence of the death of an employee.

Peter Halligan worked for Galt Civil Engineering Ltd (“Galt”) as a labourer. On 11 August 2008 he was assigned to install brick manhole chambers above a circular tank at Sutton Hall Farm, along with another employee. This involved Mr Halligan and his colleague working over exposed openings in the tank. On 14 August 2008 Mr Halligan and his colleague had been working on the manhole covers when his colleague went to collect a saw. However, when he returned to the work site Mr Halligan had disappeared; his body was later found at the bottom of the storage tank. The incident was reported to the Health and Safety Executive (“HSE”) and an investigation was undertaken into the manner of the accident and Mr Halligan’s death. This investigation subsequently recommended that a criminal prosecution be undertaken against Galt and its sole director, Mr Peter Stuart.

The case came to the Liverpool Crown Court on 8 April 2013. The Crown Court heard that Mr Halligan and his colleague had been required to work on the site without proper training or information, that no advice was given on how to work safely above a storage tank, and that no risk assessment was undertaken prior to the commencement of the work. The Court also heard that necessary health and safety equipment (such as a harness or a guard rail) hadn’t been installed and that Mr Stuart had visited the site the day before the incident, witnessing the employees working in such a condition, but had taken no action to remedy this. The Crown Court found both Galt and Mr Stuart guilty of a breach of s.2(1) of the Health and Safety at Work etc Act 1974 after they both pleaded guilty. Galt was fined £50 and ordered to pay costs of £24,974 whereas Mr Stuart was not obliged to pay costs but was fined £30,000.

Under s.2(1) of the Health and Safety At Work etc. Act 1974 employers must ensure, so far as reasonably practicable, the health, safety and welfare at work of all its employees.

Chris Hadrill, employment solicitor at Redmans, commented that “this case shows the risks for both employers and employees of a failure to comply with proper health and safety standards in the workplace. Mr Stuart and Galt Civil Engineering Ltd’s failure to provide proper equipment and undertake a risk assessment to identify hazard resulted in an employee’s death, which is a manifest tragedy. Further, Mr Stuart and Galt have paid the price with a criminal record, heavy fines and a hefty costs order”.

The Health and Safety Executive commented that “Peter Halligan sadly lost his life because his employer didn’t give any thought to his safety as he worked above a 15-metre deep tank. There were several ways the work could have been carried out safely, such as using a harness, installing a guardrail around the opening, or providing temporary covers. However, Galt Civil Engineering and Peter Stuart chose none of these.”

Redmans are compromise agreement solicitors

Personal injury claims and compromise agreements

In this post we’re going to take a brief look at personal injury claims and how they should be dealt with in compromise agreements. This will involve an examination of the following elements:

  1. What is a compromise agreement?
  2. Can personal injury claims be waived under a compromise agreement?
  3. How should personal injury claims in a compromise agreement be dealt with?

What is a compromise agreement?

A compromise agreement is a contract regulated by statute that allows employers and their employees to settle potential or existing claims in the Employment Tribunal or the civil courts. In return for waiving their right to pursue particular common law or statutory claims, the employee will receive “consideration” in the form of financial or non-financial benefits (such as the payment of a sum of money or the provision of a reference).

Can personal injury claims be waived under a compromise agreement?

Under a compromise agreement an employee agrees to waive particular statutory or common law claims against their employer, including unfair dismissal, wrongful dismissal, breach of contract, discrimination and harassment (among others). However, there are generally exclusions to the claims that can be waived in relation to claims for accrued pension rights and for personal injury caused by the actions or omissions of your employer.

Under a compromise agreement an employer may wish to obtain a waiver for any personal injury claims. This could relate to claims that have already been brought, existing claims of which the employee is not aware, and claims which have not yet arisen. In respect of the first two types of claim, an attempt to include these in a compromise agreement would probably be valid. However, it is not deemed fair for an employer to exclude liability for claims which have not yet arisen.

How should personal injury claims in a compromise agreement be dealt with?

Such matters should be dealt with in compromise agreements very carefully. The employee should seek expert legal advice from an employment law solicitor or personal injury solicitor on the value of any existing or potential claims for personal injury and may wish to price these into the value that has been placed on the compromise agreement, otherwise they are not being compensated for the loss of their rights in this respect. However, the particular value to be placed on these rights would depend upon what type of personal injury claim the employee has, how strong the claim(s) would be, and what value could reasonably be placed on those claims. If your employer tries to exclude liability for future personal injury claims then you may wish to resist this as these rights could become important in the future. For example, compromising a potential future asbestosis injury now could lead to problems in the future if this injury does manifest itself – you would have no recourse against your employer if they had been negligent or had breached a statutory duty.

