Personal Injury Law Blogs

How much is your personal injury claim worth?

Guest post taking a look through the different types of personal injury claims and the compensation available.

In the UK, hundreds of thousands of accidents take place every year where people sustain injuries that were not their fault. If you or your family member have suffered from an accident or injury and were not to blame, you could be entitled to compensation.

To find out how much your personal injury claim is worth, you should get in contact with a personal injury solicitor. The legal team will be able to handle your claim, ensuring that you get the right level of compensation.

The settlement you achieve will usually depend on the severity of your personal injury. A claim involving paralysis, brain injury or sight is typically higher due to the dramatic effect that such injuries can have on the victim’s quality of life.

Of course, a personal injury can have various degrees of severity. Therefore, the compensation available will differ dramatically depending on its seriousness. For example, chest injuries can vary from total removal of a lung to fractured ribs. The more severe claims are likely to receive a higher level of compensation as the damage would have a significant impact on a person’s work and professional life.

Also, personal injury compensation can depend on individual circumstances. If you have suffered from a loss of earnings as a result of your accident, you are likely to receive a higher settlement. Also, medical treatment, care and services or post traumatic stress can influence your claim for damages. Meanwhile, age and gender can play a part in the process, affecting the amount of compensation you receive.

To find out more about how much your personal injury claim is worth, it is vital that you contact a personal injury solicitor. As your financial settlement is subject to a number of circumstances, they will be able to talk you through your claim, advise on the best course of action and provide legal and medical support so that you receive the right level of compensation.

Why Are Class-Action Lawsuits About Drugs So Common?

If you have watched more than two hours of nighttime television in the past three years you have undoubtedly seen the advertisements sponsored by some a law firm urging viewers to file a claim for  “compensation” under the terms of settlement in some class action lawsuit if they have used some prescription drug or other such medical product. Based on the number of such ads, one might conclude that the Food and Drug Administration has been lax in its duty to protect the public. Unfortunately, a simple review of the terms of settlement in the majority of class actions lawsuits will demonstrate that the purpose of such advertisements is to generate attorney’s fees that are to be paid out of the funds that are supposedly set aside for “victim’s compensation.”
In class action lawsuits, and regardless of the dollar amount of settlement, the attorney’s for the original plaintiff are paid first. This will immediately decrease the funds available for the individual victim’s compensation by anywhere from 20% to 33%. Only after those fees are paid is compensation awarded to the original, or “lead,” plaintiff.

As a part of the settlement agreement, the court must approve each later plaintiff’s claim to compensation.  Given the possibility that there could potentially be millions of such claims, the courts will allow a “general settlement” to be applied to such later claims. Such later claims are rarely paid in cash but rather in the form of “coupons” such as certificates for free or discounted purchases of the defendant company’s products. The dollar value of such coupons is always stated in “retail” cost, even though the cost to the defendant company is usually considerably lower.  So why, you might ask, are there so many lawyer ads on television?

These lawyers will offer to “advise” their advertisement-recruited clients on how to file a claim for compensation and even file the necessary paperwork with the court on their clients’ behalf, all without charge to the client. The law firm then bills the court and is paid from the remaining settlement funds rather than by their client in accordance with the original settlement order. The firm is paid at an hourly rate of, usually, at least $100 per hour. Multiply this hourly rate by, say, 20 hours and it is easy to see how filing such claims could become a major revenue source for the law firm that is paying for those late night commercials. But what happens if all the money set aside to settle the case is not used?

Any money that was to be used to settle claims is held in a trust fund that is administered by the court for a period of time specified in the settlement order. At the end of the settlement period, any unpaid funds remaining in that trust is simply returned to the defendant company.

In light of the facts that the actual later “payout” of class action claims is pitifully small, and the additional fact that most “plaintiffs” would not be aware that they are entitled to “compensation” if it were not brought to their attention via the electronic media, it must be concluded that the purpose of late-night client recruiting advertisements is to generate attorney’s fees for the sponsors of such ads. As such, the sponsors of such ads would appear to be motivated by the prospect of financial gain rather than by a sense of social and economic justice.

