Personal Injury Law Blogs

Accidents and Uninsured Drivers in the UK

Drivers in the UK are required, by law, to be covered by Car Insurance, yet it is believed that up to 6% of all drivers, actually on the roads in the UK, don’t have insurance. First off this is pretty ridiculous, and it’s surprising how these individuals feel like they can get away with it. It’s made even worse when you consider that uninsured drivers are responsible for around 23,000 injuries and 160 deaths each year. That’s simply staggering. It’s even more shocking when you discover that many of the victims will find it difficult to claim compensation, and might not get any at all, due to the lack of an insurer to make a payment.

Luckily there are still avenues to explore that could result in compensation for the victim. This came about in 1999 when the MIB (Motor Insurers Bureau – not the Men in Black) struck an agreement with the UK government to help those seriously injured receive compensation. This is achieved by the MIB holding a fund, gathered in small amounts from all drivers that have car insurance, to create a pool of available compensation.

With the help of a serious injury solicitor, it may be possible to receive some of this money. It’s not guaranteed – it’s only likely that serious, serious injury may result in compensation – but it’s possible.

Obviously this isn’t the complete answer: having the drivers who don’t insure their vehicles and are now on the road illegally punished more will help, but for the victims of these reckless, unruly – and downright wrong – drivers, some help can be offered. It’s an important service that can often mean the difference between a poor quality of life, and a better quality of life.

 

Los Angeles, California Accident Claims – How Do You Get Paid For Your Loss?

Always concerned for the health and safety of our citizens traveling abroad to a busy place like the Golden State of California, we wanted to provide some basic info if you got hurt in a vacation related rear end collision, or other harm, such as a cruise ship tour. We asked a Los Angeles, California attorney to discuss getting paid for a tragic loss or fatality, and Michael P. Ehline, Esq., from the Circle of Legal Trust, volunteered. He is located right in the heart of the “City of Angels”, at 633 W. 5th St., #2890 Los Angeles, CA 90071-2005; (213) 291-9080.

Editor’s note – see also our list of some of the best medical malpractice attorneys in Los Angeles.

Insurance and Self Insurance Act As a Safeguard Against A Loss

Mike says that insurance is a safeguard against incurring heavy expenditure for medical treatment, repair of damaged vehicles, or homes etc. He also said some businesses, like the big cruise lines, are self insured. As far as personal insurance goes, there are several types of policies to meet different requirements. A good majority of policies cover expenses for medical treatment and the exorbitant bills that go along with it. Self insurance is when the business usually can’t get coverage unless it is from Lloyds of London, so they put up their own collateral to pay for any potential, future tort or negligence claims.

Different Types of Insurance

Los Angeles is the second largest city in America, and extremely dense in population, fast cars, and “freeway traffic.” So you want to make sure you have good insurance if you travel there for sure. There are also policies where personal injuries are caused by either by accidents either at workplace (“workers comp insurance”), or in a car crash (“liability insurance”) for example. Other policies cover the loss of the vehicle . (“Comprehensive and Collision”), and still others, pay for no fault “med pay”, where no matter who is at fault, there is insurance to pay for hospital care up to a certain amount.

Typically, your car rental company will require you to have coverage, or they will sell you an over the counter policy. “So don’t be frightened if you think you don’t have the right coverages, Ehline says.” Claims can be made in such cases with the insurance companies for the policy holder, who is typically also a defendant who is at fault for the tort. The normal method of making the claim is for the person to file the claim with the insurance company immediately after the accident, and without delay. Only after consulting a personal injury attorney for Los Angeles in this case, prior to contacting the other driver’s insurance company.

Reporting the Details to the Adjustor

Insurance claims are made with reports of details of the accident just as who suffered, what happened at site, who or what caused the accident and also the damages that might have occurred. Typically an insurance adjustor is assigned to the matter, and he or she will try and get a recorded statement. Ehline counsels against giving any recorded statement, and says it is better to have a lawyer do your talking for you when making a claim.

