Personal Injury Law Blogs

No More Tired Visits Are Required To Court With Mediation Services

Innumerable people are visiting law litigation firms for settling legal issues. Settling down family issues is quite uncomfortable and disturbing for few.  Now dissolving disputes are quite hassling free with mediation services. There are varied reasons but the chief among them is prolonged divorce cases and the following maintenance payments often seen to be raging on for longer period between divorced couples and wedded partners. These services conclude the case instantly restricting the case to be progressed to court.

What are exactly mediation services?

It is a sort of discussion platform for both the couples, coming with their varied problems.  There the couple gets adequate support to resolve their problems like custody difficulty, maintenance pay or alimony and visitation right for father and mother depending on the fact whom the child wishes to stay with, this process will be much easier with the help of a child custody attorney. These days’ courts are filled with backlogged cases demanding immediate attention.  Divorce cases are increasing in leaps and bounds. It is normally impossible to settle down all these cases in court. Therefore, this mediation services have gained prominence these mediators are actually like facilitators of legal system. If a couple is determined to go separated then what can be more convincing then approaching a mediator.

Mediation services to protect innocent children

Nuptial bonding is actually an agreement written on the piece of paper, which one along with partner thinks of breaking on terms of permanent severance-divorce. Since the marriage registration is done on legal grounds, hence it demands legal interference to break the knot. Divorcing is not an easy process but entails complication a lot. This complication is reinforced if the couple is having child or children. Divorce mostly affects kids. They are psychologically bereaved and moves towards unethical venues for getting rid of these inescapable stigma. Mediation services are necessary for children, to save them from impending harm. These services provided ways to suspend fallouts as early as possible so that these children can move along without being threatened mentally. If their tender hearts get a jolt of complicated hazardous parent, separation it would continue for years causing detrimental upshots.

Function of mediators

Mediators are those who tackle the entire situation with his special expertise and intellectual skill. They are highly proficient. They honestly abide by codes set by family laws. They even participate largely in the issues in hand to find out viable solutions to resolve disagreement. This does not end in a session but entails sequential steps.  The cost of hiring an expert mediator is not so much as that of hiring a divorce attorney.  The cost differs pretty much. As cost is curtailed and money and asset is saved so far for the prospective financial support for the children and separated couples the client is the one benefitted largely.  With those financial savings, one can get into mainstream of society.  Financial capital has to be saved and that is the aim mediation services works with.

No harsh atmosphere

The mediator conducts a discussion which do not entails any harsh words. Both the parties are asked to come and sit for logical and functional discussion to settle the matter. The discussion is not allowed to experience any fuss but rather reinforced in a way so that joint agreement on issues can be accomplished. If an accord is not achieved then opposite party may demand to visit court with the case. Often couple and their families try to resolve the disagreement all by themselves but this is a wrong approach. Without any professional assistance, matter may get worst and the hope of any agreement lessens considerably. The mediator actually provides viable logics and adopts ways, which are amicable and sober in response and patient in listening problems.

Legal Implications of Digital Footprints in Personal Injury Cases

At 11:49 pm on April 2, 2013, online magazine Gawker posted a video on their website of a violent mugging that occurred in a Brooklyn subway station on March 9, 2013. The video, released by police earlier that day, showed a woman in a stairwell being attacked and robbed. Viewers of the video watch in helpless horror as a young man punches and kicks the woman. While the woman is on the ground, he dumps her purse, rifles through the contents, kicks her again for good measure, and then we finally witness her running for safety.

By noon on April 3, 2013, 21-year old Aidan Folan was arrested by the New York City Police Department for the crime committed in that video. His arrest occurred within 12 hours of Gawker posting the video and is an amazing example of the power of social networking. Just one person with the online ID “secretsout” found a Facebook web address that consisted of the same phrase that was emblazoned on the back of the mugger’s Alpha Phi Delta hoodie. This Facebook profile belonged to Aidan Folan and showed photos of Aidan wearing that same hoodie on the evening of the attack and in the days following the attack – a solicitor’s dream. Additionally, his Facebook profile provided the name of his employer, profile pages of his friends, and links to places he frequented; in other words, everything the police would need in order to track him down.

