Personal Injury Law Blogs

Leading Causes Of Brain Injuries

It is possible for someone to receive a brain injury without breaking the skin, bleeding or even showing any immediate signs of distress. Because of this, it is very important for anyone who has suffered any type of head trauma to seek medical attention. Children are especially susceptible to traumatic brain injuries (TBI), and they are often caused by a collision while playing sports. It is even possible for someone to suffer a TBI simply by having their head shaken.

Main Causes of Brain Injuries

According to our traumatic brain injury lawyer, in addition to sports, the main causes of brain injuries are falls, traffic accidents, being struck by something and assault. Although falls are the most common cause of a TBI, traffic accidents lead to the most fatalities. In fact, almost 32 percent of all TBI related fatalities occurred as a result of a car crash.

What exactly is a TBI?

A TBI can be caused by a wide range of things, including the main causes listed above, and the severity of it can also vary greatly. Some people who suffer a TBI will exhibit little to no symptoms, but others might showcase an extreme change in personality, memory loss, emotional issues and difficulty with both physical activity and speaking. If you or your child has suffered from any head injury, you should go to the ER or your primary care physician. A doctor will most likely run a wide range of tests to determine the severity of the injury. Depending on the initial results, an x-ray or MRI might be ordered.

Who is Responsible for My TBI?

If your TBI was caused by a traffic accident, assault or any other action that can be considered negligent, you will most likely be able to sue the individual responsible. For example, if you suffered a TBI because someone was driving while intoxicated and they crashed into your vehicle, they will almost certainly be found liable for your injuries by a jury or a judge. If you find yourself in this situation, you should contact a personal injury attorney.

Filing a Lawsuit

Because a TBI cannot be seen, it is common for people to claim that the person who has filed a lawsuit against them is faking their injury. To combat this problem, you should consider obtaining an expert medical witness to testify on your behalf. The doctor who diagnosed you should also make a statement, either in person or via a letter, to back up your claim. Make sure that you provide all applicable evidence to the court, including a copy of your medical records. If an MRI was performed or any x-rays were taken, you should obtain copies to present as evidence. An expert medical witness can help interpret all of these items for the court.

It is important to consider the long-term impact that the TBI will have on your life. In other words, if you have not already healed from your injury when you file a lawsuit, it is possible that you might never fully heal. Any life altering injury will be treated differently by a judge than something that you have already bounced back from, so it is vital to make sure that the judge or jury understands the full extent of your injuries. In either case, you should definitely seek reimbursement for your medical bills and lost wages. If you are now disabled, you should also ask for a settlement that includes the wages that you were anticipated to make throughout the rest of your life.

Anthony Joseph is a freelance author, and a contributing writer for traumatic brain injury lawyer Randy Sevenish. His firm knows from experience how to conduct a thorough investigation of each brain injury claim. They pursue every possible route to ensure that you and your family receive the compensation you deserve, including considering any liability from third parties such as manufacturers, employers, or hospitals.

Hospital Patients Are Dying From Preventable Blood Clots

Concerns have been raised about the number of people dying in hospital due to preventable blood clots.

The issue was first raised in 2005 when a report found some 25,000 people died annually as a result of a preventable clot. The problem was recently highlighted once again, this time by the Welsh Assembly’s health committee which has discovered 900 people in Wales died because of hospital acquired blood clots in 2010. This is more than the deaths due to breast cancer, MRSA and HIV combined. If this wasn’t worrying enough, experts have said the figure of 900 is likely to be an underestimate, as it can be difficult to recognise a blood clot as a cause of death.

The assembly’s health committee also discovered that nearly 70% of these deaths could have been avoided had the proper preventative measures been put in place. There are detailed guidelines written by the National Institute for Health and Clinical Excellence (NICE) which clearly state how a hospital acquired clot can be avoided. This involves assessing every patient who is admitted and administering blood thinning medication to those considered to be at risk.

