Personal Injury Law Blogs

Facts about Drunk Driving Accidents

Drunk driving and speeding are the two leading causes of traffic fatalities and injuries. In 2010, more than 10,000 people were killed due to the actions of a drunk driver, and this accounts for 31 percent of all of the traffic fatalities that occurred that year. Additionally, more than 524,000 traffic injuries are attributed to drunk drivers each year in the U.S. alone. Although approximately 1.4 million people are arrested for a DUI annually, an estimated 110 million additional drivers will get behind the wheel while they are intoxicated.

Does Age Impact Drunk Driving Accidents?

Although younger drivers are more likely to be arrested for a DUI, the age gap is not nearly as wide as most people would assume. In 2010, drivers between the ages of 21 and 24 accounted for 34 percent of all the DUIs that caused a fatality. However, drivers aged 25 to 34 were responsible for 30 percent of the drunk driving related deaths, and drivers between the ages of 35 to 44 caused an additional 25 percent of the DUI fatalities.

Not only does this prove that anyone between the ages of 21 and 44 represents a high DUI risk, but it also proves that underage drinking does not cause the most fatalities. In fact, the remaining 11 percent of DUI related traffic fatalities in 2010 were caused by a combination of drivers under the age of 21 and over the age of 44.

Dealing with an Accident

If you are injured by a drunk driver, you should contact a personal injury attorney after you receive medical attention. It may be necessary to sue the other driver, and contacting a lawyer quickly can help you determine the viability of your case. In order to file a successful lawsuit, you will need to gather as much evidence as possible. Therefore, you should keep copies of anything that you receive from the hospital or your doctor.

If you are at fault for the accident, you should get in contact with a driver defence service who can help you to deal with the offence (UK suggestion above).

It is also a good idea to take photographs of your injury and the scene of the accident. This documentation will make it difficult for the driver’s attorney to refute your injury claims. However, you can make an even stronger case by obtaining a medical expert witness who can explain to the judge and jury exactly how the accident caused your injuries and how they are expected to impact the rest of your life.

Causing a DUI Accident

If you choose to drive while you are intoxicated, you are taking a very big risk. Not only will a DUI charge cause you several legal and social issues, but injuring or killing another person will cause you to face very strict fines and penalties. According to the website of a highly respected NJ DWI lawyer, if you injure someone in New Jersey while driving under the influence, you can be charged with an indictable or felony level criminal charge where a judge will determine your fate. Every state enforces serious penalties and fines for those convicted of DWI with injury charges.

For example, if you are convicted of a first offense DUI in Michigan without injuring someone, you can receive a prison sentence of up to 93 days, a fine up to $500, 360 hours of community service and a mandatory interlock ignition device for your vehicle. However, if you injure someone, you will be facing up to five years in prison and a fine of up to $5,000. The penalties associated with killing someone while driving drunk in Michigan include a 15 year prison sentence and a fine of up to $10,000.

The most important step that you can take if you are arrested for a DUI is contacting an attorney. Although you do not have to take a lawyer with you to court, your odds of avoiding a DUI conviction will be greatly increased with an experienced attorney on your side. View here to learn more information about DUIs and how to deal with situations like this.

Legal researcher Shelby Warden writes articles to raise awareness in our communities. Evan Levow, of Levow & Associates, is a nationally recognized NJ DWI lawyer who set the standard for DWI defense and prosecution in New Jersey while representing the lead defendant in a DWI Breath testing case that also affected national protocol. He represents clients in all 21 counties in New Jersey.

Should Punitive Damages Be Eliminated?

Punitive damages are monetary damages that are awarded to a plaintiff to punish the defendant and to deter the defendant from engaging in similar conduct in the future. These exemplary damages are awarded to the plaintiff in addition to the actual damages awarded by either the jury or the judge if the right to a trial by jury has been waived. Awarded in civil lawsuits, punitive damages have been awarded in the court of law since the 1970’s and are meant to benefit society as a whole.

