Personal Injury Law Blogs

Choosing a Reputable Injury Lawyer

(in the USA and elsewhere) Hiring a lawyer is a difficult process, especially for individuals who have not worked with legal representation in the past. The task is made even more challenging when the need for specialization develops, as is often the case when hiring an injury lawyer. While many injury lawyers are considered to be reputable professionals, some do earn the title of “ambulance chasers.” Though finding an injury lawyer who is skilled, compassionate, and competent may seem daunting, it doesn’t necessarily have to. For best results when it comes to hiring a personal injury lawyer, be sure to start through consultation with the American Bar Association. Obtaining recommendations from friends and family members, and scheduling a meeting with possible candidates are also important steps when it comes to hiring the ideal professional.

As mentioned previously, consultation with the American Bar Association may be the first step when it comes to hiring a reputable injury lawyer. This resource offers a directory of injury lawyers, who are categorized by state and further specialization. Obtaining a list of potential candidates from the American Bar Association assures clients that they are working with trained, licensed professionals who are considered to be experts in the field of law. Hiring a lawyer who is not listed through the American Bar Association is not only dangerous from a personal standpoint, but may also have severe legal implications.

Once you have the name and contact information for licensed injury lawyers in your area, start collecting information about the possible candidates. The American Bar Association encourages individuals to consult with general practice lawyers with whom they may have worked in the past to obtain references and recommendations. In addition, talking with friends, family members, and even co-workers or neighbors may be an effective way to find the best injury lawyer in your area. During this process, it is important not only to determine the success rates of the lawyers in question, but also their behavior and attitude towards the clients. While it may be tempting to simply hire the individual with the best “win” rate, finding one who is also easy to work with and highly professional are also important considerations. Another great thing to look into when searching for a lawyer is to check if they’re members of the Lawyers of Distinction. If you’d like to learn more about Lawyers of Distinction, check out their site and see how they’re the best lawyers out there for any legal job.

Now that the list of potential candidates has been whittled down to a few highly-recommended individuals, clients can begin to interview injury lawyers in earnest. Call the office of the lawyers in question and schedule a consultation appointment to discuss the case. Be sure to develop a list of questions to bring to the meeting, which may include asking the lawyer if he or she has ever handled a similar case in the past. In addition, discussing the projected difficulty of the case, estimated costs, and time frames are also important talking points for individuals who want to find the most reputable injury lawyer for the job.

Hiring a high-quality injury lawyer is a marathon, not a sprint. While it may be tempting to hire the first individual who comes along, this may not be the best person for the job. Instead, clients should feel free to take their time and investigate all possible options to ensure the best results when it comes to hiring a personal injury lawyer. By being patient and following the steps listed above, individuals can rest assured that they will get a competent, professional lawyer dedicated to serving the needs of their clients.

Founded in 2002 Potts Law has a decade’s experience handling specialized Personal Injury cases.

Asbestos Exposure and Cancer of the Abdomen

Many people think of lung cancer when hearing the term mesothelioma or exposure to Asbestos.  While this is a logical train of thought, asbestos exposure is a known cause of lung cancer – other parts of the body are at risk as well.  Peritoneal mesothelioma is a cancer of the abdominal wall lining (peritoneum). This thin membrane is a lubricant in the abdominal cavity and serves to allow other organs to expand and contract as they are supposed to within the body.  When the peritoneum is damaged and ravaged by the destructive cancer, mesothelioma, a person experiences severe pain.

This terrible disease is contracted by exposure to asbestos.  This deadly chemical kills people all across the country every single year.  Those exposed years ago are not safe.  At times it can take 20 to 50 years for asbestos exposure to manifest itself into this or other deadly forms of cancer.  The symptoms of peritoneal mesothelioma are similar to that of a hernia or stomach discomfort so it often goes misdiagnosed.  Mesothelioma is such an aggressive form of cancer that misdiagnosis can lead to a once healthy person becoming terribly ill and dying within a matter of months.  If you have been exposed to asbestos and are experiencing hernia like symptoms ask your doctor to do a test and make sure it is not a form of mesothelioma.