However, assembly members on the health committed have said that doctors are “routinely ignoring” these guidelines. Committee chair Mark Drakeford AM also raised concerns “that assessment methods are not just inconsistent across local health boards in Wales but can be inconsistent across different departments within the same hospital.”

Patients Are Not Receiving “Appropriate Care”

Dr Simon Noble, medical director for Wales for Lifeblood: The Thrombosis Charity, emphasised how patients are not receiving the appropriate care: “Patients go in to hospital to be cured. They don’t go in to hospital and expect to pick up a life-threatening condition.”

But unfortunately it seems that this is exactly what is happening: patients go to hospital in order to receive treatment for an illness, but because of poor standards of care end up suffering a blood clot – something which can have serious (and sometimes fatal) results. This is all the more devastating by the knowledge that such as blood clot could have been avoided with very simple preventative measures.

If this has happened to you or your loved one, please do not suffer in silence. If you have been harmed because medical professionals failed to fulfil their duty of care to you, you will be entitled to financial redress. This means that you will be able to bring a claim against the NHS Trust responsible for your injuries and, if you are successful, will ensure you are properly compensated for your damages. To find out more, you need to speak to 1stClaims, medical negligence solicitors.

International Recall of 1 Million Toyota Prius

November 19, 2012—Los Angeles, California—Toyota has announced a recall of over one million Prius hybrids for defects in steering and water pumps, according to USA Today.  These recalls followed those of about 7.4 million cars worldwide one month prior for defective window switches that have the potential to catch fire and of 12 million cars for accelerator issues that caused some fatal crashes.

The problems with the most recent recalls include 670,000 older models of the Prius that have defective steering and 350,000 with water pump issues that cause stalling.  The steering problem is said to be related to a design issue by Toyota.  The cars covered by these recalls are all second-generation models built between 2003 and 2009.  So far, no injuries have been reported in connection with the issues that sparked the recalls.

How Do Recalls Affect a Company?

While recalls are embarrassing for a company, they are not necessarily a death blow. Companies that move quickly to fix problems related to their vehicles are generally considered to be more ethical than companies that try to hide their problems. On the other hand, in a technologically-advancing society, design issues are something that the public finds difficult to forgive and forget, especially if those design issues cause injury to innocent people.

How Do Recalls Affect Personal Injury Victims?

Whether there has been a recall of a particular model or not, a victim who has suffered injuries due to a defective product has the right to collect damages. Even if the victim did not have his or her car repaired under the recall prior to the accident, he or she may still be able to collect damages. This is because recall notices do not always reach everyone who has purchased a certain car, so some potential victims may not even know that there is a danger from their own vehicle.

How Can I Find Out About Recall Information?

When you purchase a product, whether it is a car, an appliance, or even a small tool, always take a few moments to register with the company using an email address or phone number that will remain current during your ownership of the product. This will ensure that you receive updates and news about your product in a timely manner.

An auto defects attorney can help you if you have been the victim of injuries resulting from a recalled product.

Making a personal injury claim for an accident at school

Every day when you drop your child off at school or nursery you are essentially putting their health and welfare in the hands of the teachers and other employees. However, accidents do sometimes happen and your child could sustain an injury through absolutely no fault of their own. Therefore it is important to understand the process for making a personal injury claim for an accident at school.

Accidents at school don’t cover the usual fall in the playground playing football that causes a child to have at worse a grazed knee. The sorts of accidents that you could claim for are those that could have been avoided but occurred due to the negligence of someone else. Such accidents include slipping on a wet floor that wasn’t properly signalled or burning a hand on a Bunsen burner because the proper equipment and/or direction were not provided.

What to do if your child has an accident at school

Although for the most part children go to school every day and come home without any issues, accidents at school are more common than you would think. Every year solicitors handle claims for a child who sustained an injury whilst at school due to the negligence of someone else.

There are countless different injuries that can occur in schools when you consider the amount of potential hazards around schools. Featured below are just a few of the types of accidents at school that have led to a successful injury claim in the past:

  • Slipping on a wet floor
  • Burning a hand in cooking class because the correct equipment wasn’t provided
  • Being injured by faulty equipment in the Technology department

These are just some of the common accidents that occur but there are a wide array of incidents that can lead to an accident at school claim. In essence, if your child has an accident at school due to the negligence of someone else, they could be able to make a personal injury claim.

