Personal Injury Law Blogs

What You Need To Know About Medical Malpractice

(US law) Considering that 195,000 people are killed on average every year in the U.S. because of medical malpractice means that it’s not as uncommon as people think. You hope doctors, nurses and other medical professionals know what they are doing in the moment, but they have lapses in thought and knowledge at times and make the wrong decision. While some truly aren’t intentionally neglecting their responsibility, others aren’t taking their position as serious.

It’s a serious issue because too many people are dying because of a medical professional’s negligence. Now, not every medical malpractice case results in death. Many cases result in minor mishaps, but nonetheless, those mishaps can affect a person’s life forever. People need to be protected from minor mistakes as well.

In a malpractice case, the physician, doctor or whoever made the mistake is at fault and must be held responsible for their actions. Patients can make a case when wronged by medical professionals, but patients must act fast.

What To Know

The most important point to remember is that your case has more weight if evidence is presented in a timely manner. You need to gather information in a timely manner so you can present information to an attorney and begin the process of developing a claim. If you fail to act, then the period for filing a claim will conclude and you will be left helpless.

In a medical malpractice case you must be able to prove several elements to establish a substantial claim:

  • A physician, hospital or healthcare provider undertook care or treatment of a patient.
  • The provider did not perform standard care.
  • An injury was the result of the lack of standard care.
  • Damage must be proven (either physical or emotional).

Your Best Decision

Of course, as the patient or family, collecting and developing this information is difficult on your own. Also, if you haven’t had any experience with the law, you may not know which information to gather and which to compile. This is why you must speak with an attorney who specializes in personal injury law, especially medical malpractice. You need a professional who knows what they’re looking for and how to establish those elements listed above.

You can start the process by filing your claim to a personal injury attorney, to get the ball rolling. Some attorneys require a fee for the initial review of a claim; however, others do not. Once you have submitted your malpractice claim, the attorney will review it and consider the substantiality of the case. If it is determined to hold up, the attorney will pursue the claim and continue communication.

Again, it’s crucial that you contact a personal injury attorney as soon as possible and provide necessary information up front. Consider the 4 elements listed above and how those can be proven to substantiate your claim. Once you do that, just hope a settlement comes either out of court or through the work of a judge and jury.

5 Top Tips for Claiming for Accidents at Work

Over a million people have an accident at work in the UK each year. For the most part these are only minor incidents, but some are more serious and result in a personal injury claim being made.

Making a claim against your employer isn’t that different to any other type of personal injury claim. As long as someone else is at fault for the accident that caused your injuries, you could have valid grounds to make a claim. It is more common than you would think to fall of a ladder or to trip over some exposed cables in an office.

Unfortunately, a number of people who could make a claim are often quite reluctant to as they are not fully aware of the rights. It has been reported that people fear being treated differently at work or even being sacked if they make a claim. However, this is simply not the case and if this was to happen, you could make a separate claim for unfair treatment and dismissal.

Featured below are 5 top tips for accidents at work

  1. Hire a good personal injury solicitor who has handled similar cases before.
  2. Document the Accident by filling in your company’s accident book.
  3. Gather the details of any witnesses.
  4. Seek medical advice and treatment at the earliest possible moment.
  5. Gather as much evidence as possible to prove that someone else is at fault.

If you are considering making an accident at work claim, the first step in the claims process is to hire a personal injury solicitor who will be able to manage your claim. They will then be able to help you understand how to make your claim as strong as possible to ensure that you are in the best position to receive the compensation you deserve.

5 Things You Should Do Following an Auto Accident

(Guest post from a US author) Being involved in an auto accident can be an extremely frightening experience.  It can be even more frightening if you don’t know what to do immediately after an accident.  The moves you make after being in a car wreck are critical.  They are critical not only to your immediate well-being, but are important in helping you establish what exactly happened that caused the accident.  Below are 5 things you should do following an auto accident.

Call 911

No matter how minor you believe your accident was, it would be a good idea to call the proper professionals to assist.  911 and law enforcement can assist in a myriad of ways including tending to any potential injuries (both visible and internal) as well as directing traffic to keep you and other parties safe.

