Personal Injury Law Blogs

The Dangers of Swaddling Your Baby

She Likes the Swaddle

The Dangers of Swaddling Your Baby

Swaddling is an age old practice that involves wrapping an infant in a tight blanket or cloth so all limb movement is tightly restricted. In years past, swaddling bands were also used to further restrict baby’s mobility. Swaddling was practiced for the warmth and security of the infant. It was proven to keep babies from being disturbed by their own startle reflex, and thereby keeping them calm. Also, it kept babies warm until their internal thermostat began to work. However, swaddling began to fall out of favor due to many safety and danger concerns over the years.

Safety Concerns

Due to incorrect wrapping that was too tight, various dangers for babies began surfacing. For example, wrapping a baby’s legs straight down could loosen their joints, while damaging soft cartilage in the hip sockets, which could lead to hip dysplasia.

Also, it was found that swaddled babies experienced interference with their mobility that led to many more developmental problems and pain. In the worse case scenarios, this method has been attributed to the death of many babies.

Infant Deaths

At least eight deaths were known to have occurred at various Minnesota day care centers during one year. All of the deaths occurred in smaller home facilities. Reports indicated that at least three quarters of around 86 deaths during the past 10 years involved sleeping infants. Each facility that was reviewed used swaddling techniques.

Accountability and Lawsuits

Wrongful death lawsuits have been filed by parents in states where providers were considered negligent as a result of swaddling. For example, a case in Minnesota surmised that what led to the death of a sleeping baby was asphyxiation as a result of the baby rolling over while being swaddled too tightly. The infant rolled onto his face and died after he was unable to change his position in order to breathe properly.

In California, a day care center was made to post nearly $700,000 bail on charges that they endangered infants’ lives while under their care. The case drew national attention after it was discovered that tight wrapping of babies inhibited their growth and sometimes resulted in death after rolling over and suffocating. These cases resulted in child abuse felony charges since standards of care were breached, causing a dangerous sleeping environment for the babies. In time, investigations by social service officials began as a result of all of the complaints from parents concerning child safety.  Consequently, this alarming discovery prompted many parents, whose babies may have sustained similar injuries, to contact resources like Devorelawoffice.com and other legal counsel regarding their own litigation.

Swaddling Bans

After the many lawsuits concerning child safety, day care centers around the country began to move away from swaddling on their own. The National Resource Center on Child Health and Safety, along with the American Public Health Association and American Academy of Pediatrics, released a safety guide called Caring for Our Children, which set new standards of care for babies.

According to the new rules, swaddling is no longer considered necessary or recommended by any organization concerned with child care safety. It was also determined that all facilities should begin using stronger safety standards and eliminate all swaddling procedures. Therefore, care givers in some states are regularly urged to refrain from swaddling babies at any time. Also, swaddling is now illegal in child care centers in the entire state of Minnesota. It is expected that as safety cases build against swaddling, more states will issue laws regulating and banning the practice.

Jamica Bell is a freelance writer and concerned parent providing this research for parents and child care givers of infants. Kevin W. Devore is a Minnesota criminal law attorney who is dedicated to defending families whose children have suffered personal injury while under the supervision of a daycare facility, and provides his clients with information regarding a myriad of legal situations.

Photo credit: http://flic.kr/p/61EbUD

Are You Still Using Mirena?

For many busy women, keeping track of birth control is one more thing to program into the “reminder” section of their iPhone and starting a family may be the farthest thing from their minds.  For many young women, a commitment to a career comes first, as well as a trustworthy, hassle-free birth control option.  For those women, Mirena, an intrauterine contraceptive is the seemingly perfect option, as it is 99% effective in pregnancy prevention and can be used up to 5 years.  Many Mirena users choose the long term birth control to feel free from other alternatives such as birth control, pills, cervical caps, NuvaRing, and condoms.  With approximately 2 million users in the U.S., the birth control option must be a great choice for some, but Mirena users should remain aware of the dangerous and potentially deadly side effects.

What does Mirena do? 