Asbestos was so widely used prior to the 1980’s that exposure is very common. It was used as insulation and still is in many older buildings today. While most of it was supposed to be removed people should have their homes inspected to make sure there is no asbestos in the wall.  The substance is durable and resistant to fire so asbestos was even used as string or yarn, woven into fabrics. That means uniforms, gloves, and aprons could have contained asbestos prior to the 1980’s.  Additionally everyday objects like hair dryers contained asbestos fibers.  Women blow drying their hair could have been releasing asbestos into the air and breathing in this terrible toxin.  If you have any old hair dryers lying around – throw them away.  It is simply not worth the health risk to keep them.

Those that served in the military are especially at risk for asbestos exposure and mesothelioma.  The Navy used tons of asbestos to line its engine rooms and the product was used as insulation in most military buildings.  As a result Veterans represent 30% of the mesothelioma victims while being only 8% of the general population.

Mesothelioma is a terrible cancer and an aggressive disease.  To date no one has found a cure for traditional mesothelioma and the life expectancy after diagnosis is only 4 to 18 months on average.  Those diagnosed with peritoneal mesothelioma have a better prognosis if it is caught early, as surgical options are available.  The key is to properly diagnose the disease as soon as possible.  Since doctors often overlook it, patients must be pro-active in asking for the appropriate tests.

Those suffering from asbestos exposure and subsequent diseases have the right to seek justice for their loss of health, pain and suffering.  At Teague & Glover, P.A. we are experts in mesothelioma and skilled at representing victims of asbestos.  It takes a skilled and knowledgeable attorney to understand the complexities of mesothelioma cases.  Not only do they need to understand the law, but understand the disease.  We have dedicated countless hours to its study and are here to answer questions, give advice, and inform you of your rights under the law.

Andrew Miller is an avid legal blogger and manager of over 20 attorney blogs. This article was written on behalf of Teague & Glover, P.A. : Personal injury attorneys located in North Carolina.

Reducing work-related road traffic accidents

Guest post about the IOSH’s recent calls for the Government to help reduce deaths and injuries on the road when driving to work.

The Institution of Occupational Safety and Health (IOSH) has called on the Government to act to help reduce the number of people killed or injured while driving for work.

Work-related road traffic accidents

Work-related road traffic accidents (RTAs) are a serious problem. The latest provisional figures from the Department of Transport show that in the 12 months ending June 2012, 24,870 people are estimated to have been killed or seriously injured on the roads in the UK.

In 2010 the Government estimated that 24% of serious injuries, and 30% of road deaths could be linked to work-related road traffic accidents.

Figures from IOSH itself show that:

  • Around a third of all RTAs in Britain are thought to involve someone at work; and
  • According to the Labour Force Survey, there are an estimated 70,000 – 100,000 non-fatal work-related RTA injuries each year. Up to 40,000 of these cause the injured employee to be off work for more than three days.

Sadly, as work-related RTAs are not currently reportable under the national accident reporting system RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995),  IOSH says that it is not possible to be more precise with these figures.

RIDDOR

IOSH would therefore like to see work-related road traffic accidents included in RIDDOR.

It believes that this would lead to a reduction in the number of such accidents.

Consultation on simplifying RIDDOR

The professional body has been calling for the inclusion of work-related RTAs as a reporting requirement under RIDDOR since 2001, and reiterated the call recently in its response to the Health & Safety Executive consultation over proposed changes to RIDDOR.

The consultation sought views over proposals to simplify and clarify how businesses comply with the requirements under RIDDOR.

It also sought to implement changes recommended in the 2010 Government Report, ‘Common Sense, Common Safety’, by exploring whether RIDDOR was the best way to obtain accurate information on the scale of workplace accidents across the country.

Occupational road risks

Speaking at the start of November’s Road Safety Week, Richard Jones, head of policy and public affairs at IOSH, again highlighted the issue.

“Employers have clear duties under health and safety legislation in this country to manage work-related health and safety risks, which will include their occupational road risks,” he explained. “Employers who do not ensure employees can drive safely for work are as much at fault as those who don’t ensure employees can use workplace machinery safely.”