Take Photos

Once you have been checked and hopefully cleared from medical professionals, we recommend taking photos of the crash scene.  Documenting the scene will prove to be helpful so that details aren’t forgotten about and that eye witnesses can accurately support the evidence.  Pay careful attention to getting clear, up-close photos of any vehicle damage.  You should also note the time of day, weather conditions and any road signs that may be visible during the accident.

Move to a Safe Area

It is important that you and other parties involved in the accident don’t cause any further damage by being in the path of oncoming traffic.  If possible, move your vehicles to a safe area, but be careful not to alter anything in the car that could serve as evidence by a proper accident examiner.

Exchange Information

Although you should never take blame for an accident without having all of the facts gathered, it is a good idea to exchange information with the driver of the other vehicle.  This includes name, address, phone number and insurance information.

Hire an Attorney

You want to take every step possible to protect yourself from the negligence of someone else.  You shouldn’t have to pay for anything if you were not responsible for the accident.  Hire an auto accident attorney and let them walk you through the steps of what needs to be done if you have been involved in a car wreck. A professional auto accident lawyer can help you get the settlement and justice you deserve.

Reforming the civil law of damages

Guest post from Dallas McMillan’s injury lawyers in Glasgow (click here). Connect with personal injury specialist David McElroy on Google+ here and on LinkedIn here.

The law on key aspects of damages for personal injury should be modernised and simplified, according to a significant and wide-ranging consultation launched by the Scottish Government in December.

Suggested reforms

It seeks views on aspects of recent proposals from the Scottish Law Commission on:

  • reform of the law on damages for psychiatric injury,
  • the law on prescription and limitation (also known as “time bar”) for actions for personal injury;
  • and a range of related issues such as the Discount Rate; Interest on Damages and Periodical Payments.

Damages for psychiatric injury

The question of damages for psychiatric injury was addressed by the Scottish Law Commission (SLC) in 2004.

At issue is the liability of a person who causes mental harm to be suffered by someone, even though there is no actual physical injury. Examples include a mother seeing her child being killed in a hit and run accident or a construction worker seeing his colleague being dragged through a defective piece of machinery.

In very general terms the recommendations put forward by the SLC, and now the Scottish Government are:

  • people are expected to have a certain level of resilience. So there can be no liability where the mental harm results from things you would normally experience in life, such as bereavement.
  • the mental harm must be reasonably foreseeable and be a medically recognised mental disorder.
  • the person making the claim must have had a “close relationship with another person killed, injured or imperilled in the incident or was acting as a rescuer in relation to the incident.”

Prescription and limitation

This aspect of the consultation is based on SLC recommendations from 2007.

At the moment a person who has been injured must make a claim for personal injury within three years of the date on which he became aware that he had been injured.

So, very generally, a passenger in a car who broke his ribs and leg in a car accident must bring his claim within three years of the accident, otherwise it will be ‘time-barred’. But a man who  has contracted an industrial disease such as mesothelioma (which may take 40 years to develop) will have three years from the date at which he became aware that he had the disease in which to make his claim.

However, the SLC has recommended that this period be extended from three years to five.  It thinks that allowing a longer period will be welcomed, particularly in cases involving claims for occupational diseases, where gathering evidence to bring an action can be very time consuming and difficult – and may take longer than three years.

Impact of past reforms

The final aspect of the consultation looks at the impact that other recent reforms have made, asks whether they are working, and what other reform might be necessary.

In particular it looks at the impact of:

  • Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007
  • Damages (Asbestos-related Conditions) (Scotland) Act 2009
  • Damages (Scotland) Act 2011
  • The discount rate
  • Periodical payments
  • Interest on damages

Comments on the consultation are sought by 15th March 2013.

Contains public sector information licensed under the Open Government Licence v1.0.

http://www.nationalarchives.gov.uk/doc/open-government-licence/

What do I do if I receive negligent advice on my compromise agreement?

Compromise agreements are an essential element of employment law – they allow the settlement of potential employment disputes either prior to or during litigation and therefore reduce the costs of litigation, the stress of Employment Tribunal proceedings, and allow both the employer and the employee to limit their risk relating to any potential (or existing) proceedings. If an employee is seeking to enter into a compromise agreement then they must receive independent legal advice from a relevant (and suitably qualified) legal adviser. However, what happens if that adviser gives poor advice on the employee’s compromise agreement? Who does the employee have recourse against? What losses do they incur? In this post we’ll look at this issue by addressing the following elements:

  1. What is a compromise agreement?
  2. Who should I receive advice from on my compromise agreement?
  3. What happens if I receive bad advice on my compromise agreement?
  4. What can I do if I receive bad advice on my compromise agreement?