Making a claim for an accident at school

You have three years in which to make an injury claim once the accident occurred or 3 years from when the injuries are made apparent. Furthermore, if your child is under the age of 18, you can make the claim on their behalf and any compensation awarded will be kept in escrow until they reach adulthood.

In order to make a claim, you need to be able to prove that someone else is at fault for the injuries sustained by your child. Therefore, it is essential that you gather as much evidence as possible to strengthen your claim and highlight the fault of the other party. A great way of doing this is by obtaining statements from anyone who witnessed the event as they will be able to confirm your version of events.

Once you feel that you are in a position to make a claim, you need to hire a personal injury solicitor to manage the case. They will then be able to initiate the claims process and put you on the road to receiving the compensation your child deserves.

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.

How much is your personal injury claim worth?

Guest post taking a look through the different types of personal injury claims and the compensation available.

In the UK, hundreds of thousands of accidents take place every year where people sustain injuries that were not their fault. If you or your family member have suffered from an accident or injury and were not to blame, you could be entitled to compensation.

To find out how much your personal injury claim is worth, you should get in contact with a personal injury solicitor. The legal team will be able to handle your claim, ensuring that you get the right level of compensation.

The settlement you achieve will usually depend on the severity of your personal injury. A claim involving paralysis, brain injury or sight is typically higher due to the dramatic effect that such injuries can have on the victim’s quality of life.

Of course, a personal injury can have various degrees of severity. Therefore, the compensation available will differ dramatically depending on its seriousness. For example, chest injuries can vary from total removal of a lung to fractured ribs. The more severe claims are likely to receive a higher level of compensation as the damage would have a significant impact on a person’s work and professional life.

Also, personal injury compensation can depend on individual circumstances. If you have suffered from a loss of earnings as a result of your accident, you are likely to receive a higher settlement. Also, medical treatment, care and services or post traumatic stress can influence your claim for damages. Meanwhile, age and gender can play a part in the process, affecting the amount of compensation you receive.

To find out more about how much your personal injury claim is worth, it is vital that you contact a personal injury solicitor. As your financial settlement is subject to a number of circumstances, they will be able to talk you through your claim, advise on the best course of action and provide legal and medical support so that you receive the right level of compensation.

Why Are Class-Action Lawsuits About Drugs So Common?

If you have watched more than two hours of nighttime television in the past three years you have undoubtedly seen the advertisements sponsored by some a law firm urging viewers to file a claim for  “compensation” under the terms of settlement in some class action lawsuit if they have used some prescription drug or other such medical product. Based on the number of such ads, one might conclude that the Food and Drug Administration has been lax in its duty to protect the public. Unfortunately, a simple review of the terms of settlement in the majority of class actions lawsuits will demonstrate that the purpose of such advertisements is to generate attorney’s fees that are to be paid out of the funds that are supposedly set aside for “victim’s compensation.”
In class action lawsuits, and regardless of the dollar amount of settlement, the attorney’s for the original plaintiff are paid first. This will immediately decrease the funds available for the individual victim’s compensation by anywhere from 20% to 33%. Only after those fees are paid is compensation awarded to the original, or “lead,” plaintiff.

As a part of the settlement agreement, the court must approve each later plaintiff’s claim to compensation.  Given the possibility that there could potentially be millions of such claims, the courts will allow a “general settlement” to be applied to such later claims. Such later claims are rarely paid in cash but rather in the form of “coupons” such as certificates for free or discounted purchases of the defendant company’s products. The dollar value of such coupons is always stated in “retail” cost, even though the cost to the defendant company is usually considerably lower.  So why, you might ask, are there so many lawyer ads on television?

