Personal Injury Law Blogs

Personal Injury Law In Washington State

According to law, personal injury is mainly considered a hurt caused to an individual due to the negligent action/s of another person/s. The hurt can be physical or mental, and can be caused by almost anything; however, the law can provide compensation to the injured party, only when the negligent behavior of another entity or person is established. Although this is the common denominator in personal injury cases, the exact interpretation of the law might vary slightly between states.

In Washington State, the law follows an approach of comparative negligence, where responsibility is determined proportionately between the two parties. This means if the injured was also careless to a degree, which contributed to the injury, then the amount of compensation will be reduced proportionately to the extent of such carelessness. This comparative approach is also used for recovering proportionate damages, where more than one party is involved in causing the injury.

Many personal injury cases are to do with auto accidents, and when you are injured in such a mishap, you should know the correct steps that are to be taken to make a strong case. If you suffer injuries due to collision in Washington State, then you must file a collision report with Washington DOT (Department of Transportation), if law enforcement agencies have not done so. All investigations regarding personal injury that are due to collisions are handled by DOT.

When the police have failed to conduct any collision investigation, this report will be the only record of the incident. Collision report is available at the licensing office, DOT office or from the police. This report will include information about the date of collision, the number of people and vehicles involved in the accident, whether the vehicles involved were stationary or moving, and if there were any fatalities or injuries. This report simply records the fact that your were involved in an accident, and does not indicate who was at fault. This could include a bike accident as well where a Spokane Bicycle Accident lawyer would be very beneficial.

When personal injury is involved, Washington DOT will review the situation and find out if any driver/s involved was uninsured. The judgment usually goes against the driver who is uninsured, even when the negligence is established on the other party. That is why it is very important to carry the minimum auto insurance required by the State.

When taking auto insurance in Washington State it is also advisable to take the PIP (Personal Injury Protection) coverage. This coverage will provide immediate necessary care to the insured, irrespective of who was at fault or negligent in the accident. The PIP coverage is necessary, as the compensation provided by law usually takes time, particularly when the payment has to come from the negligent person’s insurance company.

The law regarding personal injury has many aspects, and the case can become quite complex. It is usually better to hire a competent personal injury lawyer, who is an expert at dealing with all aspects of this law. However, make sure you have taken the necessary steps in filing the collision report in case you are involved in an auto accident. Contact the Fannin Litigation Group if you have any questions or concerns.  They exist to help you.

Personal Injury: If I Slip and Fall Can I Sue?

Legal jargon may seem like it’s written in another language sometimes, but here’s what you need to know about slip and fall cases. A slip and fall case is a type of claim that is based on a person tripping/slipping and falling. It is based on the claim that the owner of the property was negligent in allowing the dangerous conditions that caused the slip to exist. Slip and fall is a type of personal injury that can happen in just about any place; private property, retails stores, at work and even on public sidewalks. Most people usually get up and dust themselves after falling. However, there is a chance that injuries may unfold days or weeks after. It is for this reason that a slip and fall should not be taken lightly.

In the event that you are injured as a result of tripping and falling on another persons property, you can file a lawsuit and there is a good chance that you will be awarded damages. Because this particular type of case is carried out against the property owner, it is built on premises liability. There are a number of conditions that are seen to contribute to a slip and fall accident. These include:

  • Torn carpeting
  • Poor lighting
  • Wet floors that are not clearly marked
  • Handicapped accessible walkways with inadequate handrails
  • Stairs with missing hand rails

How to assess whether suing is a good option:

There are three elements or conditions which are considered necessary for you to establish whether the property owner is to be held liable for the slip and fall personal injury.

  • The property owner either knew or should have known about the existence of hazardous conditions. More over, they should have recognized the fact that the conditions posed a threat of personal injury
  • You were not in any way aware of the existence of perilous conditions and the risk of harm
  • The property owner failed to deal with the situation and make the area safe. In addition, they also failed to give warning about the precarious conditions.

Who should you trust to represent you?

If you are involved in a slip and fall accident, it is advisable that you talk to a personal injury lawyer. This is an attorney who specializes in fall accidents. After the first consultation meeting, the lawyer should be able to tell if your case will succeed or not. You have a better chance of winning the suit if you pick a lawyer with a wealth of experience in handling negligence cases. The attorneys perform a number of tasks. For starters they represent you in court. They fight for your rights and ensure that justice is served. They analyze and evaluate the situation then prepare the case. Lastly, they negotiate on your behalf with insurance companies with the aim of acquiring the best settlement.