Granted, this alleged criminal probably isn’t a candidate for Mensa, but even the most intelligent among us generally aren’t in the habit of considering repercussions that can come from our online activities, otherwise known as our digital footprint.

The legal implications of digital footprints aren’t limited to tracking down criminals. Social network account details are now a standard defense discovery request in civil litigation. Plaintiffs claiming injuries have posted photos of themselves dancing, running, lifting, and otherwise engaging in or admitting to participating in activities that their complaints maintain they’re incapable of performing. Relationships between witnesses and plaintiffs have been exposed via diligent digging, and when it comes family law, Facebook can prove more valuable than a $200/hour private investigator. Social networking provides an opportunity for people to tell the world about themselves, and in the process, tell on themselves to anyone paying attention.

Digital footprints encompass more than social networking profiles. If someone uses his or her email address to sign up for sites like Huffington Post, blogs, or the local newspaper’s website, a simple Google search could identify anything posted on public pages by any ID associated with that email address. For example, a client might have posted a seemingly innocuous comment, such as, “Enjoyed the kayak trip. Let’s do it again soon,” on a Meetup.com event. Defense counsel searching that email address in Google could potentially locate that comment. Now your client has just told defense counsel, and the world, that he or she has been kayaking and, depending on your client’s injury, this could seriously damage his or her case. Email accounts, including passwords, have also become a standard defense discovery request in civil litigation.

Suffice to say that social networking and other online interactions can be a tremendous asset or a serious liability for South Carolina injury attorneys and those throughout the nation, depending on your practice. Advising clients of the potential that their online activity might be scrutinized is certainly practical in this digital age.

Jon Rivers is a legal marketing specialist and researcher dedicated to educating the public about the various issues associated with personal injuries and the law firms who help victims get justice. Find Jon Rivers on Google+

Are you more at risk of illness or injury in your working environment?

Any industry carries inherent risks to your health and well-being, however these have been significantly reduced owed to the respective health & safety department of each nation. In the United Kingdom the governing body for controlling these regulations is knows and the Health & Safety Executive or the HSE, these governing bodies track each reported case of illness or injury whilst at work and implement new legislation which is aimed at reducing the amount of reported incidents for any given case.

The numbers behind injuries and illnesses are staggering with almost 1.4 billion pounds being spent across the United Kingdom every year to accommodate these incidents. As the type of industry in which people work changes so does the numbers of people injured and the amount illnesses developed. Nowadays employers who are negligent and do not adhere to the strict guidelines set may be held liable by disgruntled employees for any accident within a working environment or for any illnesses they develop due to the substances that they have encountered, an example of this would be an industrial worker who has just been diagnosed with mesothelioma owed to being exposed to asbestos during his working life, he would be eligible to claim for asbestos compensation on the grounds that his employer should have protected him from this illness.

On the whole there are over 110,000 reported accidents that require 3 or more days off work reported annually, this means that suffering an injury in your workplace is far more likely that developing an illness. However the chances of being the victim of a fatal accident in your workplace are far less likely than passing away due to an illness caused by work, the total amount of fatal accidents across all industries in the United Kingdom last year was 183, however more than 2300 people are dying each year from mesothelioma due to working with asbestos.

There are several high risk industries when it comes to accidents at work, these include:

 

  • Agriculture, Forestry and Fishing

– 1146 reported injuries annually

– 691 out of every 100,000 are injured per year.

– Most dangerous jobs include forestry and logging.

  • Water Supply, Waste disposal, Sewage.

– 2300 reported injuries annually

– 1330 out of every 100,000 are injured per year.

– Most dangerous jobs include waste collection, treatment and disposal.

  • Total service industries

– 82,000 reported injuries annually

– 403 out of every 100,000 are injured per year.

– Most dangerous jobs include air transport.

 

Accidents include a multitude of scenarios such as a slip or trip at work, or getting your hand caught in machinery and are easily attributed to your working environment but what about illnesses? Health conditions are often overlooked or not related to work but can be just as devastating to your well-being. The main work related illnesses are as follows:

 

  • Mesothelioma, asbestosis, pleural thickening/ plaques.

– These conditions are cause by exposure to asbestos and affect thousands each year. Generally affecting the older generation many sufferers have not worked for a number of years but are experiencing symptoms now owed to the lengthy latency period that asbestos related illnesses have (15-50 years from initial exposure).

