Personal Injury Law Blogs

Do High Payouts mean High Prices?

Post author By Clear Law Solicitors
Post date July 5, 2012
Categories In Personal Injury Lawyers
1 Comment on Do High Payouts mean High Prices?

As anyone who has a young driver in the family will know, the price of getting on the road is astronomical. A typical young driver will pay around £750 in lesson costs, a further £100 for road testing and, if they get that far, car insurance on a small-engined hatchback might cost you anything up to £2000 for a year.

There is no doubt that these costs are high and no doubt that they are rising and this has partly been blamed on the increase of contingent no-win-no-fee personal injury claims against young drivers and their insurers. To cover off this growing risk, premiums are pushed upwards, but to what extent are personal injury lawyers responsible for the changes?

Major and minor claims
When car accidents do happen they are seldom genuine accidents and often the burden of responsibility does lie with one driver. In cases of serious injury, a compensation payout is justly due to the injured party but usually far more than is affordable without an insurance policy. Though this does push up premiums, covering against major personal injury claims is the very core of what insurance protects against.

Minor injury claims are a little more difficult, however, and there has been a material rise in the number of cases where small settlements are agreed. Though the actual personal injury claim payout is small, the cost of legal fees is pretty well fixed and this does drives up insurance premiums artificially.

A Crackdown on Whiplash Claims
One of the main reasons that minor claims are taken to courts is whiplash. Whiplash may put the injured party out of work for a short period but, ultimately, the effects are medically very difficult to prove and have lead to a number of fraudulent claims and payouts where they weren’t due. The prime minister has described this as a ‘compensation culture’ and has promised to stamp out the problem.

Though in reality these claims do have an effect on what insurers charge, their significance shouldn’t be overstated. The payout in a whiplash case is only a tiny fraction of what will be paid-out in a more serious case and this is the figure which matters.

It’s a matter of fact that personal injury claims payouts do affect insurance premiums but it’s these claims that personal injury solicitors work long and hard to get right so that a just outcome might be achieved for everyone involved. Though a number of small, fraudulent whiplash cases do slip through the courts, it’s really not these cases which affect the big numbers from the insurance companies: it’s just a real reflection of the risks of being on the road.

At Clear Law Solicitors, we specialise in No Win No Fee car accident claims. Call us free on 0808 149 2497, text ‘clear’ to 60300 or e-mail us at hello@clearlawonline.co.uk.

Too many kids are dying on Scotland’s roads

Post author By Thompsons Solicitors
Post date July 5, 2012
Categories In Personal Injury Claims Law, Personal Injury Lawyers, PI Claims Blawg, Road Traffic Accident Compensation

Seven children were killed on Scotland’s roads last year, according to new figures released by Transport Scotland. This is an increase on 2010, when four children died as a result of road accidents.

The figures – provisional statistics of road injury accidents and casualties reported to the police in 2011 – show that five of the children who died were passengers in cars and two were pedestrians.

Accident charity ROSPA has called the increase ‘disappointing’, particularly given that the number of children seriously injured in reported road accidents fell slightly from 223 to 203, and the overall number of child casualties (killed, seriously injured or slightly injured) fell from 1,378 to 1,315.

The figures have been published shortly after the latest Child Safety Report Cards were released. These are a European-led initiative aimed at reducing the number of children and adolescents killed as a result of injury.

The initiative examined the causes of accidental death to children in 31 countries around Europe, between 2007 and 2009, and found that in Scotland road traffic accidents still account for most child deaths, particularly among 15-19-year-olds. Over the three year period there were 12.28 driver/passenger deaths per 100,000 population for males and 5.63 driver/passenger deaths per 100,000 population for females.

But it’s not all bad news. Overall, the number of people killed and injured in road accidents in Scotland fell between 2010 and 2011 to a record low, says Transport Scotland. There were 186 road deaths in total during 2011; 11% fewer than in 2010. There were 1,873 seriously injured casualties, down 5% on the previous year, and a drop of 4% in the number of people who were slightly injured (10,704).

Personally, while I welcome the progress made in making the roads safer, my thoughts are with the victims of road traffic accidents, and their families. Seven child fatalities – 186 fatalities overall – will have left 186 devastated families struggling to cope. It’s still far too many. The more we can do to prevent such accidents from happening, the better.

Atlanta Auto Accident Attorney Discusses Importance of Having UM Coverage

Post author By tspaulding
Post date July 4, 2012
Categories In Insurance Law, Personal Injury Claims Law, Personal Injury Lawyers, PI Claims Blawg, Road Traffic Accident Compensation

(US Law) This is an article from our personal injury website regarding the importance of having UM coverage and lots of it on your automobile insurance. As an Atlanta auto accident attorney, I too often have clients involved in car accidents with an at-fault driver who only has minimum liability coverage ($25,000.00 in the State of Georgia) and want to know if there is any other coverage available to cover their claim. The short answer is most likely yes. It is called UM coverage.