These lawyers will offer to “advise” their advertisement-recruited clients on how to file a claim for compensation and even file the necessary paperwork with the court on their clients’ behalf, all without charge to the client. The law firm then bills the court and is paid from the remaining settlement funds rather than by their client in accordance with the original settlement order. The firm is paid at an hourly rate of, usually, at least $100 per hour. Multiply this hourly rate by, say, 20 hours and it is easy to see how filing such claims could become a major revenue source for the law firm that is paying for those late night commercials. But what happens if all the money set aside to settle the case is not used?

Any money that was to be used to settle claims is held in a trust fund that is administered by the court for a period of time specified in the settlement order. At the end of the settlement period, any unpaid funds remaining in that trust is simply returned to the defendant company.

In light of the facts that the actual later “payout” of class action claims is pitifully small, and the additional fact that most “plaintiffs” would not be aware that they are entitled to “compensation” if it were not brought to their attention via the electronic media, it must be concluded that the purpose of late-night client recruiting advertisements is to generate attorney’s fees for the sponsors of such ads. As such, the sponsors of such ads would appear to be motivated by the prospect of financial gain rather than by a sense of social and economic justice.

Byline:  Aaron G is a freelance writer specializing in law and social media sites such as badoo.

Health and safety breach in Gloucestershire leads to severed finger and fine

A Gloucestershire paper and the Health and Safety Executive are reporting that a Gloucester-shire based industrial company has been fined £4,000 after a nasty-sounding accident in its Lydney factory.

The Albany Engineering Company Ltd, set up in 1900, owns the industrial factory in Lydney, which produces industrial pumps. To produce the pumps the factory uses a variety of industrial machinery, including milling cutters. The accident occurred on 3 May 2012 and involved one of these cutters. An unnamed 17-year-old worker was using the cutter along with another working, each supporting a side of the pipe, when the teenager’s glove became caught in the cutter. This dragged is hand into the cutter and resulted in the index and middle fingers of his right hand being cut to the first joint.

Read more: Worker has four fingers amputated in health and safety accident

A Health and Safety Executive investigation followed which discovered that the accident had been caused by a lack of industrial safety guards on the milling cutter. The presence of such a guard which have substantially reduced the probability of such an accident occurring. The result of the Health and Safety Executive (“HSE”) investigation was a prosecution by HSE. The court was informed of five previous enforcement notices that had been served on the company at its factory in Bradford in 2011. The company had complied with these enforcement notices and made the changes at the Bradford factory but had not implemented such changes in its Lydney factory.

At court the Albany Engineering company pleaded guilty to a breach of health and safety legislation, including breaches of:

  • The Health and Safety at Work etc Act 1974; and
  • The Provision and Use of Work Equipment Regulations 1998

The court found that the company had failed to ensure the safety of workers and had failed to prevent access to dangerous machine parts. It was ordered to pay £4,000 as a fine and £1,962 in costs. The above reports do not specify whether the worker is considering making a claim for personal injury or whether he made a claim for constructive dismissal after resigning.

Read more: 10 tips on preparing your constructive dismissal claim

Having had a look at the circumstances of the breach of health and safety we’ll now examine the following issues:

  1. What obligations do businesses have under Health and Safety law?
  2. How could the accident have been avoided?

What obligations do businesses have under Health and Safety law?

Employers have duties to ensure the health and safety of their employees and third parties who are on their premises. The main piece of legislation that covers health and safety is the Health and Safety at Work etc Act 1974 (which the company was prosecuted under above). Under the HSWA 197 employers must take reasonably practicable steps to provide:

  • A safe working environment
  • A safe system of work
  • Safe tools, appliances and equipment
  • Protection from hazards
  • Any necessary training and instruction to your staff

In addition to this employers also have a common law duty to prevent harm from occurring to employees and third parties.

How could the accident have been avoided?