– Otherwise known as noise induced hearing loss, this affects many people who worked in excessively noisy environments for extended periods of time. Many employers are now being held accountable for not supplying adequate hearing protection.

  • Dermatitis

– Often mistaken for eczema this condition affects the skin causing itching, redness and discomfort to the sufferer. Generally found in industries which use chemicals such as cleaners and beauty therapists dermatitis can be treated by steroid creams prescribed by doctors and avoiding further contact to the substance.

  • Repetitive Strain Injuries

– Typists and administrative office workers are most at risk from this illness. Although not considered life threatening RSI’s can severely affect your ability to undertake many tasks, if severe enough even attempting simple tasks such as washing the dishes can be extremely painful and may require invasive surgery to relieve the symptoms.

  • Breathing issues

Conditions such as C.O.P.D and emphysema are found in industries that require working with airborne substances and many miners are now suffering with breathing complaints such as silicosis. It is worth noting that if you are a smoker you will exacerbate these conditions quite dramatically.

An employer has to by law protect from all the injuries and ailments above. Laws are set in place to protect workers and if they aren’t adhered to they are eligible to claim compensation if and when there health is compromised.

The 5 Most Common Motorcycle Accidents

Whether you’re a car driver, motorcyclist or even a scooter rider, knowing basic safety precautions of safe riding can save lives. Motorcyclists, as well as motorists, undergo considerable training, particularly in the UK – the motorbike tests are increasingly more difficult than the old days of riding round the block and being observed by the examiner with a clipboard at the roadside!

The 5 most common causes of motorcycle accidents (listed below) have been researched leading bodies in the UK* and don’t always involve other motorists on the road.

  • Failure to negotiate left hand bend on country A road
  • Failure to negotiate right hand bend on country A road
  • Collision at junctions
  • Collision while overtaking
  • Loss of control

A few tips to consider:

Plan Your Journey

Even if you are planning a short ride, have a plan of your route. Plan your stops, such as petrol stops, coffee stops, lunch breaks and so on. Take your mobile phone and ID, and let someone else know where you are planning on going – and when you’re returning. Check the weather forecast before you set off to ensure you are wearing suitable clothing – you don’t want to be caught out in the rain, which in turns affects your style of riding. Listen to radio traffic reports in case there are any restrictions on the roads that will affect your route.

Don’t Drink and Ride

Never drink and ride a motorbike. Bikes can be particularly dangerous to handle if they are not under control. The bike scene has a particularly social side to its lifestyle, involving bikers attending rallies and festivals at weekends – so be extremely cautious if have been drinking the night before – buy a breathalyser if you’re not sure.

Take Another Class

If you’re new to riding motorbikes, or returning to the scene – there are plenty of bike courses and road safety courses in most locations. Even if you don’t want to take a full bike test – motorbike instructors will give you training, whether it’s the one-day CBT (Compulsory Basic Training) or just an hour out on a school motorbike to refresh stale riding techniques. A reminder on road awareness can never be over-rehearsed.

Are You Aware of Your Surroundings?

Riding a motorbike is more tiring than it looks. The level of concentration required to stay aware of your surrounding can be physically demanding. Your mind has alot to think about, such as other road users, pedestrians, road conditions, the weather and you will be plotting the journey ahead of you. If you are tired before your journey – seriously consider whether you should be using another mode of transport.

Wear a Helmet

Overwhelming evidence suggests that wearing a motorcycle helmet reduces head injuries in accidents. Make sure you helmet meets your country’s safety regulations, and the same applies to your pillion. In the UK, keep in mind it is illegal to ride without a helmet. Check government transport department guidelines for details.

Wear Protective Clothing

You can never over-estimate the effects the weather has when you’re riding a motorbike. UK riders are well versed in the changing climate. Basics should be purchased, such as a protective outer jacket, bike gloves, boots, long trousers, eye protection (sunglasses), and bright clothing so that you are seen. Carry spare waterproof clothing with you – even if it’s sunny before you set off.

Safety of Passengers

If you are planning on taking a pillion, ensure that you tell them how to ride with you. Ensure safe and warm clothing is worn, and obviously a correctly fitted helmet is essential. Talk them through how you want them to hold on to either the bike or yourself, and show them ways to lean with the bike. You may even want to consider taking them to a training class to learn about responsible and safe riding.

