Personal Injury Law Blogs

Fraudulent Cases and Personal Injury Claims Process

A very public case between the insurers Zurich and Mr Shaun Summers, a former employee, held last week in the Supreme Court threw up some interesting points for discussion about the nature of personal injury claims process.

Mr Summers initially filed for over £800,000 in compensation after an accident at work claim but the county court found the bulk of his claim to be exaggerated and awarded him with only £88,716. Zurich chose to appeal the case, arguing that is a part of the case was found to be fraudulent, the entire case should be struck out. The Supreme Court held that this was a possibility, but it should not be applied in Mr Summers’s case.

But should fraudulent cases be seriously considered by the courts or should a breach of personal injury claims process mean you forfeit the chance to have your view heard?

A Burden on the Courts
The rise of no-win-no-fee lawyers has placed a real brace on courts and many cases which would not have been taken seriously ten years ago are being heard regularly in courts. Occasionally these claims are fraudulent or at least grossly exaggerated and the court has wasted valuable time and resources on hearing these cases.

The fact that the Supreme Court did rule that cases could be thrown out if found fraudulent in part should act as a deterrent for speculative personal injury claims which clog up the courts, preventing genuine cases from being given the proper attention.

The Proper Outcome
The difficulty is that in the Zurich case, it’s hard not to find the final judgement just. Mr Summers clearly did have a claim and was due compensation which, at the end of the day, he received. A Supreme Court which came down hard upon over-exaggerated claims might end up distorting the proper outcome in cases where compensation was really just.

Equally, fraud is rarely a black-and-white issue: usually a court has to assess the evidence from a neutral perspective to see whether or not a case if fraudulent in the first place. To deter over-exaggerated claimants would undoubtedly put unnecessary extra scrutiny on cases where large sums were claimed just for fear that they might have been fraudulent.

As with most legal matters, the line between time-wasting and a genuine mistake is fine one. Though the Supreme Court does and should reserve the right to throw-out and, if necessary, prosecute real fraudsters, the age-old principle of the presumption of innocence should prevail. The courts should be able to assess a genuine personal injury claim without prejudice.

Clough & Willis provides a sympathetic and efficient personal injury claim service for individuals unfortunate enough to have sustained a personal injury.

Clough & Willis Solicitors is proud to be one of the few personal injury solicitors within Greater Manchester to have corporate accreditation from APIL, recognising the firm’s commitment to their stringent requirement.

Responsible for Fleeing the Scene in Orlando?

The city of Orlando is one of the top four U.S. cities with the most pedestrian hit and run accidents. Authorities have blamed urban expansion for the increase in hit and run accidents in Florida because there is little space on the roads for pedestrians and cyclists. Florida law prohibits drivers from leaving the scene of an accident for any reason. Often hit and run accidents are minor car incidents with little damage. But in many cases such as pedestrian hit and run accidents, victims are very badly hurt and often die. No matter how minor or major an accident do not flee the scene or you could be setting yourself up for major consequences.

Your Responsibilities in An Accident

According to Florida Law you have a “Duty to Give Information and Render Aid” if you are involved in an accident. This means you are required to stop and exchange information. If you are in an accident with an automobile that is unattended you are required to try and locate the owner of the car. If you are unable to locate the owner of the car leave your information where the owner can find it. If you are in an accident and another person is injured you are required to give aid to that person, call 911, and stay at the scene of the accident.

Legal Repercussions

The need to curtail the rising cases of hit and run accidents has jolted Florida authorities into enacting legal barriers. In the case of a hit and run accident where only property damage is involved the perpetrator could face a second degree misdemeanor, up to 60 days in jail, and a $500 fine.

Perpetrators of hit and run crimes that involve personal injury can face the full wrath of the law including stiff fines, imprisonment, and loss of driver’s license. This applies to instances where the drivers flee from an accident scene while a victim is injured. In this case, such perpetrators could face a third degree felony, up to 5 years in prison and a $5,000 fine. If a driver flees the accident scene and a victim dies as a result of the accident the driver could face a second degree felony, up to 15 years in prison, and a fine up to $10,000.

Apart from fines and sentencing, perpetrators of hit and run accidents must also compensate the victim or their families for any injuries. This is where personal injury claims come into play. A qualified Orlando criminal lawyer will be able to assist you in your case and help defend your charges.

