Personal Injury Law Blogs

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.

Why Motorcycle Crashes are on the rise in Georgia

If you regularly tune into the radio for the traffic report or read the accident reports in your local newspaper, you no doubt know that motorcycle crashes are on the rise in Georgia. Not only are these crashes becoming more common, but all too often they are lethal, with riders being severely injured or killed on a near daily basis. So why are these accidents happening more often? And what can be done to stop them?

1. More Bikes on the Road

In recent years, the number of motorcycles on Georgia’s roads has skyrocketed. With fuel costs rising and high-speed sports cars out of the budget of most Georgians, those who want to go fast and have a thrilling ride have turned to motorcycles, which in addition to being cheaper are also more dangerous. This is especially true at high speeds, and modern motorcycles can easily go 125 mph or faster without the use of expensive upgrades or illegal modifications. Additionally, many inner-city commuters are turning to mopeds and other small commuter bikes

2. Inadequate Training

The Georgia licensing program for motorcycles is exceedingly basic and covers only the basics of road knowledge and riding capability. As such, the vast majority of riders do not know the unique dangers inherent in riding a motorcycle, from the need for increased vigilance to the fact that they are very light in terms of grip and handling. Any Atlanta motorcycle accident lawyer will tell you that most persons who are very badly injured or killed while riding were either exceeding their own skills or going too fast for the bike’s design. Combine this with the fact that modern bikes are faster and more powerful than ever before and accidents are almost inevitable.3. Not Wearing Proper Safety Gear

Even though it is against the law in Georgia to ride a motorcycle without proper safety gear, all too often cyclists fail to do so. This almost ensures that a driver will be badly injured or killed in the event of an accident since motorcycles offer the rider absolutely no protection whatsoever in the event of an accident. The vast majority of persons killed while riding a motorcycle are killed when their head hits the pavement, shattering it instantly. Additionally, many persons suffer severe scrapes, burns and permanent skin loss if they are not wearing skid-proof clothing. This includes traditional clothing such as denim jeans and leather jackets in addition to purpose-made motorcycle gear.

4. Increased Car Traffic

Any Atlanta accident lawyer will tell you that most motorcycle accidents do not involve lone motorcycles, instead they involve a motorcycle being struck by a car. This is because cars, being large, heavy and on the same road as motorcycles are very likely to not be able to see a motorcycle before colliding with it. Additionally, even minor accidents between cars and motorcycles generally result in horrible damage to both the motorcycle and its rider. With more cars and bikes on the road every day, it’s no wonder the accident rate is going up.

If you are a motorcycle rider, be sure to wear the proper safety equipment, especially your helmet. Get the advanced training and understanding of your bike necessary to ride safely. Most of all, ensure that you keep an eye on the cars around you, because they will have trouble seeing you.

Molly Henshaw is a law student and freelance writer living in the DC metro area. She is also a contributing author for the personal injury experts at Buddoo & Associates. Contact an attorney as soon as possible if you have been injured in an accident so that your rights are protected!

Rock Star Settles Personal Injury Compensation Claim

Earlier on this month, the rock singer and reality TV star Bret Michaels and his specialist no win no fee solicitors finalised an on-going personal injury compensation claim with the organisation responsible for putting together the Tony Awards. The personal injury incident happened several years ago in 2009 when Michaels got hit over the head buy a set of piece during the award ceremony. The personal injury is supposed to have contributed to a brain hemorrhage which almost killed the celebrity who is the lead singer of the band, Poison.

In addition to the personal injury claim being launched against the organisers of the Tony Awards, CBS Broadcasting also being cited as eligible to pay out for personal injury compensation as this is the company responsible for airing the show and the accident on the night in question. In the personal injury claim writ, Michaels stated that he suffered from psychological and emotional damages which affected him in the long term. This was a result of the footage of the incident gaining considerable popularity on content sharing website Youtube. On the video-posting website and through social sharing, the footage reached viral status and was watched by tens of millions of people all over the globe.