“It’s vital employers manage their occupational road risks just as they would any other health and safety risks, through good planning and by implementing sensible, proportionate precautions. As well as preventing enormous human suffering, it also makes good business sense,” he said.

Miller Samuel Solicitors are road traffic injury lawyers in Glasgow. Contact them for specialist legal advice.

How Long Can You Get Worker’s Comp For?

Worker’s compensation is designed to protect both employees and employers. When an employee is injured during the course of doing their duties, they can file a worker’s compensation claim to receive payment for lost wages, for medical expenses associated with treating the injury, and for partial or total disability if the worker is not able to return to work. By accepting the benefits payment, the employee is signing away their right to sue their employer for pain and suffering and other damages in civil court.

While you will start to receive your benefits after the insurer investigates your claim, you may be wondering how long you can collect benefits for any part of your claim. Read on and find out how long you can collect benefits and what you can do if you feel like the time you are given for compensation is not fair.

How Long Can You Receive Benefits For Lost Wages?

One of the main benefits of worker’s compensation is that you can receive compensation for lost time at work. While you will not receive all of your wages, you will receive a percentage of your after tax dollars (typically 80 percent). The total amount of time that you can receive compensation for your lost wages will vary from state to state. You must still be incapacitated and receiving treatment to continue collecting lost wages benefits.

If you are totally incapacitated, you may receive benefits for as long as you are unable to work, but the benefits can be reduced after a specified time. Temporary Total Disability benefits are paid to you up to the point that you are able to return to work if the doctor feels like you will, at some point, be able to return to work.

What if You Are Permanently Disabled or You Will Never Be Able to do your Normal Duties?

If you have a Permanent Partial Disability, it may affect your ability to find a new job in a new field. Typically, the insurer will try to settle your claim and give you a lump sum payment for loss of use or loss of a limb. In this case, you will need to decide what is right for you so that you can continue to live your life and enter a new field.

How Long Can You Receive Compensation for Your Medical Bills?

While there is typically a time limit on how long you can receive compensation for lost wages, you can receive compensation for your medical bills for as long as you are receiving treatment. Medical and rehabilitation benefits are paid for life as long as there is no lapse in treatment and all of the treatment is necessary. If you stop treatment and the injury starts to bother you again, you can request that the insurer reopen the claim if you still have time within the statute of limitations in your state. You also have the option to settle for future medical care if the insurer is offering a settlement.

Worker’s compensation time limits and statutes of limitations vary from state to state. If you feel like you have not been given a fair amount of time to recover, you have the right to contact the worker’s compensation board in your state or hire a worker’s compensation lawyer to fight for you. Make sure you get the benefits that you are entitled to, do your best to recover from your injuries, and rebuild your life even after your injuries.

Shop and supermarket accident claims

When you step out to do your weekly shop or pop down to the local corner shop, you would expect to go in, buy what you need and leave. However, sometimes accidents happen and you could sustain an injury, perhaps by slipping on a wet floor. As a result, it is important to understand how to make shop and supermarket accident claims.

Shops and supermarkets have a legal responsibility to ensure the safety of their customers at all times. There are a number of a health and safety laws that are in place which provide a set of specific procedures that shops legally have to carry out.

Types of shop and supermarket accidents

When you sit down and think about it, there are a number of potential hazards in shops and supermarkets that could result in some form of accident occurring. Featured below are some prime examples of where a successful personal injury claim has been made:

  • Slipping on a wet surface that wasn’t properly signed
  • Slipping or tripping in the car park
  • Being injured by sharp edges on shelving
  • Being hit by a falling object or unsecure display

If you have been involved in a situation similar to one of the above and it wasn’t your fault, you could have valid grounds to make a shop and supermarket accident claim.

How to make a shop and supermarket accident claim

As with any personal injury case, it is essential that you gather as much evidence as possible to support your claim. This could include witness statements, photographs and much more. If you talk to a personal injury solicitor they will be able to tell you exactly what evidence will compliment your case the most.