Byline:  Aaron G is a freelance writer specializing in law and social media sites such as badoo.

Health and safety breach in Gloucestershire leads to severed finger and fine

A Gloucestershire paper and the Health and Safety Executive are reporting that a Gloucester-shire based industrial company has been fined £4,000 after a nasty-sounding accident in its Lydney factory.

The Albany Engineering Company Ltd, set up in 1900, owns the industrial factory in Lydney, which produces industrial pumps. To produce the pumps the factory uses a variety of industrial machinery, including milling cutters. The accident occurred on 3 May 2012 and involved one of these cutters. An unnamed 17-year-old worker was using the cutter along with another working, each supporting a side of the pipe, when the teenager’s glove became caught in the cutter. This dragged is hand into the cutter and resulted in the index and middle fingers of his right hand being cut to the first joint.

Read more: Worker has four fingers amputated in health and safety accident

A Health and Safety Executive investigation followed which discovered that the accident had been caused by a lack of industrial safety guards on the milling cutter. The presence of such a guard which have substantially reduced the probability of such an accident occurring. The result of the Health and Safety Executive (“HSE”) investigation was a prosecution by HSE. The court was informed of five previous enforcement notices that had been served on the company at its factory in Bradford in 2011. The company had complied with these enforcement notices and made the changes at the Bradford factory but had not implemented such changes in its Lydney factory.

At court the Albany Engineering company pleaded guilty to a breach of health and safety legislation, including breaches of:

  • The Health and Safety at Work etc Act 1974; and
  • The Provision and Use of Work Equipment Regulations 1998

The court found that the company had failed to ensure the safety of workers and had failed to prevent access to dangerous machine parts. It was ordered to pay £4,000 as a fine and £1,962 in costs. The above reports do not specify whether the worker is considering making a claim for personal injury or whether he made a claim for constructive dismissal after resigning.

Read more: 10 tips on preparing your constructive dismissal claim

Having had a look at the circumstances of the breach of health and safety we’ll now examine the following issues:

  1. What obligations do businesses have under Health and Safety law?
  2. How could the accident have been avoided?

What obligations do businesses have under Health and Safety law?

Employers have duties to ensure the health and safety of their employees and third parties who are on their premises. The main piece of legislation that covers health and safety is the Health and Safety at Work etc Act 1974 (which the company was prosecuted under above). Under the HSWA 197 employers must take reasonably practicable steps to provide:

  • A safe working environment
  • A safe system of work
  • Safe tools, appliances and equipment
  • Protection from hazards
  • Any necessary training and instruction to your staff

In addition to this employers also have a common law duty to prevent harm from occurring to employees and third parties.

How could the accident have been avoided?

The accident could obviously have been avoided by installing the necessary industrial guards on the machinery. However, such a statement isn’t really helpful. What the company should have done is:

  • Regularly carry out risk assessments of its factories to identify hazards
  • Implement any recommended changes
  • Comply with the enforcement notices of the Health and Safety Executive

Direct 2 Lawyers offer specialist representation by employment lawyers and have barristers and solicitors that can represent employers in Health and Safety prosecutions

Medical Malpractice and Personal Injury

While not all personal injury cases are classified as medical malpractice, all medical malpractice cases fall under personal injury law.  If you have been injured in surgery or because of a physician or medical professional’s negligence, you may have a medical malpractice personal injury case.  As a victim of medical malpractice, you may be facing a number of different living expenses and medical expenses that you cannot afford to cover.  Because doctors and medical professionals are held to high standards of care, you do have the right to be compensated for your injuries and your pain if suffering if you have a case.  Read on to find out what different types of cases can be classified as medical malpractice and who may be considered liable for these personal injury cases.