What is a compromise agreement?

A compromise agreement is a specific type of contract which is regulated by statute. It allows an employer and an employee to settle a potential or existing employment law dispute, with the employer offering some form of benefit (either financial or non-financial) in return for the employee agreeing that they will not pursue a claim against their employer.

Who should I receive advice from on my compromise agreement?

Under the Employment Rights Act 1996 the employee must receive independent legal advice from a relevant legal adviser. The agreement must identify the adviser and must state that they are independent of the employer. The meaning of “independent” is relatively straightforward – the adviser must not be influenced through any means by the employer or any other third party – whether this influence is personal or professional. So, who can be a relevant legal adviser? The following can be relevant legal advisers for the purpose of a compromise agreement (among others):

  1. A compromise agreement solicitor
  2. A barrister
  3. An appropriately-trained Trade Union official

What happens if I receive bad advice on my compromise agreement?

If you receive advice from a relevant legal adviser who isn’t suitably independent of your employer, the legal adviser isn’t suitably qualified, or you just receive bad advice then you may wish to take action against the adviser. You could potentially do this through a claim for professional negligence against the adviser. However, you must first show that bad advice was given, that you suffered loss, and that the loss was caused by the bad advice. This can

What can I do if I receive bad advice on my compromise agreement?

Redmans Solicitors are settlement agreement solicitors based in Richmond and the City of London.

Tired of Waiting for the Insurance Check?

(U.S. Insurance Law) If you purchased an insurance policy, you trust that when it’s time to file a claim, your insurance company will be there for you. Accidents, injuries and natural disasters such as an earthquake, hurricane, tornado, fire, hail, flooding and lightning should all be covered under these policies. However, when an accident happens or a disaster strikes, or you may be surprised to find that you’re given the run around when it’s time to cash in on your claim.

Filing a claim should be simple, especially after you’ve been paying out hard earned money on your policy all of these years. Unfortunately it’s not as easy as turning in your claim and getting a check for the damages. An insurance company usually launches an investigation and sends an adjuster out to look over the problems. Many times an insurance company will try to limit the amount of money an owner is due and outright deny the claim.

The following are some of the tactics you should be aware of when it comes to denying or limiting your claim:

Delaying Your Settlement

Be aware if an adjuster tries to delay or ignore your claim. This is a tactic used by insurance companies in hopes of getting the owner to settle on a lower amount because they are frustrated playing the waiting game. An insurance provider may also wait to give you your check until they have received reimbursement.

Not Enough Coverage

You may have looked over your insurance policy thoroughly to ensure that you have the absolute maximum coverage on your property. Unfortunately when it’s time to file a claim, you find out that you don’t have adequate coverage, and your claim has been denied.

Illegal Filings

An insurance provider may also accuse the owner of filing a false claim and deliberately eliciting illegal activity. For example if you file a claim for fire damage, an insurance company may say that the owner purposely set fire to the property and committed arson.

Not Fully Understanding the Policy

When you met with the insurance company to go over your policy, you probably thought you understood the package that you signed up for. However, once you’ve filed a claim, you’re meant to feel like you’ve misinterpreted everything that is covered in your policy.

Low-Ball Offers

Owners that suffered damage in famous hurricanes such as Katrina and Sandy found out firsthand how difficult it was to reap money for the losses that they incurred. One homeowner had over $150,000 worth of damage to her home. When she filed her claim, the insurance company offered her a check for $40,000. Another business owner was paying into a policy for $300,000. When it came time to file his claim, the fine print read that his deductible was $16,000. Not only do many of these owners not receive the proper compensation, they have also had their policies quadruple from their original price.

There are a number of techniques an insurance company will try to do to deny or lessen your claim. Delaying your check keeps the money in their pockets for a longer amount of time and only frustrates you. This can constitute insurance bad faith, and you’ll need the help of an experienced and knowledgeable property insurance lawyer to file suit against the insurance company to help get what you deserve.