What Types of Conduct Might Lead to Punitive Damages?

Punitive damages are seen as a way to send a message to the defendant, but they are also very controversial in both civil and product liability lawsuits. Because there is not a definitive definition of punitive damages, the wrongdoing that the defendant is found guilty of can vary. If the defendant acts intentionally or with malicious intent, they may be ordered to pay punitive damages. Some of the most common damaged awarded to plaintiffs are when the conduct can be justified as oppression, reckless, violent in nature, fraudulent, or malice. These non-compensatory damages are typically only rewarded to plaintiffs after compensatory damages are awarded.

Why Are Punitive Damages Unique in Civil Law?

Criminal law and civil law are different in many ways. One of the main reasons why punitive damages are unique and also controversial in civil law is because they are awarded in civil law but they mimic the awards that would be granted in a criminal case. Civil cases that are filed by plaintiffs in private civil lawsuits are typically involve granting awards that are compensatory in nature. Because punitive damages are non-compensatory in nature, they are similar to the judgments that are awarded in a criminal case. This is why punitive damages are often characterized as “quasi-criminal”.

Why Do Critics Believe that Punitive Damages Need to Be Eliminated?

There are both supporters and critics of punitive damages. While the supporters believe that these damages act as a compensatory award when the actual losses the plaintiff suffers cannot be described as a tangible harm, critics say that these quasi-criminal punishments are not fair or reasonable for today’s modern society. Critics say that these punishments, which are criminal in nature, should not be enforced on defendants who do not have the normal protection under the criminal court procedure.

Another critique that must be considered is the vagueness of the standards that are set to determine how much punitive damages should be awarded. While some states have developed new procedures and new definitions of what is considered eligible for punitive damages, the guidelines for assessing punitive damages are still very muddled and cloudy.

The Undeserved Financial Windfall Argument

These non-compensatory damages are justified because supporters believe that by awarding these damages, it benefits society in the future by deterring the defendant from harming or injuring another party in the future. Critics argue that awarding plaintiffs with undeserved financial compensation does not benefit society in any way. The public does not benefit from the plaintiff’s compensation and some states are requiring that these damages are awarded to the state for public good.

When justice and public good are considered, punitive damages will continue to be a controversial issue. Based on the vague classifications of damages, punitive damages should be eliminated. There is no proof that these damages do deter future misconduct and the idea of being awarded punitive damages may actually may society more litigious.

Byline
This piece was written by Michael Woodrow, a freelance writer who focuses on law, social justice, law and media, legal philosophy, the legal system, and other areas. Getting involved with the legal system often complicates one’s life in many ways; improving one’s record can often help with your job.

The Injuries You’re Most at Risk For at Work

Let’s be honest, some jobs are dangerous and require tasks that aren’t always the safest. Most companies do a substantial job of protecting workers and enforcing security measures, but accidents just happen unexpectedly.

An employee or employer could be at fault for the accident, but most circumstances are random and it’s hard to determine fault. However, workers must be protected while on the jobsite because their overall health and wellbeing is at risk. While injuries affect health first and foremost, injuries cause heartache in other areas, such as family, income and psychological damage.

Which Injuries Are More Prone To Occur?

According to previous data, from 2007-2011, the most common injuries reported on jobsites are trauma to muscles, tendons, bones, ligaments, the back and spinal cord. These injuries are more likely because of the nature of some jobs and because these injuries are more common across the board. Depending on the nature of the job, these injuries just occur from time to time and the employer is responsible to take care of the worker—worker’s compensation.

Don’t Be Neglected

To be protected from negligence by the employer or a refusal to provide compensation for injury and damages, lawyers are equipped to offer legal advice and service to protect workers and help them receive the compensation they need.

As a worker, in any field, you don’t have to put up with negligence. While you may not want to start a lawsuit, to avoid controversy, it’s the necessary action if you have been wronged in such a case. Also, you may not have to go to court, but file a claim and settle outside of court.