Taylor Gall is a freelance writer and author who is interested in law. He writes for websites, blogs and personal injury attorneys, and is writing a fiction novel about legal issues.

Anaesthetic awareness leads to clinical negligence claims

Anaesthetic awareness – the phenomenon of waking up or being aware of the pain during a surgical procedure – is thought to affect as many as 4,000 people in the UK every year.

For some patients it is a real-life horror story, where they feel the pain of being operated on but remain unconscious and unable to communicate. They’re screaming on the inside in an attempt to alert the surgical team, but while the anaesthetic is ineffective, the paralytic drug is doing its job.

But why does it happen? In most cases, the reason for patients waking up is down to a misjudgement about anaesthetic dosage required for a specific operation, possibly as a result of inexperience.

Thankfully, cases of this magnitude are relatively rare due to advancements in technology and procedures. Brain monitors can show surgical staff exactly how sedated a patient is, while a simple tourniquet can be used to identify whether a patient is still awake.

However, according to researchers in the field, some medical teams still do not use these techniques because they are unaware of just how common the problem is.

This has led to a number of clinical negligence claims being brought against private and public hospitals. Patients who have gone through this ordeal suffer from flashbacks, nightmares, fear of hospitals and, in some cases, post traumatic stress disorder. There is also an issue where some patients find people don’t believe them or are told they must have dreamt what happened.

The emotional and psychological impact of waking up during surgery can have long-lasting effects. Even with regular treatment, it can be debilitating in many aspects of their lives.

Speaking to a clinical negligence solicitor about their experience may not make the memories fade, but it can lead to a compensation payout that helps them get the help they need.

Road Safety Day focuses on young drivers

The European Commission last week dedicated its Fourth European Road Safety Day to young people, recognising that, around the world, road crashes are still the biggest cause of death and disability for the age group.

In 2010, 18 to 25 year-olds accounted for 19% of the 31,000 recorded EU road fatalities, despite forming only ten percent of the total population. According to the Commission, this indicates that those aged between 18 and 25 face almost twice as high a risk of dying in traffic accidents.

A young driver was involved in 40% of EU fatal accidents in 2010, says the Commission, while 25% of the fatalities involving car drivers were young people – 81% boys and 19% girls.

Taking a closer look at the road fatalities of young people per transport mode, the figures show that:

More positively, road deaths for the 18-25 age group appear to have decreased by 49% between 2001 and 2010 – more than the general decrease of 43%. Road deaths among young car drivers also fell over the same period, decreasing by 55%.

“I am optimistic that we can advance towards our ‘vision zero’ for EU road safety, as we made good progress in the last 10 years,” said Commission Vice President Siim Kallas, who is responsible for Transport. “Nevertheless, there is still a long way to go. Only by changing young people’s driving mentality can we continue to save lives.”

The Commission dedicated the 4th European Road Safety Day (held on 25th July) to 18 to 25 year-olds, as part of its strategy of encouraging young people to become actively involved in road safety issues.

The day was marked by a conference, jointly organised with the Cyprus Presidency, and the launch of the new European Youth Forum for Road Safety Facebook page.

What is the Settlement For A Knee Injury?

Accidents happen all the time. The majority of these accidents occur as a result of negligence on the part of someone supposed to take care and due diligence. People may not live up to their responsibilities and this may cause undue suffering, injuries and pain. One of the more common injuries that a person may suffer as a result of an accident is knee injury. The law declares that any person who

Causes of knee injury

Knee injury may be caused by:

  • car accident
  • trip and fall on the street
  • slipping inside a store or other premises
  • many other causes

If a person suffers an injury that is someone else’s fault, then the law often stipulates that they need to be compensated. Compensation will be paid by the person or party deemed responsible for the accident. Injury settlement need not be settled in court if the responsible party agrees to an out of court settlement. However, in some instances, people can proceed to go to court and seek a court order in relation to compensation for injuries such as a knee injury.

Consulting a personal injury lawyer

Once a person suffers a serious injury, they should seek medical assistance from a healthcare facility. If the injury is serious, they may be admitted for further treatment. Once the healing process gets underway or is completed, the person will then need to ensure that they contact a personal injury lawyer. This is a lawyer that specializes in helping victims of personal injuries receive Injury settlement.

The personal accidents lawyer is well versed with the complex process of filing for compensation and getting the due compensation thereafter. The lawyer usually works with victims without any upfront charges. The compensation depends directly on the amount of injury caused and any resultant suffering. This makes it very easy for victims of accidents to present their cases before lawyers.