Legal researcher Shelby Warden had to deal with several of these tactics when trying to recover damages from a hurricane. When insurance companies delay payment or refuse to pay, property owners turn to the aggressive property insurance lawyer team at Doyle Raizner LLP because of their in-depth knowledge of state and federal insurance laws and established legal reputation. The firm has decades of insurance defense experience to challenge insurance companies who are focused on their own profits.

Top Five Injuries Caused by Car Accidents

(U. S. Personal Injury Law and generally) There are over 6.4 million car accidents annually in the U.S., and approximately 1.5 million people are injured as a result. Although some injuries are extremely minor, they can still cause a disruption to the afflicted party’s daily life for a while, and medical bills are common regardless of the severity of the injury. The following list examines five of the most common injuries that occur in the U.S. each year due to traffic accidents.

1) Whiplash – Also known as a connective tissue injury, whiplash is by far the most common injury that American drivers receive during a car accident. Whiplash is so common, in fact, that approximately 3 million Americans will be diagnosed with it each year as a result of traffic accidents, playing sports and several other activities. Whiplash is characterized by stiffness in the neck and back, and it can cause long-lasting issues if it is not treated properly.

2) Back Injuries – There are a lot of different back injuries that a driver or passenger can suffer from after an accident, and they are caused by the violent motion that occurs when your body quickly moves forward during impact. Back injuries can range from moderately painful to life threatening, so it is important to seek medical attention immediately, especially if you are having difficulty moving.

3) Concussion – A concussion is the most common traumatic brain injury, and if left untreated, it could lead to deadly consequences. Fortunately, most patients who have been diagnosed with a concussion will only experience mild head pain and a drowsy sensation. This injury typically happens during a car crash when the driver or passenger’s head collides with the steering wheel or dashboard. Although scientists and doctors are still studying exactly what happens during a concussion, it is believed that the patient’s brain is impacted by both neuropsychiatric and structural factors.

4) Spinal Cord Injury – Damage to your spinal cord can lead to a disability, so it is vital to get to the hospital immediately if you exhibit any of the signs of this injury, including the inability to move and tingling or numbness in any part of your body. If the injury is not treated promptly, you could become paralyzed, and this could cause you to become partially or fully disabled.

5) Head Injuries – Some people will be lucky enough to receive a head injury without actually developing a concussion. In these cases, it is typical for the afflicted party to receive superficial wounds to their head during the accident. Head injuries can also cause headaches, and they can be closely related to traumatic brain injuries. Therefore, even if your head appears to be okay, you should still go to your doctor for a full checkup to ensure that you are not putting yourself at risk for future complications.

Other common car accident injuries include broken bones, post traumatic stress disorder and open wounds. In some cases, people are even burned due to leaking fluids or fire. If you are injured in a car accident, it is important to seek medical attention immediately. You should also consider contacting a personal injury lawyer, especially if your injuries are severe. After all, if you were not at fault for the accident, you should not have to pay for your medical bills. When considering  a personal injury attorney Atlanta has some of the highest rated in the country.

Anthony Joseph is a freelance writer who enjoys discussing current legal issues, and contributes this article toward helping educate others on driver safety. Stokes & Kopitsky is a personal injury lawyer Atlanta-based firm that has represented thousands of clients who have been injured due to the negligence of others. Their attorneys make every effort to win the maximum level of compensation for the client.

5 Cities With High Motorcycle Accident Rates

(U.S. Personal Injury Law and generally) Approximately 4,800 motorcyclists become traffic fatalities each year, and an additional 88,000 will be injured in highway accidents. This number is greatly disproportionate to other traffic accidents. In fact, motorcyclists are over five times more likely to die in an accident than people who are driving a passenger vehicle. Because of this, it is imperative to always wear a helmet and proper safety gear to reduce your odds of becoming a traffic fatality statistic. Although you will be at risk anywhere that you drive a motorcycle, the following cities have a higher than average rate of bike accidents.