Types of Medical Malpractice Cases

There are thousands of medical malpractice personal injury claims filed each and every year.  These cases are filed as insurance claims or as civil lawsuits depending on the types of errors that are made and whether or not the professional had medical malpractice insurance.  Typically speaking, medical malpractice falls into one of four types of cases.  These case types are as follows:

Prescription Drug Errors

Prescriptions drugs can alleviate pain and help individuals cope with sicknesses and diseases.  But they can also be very dangerous when the patient is given the wrong dosage or a bad mixture of drugs.  If a prescription drug error causes you, as a patient, some type of harm, you may have a medical malpractice case for your injuries.  Not only are doctors who prescribe medications expected to exercise caution when prescribing drugs, they are also expected to review the patient’s medical records to look out for bad mixtures.

Cosmetic Surgery Errors

Just because cosmetic surgery is an elective surgery does not mean it does not fall under medical malpractice when errors are made.  If a cosmetic surgeon makes errors while the patient is under the knife, the patient does have the right to sue if the surgeon did not follow the standard of care.  While patients can seek compensatory damages, juries are generally not sympathetic to plaintiffs when filing this type of malpractice claim.

Diagnosis and Surgical Errors

Misdiagnosis, late diagnosis, and failure to diagnose at all can be classified as medical malpractice if the error is one that a competent doctor would not have made.  Surgical errors are also very common, where the surgeon will damage an organ, tissue, or a nerve causing long-term damage.  In either case, the patient must prove that the average doctor would not have made the same error.

Birth Injuries

Because both a baby and mother can be injured, birth injury cases tend to be the most serious.  Birth injuries can be caused before, during, and after the birthing process.  Some common injuries include fractures, brain damage, cerebral palsy, and brachial plexus.

Who May Be Held Liability for Injuries?

who is held liable for your injuries depends on your own personal case.  Here are some professionals who can be listed as a defendant in a medical malpractice case:

*  Doctors and physicians

*  Nursing staff

*  Healthcare professionals

*  Pharmacists

*  Prescription drug companies, manufacturers, and marketers

*  Hospitals and other medical facilities

If you are not sure if you have a case, meet with a personal injury lawyer specializing in medical malpractice to discuss your case. Medical malpractice attorneys will investigate your case, find medical expert witnesses, and help you get the compensation you deserve.

Byline

This article was composed by Ty Whitworth for the team at life insurance for veterans

5 top tips when making personal injury claims

If you are currently in the process of making a personal injury claim or are considering whether or not to go ahead with a claim, you need to remember a number of things. Hence why we have developed 5 top tips when making personal injury claims.

1. Hire a personal injury solicitor

Whilst it may be tempting to make the claim by yourself, especially if you feel that there is nothing for the other side to argue, it can’t be stressed enough how important it is that you obtain the services of a personal injury solicitor. They will have the knowledge to ensure that you are able to claim for everything you deserve and will also be able to hold their ground if there are any unforeseen issues that arise.  Furthermore, personal injury law can be complex and processes may differ from case to case, so a solicitor will know exactly how to make a personal injury claim.

2. Gather evidence

Ultimately you need to be able to prove that the other party is at fault for your accident and the injuries sustained. Therefore, it is extremely important to gather as much evidence as possible to support your case and strengthen your claim. The forms of evidence required vary from case to case, let’s say you were in a car accident and needed to claim for whiplash. You have to prove that the other person caused the accident and also how severe your injuries are. A simple medical report covers the injuries, which is why it essential to receive medical attention ASAP. As far as proving fault for the accident you could: take witness statements, photograph the scene, check local CCTV and much more. A solicitor will be able to tell you exactly what evidence will best support your case.

3. Use a compensation calculator

A compensation calculator will help you to understand roughly how much compensation you could be entitled to. Be sure to use one of these to see whether or not the amount of compensation potentially available is worth the time and effort of an injury claim.