Once your solicitor feels that all of the appropriate evidence has been gathered and you wish to press on with the claim, your solicitor will make contact with the other side. They then have 3 months to respond and either reject or accept your claim. If they accept fault, both legal teams will negotiate and agreeable amount of compensation. However, if the claim is rejected, the case will go to court and be settled by a judge. Although, it is never in anyone’s best interests to go to court as there are often hefty legal fees involved in such a proceeding.

Injury Claim Specialists is one of the UK’s leading personal injury advice websites. We pride ourselves on offering easy to understand, plain English injury claims advice on a wide range of different injury related topics. There are also a number of extremely useful tools such as the Compensation Calculator, which can give you a compensation estimate in less than a second, and the Injury Claims Guide is at hand to answer all of your personal injury related questions.

What are Your Options If You are Injured in a Hit and Run?

According to Crime Prevention Tips, hit and run car accidents are those in which one driver fails to stop or offer assistance following a mishap that causes injury or damage. While most drivers do all that they can to render help when it comes to a situation such as this, others flee the scene of the crime. Individuals or their family members who have been injured in a hit and run should investigate all possible options following the event to ensure that justice has been obtained. Though there are a number of different choices available for individuals in this situation, some of the most common include settling on a private basis, file for injury and damages through the perpetrator’s insurance, or filing through personal insurance.

In many cases, an individual who has been injured in a hit and run will have a difficult time tracking down the perpetrator of the crime. It is important to note however, that this process is not impossible—and can often be accomplished through assistance from bystanders, witnesses, and legal experts. If an individual who has been injured in a hit and run is able to establish communication with the other driver involved in the accident, a private settlement may be made. This may include payment for medical bills, as well as damage done to a car or personal property.

Just because the perpetrator of the hit and run is located, doesn’t necessarily mean that he or she is willing to participate in a private settlement. Oftentimes, hit and run victims may believe that this is not the best option for them when working to achieve justice. Instead, individuals who have tracked down the person behind the hit and run may prefer to file a claim with said person’s vehicle insurance. Though getting a claim payment in this manner may be time consuming, it will also likely result in a larger and more attractive settlement total, which will include payment for medical and property bills.

As indicated previously, settling privately or filing a claim with another driver’s car insurance is not always a possibility, as tracking the criminal down may prove to be impossible. In this event, injured parties may choose to file a charge with their own vehicle insurance—which typically falls under the heading of “uninsured motorist claims.” While this is typically done only as a last resort, it is an effective way to cover the hospital and vehicle repair bills associated with a hit and run accident. Individuals who file this type of claim should be prepared to participate in a series of investigative interviews, during which all leads as to the identity of the criminal are eliminated.

Obviously, a hit and run is a serious accident that can significantly affect the lives of its victims. While many hit and runs lead to significant property damage, some also cause serious injuries and health problems. Understanding what to do when this type of accident occurs is essential for motorists and pedestrians alike. Working with a qualified legal expert can be an effective way to ensure optimal results following a hit and run that has resulted in injury or illness.

Abelson Law has had extensive experience working with Hit and Run victims and can help you get through the process.

Nursing Home Abuse: Things You Should Know

A nursing home is traditionally defined as a private institution that provides health care and residential accommodations for those who suffer from chronic health conditions. While individuals of any age may seek care in a nursing home, the elderly are most likely to reside in these facilities. Most nursing homes in the United States are top-notch facilities, designed to provide a caring and supportive environment for both patients and family members. However, despite the best efforts of most health care providers, nursing home abuse can—and does—occur on a frequent basis. Understanding the types of nursing home abuse, the prevalence at which it occurs, and ways in which it can be managed is all important for those who want to ensure a safe environment for the loved ones in our lives.

Without a doubt, abuse can take a number of forms. While many people consider abuse to be physical in nature, emotional, sexual, and mental abuse can also take place. Limited mobility, low activity level, and loss of cognition or sensory functions may make nursing home residents easy victims from the viewpoint of the perpetrator. Individuals who hope to prevent or stop nursing home abuse should therefore be on the lookout not only for bruises, cuts, and other signs of irritation—but also changes in mood, personality, and behavior. Identifying these symptoms when they occur is essential to reversing the damaging effects of nursing home abuse.