Injuries Take Place Anywhere

Mishaps take place not only at workplace, but also at places used by public also. There is a case of pedestrian getting seriously injured by debris falling on him from a crane clearing earth from a work spot. The entire lot fell on him and he was almost covered by the earth. Luckily, he was rescued live.

The injuries sustained by this event, has left him unfit for any job and his medical expenses completely wiped out his savings. The contractor engaged for the work brushed aside his compensation claims. He engaged lawyers and took it up legally.

The lawyer arguing his case had this to say” it was the duty o f the contractor to barricade the work area clearly pointing out the danger involved in the area for pedestrian”. Fighting the matter in the court for some time, the lawyer was able to get adequate compensation for the pedestrian.

He said “it is a second life for me.” “I thought that the contractor would be remorseful for his failure to take adequate precautions and compensate me for his negligence. He failed and had to be forced on him legally. I got the entire medical expenses reimbursed and lump sum compensation that will take care of my needs for a few years. I should thank my lawyer for the effort he put in. He deserved the fee I paid.”

Negligence Attorneys Investigate Mishaps and Help You

Accident insurance claims may involve heavy and onerous payments. Though insurance companies are fully aware that they have full liability to settle the claim, they make every effort to arrive at as low a figure as possible based on their own investigation and calculation. They interview witnesses, doctors, etc; to make sure that the notification sticks to facts and the claim for compensation is realistic and payable. Ehline says that California is like most states. You need a local negligence lawyer who is even more aggressive than the adjustor, who also knows LA court, and streets like Melrose Ave., to the Sunset Strip. You have to hire an advocate who is a velvet hammer if you want to get your client any compensation, regardless of the many types of insurance policies and coverages involved. So if you are on holiday and get hurt, I think you should give him a ring if you want to get paid for your loss. Cheers.

Sources:

http://en.wikipedia.org/wiki/Downtown_Los_Angeles

http://injuryattorneyatlanta.net/personal-injury/los-angeles-personal-injury-attorney-michael-p-ehline-offers-quality-legal/

5 Tips When Choosing a Personal Injury Lawyers in Toronto

When you have been injured, it is important to hire a good lawyer.  Victims often have difficulty separating their emotions from the law.  A good lawyer not only addresses the law, but pays attention to your state of mind so that the claims process or lawsuits can be as smooth as possible for both victims and lawyers.

When selecting a lawyer, consider the firms specialties.  This may have an impact on the outcome of your case.  For example, numerous lawyers in Toronto specialize in automobile accidents, but they may also have great knowledge of cases dealing with pedestrian accidents, motorcycle accidents or even public transportation accidents.  Others may specialize in personal injuries and have expert staff on hand such as medical malpractice lawyers, disability lawyers, dental malpractice lawyers, or even brain and spinal cord injury attorneys .  Some items to consider before you make your selection:

1. Make sure the lawyer is licensed to practice in Ontario
Basic, but is very important. Attorneys are licensed to practice law in a given province by the Ontario Bar Association. An attorney who is not licensed to practice in Ontario in which the lawsuit arises cannot represent you.

2. Check the law firm’s specialty 
Depending on the type of claim, check with the law firm to make sure they have a lawyer that specializes in your type of case.  If you have a personal injury such as a slip and fall, you may want to ask how many cases your lawyer has dealt with in this area.  You may want to look for a firm that specializes in this field.

3. Take notice of your lawyer’s personality 
Many people simply accept their lawyer’s personality – whether it is compatible with theirs or not.  This is usually because the lawyer is deemed as the expert.  But a claim may last a long time, sometimes spanning years.  As a victim, you may want to be informed on a regular basis.  Make sure there is a clear understanding from the lawyer about how often you need updates, whether or now you need follow up calls or meetings to avoid client and lawyer frustration.