Bike Maintenance

Ensure that your motorbike is in excellent running condition before setting out. Basic checks are essential for your safety and other road users, such as tyres, headlights, indicators, gears and brakes. If you can’t maintain it yourself, pay a motorbike mechanic to service it for you. Always carry a basic repair kit on the bike.

Taking basic precautions will allow you to be a more responsible rider and limit hazards that you can’t control – such as other drivers, road conditions and weather. As the Spring approaches in the UK, motorcycle accident claims increase as more road users enjoy the good weather. Allow yourself to travel in safety to avoid road traffic accidents, keep your speed below the limits and use your skills you have been developing to enjoy your ride.

For information about great road traffic claims lawyers and personal injury lawyers generally see our guides here:-

*RoSPA Ride Safe leaflet, Feb 2006

5 Things You Didn’t Know About Worker’s Compensation Laws

rhode island personal injury attorney

As Massachusetts and Rhode Island personal injury attorney who does a fair amount of workers compensation law work, I receive a lot of questions from people who want to know what to do when they are hurt at work.

Its understandable, workers compensation laws are complex and you need a competent personal injury attorney skilled in these laws to help you sort it all out.

(more…) “5 Things You Didn’t Know About Worker’s Compensation Laws”

Getting Out Of A Traffic Ticket 101

Police Lights
Image: Creative Commons

We’ve heard the stories: a girl gets pulled over for speeding, turns on the waterworks, and the cop simply ignores that ticket he was reaching for and issues a mild warning instead. Is it true? Can crying really get someone out of a traffic ticket? Chances are that crying your way out of a traffic ticket won’t often work. Depending on the violation, like speeding or reckless driving, a cop has a duty to uphold the law. He or she might feel sorry for you, but he or she won’t break the law because you’re crying. Still, there might be a way out of that ticket if you know what to say. Here are some good (and legitimate) ways of avoiding a traffic ticket.

Don’t cry, but do offer a good excuse if it’s true.

Cops are people, too. They have bad days just like you. Cops don’t become cops because they enjoy punishing regular, average citizens. They believe in justice, which is why they pulled you over in the first place. Did you blow past that Stop sign? Speed through a school zone? They’re trying to keep others safe, and they want to make sure you’re aware of what you did. If you get pulled over, and you honestly don’t know why, tell them. Be sincere. If you were speeding and you had a good reason (your friend’s in the hospital, you’re late for an urgent meeting), let them know. They may let it slide, especially if this is your first offense. Keep in mind, though, that you should never lie to a police officer. They have bad days like the rest of us, but they also don’t appreciate dishonesty like the rest of us.

Plead your case.

If you’re stuck with a rigid officer who won’t hear any excuses, then you might just have to suck it up and take the ticket. Chances are, though, that you’ll be dealing with a reasonable person. In this case, take on an attorney role and plead your case. Explain why you had to speed, why you didn’t see that Stop sign, why you had to make that illegal U-turn. Be rational and respectful. Don’t waste his or her time with petty excuses, and whatever you do, don’t insult him or her or the “government” in general. Cops are doing their jobs; respect them enough to appreciate that. You may find that by promising never to do it again (and mean it), you might get a pass on this particular day. Cops are reasonable. Treat them with respect, and you might be shown the same. When push comes to shove and you already got a speeding offence, you can still defend your case with the help of top-notch speeding solicitors.

Just stay safe.

Getting out of a ticket isn’t easy, and it’s not always successful. If you’ve been disobeying traffic laws on purpose, then no amount of explanation will work. Speeding recklessly through a school zone is dangerous for everyone, and cops need to uphold the law as part of their job. Sometimes, though, you just need a break. You might find that a cop is more willing to give you one if you’re honest, sincere and respectful.

Warning: RI has 8 of the 10 Most Dangerous Interchanges in New England

It is a fact that New England has some of the most dangerous roads in New England. Rhode Island in particular has never been known for its easily navigable roads – yet the GoLocal Pro News Team has uncovered some chilling new facts.  In a recent compilation of the most dangerous New England interchanges, Rhode Island has “crashed in” on eight of the top ten spots.