In the world of personal injury compensation claims, injuries sustained to the head are often considered to be the most severe. A brain injury or some kind of knock to an unprotected head can cause brain damage which can subsequently create serious (and long-term) life-debilitating effects. When the personal injury happened on the stage of the Tony Awards, Michaels sustained a bruised leg, broken nose and also bleeding around brain which saw blood seeping through his ear. The star was rushed to the nearest hospital where  medical professionals diagnosed him with having suffered a haemorrhage which had, in turn, been followed by a stroke which Michaels stated almost took his life. At this stage, the total amount of compensation claim money agreed in the settlement is not being disclosed although it’s likely to be a significant amount of personal injury damage funds. This story was originally reported over at the Huffington Post.

Jim Loxley is a Director at road traffic accident claim specialist, My Compensation

Developing Useful Conflict Resolution Skills

Day 50 Occupy Wall Street November 5 2011 Shankbone 2

The following is a guest blog post by Letha Townsend discussing effective mediation skills, including conflict resolution skills, which can be useful in a personal injury setting.

No matter how much you grow and learn, there will still be conflicts in your life. Effective conflict resolution skills will continue to benefit you throughout the years. Learn the steps necessary to work through conflicts, hone the skills, and put them to good use when the occasions arise. In cases of personal injury, conflict resolution can assist in saving time, money, and a long litigation process.

Be Aware of Your Surroundings

Most conflicts don’t actually arise out of nothing. They build and brew, sometimes for an extended period of time. They have warning signs, and paying attention to what’s going on around you will allow you to see those signs and take action before things get out of hand. Working to resolve a conflict before it erupts into fighting is always wise.

If you are involved in an accident where personal injuries are sustained, you may not have a lot of time to pay attention to everything going on around you. Tempers can flare and the situation can erupt almost immediately. Therefore, being aware of your surroundings at all times will offer the best chance in case of an accident.

Less Talking and More Listening

You may be great at talking to explain how you are feeling, but it’s also important to listen to the other party. Use active listening skills to let the other person know that you have heard them and actually understand what they are saying. Restate, paraphrase, or summarize what was discussed, so the other party will recognize that you were actually listening to their grievance.

This is especially hard when one or both parties have been injured in some way. As easy as it is to place the blame, take a few deep breaths and listen to the other party. There are times when just listening and letting the ill-tempered party vent out their frustrations can lead to a resolution.

Collect the Necessary Information

This goes along with talking less and listening more. However, to gather the information you need, you might have to actually ask questions. Clarify any points you are confused about, and ask questions so that you fully understand what the situation is. Never settle for the old “if you don’t know what the problem is, then I’m not going to tell you.”

Forget the “You” Word

When you are trying to reach a resolution with another party, it’s vital that you use “I” statements. Talk about how you are feeling and focus on things you can change. It takes the sting out of the conversation and helps prevent it from becoming more confrontational than it needs to be.

As situations can quickly become volatile, you want to avoid placing blame. Often the resolution to a problem can be found easily by accepting the situation for what it is, rather than who caused it. This will help lead to effective resolution.

Flexibility is Important

When resolving a conflict, you must be flexible. This doesn’t just mean that you need to be flexible about a possible solution, but you also need to be willing to see the mistakes you have made. Acknowledge those mistakes and that you could have done better. Most importantly, be willing to work together on a solution.

Remain Calm and on Task

The biggest mistake you can make when trying to resolve a conflict is by losing your temper. By remaining calm you can control the situation, the other party, and the outcome with a clear mind. If you feel your temper rising, take a step back and calm yourself before engaging the other party.

Everybody Wins

With successful conflict resolution, everybody wins in some way. Even a person who was completely in the wrong can feel better, simply by knowing that they have been heard and their position was considered. In most conflicts, every party will get something they were hoping for, but they won’t usually get everything. It’s the compromise and flexibility that makes so many conflict resolutions successful.

All areas of your life will benefit when you possess great conflict resolution skills. Take the time to learn them and continue practicing them throughout your life. With every conflict, you will learn something and grow a little more.

Letha Townsend blogs about effective mediation skills, including conflict resolution. For those interested in learning more, several schools offer masters degrees in conflict resolution, including Abilene Christian University and Creighton University.

US and EU Propose Unique IDs for Medical Devices

The US Food and Drug Administration (FDA) has proposed that most medical devices distributed in the United States carry a unique device identifier, or UDI.

The US Congress passed legislation in 2007 directing the FDA to develop such a UDI system, but the FDA is only now doing so.

