Personal Injury Law Blogs

3 Steps To Making A Successful Personal Injury Claim

When you’ve been involved in an accident that wasn’t your fault, you want to make sure that your case runs as smoothly as possible. There are several ways in which you can help your solicitor to build a solid case – making the claim less stressful and more likely to succeed.

Research

Before you approach a solicitor, it is a good idea to do some research online as to whether you actually have a claim. Otherwise you risk wasting both your and your solicitor’s time. Websites such as DirectGov have a plethora of information about personal injury claims including when you might be able to make a claim, how long you have and what you will need.

By having a good idea of the process before you start, it will make it much less daunting. If you know other people who have been through the personal injury process, ask them how they found it.

Evidence & Details

Think about what evidence you have against the defendant. If it was a car accident, are there pictures of the damage done to the car? Do you have copies of your doctor’s reports? You may also need to show receipts for any costs incurred as a direct result of the injury such a travel expenses.

Many solicitors offer a free initial meeting for new clients, so make the most of this meeting by asking exactly what they need from you.

No Win No Fee

A no win no fee arrangement can be very beneficial for all parties. If a solicitor agrees to take on your case under a no win no fee agreement, it shows that they have faith that the case will succeed, otherwise they could end up spending a long time on an unsuccessful case – resulting in them getting less money that they would have earned otherwise. The laws have recently changed regarding no win no fee to make it easier for the plaintiff to keep more of the money after the case. Speak to your solicitor about which form of payment is correct for you.

About the Author:

Gordon Dean is the owner of Gordon Dean Solicitors in Norfolk.

British road deaths rise by 3%

I was disappointed to hear that the number of people killed or seriously injured on British roads rose by 3% in 2011. It is the first rise since 2003.

More worrying still is the fact that the numbers of pedestrians killed and cyclists seriously injured have also risen – by 12% and 16% respectively.

The figures, published by the Department for Transport, reveal:

  • There was a 3% rise in the number of people killed on British roads – up from 1,850 in 2010 to 1,901 in 2011.
  • The number of people reported killed or seriously injured has also increased – up by 2% to 25,023. This is the first annual increase since 1994.
  • The total number of casualties (slight injuries, serious injuries and fatalities) continued to fall – dropping 2% from 208,648 in 2010 to 203,950 in 2011.
  • Total reported child casualties (ages 0 – 15) also fell – dropping 0.5% to 19,474.
  • The number of pedestrians killed on the roads in 2011 increased by 12%, rising from 405 in 2010 to 453 in 2011.
  • Serious injuries for cyclists rose 16%, from 2,660 in 2010 to 3,085 in 2011, while the number of fatalities dropped by 4%, from 111 deaths in 2010 to 107 in 2011.

Road safety campaigners described the figures as a wake-up call.

“This is the first time that deaths have risen since 2003 and serious injuries since 1994,” said Robert Gifford, Executive Director of PACTS (the Parliamentary Advisory Council for Transport Safety). “They also occur at a time of no change in terms of the amount of traffic. For deaths to begin to rise at a time of recession should be a matter of concern to the government.”

He called on the Government to enter a genuine dialogue with the profession about a vision for road safety for the next decade.

According to road safety charity Brake, the Government should reinstate national casualty reduction targets, which were abandoned last year, and take action on priority areas to bring road casualties down.

“We need to see greater ambition on bringing casualties down and making our communities safer places,” warned Julie Townsend, Brake deputy chief executive. “We need decisive policies on young driver safety and drink driving, and we need investment in measures to protect people on foot and bicycle – which can bring about health, environmental and economic benefits, as well as tackling needless suffering.”

Will the Legionnaires’ outbreak in Edinburgh lead to a surge in claims?

A deadly disease has been spreading across the Scottish capital over the past month leading to serious questions regarding the city’s water management and safety to the general public as health officials state the outbreak has reached its peak.

The outbreak of Legionnaires’ across Edinburgh has already taken the lives of two men, both from the city, however this number could easily rise with 48 confirmed cases and 47 suspected cases within the South West of the city.

What is Legionnaires’?

Legionnaires’ disease is a form of pneumonia which can often be fatal if left untreated. It can affect anyone, however those who suffer from long term illness, regularly smoke or are young or old are more susceptible.