Personally, I find it startling to note that 8 of the 10 most dangerous interchanges in New England, are located in the state of Rhode Island. All drivers must take extreme precautions now, to help avoid accidents and injuries that are becoming more frequent on these particular stretches of roadway.

(more…) “Warning: RI has 8 of the 10 Most Dangerous Interchanges in New England”

The Origins and Implications of Summary Jury Trials in Personal Injury Cases

In the early 1980s, District Judge Thomas D. Lambros devised the Summary Jury Trial (SJT) as a form of alternative dispute resolution (ADR) for cases pending in the Northern District of Ohio.  It was essentially a practice trial lasting no more than one day, and heard before a jury of six chosen via voir dire directly from the venire.  The intent was to provide an opportunity for parties to gauge how well their arguments would play in front of a jury.  At the time, the SJT was not being used in place of a trial, verdicts were not binding, and participation was mandatory.  The logic behind this form of ADR was to encourage settlement based on the SJT jury’s response rather than risk going to a formal, binding trial.  This incarnation of the SJT eventually disappeared from the system, potentially because jurors were mandated to serving as if it was binding even though it was non-binding.  Critics claimed the Court was abusing its authority by using members of the public to facilitate private settlements.

Reemergence of SJT in Personal Injury Cases

The SJT re-emerged in the early 2000s when Charleston County, South Carolina became the first county in the country offering the SJT as alternative to a formal trial.  This format has numerous advantages over the standard trial and is ideal for cases involving minor, non-permanent injuries.

In South Carolina, the SJT format includes a high/low ratio agreed upon by the parties prior to trial.  This benefits both parties because the jury’s award is overridden if the award falls under the low number or above the high number, which is typically policy limits.  This enables plaintiffs and their attorneys to recoup some money for themselves, and the defendant isn’t responsible for any amount above policy limits.

Additionally, the utilization of the SJT can curb expenses for both sides. Testimony is abbreviated, hearsay rules are less stringent, and excerpts from deposition transcripts and medical records can be read at trial, thereby eliminating the need for the presence of witnesses, including expensive medical experts.

One distinct disadvantage is the common practice of scheduling the SJT after discovery has been fully conducted and an actual trial date is imminent.  By this time, the defense has already spent loads of money on attorney’s fees and discovery costs and an insurance adjuster may decide to hedge his or her bets by taking a chance at a formal trial.  The same disadvantage applies to the plaintiff’s attorney because by this point, a lot of time has been spent working the case and although the appeal of receiving some compensation versus none may be attractive, that appeal could be overshadowed by visions of a large jury award of actual and punitive damages.  The risk for both, of course, is that one party will walk away with nothing at a formal trial.

Courses of action

A solution could be to embark on the SJT earlier in the life of the lawsuit.  If a case involves minor injuries, but the parties didn’t settle prior to suit, they might want to consider the SJT format closer to the beginning stages of the suit and agree to minimal discovery, thus reducing expenses and time spent working on the case.

Many courts throughout the country have adopted Charleston County’s basic model of the SJT as a replacement for formal jury trials.  For those individuals injured and seeking compensation, a personal injury lawyer can guide them through the process and move for a Summary Jury Trial if they feel it’s in the client’s best interest.The obvious advantage for jurisdictions adopting this format is when the SJT is widely utilized; small suits burdening the court system are alleviated, ultimately benefiting the taxpayers.

Jon Rivers is a legal marketing specialist and researcher dedicated to educating the public about the various issues associated with personal injuries and the law firms who help victims get justice. Find Jon Rivers on Google+

 

Building firm sentenced after death of employee on farm

A building firm and one of its directors have been convicted in Liverpool Crown Court over allegations that they failed to uphold health and safety legislation, with the consequence of the death of an employee.

Peter Halligan worked for Galt Civil Engineering Ltd (“Galt”) as a labourer. On 11 August 2008 he was assigned to install brick manhole chambers above a circular tank at Sutton Hall Farm, along with another employee. This involved Mr Halligan and his colleague working over exposed openings in the tank. On 14 August 2008 Mr Halligan and his colleague had been working on the manhole covers when his colleague went to collect a saw. However, when he returned to the work site Mr Halligan had disappeared; his body was later found at the bottom of the storage tank. The incident was reported to the Health and Safety Executive (“HSE”) and an investigation was undertaken into the manner of the accident and Mr Halligan’s death. This investigation subsequently recommended that a criminal prosecution be undertaken against Galt and its sole director, Mr Peter Stuart.