Mirena is a t-shaped hormonal intrauterine device (IUD) that is inserted into the uterus and releases a type of progestin, which prevents pregnancy.  Many women opt for a long-term birth control because it makes them feel more in control of their own reproductive health, rather than worrying about the effectiveness of daily birth or “one-time-use” birth control.  According to Planned Parenthood, many women prefer Mirena because it allows spontaneity and the possibility of an improved sex life.  While it’s always wise to have a discussion with a sexual partner, there is less stress and pressure about protection.  Additionally, many women who suffer from severe menstrual cramping find relief with Mirena, as it reduces menstrual cramps and menstruation.  But, Mirena is not necessarily the ideal, “keep life simple” birth control that it claims to be.

In fact, the FDA issued two warning letters, alerting Mirena users that the makers of Mirena (the Bayer Corporation) were down playing the serious risks associated with the IUD.  In its television advertising, Mirena’s target audience is women who are already mothers.  The busy mothers scurry around chasing challenging children and the woman stops to say, “I’m fine with two children, but maybe someday I’ll want more”.  If a mother is busy with her children and life, in general, how will she manage is she suffers from some of Mirena’s serious side effects?

If you still take Mirena, Consider the Side Effects

IUDs require a commitment and a financial investment, which may be too risky for women considering Mirena.  Additionally, women should always consult their physician before having an IUD inserted and discuss side effects and other health risks.  The most common side effects and seemingly harmless effects of Mirena include headaches, acne, breast tenderness, weight gain, and ovarian cysts.

Women should avoid Mirena if they have or have had any experience with:

–          Breast, Uterine or Cervical Cancers

–          Uterine abnormalities

–          Previous issues with an IUD

–          At High Risk of STDs

Women should also take to their doctor about the following medical conditions, as conditions could worsen or in some cases, fatal:

–          High Blood Pressure

–          Heart Conditions or a history of a heart attack

–          Migraines

–          Stroke

–          Blood clots (such as DVT or PE)

Some Mirena users found that their IUD expelled from the uterus.  If a woman becomes pregnant while the IUD is unknowingly dislodged, a careful decision must be made on the continuation of pregnancy as there can be severe risks to the unborn child and the woman.

Even the television ads make Mirena seem like it’s the perfect birth control alternative for the “super mom” or the “career girl”, it’s not for everyone.  Women, when considering Mirena, must think carefully and seriously about the financial investment, the long term commitment and the risks to health.  Mirena does anything but “keep life simple”.

How to Make A Personal Injury Claim

When disaster strikes and you find yourself injured through no fault of you own, the stresses of temporary disability and the inability to work can be overwhelming. Don’t forget that you may have the option of compensation. Making a personal injury claim is straightforward and can see you with financial reward that makes this difficult time a little easier. Here’s how to make a claim:

Step 1 – Find a reliable personal injury solicitor

You’re probably familiar with numerous personal injury television adverts, with thousands of personal injury solicitors to choose from online and off, but choosing the solicitor that’s right for you takes a little more time than simply picking the company on your TV screens. Do your research; read reviews and take time to discuss your requirements with someone over the phone or face-to-face. Getting a feel for a solicitor’s manner and professionalism is essential if you wish the process to be as stress free as possible.

Step 2 – Gather any evidence

With a personal injury solicitor in place, the next step is to gather any evidence surrounding the incident. Your solicitor will help you do this. Evidence that may need to be collected includes witness reports and any paper documentation from medical staff. A medical report will be instructed by your doctor but it is usually required that all your medical treatment has been completed before a letter of claim can be put forward.

Step 3 – Approaching the defendant

Following the collection of evidence, your solicitor will put together a letter of claim that will be sent to your defendant. This will state your case and belief that they are the person or organisation liable for your injury. Following the submission of this letter, there is a pause in proceedings as you wait for the defendant to reply. It may be that the defendant is happy to settle the issues out of court, which means they will pay an amount of damages as agreed between the two of you. It may be the case that the defendant is your employer and could need to take out after-the-event insurance cover.  It can be a slow process at this stage, but there is little that you have to worry about as this goes on.

Step 4 – Court proceedings issued

Next ‘pre-action protocol’ is followed, furthering encouraging interaction between the claimant and defendant; this is carried out to ensure both sides can be properly investigated. The protocol has to follow in order for a court case to succeed, there may be costly fines against your case should this not be followed. During this stage, always be sure to reply to your solicitors enquiries as swiftly as possible. Again, your case may be settled before the court case arises.

