Personal Injury Law Blogs

7 things you shouldn’t do if you are making a personal injury claim

When you are involved in an accident you might not always be thinking straight. Probably the last thing on your mind is what to do to ensure you are able to make a worthwhile personal injury claims, but it is important to remember you could reduce the value of your claim or jeopardise the chances of success if you do, or fail to do, certain things. Bear in mind that the defence will be looking for ways to reduce the amount they have to pay, or may be trying to wriggle out of liability entirely, so avoid making mistakes that could be costly later on.

The things to avoid if you are making a personal injury claim

1. Fail to seek medical attention

You need to see a doctor as soon as possible and get treatment for your injuries. Delaying treatment or seeking medical advice will only go against you when you make your personal injury claim.

2.  Fail to report the accident to the police

Getting a police report of the accident is one of the best ways to secure an independent witness to the incident. Even if you think it is a minor accident, call the police and let them decide whether to attend or not, that way you will at least have a crime reference number that verifies the time, date and location of the accident.

3. Fail to record important pieces of information

As a bare minimum you need to record the names and contact details of anyone involved in the accident, as well as any witnesses. If you can you should take photographs and written records of everything that happened, as it will all be useful for your personal injury claim.

4. Admit any liability or claim that you are ‘fine’ following the accident

Try to keep idle chat to a minimum generally and make it clear that you are hurt and will be seeking medical attention for your injuries. If you were in a car accident, do not move the vehicle until the police get there and never tell the other driver that it was your fault.

5. Fail to seek legal advice for your personal injury claim in good time

Getting a good solicitor on board through a company like the Accident Advice Helpline is critical to ensuring your case for a personal injury claim is watertight.

6. Exaggerate or misrepresent at any stage of the process

If your injuries are severe, then by all means record the pain you are in and how it is affecting your personal life. However, if your injuries heal earlier than expected or are not as severe as first thought, making them seem worse than they are is against the law and could result in a serious punishment.

7. Fail to keep records of expenses

If you are spending money on taxis, help around the house or prescriptions, all this can be claimed back as part of your personal injury claim. However, in order to do this you need to prove what you have spent and when, so all receipts and bills need to be kept safe from the moment you have your accident.

Get more information about Personal Injury Claim Company and Personal Injury Claim Value

Personal Injury Accident Overview for Injured Victims

Personal injuries are injuries suffered by a victim through no fault of his or her own.  Personal injuries are caused by someone else’s negligence, carelessness, lack of planning or thought, or simple disregard of the law.  Personal injuries fall under the category of law known as tort law; torts are actions that injure others.  When someone’s actions cause another person injury, whether that person intended to hurt anyone or not, a tort has been committed.

Personal injury attorneys represent the victims of personal injury accidents and help them to recover damages.  “Damages” is a collective term for any remedies available under the law to compensate a victim for a tort against him or her.  It usually means money, but could also be some action that the at-fault party, or defendant, has to perform, such as repairing a vehicle or taking a biting dog to training classes.

Personal injuries cause terrible damage to the victim as well as his or her family and friends.  This damage is most visible in the physical injuries suffered by the victim, but these are not the only types of injuries involved in a personal injury case.  The victim’s family suffers from the victim’s pain and suffering, loss of income, and loss of ability to participate in family life.  The victim may suffer from terrible mental anguish due to these problems, as well.  Things that were once easy are now difficult or impossible; this can lead to depression and other very real mental issues that accompany many personal injuries.

(more…) “Personal Injury Accident Overview for Injured Victims”

Has An Insurance Company Offered To Settle Your Whiplash Claim?

If you have suffered whiplash in an accident, the insurance company of the driver at fault may contact you offering a quick settlement of your claim. We can understand why this may be tempting to accept: you have just been involved in a traumatic accident, you are coming to terms with your injuries and you would like to put the whole matter behind you. However, we strongly advise that you do not agree to any offers of settlement without seeking independent advice from a legal expert.

Should you accept an offer made by an insurance company?

We regularly hear from whiplash victims who have been offered a quick settlement by the third party insurers. Ordinarily their first question is: should I accept the offer? Time and time again our legal advisors will say no, do not accept the offer. Understandably, the next question that follows is: why not?

