Personal Injury Law Blogs

Ways to Protect Yourself After a Subway Accident

(U.S. Personal Injury Law and generally) The subway systems of many U.S. cities are a convenient and cost-efficient method of transportation. They are also routinely crowded and extensive, such as the Manhattan Transit Authority. It is important to always be aware of the specific locations within a subway system because NYC subway accidents can happen quickly and establishing negligence can be problematic. Taking similar trains on a regular basis can be helpful in many transportation situations, though this is not always the case. Using caution while accessing and using the subway system is an effective personal policy in most cases, but the subway can still be a scary place in the wrong situation.

Actions in The Event of An Accident

The first thing an injured person should do in a subway accident is seek immediate medical attention. Even if the injuries are minor, delaying treatment can impact a claim easily. Waiting to receive medical treatment can be a mitigating circumstance in establishment of negligence. It is important to always notify transit authorities as soon as possible, even if the contact must be done by a representing party. Some individuals, such as a spouse, can act as the duly-appointed representative for an injured party, but this representation can also include a personal injury attorney.

Confer with An Attorney Quickly

All municipal subway transit authorities have a designed time period for filing a personal injury claim. An experienced personal injury attorney can investigate an injury claim as the result of an accident and recommend a plan of legal action. Personal injury attorneys normally will not waste time on difficult cases. If the attorney offers their professional representation, then the chances of a reasonable claim settlement are usually sound.

Do Not File without An Attorney If The Injury is Serious

This is no process for the claimant to pursue on their own accord. Minor accidents or injuries that are obvious cases of neglect may be a reasonably simple process, but for cases involving punitive damages an experienced attorney is necessary. Establishing negligence is necessary, so it is often a good idea to go back to the scene of the accident or injury to review what actually happened. The transit authority version of events may not be the same as the lawyer’s version in the claim. Serious injuries are often highly contested, or delayed in settlement. All initial case evaluations are free, so the cost of beginning a claim can be minimal.

Expert Testimony

Very often it is necessary for personal injury attorneys to employ professional experts to verify the particulars in a personal injury claim. Medical professionals fall directly in this group who can testify to the extent of damage and recovery periods, including ability to work. Recovery of lost wages is standard compensatory claim, especially in clear cases of neglect. Other attorneys can also act as experts in negligence rulings, as each case is usually unique in material facts. Most personal injury attorneys have various experts within the firm’s operational network.

Personal injury claims in most cities are covered by a 90-day statute of limitations, so it is important to avoid delays in filing any claim. Hiring an attorney quickly can result in a valid and timely claim, as solid professional representation can ensure that the case is covered and the injured claimant can concentrate on physical recovery when possible.

Author Anthony Joseph is a freelance writer likes to discuss current events, and contributes this article to promote transportation safety. The Perecman law firm is New York based, and represents victims of NYC subway accidents. Thousands of people in New York ride the subway to work and school, and when they step on the train they don’t expect to be hurt. As careful as we sometimes are, these accidents do occur and need to dealt with very carefully.

North Carolina’s Deadliest Accidents: The Dangers of Rural Roads

rural roadsOften considered as one of the “jewels” of the south, North Carolina is a popular tourist destination for individuals from all parts of the world. Though there are a few large cities in the state, North Carolina is considered by most experts to be a relatively rural part of the country. It should come as no surprise, then, that many of the roads in North Carolina—especially in areas with low population densities—are less than ideal. Understanding the dangers of these rural roads, and how they can be managed, is essential for those who wish to ensure optimal results when driving in this part of the country.

 

Sharp Corners

Unlike highways and expressways, which are often designed to be as straight as possible, country roads may bend and wind for miles on end. In most cases, the large farms and private property owned by landholders in North Carolina dictate the road routes. Unfortunately, these country roads feature a number of sharp turns and corners, some of which can be deadly—especially for drivers who are not familiar with the area. Traveling at a cautious pace and anticipating curves in the road is an effective way to avoid disaster when it comes to driving in the country.

 

Narrow Shoulders

The shoulder is traditionally defined as the part of the road that connects the outermost driving lane to the edge of the motorway. Shoulders are often considered to be essential when it comes to increasing road safety, as they serve as a “safe zone” in which bikers, joggers, and even damaged vehicles may travel. Unfortunately, space limitations mean that most country roads have a relatively narrow shoulder—if one is present at all. This can be dangerous when a breakdown occurs, as there may not be a secure place to pull over.