UM coverage differs from liability coverage, which only protects your assets and provides payments for a person who sustained damages in an accident that was your fault. Uninsured motorist coverage protects you by providing coverage to you in the event that a person who causes an accident in which you sustain damage is either uninsured or underinsured. Your UM coverage limits are shown separately on your insurance card.

The hard part is determining whether your UM coverage will apply to cover you for your injuries and if so, to what extend. It use to be an easier question to answer because there was only one type of UM coverage available to Georgia auto insureds—Reduced Coverage UM. Reduced coverage UM limits will provide you coverage for the difference between the coverage the at-fault party has and the amount of coverage you purchase. For example, if the at-fault party has $25,000.00 in coverage and you have $50,000.00 of UM coverage, the at-fault party’s insurance with pay you its limits of $25,000.00 and then your insurance company will pay you $25,000.00, for a total of $50,000.00 all together for your claim. Likewise, if there is $25,000.00 coverage under both the at-fault insurance and your UM coverage, your UM coverage will not apply since there is no difference between what the at-fault party has and your UM limit.

The recently added UM coverage product required to be offered to insurance customers is what is called “Add-on coverage.” Under this new coverage, the UM limit provides additional coverage to you up to the limits of coverage you purchase. Using the same number from above: if the at fault driver had minimum coverage of only $25,000.00 and you had $50,000.00 of add-on uninsured motorist coverage, you could receive the $25,000.00 from the at-fault insurance company and $50,000.00 from your own insurance company for a total of $75,000.00. If both of you have $25,000.00 of coverage, no longer will your UM coverage not apply. You could receive $50,000.00 total in this scenario with add-on UM.

It is important to note that in order to get Add-on coverage, you must specifically purchase it from your insurance agent for a higher premium. The passage of the new law in 2008 allowing for such coverage in Georgia does not mean it is automatic.

Georgia injury lawyers in Atlanta, Cumming, and Alpharetta, Georgia – Boling Rice, LLC. Full service personal injury law firm in Atlanta, Georgia specializing in auto accidents, tractor-trailer accidents, wrongful death, and other injury related matters. Contact Us Today!

Medical Expenses Following An Accident

If you have been in any type of accident, you probably sought medical help. Now the bills for that medical treatment may be coming due and you have no way to pay them. Perhaps your insurance refuses to pay because someone else caused your accident, but the at-fault party’s insurance company is not forthcoming with your money. Perhaps you do not have any insurance and you have been out of work due to your injuries. Whatever the case, medical expenses following an accident can quickly pile up and cause you to lose confidence in yourself and your ability to handle your finances. You do not need this added stress at this terrible time in your life, so it is important that you handle this situation quickly and get back to the business of healing from your injuries.

Personal injury attorneys handle your personal injury case, but they can also help you with the payment of your medical bills by putting pressure on the right people to get your expenses taken care of. Your personal injury attorney can help you negotiate with the medical providers and with the at-fault party’s representatives to ensure that your medical bills are handled until you are fully healed and your case is settled.

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Birth Injury: Problems in Newborns

A birth injury, often known as a ‘birth trauma’ happens during the birth process. The most common injuries are to the skull, brain and spinal cord.

The most frequent cause of a birth injury is the baby’s size and/or position during labour and delivery. The following difficulties may also have an impact on the baby’s health:

A delayed labour
Abnormal birthing presentation
Large babies (8 pounds, 13 ounces or over)
Premature babies (babies born before 37 weeks)
Cephalopelvic disproportion (when the mother’s pelvis is not adequate for the baby to be born naturally)
Dystocia – difficult labour or childbirth – (a particularly difficult labour/childbirth)

Below is a list of the most common injuries experienced by babies who have suffered a difficult birth:

Fractures

The fracture of the clavicle or collarbone is the most common fracture during labour and delivery. During a breech delivery, the baby’s clavicle may break, however the healing occurs quickly. During the healing process a new bone forms, forming a firm lump on the clavicle. This usually happens within the first 10 days. In order to limit movement, support the affected arm and shoulder with a soft bandage and avoid lying the baby on the affected side until you receive confirmation from a medical professional.

Brachial Palsy

Brachial palsy occurs when there is a difficulty delivering the baby’s shoulder. The brachial plexus (the group of nerves that supplies the arms and hands) is injured, meaning the baby will lose the ability to flex and rotate the arm. It is most likely the brachial palsy will heal itself within 24 hours. However, if the injury has not been resolved it will casue bruising and swelling around the nerves, meaning the baby will not be able to move the affected shoulder for a few months. Tearing of the nerve may result in permanent nerve damage. Special exercises are used to help maintain the range of motion of the arm while healing occurs.