As a worker, the smartest decision is to consult with a legal professional, especially one who specializes in personal injury law. Legal advice is most important because it will help you make the right decision and steer clear of making a poor decision that will hurt or impede your current situation.

No matter what profession you’re in, or the company you work for, if you have been wronged in a personal injury case on the job, then you deserve the right to legal action. Not only are you receiving what you deserve, but you might make a statement for other workers who may be wronged as well.

Bio: Trent is a writer/marketer for Genesis Net Development and works with clients in numerous disciplines to develop greater web presence. Trent is also studying in the field of journalism.

(Links are affiliated with Joe Carson, Oklahoma Injury Lawyer)

The Differences Between New Jersey and Pennsylvania Intestacy Law

Guest blog post regarding the differences between New Jersey and Pennsylvania Intestacy Law.

Mourning the loss of a loved one is a difficult process, and you are often left to deal with legal issues that can make this time even more stressful and confusing. If your loved one did not leave a will and was 18 or older, they are said to have died “intestate.” Intestacy law is there to ensure that the family is not left uncared for. Damages are divided under this law amongst the remaining family members.

The priorities under intestate law for Pennsylvania and New Jersey are similar, but not exactly alike. Given the different circumstances, intestate law determines the order in which estate and belongings are distributed. Learn the priorities and differences between Pennsylvania and New Jersey intestacy laws:

  • In New Jersey, if there are no children or parents involved, everything goes to the spouse. Pennsylvania intestacy law states that as long as no parents or children are living, everything goes to the spouse as well.
  • If there is a spouse and parents living and no children, in Pennsylvania everything goes to the spouse. In New Jersey, if spouse is living and parents but no children, the spouse takes the first $50,000 plus half the balance of the estate and the remainder is equally divided between the parents.
  • New Jersey intestacy law states that if children are involved and related to the spouse, the spouse gets the first $50,000, plus half the balance of the estate; the children of the same generation split the remainder equally. In Pennsylvania, if the children are also the spouse’s, the spouse takes half the estate and $30,000. If the children are not the spouse’s, the spouse only takes half the estate and the remainder is divided amongst the children.
  • In Pennsylvania, if there is no spouse, the children take all and shares are divided equally to children of the same generation. Only if there are parents, no children or spouse do parents share equally in Pennsylvania. In New Jersey, if there are no children or spouse, parents split equally. If there are no parents, the parents’ children of the same generation divide equally.

For more information on New Jersey and Pennsylvania intestacy laws visit Justice.gov. If you feel that you have a New Jersey wrongful death case or would like to learn more about New Jersey and Pennsylvania wrongful death laws, contact the experts at Meyerson and O’Neill law firm today at 877-373-8059.

What You Need To Know About Medical Malpractice

(US law) Considering that 195,000 people are killed on average every year in the U.S. because of medical malpractice means that it’s not as uncommon as people think. You hope doctors, nurses and other medical professionals know what they are doing in the moment, but they have lapses in thought and knowledge at times and make the wrong decision. While some truly aren’t intentionally neglecting their responsibility, others aren’t taking their position as serious.

It’s a serious issue because too many people are dying because of a medical professional’s negligence. Now, not every medical malpractice case results in death. Many cases result in minor mishaps, but nonetheless, those mishaps can affect a person’s life forever. People need to be protected from minor mistakes as well.

In a malpractice case, the physician, doctor or whoever made the mistake is at fault and must be held responsible for their actions. Patients can make a case when wronged by medical professionals, but patients must act fast.

What To Know

The most important point to remember is that your case has more weight if evidence is presented in a timely manner. You need to gather information in a timely manner so you can present information to an attorney and begin the process of developing a claim. If you fail to act, then the period for filing a claim will conclude and you will be left helpless.

In a medical malpractice case you must be able to prove several elements to establish a substantial claim:

  • A physician, hospital or healthcare provider undertook care or treatment of a patient.
  • The provider did not perform standard care.
  • An injury was the result of the lack of standard care.
  • Damage must be proven (either physical or emotional).

