Personal Injury Law Blogs

Steps to Keep in Mind if you have a Car Accident

Getting involved in an accident is the last thing that you would want, however if that ever happens there are some steps that you will always need to keep in mind. It is always good to be prepared when you face such situations. It is also good to keep a handy manual in your glove compartment, in case someone else is driving your car

Take Care of yourself and inform police:

The first thing to do after any accident would be to be sure about your own safety. Immediately check for injuries for yourself and then help others. Always keep a first aid kit and blanket in your car for emergency situations. However, do not move anyone who is unconscious or seriously injured. Immediately call 911 and ask for help. It is also wise to call the police and inform them of the situation. It is advisable to let the police know, especially if there is substantial property damage for you. If you inform the police the other driver’s details like his name, address, license number gets documented and it is very useful if you later need to take legal action.

Stay and the scene and document the details:

Never leave the scene of crime until it is appropriate. It is the cardinal rule of all car accidents. If you leave the scene where someone is seriously injured or killed you can face very serious criminal charges. Talk to the other drivers involved and get all their details including name, address, phone number, license plate number and other details. Try to be cordial and professional but do not apologise or discuss details. That way you might just push yourself into legal liabilities. Document the scene in as much details as possible. Use a camera or phone to take as many pictures as possible. It is also wise to talk to witnesses if available and ask them for details. Also ask them for their personal details, if they are willing to give them. It might be very useful if you lawyer or the insurance company wants to contact them.

Call a tow-truck

If your car needs to be towed call a tow truck. Call the assistance helpline of your car insurance company. If you hire a car with make sure you have insurance for that as well and having a car with a car tow-bar in such situations is always useful. If you do not have the emergency number the police can help you to get home or arrange for a tow truck

Contact your insurance company

Contact your insurance company as soon possible. Give them all the details that they require in details. Do not lie about anything because you can get into serious trouble because of it. Also get a copy of a police report so that you can prove your point to insurance company. Keep track of all your medical records after your treatment so that you can provide these details to your lawyer or insurer whenever necessary. However, be careful of any settlement offered by the insurance company. Always contact your lawyer before signing any official documents

Disc Herniation Claim from Auto Accidents

Many victims of auto accidents suffer physical injuries to their body and in many cases, such injuries can leave long term effects.  Sometimes the injuries manifest itself in immediate pain and physical symptoms but in many cases, they show later in time.  One type of auto accident injury, where no immediate pain can happen is disc herniation.  Our firm handles auto accident cases that caused disc herniation and as a personal injury lawyer, I have to be very careful to examine possible damages without a client reporting any pain if an impact was significant enough.

What is Disc Herniation?

So what is disc herniation?  According to Wikipedia, it is a medical condition affecting the spine due to trauma, lifting injuries, or idiopathic causes where a tear in the outer ring of a disc causes the central portion to bulge out beyond the damaged outer ring.  When the bulging occurs, often severe pain is caused when it compresses against the nerves around the disc.  This type of pain can present itself in electric shock pain, sharp needle pain, or tingling and numbness.  The pain also travels down to buttock and legs overtime.

Types of Tests Conducted to find Disc Herniation

MRI – Magnetic resonance imaging is usually done to confirm a diagnosis and to find the location and severity of a herniated disc as the test scans for soft tissue and muscle damages instead of just bones and ligaments.

CT Scan – Computed tomography scan can also take images of herniated discs as well as detailed images of bone structures of the spine.  This is often used when a MRI does not provide enough results.

EMG – Electromyogram can be used to diagnose nerve and muscle damages.

No Immediate Pain

If there is a disc herniation case where the bulge is somehow not compressing the nerves enough to cause aforementioned pain and symptoms, a thorough examination must be conducted to exactly pinpoint the bulge to access likelihood of future damages and pain.  This is why it is so important that your lawyer takes time to thoroughly conduct physical tests to claim damages in all spectrums.

Patience or Hiring an Attorney Pays Off

Insurance companies will often deny any damages absent clear showing of injuries.  If you don’t report pain to your doctor, often x-rays or MRIs will not be focusing on unreported areas and miss the damaged area.  Then using incomplete medical reports, insurance companies will cut you short with a low settlement.  This is why hiring an attorney becomes critical when your auto accident impact is great enough even without too much immediate pain.  Auto accident attorneys understand what a personal injury can do to a person’s life.