Step 5 – Court proceedings begin

When court proceedings have been issues, a court case must begin within 4 months. During the trial, the court will decide if the defendant has been found liable for your injury. If so, it is then that the defendant will be made to pay your damages. If the case rules against your favour, then do compensation will be due. Most personal injury solicitors work on a ‘no win, no fee’ basis – ensuring you are not left out of pocket should this be the result.

If you’re in need of guidance with your personal injury claim or a business looking to take out ATE Insurance then click here to find out more and to speak with one of our experienced team at Guardian Legal.

 

North Carolina: Laws and Dog Owners

Dogs are considered to be man’s best friend. They are loyal companions, helpers to the disabled, and playmates for children. Dogs come in all shapes and sizes, breeds and colors. They also come with all types of temperaments.

A dog may become aggressive due to breeding, treatment, or inherent tendencies. This is a risk that dog owners take when they select a dog, and it is a risk that others must take when they encounter that same dog. When a dog becomes aggressive and bites someone other than its owner, the owner may be liable for the damages caused by that bite. However, under North Carolina law, there are circumstances that must apply to the situation for the owner to be liable.

When an Owner can be Held Liable for a Dog Bite

North Carolina law can be complicated regarding dog bites. Known as “one-bite-free,” if the dog bite was the first offense for a dog, the owner may not be held liable for the actions, regardless of severity. However, there are two exceptions to this regulation. If the dog is over six months old and was left out at night to roam free, the owner can be held liable for a first time bite. Additionally, if the dog is classified as a “potentially dangerous breed” the owner can be liable for the dog’s actions.

Local laws will also play a large part in determining whether or not an owner can be held liable for a first time bite. Different cities have laws determining what a dangerous breed is, and some cities rule that specific breeds of dogs are outlawed. Dogs can also be labeled as “dangerous” without previously biting someone if:

• The dog has terrorized a person off of the owner’s property in the past and the event was documented with the authorities. A bite does not have to be involved in the incident.
• The dog has seriously injured or killed another animal while on the owner’s property.
• The dog has bitten someone and that bite resulted in a serious injury on or off the property of the owner.

When to Call an Attorney

If you have been attacked by a dog, you will need report the attack immediately to the authorities and seek immediate medical attention. Once you have received medical attention, you should contact a local personal injury law firm that represents cases about dog bites. Contact one in the area local to where the attack occurred.

For example, if the attack occurred in Charlotte, a Charlotte personal injury lawyers group, where they know all the local laws of where the attack occurred, will be the most knowledgeable to be able to inform and defend you of your rights for that area. Under North Carolina law, you may be able to make a claim for:

• Medical bills associated with the injury. This may also include plastic surgery to help remove or cover any scarring from the incident. Medical bills can also cover counseling sessions for children who often suffer from reoccurring nightmares and fear of all animals after they have been bitten.
• Lost income for the time you miss receiving treatment for the injury. This may also include any future lost income if you are unable to return to work right away.
• Pain and suffering. This is especially true in severe attacks that take long recuperation periods.
• Loss of consortium. This entails losing the ability to enjoy your spouse or family.
• Property damage for anything that was damaged by the dog.

While there is no way to completely protect yourself from a dangerous dog, you should always remember not to approach a dog you do not know. Even though dogs are the most common type of house pet, they are still animals and should be treated with caution and respect.

Researcher Lisa Coleman writes to share her knowledge of what North Carolina mandates to be law in regards to ownership of a dog. At Auger & Auger Attorneys at Law, a Charlotte personal injury lawyers firm, they understand and are knowledgeable to inform and represent any injured party that has been a victim of a dog bite.

Injured Drivers Left with No Chance in Legal Bout against Insurers

What would happen to an 80 year old pedestrian if they were knocked down in 2013?

A bid to change the Small Claims Court limit has been described as ‘draconian’ by one of Britain’s leading solicitors, who gives a harrowing example of what could have happened to an 80 year old client if the change was already in place.