Hit and run crimes can be very serious with harsh penalties attached depending on the circumstances of the accident. Persons who are accused of hit and run crimes should hire criminal defense attorneys who have experience in hit and run cases. An attorney can review your case and aid in your defense. Be sure to contact an experienced criminal lawyer Orlando based law firm immediately if you are accused of a hit and run accident. It could mean the difference between your freedom or going to prison.

Katie Hewatt is a legal researcher and contributing writer for Orlando Law Firm Katz & Phillips, who have successfully defended clients against hit and run accidents. The attorneys at Katz & Phillips will sort through each factor in your case and will devise your best plan of defense.

Car Insurance Rates Skyrocket in the UK

Car Insurance Rates Skyrocket in the UK

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Car Insurance Rates Skyrocket in the UK

Drivers in the United Kingdom will soon be in for a shock when it comes time to pay for auto insurance. The House of Commons transport committee recently released a report blaming the rise in rates on an increase in claims. Claims for whiplash injury have risen 18 percent since 2010, and the average payout has risen by nine percent. The hardest hit areas in the UK are Liverpool, Manchester, Sunderland, Wigland and Oldham. Here are five things that UK drivers should know:

1.Age Matters

While insurance rates have gone up for every driver in the UK, young drivers have been the hardest hit. Drivers aged 17 to 22 have seen a rise in premium just over six percent in just three months time. The average premium for these young drivers was £2,497; hardly cost-effective for a new, 17-year-old driver. People over the age of 60 saw a rise in their premiums of five percent. Because young drivers are considered such a risk, many companies are stopping coverage for drivers under the age of 21 altogether.

2.Different Coverage Means a Different Price

Along with higher premiums for younger drivers comes higher premiums for certain types of coverage. While the average price for comprehensive coverage is just under £900, the average price for third party, fire and theft is over £1,400. Insurance companies explain that this difference in the cost of coverage lies in the people who purchase the coverage. Younger drivers are more apt to purchase third party, fire and theft coverage, and younger drivers are in a higher risk category.

3.Gender Bias

Women in the UK tend to pay less for car insurance than their male counterparts. Beginning in December of this year, insurance companies will no longer be permitted to take gender into consideration when setting a premium price. This means that women will typically see the biggest increases in their premiums when it comes time for renewal. Not only will women be playing catch-up to men, but they will experience the rate hikes at the same time.

4.Where You Live Matters

It’s normal for insurance companies around the world to base your premium, in part, on where you live. People who live in areas with the greatest numbers of insurance claims will pay the steepest prices. In the UK, drivers who live in the northwest will pay significantly higher insurance premiums than those who live in Scotland. In England, drivers in Cambridge are among those who will pay the lowest premiums.

5.Start Shopping Now

Drivers in the UK are advised to start shopping around for insurance now. Though price hikes will be happening across the board, one insurance company may offer lower premiums than another. If a renewal of a driver’s current policy will include a six percent hike, finding a company who will only raise the driver’s rates by four percent will be beneficial in the long run.

Drivers in the UK need to brace themselves for the coming rate hikes. Almost every driver in the country will experience a rate increase when it comes time for renewal. By preparing themselves now and shopping around for a better price, UK drivers will be better able to handle the inevitable rise in premiums.

Leslie Brentwood lives and writes in London. She writes for www.carinsurance.org.uk where you can find more information on car insurance, trips, and tips for saving money when you drive.

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If you’d like further information please complete our online enquiry form here and please share this news with anyone you think may be interested.

The hidden killer: Developments in Asbestos Insurance Claims

Exposure to asbestos can be fatal, for the thousands of workers who have been affected by asbestos related illnesses, this much is clear. Up until recently, however, what was not so lucid was whether you were able to make a claim on behalf of someone who had died from an asbestos related cause. A new ruling from the Supreme Court in England has now given some clarity to this issue.

Asbestos was used widely in the construction industry in the UK between the 1950s and the 1980s. Exposure to the substance is strongly linked to several terminal illnesses, including mesothelioma, lung cancer and asbestosis. However, the effects of being exposed to asbestos can take years to become apparent. In some cases a person seems unaffected until 30 or 40 years after the initial exposure.

Sometimes, it isn’t until after a person has died that their death is linked to asbestos exposure, which has led to some confusion over whether asbestos claims could be made posthumously, with some insurance companies questioning the legality of it. However, the new ruling by the Supreme Court states that family members are able to make a claim in memory of the deceased.