The causes of the disease is from a bacterium that can be found in water sources including rivers, reservoirs and purpose built water systems where it can multiply, however the disease is usually contracted abroad due to dirty water and is rarely found in the UK.

When the bacterium is dispersed into the air it can contaminate the entire area surrounding the source which in turn can affect the local population.

So will this lead to a surge in compensation claims?

The source of the outbreak is yet to be established after weeks of testing, however it is believe the disease originated from a cooling tower in the south of the capital. If this confirmed then I certainly predict a surge in personal injury claims will follow.

Any member of the public who has contracted Legionnaires’ disease has the right to take legal action against an offending company due to the potentially fatal nature of the disease.

The fact that the bacteria has spread due to human negligence across Edinburgh, resulting in illness for so many in such a short amount of time, entitles victims to make a case against the company who is at fault.

Three major organisations across the city have already been handed an improvement notice by health officials as part of the investigation into the source of the outbreak including the North British Distillery, Macfarlan Smith and The National Museum.

What is being done to contain the outbreak?

  • Once the outbreak had been confirmed by Health and Safety Executives and the City Council, an incident team swung into action to find out the source of the disease.
  • Environmental health officers have asked all companies who use a water system on a regular basis to oversee specialist contractors ensuring they undertake refresher training and regularly check the supply.
  • Companies linked to the outbreak have been given an improvement notice to ensure their water supply is regularly checked and maintained.

While the Health a Safety Executive and Edinburgh Council are counting investigations into the possible source, the outbreak has undoubtedly raised serious questions.

About the author: As Managing Director of Precision Claims Simon Thompson has vast experience of dealing with claims for illness and injury. They have a personal injury team that deals with a range of different cases. Visit their personal injury claims page here.

Are Injury Consultations Worth Your Time?

Personal injury victims come from all walks of life, all income levels, all ethnic and racial backgrounds, and all religious persuasions.  There is no one defining characteristic of the group of people that make up personal injury victims except one fact:  they have all been injured by someone else’s negligence or carelessness.

A personal injury is one in which another person or entity caused or maintained a dangerous situation that led to injury to another individual.  What this means is that someone else is responsible for your injuries, and it is only right that this person should pay for your damages, including medical bills, pain and suffering, and living expenses while you recover.

However, most personal injury victims are not handed this type of settlement.  Many of them never receive anything at all, while others get only a fraction of the value of their cases.  Those who consult personal injury attorneys have the highest chance of getting the full amount of damages they are owed.

Mission Viejo injury consultations with personal injury lawyers are a good way to start the process of recovering damages for your injuries.  No matter what type of injury you have sustained, you will find that Mission Viejo personal injury lawyers have a plan to get you the money you need to pay your medical bills and living expenses, as well as recover money for your mental trauma, including pain and suffering.

(more…) “Are Injury Consultations Worth Your Time?”

How You Can Benefit From A Los Angeles Personal Injury Attorney

Being injured in an accident can have long term negative repercussions in a person’s life. Under Los Angeles personal injury laws, many victims are able to recuperate the medical expenses and other losses they suffer due to personal injuries caused by accidents at work, on the road, medical malpractice, etc. Victims suffering from personal injuries can learn more about how the laws can work on their behalf by consulting a personal injury attorney.

Why Hire a Los Angeles Personal Injury Attorney

Most people have little knowledge of personal injury laws or how to file a personal injury case. As a result, they miss out on possibilities of recuperating losses from their injury. When it comes to personal injury claims, not all situations are the same. Extenuating circumstances can have a direct effect on a victim’s case which may work for or against an individual in a court of law.

This is where having the assistance of a personal injury attorney can benefit personal injury victims. Professional attorneys not only know the laws concerning Los Angeles personal injury claims, but they are well versed in how to file and handle personal injury cases. Their input can make the difference between success or failure in your receiving the compensation you seek. There are dozens of personal injury lawyers in the Los Angeles area with experience in this field. By carefully researching your options, you should have no trouble choosing an experienced lawyer who can help provide the help you need.

The Responsibilities of a Personal Injury Attorney

Choosing a competent personal injury attorney can be a challenge, especially if you are not familiar with anyone in this field. One of the best ways of finding a competent attorney is to seek referrals from colleagues or friends in finding the attorney you need. Once you have chosen an attorney, you should become familiar with his or her responsibilities toward your case to ensure you are receiving the services you need. By working closely with your attorney throughout your case, you have a better chance of succeeding.