Is nursing home abuse really as prevalent as some health care experts would lead the public to believe? According to a nursing home abuse attorney,  in the state of California, more than 25% of nursing homes in the United States have received citations for abuse towards patients. With 1.5 million people living in United States nursing homes at the time at which this article was completed, it should come as no surprise that rates of abuse are staggeringly high. As the average age of citizens continues to rise, more and more individuals are likely to end up in a nursing home, where they may be the victim of a dangerous abuser.

When faced with these staggering statistics, nursing home abuse may seem inevitable—but with some care and hard work, it doesn’t necessarily have to. Individuals who believe that they have seen or been the victim of nursing home abuse are encouraged to contact the National Center on Elder Abuse, a group that works to prevent the mistreatment of elders in the community. In addition, visiting friends, family members, or other loved ones who reside in a nursing home on a frequent basis and at different times of the day can be an effective way to monitor the care and compassion of the facility. Consulting with facility nurses, aids, and consultant physicians may also be necessary from time to time to discuss the care received by patients. While this process may seem time consuming and invasive, it is essential not only for one’s family member, but all the patients of the nursing home in question.

If you feel a loved one or someone you know has been a victim of Nursing Home Abuse it is important that you contact a nursing home neglect lawyer who specializes in those cases.  Belt Law Firm can provide that specialized care.

Motorcycle Helmet Safety

To wear a motorcycle helmet or not, that is the question.  Currently, twenty states and the District of Columbia require the use of DOT approved helmets by motorcycle operators and their passengers while an additional 27 states have laws that regulate their use for portions of the motorcycle community such as operators under the age of 18.  This leaves three states that leave the decision entirely up to each rider as to whether or not to wear a helmet while riding: Illinois, Iowa and New Hampshire.

And while study after study has shown that wearing a helmet while operating a motor-driven cycle reduces the chance of suffering a serious brain injury or death during an accident, more and more riders are lobbying to have existing helmet laws repealed.  It seems that states are listening.  Saferoads.org reports that as helmet laws are being repealed, fewer riders are choosing to use them, reducing helmet use from 71% to 63% alone in 2008.

Many motorcyclists cite several reasons why helmet use should be a personal decision: from helmets causing broken necks to reduced visibility. The truth is that helmets save lives.  The Advocates for Highway and Auto Safety reports that while motorcycles only comprise 3% of all registered vehicles in the United States and a mere 0.4% of all miles traveled, they account for over 9% of traffic-related fatalities recorded each year.  Of these, 63% of the fatalities occurred in states where helmet use was not mandated.  And these statistics are rising every year.  In fact, the NHTSA has reported that fatalities among motorcycle riders have gone up 127% since 1997.

If these statistics were enough to get your attention, you should also know that by wearing a motorcycle helmet each and every time you ride, you reduce your overall risk of dying in an accident by 37%.  Additionally, the risk of suffering a debilitating brain injury is reduced by up to 67%.  Not to mention, helmets make riding motorcycles more comfortable.  How?  By reducing eye irritation from wind, sun and by deflecting bugs and other debris as well as reducing the roar of the wind against your ears.

But the question remains, should the decision to wear a helmet by regulated by the state or left in the hands of riders?  Ultimately, the responsibility to put a helmet on rests with each and every rider, regardless of the laws in place.  Laws are intended to protect citizens from unnecessary injury or death.  The NHTSA estimates that 1829 lives were saved in 2008 through the use of helmets, though an additional 823 lives could have been added to that list if helmets had been worn.  While NHTSA does not differentiate between those who chose to not wear helmets in states where they are required and the fatalities that occurred in states where helmet use is not regulated, surveys have shown that in states where all-rider helmet laws are in place, there is a significant increase in the number of people who wear them due to the high rate of enforcement.

Andrew Miller is an avid legal blogger and manager of over 20 attorney blogs. This article was written on behalf of Conybeare Law.