4. Does your lawyer have a good bar standing
Check with the provincial bar association to ensure that your lawyer is in good standing with no disciplinary proceedings against them.

5. Fee agreements 
BEFORE engaging the lawyer for representation, make sure you have a clear understanding of how the lawyer collects his/her fees. Lawyers have very different ways of charging clients from retainers to contingency agreements so check with your lawyer to see how he/she charges and whether their method is acceptable to you.

Introduction to medical negligence

When we have medical procedures performed on us by medical professionals we expect that the highest of standard are adhered to. If these are not and we suffer as a result then those medical professionals at fault can be sued in order to compensate for any loss or injury.

The types of situations which can lead to a claim include:

  • Mistakes in surgery;
  • Failure to act or treat a patient when it is necessary to do so;
  • Administering the wrong medication or the wrong dose of medication; and
  • Misdiagnosis or failure to diagnose a condition.

The basic concept of these claims is the same as a claim for any other personal injury but the issues can often be much more complicated and involve the need for expert medical evidence.

What must be proved?

In order to be successful in a claim the ingredients of negligence must be proven, these are:

  • The existence of a duty of care – this will be found where a healthcare professional performs a service for an individual, such as a surgeon conducting an operation;
  • The breach of that duty – this will be found where their action, or lack of action, falls below the expected standard of a reasonable healthcare professional in their field of expertise;
  • Injury caused by that breach – the injury needs to be caused as a result of the breach of duty such as the loss of feeling because the surgeon negligently damaged a nerve.

How to bring a claim?

It is important to go to a solicitor who is experienced in bringing claims for medical negligence as the issues can be complex and the implications of failing in a claim can be severe. If a claim is dismissed the Defendant’s cost may become payable, these can be considerable in such a case as experts are often commissioned and healthcare bodies will often instruct expensive lawyers. A solicitor may need to commission expert reports on both the cause of an injury and the financial effect the injury will have on the injured party.

It is possible to enter into a conditional fee agreement with a solicitor although in many medical negligence claims it is very difficult to assess the chances of success due to their complex nature. Hence, solicitors may be reluctant to take on a case without being paid up front and bear the expense of expert reports and lengthy litigation with no guarantee of remuneration. It is possible, at present, to receive Legal Aid when making a claim in medical negligence although it is uncertain as to how much longer this will be possible.

Expert Evidence

Due to the nature of the arguments involved in proving a claim in professional negligence it is often the case that experts need to give evidence. This is because there are various ways a medical professional may treat a patient and it would be a defence for them to say that the method they have selected, although unconventional, is consistent with the way other reasonable professionals would have acted. It is worth bearing in mind that just because a patient has suffered some harm it does not necessarily mean that the medical professional was negligent. There are risks that come with any medical procedure and a patient can suffer adverse consequences even though the medical professional has acted entirely appropriately.

Where does the money come from?

All medical professionals pay for professional insurance to cover them in situations where they are sued for negligent conduct. Therefore the resources of the insurance company are enough to cover the claims made against the professionals.

How much will I receive?

The amount of money a court will order upon a claim being successful will depend on the severity of the injury and the extent it has affected the injured party’s life. Damages can be awarded for consequential losses such as a loss of earnings or the cost of a carer if necessary.

It is possible to settle a claim before it reaches court. This is another time when a trained solicitor is vital in ensuring that the amount offered is appropriate and adequate in compensating the injured party for the injury sustained and their future needs.

This post courtesy of My lawyer who provide a wide range of online legal documents and ancillary services.

Increase in drink drive casualties

The number of people killed or seriously injured as a result of drink and drive accidents has risen for the first time since 2002, according to new figures from the Department for Transport. The number of fatal drink drive accidents also increased.