John Hagan works for DPP Law as an accident claims specialist and is a Senior Litigator for the Association of Personal Injury Solicitors. He is strongly against Government plans to shove the small claims threshold up from £1,000 to £5,000 because it will mean that in many serious accident claim cases, the injured person would not be allowed independent legal representation.

So, unless the accident victim has passed the Bar Exam, they are going to struggle to win their case against shrewd insurers if the plans go ahead. As an advocate of law, it is understandable to see how the idea of a seemingly unfair playing field doesn’t sit well with Hagan.

To contextualise his point, Hagan explains the would-be result of a recent case:

“Mrs N, of 80 years, was crossing over a side road, and was already on the carriageway before a parked motorist started up his engine and quickly reversed backwards without looking, knocking my client over and causing her injury.

“Mrs N suffered multiple muscular and bruising injuries to her hips, right hand and back – it was fortunate that she did not break anything, especially in light of her age.  She normally lives alone in her own home but as a result of the accident had to stay with relatives for eight weeks requiring assistance with shopping, cooking and personal tasks.

“Mrs N was a very active lady who enjoyed walking in the Lake District but was deprived of being able to enjoy this activity for many months owing to her injuries – her confidence in going out anywhere on her own was severely affected.

“Unfortunately, the value of her injury claim was less than £5,000. If such a case had happened after the proposed increase in the Small Claims limit, Mrs N would not have been able to settle her claim (assuming she even pursued it on her own) for much less than it was worth, several thousands of pounds less, in fact.

“I can say this with confidence, because this was not a case in which the insurers admitted liability. At first they denied liability and then proposed to offer Mrs N a settlement on a 50/50 basis (implying that she and the motorist were equally to blame for the accident), only I knew this was not the truth of the matter and after issuing Court proceedings on behalf of Mrs N, was able to secure a 100% settlement for her.

“If Mrs N was unrepresented, would they simply have taken advantage of her age and lack of experience in legal matters and told her she was completely to blame before sending her away with nothing? That is also entirely possible.”

By employing this emphatic example, Hagan endeavours to raise awareness of the failings of the reforms in an attempt to quash the knee-jerk reaction of which, Chris Grayling, Justice Secretary, is steamrolling ahead with.

Indeed the sudden and dramatic 400% increase in the Small Claims limit pays little attention to the recommendations of Sir Rupert Jackson’s comprehensive report on the Civil Justice System in 2009 stating the £1,000 limit should remain. The Government itself appeared to rule out any increase only just last year.

According to figures released by the Association of British Insurers in September, fabricated claims make up a mere 7% of the total meaning the actual cost of fraud in this area is an annual £140 million. This translates as £4 per year to the individual UK driver.

John Hagan therefore begs the question whether the cost of losing a few pounds outweighs the balance of Justice for Mrs N, and all other genuine victims across the country.

Understanding Brain Injury Claims: Glossary of Brain Injury Terms

If you’re looking to make a claim for a brain injury that you or someone close to you has sustained then you will need to understand basic brain injury terms. Doctors and lawyers tend to throw around complicated terms that you may not fully understand, which could hinder your claim. Here’s a collection of definitions of some of the most common words and phrases that are associated with brain injury.

Amnesia: is essentially a failure of memory, with head injury it is classed as Post-Traumatic Amnesia or PTA and signifies the time between your memory loss and when you can recall clearly.

Aneurism/ Aneurysm: regardless of the spelling, this describes a condition where an artery has become enlarged or dilated as a result of a weakened wall.

Anoxia / hypoxia: this is a serious situation where there is complete oxygen starvation to an organ or tissue. If the condition doesn’t involve complete oxygen deprivation it’s often called hypoxia. When referring to oxygen starvation of the brain this condition is called cerebral anoxia/ hypoxia.

Aphasia / Dysphasia: is the name given to the condition of having difficulty in understanding or communicating language due to brain injury. If the loss of language is only partial then it is referred to as dysphasia, whereas aphasia is complete loss.

Athetosis: refers to unusual wriggling movements normally seen in the hands. These movements occur in several brain disorders and can come on as a result of brain injury.