4. Be patient

On average, personal injury claims take between 8 months and a year to complete. However, it is essential that you don’t cut corners to reach a quicker decision as this could result in you not receiving all of the compensation you deserve or perhaps even losing the case.

5. Fully understand the claims process

Be sure that you fully understand the personal injury claims process. Before deciding whether or not you want to press on and make a claim, you need to know what lies ahead. Do this and you should be fully prepared for the claims process and hopefully won’t have any nasty surprises along the way.

Injury Claim Specialists is one of the UK’s leading personal injury advice websites. We pride ourselves on offering easy to understand, plain English injury claims advice on a wide range of different injury related topics. There are also a number of extremely useful tools such as the Compensation Calculator, which can give you a compensation estimate in less than a second, and the Injury Claims Guide is at hand to answer all of your personal injury related questions.

Insurer Bad Faith: What Does It Mean For You?

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(U.S. Personal Injury Law) If you’re injured on the job, you expect that you will be covered by worker’s compensation rights–after all, the system exists to protect the rights of injured workers. Unfortunately, many injured workers each year are subjected to lengthy legal battles just to get the compensation they deserve for their injuries, and in the meantime, medical bills, household bills and more continue to pile up.Why Does This Happen?

Worker’s compensation acts as an insurance program, and as such, most states’ worker’s compensation programs are underwritten by private insurance companies. When an accident happens, the state fund has to pay out money, which means the insurance company has to pay out money. As a result, the insurance company that is backing the state plan may try to act in bad faith, meaning it will skew the facts of the injury case or even outright lie in order to save money. Our Arizona workers compensation lawyer suggests that this situation can happen even when you know your case is legitimate, so it’s important to stay wary.

Insurance Bad Faith Cases

When an insurance company acts in bad faith, it is typically violating the terms of a policy that it has with a company or individual, and this typically results in the company disputing injury claim payouts or even delaying the process. While this goes on, a legitimately injured worker may be missing work while recuperating at home or in a hospital, and all the while, bills are mounting.

Legal Options

Unfortunately, because of the size of these types of cases and the resources possessed by most large insurance companies, insurance bad faith cases can be very difficult to face on your own. Such insurance companies will often employ intimidating lawyers who have one singular purpose: to keep you from getting the compensation you deserve. As mentioned, this may be done by disputing your claim or by delaying the claims process. Even if you are able to push past these difficulties, you will also have to deal with the courtroom process, and if you have no legal training, this alone can be a roadblock to the compensation you deserve.

Is There a Better Way?

If you’ve found yourself injured on the job and you’re unable to get timely results from your worker’s compensation program, you may need to turn to the services of an insurance bad faith lawyer, otherwise known as a worker’s compensation lawyer. These legal professionals can get in between you and the insurance company to seek a resolution, and if need be, they can also represent you in court to get the compensation you deserve for your workplace injuries. In addition, an insurance bad faith attorney will be able to investigate all aspects of your case, meaning you won’t have to spend valuable time and resources tracking down every last detail relating to your injuries.

With that said, it’s important for you to remember that if you’re involved in a workplace accident, you should try to document everything as soon as possible. From what happened to who was present, details regarding your accident can become very important when you and your attorney prove your case in court, especially when going up against an insurance company that isn’t playing by the rules. If possible, try to take photographic or video evidence of the scene of your accident, and write down an account of the accident as soon as possible. This evidence should then be copied, and the originals should be placed into a secure storage location for future use in your case.

Sarah Bishop is a freelance writer who contributes this article for Doyle Raizner LLP, trial lawyers with expertise in Arizona workers compensation cases. Doyle Raizner is committed to handling your workers compensation case if your insurer has incurred bad faith. They will recover monetary compensation for any of the damages caused by the delay of your company’s insurance provider.
Photo Credit: http://www.flickr.com/photos/foxtongue/4855541287/

Personal Injury Claims with Express Solicitors (sp)

Guest sponsored post from Express Solicitors.