Future Damages

Future damages are often ignored by many plaintiffs claiming their damages without hiring an attorney.  An incompetent attorney may also overlook this area as one only focuses on visible injuries and pain and suffering derived from that injury in a present tense.  What about pain and suffering of the future?  Depending on the type of injuries, the future may not be so free from the present damage.  Disc herniation is a type of injury that can have lasting impacts in one’s future activities and happiness.  According to NY Times Health Guide, pain comes and goes from herniated disc.  In fact, my mother suffered a herniated disc at a young age and it caused a great deal of pain and inability to lift things and make income as a restaurateur later in life.

Additionally, all physical hobbies can be negatively affected with a herniated disc.  Being physically active may exacerbate  the injury and cause pain.  Future damages from disc herniation can encompass a great deal of loss of financial opportunities and happiness.

If I Get Hurt On My Own Property Do I Still Have A Case?

All of the residents of Toronto know that when you buy a home or a car you must purchase insurance; however, many people who rent do not believe they need renters insurance. Many renters believe the value of their personal property is so low that it doesn’t warrant the expense of insurance. Unfortunately, nothing could be further from the truth. Property insurance is one of the most valuable things a renter can own. If you have concerns about renters insurance you can talk to your insurance agent and ask them what renters insurance will do for you. An even better idea is to talk with one of the experienced car accident lawyers Toronto law firms have on staff. These fine Toronto lawyers can tell you their personal and professional experiences with property insurance with those who have purchased it and those who have chosen not to purchase it.

The people that believe the landlord’s homeowner’s policy will cover them in any way are mistaken. A landlord’s homeowner’s policy will not help a renter at all. It will not cover any of your personal belongings, but more importantly it won’t cover your personal liability. If you or one of your precious children leaves a rake on the sidewalk and someone walks by and trips over it you will be personally liable. One of the Toronto slips and fall injury lawyers will need to be retained to protect your interest. If you have purchased renters insurance your insurance will cover the liability. If you don’t have renters insurance you will be paying all of this out of your own pocket.

The same holds true if you are negligent about shoveling the snow off your sidewalk. If you get up one snowy morning and rush off to work before you shovel your walk you could be in for a law suit. As the occupant of the house you are responsible for the snow removal. If you fail to do so and someone slips and falls you are liable. If you are adding this up in your head you are beginning to understand how important renters insurance really is for you. Imagine if that person who slips on the ice injures their spine and suffers a catastrophic injury. This type of injury can rack up hundreds of thousands of dollars in medical and rehabilitation bills.

Now you understand the replacement of your personal property is just the bonus. The most important part of renters insurance is the liability protection. Contact the lawyers at Himelfarb Proszanski personal injury lawyers to see if they can help you determine if you have a case.

Author Bio:

Ted Sablint has years of experience in the legal industry and continues to share his insight with others through his blogs and can help you find the best car accident lawyer Toronto has to offer. After being involved in an accident he highly recommends you contact the team of Himelfarb Proszanski personal injury lawyers to help you get the compensation you deserve.

Someone injures themselves on your property…What is the first step?

Crisis mode. An employee, visitor, client, etc. has injured themselves at your office. What do you do next? Obviously there are hundreds of thoughts going through your mind, and probably the last one is what legal actions could arise from this. But, you should always be prepared.

Step 1:

Assess the situation. Determine to the best of your abilities how injured the party is and if they need medical attention. If there is any hint of injury; physical or psychological it is best to seek medical treatment. The medical assistance will not only help the injured party but also keep a documented record for you on the extent of the injuries, the time it occurred, and even the conditions present at the time of the injury.

Step 2:

If possible take photos of the situation. If medical assistance is not needed, consider calling the police to make a report. The more that is written down the better. Photos of the injury (or lack there of) and the area in which it occurred will be very helpful later on.

Step 3:

Call your home or business insurance company. The sooner the insurance company is in the loop the better and they can assist you with the phase in order to prevent a lawsuit.

Should a lawsuit arise or the injured party seek medical expense reimbursement call an Alabama attorney. The personal injury attorneys at Parkman & White will be able to assist you through the pre-litigation process and if necessary the litigation process.

Worker entitled to make claim against employer after he fell eighteen feet from a platform

A South Wales worker could launch a personal injury claim against his employer after he was knocked almost twenty feet from the platform he was standing , suffering serious injuries as a result.

A worker could make a claim for personal injury against his employer – an engineering farm – after the fall from height last year.

The incident occurred on 14 January 2012 when the worker – who asked not to be named – was using a scissor crane to replace high level lights in the workshop of a South Wales engineering firm, Dollcast Ltd. The worker suffered serious injuries as a result, including five broken ribs, injuries to his elbow and damage to his hip.