The following are some of the major responsibilities of a professional personal injury attorney:

•compiling and filing all legal documents concerning your case
•representing your case in court, if need be
•providing you with professional legal advice throughout your proceedings
•researching all details concerning your case, to include talking to all individuals involved and building a solid case on your behalf

The ultimate purpose of hiring a Los Angeles injury lawyer is to obtain compensation for personal injury losses. Your attorney should be fully prepared to take your case to trial, if need be, to obtain the results you desire. Many personal injury cases, however, never make it to trial as they are settled ahead of time out of court. Obtaining a fair and just settlement is yet another responsibility that lies in the hands of your attorney. In the event of settlement out of court, your attorney should ensure your interests are well protected in whatever agreements are made. In summary, a qualified attorney can be of tremendous benefit in a personal injury case to ensure you get the compensation you seek.

School Caretaker Wins £25,000 Accident Compensation Claim

A school caretaker who was employed by an educational establishment in Nottingham has won £25,000 in an accident compensation claim. The man, who was 64 years of age at the time of the accident, was forced into early medical retirement following serious damage sustained to tendons in his neck and left shoulder. The accident compensation claim was made for the incident which occurred in 2008 whilst he was attempting to loosen a bolt which was holding a window closed at the primary school which employed him.

However, someone had previously painted over the bolt which snapped subsequent to the caretaker’s attempt to loosen it by applying pressure with a spanner. The man fell from stepladder, crashing onto the corner of a desk and hitting his head, and neck and shoulder. Extensive physiotherapy was required but the process was unable to rehabilitate him sufficiently to return to his job.

Public service trade union, UNISON instructed a no win no fee accident compensation claim specialist to pursue for damages. The investigation revealed that no system was in place at the primary school to execute inspections on repair assessments to the school. Such a system would have uncovered the fact that the window bolt had been painted over, thus avoiding the injury and need for an accident compensation claim in the first instance. Helen Black, who is the regional secretary for the East Midland branch of UNISON stated that the “school [had] lost a loyal member of staff who was badly injured because an inspection programme had not been implemented” Black went on to say that the “government has redefined schools as ‘low-risk workplaces’, which sends completely the wrong message to those responsible for the health and safety of pupils and staff.”

The court overseeing the accident compensation claim found the case to be easily in the favour of the caretaker. The specialist solicitor argued the case that the simple health and safety features should have been well in place at the school, a course of action which would have avoided the accident entirely.

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Jim Loxley is a Director at claims specialist, My Compensation

Benefits of Hiring Brain Injury Lawyers

Brain injury is damage to the brain tissues which may or may not be permanent. The damage again can be accidental or followed by a disease. Trauma due to an accident or diseases such as cancer or Alzheimer’s can cause brain injury. A brain injury lawyer is a legal representative, who helps you to handle the legal formalities involved, such as suing the responsible party for the accident that caused the brain injury, claiming recovery amount from the insurers, and he also answers the queries regarding rehabilitation, and personal injury laws.

Brain injury attorneys handle cases related to personal injury that is usually confined to brain injury. For people who do not know whom to turn to after experiencing a brain injury in an accident, a brain injury lawyer is the best help available.

Benefits of Hiring Brain Injury Lawyer
These lawyers are specialized in the head injury policies and regulations. They know what happens after an individual experiences a brain injury and needs to file a lawsuit. He has thorough experience in handling such cases and he knows the prosecution lawyers, juries and court staff. This helps in preparing for the court proceedings.

These lawyers know what can be termed as a rightful claim and how exactly a claim has to be made. Before making actual claim a lawyer assesses the damage caused due to brain injury and evaluates the claim amount. He also collects evidences and carries out the case discovery procedure to present the case before jury. In case, the opponent party is willing to litigate or settle the case out-of-the-court, a lawyer should take appropriate steps to execute a favourable decision for you.

Responsibilities and Duties
Responsibilities of a brain injury lawyer are similar to other types of lawyers practising law in specialized arenas. He evaluates your case, and verifies if it has a viable ground. He should be able to analyse the guilty party against whom the brain injury lawsuit needs to be filed. He also should be aware of the ways a party can be held responsible, and a lawsuit should be filed against the party. He must have good knowledge about the compensation laws and a brief idea about the personal injury laws too.