 

Limited Visibility

Obviously, driving on a country road can be a dangerous activity—especially at night. Unlike roads in urban areas, which often feature abundant amounts of artificial lights, visibility while driving on country roads is often quite limited. In fact, most drivers must rely only on their own headlights when it comes to maximizing visibility in the country. While hitting another vehicle is a serious threat in low-light conditions, striking an unseen animal is even more likely. In most cases, these types of accidents can lead to serious damage to the vehicle, and may even result in personal injury.

 

Poor Surface Conditions

Finally, Readers’ Digest reports that the condition of country roads may be one of the most dangerous aspects of driving in rural areas. Country roads often feature cracked other otherwise damaged surfaces, which can make driving—and stopping—quite a challenge. In addition, some country roads may not even be paved at all, but rather might simply be covered with a thin layer of gravel. Research shows that stopping a vehicle on a gravel road may take twice as long as the same stop on a properly paved surface.

No matter where you are driving it is important to pay attention to your surroundings and be alert. Accidents can happen at a moments notice, the only thing you can do is make sure you are as prepared as possible.

 

Teague & Glover, P.A. is a personal injury law firm located in Elizabeth City, North Carolina. For more information, please visit us at www.teagueandgloverlaw.com.

How Much Does it Cost to Hire a Personal Injury Attorney?

“How much does a personal injury attorney cost?” is a question I receive fairly often.  If you find yourself in need of legal assistance, then this question is certainly a good question to ask.  How many times do we hear about outrageous legal fees in the news and media?

The number one objection most of us have, when deciding whether or not to hire someone for a service, is how much the service is going to cost us.  This rings especially true when we are strapped for cash-as is often the case following an accident or injury.

If you are out of work due to an injury, then money and cost is going to weigh heavily on your mind.  Believe me I understand.  As a personal injury lawyer from Massachusetts I work with people in dire financial circumstances each and everyday.

Fortunately lack of money does not have to mean lack of personal injury representation.  Let me explain why.

(more…) “How Much Does it Cost to Hire a Personal Injury Attorney?”

How can technology aid distracted driving

Driving requires the person behind the wheel to be nearly 100 per cent focused on the road and the environment surrounding the car. Anything, whether inside or outside the car, that distracts the driver can compromise their safety as well as that of the passengers. Is there a way for new technology to assist the drivers in keeping their concentration on the wheel?

Cell phones and driving

Statistics have shown that a large percentage of driving accidents are caused by mobile phones. Ever since cell phones were made available more than a decade ago, there have been an increasing number of automobile accidents caused by gadgets. Below are some of the instances when a cell phone can distract the driver:

  • When they receive a call, text or notification, the device emits a loud attention-grabbing sound if they didn’t set their phone to silent.
  • When the driver reaches out to their phone in order to answer the call or read the text.
  • When the driver responds to the text message by typing a reply to the sender.

These distractions may not seem that long for anyone, but there could be critical moments which may happen in just a short amount of time. For example, a person is about to pass an intersection and answers their phone while the traffic light is showing green. They might miss seeing someone crossing the street whose attention is not on the vehicle and the traffic light. It is clear to see how mobile phones contribute to the number of accidents that have happened.

Numerous states around the world have issued laws which prohibit the use of cell phones while the vehicle is in motion. Offenders caught are required to pay a fine as posted by the state and will have a mark on their record.

Technological aid for distracted driving

There are numerous ways where technology can help drivers avoid any distraction caused by mobile phones. Here are some of them:

  • Hands-free usage – There are mobile phones with voice command features where the user can answer calls without touching their phones. These phones also have a built-in speaker which provides a loud and clear volume to hear the caller. The only problem with voice command software is the chance of not recognising the command, distracting the driver even more.
  • Call and text blocking software – There are services available where an app can use the built-in GPS or camera to detect if it is inside a moving vehicle. The app will block the calls and texts once it knows the automobile is in motion. It will send an auto reply to any call and text the phone receives. This technology offers a great benefit in avoiding any distraction. However, the app and service is still too expensive for the average person to afford.

Technology is just supplemental help for anyone to avoid the distraction posed by the use of their cell phones. Discipline will still help them keep their focus on the road to avoid making any mistake a compensation or accident lawyer can correct.