The Health and Safety Executive subsequently investigated the case after it was brought to its attention. This investigation recommended that a prosecution be initiated against Dollcast under s.3(1) of the Health and Safety at Work etc Act 1974, namely that the company had failed to ensure, so far as was reasonably practicable, that persons not in its employment who may have been affected by the undertakings were not exposed to risks to their health and safety”.

The case came before the Brigend Magistrates Court on 13 May 2013. The court heard that the self-employed contractor had been carrying out his duties on the scissor crane when an adjacent gantry creane had knocked into the scissor crane, knocking the worker to the floor. The HSE’s investigation found that there was not a suitable system of work in place and that a suitable risk assessment hadn’t been carried out and that there hadn’t been an attempt to isolate the gantry crane from the work conducted by the scissor crane.

The Magistrates Court found the company guilty of a breach of the Health and Safety at Work etc Act 1974 after the company pleaded guilty. Dollcast Ltd was fined £10,000 and ordered to pay the prosecution’s costs of £9,671.

Marc Hadrill, a solicitor at Redmans employment solicitors, commented on the case that “falls from height can be particularly serious for those affected – that’s why there are specific regulations to deal with them. Employers have a legal obligation – but also arguably a moral obligation – to ensure that their workers don’t suffer injury through fault on the part of the employer.”

HSE inspector Lee Schilling issued the following statement on the case: “This was a serious incident and, in a fall of six metres, this worker was lucky not to have lost his life. It was also needless and avoidable. The incident could have easily been prevented if a simple, suitable system of work had been used by Dollcast, including the secure isolation of the overhead crane from its power supply.”

Direct 2 Lawyers offer compromise agreement advice from specialist employment solicitors

Rochdale firm fined over multiple health and safety warnings

A Rochdale bedding firm has been heavily fined by the Manchester Crown Court after a health and safety investigation found that a number of the machines in its factory were not safe to use.

Sartex Quilts and Textiles Ltd was investigated by the Health and Safety Executive (“HSE”) last year on 27 and 28 October 2012 in a routine investigation. The HSE found that there were dozens of guards missing from machines and that a number of the guards that were there were simply not fit for purpose. The inspectors also found that one machine – which contained dangerous moving parts – had been wrapped in cardboard to prevent workers having access to these parts – a fact which was condemned as “inadequate” by the Health and Safety Executive.

The HSE investigation resulted in a recommendation that the company be prosecuted for a breach of s.2(1) of the Health and Safety at Work etc Act 1974 – that the company had failed, so far as was reasonably practicable, to ensure the health, safety and welfare at work of all its employees.

The health and safety failings were doubly serious for Sartex Quilts as they could also have been exposing themselves to a claim for personal injury from any worker that was potentially injured.

The case came before the Manchester Crown Court on 12 June 2013. The court heard that the HSE had issue three Prohibition Notices – which order that some work must be stopped immediately – and twelve Improvement Notices which ordered that certain changes be made to equipment or working practices.

The Manchester Crown Court found the company guilty of the a breach of the Health and Safety at Work etc Act 1974 after the company admitted such. The court fined the company a total of £50,000 and ordered it to pay £14,614 towards the costs of the prosecution.

Chris Hadrill, an employment solicitor at Redmans, commented on the case that “judging by the comments of the HSE inspector in this case, this was a particularly serious breach of health and safety laws. Thankfully no-one was hurt but things could have turned out very differently if there had been an accident at work because of a lack of the necessary guards.

An HSE inspector, Ms Helen Mansfield, gave the following statement after the case: “This was one of the worst cases of missing or inadequate guards I or my colleagues have ever seen. Every corner we turned, we found another issue. The company put production before health and safety and put the lives of its employees in danger as a result. Common sense should have meant they didn’t use cardboard to cover dangerous moving parts, but that’s exactly what we found on one machine”.

Redmans Solicitors offer employment law advice to employers and employees

Death from skip lorry results in an extremely heavy fine for Sheffield company

A Sheffield-based firm has been heavily fined and ordered to pay substantial costs after one of its workers was killed in a workplace accident.

Adis Scaffolding Limited, of Sheffield, was ordered by the Derby Crown Court to pay a substantial fine and the costs of the prosecution after one of its workers was killed by an overturned lorry in its site in Markham Lane, Duckmanton.

The accident which resulted in Mr David Vickers’ death occurred on 22 July 2008. Mr Vickers, 37, worked for Avis Scaffolding as a truck driver and had just driven in to and parked his truck at the Markham Lane site. He had climbed out of the cab of the truck to deploy the rear stabilisers for the truck when it suddenly overturned and landed on top of him, crushing him. He was pronounced dead at the scene.