1) West Palm Beach, Florida – Florida in general has a high overall accident rate for motorcyclists, but West Palm Beach is definitely an area where you will need to be especially careful. Not only is there a lot of traffic in the city, but the natural beauty of the area can cause drivers to become distracted. With all of these things to look out for it, it is no wonder that 350 people died while driving a motorcycle in Florida in 2010, leaving West Palm Beach injury lawyers busier than ever.

2) Las Vegas, Nevada – The bright lights of the Las Vegas Strip can cause anyone to become distracted and even disoriented, and when you combine that with a constant stream of traffic, it provides an environment that is extremely dangerous for motorcyclists and drivers of any other type of vehicle. Nevada averages almost 10 deaths annually for every 100,000 registered motorcycles, and that places it as one of the highest risk states for bike owners.

3) New Orleans, Louisiana – The Big Easy has a high concentration of motorcyclists and moped drivers, and this makes accidents very common. Approximately 10 percent of all fatal traffic accidents that occur in the area involve a motorcycle, and Louisiana is also ranked as one of the 12 worst states for motorcyclist safety. The heavy traffic congestion in New Orleans is definitely a leading cause of bike accidents, and the nonstop party attitude that takes over certain areas at night can also cause serious issues.

4) Baltimore, Maryland – An average year in the state of Maryland will include at least 1,800 motorcycle accidents, and many of them take place in or near Baltimore. These accidents are in part a natural extension of being in an area with a lot of traffic, but it is also likely that the unusual design of the city’s freeways causes a lot of issues for motorcycle drivers.

5) Atlanta, Georgia – Driving a motorcycle anywhere in Georgia is statistically riskier than the majority of the country. In fact, the odds of dying or being seriously injured in a motorcycle crash are approximately double the national average. Atlanta is a particularly dangerous area because of the heavy traffic congestion. The extremely hot summers can also influence motorcyclists to go for a ride without wearing enough protective gear.

If you are injured in a motorcycle accident, you should contact a personal injury attorney as soon as possible. By taking proper legal action before your state’s statute of limitations runs out, you may be able to recoup all of your medical expenses. Even if your injury was not extremely serious, you should still ask an attorney for advice if you incurred any out-of-pocket expenses as a result of another person’s negligence.

Anthony Joseph is a freelance author who enjoys writing about interesting legal issues, and contributes this particular article to help promote safety on our roadways. Steinger, Iscoe & Greene are West Palm Beach injury lawyers who have represented hundreds of motorcycle accident victims. With a team of 26 lawyers, they have nearly endless resources and experience to bring to the table when defending you.

Public Transit: Another Day, Another Accident

Most people realize that public transportation provides a great service for cities and towns where it is present. It eases traffic congestion, is good for the environment and provides a method of transportation for those who otherwise wouldn’t have it. Another benefit is the fact that public transit accidents are believed to be less frequent than other types of accidents. This is obviously true since there are fewer public transit vehicles out there and thus a lesser chance of them being involved in accidents. Recent news stories, however, are beginning to reveal how dangerous this transportation option can be.

Repeated Accidents

Although public transit is usually seen as safe, it almost seems as if a new headline story involving accidents in these vehicles happens every day. The beginning of February 2013 was especially detrimental. On the second of the month, a bus in Boston struck an overpass while driving down a road which restricted vehicles of its height. Four people were sent to the hospital with serious injuries; one passenger’s injuries were life-threatening.

As if the Boston accident wasn’t enough, another bus in a mountainous area of California crashed one day later. The death toll of this accident was initially reported to be eight, but officials said that this number could rise. Officials were investigating whether or not driver fatigue could’ve been involved, but they’ve begun seriously looking into the idea that the brakes on the vehicle may have failed.

Is Public Transit Safe?

There’s no doubt that public transit probably saves numerous lives every year. The National Safety Council reports that riding a bus, for instance, is more than 170 times safer than driving in a car. This makes public transportation a safe option for anyone who needs it. Unfortunately, just like any other mode of transportation, when public transit is combined with human error or negligence, there is a high likelihood of injuries occurring.

The United States Department of Transportation reports that the number of public transit deaths exceeds 50 people every year, and many others are seriously injured due to accidents. While accidents are unlikely, this fact does little to help the people who are actually involved in the wrecks. That’s why it’s essential for people to respond appropriately when involved in such an accident.