Basal Ganglia: is the name for the grey matter found deep in the brain below the cerebral cortex. The basal ganglia are involved in controlling movement, when injured they can cause movements that resemble Parkinson’s disease.

Brain Stem: the most vital parts of the brain are located in the brain stem – the part of the brain that is located next to the spinal cord. The brain stem is responsible for survival as it controls important activities like breathing, heart rate and arousal.

Cerebellum: is the area found at the back of the brain, below the cerebral hemispheres. The cerebellum is important as it controls movement, co-ordination and balance.

Cerebral: this is the medical term for talking about anything concerning the brain.

Cerebral Cortex: is the layer of grey matter which can be found on the top of the brain. The functions carried out by the cerebral cortex include perception, voluntary movement, thought, language and memory.

Cerebral Hemispheres: refers to the right and left sides of the brain which are divided by the longitudinal fissure (the line down the middle). Although most functions are carried out by both hemispheres each half tends to have a dominant responsibility for a particular function.

Contra Coup: is the term given to the bruising of brain tissue in the side opposite to where the trauma occurred.

CT scan/ CAT scan: a CT scan is several X-rays taken at different levels to build up a complete picture. This helps to see where the damaged area is, and what specifically is affected.

Diffuse Brain Injury: this is the medical term for a brain that has sustained injuries in many areas rather than in one specific location.

Diencephalon: is essentially the midbrain. This area contains the nerve centres which control appetite regulation, sexual arousal, thirst, temperature control and some aspects of memory. This area also contains the thalamus which is the body’s sensory gateway to the brain.

Diffuse Axonal Injury (DAI): is the name for an injury involving tearing of nerve fibres across the whole of the brain. This occurs in about half of all severe head traumas and is often linked with diffuse brain injuries.

Dyspraxia: this is the inability to carry out purposeful movements although maintaining the ability to move and be aware of the movements being made.

Electroencephalogram (EEG): EEG is a test that is used to measure changes in electrical activity within the brain. The brain’s cells emit tiny electrical signals when they send messages to each other, measurements help to diagnose and manage brain activity.

Frontal Lobes: are the biggest part of the brain, found at the front of both cerebral hemispheres. The frontal lobes control voluntary movement, speech, thinking and reasoning, decision making and planning. These actions give the frontal lobes a vital role in social behaviour, creating your personality and displaying and understanding emotion.

Glasgow Coma Scale (GCS): The GCS is a scoring system out of 15 that is given to patients with a head injury to determine their degree of unconsciousness. A score of 7 or less indicates that the person is in a coma, the maximum score of 15 suggests that the patient is able to respond to verbal or visual commands.

Grey Matter: is the term given to nerve cell bodies that are found in the brain. These nerve cells have a greyish appearance and help to make up the cerebral cortex.

Haematoma: refers to when blood pools in an area and swells resulting in the compression of the brain which can be damaged by this effect.

Hippocampus: is a structure on the inner surface of the temporal lobes largely made of grey matter. The hippocampus has an important role in the memory process, damage to this area can lead to memory problems.

Hypoxic-Ischaemic Injury: similar to hypoxia, this refers to damage that’s been caused by an interruption of oxygen supply that’s caused by reduction of blood flow to the brain. This commonly occurs when the heart stops beating during a cardiac arrest.

Intracranial Pressure Monitor (ICP): is a device that measures the pressure inside the head using a monitor that is inserted through the skull. Most serious and moderate head traumas will require intracranial pressure monitoring.

Magnetic Resonance Imaging (MRI): this is a machine similar to the CT scan, however it uses a different technique in order to produce high resolution images of the brain providing much better detail. MRIs use a magnetic field rather than X-rays in order to produce an image.

Motor Cortex: is part of the brain which is involved in planning and executing voluntary movements. The motor cortex is found at the front of the primary sensory cortex on the upper surface of the brain.

Nasogastric Tube: is the tube that is put through the nose which goes down the throat and into the stomach to give liquid food to the patient.

Neuro-Transmitters: these are the chemicals used by the nervous system to send messages which aid or obstruct functions of the nerve cells.

Oedema: is a condition that means that there is increased water content in the brain, causing brain swellings.

Occipital Lobes: refers to the area at the back of the cerebral hemispheres which contains the main visual centres.