Redmans Solicitors are compromise agreement solicitors based in London

Is My Daycare a High Risk Zone? What to look for

Parents today face certain challenges concerning the care of their children while they are at work. Finding a suitable day care facility involves a great deal of research. Even afterward, there are safety hazards that all parents should look out for in these environments, such as those below. 

Safety Hazards

The way that a facility looks on the outside and inside can be a good indicator of the overall level of professionalism to be found at the day care center. For example, watch for:

1. Shabby or unsafe stairways
2. Broken gates (both in and outside)
3. Unprotected electrical outlets
4.  Electrical outlets close to sinks and water supplies
5. Flammable or combustible materials
6. Unlocked water heater or furnace closets
7. Dead or decaying trees near play ground

Facility Equipment

The state of toys, playground and other equipment should be cared for to assure that children playing with and on these items are safe. Ones of particular concern that typically go unnoticed are:

1. Outdated or old seating and furniture
2. Worn and dirty toys
3. Broken, worn or outdated playground equipment
4. Non-age appropriate toys
5. Toxic art supplies like paints, markers, clay and inks
6. Plastic bags within children’s reach
7. Diapering areas too close to play areas

Activities

Make s that there is adequate staff available to handle the number of children present. Observe the atmosphere. If it seems overly hectic or unruly, there is a good chance that safety hazards are present. Activities that take place at the day care center should be safely executed. For example, children and staff should not be eating while using art materials or at any time when food could become contaminated. Charlotte attorneys, Auger & Auger state “the number of children in daycare has risen in Charlotte and NC the last decade. With this increase comes an increase in the number of daycares and injuries that occur whether due to lack of supervision or improper play equipment.” Thus, it is important for parents, guardians and loved ones to be aware and address any concerns.

Detecting Health Risks 

Any child at a day care center or school can become particularly susceptible to illnesses that get passed between children easily. For example, colds, flu, pink eye and head lice. When arriving and before leaving a day care facility, observe the children and staff to see if there are indications of illness. Examine the child’s head for lice weekly. If the child is ill, make arrangements to keep him or her home or cared for elsewhere. When children at a facility appear sick much of the time, this is an indication that it is time to review the facility thoroughly to ensure that adequate precautions are being taken.

Handling Deficiencies

Whenever a parent notices a hazard of any type, the issue should be taken up with the facility manager immediately. Document all instances of every concern with time, place, form and event, including conversations with staff and what attempts were made at resolving issues. Parents who find that their concerns are not addressed to their satisfaction should make arrangements to place their children at a different facility. One of the main reasons for this is that leaving hazards left to chance can result in unnecessary illness and injury for a child.

Unfortunately, some of these circumstances can be long lasting, permanent or even fatal. Also, when one child is exposed – so are all of the other children. If severe injuries or illness should occur, the child should receive immediate medical attention. If there is any suspicion of negligence, whether intentional or accidental, contact a personal injury lawyer to discuss options to resolve any conflicts. This will ensure that all medical and other costs associated with illnesses and injuries are fully covered.

Researcher and writer Nickey Williams writes this article to create daycare safety awareness. There are many parents out there who were under the impression that their child was in a safe place, only to receive a shocking phone call stating that their child was injured and in route to the hospital. Charlotte NC, Attorneys Auger & Auger are knowledgeable in all matters involving daycare negligence. They provide excellent legal representation to victims of personal injury.

Campaign Aims To Save Personal Injury Jobs

A campaign, called Save The Legal Industry, was launched last week in a bid to highlight the real implications of sweeping reforms made to the personal injury industry. Campaigners believe that the Job Loss Counter will show more than 100,000 job losses over the coming year ahead of the reforms, which include plans to increase the minimum claim amount from £1,000 to £5,000. Launched on Tuesday, the counter already held details of 2,500 job losses and the biggest hit appeared to be non-legal positions such as secretaries and administrative positions.

The government has claimed that reforms it is introducing will help reduce insurance premiums, a view that is believed to have been pressed by insurance groups. However, Direct Line and other insurance companies have already admitted that the changes are highly unlikely to yield any real results and that premiums are not likely to drop as a result of the action that is taken. A number of firms, legal professionals, and bodies have weighed in to the debate with those on the side of the claims industry pointing to the huge potential for job losses.

Changes have already begin to worry a lot of claims firms with some laying people off and even going bankrupt in anticipation of the reforms. It isn’t just lawyers, solicitors, and those directly in legal professions that are being affected either. In fact, according to the latest figures, it is those in more administrative positions that are really feeling the effects and the majority of the 2,500 job losses so far have been in these positions.