Your Best Decision

Of course, as the patient or family, collecting and developing this information is difficult on your own. Also, if you haven’t had any experience with the law, you may not know which information to gather and which to compile. This is why you must speak with an attorney who specializes in personal injury law, especially medical malpractice. You need a professional who knows what they’re looking for and how to establish those elements listed above.

You can start the process by filing your claim to a personal injury attorney, to get the ball rolling. Some attorneys require a fee for the initial review of a claim; however, others do not. Once you have submitted your malpractice claim, the attorney will review it and consider the substantiality of the case. If it is determined to hold up, the attorney will pursue the claim and continue communication.

Again, it’s crucial that you contact a personal injury attorney as soon as possible and provide necessary information up front. Consider the 4 elements listed above and how those can be proven to substantiate your claim. Once you do that, just hope a settlement comes either out of court or through the work of a judge and jury.

5 Top Tips for Claiming for Accidents at Work

Over a million people have an accident at work in the UK each year. For the most part these are only minor incidents, but some are more serious and result in a personal injury claim being made.

Making a claim against your employer isn’t that different to any other type of personal injury claim. As long as someone else is at fault for the accident that caused your injuries, you could have valid grounds to make a claim. It is more common than you would think to fall of a ladder or to trip over some exposed cables in an office.

Unfortunately, a number of people who could make a claim are often quite reluctant to as they are not fully aware of the rights. It has been reported that people fear being treated differently at work or even being sacked if they make a claim. However, this is simply not the case and if this was to happen, you could make a separate claim for unfair treatment and dismissal.

Featured below are 5 top tips for accidents at work

  1. Hire a good personal injury solicitor who has handled similar cases before.
  2. Document the Accident by filling in your company’s accident book.
  3. Gather the details of any witnesses.
  4. Seek medical advice and treatment at the earliest possible moment.
  5. Gather as much evidence as possible to prove that someone else is at fault.

If you are considering making an accident at work claim, the first step in the claims process is to hire a personal injury solicitor who will be able to manage your claim. They will then be able to help you understand how to make your claim as strong as possible to ensure that you are in the best position to receive the compensation you deserve.

5 Things You Should Do Following an Auto Accident

(Guest post from a US author) Being involved in an auto accident can be an extremely frightening experience.  It can be even more frightening if you don’t know what to do immediately after an accident.  The moves you make after being in a car wreck are critical.  They are critical not only to your immediate well-being, but are important in helping you establish what exactly happened that caused the accident.  Below are 5 things you should do following an auto accident.

Call 911

No matter how minor you believe your accident was, it would be a good idea to call the proper professionals to assist.  911 and law enforcement can assist in a myriad of ways including tending to any potential injuries (both visible and internal) as well as directing traffic to keep you and other parties safe.

Take Photos

Once you have been checked and hopefully cleared from medical professionals, we recommend taking photos of the crash scene.  Documenting the scene will prove to be helpful so that details aren’t forgotten about and that eye witnesses can accurately support the evidence.  Pay careful attention to getting clear, up-close photos of any vehicle damage.  You should also note the time of day, weather conditions and any road signs that may be visible during the accident.

Move to a Safe Area

It is important that you and other parties involved in the accident don’t cause any further damage by being in the path of oncoming traffic.  If possible, move your vehicles to a safe area, but be careful not to alter anything in the car that could serve as evidence by a proper accident examiner.

Exchange Information

Although you should never take blame for an accident without having all of the facts gathered, it is a good idea to exchange information with the driver of the other vehicle.  This includes name, address, phone number and insurance information.

Hire an Attorney

You want to take every step possible to protect yourself from the negligence of someone else.  You shouldn’t have to pay for anything if you were not responsible for the accident.  Hire an auto accident attorney and let them walk you through the steps of what needs to be done if you have been involved in a car wreck. A professional auto accident lawyer can help you get the settlement and justice you deserve.