Put simply, it is because the third party insurers want you to accept their offer because it is convenient for them. Not only will it save them time defending a claim, it will also save them a considerable amount of money. Indeed, they will offer you a settlement that is much lower than the amount to which you are legally entitled. Remember, you deserve financial redress for your pain, suffering, loss of amenity and loss of expenses. This can add up to a considerable amount of money and an insurance company will do their best to avoid paying it.

What should you do instead?

Therefore, if you are offered a settlement by an insurance company, you should not agree to anything until you have spoken to an independent legal expert. The likelihood is that a solicitor specialising in whiplash claims will advise you to reject the offer and instead begin a claim against the driver at fault. Taking legal action with the help of a solicitor will ensure that you are awarded an appropriate sum of compensation that duly reflects your injuries. The amount obtained by your solicitor on your behalf will be much higher than any direct offers made by a third party insurer.

Contact 1stClaims today

To claim the compensation to which you are rightfully entitled, you need to speak to a legal expert as soon as possible. At 1stClaims we have a team of dedicated solicitors who are ready to help you obtain financial redress for your whiplash injury. In the majority of cases claims must be made within three years of the event, so please do not hesitate when contacting us.

Safe Driving Tips

The following is a guest blog post from a US blogger outlining safe driving tips.

Automobile accidents are a leading cause of death in this country. If you have never been in a car accident before, you may be scared and unsure of what to do.

Read the following safe driving techniques to try to avoid an accident happening to you:

  • Turn off your cell phone. Many states have laws that ban the use of cell phones while driving. It is proven that talking and texting behind the wheel delays your reaction time. Put your cell phone away. If it is too tempting, turn it on silent or even turn it off during drives.
  • Avoid distractions. Eating, applying makeup, interacting with passengers, and using other portable devices provide a distraction while driving. Focus on driving and avoid other temptations.
  • Don’t drive while drowsy. Driving drowsy is just as dangerous as driving drunk. Know your limits. Pull over and take a quick 20-30 minute nap or have a friend take over the wheel. That’s what rest stations are for. If you have been drinking, assign a designated driver or find a place to stay the night.
  • Wear your seat belt. Wearing your seatbelt can save you from being thrown around inside a crashing vehicle, or thrown through the windshield and out of the car.
  • Call the police if you’re in an accident. You may be under the impression that the police should be called only if it is a major accident. Call the police no matter how minor the accident is, especially if repairs are needed. Repairs may look better than they are.

Car accidents are almost always unexpected. So if it happens to you, don’t blame yourself. Even the best drivers get into accidents sometimes. Know what to do when this kind of situation arises, and stay calm.

If you need legal assistance with a car accident or personal injury, contact the lawyers of Naftulin-Shick Accident Law today at 888-898-8803.

The Importance Of Personal Injury Lawyers in Anchorage

If you have been injured due to the recklessness of others, it is best you consult an Anchorage personal injury lawyer. A legal expert can assist you in claiming compensation from another party or the company you are working for. Usually these claims comprise of medical negligence, car accidents, office injuries caused due to slips or falls, malfunctioning machines, physical violence, and defective consumer products. You can claim compensation for other matters as well, such as salary losses, job loss attributable to the injury, and the like.

Not all lawyers in Anchorage are qualified to file a personal injury claim. Hence, it is important to find a skilled expert. One of the reasons for this is that insurance companies appoint attorneys who are well-versed with the subject of personal injury laws; therefore, it becomes essential for the injured victims to have a lawyer who is just as informed. Expert lawyers that focus on a specific injury can use their knowledge to handle the claim.

Apart from this, lawyers also have links with several medical specialists who can assist in making the case stronger. Filing a lawsuit is a tedious process and you must have qualified attorneys and medical experts by your side to make sure things go in your favor. A spinal cord or brain injury can normally cause major issues like paralysis and loss of consciousness where the person cannot work and requires constant medical attention. At such point the legal expert filing the case has to be capable of illuminating the reason behind such a mishap.