The campaign wants to gather 10,000 signatories for its petition which it will then deliver to Downing Street. An online petition has so far amassed over 3,600 signatures while an official government e-petition which was launched shortly afterwards has more than 600 signatures. 10,000 signatures means that the government will be forced to look at the changes while 100,000 signatures would mean that parliamentary debate on the topic would be opened.

My Coyne states that “The Law Society should have been at the forefront of this fight, but instead they’ve sat back and left it to others” and he went on to say that this inaction should lead to the same joblessness that those affected by the changes. He said “we call on the leadership of the Law Society to take responsibility.” A number of law firms have so far put their weight behind the campaign and having already gathered a considerable number of signatures, the campaign looks likely to build up more steam as more job losses are announced.

It is believed that the reforms to the personal claims industry will mean the loss of 100,000 jobs in law firms, claims firms, and other small claims companies. This will have a knock on effect on the families and loved ones of those concerned. If a majority of those affected sign the petition then it seems likely, at least, that the government will be forced to take a second look at further proposed changes to the industry.

About This Article

This article has been written and distributed on behalf of BCL Legal Recruitment who are specialists in finding solicitors jobs in London.

DUI Accidents & Wrongful Death Claims

It’s a sad fact that right around one-third of all fatal accidents in America are related to alcohol consumption. The toll that drunk driving takes on society as a whole is staggering, with reports showing an economic cost of $132 billion each year, but the human toll is, unfortunately, even more disheartening. Mothers Against Drunk Driving (MADD) reports that 27 people die due to drinking and driving every day in America. These accidents will often lead to wrongful death claims, so it’s important for everyone, from each side, to fully understand these tort cases.

Victim Families

The families of drunk driving accident victims are the most affected by these tragic accidents. Simply knowing that a loved one is gone forever due to another person’s neglectful actions is enough to eat anyone up on the inside. Although it does nothing to ease the pain related to such an event, family members will often need to bring forth wrongful death lawsuits in order to survive financially and hold a person liable after causing a drunk driving death.

People ranging from immediate family members to life partners can sue for damages if their loved one is killed in an accident. Additionally there are several types of damages that can be recovered. Financially related damages can include funeral costs, expected earnings and even loss of inheritance. On top of this, survivors can also sue for mental anguish, loss of companionship, loss of care and several other non-financial damages. In fact, the court may even award strictly punitive damages to punish the defendant in the case.

The Defendant

Though a victim’s family has already lost much in these situations, those charged with causing a death due to negligent DUI face serious issues as well. Understandably, the justice system is particularly harsh on drivers that it thinks caused the death of an innocent person due to drinking and driving. It’s important to never forget, though, that every person in America is entitled to a defense, and this applies to both criminal and civil proceedings.

Drunk driving cases are rarely open and shut; most people just think they are because of the perceived infallibility of breathalyzer devices. In actuality, these devices, and additionally, other field sobriety tests, can produce inaccurate results based on improper administration, police officer neglectfulness and other technical issues. As the website of a respected DUI lawyer in Arlington VA points out, “Police officers do not always understand the scientific basis of their sobriety testing methods, and come up with false positives.” Criminally, a person who causes a death while allegedly drunk driving could face certain types of manslaughter charges, but even if not convicted, they can still face serious civil penalties.

As previously mentioned, a victim’s surviving family members can sue for an abundance of damages. Unfortunately for the defendant in these wrongful death cases, awarded damages related to this type of incident have reached into the millions of dollars. The truth is, however, that if a driver wasn’t legally inebriated or didn’t actually cause the accident, then it wouldn’t be just for them to pay these types of rewards. Sadly, without an attorney by their side, many people accused of this negligent action end up financially ruined.

The toll that DUIs take on America is massive, but no one feels it quite as much as victims’ families and those charged with the offense. There’s no doubt that both sides will need an attorney since each specific case is different. There are times when a victim’s family will emerge, for lack of a better word, victorious after these cases, but there’s no doubt that some of those charged are innocent when it comes to these wrongful death suits. Only when both sides have legal help on their side will a just outcome for the case come to light.

Legal researcher Shelby Warden posts articles to help raise awareness of serious legal issues in our communities. At The Wilson Law Firm, a highly experienced DUI lawyer in Arlington VA is available to help individuals charged with DUI take the appropriate steps toward an effective defense. The firm’s lawyers have over twenty years of combined experience defending those accused of DUI in Virginia.