Reforming the civil law of damages

Guest post from Dallas McMillan’s injury lawyers in Glasgow (click here). Connect with personal injury specialist David McElroy on Google+ here and on LinkedIn here.

The law on key aspects of damages for personal injury should be modernised and simplified, according to a significant and wide-ranging consultation launched by the Scottish Government in December.

Suggested reforms

It seeks views on aspects of recent proposals from the Scottish Law Commission on:

  • reform of the law on damages for psychiatric injury,
  • the law on prescription and limitation (also known as “time bar”) for actions for personal injury;
  • and a range of related issues such as the Discount Rate; Interest on Damages and Periodical Payments.

Damages for psychiatric injury

The question of damages for psychiatric injury was addressed by the Scottish Law Commission (SLC) in 2004.

At issue is the liability of a person who causes mental harm to be suffered by someone, even though there is no actual physical injury. Examples include a mother seeing her child being killed in a hit and run accident or a construction worker seeing his colleague being dragged through a defective piece of machinery.

In very general terms the recommendations put forward by the SLC, and now the Scottish Government are:

  • people are expected to have a certain level of resilience. So there can be no liability where the mental harm results from things you would normally experience in life, such as bereavement.
  • the mental harm must be reasonably foreseeable and be a medically recognised mental disorder.
  • the person making the claim must have had a “close relationship with another person killed, injured or imperilled in the incident or was acting as a rescuer in relation to the incident.”

Prescription and limitation

This aspect of the consultation is based on SLC recommendations from 2007.

At the moment a person who has been injured must make a claim for personal injury within three years of the date on which he became aware that he had been injured.

So, very generally, a passenger in a car who broke his ribs and leg in a car accident must bring his claim within three years of the accident, otherwise it will be ‘time-barred’. But a man who  has contracted an industrial disease such as mesothelioma (which may take 40 years to develop) will have three years from the date at which he became aware that he had the disease in which to make his claim.

However, the SLC has recommended that this period be extended from three years to five.  It thinks that allowing a longer period will be welcomed, particularly in cases involving claims for occupational diseases, where gathering evidence to bring an action can be very time consuming and difficult – and may take longer than three years.

Impact of past reforms

The final aspect of the consultation looks at the impact that other recent reforms have made, asks whether they are working, and what other reform might be necessary.

In particular it looks at the impact of:

  • Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007
  • Damages (Asbestos-related Conditions) (Scotland) Act 2009
  • Damages (Scotland) Act 2011
  • The discount rate
  • Periodical payments
  • Interest on damages

Comments on the consultation are sought by 15th March 2013.

Contains public sector information licensed under the Open Government Licence v1.0.

http://www.nationalarchives.gov.uk/doc/open-government-licence/

What do I do if I receive negligent advice on my compromise agreement?

Compromise agreements are an essential element of employment law – they allow the settlement of potential employment disputes either prior to or during litigation and therefore reduce the costs of litigation, the stress of Employment Tribunal proceedings, and allow both the employer and the employee to limit their risk relating to any potential (or existing) proceedings. If an employee is seeking to enter into a compromise agreement then they must receive independent legal advice from a relevant (and suitably qualified) legal adviser. However, what happens if that adviser gives poor advice on the employee’s compromise agreement? Who does the employee have recourse against? What losses do they incur? In this post we’ll look at this issue by addressing the following elements:

  1. What is a compromise agreement?
  2. Who should I receive advice from on my compromise agreement?
  3. What happens if I receive bad advice on my compromise agreement?
  4. What can I do if I receive bad advice on my compromise agreement?

What is a compromise agreement?

A compromise agreement is a specific type of contract which is regulated by statute. It allows an employer and an employee to settle a potential or existing employment law dispute, with the employer offering some form of benefit (either financial or non-financial) in return for the employee agreeing that they will not pursue a claim against their employer.

Who should I receive advice from on my compromise agreement?