The case came to the Liverpool Crown Court on 8 April 2013. The Crown Court heard that Mr Halligan and his colleague had been required to work on the site without proper training or information, that no advice was given on how to work safely above a storage tank, and that no risk assessment was undertaken prior to the commencement of the work. The Court also heard that necessary health and safety equipment (such as a harness or a guard rail) hadn’t been installed and that Mr Stuart had visited the site the day before the incident, witnessing the employees working in such a condition, but had taken no action to remedy this. The Crown Court found both Galt and Mr Stuart guilty of a breach of s.2(1) of the Health and Safety at Work etc Act 1974 after they both pleaded guilty. Galt was fined £50 and ordered to pay costs of £24,974 whereas Mr Stuart was not obliged to pay costs but was fined £30,000.

Under s.2(1) of the Health and Safety At Work etc. Act 1974 employers must ensure, so far as reasonably practicable, the health, safety and welfare at work of all its employees.

Chris Hadrill, employment solicitor at Redmans, commented that “this case shows the risks for both employers and employees of a failure to comply with proper health and safety standards in the workplace. Mr Stuart and Galt Civil Engineering Ltd’s failure to provide proper equipment and undertake a risk assessment to identify hazard resulted in an employee’s death, which is a manifest tragedy. Further, Mr Stuart and Galt have paid the price with a criminal record, heavy fines and a hefty costs order”.

The Health and Safety Executive commented that “Peter Halligan sadly lost his life because his employer didn’t give any thought to his safety as he worked above a 15-metre deep tank. There were several ways the work could have been carried out safely, such as using a harness, installing a guardrail around the opening, or providing temporary covers. However, Galt Civil Engineering and Peter Stuart chose none of these.”

Redmans are compromise agreement solicitors

Personal injury claims and compromise agreements

In this post we’re going to take a brief look at personal injury claims and how they should be dealt with in compromise agreements. This will involve an examination of the following elements:

  1. What is a compromise agreement?
  2. Can personal injury claims be waived under a compromise agreement?
  3. How should personal injury claims in a compromise agreement be dealt with?

What is a compromise agreement?

A compromise agreement is a contract regulated by statute that allows employers and their employees to settle potential or existing claims in the Employment Tribunal or the civil courts. In return for waiving their right to pursue particular common law or statutory claims, the employee will receive “consideration” in the form of financial or non-financial benefits (such as the payment of a sum of money or the provision of a reference).

Can personal injury claims be waived under a compromise agreement?

Under a compromise agreement an employee agrees to waive particular statutory or common law claims against their employer, including unfair dismissal, wrongful dismissal, breach of contract, discrimination and harassment (among others). However, there are generally exclusions to the claims that can be waived in relation to claims for accrued pension rights and for personal injury caused by the actions or omissions of your employer.

Under a compromise agreement an employer may wish to obtain a waiver for any personal injury claims. This could relate to claims that have already been brought, existing claims of which the employee is not aware, and claims which have not yet arisen. In respect of the first two types of claim, an attempt to include these in a compromise agreement would probably be valid. However, it is not deemed fair for an employer to exclude liability for claims which have not yet arisen.

How should personal injury claims in a compromise agreement be dealt with?

Such matters should be dealt with in compromise agreements very carefully. The employee should seek expert legal advice from an employment law solicitor or personal injury solicitor on the value of any existing or potential claims for personal injury and may wish to price these into the value that has been placed on the compromise agreement, otherwise they are not being compensated for the loss of their rights in this respect. However, the particular value to be placed on these rights would depend upon what type of personal injury claim the employee has, how strong the claim(s) would be, and what value could reasonably be placed on those claims. If your employer tries to exclude liability for future personal injury claims then you may wish to resist this as these rights could become important in the future. For example, compromising a potential future asbestosis injury now could lead to problems in the future if this injury does manifest itself – you would have no recourse against your employer if they had been negligent or had breached a statutory duty.

Redmans Solicitors are compromise agreement solicitors based in London