The ruling states that insurance liability falls at the time when an employee was exposed to asbestos, not when the asbestos related symptoms became apparent. It brings with it clarity on both sides and an end to years of uncertainty to families affected by asbestos related deaths.

This ruling has understandably been welcomed by the families affected by asbestos related deaths, however, such was the extent of the confusion surrounding the issue, it has also been met with gratitude by the Association of British Insurers, who welcomed the clarity if brought. The Association also claimed that the legal proceedings were only necessary because of the protestations by a minority of insurers.

The significance of this ruling will be far reaching as, according to a study carried out by the Institute of Cancer Research, the UK has the highest rate of asbestos related deaths in the world. Over 2000 people die a year as a result of asbestos exposure in the UK, with the number of mesothelioma deaths three to five times higher than in the US. It has allowed the hundreds of families affected to finally start their journey towards receiving the compensation their deceased family members are owed.

If you have been affected by an asbestos related death and think that you may have a claim, then you should contact a personal injury lawyer. A personal injury lawyer has the specialist expertise to help you make the right decisions when making a claim on behalf of a dead family member, which can be a difficult and confusing time. They will help you understand better whether you have a claim and how you can further it.

Maritime Accidents Require the Best Possible Legal Assistance

Maritime law is one of those fields so branched and complex that requires years of researching to fully understand. If things weren’t already complicated for those unfamiliar with these laws, maritime law is always evolving, always trying to get one step closer to perfection, step than could save thousands of lives. Living proof is today’s laws regarding maritime accidents and those from one century ago. With today’s technological boom, sea vessels and ships have come a long way and with them the laws and regulations became more evolved and more strict trying as much as possible to offer safety and protection to those that work at sea.

Working at Sea is Dangerous

Even with the recent technological breakthroughs, accidents on ships and vessels still happen every day. These can be caused by numerous factors such as machinery malfunctions, defective equipment, ship or sea vessel is not properly maintained or technically checked before going to sea. According to the U.S Bureau of Labor Statistics, working at sea is one of the most dangerous occupations in the United States and requires clear and strict laws and regulations to protect those working on sea.

Seek Professional Assistance

If you were injured at sea, you need to seek the best possible medical and legal assistance, no matter what type of injury you have suffered. Seamen have specific rights and benefits that they may not be aware of and need the right maritime lawyer to guide them in taking the best possible decisions. Maritime law is a complex set of federal rules and statutes that govern the amount of financial compensation you and your family are entitled to and what are the actions that need to be taken against the negligent entity. Given the complexity of this particular field, your legal defender needs to have the appropriate experience and knowledge to fight against the lawyers of the company you are working for.

Don’t Accept any Out-of-Court Agreement without Consulting a Lawyer

Maritime employers often try to reach an out-of-court agreement with the injured employee so they will save time, money and their image remains clean. If your employer wants to reach such an agreement you have to reject it no matter how tempted you may be by the benefits. Any agreement between the two sides without a lawyer on your side will most likely be in the benefit of the employer and not that of the employee.

Big name employers have their own experienced lawyers that will try as much as possible to lower the company’s losses and keep its image as clean as possible. Fighting against them will be more difficult but with the right legal defender on your side, getting the maximum amount of financial compensation is possible. Your maritime lawyer will send investigators to search for clues at the accident place for a better picture of what happened and what exactly caused your injury. Your lawyer needs to know as much as possible about the accident in order to determine the best legal strategy to ensure you the best outcome in the courtroom.

Being injured is a very difficult situation to be in, not only from a financial point of view but also mentally. An experienced lawyer can be your best friend in these difficult times, trying to get you the amount of financial compensation that will allow you and your family to quickly get over this unfortunate event.

Can I Expect the Insurance Company to Settle to Avoid the Costs of Litigation?

There is no question that many lawsuits end in a settlement because both parties are discouraged by the fear of litigation costs. In 2012, however, defense costs seem to be a factor of decreasing significance in settlement negotiations. Most large car insurance companies like State Farm and Allstate have “captive” staff counsel offices in major metropolitan areas. Bizarrely, for those who note details like conflicts of interest, these defense lawyers are actually employees of the insurer. They are paid a salary and defend against car accident lawsuits brought against that carrier’s insureds. The cost savings to the insurer resulting from this approach is obvious. These lawyers (and their offices and staff) are a fixed cost, so adding one more case to defend does not make a big dent to the carrier’s costs, or its settlement analysis on any particular case. More importantly, litigation costs make no dent psychologically in the eyes of the insurance companies.