The statistics, which are provisional estimates for 2011, show that:

  • Fatalities resulting from accidents involving drink drivers increased by 12% from 250 in 2010 to 280 in 2011;
  • The number of seriously injured casualties rose by 3% from 1,250 to 1,290;
  • There was an increase of 3% in the number of casualties sustaining slight injuries from drink drive accidents (up from 8,210 to 8,430);
  • Overall, there was an increase of 3% in total casualties caused by drink and drive accidents  (up from 9,700 to 9,990);
  • The number of fatal drink and drive accidents increased to 260 in 2011 – up 18% on 2010;
  • The number of accidents involving drink drivers rose by 2% from 6,630 to 6,730; and
  • Overall, 15% of all road fatalities occurred as a result of a drink and drive accident.

Road safety organisations have expressed concern at the increase, which follows a drop in 2010, when drink drive fatalities were at their lowest in thirty years.

Simon Best, the chief executive of the Institute of Advanced Motorists, described the rise as “worrying”, and blamed it on the morning after effect.

“There needs to be more education on the effects of driving after drinking,” he said. “A heavy night drinking could leave you over the limit the morning after. The message to all drivers is don’t drink and drive.”

According to Julie Townsend, deputy chief executive at Brake, a zero tolerance approach is called for.

“We appeal to drivers to commit to never driving after drinking any amount – even one small drink,” she said. “We are calling on the government to take decisive action on this major killer, including a zero tolerance drink drive limit, to send out a clear message that it’s none for the road, and greater priority given to traffic policing, so we have more police carrying out life-saving enforcement.”

Claims for professional negligence

Do I have a claim against a professional for negligence ?

If you believe you have received a sub-standard level of advice/work from a professional and have suffered a loss as a result, you have a possible claim in negligence. The professional will need to have failed to reach the standards associated with a reasonably competent peer in his or her profession. It follows from this that in most cases, expert evidence will be needed from a competent analogous professional to the effect that the professional in question has not achieved the required level of competence.

When can a professional be deemed negligent ?

The basis of any negligence claim is proving that a duty of care between you and the professional exists and that this duty has been breached.  In the context of professional negligence claims, it is not difficult to prove the existence of a duty as you will in all likelihood have a contractual relationship with the professional who provided you with the service.  The difficult part is proving that the duty of care was breached.  Professionals are expected to carry out their duty with a reasonable standard of attention and care that can be expected of persons in the same profession.  Quite often, expert witnesses are required to prove whether a duty of care was in fact breached.

How long do I have to bring a negligence claim ?

Generally speaking you have six years from the date of the negligent act to bring a claim, although it can prove much easier to win your case if you bring your case as soon as possible.

In the context of negligence, what does causation mean ?

Causation is crucial in any type of legal action for negligence.  In order for someone to be negligent, there has to be “a causal link” between the defendant’s negligence and the harm or loss suffered by the claimant.  If, for example, you were bitten by a neighbour’s dog and subsequently suffered a kidney infection, you would have show that there is a causal link between the dog owner’s failure to control the dog, the dog bite and the infection.  The fact that the claimant might have underlying medical conditions is immaterial as the law generally operates under the principle that you “take the victim as you find them”.

Lloyd Green Solicitors advise on clinical negligence claims. If you have a potential claim against a medical practitioner, get in touch with Lloyd Green.

Established personal injury domains for sale – enquiries welcome

As posted to WardBlawg recently, we have a contact who is keen to engage in discussions relating to the sale of established personal injury law firm domain names. We are still welcoming enquiries.

This may be of particular interest if the following applies to you:-

  • if you are concerned about the looming personal injury referral fee ban;
  • if you are looking to grab additional top spots in Google for relevant personal injury keywords;
  • if you want to avoid paying upwards of £700 per case from other websites;
  • if you’d like to avoid relying solely on pay-per-click, which can cost upwards of £40 per click, with no guarantee of being hired
  • if you want a pre-optimised personal injury site which has hundreds of targeted visitors per month, traffic that could potentially cost thousands of pounds per month through pay per click or other sources.