Responding to Public Transit Accidents

Those who design, manufacture, sell and operate public transit vehicles have the duty to make sure that the vehicles are safe. When any of these people fail in that duty, serious injuries or, as mentioned above, deaths can occur. Regardless of whether you ask one of the lawyers in your area or one of the Charleston injury lawyers near me, they will undoubtedly agree that these types of accidents usually result in excessive losses due to medical bills, lost time from work, long-term care or funeral expenses.

It’s absolutely imperative for anyone injured in a public transit accident to seek legal help as soon as they’re capable. It is simply unfair for a person to have to struggle with bills due to the fact that a supposed public servant acted in a neglectful manner. Attorneys are experienced at ensuring that people receive compensation for the injuries that they suffer, so this is often an injured person’s best option.

There’s no doubt that public transit is a great service for those who use it, but unfortunately, human error and flat out negligence can make these modes of transportation much less safe than they’re supposed to be. Anyone who experiences one of these accidents can face serious injuries, medical bills and unfortunately, even death. Only if those at fault are held responsible for their neglectful actions can we hope that public transit will remain a safe option.

Legal researcher Shelby Warden contributes this article to help raise awareness of safety issues with public transportation. The Charleston injury lawyers at Howell and Christmas, LLC, are dedicated to protecting the rights of the injured and their families in South Carolina. Their team is ready to go to court and fight to get you all of the compensation you deserve for your injuries, medical bills, lost wages and other damages.

Practising Safety at Work

Workplace injuries can be costly for businesses to contend with. The most obvious expense associated with workplace injuries relate to the associated liability. A worker may file a personal injury lawsuit associated with negligence or an unsafe workplace, for example, and the court may rule that the company reimburse the worker for medical expenses, pain and suffering, lost wages and more.

Business insurance may cover such expenses, but not all related expenses may be covered. Other expenses associated with workplace injuries may be more difficult to identify. These expenses relate to employees taking time off from work to tend to minor injuries, the cost associated with training new employees if the worker is unable to return to the position, expenses associated with replacing damaged equipment or property and other expenses. Practicing safety at work can provide you with many financial benefits.

Identifying the Most Common Types of On-the-Job Injuries
When most people think about workplace injuries, they may think about line workers being injured by equipment or construction workers falling. However, the most common injuries for workers in 2012 were injuries caused by sprains and strains typically caused by an “overexcertion in lifting or lowering.” Other work-related injuries include the worker being caught in or under machinery, falling from an elevated surface, falling on a flat surface due to tripping or slipping, or being impacted by a flying object. According to Bureau of Labor Statistics, the most common cause of work-related fatalities was roadway incidents.

Identifying Hazards in Your Workplace
One of the first steps that businesses can take to improve safety involves identifying hazards. You may consider assigning a team of workers to identify different known hazards or to interview other employees. This canvasing approach may be revealing to management and business owners. However, you may also consider hiring a workplace safety contractor to visit your facilities and identify OSHA infractions and other possible hazards. Through these steps, you can determine areas that must be revisited in your workplace to minimize the risk of accidents and injuries.

Training Options
You should also consider the benefits associated with a workplace safety training program. Different training videos or seminars can be used for employees in different positions. For example, delivery drivers could be trained on proper driving safety and lifting techniques. Office workers can be trained on proper ergonomic positions and identification of hazards in work rooms. Contractors can be engaged to provide this type of training on your behalf, but larger companies may utilize internal human resources with training in this area to establish training programs.

Employee Expectations
It is important for employees to be held accountable for their own actions, and because of this, businesses should establish reasonable standards and expectations. For example, line workers should be required to wear certain types of comfortable footwear and shirts that have form-fitting sleeves. Employees should be required to smoke in designated areas or off the premises to prevent fires and for the safety of other employees. These guidelines should be clearly written, and employees may be asked to sign them. Furthermore, management should make an effort to enforce these expectations and requirements.

Many workplaces could be safer than they are today. Workplace injuries often result in liability cases, increases in insurance premiums, decreased productivity and other expenses, so companies should strive to improve the safety in their workplaces when possible. Take time to implement these safety steps in your facilities today, and you may find that workplace injuries decrease in your company. An attorney specializing in personal injury law can help advise on the best course of action that your company should take.