Persistent Vegetative State (PVS): if the patient has suffered a severe brain injury they may enter into a PVS after being in a coma. PVS means they will be able to carry out basic functions such as breathing and maintaining a heartbeat but they will not show any level of consciousness.

Respiratory Arrest: is the name given to the condition when breathing stops and no effective supply of oxygen is going to the blood from the lungs. Respiratory arrests can lead to cardiac arrests if breathing is not restored.

Sensory Cortex: is found on the upper surface of the cerebrum, behind the motor cortex. This is the part of the brain that is responsible for the sensations that are experienced in the body.

Somatosensory Evoked Potentials (SSEPs): are the electrical responses that a brain produces from an EEG following the stimulation of nerves in the limbs. Often used to gain an insight on a patient in a coma.

Temporal Lobes: are part of the cerebral hemispheres, found under the frontal and parietal lobes. The temporal lobes control functions largely associated with hearing, language, visual perception, memory and emotion.

Ventilator: is a machine that breathes for an unresponsive patient. It artificially breaths for the patient, delivering humidified air with the appropriate level of oxygen at a steady rate and pressure.

White Matter: this is the nerve tissue in the brain which is composed of myelin covered axons that transmit electrical signals through the nervous system. White matter is found under the grey matter in the cerebral cortex, it also travels down through the brainstem and into the spinal cord.

About the Author- Hugh James solicitors are a Top 100 law firm who specialise in spinal and brain injury claims. So if you’re planning on making a brain injury claim, Hugh James solicitors can provide you with the expert advice and guidance you need.

Common Car Malfunctions that Can Lead to Accidents

car malfunctionVehicle malfunctions can cause some of the worst imaginable accidents. Car malfunctions are sometimes rather innocuous, such as having the “check engine” light come on and stay on; no matter how many times a mechanic checks the engine. There are other malfunctions, however, that can be deadly. Most of them can be eliminated by simple maintenance. If you’re not taking your car in for regular maintenance work, you might be putting yourself and everyone else on the road at unnecessary risk.

Brakes

This should be obvious enough. If your brakes malfunction, you can end up in an accident simply because you could not slow or stop. The brake system is likely more complex than regular people want to deal with, though it is within the realm of what those with moderate mechanical skills can fix. For most people, however, it’s imperative to get your brakes checked whenever there is a problem. Having to push the pedal very far toward the floor, squeaking and other signs of brake trouble need to be investigated right away. Just as a tip: it’s usually cheaper to have the brakes fixed if you do it right away and avoid more extensive damage.

 

Headlights

Your headlights, of course, are the most important system on your vehicle when you’re driving at night, but you should leave them on during the day, too. One of the issues that urban drivers tend to have is that it’s hard to figure out when your headlights have actually gone out. Sometimes, it’s possible to leave them off and to drive around without even knowing it, due to the fact that streetlights will illuminate the roadways sufficiently in cities. If your headlights go out, however, you’re in real trouble and are presenting a serious risk to other drivers. Check your headlights often to make sure that they’re both working.

Do You Have an Issue?

The NHTSA has a database that you can sort through to find any problems that might be related to your particular vehicle. This includes recalls, so there is plenty of good information in the database that motorists should be aware of. If you’re considering purchasing a new car, it’s a good idea to check the NHTSA site first to see how the car stacks up in terms of testing, complaints and so forth.

Driving a car that is not properly maintained is most certainly negligent and, if such a driver destroyed your vehicle, caused you injury or worse, a lawyer may be able to help. Consultations are usually free from these professionals, so there’s no reason to delay.

How to maximize your insurance claim for pain and suffering after an accident

Many people have a hard time wrapping their mind around understand what constitutes pain and suffering in a personal injury / car accident claim and how to go about maximizing the claim for pain and suffering.  Pain and suffering is a non-economic damage.  In California where I am licensed to practice law, we call it general damages versus specific damages, which refer to hard bills such as medical bills, car damages, loss of wages and damages with otherwise clear monetary value.  However, general damages are difficult to calculate.  In order to claim this by putting a money value to it will first require an understanding of what this pain and suffering is.  As a California car accident lawyer, calculating and maximizing pain and suffering is the biggest job an attorney must be able to excel in order to make hiring a personal injury attorney worth it economically for clients.