If you’d like further information please complete our online enquiry form here and please do share this news with any of your contacts if this may be of interest to them – please use the social buttons or email button to the left of this page.

Treatments Used To Help Heal Compound Fractures Sustained In Bicycle Accidents

The below article was penned by the bicycle accident attorneys, Rosenfeld Injury Lawyers in Chicago, Illinois.

When a cycling accident causes a compound or open fracture, the road to recovery can be long for some accident victims. Depending on the type of break and several other factors, many, up to 60%, of compound fractures are unable to heal on their own. This means they need surgery and possibly bone grafting to allow the bones to grow back together.

Challenges With Treating Compound Fractures

Compound fractures are also called “open” fractures due to that fact that there is an open wound. The bone has broken and cut through the flesh and skin, exposing it to the elements. There is increased chance of infection due to the nature of the wound, making it dangerous to close or do surgery on. Compound fractures have a higher chance of “non-union” between the pieces of bone that fractured. This can mean several surgeries for the patient if there is difficulty in getting the bone to heal.

Surgical Options

Depending on each individual fracture and patient, the orthopedic surgeon may decide on a few different surgical options. It depends on how much bone was lost and how large the gap is between the ends of the fractured bone.

  • Screws inserted across the break to hold it together
  • Steel plates screwed into the bone
  • A rod or nail into the shaft of the bone and connected the other side with pins
  • Bone grafting may be used with any surgery or on its own to promote bone growth between the fractured ends

There are risks of infection from the surgery itself and many compound fractures, even with bone grafting, can have difficulty healing. Most surgical treatments for fractures are successful and patients are healed in about 3 months. However, the hardware that is left in the body can cause some pain and the risk for arthritis down as the patient gets older is elevated in some surgeries that involve uneven joints.

New Breakthroughs In The Treatment Of Fractures

There are new treatments being studied to help in the healing of compound fractures that may make a difference for patients in the future. There are studies being conducted on different ways to improve the healing process and likelihood of the bone ends regenerating new bone between them. These include everything from stem cell research to worms with special glue that they produce.

  • The University of North Carolina presented it findings last year that stem cell therapy enhanced with bone-growth hormone improved bone healing in animal studies
  • Ultrasound shockwaves are being used to promote fracture healing in the UK
  • The sandcastle worm emits a “glue” that is being studied as a way to hold fractures together within the body to promote healing

As some of these therapies come to fruition in the surgical world, there may be renewed hope for compound fracture victims to heal faster with less complications.  In the mean time, cyclists who have these types of fractures may have months of surgery and recovery before they are ever able to ride again.

Resources:
http://www.dailymail.co.uk/health/article-2008087/Shockwaves-heal-broken-bones-New-treatment-avoids-need-surgery-fractures-wont-join-up.html

http://www.sciencedaily.com/releases/2011/06/110606092530.htm

http://www.chicagobikeinjurylawyers.com/2012/07/bike-accident-lawyers-see-increase-in-serious-wrist-fractures-sustained-in-bicycle-accidents/

http://www.economist.com/node/15048727

http://www.nlm.nih.gov/medlineplus/ency/article/002966.htm

 

Uninsured Car Accident Compensation Cases to Drop

Jim Loxley is a Director for car accident compensation specialists, My Compensation
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Specialising in this area, My Compensation knows that considering claiming car accident compensation is a common thing to do if you’ve sustained personal injuries as a result of someone else’s negligent driving. In the vast majority of compensation claims for car accidents, the third party’s insurance company compensates you monetarily in the event of a successful claim. However, what happens if you were in a car accident due to negligent driving, but the offender does not have any car insurance? In the United Kingdom, the Motor Insurance Bureau (MIB) is the organisation which is set up in order to help people secure car accident compensation when they’ve been in this situation.