Targeting whiplash claims will only result in more suffering

Justice secretary Chris Grayling recently outlined proposals to change the current regulations regarding personal injury road traffic accident claims. The Government predict it will benefit honest drivers who have had to bear the price of a system that has often been open to abuse from frivolous claims.

The new proposals, which are to be considered in March 2013, include independent medical panels to assess the validity of whiplash claims, and enabling more cases to be challenged in small claims court by raising the threshold from the current level of £1,000 to £5,000.

I agree with ministers that more needs to be done in order to curb the number of fraudulent claims made in the UK. Currently an estimated 1,500 whiplash claims are made every day and insurers estimate this is costing as much as £2 billion a year. However this latest proposal could make it far more difficult for genuine claimants to pursue justice and receive the compensation they are rightly entitled to and I worry the Government underestimates the complexity of many cases which are affected.

Further changes in April

The proposed measures are in addition to a number of changes already being introduced in April, including a major adjustment to Conditional Fee Agreements (CFA’s) which aims to cut legal aid and rebalance ‘no win, no fee’ cases so losers don’t have to pay a fee to the claimants lawyer.

The wider implication of all these measures is that they seem to be designed to cut down all claims, not just the fraudulent ones. For people suffering with personal injuries as a result of an accident, the reforms are likely to make it more difficult for litigations in person to actually process the claims and could put off many victims who are suffering from a serious injury due to the fear of losing the case.

The consultation paper itself even acknowledges that the changes could harm the access to justice and result in victims with justified injuries failing to claim proper damages, or refusing to challenge unreasonable offers by insurers.

Will it affect your car insurance premiums?

Research has found that although fraudulent claims are on the rise, only 7 per cent of current whiplash claims are found to be false and experts predict that the proposals are highly unlikely to have any sort of impact on car insurance premiums.

It does mean however that it has never been more important for people who have genuine injuries to seek legal advice straight from qualified legal experts who have a proven track record for dealing with such matters and have successfully secured compensation for their clients.

Anybody who has suffered a serious personal injury should talk to a solicitor about the sort of legal action they could take before the changes come in March and April to ensure they still qualify for the likes of Legal Aid.

This post was provided by Alkers –  personal injury solicitors, of Lancashire, UK.  If you’ve been injured in an accident in the UK that wasn’t your fault, take a look at their personal injury compensation calculator to see how much you could claim.

Misdiagnosis and searching online

Following a recent post on one of our blawgs about ‘misdiagnosis mayhem’ which cited issues with searching Google and other search engines for symptoms and medical treatment solutions, a new video has been published outlining some recent statistics about people searching for a diagnosis for their illness or condition. Please see the video below for some useful information and statistics, first published by insurancequotes.org here:-

See the original Daily Mail article for further analysis and comment. Particularly interesting is the fact that the headline statistic “How a quarter of British women misdiagnose illness by looking up symptoms on the internet” suggests that 75% of women are getting their diagnosis correct through use of the web alone.

What about those who have misdiagnosed their illness following a search on search engines such as Google? Could they sue the search engine? The short answer would be “no”. Google and other search engines are generally considered to be merely facilitators of information, mere ‘conduits’. They are not the publishers, as case law around the world has generally held, for instance in respect of defamation (sometimes foreign courts see things differently, for instance in respect of autocomplete results but that’s again in a defamation context) See this Out-Law article for further analysis on that point.

And, at the same time, such search engines do facilitate the ability for you to find a doctor online!

Any further comments on this subject welcome below.

Accident Aftermath: Do I Have a Personal Injury Claim?

After having suffered a serious injury, so many thoughts run through your mind that it can be difficult to think clearly. The trauma of being hurt turns your world upside down, and you may think you have nowhere to turn. In the aftermath of an automobile accident, falling down in a store or restaurant or being bitten by your neighbor’s dog, the chaos and confusion that follows can become overwhelming.

A Good Attorney is Your Best Ally

No one expects you to know the complicated details involving in determining whether your injuries were caused by someone else’s negligence. That’s what qualified personal injury attorneys are for. Finding a lawyer with years of experience dealing with insurance company investigators and claims adjustors, expert witnesses in the medical profession and going to trial to fight for an accident victim’s legal rights will mean you don’t have to worry about what to do next – they’ll be there for you every step of the way.