He should evaluate the prognosis of injury and whether or not long term care is required. He also assesses and guides clients about the amount of damages the insurer will cover. He is aware about the slashing and shunning attitude of the insurance companies and hence, he should take legal action if the insurance company runs out of its responsibility.

Education
An advocate specialized in brain injury laws studies Juris Doctorate from an accredited law school. Before going to a law school, he needs to finish preliminary schoolings and posses Bachelor’s degree from any discipline. Most of the law schools require their students to do legal clerkship or law intern-ship to understand the legal field better. A law school graduate further passes state bar examination to obtain license to practice law.

A brain injury lawyer represents people, who have suffered brain injuries due to various reasons including accident, disease, surgeon’s negligence while performing a brain surgery, or due to overdose of anesthesia by an anesthesiologist.

About the author: Written by Lords Screw for Typeoflawyer.com

Personal Injury Law In Washington

If you live in Washington state and have suffered a personal injury then you may wish to contact a personal injury lawyer. These lawyers will offer a free consultation to let you know if your case has merit. They will help you to decide whether to pursue the case and if there are other legal methods that you may wish to pursue. Many of these lawyers will not take the case if they are not completely certain that you can either win or settle. To prove their confidence, many of these lawyers will only receive a fee if you receive a settlement.

Personal injury lawyers can help you in a variety of different scenarios. They can help with workplace accidents as well as with auto accidents. They can help you to receive the money that you deserve from the parties involved as well as from insurance companies. Studies have demonstrated that people who work with these lawyers will often receive more money than those who simply relied on their insurance company to do the right thing. These lawyers are trained in special areas that help them to negotiate the best settlement with insurance companies and other parties.

There are many laws that are unique to Washington state when it comes to personal injury and these types of cases. For instance, the statute of limitations is three years when it comes to these types of cases. In addition, the state places no limits or caps on the amount that can be awarded in such cases. The courts of this state have decided that placing caps would be in violation of the state constitution. Medical malpractice suits can be pursued for up to three years in this state. Product liability suits can also be pursed for up to three years.

If you are pursuing a case in any of the following areas, you will need to know the unique circumstances that effect the state of Washington. Wrongful death, Slips and Falls, Auto Accidents, Medical Malpractice, Products Liability and Workers’ Compensation claims will all contain elements  of law that are unique to the state of Washington. For this reason, it is imperative that you contact a lawyer that is licensed to practice law within Washington and is well versed in the particular laws of that state.

These types of lawyers can help you in a variety of different ways with your lawsuit or insurance claim. They can help to ensure that you receive the best medical care that is possible for your particular injury. They can also help you to receive the money that you need in order to pay your medical bills in a timely manner. Everyone knows how quickly the financial reputation of a person can be ruined with unpaid medical bills. The credit rating of an accident victim can quickly suffer if they do not have the proper representation to ensure that their bills are paid on time. These lawyers can help to make certain that you are properly compensated for any loss or damage that may have occurred to you in the form of property damage or injury to your physical person.

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Gary Hall likes to write. A lot. With that comes a keen mind for personal injury law, lawyers – and on some cold nights – a good eggnog recipe. Gary currently writes for several law practices, including Fannin Litigation Group – they can be found at fanninlaw.com

Texas Couple’s Suit against Internet Posters

Mark and Rhonda Lesher filed a defamation lawsuit after anonymous commenters from the Internet forum Topix.com posted thousands of posts accusing them of being drug dealers, criminals and sexual deviants. On Friday, April 20, a jury awarded the Texas couple $13.75 million. According to Meagan Hassan, the Lesher’s attorney, this award is the largest award from an Internet libel case.

Leshers Accused then Cleared of Sexual Assault Charge

The Leshers had made Texas news after Shannon Coyel accused them of sexual assault. After the allegations surfaced in 2008, over 25,000 comments were posted on the Topix forums. These forums are accessible to anyone with Internet access. The comments accused the Leshers of participating in sexual deviance, criminal behavior and dealing drugs. They also attacked the Leshers’ businesses. Although a jury found the couple not guilty of sexual assault in January 2009, anonymous posters on Topix.com continued to attack them.