The US Congress and Senate both just passed the “FDA Safety and Innovation Act” with near-unanimous bi-partisan support – a rare event when it comes to health care reform.  The Act requires the FDA to enact the UDI system by the end of this year.

According to the FDA, “A UDI system has the potential to improve the quality of information in medical device adverse events reports.”  The agency says a UDI system will help “identify product problems more quickly, better target recalls, and improve patient safety.”

A UDI would be a unique code identifying the device manufacturer and the type of device.  It could also identify the device’s expiration date and batch or lot number.

This information would be stored in a public UDI database.  Patients who receive such devices – and their lawyers – would be able to look them up in the database to learn more about them.

Benefits of a UDI system are expected to include:

  • More accurate reporting of problems to and by the FDA
  • Reduced errors by medical personnel
  • Enhanced analysis of medical devices
  • Better management of device recalls

The UDI system could also help prevent the use of dangerous counterfeit medical devices.  For example, in 2010 counterfeit surgical mesh products were found in theUSmedical supply chain.

The European Commission is also preparing legislative proposals to improve controls of medical devices by the end of September, including a UDI system and database similar to the FDA’s.

These moves come in the wake of the scandal involving defective breast implants made by the French company Poly Implant Prothèse, and thousands of claims about other allegedly defective medical devices, including hip implants made by Johnson & Johnson’s DePuy unit and heart defibrillator leads manufactured by Medtronic.

Implementation of the final US UDI rule will take place in phases over seven years, and it is estimated that this will cost US companies about $550 million.  The highest-risk devices are to be labeled first, and over-the-counter devices would be exempted.

The FDA is an agency within the US Department of Health and Human Services responsible for, among other things, assuring the safety, effectiveness, and security of drugs and medical devices.

About the Author: Nussin S. Fogel, Esq., has been practicing for over 25 years as a New York slip and fall lawyer. Mr. Fogel founded Fogel Law, a firm specializing in Slip and Fall Accidents, Motor Vehicle Injuries, and other areas of Personal Injury Law. He has published on various aspects of Personal Injury Law across the web.

Preparation helps when driving abroad

British drivers who are heading to the continent this summer should prepare properly, or risk joining the growing numbers who have had a road traffic accident while driving abroad.

Driving abroad is a stressful experience for many British drivers. According to research from insurer Confused.com, nearly three quarters (73%) of Britons who will drive abroad this summer have a fear of foreign roads because of confusing foreign road signs, driving habits and cross-country law changes.

But there is clear evidence that many British drivers do little to make the experience easier for themselves.

A recent AXA survey reveals that British drivers are more likely to take risks with the law when they are abroad. Just over a quarter of those surveyed (27%) were less concerned about breaking speed limits abroad than at home, while 18% took drink driving less seriously than at home.

A further seven percent said they were less likely to use seatbelts abroad and four percent said they were more likely to use a mobile while driving than they would do at home. Only 38% said that none of the above applied to them.

The survey, of 2,000 drivers planning to take their own cars abroad this summer, also reveals that less than half were going to make any effort to check on the foreign driving rules and regulations that apply before leaving home.

Only 24% will spend time learning what local road signs mean and nearly two thirds (63%) will set off without checking that they have the necessary and valid driving documentation with them (e.g. proof of vehicle ownership, international driving permit), says the car insurer.

In separate research, Aviva reveals that almost three quarters (73%) of Brits have fallen foul of the rules of the road or got into difficulty when driving on holiday.

Twenty-eight percent of people surveyed told the insurer that they had misread or misunderstood foreign road signs and 16% admitted that they had actually driven on the wrong side of the road.

With this in mind it is perhaps reassuring that the European Commission is trying to make it easier for the victims of cross-border traffic accidents to claim compensation.

At the moment each EU country has different rules and time limits for claiming compensation, which can make it confusing and difficult for victims to obtain the justice they deserve. The Commission is looking at possible solutions, which could include a new law to harmonise time limits.

“There are around one million road traffic accidents in the EU every year and some of these inevitably involve visitors from other EU countries,” said Vice-President Viviane Reding, the EU’s Justice Commissioner. “A road accident is a stressful experience for anyone, but it can get even worse if the victim is denied compensation due to complicated rules on bringing a claim. The European Commission wants to find out more so that we can offer effective solutions and make sure all victims have proper access to justice. European citizens should feel at ease when using their car to go on holiday in another EU country.”