Under the Employment Rights Act 1996 the employee must receive independent legal advice from a relevant legal adviser. The agreement must identify the adviser and must state that they are independent of the employer. The meaning of “independent” is relatively straightforward – the adviser must not be influenced through any means by the employer or any other third party – whether this influence is personal or professional. So, who can be a relevant legal adviser? The following can be relevant legal advisers for the purpose of a compromise agreement (among others):

  1. A compromise agreement solicitor
  2. A barrister
  3. An appropriately-trained Trade Union official

What happens if I receive bad advice on my compromise agreement?

If you receive advice from a relevant legal adviser who isn’t suitably independent of your employer, the legal adviser isn’t suitably qualified, or you just receive bad advice then you may wish to take action against the adviser. You could potentially do this through a claim for professional negligence against the adviser. However, you must first show that bad advice was given, that you suffered loss, and that the loss was caused by the bad advice. This can

What can I do if I receive bad advice on my compromise agreement?

Redmans Solicitors are settlement agreement solicitors based in Richmond and the City of London.

Tired of Waiting for the Insurance Check?

(U.S. Insurance Law) If you purchased an insurance policy, you trust that when it’s time to file a claim, your insurance company will be there for you. Accidents, injuries and natural disasters such as an earthquake, hurricane, tornado, fire, hail, flooding and lightning should all be covered under these policies. However, when an accident happens or a disaster strikes, or you may be surprised to find that you’re given the run around when it’s time to cash in on your claim.

Filing a claim should be simple, especially after you’ve been paying out hard earned money on your policy all of these years. Unfortunately it’s not as easy as turning in your claim and getting a check for the damages. An insurance company usually launches an investigation and sends an adjuster out to look over the problems. Many times an insurance company will try to limit the amount of money an owner is due and outright deny the claim.

The following are some of the tactics you should be aware of when it comes to denying or limiting your claim:

Delaying Your Settlement

Be aware if an adjuster tries to delay or ignore your claim. This is a tactic used by insurance companies in hopes of getting the owner to settle on a lower amount because they are frustrated playing the waiting game. An insurance provider may also wait to give you your check until they have received reimbursement.

Not Enough Coverage

You may have looked over your insurance policy thoroughly to ensure that you have the absolute maximum coverage on your property. Unfortunately when it’s time to file a claim, you find out that you don’t have adequate coverage, and your claim has been denied.

Illegal Filings

An insurance provider may also accuse the owner of filing a false claim and deliberately eliciting illegal activity. For example if you file a claim for fire damage, an insurance company may say that the owner purposely set fire to the property and committed arson.

Not Fully Understanding the Policy

When you met with the insurance company to go over your policy, you probably thought you understood the package that you signed up for. However, once you’ve filed a claim, you’re meant to feel like you’ve misinterpreted everything that is covered in your policy.

Low-Ball Offers

Owners that suffered damage in famous hurricanes such as Katrina and Sandy found out firsthand how difficult it was to reap money for the losses that they incurred. One homeowner had over $150,000 worth of damage to her home. When she filed her claim, the insurance company offered her a check for $40,000. Another business owner was paying into a policy for $300,000. When it came time to file his claim, the fine print read that his deductible was $16,000. Not only do many of these owners not receive the proper compensation, they have also had their policies quadruple from their original price.

There are a number of techniques an insurance company will try to do to deny or lessen your claim. Delaying your check keeps the money in their pockets for a longer amount of time and only frustrates you. This can constitute insurance bad faith, and you’ll need the help of an experienced and knowledgeable property insurance lawyer to file suit against the insurance company to help get what you deserve.

Legal researcher Shelby Warden had to deal with several of these tactics when trying to recover damages from a hurricane. When insurance companies delay payment or refuse to pay, property owners turn to the aggressive property insurance lawyer team at Doyle Raizner LLP because of their in-depth knowledge of state and federal insurance laws and established legal reputation. The firm has decades of insurance defense experience to challenge insurance companies who are focused on their own profits.