Injuries can occur anywhere and at any time, which is why there are personal injury solicitors all over the country. Express Solicitors is one such personal injury firm that operates nationwide.

Their main aim is to help injured parties claim the compensation that they deserve and they currently stand as one of the leading law firms in the UK.  They come as standard with a team of dedicated personal injury solicitors that promise to fight courageously for both victims and their families. Unlike some law firms, they explain each step of the claims procedure in clear English, which will help you to get the full support that you need.

The solicitors at the Express Solicitors boast to provide the injured individual with both dedication and sensitivity throughout every stage of the claim. They cover a wide range of circumstances including slips, trips and falls in a public place, accidents and illnesses abroad, asbestos related illnesses, brain, spinal and other serious injuries, medical negligence claims, neglect and abuse claims, accidents and illnesses as work and road traffic accidents.

In order to see if you are in fact entitled to compensation, you must first speak to one of the solicitors. Contacting them couldn’t be easier, simply visit the online site or alternatively contact them any time of the week for free over the phone. A specialist will then talk you through the process by giving you free advice about how to make an injury claim and will evaluate the situation in order to determine whether or not you are due compensation.

Understanding Personal Injury Compensation

Personal injuries are likely not something that most of us give any thought to until the unthinkable happens to us. Sustaining injuries because of the negligence or ill intent of another goes beyond the event itself, especially when there is long-term recovery ahead.

In many cases, the term personal injury refers to harm that is sustained beyond just the physical. While a person may come away with physical injuries, the wounds may also manifest in psychological and financial damage caused by missed work days, extensive medical bills, and event-related stressors.

Due to these injuries and the subsequent issues that arise from them, those who have been hurt may choose to seek compensation for their injuries, a viable and often necessary option for those who have been hurt and wronged.

The most important component in seeking personal injury compensation is getting the help of a competent legal professional, someone who specializes in personal injury law and has experience with the type of personal injury their client has sustained.

First, let’s look at the types of personal injury:

Injuries sustained on the job. Accidents at work happen, but when they happen because of negligent business practices, un-repaired machinery, or defective products, those who have sustained injuries may be entitled to money through workers’ compensation.

Injuries sustained as a result of defective products. Whether it’s the car that you drive, a toy that your child has played with, or a medication that you’ve taken, if you have sustained injuries as a result of using a defective product, you may be entitled to compensation under personal injury law.

Injuries sustained as a result of a car accident. Every moment that we are on the road, we run the risk of potential harm behind the wheel. Accidents sometimes happen, but when those events are caused by another driver’s negligent or distracted driving, then personal injury law may be on your side.

Injuries arising from medical malpractice. When we are under the care of a doctor, we put our trust and our faith in that doctor. When we become sick or injured because of the negligence of our medical team — or worse, when a loved one passes away as a result of such negligence — the emotional trauma can be devastating, especially on top of everything else. Working with a personal injury lawyer can help you receive the compensation you deserve.

Why an Attorney?

When you are injured as a result of any reason discussed above, you are left in a very vulnerable position. You have sustained bodily injuries for which you will require medical care — perhaps short-term care, perhaps long-term care including rehabilitation, medical equipment, etc. Such injuries can change your life, leaving you with medical expenses, missed work, family hardship, and more.

A knowledgeable and experienced personal injury attorney represents you, acting as your advocate through the legal process. When you have been hurt, it is imperative to have someone on your side who can ensure that you get what you are entitled to receive under law.

If you don’t move quickly in such a situation, you may lose the opportunity to cover the expenses that you have as a result of your injuries. Why should you be stuck with paying for the bills that come as a result of someone else’s negligence? At the very least, you deserve to have your expenses covered so that you can concentrate on healing. In this respect an experienced attorney can make all the difference in the world.