There are lawyers for all types of disasters like workplace mishaps, car mishaps, slips or falls and accidents due to faulty products. However, when hiring an Anchorage personal injury lawyer it’s important to notice a few things such as, what kind of lawsuit the expert specializes in, whether the lawyer has worked on cases similar to yours and if yes, what exactly was the outcome. One of the law firms in Anchorage that deal with personal injury cases is Pentlarge Law Group. The office represents clients who have been injured due to automobile accidents, drunk driving, premises liability, accidents due to machinery, and the like. For a quick consultation, visit http://www.pentlargelaw.com/ or call (907) 276-1919.

Hearing Loss in the workplace

There are many illnesses and injuries that occur in the workplace but most have a very evident effect. Industrial Deafness can be caused over long periods of time with the damage and symptoms not being obvious. As hearing loss occurs naturally with age, most people just put it down to this. The deafness that occurs with age affects a different part of your hearing than noise induced hearing loss that is caused from the loud environment at work. Because of this the hearing loss can be identified as being caused by your noisy job.

The damage done to your hearing at work is irreversible so can have a big impact on your life. Industrial Hearing Loss is caused by exposure to noises over 80 decibels for extended periods of time. This isn’t hard to achieve when you consider that a food blender from 2ft is 80dBA. Occupations such as construction, pubs & clubs, printing and manufacturing all have high noise levels and if your not protected you could damage your health.

Your employer by law has to protect your hearing and should provide sufficient hearing protection if you work in a noisy environment. If they don’t you could be eligible for a hearing loss claim for compensation. Hearing protection zones should be identified and within these areas protection must be compulsory. The protection should aim to reduce the noise to below the dangerous level of 85 dB.

Noise induced hearing loss contributes to a third of all hearing loss cases and is caused in two ways. The most common is being exposed to loud noises over a long period of time which would most likely to be through work but also could be from listening to very loud music. The other cause is from a extremely deafening sudden noise such as an explosion. NIHL can be identified as it affects the hearing sensitivity in the higher frequencies. The effects of this form of hearing loss you will experience difficulty hearing the telephone ring, doorbell or television. High frequency hearing loss usually inhibits our ability to hear certain sounds in conversation such as t, d & s.

If you are unsure if the noise level in your job is loud enough to cause you hearing loss, here are a few questions to ask your self.

  • Do you have to raise your voice when standing 2 meters away from a work colleague to be heard?
  • Is the noise apparent for the majority of the day?
  • Do you use or are you near power tools or machinery for more than 30 minutes each day?
  • Is your hearing muffled after work? It may even be back to normal in the morning

If you answer yes to any of these questions you are at risk of developing work related hearing loss and should be provided with hearing protection. If you aren’t and your hearing is affected you are due hearing loss compensation. The first course of action should be to discuss this with your manager or employer as your hearing is delicate and you want to stop any further damage your job may be doing. If you wish to then pursue your hearing loss claim you should contact a lawyer or hearing loss expert.

Ten Ways To Avoid A Whiplash Injury

Whiplash injuries are common and although it is easy to claim the compensation you deserve following such an injury, it is always best to do what you can to avoid this injury in the first place. Whiplash can be very painful and can last for years, or even never leave completely. So what can you do to minimise the risk?

Features Within Your Car

Modern cars have brilliant safety features compared to their historical counterparts. Make use of the features which come with your car.

  1. Adjust the headrest: Many drivers do not adjust their headrest accurately. If you share your car with other drivers you must ensure that your headrest is adjusted to your requirements each time you use the car. The headrest must be located as closely to the back of your head as possible and the top of the headrest must be in line with the top of your head.  About an inch of distance at most should be between your head and the headrest. This will prevent your head being flung backwards very far in the event of a collision, giving your delicate head and neck support.
  2. Adjust the seat: Your seat must be adjusted to support your body, placed in a fairly upright position not in a relaxed position as many drivers place it. You should get used to this positioning of the seat with time.
  3. When buying new car choose one with integrated safety features: many new cars have specially adapted seats with brackets in the seat which cause the seats to have the ability to move slightly in the event of a collision ensuring support is kept throughout the movement.
  4. Wear your seatbelt: it’s a legal requirement and it is sensible. Not only will it reduce your likelihood of injury, it reduces the injury you would cause to your passengers should you not be wearing a belt.