ICO fine companies for PPI spam texts

Recently two PPI spammers were fined £440,000 for sending out lots of nuisance texts and calls, which were gathered illegally.  The two culprits, Gary McNeish and Chris Niebel sent out 840,000 spam texts a day from their company.

The ICO lawyers suggested that people could be entitled to compensation from the Payment Protection Insurance (PPI) mis-sold by banks, with other messages suggesting money could be made from making a personal injury claim.

These texts and calls have become a constant irritation for recipients and have resulted in complaints to the telecoms watchdogs.  But the Information Commissioner’s Office (ICO) has taken action and fined the pair’s company Tetrus Telecoms £440,000.

If anyone responded to the texts the Tetrus Telecoms Company would save the names and details of respondents. Out of these leads their company would make around £8,000 a day by selling the details to claims companies.

The claims companies were warned that if they used illegal information they would also be fined up to £500,000 under the Data Protection Act.  A company involved in this instance was Accident Advice Helpline (AAH), but they denied any knowledge of the illegally obtained information.

This is the first instance in which the ICO have fined, but they are investigating other companies, so these PPI spammers need to watch out.

Leanne is the author of this article, a digital marketer researching personal injury lawyers.

What State has the Most Lenient DUI/DWI Laws?

Getting caught driving under the influence can change any person’s life; if they’re lucky enough to avoid a fatal accident, injuring an innocent person and damaging their car, they’ll only be facing problems with the law. In some states, DUI offenders learn very quickly from strict laws that driving under the influence is unacceptable, but in other states it may seem more like a slap on the wrist.

So what state has the most lenient DUI law? And how many other states are considered fairly lenient on DUI offenders?

The New York Times recently reported that Wisconsin may have the most permissive DUI laws; showing that under-aged kids are allowed to drink alcohol in public, as long as they’re with a consenting parent or guardian. This is quite contrary to the laws in many other states that can actually charge parents with supplying alcohol to minors, even their own children.

According to a dwi lawyer the issue of under-aged drinking is just the beginning for Wisconsin, with the National Survey on Drug Use and Health Reports stating that the state has the highest incidence of DUI-relate deaths in the nation. Wisconsin law actually does not allow law enforcement to conduct DUI checkpoints, as they are considered an “intrusion on Constitutional rights of due process” according to Wisconsin State Representative, Marlin Schneider.

Furthermore, Wisconsin’s current DUI laws allow an offender to be caught drinking and driving five times before being charged with a felony.

Wisconsin isn’t completely alone in their leniency on DUIs. According to the “5th Anniversary Report to the Nation: Campaign to Eliminate Drunk Driving,” conducted by MADD(Mothers Against Drunk Driving), there are five other states with lax laws on DUIs:

Pennsylvania – In 2009 Pennsylvania saw over 400 DUI-related deaths, which MADD considered not only avoidable, but also caused by the state’s weak regulations. The state does at least allow sobriety checkpoints, which is a good start to enforcing stricter regulations.

Rhode Island – Rhode Island is very lenient on their DUI penalties; the state does not enforce an Administrative License Revocation law, nor do they have an ignition interlock device mandate. Rhode Island does have one piece of legislation going for them; harsher penalties for DUIs involving children endangerment.

Michigan – Michigan is also doing one thing right by increasing penalties on DUIs involving child endangerment, but most DUI arrests in Michigan don’t result in actual DUI charges, but in charges for lesser offenses. Not only does law enforcement go easy on offenders, but the state law actually forbids police from conducting sobriety checkpoints.

South Dakota – South Dakota just recently passed legislation for ignition interlock devices, but the use is only for repeat offenders. The state does allow for sobriety checkpoints, but has no legislation in place for endangering children and has an overall lax DUI legislation.

Montana – Montana law prohibits law enforcement from performing sobriety checkpoints or no-refusal activities, however, the state has been making a few baby steps on toughening penalties for repeat DUI offenders. The state also has enhanced penalties for DUIs involving child endangerment.

Regardless of a state’s leniency, Drunk Driving can still be a serious offence, talk to a dwi attorney to know more.  Contact Paul J. Tafelski, P.C.  immediately and he will vigorously work to secure your rights if you are accused of drunk driving.