Compiling documents and evidence

For every case involving personal injury claims and compensation, it is important that evidence be available and documents be presented so as to build a credible case. These documents may include

  • hospital reports
  • workplace reports
  • doctors report
  • witness statements
  • police reports
  • And all other evidence and documents that a personal injury lawyer may deem necessary.

Filing a claim for Injury settlement

Once a case has been built up by the personal accidents attorney, the evidence will be presented to the opposing side, the lawyers to the responsible party so they may agree to organization a claim for the injuries suffered. If they agree to settle the matter out of court, the two parties will negotiate a settlement and the victim will receive compensation pretty early. Sometimes these cases go to court and a long, drawn out court battle may follow.

Penelope Weimer is a freelance writer who mainly focuses on legal issues. Although her background isn’t in law, she has written extensively on issues such as personal injury and liabilities. Her work has even been published on the website of a personal injury lawyer.

Compensation for injured maritime workers

Maritime accidents are not uncommon in all coastal countries. The U.S. is not an exception from that. According to the U.S. Coast Guard’s annual report in 2011 only they responded to more than 20,000 cases. They managed to save the lives of over 3,800 individuals but unfortunately other 648 suffered fatal injuries. Besides the loss of human life maritime accidents have other serious consequences. They involve serious financial losses especially in case of cargo boats or other vessels with economic purpose. The larger a vessel involved in an accident is, the more likely the incident will have consequences on the environment, especially due to leakage of fuel.

The most common types of maritime or offshore accidents include overturn, bumping accidents, crushing incidents, explosions, fires and overboard incidents. All these events have some common causes, like equipment malfunction, negligence or recklessness of the vessel operators or crew members and harsh weather conditions. However as different statistics reveal in around 70% of the cases human error plays a significant role. The victims of such accidents are various. They include crew members, maritime officers, harbor workers, fishermen, dockworkers and passengers of all type of vessels. Of course, considering that maritime employees spend more time on seas, they are more likely to suffer severe injuries than passengers.

The injuries a person can suffer on seas covers a wide range, ranging from mild to fatal. Probably the most common type of injury is represented by slip and fall accidents. Due to slippery floors, bad weather conditions or poor illumination on decks all individuals can end up with bruises, cuts, broken bones or even head and spinal cord injuries. More severe injuries include burns due to fires or explosions, intoxication, lost limbs, disfigurement and drowning.

Drowning was the cause of death of 30 years old Keith Morris, whose boat slammed into the break wall at the entrance to Stamford Harbor on the evening of July 22. Two passengers from the boat were thrown in the water and other two were trapped in the hull of the capsized boat. Residents in the area alerted the emergency unit and they managed to save the lives of the four passengers. Unfortunately nothing could be done for the boat owner.

All maritime accidents are the subject of official investigations. Their purpose is to determine the cause of the disaster, help prevent further similar cases, establish whether maritime safety law has to be improved and establish whether injured parties are entitled to financial compensation. The cause of the Stamford accident has not been determined yet, but victims and their family members are certainly interested finding out who is responsible for their injuries, sufferings, losses and the terrifying moments they spend on that night. Considering that official investigations might take a long time, individuals injured in any circumstances while at sea should contact a maritime attorney. If the victims can be legally considered seamen, meaning that they spend at least a third of their time on seas as employees, they will be eligible for compensation based on the Jones Act. As long as worker’s compensation only covers basic costs like medical bills, the Jones Act can bring more considerable compensation like present and future treatment costs, lost wages, deterioration of life style and pain and suffering. Similar compensations are available for family members of deceased seamen. Unfortunately the Jones Act does not apply to other individuals injured on seas. However they will still need and admiralty lawyer to investigate the circumstances of the case and establish whether there is a valid legal claim or not. A simple personal injury lawyer is not a valid choice in case of maritime injuries as these cases fall under the incidence of admiralty laws and they should be filed in federal courts

Do I Have a Spinal Injury? Symptoms and Remedies

THE SPINAL CORD

The spine is vital to the movement of the muscles in the body. The spinal cord is the essential body part that coordinates muscle and joint movement. The spinal cord is part of the central nervous system. The spinal cord is a long column of neural tissue that is located inside the spinal cavity. The higher tip of the spinal cord joins the medulla oblongata of the brain. The spinal cord stretches to the level of the second lumbar vertebra in the spinal column. Then at the bottom end, the spinal cord becomes a group of nerve roots known as cauda equine. The spinal cord is protected because is within the central opening of each bony vertebra. When the spinal cord is injured, the ability to walk or move is severely impaired.