Treatment Options for Traumatic Brain Injury

Brain Injury

We often hear, “the world is a dangerous place.” The planet is not only filled with emotional problems and mental stressors, but many physical hazards, as well. While there are a number of dangers faced by individuals living in the world today, the development of a traumatic brain injury is one of the most common. And in addition to its extreme severity, brain injuries are considered by most experts to be relatively common—in fact, thousands of individuals will sustain a brain injury each year. Fortunately, there are options for those who have been diagnosed with this condition. Medications, surgery, and different types of rehabilitation are all good options for individuals who have suffered a traumatic brain injury.

What is a Traumatic Brain Injury?

Before one can learn about the treatment options for those who have been diagnosed with a traumatic brain injury, they should have a basic understanding of the condition itself. According to experts at the Mayo Clinic, a traumatic brain injury occurs when an external, mechanical force is applied to the head, resulting in cognitive dysfunction. While there are a number of factors behind the development of this condition, car accidents, athletic injuries, and other similar events are all commonly to blame. Depending on the severity of the condition, treatment for traumatic brain injury can vary quite dramatically.

Medications

As one might guess, medications are one of the most common treatment options for individuals who have suffered a traumatic brain injury. In many cases, patients require diuretic prescriptions, to reduce fluid retention and pressure within the brain. Similarly, brain injury patients may be instructed to take anti-seizure drugs—especially during the first few weeks after the incident, when seizures are most common. Finally, those with the most severe cases of brain injury may require coma-inducing drugs, to further decrease damage to the brain and surrounding blood vessels.

Surgery

While medications are often beneficial when it comes to lessening the symptoms of a brain injury, they may not always be enough. This is especially true for individuals who have been diagnosed with an especially severe brain injury, or have not responded to more traditional forms of treatment. For these patients, certain types of surgery—such as those that remove blood clots, repair skull fractures, or open a window to the brain—may be required. In most cases, the benefits of these procedures far outweigh any dangers associated with invasive treatment.

Rehabilitation

Finally, rehabilitation is an option for many individuals who have been diagnosed with a traumatic brain injury. While rehabilitative therapies may vary from case to case, they often include psychological counseling, physical/occupational therapy, and assistance from a social worker or case manager. Individuals who have been diagnosed with a traumatic brain injury and require further assistance may want to consult with their primary care physician. In most cases, this professional will be able to coordinate all appropriate care for patients who suffer with mild to severe cases of traumatic brain injuries.

It Is Never Advisable To Fight A Case On Your Own

Personal Injury Attorneys

If you have recently been the victim of an accident through no fault of your own, you may have tried to deal with the offending party or their insurance company on your own, only to have little to no luck. In the case of an auto accident that has left you with a personal injury, it is always a good idea to enlist the services of a professional personal injury attorney. A personal injury attorney is fully knowledgeable when it comes to law, and they are aware of every trick an insurance company may try to pull in order to get out of paying compensation for your pain and suffering.

It is never advisable to fight a case like this on your own, simply due to the fact that the average citizen is not always aware of their rights, and this can lead you to take a smaller settlement than you are entitled to, or possibly drop your claim if you are feeling too much pressure from the offending party’s side. A professional attorney can guide you through the legal process in order to help you obtain a fair amount of compensation.

Meet With a Personal Injury Attorney

Whether you have been in an accident with an uninsured motorist or you are having a hard time communicating with the responsible party’s insurance company, your personal injury attorney is here to assist you with all of your legal needs. When you meet with the attorney for the first time, you will want to provide them with as much information as possible in regards to your accident.

Information can be in the form of medical documents, photos of your injuries as well as photos of your car and the accident site, copies of the accident report, contact information of any witnesses on the scene that are willing to make a statement on your behalf, and if possible, the responsible party’s insurance and contact information.

Your attorney will go over your information with you and advise on the best course of action to take regarding your claim. They may suggest mediation, or they may feel the only option is to take the case to court and let a judge decide on the final outcome. Additionally, they may investigate the accident more thoroughly, which may include going back to the scene of the accident in order to gather more evidence.

Trust the Experts

Auto accidents can be quite costly to the victim, even if you have the proper medical and auto insurance. Additional expenses can come up that include medical bills that are not covered in your policy, as well as missed time from work. A professional personal injury attorney will work hard to fight for your rights, so you can focus on healing and moving on with your life in a positive way.

If you are ready to proceed with your case under the guidance of a professional attorney, contact your personal injury attorney for a consultation as soon as possible, so they can get started on your claim and help you through this matter in a professional and efficient manner.

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Anne Harvester is very familiar with the benefits offered by personal injury lawyers. For further information on the services that are provided by law firms Anne searches for http://www.thewernerlawfirm.com/. Add Anne on Google Plus.