The accident could obviously have been avoided by installing the necessary industrial guards on the machinery. However, such a statement isn’t really helpful. What the company should have done is:

  • Regularly carry out risk assessments of its factories to identify hazards
  • Implement any recommended changes
  • Comply with the enforcement notices of the Health and Safety Executive

Direct 2 Lawyers offer specialist representation by employment lawyers and have barristers and solicitors that can represent employers in Health and Safety prosecutions

Medical Malpractice and Personal Injury

While not all personal injury cases are classified as medical malpractice, all medical malpractice cases fall under personal injury law.  If you have been injured in surgery or because of a physician or medical professional’s negligence, you may have a medical malpractice personal injury case.  As a victim of medical malpractice, you may be facing a number of different living expenses and medical expenses that you cannot afford to cover.  Because doctors and medical professionals are held to high standards of care, you do have the right to be compensated for your injuries and your pain if suffering if you have a case.  Read on to find out what different types of cases can be classified as medical malpractice and who may be considered liable for these personal injury cases.

Types of Medical Malpractice Cases

There are thousands of medical malpractice personal injury claims filed each and every year.  These cases are filed as insurance claims or as civil lawsuits depending on the types of errors that are made and whether or not the professional had medical malpractice insurance.  Typically speaking, medical malpractice falls into one of four types of cases.  These case types are as follows:

Prescription Drug Errors

Prescriptions drugs can alleviate pain and help individuals cope with sicknesses and diseases.  But they can also be very dangerous when the patient is given the wrong dosage or a bad mixture of drugs.  If a prescription drug error causes you, as a patient, some type of harm, you may have a medical malpractice case for your injuries.  Not only are doctors who prescribe medications expected to exercise caution when prescribing drugs, they are also expected to review the patient’s medical records to look out for bad mixtures.

Cosmetic Surgery Errors

Just because cosmetic surgery is an elective surgery does not mean it does not fall under medical malpractice when errors are made.  If a cosmetic surgeon makes errors while the patient is under the knife, the patient does have the right to sue if the surgeon did not follow the standard of care.  While patients can seek compensatory damages, juries are generally not sympathetic to plaintiffs when filing this type of malpractice claim.

Diagnosis and Surgical Errors

Misdiagnosis, late diagnosis, and failure to diagnose at all can be classified as medical malpractice if the error is one that a competent doctor would not have made.  Surgical errors are also very common, where the surgeon will damage an organ, tissue, or a nerve causing long-term damage.  In either case, the patient must prove that the average doctor would not have made the same error.

Birth Injuries

Because both a baby and mother can be injured, birth injury cases tend to be the most serious.  Birth injuries can be caused before, during, and after the birthing process.  Some common injuries include fractures, brain damage, cerebral palsy, and brachial plexus.

Who May Be Held Liability for Injuries?

who is held liable for your injuries depends on your own personal case.  Here are some professionals who can be listed as a defendant in a medical malpractice case:

*  Doctors and physicians

*  Nursing staff

*  Healthcare professionals

*  Pharmacists

*  Prescription drug companies, manufacturers, and marketers

*  Hospitals and other medical facilities

If you are not sure if you have a case, meet with a personal injury lawyer specializing in medical malpractice to discuss your case. Medical malpractice attorneys will investigate your case, find medical expert witnesses, and help you get the compensation you deserve.

Byline

This article was composed by Ty Whitworth for the team at life insurance for veterans

5 top tips when making personal injury claims

If you are currently in the process of making a personal injury claim or are considering whether or not to go ahead with a claim, you need to remember a number of things. Hence why we have developed 5 top tips when making personal injury claims.

1. Hire a personal injury solicitor

Whilst it may be tempting to make the claim by yourself, especially if you feel that there is nothing for the other side to argue, it can’t be stressed enough how important it is that you obtain the services of a personal injury solicitor. They will have the knowledge to ensure that you are able to claim for everything you deserve and will also be able to hold their ground if there are any unforeseen issues that arise.  Furthermore, personal injury law can be complex and processes may differ from case to case, so a solicitor will know exactly how to make a personal injury claim.