SPINAL INJURY SYMPTOMS

When the spinal cord is injured, the spinal cord nerves impulses to specific spinal nerves are damaged and this causes partial or complete loss of sensation and possible paralysis. Lower spinal injury causes paralysis of the legs. A injury to the upper spinal cord causes paralysis of all four upper body extremities. Without nerve impulses to the spine, the spinal muscles lose their tone and firmness and eventually waste away.

TREATMENT FOR SPINAL INJURY

Once this injury has occurred, the person is transported to the hospital on a specially equipped gurney that will hold the spine securely in place. This is a strong spinal board, with a cervical collar in place, and the head is taped to the board to prevent head movement. Head movement in a spinal cord injury can result in even more severe spinal cord injury.

WHAT TO DO IF INJURY HAS OCCURRED

When cord injury has occurred, get to the hospital expeditiously. When the doctor has determined the extent of the spinal cord damage, he can then ascertain the treatment plan to be implemented. This assessment and treatment plan must take effect immediately after injury so the effects of the injury will have minimal effect on the rest of the body. Surgery may be requested to mesh damaged vertebrae. In less traumatic instances, drugs named corticosteroid drugs which decrease spinal cord inflammation. When this aggressively precarious injury has taken effect, paralysis can occur almost immediately, so medical attention is imperative.

WORK RELATED SPINE INJURY

If the injury occurred due to work related job performance, please notify the supervisor immediately. The details of the injury must be divulged right after medical treatment has been implemented, and a detailed accident report documented for legal purposes. Documentation of the injury will insure accountability of all parties involved. The most important thing to remember relative to this type of injury is to get help and get help immediately.

Terry Hoaler is a writer who focuses on legal issues and personal injury law, even though he isn’t himself a personal injury attorney. He believes law should be accessible to lay persons without a law degree so he tries to understand the law and write about it clearly for others to understand.

Nursing Home Neglect, An All-Too-Common Occurrence

Nursing home negligence and abuse is an all too frequent type of personal injury, suffered by hundreds, if not thousands, of elderly people every year. Not-so-encouraging statistics have suggested that nearly one-third of all nursing homes are guilty of imparting some type of mistreatment or harm to its residents.

While some victims and their family members work up the courage and strength to file a claim against the entity, many opt not to, due to fear, lack of understanding and loss of faith that things will ever change, but it doesn’t have to be this way. Several law firms and lawyers represent cases like this every day, defending the rights of families and individuals.

However, there are ways to keep it from ever even getting to this point. Not that filing a claim is an ineffective approach, but wouldn’t it be better if negative, detrimental incidents never even had the chance to occur? When it comes to your loved ones, insuring their health and welfare should be of utmost importance and priority and there are steps you can take to keep them safe.

Do They Really Need to Go to a Nursing Home

First off, ask yourself and your family if it is absolutely necessary that your elder relative go to a nursing home. Sure, sometimes this is the only practical option, but in some situations, families can coordinate another option. All-too-often, people just default to the adult-care-facility option, worried nothing else will work. However, whatever choice you all make should be based on the specific situation at hand—not based off of whatever the “norm” is.

If So, Conduct a Background Check

Yet, if it is determined that professional care is the route you all must take, consider conducting a background check on the entities you all are considering. Just as an employer wouldn’t hire someone without first checking their record, you shouldn’t entrust a group of people to care for your loved one unless they pass an extensive, thorough test. If there’s anything you don’t trust, you know to move on and find another option. Also, part of your background check should cover whether or not the company does background checks before hiring its employees.

Professionals in the field have noted time and again how proper employee screening and supervision are an effective way to decrease and possibly eliminate elderly abuse cases—proving the power of a thorough background check. Some worry about the cost that goes with it, but can you really place a price on your loved one’s life?

So, if you and your family are currently facing a decision such as this, consider the tips and suggestions listed above—they might save you some heartache, headache and hassle.

Working for one of the best background check companies, Jane Smith offers insight and advice on the subject through her blogs. She welcomes you to email her your questions, comments or concerns at janesmith161@gmail.com.

Olympics legacy may be more sports injuries

Thousands of people will soon be inspired by this year’s Olympics to take up sport for their health and enjoyment. This is the much talked about legacy of the games. Claim Today Solicitors own sportsman Partha Biswas welcomes this legacy with a few words of caution about injuries.