Pain and suffering constitutes any loss and suffering caused by the accident.  Pain and suffering is ascertained through ways of objective means in the eyes of jurors in a courtroom.  A plaintiff’s attorney must be able to persuade reasonable minded jurors on how much the pain and suffering will cost on top of the specific damages.  Factors involved in calculating pain and suffering include how long you need to be treated for the injury; the level of pain; loss of freedom; loss of happiness; loss of hobby; loss of sexual pleasure; loss of family time; inability to care of children like before the accident; likelihood of future occurrence of  such injury and more.  To calculate how much these factors actually impacted the plaintiff will require a well presented story of the plaintiff in a courtroom.  A good trial lawyer must be able to tell a story of the plaintiff in ways relatable to ordinary people.  Without establishing an understanding of what the day to day life was like before the accident, it is difficult to grasp the level of loss of happiness and sympathy.  Of course, all this is when the case actually goes to a trial after a lawsuit is filed.  Therefore, it is always a good idea to hire a lawyer to handle your accident claim if there was an injury.  If you’re in Sacramento areas, Peter Park Law, a Sacramento personal injury attorney can help handling accident injury claims.

In cases where an injury is slight or minimal, it is often not a good idea to hire an attorney.  So in that case, how do I actually go about as a lay person to maximize the pain and suffering portion of your claim?  Use a demand letter stating 1) extent of your injury and 2) pain and inconvenience you suffered as a result of the injury.  Do not use an astronomical dollar amount but be reasonable.  Also, as an injury as minor and since you’re doing it on your own, I assume that this claim will be under the dollar limit for small claims court in your area.  Suggest in your demand letter that you’re going to pursue a legal action in a small claims court unless the demand is met satisfactorily.  Insurance companies do not like going to courts.  It costs money for their defense attorney to defend lawsuits than to throw in a couple more thousand dollars to meet your demand.

In sum, the best negotiation is achieved by the best negotiator in car accident cases.  A car accident attorney is usually far better equipped than non-attorneys to negotiate a case because of legal skills in his armory that can potentially cost the insurance company a lot more money if a case went to a trial.  However, it does not mean that a lay person cannot negotiate on their behalf.  Like discussed above, if an injury is slight and hiring an attorney doesn’t make sense, show your willingness to bring the claim in a small claims court and demand your general damages reasonably.  You will be able to maximize your pain and suffering portion of the claim.

Your professional life following a claim against your employer

Some of the most common questions that are put forward by people who wish to make a claim against their employers are, “how will this affect my work life?” or “will this reflect badly on me/ will I be blacklisted?” The first thing you should know is that any retaliation by your employer is likely to be illegal and can result in further legal action being taken against them. Here are some of the key things you need to know when making a claim against your employer.

Job Security

Many people worry that making a claim against an employer may result in them being fired or victimised. If you were injured in the workplace and the proper measures were not taken to insure that any accidents could be prevented then you are legally entitled to claim compensation. Due to the nature of employment law you are comprehensively entitled to making a claim under the same rules that allow you to report employment discrimination or sexual harassment without fear of repercussion or retaliation by employers.

Types of retaliation

In some rare cases your employer may become unfriendly towards you and retaliate by not inviting you to social events or being impolite towards you. These minor slights are not considered to be ‘retaliation’ and you are not protected from harming their personal feelings towards you. However, if they react in a more severe way that damages your professional reputation or character then it is illegal and can result in a further legal case. These forms of retaliation include:

  • False criminal charges
  • Refusal to give a reference or giving unjustified negative reference
  • Refusal to provide shifts/ reassigning job duties
  • Excluding you from training, meetings and other work activities
  • Any change to pay ie: suspension without pay, decrease in salary, not giving a promotion etc.
  • Organised exclusion/ bullying by co-workers or supervisors – these count as retaliation if management does not intervene
  • Unlawfully firing you or refusal to rehire

If it is found that your employer has been using any of these retaliation tactics against you during or after your claim then you need to take note of it. This is completely illegal and can be used to help develop your legal case against your employer.