Identifying Anonymous Posters

When the Leshers filed their lawsuit in February 2009, the judge demanded Topix to turn over Internet Protocol (IP) addresses of the anonymous posters. An IP address refers to a string of numbers that is unique to each computer with an Internet connection.

The Leshers initially sued 178 anonymous posters, but the IP addresses narrowed the defendants down to two computers. These computers were used by Shannon and Gerald Coyel and one of their employees. Hassan said that she was able to locate more than 25,000 libelous posts on Topix that attacked her clients. She introduced 800 of the worst posts in court.

Damaged Reputations

Due to the attacks on the forum, the Leshers closed their businesses and left Clarksville, a town with a population of about 3,500 people. They had lived in this small Texas town for over 20 years. Rhonda owned a beauty salon and Mark was an attorney. They claim that their businesses and their personal reputations were badly damaged by the comments on the online forum. The Leshers accumulated over $250,000 in legal bills and were forced to sell their ranch to pay their fees.

The jury required Gerald Coyel to pay $5.1 million to Mark Lesher to compensate him for the loss of his reputation and mental anguish that he suffered as a result of the Internet postings. In addition, he must pay Rhonda Lesher 3.168 million for loss of reputation, loss of her business and mental anguish. Shannon Coyel and Charlie Doescher, the Coyel’s employee, were each ordered to pay $1.7 million to Mark Lesher and $1.056 million to Rhonda Lesher.

Internet Anonymity and First Amendment Rights

This case has raised the issue of Internet anonymity. Many Internet users are under the false assumption that they can remain relatively anonymous online by choosing a unique screen name and not posting identifying information. However, IP addresses are unique to each computer and can be traced to an individual computer. This area of law is currently in flux, with many states working to determine the limits of Internet behavior. On one hand, the First Amendment guarantees the right to free speech. On the other hand, defamation law sets limits on that freedom, preventing citizens from unfairly damaging the reputation of others. The laws that apply to Internet communication are currently in flux, with many more lawsuits likely to follow.

About the author

Written by Jeff Sanderson for WalnutCreekDUILaw.com.

Make yourself aware of the auto insurance laws of different states before you buy

(US Law) Having your own auto is a necessity of most Americans and it is important that you buy an auto insurance policy to keep your car protected. Just like it is essential to know insurance law of your state while buying an insurance policy similarly it is essential to know the auto insurance law of your state when you buy insurance for your auto. Different states have different auto insurance laws. While shopping around to buy auto insurance policy, make sure you are aware about the insurance laws of your state. However, if you do not have adequate knowledge, it may be helpful to ask an insurance agent to find out more about the laws related to insurance of your state. Alternatively, searching online may be a useful avenue. Below are some general bits of information about the auto insurance laws of different states in the US.

Auto insurance laws of different states

It is very important to know about the auto insurance laws of your state before you decide to buy the best insurance policy for you. Read on to know about the auto insurance laws of different states.

  • Tort states – Some American states such as Alabama, Arizona, California, Colorado, Mississippi, Georgia, Nevada, West Virginia, South Carolina, are known as ‘tort states’. If an accident takes place, the driver of these states is considered to be at fault for the occurrence of the accident. If you live in any of these states, make sure that you buy at least the minimum liability coverage. This will enable you to pay for the injury to the other person that may have occurred due to your fault. Consulting a personal injury lawyer is prudent.

  • No fault states – The no-fault states consist of Florida, Kansas, Hawaii, New York, Massachusetts and Utah. The auto insurance laws of these states are different in some respects from the tort states. The driver in the no fault states is not believed to be at fault for the cause of the accident. It is considered that the accident may have take place because of some unavoidable situations. Hence, the drivers of these states should buy a car insurance policy so that he or she may be able to get coverage.

  • Add-on states – Arkansas, Maryland, New Hampshire, Virginia, Washington, etc. are some of the add-on states. As per the auto insurance laws, you need to carry add-ons such as uninsured motorist coverage, personal injury protection along with your car insurance. Accidental damages are refunded by your own insurance company. Thus, you will be able to get the required coverage in case you meet an accident with an uninsured motorist.

It is a wise decision to buy an auto insurance policy beforehand so that you may be able to protect yourself from accidents on teh roads. Getting to know about the auto insurance laws of your state before you decide to buy insurance for your own car is sensible and will help ensure that your hard-earned dollars are spent purchasing the best policy for you in line with your state’s requirements.