All sports contain a certain level of risk for participants and injuries always happen during the normal course of play. We have to accept this and at times it can be part of the fun. Some injuries, however, should be avoided with properly maintained equipment and the sensible application of the rules by the sports authorities. If the necessary precautions are not taken then an injured participant may be able to claim for compensation against the sports club or association or the owner of the facility where the accident happened.

An obvious example would be a reckless tackle during a game of football. You know, when a player is tackled several seconds after the ball has clearly been played by the player, the sort of challenge that causes the spectators to take a collective intake of breath.

A less common case might be if a lower ranked karate player was hit excessively by a higher or a far more experienced or advanced ranked individual. Or even if the player were asked by their Sensei to perform manoeuvres beyond their expertise and experience, there may be a claim for compensation, should a serious injury arise.

In my 20 years’ experience of personal injury I’ve seen several such cases, in football, trampolining, ice and field hockey, and skiing. I’ve helped children who were hurt during PE win compensation. I also acted on behalf of a professional footballer injured during an English league game. It was one of those tackles.

Equipment failures, inadequate safety checks, and poor referring can all lead to injuries that can end a buddy sporting career, curtail a much loved hobby, and of course mean a loss of earnings through a prolonged recovery period.

My point is that it can happen to anyone and that’s why it’s important for all sports clubs and associations to have player registration systems and public liability insurance. Before you next get your kit on check this out with your coach our association.  If you get hurt playing your favourite sport and you believe you may be entitled to make a claim it is important to get a specialist on your team, a lawyer with experience of sports injuries will always get you the best result. You can talk to an expert in sports injury at Claim Today Solicitors 0844 27 70 800

Guest post by Claim Today Solicitors

Comparative Negligence vs. Contributory Negligence In Personal Injury Claims

(US personal injury laws & generally) When a person files a lawsuit claiming they were physically or emotionally harmed due to the negligence of another, it is called a personal injury claim. In order to succeed in a personal injury claim, your personal injury lawyer must be able to prove the negligence of the other party was partially or fully responsible for your injuries. Each state has their own laws governing these claims. 

When proving negligence, it can be difficult to assign 100% of the blame to just one party. There are often actions by more than one party in any incident that might contribute to the overall damages. Negligence itself is defined as a disregard for the duty we each hold as a member of society. Law firm Tenn and Tenn, based in New Hampshire, offer the following definition of negligence: “Negligence is the failure to use reasonable care. In other words, negligence is any conduct that falls below the standard of care established by law to protect others from the unreasonable risk of harm.”  For example, as a driver, you have a duty to follow the traffic laws and operate your vehicle safely. If you fail to do so, and you cause an accident, you could be held liable for any damages that occur due to your negligence.

Contributory Negligence

Only a few states still calculate damages based on contributory negligence. Let’s look at an example of contributory negligence as it applies to a simple car accident to understand why most states have abandoned it. If two people are in a car accident and both parties contributed to the accident, there could not be a successful claim for damages. As long as both people contributed in any way to the accident, then no damages can be awarded. This sounds drastic, because it is. A New Hampshire personal injury lawyer explains that you can be 99% responsible for an accident, but under contributory negligence you would not be held responsible for the personal injury damages because the other driver was found to have contributed the other 1%. The stark and unfair nature of this defense is the reason so few states still allow it.

Comparative Negligence

Comparative negligence is a much more common-sense system. This damage calculation takes into account the percentage of blame and assigns damages using a formula based on comparative negligence. In some states, it is necessary that an attorney prove that the defendant was 51% responsible in order to win damages. In other states, damages are apportioned based on the percentage of blame that a jury or judge finds belongs to each party in the accident. There are several modified comparative negligence formulas and each state decides which they will use for each type of personal injury tort. New Hampshire, for instance, is a modified comparative fault state. As long as the damaged party was less than 50% responsible for the accident, they can recover damages.

If you have been in an accident, and you are looking for the most experienced personal injury lawyer Manchester NH has to offer, it is vital you do your research. Understanding the legal system in your state is a great first step to helping you make an informed choice about your legal representation.

Article written by Georgina Clatworthy who is a legal researcher and former editor of a popular legal blog.  She is now a contributing writer for the accident lawyers at Tenn and Tenn who can offer expert advice and guidance to those seeking injury compensation witihn the state of New Hampshire.