Effect on the future

Your professional life should not be drastically altered by making a claim against your employer, however there could be damage to your professional life if the injury is particularly serious. For example if you’re a builder and you lost the use of your legs it would be very difficult to return to your previous job and the employer may need to reassign you to work around a disability. It is completely illegal for your employer to dismiss you as a result of you making a claim against them. There are over 1.2 million people in the UK who are injured at work and claim against their employers for compensation – if their employers fired them for making a claim then the UK’s unemployment figure would see a huge rise!

It is only natural that you would be worried about the consequences of making a claim against your employer; the last thing you want to do is harm your future by being blacklisted or fired. We’ve stated how you are protected against workplace retaliation and unlawful dismissal, but to ensure both sides leave happy then you need to have the best law firm in charge of your case. An excellent legal firm not only provides you with the confidence that you’re in good hands but are likely to help create a positive outcome for you and your employer.

About the Author – Hugh James are a Top 100 law firm that specialise in employer liability claims which can either involve an accident or illness as the result of those you work for. If you’re looking to take legal action against your employer then Hugh James’ specialist compensation solicitors can help get you the best result for all parties involved.

How to Recognize and Respond To Medical Malpractice

There is an old saying that goes,“If you have your health – you have everything.” Staying healthy takes effort, and every bit of that effort is worthwhile. Part of that effort includes going to a doctor for regular exams or to address a problem.

According to the personal injury attorneys at www.virginia-personalinjurylawyer.com, “in general, any instance where a health care provider – such as a hospital, physician’s office, doctor or nursing home – fails to meet the accepted standards of medical care is considered malpractice.” When a person enters a medical facility, they do so under the perception that they will be well cared for and will leave in better condition than when they entered. No one goes into a medical facility with the intent of being harmed. However, injuries still occur.

The question remains then, how do you determine the risk of malpractice before entering into a medical establishment?

Looking For Signs Of Medical Malpractice

While there is no sure-fire way to determine if you will be a victim of medical malpractice, there are a few things that you can look for before using a medical facility that may help you avoid being injured.

• Do Your Research

Before you decide to make an appointment with a doctor or facility, conduct a little background research on them. There are several information sites available that will tell you what the malpractice rates are for any facility, and there are also sites that will provide records on individual doctors. Your state may also have a database listing malpractice cases.

• Look Around When You Arrive

Is everything clean? Does everything smell right? This may seem like an unusual thing to examine, but infections are the leading cause of medical malpractice cases.

• Ask Questions

Does your doctor seem knowledgeable about your condition? Do they provide adequate answers? If the doctor does not seem to know, understand, or care about your condition, you may want to move on.

• Judge Levels of Treatment

Does the doctor seem to provide you with the right type of treatment or testing? Do they want to thoroughly look into your symptoms or are they giving a generic treatment plan so they can quickly move you out of the office? You need your doctor to be interested in you and your issue. Medical problems cannot be treated with a one-size-fits-all method.

While these are not the only signs that malpractice can occur, they are some of the most common warning signs.

What To Do If You Have Been Injured

If you are a victim of medical malpractice, you should find another source of trustworthy medical attention which can stabilize your condition, and then seek legal representation. As the victim of a personal injury, you are entitled to compensation for your injuries. Even if you believe that you may be a victim, but are not sure, you should seek legal advice.

Why is it so important to seek legal representation? First off, if you have been physically injured, there are many financial responsibilities that will come with that injury and you should not have to pay for that care.

The second reason that you should seek legal representation is that you can help prevent others from being harmed. If you do not step up and state that a medical provider harmed you, they will continue practicing medicine in this manner and harm others.

Your health is the most important thing that you have. Protecting yourself from danger is essential to your good health. If you do suffer from a malpractice event, you have rights as a victim.

As a former healthcare professional concerned with human rights, Molly Pearce writes to inform the public of legal issues involving their health and protecting themselves. Virginia-based personal injury firm Price Benowitz LLP, found at www.virginia-personalinjurylawyer.com, also serves to inform, and acts as legal advocate to individuals who have been injured as a result of medical malpractice. Their knowledge and experience in this practice area has given them a track record of success over the past fifteen years.