Okay, but what about smaller insurance companies or cases where the large insurance company does not use, for whatever reasons, outside counsel? Even when the insurance companies are required to hire private attorney, the cost is not what it used to be. Insurance defense lawyers are getting squeezed in this modern economy. For many accident claims, competition for insurance defense work is intense and it pushes, as you learned in Economics 101, costs down considerably. Insurance defense lawyers are now competing on price to get a significant volume of work from a particular insurer. It is not unusual for experienced defense attorneys to do this kind of work for hourly rates below $150 per hour.. or less. Often defense firms will even handle small claims for a flat rate to guarantee a steady volume of work. When a defense can be obtained so cheaply, defense costs are unlikely to significantly affect settlement. (The good news for plaintiffs’ personal injury lawyers in all of this? Insurance companies focus on costs, not quality of their lawyers. This gives smart plaintiffs’ lawyers a real edge.)

The game changes a bit for more complex cases involving death, catastrophic injury, or product liability, defense costs may be an issue. These claims often require more skilled insurance litigation counsel and have higher trial costs due to the array of costly experts required. In cases like these, defense costs still remain a factor in insurers’ settlement evaluations. But the take home message is still clear: don’t expect the insurance company to want to settle a case merely to avoid costs.

This post is written by Ron Miller who is a personal injury lawyer who handles serious injury accident, malpractice and product liability cases in Maryland.

Personal Injury Claims Tips

Top Tips When Making Personal Injury Claims

With more accidents on the road, work related accidents and slips, trips and falls being reported than ever before, the Accident Advice Helpline has revealed the 6 top tips to help victims successfully make Personal Injury Claims.

1. Write everything down

For victims of accidents, it is important to keep as much information as possible. Claimants need to get the names and addresses of everyone who was involved in the accident, including any witnesses. If the victim is incapacitated to the point that they cannot do this for themselves, then someone else needs to take control of the situation and get these details written down.

Keeping a note of all medical appointments attended, diagnoses, prescribed medication and details of all symptoms will also help in pursuing personal injury claims. It can be a good idea to start a diary or journal, noting down events of importance or the development of new symptoms when they happen.

2. Take photos where possible

It is said that a picture tells a thousand words, and never has that been truer than in the world of personal injury claims law. A few years ago, it would have been very unusual to expect the prosecution to be able to produce photographs of a vehicle collision, a poorly maintained pavement that caused a trip or other pictorial evidence to support their case. However, with so many people owning mobile phones with cameras on board these days, it is easier than ever for people to snap a picture of the situation as it happens. Victims with photographic evidence will find the defence has far less room for manoeuvre and therefore their claim can be processed much more quickly and smoothly than it would without the images.

3. Keep everything in a folder or file

If there is one thing that the Accident Advice Helpline has learned through its years of involvement in the personal injury claims industry, it is that these processes are easier if you stay organised. With this in mind, its’ a good idea to start a file or folder for your personal injury claim as early on as possible. Even if the victim doesn’t file things in any sort of order, just having all the necessary paperwork in one place will inevitably take the stress out of making a claim.

4. Prove it

Often being injured in an accident has much further reaching consequences than one might think. As well as the immediate implications of not being able to work or to drive, for instance, there are also longer term implications relating to the care of the victim, their home and their family. Many people who are injured to the extent that it takes a few weeks, or even months, before they are back on their feet find that they need to enlist the help of family, friends and professionals to help them keep on top of everyday jobs, childcare or home maintenance tasks.

However, it is not enough to simply state as part of personal injury claims that the victim has done this or that; it is better if you can prove it. Claimants can help with this process by keeping receipts, invoices, bank statements or anything they think will help to calculate the total costs involved in their case. Expenses relating to medicines, food and drinks bought whilst in hospital and petrol used by relatives taking the claimant to medical appointments can all be claimed for too, so the best course of action is to keep everything written down and as many receipts as possible to get back everything you are entitled to.

5. Get Expert Advice

Accident Advice Helpline offer free expert advice so you can discuss your case in detail with no obligation and find out about the process of claiming. They can also ensure that you will end up with a 100% No Win Fee Solicitor from their long established and vetted panel of specialists.