My Compensation rarely sees these types of cases, but they do happen. The MIB regularly pays out compensation money for car accidents to people who need it and who have been involved in these unfortunate circumstances. Thankfully though, such situations may be a thing of the past, or at least diminished. The MIB has recently issued a press release stating that it is on a mission to seize UK vehicles with uninsured and has released postcodes of the worst offending areas of uninsured vehicles present on the roads. Just last month, police officers have seized the millionth uninsured vehicle, meaning attempting to claim car accident compensation from uninsured drivers will soon be an even less common occurrence.

It transpired that uninsured drivers are a real problem, specifically around West Yorkshire and the West Midlands. Road traffic accidents are not necessarily intertwined with these results. The millionth vehicle which was seized was in the B9 area of Birmingham of Bordesley which has dominated the ranks of uninsured drivers, totalling eight times the number of cars uninsured compared to the national average.
an image showing road user on a UK's summer day, driving his carAdditional research carried out illustrated that people in these areas did not understand the current car legislation surrounding motor insurance, a fact which means meant they were risking £5,000 in fines, having their cars seized by the police and also gaining points on their licenses. The press release by the MIB stated that at an estimated 1.2 million drivers in the West Midlands represented approximately 60% of the postcodes in the top 20 worst offenders in this country.

The Chief from Birmingham’s Road Safety Partnership, Chris Edwards, stated that “In the West Midlands we continue to adopt a multi-agency approach in partnership with the MIB to reduce the number of uninsured vehicles on our roads. West Midlands Police relentlessly enforces the law in respect of uninsured driving, which has led to a seizure of 5,881 vehicles between January and July 2012. In simple terms we seize on average 27 vehicles every day of the week or the equivalent of 1 an hour.”

Car accident compensation cases involving lack of insurance are some of the most difficult claims to take on. This MIB announcement can only be a good thing for the UK and its roads, making a better environment for everyone, a fact which My Compensation definitely welcomes.

Jim Loxley can be contacted through the My Compensation homepage.

Will a medical negligence claim affect my benefits?

Will my benefits be affected?

When you first visit a solicitor regarding your medical negligence claim, it will be difficult for them to determine how much compensation you are likely to receive as they have to take into account any social security benefits you may be redeeming, including income Support and sickness benefits. Benefits you receive may affect how much compensation will be rewarded to you.

Benefits claimed as a result of the injury may be deducted from the amount of any compensation awarded. The amount of these benefits is effectively included in the claim against the third party and therefore there is no real loss following repayment. The following benefits may be repayable to the DSS:

  • Income Support;
  • Invalidity Pension;
  • Invalidity Allowance;
  • Job seeker’s Allowance;
  • Reduced Earnings Allowance;
  • Sickness Benefit;
  • Statutory Sick Pay;
  • Unemployability Supplement;
  • Unemployment Benefit;

Benefits that are not means tested (such as Incapacity Benefit or Industrial Injuries Disablement Benefit) are not affected in this way and you will continue to receive them for as long as you are medically entitled.

If your means tested benefits and compensation award brings in over £6000, your entitlement to benefits could be affected. Usually, your benefits will reduce by £1 for every £250 that you have over the £6000 limit. A compensation award of £16,000 or more will mean you will no longer be entitled to receive means tested benefits.

To avoid this problem you can set up a trust and pay some of the compensation into this trust. The DSS will ignore the money in the trust when calculating whether you are entitled to benefits.

What is a personal Injury Trust?

Setting up a personal injury trust will guarantee you receiving your compensation while retaining your means-tested benefits entitlements. Personal injury trusts are recognised by the Department of Work and Pensions and Local Authorities.

When setting up a trust you need to consider who you want to appoint as trustees. Trustees are able to look after things, if you are unable to look after them yourself. Your trustee can be a friend, a relative, or a professional adviser.

Different types of trusts are available so it is important to find the right one that suits you. You need to be aware of the implications of having a trust, for example you may be asked to submit an annual tax return.

There are ways you can protect your on-going benefits so do not hesitate to contact your local medical negligence solicitors for further options and advice regarding your rights.