It is not currently known whether Mr Vickers’s family is intending to claim personal injury against the company.

The Health and Safety Executive was subsequently notified of the accident and commenced an investigation into the death. This investigation recommended that a prosecution be initiated and the matter came before the Derby Crown Court last week on 7 June 2013. The Crown Court heard evidence that the skip was mis-hooked, with the hooks attached to the wrong part of the skip. This had caused the skip to break free when it had reached an angle of 70 degrees, with the skip swinging free and causing the front of the vehicle to be lifted off the ground. This was deemed by the HSE to be a clear breach of health and safety. The HSE also found that there was no safe system of work for the skip operation; inadequate training and instruction; and that an inadequate risk assessment for the loading and unloading of skips.

Adis Scaffolding pleaded guilty to a breach of s.2(1) of the Health and Safety at Work etc Act 1974, namely that they had failed to ensure, so far as was reasonably practicable, the health, safety and welfare at work of all its employees. The Derby Crown Court sentenced the company to pay a £300,000 fine and ordered the company to pay the prosecution’s costs of £124,468.

An inspector at the Health and Safety Executive, Mr Edward Walker, made the following statement: “The failings by Adis Scaffolding Limited were substantial, ranging from unsuitable equipment, an inadequate risk assessment, inadequate training and instruction, and an absence of safe systems of work”.

Chris Hadrill, an employment law solicitor at Redmans, commented on the case: “This is a particularly serious breach of health and safety in the workplace – it resulted in the death of a worker, something that any employer should also seek strenuously to avoid. The Health and Safety Executive identified numerous breaches that led to the death of the worker and his death – combined with the lax health and safety regime – resulted in the relatively large fine visited on the company”.

Redmans offer compromise agreement advice and are based in London

Bolton recycling firm heavily fined after worker crushed between vehicles

A paper manufacturer based in northern England has been heavily fined after one of its workers was seriously injured in an accident.

A Bolton-based firm has been heavily fined and ordered to pay substantial costs after the Manchester Crown Court found that it was guilty of seriously breaching health and safety laws, resulting in a severe injury to a worker.

The unnamed 61-year-old worker worked for the Bolton-based DS Smith Paper Ltd as a truck-driver until the incident that resulted in the injury occurred on 26 February 2010.

The Manchester Crown Court heard that the worker had driven into the tipping area depot on 26 February 2010 and had just unloaded his load of paper. He exited the truck to close the rear doors, doing so by using two buttons on the side of the vehicle. However, as he did this another truck reversed into the tipping area through a different entrance and – not seeing the worker – trapped him between both vehicles. This resulted in serious injuries to the worker, including fractured ribs, a fractured right collar bone, a punctured right lung and multiple bruising.

The Health and Safety Executive were subsequently informed of the accident and an investigation was started into the circumstances of the injury. This investigation resulted in a recommendation that DS Smith Paper be prosecuted for a breach of the Workspace (Health, Safety and Welfare) Regulations 1992 for failing to make sure that the site was safe for vehicles and pedestrians. Under Regulation 17(1) of the Workspace (Health, Safety and Welfare) Regulations 1992 every workplace should be organised in such a way that pedestrians and vehicles can circulate in a safe manner.

The case came before the Manchester Crown Court this month and a judgment was given yesterday by the court. DS Smith Paper Ltd was found guilty of a breach of Regulation 17(1) of the Workspace (Health, Safety and Welfare) Regulations 1992 and was sentenced to pay a fine of £80,000 and ordered to pay costs of £49,822, as well as bearing its own costs.

It is not currently known whether the 61-year-old worker is intending to submit a personal injury claim against his employer.

Marc Hadrill, a solicitor at Redmans employment solicitors, commented on the case that “employers have strong obligations to ensure that the health and safety of its employees is not compromised by the design of its workplace. This case demonstrates that employers are potentially liable to both criminal prosecution and civil lawsuits if they fail to take the necessary reasonably practicable steps to ensure that their workforce isn’t endangered by poor working practices”.

A Health and Safety Executive inspector, Mr David Norton, commented after the hearing that “the driver suffered horrific injuries as a result of this negligence, and this case should serve as a lesson to other companies working with large vehicles to ensure that the correct safety procedures are in place”.

Direct 2 Lawyers can put you in touch with solicitors who can offer you employment law advice

Tips for Sharing the Road with Motorcycles in Virginia

Many motorists are unaware of certain laws and safety practices that ensure safe driving when motorcycles are on the road. While there are rules that motorcycle drivers must follow, there are things that drivers of cars, trucks and SUVs can do to make sure to avoid motorcycle accidents in Virginia on highways and surface streets.