At first, figuring out who is responsible for your injuries may seem simple. But there are so many facets to every part of the law governing personal injury negligence, you really need someone on your side who has “been there, done that”. Let’s face it – insurance companies do not like to pay out big financial settlements to those claiming they were injured in an accident. You can bet they’ll put their best lawyers on your case – which is exactly why you need your attorney to do the same thing.

Don’t be Intimidated

Insurance companies often use intimidation and fear tactics to attempt to get you to settle your injury case without hiring an attorney. If you’ve suffered a serious injury that you feel may effect you for a prolonged period of time, the best advice is DON’T answer their questions without speaking to your attorney first. Once you’ve hired a personal injury lawyer to represent you, simply provide their name and number to whoever is seeking information. The insurance company’s investigators, and the type of questions they ask, will seem innocent enough, but you can be certain their sole purpose at the end of the day is to compensate you as little possible.

Your personal injury lawyer will ensure that every effort is made to get you the highest amount of financial compensation you deserve. They will know how to fight on your behalf for things you may not have even considered – like if you are unable to go back to work because of your injury, or may need extensive physical or rehabilitative therapies for the rest of your life.

Don’t let the confusion and uncertainty of being injured keep you from getting what you are entitled to under the law. Take action immediately, as Florida has recently enacted laws that greatly restrict the amount of time you have to seek financial damages from an insurance carrier or other party. A qualified personal injury lawyer should be willing to meet with you to talk over the facts of your situation, at no cost to you.

In an Accident? Sometimes, Less is More

With so many drivers on the roads today, hardly a day goes by that I don’t see an accident. From minor fender-benders to major, devastating wrecks, our roadways are littered with the results of someone being careless, irresponsible or negligent while behind the wheel. Some of the people involved end up in our offices and there is always so much I wish they knew before they were in an accident.

The police will likely show up to investigate – even if you or the other driver don’t call them. Often, a witness who saw the accident will dial 911 to alert the authorities. In most instances, as the police prepare their report of the accident, they do their best to try to figure out just who was at fault.

Think Before You Speak

But there are some circumstances in which things are not always as simple as they appear, and by talking to the police about your version of what happened, you can actually make things worse. Whether or not you decide to say anything to the police – in Florida, all you legally have to provide is your license, vehicle registration and insurance information – sometimes the “less is more” rule is applicable.

Don’t Inadvertently Admit Guilt

Even though you may feel you had no direct responsibility for causing the accident, the words you use with the police officer can give him a different impression. After you’ve been involved in a crash, especially one involving a serious injury to you or your passenger, your mind is racing, full of all types of thoughts about what happens next. So its easy to understand that you may not be thinking clearly, and may inadvertently say something to incriminate yourself. Of course, even if you say nothing at all, the officer may issue you a traffic citation. If you disagree, you can always show up in court to give your version of what happened.

What you say – or don’t say – following a serious accident will become extremely important once both drivers’ insurance companies get involved. Not surprisingly, insurance companies don’t want to pay a claim if they don’t have to. Your testimony – what you told the investigation officer – becomes critically important at this point. You should also remember that police reports become public record after they are filed. So, if there are any other facts involving the crash that you may not want known to the public, it’s too late.

The bottom line is to try to remain calm, think carefully about the words you choose, and never implicate yourself as the responsible party. Just provide the facts, don’t say “I’m sorry”, and allow the police to come up with their conclusion.

If you’ve been injured as the result of an accident in which you feel someone else was negligent and you need help, it is important to contact a qualified personal injury lawyer immediately. They will aggressively fight to make sure you receive the financial compensation you are entitled to under the law.

How to Deal with Injury when driving a Company Car?

Even though we don’t like to think about it, car crashes occur and company cars are in no way exempt from the problem. In fact, statistics show that although company cars are more inclined to drive on the motorways, where accidents are less frequent; these accidents are by far more serious.

Of course, the other side of this is the fact that many company cars spend a lot more time on the road and do a lot more driving than the average car. These factors mean you need to be protected when travelling and insurance and being able to claim if injured is a necessity.

Injuries Happen

Unfortunately, car injuries happen and you can suffer anything from concussion and bruising, to back injuries and issues with the head, or even dare we say loss of a limb or organ damage.

It’s often the case when such things occur for businesses and employers the employee works for to disclaim any responsibility. Many employers try to prevent the employee from claiming for injury, mental problems or other problems that are caused by a car accident. Simply, this is to cut down on the cost of insurance for the next year and prevent a rise in premium.