2. Gather evidence

Ultimately you need to be able to prove that the other party is at fault for your accident and the injuries sustained. Therefore, it is extremely important to gather as much evidence as possible to support your case and strengthen your claim. The forms of evidence required vary from case to case, let’s say you were in a car accident and needed to claim for whiplash. You have to prove that the other person caused the accident and also how severe your injuries are. A simple medical report covers the injuries, which is why it essential to receive medical attention ASAP. As far as proving fault for the accident you could: take witness statements, photograph the scene, check local CCTV and much more. A solicitor will be able to tell you exactly what evidence will best support your case.

3. Use a compensation calculator

A compensation calculator will help you to understand roughly how much compensation you could be entitled to. Be sure to use one of these to see whether or not the amount of compensation potentially available is worth the time and effort of an injury claim.

4. Be patient

On average, personal injury claims take between 8 months and a year to complete. However, it is essential that you don’t cut corners to reach a quicker decision as this could result in you not receiving all of the compensation you deserve or perhaps even losing the case.

5. Fully understand the claims process

Be sure that you fully understand the personal injury claims process. Before deciding whether or not you want to press on and make a claim, you need to know what lies ahead. Do this and you should be fully prepared for the claims process and hopefully won’t have any nasty surprises along the way.

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.

Insurer Bad Faith: What Does It Mean For You?

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(U.S. Personal Injury Law) If you’re injured on the job, you expect that you will be covered by worker’s compensation rights–after all, the system exists to protect the rights of injured workers. Unfortunately, many injured workers each year are subjected to lengthy legal battles just to get the compensation they deserve for their injuries, and in the meantime, medical bills, household bills and more continue to pile up.Why Does This Happen?

Worker’s compensation acts as an insurance program, and as such, most states’ worker’s compensation programs are underwritten by private insurance companies. When an accident happens, the state fund has to pay out money, which means the insurance company has to pay out money. As a result, the insurance company that is backing the state plan may try to act in bad faith, meaning it will skew the facts of the injury case or even outright lie in order to save money. Our Arizona workers compensation lawyer suggests that this situation can happen even when you know your case is legitimate, so it’s important to stay wary.

Insurance Bad Faith Cases

When an insurance company acts in bad faith, it is typically violating the terms of a policy that it has with a company or individual, and this typically results in the company disputing injury claim payouts or even delaying the process. While this goes on, a legitimately injured worker may be missing work while recuperating at home or in a hospital, and all the while, bills are mounting.

Legal Options

Unfortunately, because of the size of these types of cases and the resources possessed by most large insurance companies, insurance bad faith cases can be very difficult to face on your own. Such insurance companies will often employ intimidating lawyers who have one singular purpose: to keep you from getting the compensation you deserve. As mentioned, this may be done by disputing your claim or by delaying the claims process. Even if you are able to push past these difficulties, you will also have to deal with the courtroom process, and if you have no legal training, this alone can be a roadblock to the compensation you deserve.

Is There a Better Way?

If you’ve found yourself injured on the job and you’re unable to get timely results from your worker’s compensation program, you may need to turn to the services of an insurance bad faith lawyer, otherwise known as a worker’s compensation lawyer. These legal professionals can get in between you and the insurance company to seek a resolution, and if need be, they can also represent you in court to get the compensation you deserve for your workplace injuries. In addition, an insurance bad faith attorney will be able to investigate all aspects of your case, meaning you won’t have to spend valuable time and resources tracking down every last detail relating to your injuries.

With that said, it’s important for you to remember that if you’re involved in a workplace accident, you should try to document everything as soon as possible. From what happened to who was present, details regarding your accident can become very important when you and your attorney prove your case in court, especially when going up against an insurance company that isn’t playing by the rules. If possible, try to take photographic or video evidence of the scene of your accident, and write down an account of the accident as soon as possible. This evidence should then be copied, and the originals should be placed into a secure storage location for future use in your case.

Sarah Bishop is a freelance writer who contributes this article for Doyle Raizner LLP, trial lawyers with expertise in Arizona workers compensation cases. Doyle Raizner is committed to handling your workers compensation case if your insurer has incurred bad faith. They will recover monetary compensation for any of the damages caused by the delay of your company’s insurance provider.
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