Adjusting Your Driving

  1. Check your mirrors: this will keep you aware of the position of your fellow road users.
  2. Ensure your break lights are working: your break lights are so important. They show other drivers when you are slowing or stopped. Therefore check your lights regularly.
  3. Use your hazards: if you have to stop suddenly make sure you turn your hazards on as it will make other drivers aware you are slowing rapidly and will reduce the risk of a rear end shunt.
  4. Use the handbreak: at traffic lights use the handbreak as this will mean should you be impacted from behind your car will not move as far forward as it would if you merely had your foot on the break.
  5. Use break lights when stationary: merely using your handbreak does not warn other drivers that you are stationary, your break lights are your signal to other road users.
  6. Keep your distance

If you have been unlucky and have sustained a whiplash injury , you could be entitled to make a whiplash compensation claim. Contact your solicitor  today for more advice.

How Obesity is Affecting U.S. Workers’ Compensation Claims

Obesity in America is not just affecting the overweight, but it has affected employers as well. Workers’ compensation claims among the obese are on the rise and payouts are often three times as high as those for people of an average weight. The obesity epidemic in the United States is not only a personal issue, but one that businesses are being forced to face at a growing rate. Here are five ways that obesity affects workers’ compensation:

1.Prolonged Cases

Compared to cases filed by people of an average weight, those filed by the obese lasted significantly longer. According to the Montgomery law firm of MM&L, while an injured worker may take several weeks to heal and return to work, it can take an obese worker with the same injury several months to heal and return to work. Obesity often complicates both treatment and healing time, prolonging workers’ compensation claims.

2.Atypical Treatments

For a person of normal weight, light physical therapy may be all that is required for a sprained ankle. For an obese person, physical therapy may not be enough. Often, doctors recommend that the obese undergo gastric bypass surgery or, at best, enter a weight loss program. Once a physician recommends this type of medical treatment in relation to an injury, it’s not unusual for an employer to be on the hook for the costs.

3.Higher Claims

Higher claims go hand-in-hand with atypical treatments. For instance, in the case of a knee injury, a person who is obese may require a knee replacement to correct the problem. On the other hand, a person of average weight may only require rest to recuperate. Compare the costs of a total knee replacement with the cost of an ice pack and a few days off of work, and you can easily see how obesity can lead to higher claims.

4.Missed Work

Not only are the obese more likely to require extensive treatment than their average-sized co-workers, but they are more likely to miss up to 13 times the amount of work after an injury that a person of normal weight would miss. When this is the case, not only are employers losing money by paying for a claim, but they are seeing a reduction in productivity with the extended absence of an employee.

5.Permanent Disability

People who are obese or morbidly obese are more likely to be permanently disabled by an injury sustained at work than those people who maintain a healthy weight. A Philadelphia injury lawyer may be better able to explain the options when filing for permanent disability. Employers aren’t the only people affected when a worker is placed on permanent disability; the public is affected as well. When a worker is placed on disability, the public taxpayers are then made responsible for maintaining that person’s lifestyle. Being placed on permanent disability ensures a monthly stipend that is essentially provided by every tax payer in America.

Because of the tremendous cost of obesity, many employers are looking for ways to protect themselves. A Philadelphia injury attorney can tell you that it is illegal to discriminate against a person because of their size. Employers may find it in their best interest to offer free weight loss programs, gym memberships or nutritionists to their employees. If something is not done about this growing epidemic in America, it’s not only the overweight who will suffer.

Molly Henshaw is a freelance writer and law student in the DC metro area. She also contributes as a writer for the attorneys of www.injurylawyermontgomerypa.com. It is important to consult a professional when you are questioning whether your injury is work related!

NHS Medical Negligence Claim Bill Explodes

Recent accounts published by the NHS Litigation Authority (NHS LA) have revealed that the health service has spent £1.2 billion on its medical negligence claim bill in the past year. The figure represents a significant surge in the amount compensation received by NHS patients and their families who initiated medical negligence claims for the same time period last year which saw the NHS paying out £863 million. Only a tiny proportion of this figure was for compensation claims of a non-clinical nature. Around £52.4 million was paid out to people for personal injuries such as falling and hurting themselves on wet floors when no warning sign was present. These claims could have made by staff and visitors in addition to patients.