Quite often the best solicitors in the business are not the ones that shout the loudest, so avoid the ones who approach victims in hospitals or have overbearing television adverts. Claimants should take some time to check the services available and to ask about solicitors experience with personal injury claims cases to make sure they get the right person on board with their case.

6. Settle early where possible

When a solicitor has had a chance to contact the defendant and they have admitted liability, they will usually be able to give an indication of roughly how much they think the claim is worth. At this point, they will often ask the claimant what level of compensation they would be willing to accept and in the majority of cases an offer will be made to settle the case out of court for this amount. This means the claimant will get paid faster and that a good deal of stress will be taken out of the process, leaving the victim of the accident in peace to concentrate on their recovery.

For claimants who have suffered injuries through accidents that were not their fault, making personal injury claims with the right company should be a fairly straightforward process. By following the advice offered here by the Accident Advice Helpline, their experts say claims will be processed faster and compensation amounts will generally be higher.

5 things to keep in mind if you have an accident at work

When you have an accident at work, there are likely a million things going through your mind, the least of which should be how you will continue to make money to support yourself. If you have experienced an incident on the job that has led to you inability to work, you may wish to file a work accident claim. Here are several other things to keep in mind.

1. Let your employer know about the accident immediately. All employers are obligated to report accidents at work, especially those that affect your health or physical well-being. This will help, even if you feel that the accident was not serious enough to warrant time off in your case because you may suffer from a related physical condition later on that was initiated by the accident.

2. Learn about your employer’s policy for sick pay. Ideally, this is something that you will do immediately after you are employed so that you can be prepared in case of an at-work injury. In most cases, the employer is only required to give you statutory sick pay. However, some companies also have an additional pay structure for sick time depending on your contract and how long you have been employed at the company.

3. Follow up with the employer to see if safety hazards have been eliminated. When or if you return to work, you should have a discussion with your employer to see if the conditions that led to your accident have been fixed.

4. Make a work accident compensation claim. If you feel that the accident occurred because of negligence on the part of your employer (that is, a failure to provide safe working conditions), you may also wish to file an accident claim to get compensation. In this case, you will likely need to hire a lawyer. The purpose of an accident claim should be to put you in a similar financial position to your earnings before the accident.

5. Take extra precautions in the future. In addition to expecting safe work conditions, this is also a good time to evaluate how you can prevent more accidents from occurring through vigilance and safety precautions.

Seriously Injured in a Car Accident? Follow These Steps

No one plans or wants to be involved in a car accident. However, more than three million people are injured in car crashes every year. In other words, it could easily happen to you. The sad fact of the matter is that the majority of auto accidents are completely avoidable. Even if you’re a very conscientious driver, you can’t control what other people do on the road. As a result, it’s important to know what to do in the wake of an accident. Protecting your rights is vital. From collecting the other driver’s information to exploring the option of getting a lawsuit cash advance, there’s a lot to keep in mind. A breakdown of the most important steps is provided below.

What to Do in the Aftermath of a Car Accident

Exchange Information – After the dust has settled, exchange contact information with the other driver. Make sure to also get their driver’s license, insurance and vehicle registration information. You can jot everything down on a piece of paper, or you can take photos of these documents with your phone. If there were passengers in the other driver’s car, get their contact information as well. The same thing goes for anyone who witnessed the accident.

Take Plenty of Pictures – As long as you have a smartphone or a cell phone with a camera, you should be able to take photos right away. In fact, it is in your best interests to do so. The accident scene can change quickly. Take photos of the vehicles that were involved; zero in on any damage that occurred. Snap shots of evidence like skid marks and broken glass on the road. Take pictures of traffic control devices, rights of way, lanes and other parts of the scene. These photos could prove to be invaluable later.

File a Police Report – While you’re still at the scene, call the police. When they come out, make sure that a report is being filed. Get a copy of it as quickly as possible.

Consult a Lawyer – It’s not unusual for various expenses to arise in the wake of an accident. From missing work and pay to owing medical bills, you may be able to file a lawsuit to recoup your losses. Keep receipts for all of the expenses that you incur due to the accident. You may be able to be reimbursed for those expenses later.

Finally, lawsuits can take a while to unfold. In the meantime, you might want to get a lawsuit cash advance. It will help you through the financial stress of dealing with an auto accident, and the process is quick and easy.

Jill Burbank is a blogger who writes for several online publications. Follow Jill @JillBurbank2.