Forceps marks

Forceps, most commonly known as bruising usually occur on the baby’s face or head as a result of the trauma of passing through the birth canal. During this process, the baby may come into contact with the mother’s pelvic bones and tissues. Forceps occasionally leave temporary marks, however it is nothing to worry about. Babies delivered by vacuum extraction may have some scalp bruising or a scalp laceration (cut).

Cephaloematoma

Cephalohematoma causes a raised lump to appear on the baby’s head several hours after birth because there is an area of bleeding between the bone and its fibrous covering. The body resorbs the blood. Depending on the size, most cephalohematomas take two weeks to three months to disappear completely. If the area of bleeding is large, some babies may develop jaundice as the red blood cells break down.

If you would like immediate advice about birth injury, contact your solicitor and gain prompt and professional help.

PiP update – the Government PiP Review

The Government has published a disappointing and predictable report on PIP breast implants.

The report, by an expert medical group, has confirmed that PiP implants have a higher rupture rate than normal:

“around six to 12 percent after five years, rising to 15 to 30 percent after 10 years (this compares to 10-14 percent after 10 years for other brands of implants).”

If the breast implant does rupture it has been found to cause local reactions around the implant area in a small proportion of women, which can result in symptoms such as tenderness or swollen lymph glands, says the report.

However, there is no evidence that this causes any more significant general health concern, or that the PiP gel material contains anything that is toxic or carcinogenic.

The expert group has said that the advice to women who have PiP implants remains unchanged.

In our opinion this report does little to calm the fears of PiP victims. It confirms that the implants are defective and likely to rupture – spilling industrial silicone into our bodies – but offers no practical help.

Instead, we would like to see progress in:

Aftercare – There’s still no direct pressure on clinics to help their patients and the best the Government can do is say that clinics “should support” women with PIP implant concerns.
Consistency – Some clinics are offering to scan, remove and replace for free and others are charging for everything. There’s no consistency in how Scottish women are being treated by their clinics. We don’t know where we stand.
Commitment – We need to have a clear commitment from the Government that they’ll remove and replace these implants.

How To Protect Yourself When Hurt On The Job

Post author By alang
Post date July 2, 2012
Categories In Guest Legal Blogging on Personal Injury, Personal Injury Claims Law

(US Law & general legal tips) People who are injured on the job in New York are entitled to worker’s compensation. Worker’s compensation covers employees’ medical bills as well as providing them with some of their wages if they cannot work due to the injury. If you have been injured on the job, there are several steps you need to take to ensure you get the compensation to which you are entitled.

Report Injuries Immediately

You need to report injuries to your supervisor as soon as possible after the injury occurs. Your supervisor will fill out an incident report and give you a copy. He or she will also refer you to a doctor for treatment of your injuries. Perecman.com suggests that if you’ve been injured in a work accident there is a good chance that you are entitled to compensation, and your incident report is the best evidence of your injury. Even if you are unsure about whether or not your injury is serious enough to cause you to miss work, report the incident anyway in case you do have cause to seek compensation. As an example, without this evidence and even with a personal injury lawyer New York litigation is difficult at best. Your employer is not liable for injuries if you don’t report them, so make sure you do so as soon as possible.

Use Your Employer’s Doctor

The reason your employer refers you to a doctor for treatment is that only certain doctors are covered under his worker’s compensation insurance plan. If you are not confident with your treatment options, you are free to seek a second opinion from your personal doctor but you will need to be assessed by the employer’s physician to help with your case for compensation. If you are unhappy with the care you receive from your employer’s doctor, you may be able to see a different doctor. Talk to your construction accident attorney before visiting another doctor to find out how to proceed without hurting your case.

Get a Written Doctor’s Note

Your employer’s doctor may state that you are unable to work due to the injury. If so, you need to get his or her opinion in writing. This serves as evidence of your inability to safely perform your job. If you don’t get this information in writing, you won’t be able to prove that you are entitled to compensation for lost wages. The law is very clear regarding worker’s compensation and anything you can do to strengthen your position will only work for you in the end.

Be Careful On Social Media
Your social media activities can affect the outcome of your worker’s compensation case. Until your case is settled, presume that your social media accounts are not private. Even if you have high privacy enabled, your employer’s attorney can ask a judge to require you to give him or her access. Defense attorneys often use social media posts to discredit plaintiffs in worker’s compensation cases.

In general, you should avoid the following types of social media posts:

* Bragging about having time off work or how much compensation you think you’ll get.
* Rage against your employer for causing your injury.
* Talking about what you’ll do with compensation money.
* Photos taken after the accident showing you on vacation or otherwise living an unimpaired existence.
* Photos and posts suggesting you drink often.