The NHS LA was initially founded to allow for a separate body to handle medical negligence claim cases launched by patients who suffered as a result of mistakes made by NHS staff during medical treatment or procedures. The total number of claims which were made for the period of 2010 to 2011 was just over 13,000. This year a rise has been seen in the total number of claims launched, but the increase is a lot smaller than the £1.2 billion in medical negligence claim bill might suggest, with 13,760 claims being made. This indicates that considerably larger medical negligence claims were paid out this year over the previous year. In 2009 to 2010, a total of 10,720 medical negligence claims were made.

Tom Fothergill, director of finance for the NHS LA spoke out in the group’s defense stating that his department had been able to close more medical negligence compensation claims than ever before in spite of the increase over the past two years. The Medical Defense Union has spoken out on the subject too with Christine Tomkins, the current Chief Executive, voicing concerns over the unsustainability of the current situation. She said that the “NHS damages pay-outs’ have increased substantially in the last year and in our experience of settling cases on behalf of our GP and independent practitioner members, we have even seen compensation awards exceeding £5 million.” Tomkins went on to say that “We have also seen claims in general practice rise significantly in number for each of the last two years”

The pending reform for compensation law surrounding medical negligence claims is expected to be added to the government’s list of points to rectify in order to tackle the increasingly long list of factors contributing to the compensation culture we appear to have in the UK. Many experts, however, point out that if wrong has been done to the patients by the NHS medical experts, then compensation is owed.

Ken Clarke’s savage cuts penalise innocent victims of crime including our emergency services

Guest personal injury law blog post by Angela Fitzpatrick  Head of personal injury Claim Today Solicitors.

 Six months ago the Ministry of Justice (MOJ) announced a review of the scheme that compensates people who suffer as a result of a crime.  The MOJ presented it in a trivial way through the tabloid press.  They highlighted sprained ankles as a typical example of the kind of injury that would no longer attract any financial recompense.  The Justice Secretary Ken Clarke said dismissively that, “sprained ankles, broken toes or bruised ribs from which people tend to recover fairly quickly will no longer be covered at all”. As so often before the government succeeded in demonising the victims of the cuts.

The current Criminal injuries compensation scheme system is tariff based which means that victims can only receive a certain amount depending on the severity of the injury. That tariff already does not reflect the true value of the effects of these injuries.

The MOJ finally released the results of their review at the beginning of July, this time they did so quietly without any press fanfare. There is a good reason for their circumspection because the changes are insidious.

All claims below a value of £2,500 will no longer be eligible for compensation. This means victims who have suffered injuries such as, permanent facial scaring ,partial loss of a finger as a result of an assault will in future have to make do with an apology and support from  already under resourced crime support units.

Worse still are the plans to reduce the level of compensation available for all claims below the value of £11,000. This would include anyone who suffers serious facial disfigurement, loss of taste/smell fractured hip, a fractured skull to name only a few.

Apart from being morally repugnant reducing compensation for innocent victims of crime there is a practical consideration too. Reducing compensation for injured victims increases their suffering by reducing their ability to take time of work to recover sufficiently from their ordeal. It is something Ken Clarke skilfully avoided talking about when he originally announced the plans in January.

These cuts will also impinge on those who are there to protect the public. Police officers who place themselves at risk of injury every day they go on duty will be subject to the same limits on compensation. Good Samaritans who try to capture or assist police officers capture offenders will be penalised. At a time when police officer numbers are subject to savage cuts and crime figures are not falling, the innocent will be hit with a perfect storm of less security and less support when things go wrong. Last year’s riots were a stark reminder of the link between crimes against property and the person and a rise in unemployment.

Having represented innocent victims of crimes of violence for over 20 years I know that regardless of the level of injury being a victim of a crime can be a truly harrowing experience. It is only right that those affected are allowed to bring a valid claim for redress. Cutting the compensation is cutting access to justice. Support should be in addition not instead of compensation. Who really are the losers of these changes? They are the innocent victims of crime including the brave members of our emergency services all of whom need and deserve better. An urgent rethink is needed.

Guest post by Angela Fitzpatrick   Head of personal injury Claim Today Solicitors.