Know the Rules

In the state of Virginia, motorcycles are not required to have turn signals. Drivers can turn using hand signals. So pay close attention to a motorcyclist’s intent when you are sharing the road with them.

Also, motorcycles are permitted to operate two to a lane. That means, if two motorcycles are sharing the lane in front of you or behind you, you have to pay attention to both of their turning intents and make sure you accommodate them.

There is no passenger age restriction for motorcycles in VA, so many motorcyclists may be giving their children a ride to school. As long as the child is in a passenger seat with passenger footrests and is wearing a helmet, this is completely legal. Just like you would with any car carrying a child passenger, take extra caution.

Best Practices

Make sure to give motorcycles plenty of room. It takes less room for them to stop, and they may maneuver in and out of traffic to avoid bumps in the road that are easy for you to simply drive over. Also, because motorcycles are smaller, they are easier to miss, so make sure you check your blind spot to make sure it is OK to change lanes or turn, then check again before you do. Many motorcycle accidents occur because the driver of a car failed to see the motorcycle before turning or changing lanes.

Also take care in passing a motorcycle. If you pass too closely or in a gravelly or rocky lane, you could throw rocks and dirt into the driver’s face, causing a serious hazard on the road.

Whenever you drive, be mindful and courteous and you can avoid accidents.

Supreme Court Strikes Down North Carolina Medicaid Lien Rule

Medicaid provides assistance at the state level to those individuals who lack sufficient liquid assets to pay their medical bills. If a Medicaid recipient’s need for medical care arises from injury caused by a third party, the state may recover a portion of any subsequent judgment the person obtains from that third party in a lawsuit. Federal law, however, prohibits states from placing a lien on a third-party judgment beyond that portion of the award intended to pay a victim’s medical costs.

In March of this year, the United States Supreme Court addressed the question of how a state may determine what percent of a tort award is related to medical expenses. The decision involved a 13-year-old girl born with multiple birth injuries. She will require constant nursing care for the rest of her life. The State of North Carolina’s Medicaid program presently pays for part of her care.

The parents filed a medical malpractice lawsuit against the physician who delivered the child (who is never named in public records). In 2006, a state court approved a $2.8 million settlement. The settlement itself did not apportion damages for medical care versus other claims, such as pain and suffering. Under North Carolina law, the state’s Medicaid program can seek up to one-third of a damage award as reimbursement for medical expenses paid. Here, the state said it had already paid $1.9 million of the child’s medical bills, for which it would file a lien against the settlement.

Limits On “One Size Fits All” Recovery Rules

The child’s parents asked a federal court to declare the North Carolina law void under federal Medicaid law. While their case was pending, the North Carolina Supreme Court, ruling in a separate case, upheld the state’s one-third recovery rule. The federal court hearing the child’s case agreed with the state supreme court, but the federal Fourth Circuit Court of Appeals in Richmond agreed with the parents that federal law prevented North Carolina from making a blanket presumption it was entitled to one-third of the settlement award.

The Supreme Court agreed with the Fourth Circuit. Justice Anthony M. Kennedy, writing for a six-justice majority, said that under federal law–including a prior Supreme Court decision–a state could not “arbitrarily” assign itself a percentage of a tort award. A case-by-case analysis was necessary to determine what part of a given award should be allocated to the reimbursement of medical expenses. In some cases, Justice Kennedy said, this will be relatively easy, as a jury or settlement agreement may specify a percentage. Other cases will require a specific judicial determination. But a state legislature cannot simply step in and decree a percentage for all cases.

Three justices disagreed. Chief Justice John G. Roberts, Jr., in a dissenting opinion, said the Court should not wade into a “policy question” that is best left to the states and the Department of Health and Human Services, which oversees Medicaid, to decide. The chief justice noted that North Carolina was simply trying to reconcile conflicting federal mandates–on the one hand, it must try to recoup medical expenses, while on the other, it cannot take a beneficiary’s property beyond said expenses–without any meaningful guidance from federal regulators.

The chief justice may bemoan the lack of “flexibility” states now have in asserting Medicaid liens. But for victims of medical malpractice and other personal injury claims, the Supreme Court’s decision helps protect their damage awards from arbitrary seizure by the state.

About the Author

Steve Williams is a legal blog writer for Hoffman, Larin and Agnetti PA, South Florida’s premier personal injury lawyers.  We offer personal attention and make sure that you understand the precise nature of your case and the legal principles involved.  If you are looking for a personal injury attorney in Key West, look no further than Hoffman, Larin and Agnetti PA.