Follow the rules regarding worker’s compensation. People often try to create situations whereby worker’s compensation can be used to get over on the system, so expect some sensitivity to that possibility. However, rest assured that the system is just as concerned with making sure that injured individuals are compensated fairly as they are with stopping offenders. By following a few simple steps you can be confident in the strength of your worker’s compensation claim.

Alan Gray is a worker safety advocate who often writes about work accident issues and he is a contributing author for The Perecman Firm. Over the last thirty years this company has won some of the largest settlements in New York history.

Claiming For A Ruptured Bowel

A ruptured (or perforated) bowel is a medical emergency that can cause serious health complications if not diagnosed and treated in a timely fashion. If you have suffered because of a delay in diagnosis, or your ruptured bowel was directly caused by medical error, you need to speak to a solicitor about claiming compensation for your injuries.

Why is a ruptured bowel a medical emergency?

If your bowel has ruptured, it means there is a small hole in either the large or small intestine. This may occur as a result of a traumatic injury (such as a car crash), an illness (such as ulcerative colitis), or a surgical complication. Within hours food and faeces will begin to leak through the hole, spreading into the abdominal cavity. This will be extremely painful for the individual concerned, who will also suffer fever and vomiting. If treatment is withheld, the abdomen will become inflamed and infected – something which can potentially be life-threatening.

Therefore it is vital a ruptured bowel is quickly detected and repaired. If the injury happens during surgery, the surgical team must identify the problem and suture the wound before ending the procedure. On the other hand if a patient presents with the symptoms characteristic of a ruptured bowel, steps should be taken to confirm a diagnosis. This will involve using an x-ray or CT scan to assess whether air has escaped into the peritoneal cavity. If so, emergency surgery must be performed.

Does a delay amount to medical negligence?

As long as urgent action is taken, a patient will soon make a full recovery. On the other hand if there is a delay, the consequences could be devastating. Occasionally this will happen because a patient fails to seek medical attention. However, there are sadly times when a delay in treating a ruptured bowel is the direct result of medical negligence. Usually this will occur for one of two reasons:-

1. Misdiagnosis: medical professionals may fail to recognise the signs and symptoms of a ruptured bowel, instead believing a more minor condition to be at play. A misdiagnosis such as this will cause the patient prolonged pain and suffering, and will also put their health in jeopardy.

2. Surgical negligence: a perforated bowel is a known risk of many surgical procedures. However, if a bowel is accidentally nicked or cut during the course of an operation, the surgeon must take care to repair the injury there and then. A failure to do so will result in additional health problems for the patient, and will also necessitate a second operation.

Compensation for a ruptured bowel

If you have suffered because of a delay in diagnosing a ruptured bowel, you could be entitled to compensation. To find out more information, you need to contact our solicitors for a free of charge consultation to help you move forward with your medical negligence claims.

The anonymous world of personal injury

We are known for repeatedly stating our view that in many respects personal injury practices are light years ahead of most other categories of lawyers and law firms.

We say this because most personal injury practices realised years ago the fundamental shift between a professional practice and a business service. These practices are run more as businesses, with the recognition, rightly or wrongly, that outside of some niche areas in business law, possibly divorce and a few other areas, clients and potential clients see lawyers as largely bland and the same, providers of a service which they expect to be competent but also don’t see the real value in.

The “punter” may well be wrong about the above, but this is largely irrelevant. What has happened is that most personal injury practices have followed the money and realised that the real fight between them has been about marketing. Most general legal practices have failed completely to even comprehend the need for real investment in marketing, and it’s probably now too late. They have ceded this to Quality Solicitors, Contact law and many others by actually creating the buying power which will price them out of the market.

But in one respect are personal injury lawyers now missing a fundamental point. Have they gone too far in seeing law simply as a commodity ?

Legal services are fundamentally about trust and people buy people. There can be few more important things than needing a lawyer for advice, whether it’s about divorce, wills, probate, a business dispute or a personal injury. There is now a lot of mistrust of lawyers generally and personal injury lawyers in particular. So, if a firm goes out of it’s way to create trust, might this create an advantage for that firm ?

So few personal injury lawyers have any of their people on their websites – the people who actually deal with claims are anonymous on many sites. Why is this ? Maybe because many staff are junior and possibly even not qualified ? It certainly doesn’t help trust. At the end of the day, people now want to know who they are dealing with.

So, personal injury firms that recognise this and play on it may gain an advantage, and one such firm, Lloyd Green, have certainly recognised it. Each of their fee earners has their own profile page, so a prospective client can see exactly who they are dealing with, in the same way as with many small general practice firms, who in this sense are maybe one step ahead ?

What do you think ?