For the employee in the car crash this can mean extra stress and worries to contend with and also creates problems between them and the business they work for.

Of course, if they are unable to work or have to pay hospital bills for treatment this can create obvious issues in the financial and mental stakes.

There have been many cases too of injuries and car crashes being caused by poorly maintained cars and autos that weren’t cared for and were close to being a scrap car. This is commonly the case of the auto comes from a car leasing company and the business doesn’t show the care it would for the car as it would if it were its own asset. This often leads to personal injury and car accidents.

What to Do

If you have been injured by no fault of your own and had a crash in a company car you will be covered by the insurance that your employer pays – that’s what it’s there for. You have every right to claim for personal injuries and compensation in such a scenario and will be legally entitled to all the care you would in any other accident scenario. Time off work until you are better and treatment may all be included here.

If you have any worries a good claims company will help with the issue and ensure it all runs smoothly without the need for worrying. So, you can get back to full fitness and your position without a need for care.

So, if you do end up in this scenario and think you will have problems, use a good claims service to get you what you deserve.

Cormac Reynolds writes for  http://sellyouroldcar.co.uk and has written numerous articles in the law and insurance area.

 

Breast Cancer Misdiagnosis? Get Legal Help

One of the most common forms of cancer affecting women around the world is breast cancer; in rare cases, it affects men, as well. In any of the incidents where you or any of your loved ones have been suffering from breast cancer and the doctors fail to diagnose it or misdiagnose it, there are many legal solutions and rights, which can offer deserving relief to the family members of the patient.

Breast Cancer Misdiagnosis Has Serious Repercussions

You might have come across a number of stories in magazines and on web sites about patients who were misdiagnosed with breast cancer and the trauma they had to undergo. When the GPs or the doctors in the hospital fail to give the right diagnosis, it is considered one of the most serious forms of medical negligence. Besides, when a hospital fails to detect breast cancer in scans and investigations, the situation worsens.

Cancer is one of the most dreadful diseases, and it claims many lives every year. It can happen in any part of the body. If left undiagnosed, it spreads rapidly to all parts of the body. Sadly, this disease goes undiagnosed in many patients, and puts the patient and his/her family through a great ordeal. If a doctor has misdiagnosed breast cancer or failed to detect it in its early stages and patient undergoes pain or death, then there is every reason to take legal action against the doctor and the hospital.

How Does Misdiagnosis Happen?

There are different cases where breast cancer can go undetected. As a part of the procedure, a patient is required to contact her GP before consulting any other doctor for her ailments; however, if the GP is not a specialist in specific fields, then he may not able to recognize the cancer building up in the breasts. In such cases, the GP might or might not refer the patient to the right specialist. This might delay the diagnosis of the cancer. However, if the GP suspects a cancerous growth, he performs a biopsy to confirm it. At this stage, if the results are incorrect, the cancer is missed. However, if the results of the biopsy are positive and the Radiologist declares the tests to be positive, you get time to undergo treatment. If the Radiologist misinterprets or misreads the test results, you are again left with the wrong diagnosis.

On the contrary, there are also many breast cancer misdiagnosis stories where a patient does not have cancer, but is told that she does. She undergoes treatments like chemotherapy, radiation, and surgeries and so on for days, months and even years before learning the truth.

Legal Actions against Misinterpreted or Misdiagnosed Breast Cancer

If you or anyone in your family has undergone the trauma of losing someone due to misdiagnosed breast cancer, the experience would be not less than devastating. Though things look hazy after the loss, you must get the courage to seek legal help from a personal injury attorney. Though he cannot give a person their health back, he can definitely help you to recover the medical expenses, lost income, funeral expenses and any other cost incurred in the course of the treatment.

As such, situations demand extreme sensitivity in the initial stages of the investigation, it is difficult to estimate the monetary value. The state government has placed a cap of $250,000 to $750,000 on the compensation.

If you wish to fight the case of misdiagnosed breast cancer all alone, it will be very difficult. A medical malpractice attorney knows all the legal implications of such cases and fights in your favor accordingly. Such Attorneys fight similar cases day in and day out, so they are familiar with the whole system. This helps them to manage your case effectively and get you compensation.

For more information about how to log a case and fight it effectively, contact a medical malpractice attorney in your city. Usually they offer you free advice and support in all possible ways.

Sam Moser is a journalist who studied law before deciding that covering legal matters was more rewarding than defending them.   He has been