Remember, businesses will protect their bottom line at all costs, so it’s not surprising that getting compensation for your personal injury can be challenging. This challenge, however, does not mean that you are not entitled to compensation or that you should settle for less than you deserve.

A personal injury attorney can act on your behalf, helping to establish the facts of the case, helping you understand the personal injury law as it pertains to your particular injuries, and fighting to make sure that you receive proper compensation so that you can move past your injuries and go on with your life.

 

Author Bio – Jack Lachman writes on behalf of Tom Crenney & Associates of Pittsburgh, PA, a legal firm that specializes in processing claims for those injured on the job. If you’re on the lookout for lawyers trained in product liability law or any form of personal injury compensation, contact Tom Crenney & Associates today.

Protecting Yourself After A Dog Bite

(U.S. Law) Dealing with a dog bite can be a painful and emotional experience, but you need to make sure that you immediately take steps to protect yourself. Not only is it possible for a dog bite to give you a serious injury or even make you ill, but you will also want to make sure that your medical bills are taken care of by the responsible party. There are many reasons that a dog will bite you, and sometimes it happens without any provocation. Even if you did something to provoke the animal, however, you will most likely still have a viable case if the dog’s owner refuses to pay for your medical expenses.

Dog Bite Statistics

Approximately 4.7 million dog bites occur each year, and 800,000 people will require medical attention. According to our animal attack lawyer, a study in the state of Florida discovered that over 70 percent of all dogs who bite are males who have not been neutered. This definitely proves the importance of neutering and spaying animals, but this data does not help the victims of a dog bite. Florida residents deal with an average of 500 serious dog bites each year, and most of the victims are children. There is also evidence that a dog that is chained up is twice as likely to bite someone as a dog that is roaming free. In other words, you need to teach your children not to approach animals that are chained up, especially if the dog’s owner is not present.

Steps to Take after the Bite

If the bite breaks the skin, then you need to go to a doctor or a hospital to get it checked out. After all, dogs can carry a wide range of diseases, including rabies, and it is better to be safe than sorry. This is especially true if the animal was a stray because that will prevent you from having access to any of their veterinary records.

In most cases you will be able to tell the dog’s owner about the bite before you seek help, but if this does not happen, then you should contact them as soon as you are done receiving medical assistance. It is important for the owner to be involved throughout the process, and it might negate the need for a lawsuit. Some owners will definitely step up and offer to take care of the situation, so you should always give them the opportunity to do so.

Make sure that you follow whatever course of action is prescribed by your doctor. Rabies shots will be painful, but it is better to endure temporary pain than to put your life at risk. You should also keep documentation about every step of the process just in case you do end up in court.

If the dog’s owner is unwilling to work with you, then you will need to hire a lawyer. It will be important to provide your lawyer with concrete evidence of the dog bite, so make sure that you retain copies of anything that your doctor or the hospital gives you. Photographs are also going to be important, so if it is at all possible, you should take some before the doctor cleans up your wound. Make sure that you also write down everything that you can remember about the incident, including the time when it occurred. The more information that you can provide to your lawyer, the more likely they are to be able to help you win your personal injury lawsuit.

Author Anthony Joseph is a researcher, and a contributing writer for Steinger, Iscoe & Greene. If you’ve recently been bitten by an animal, you need an animal attack lawyer who has the experience and skills to win your case and get you everything you deserve. Their attorneys know that this can be a very stressful time for you, and will do everything they can to make your circumstances better.

What do changes to the Health & Safety at Work Act 1974 mean?

Under current law workers are afforded protections from workplace accidents by the Health and Safety at Work Act 1974 which applies to the whole of the UK. If an employer is found to be in breach of these regulations and someone has been injured as a result, that person has an automatic right to claim compensation. However this right may be about to disappear entirely as a further amendment was slipped quietly into the Enterprise and Regulatory Reform Bill during its third reading in the House of Commons.

Section 47(2) of the Health and Safety at Work Act 1974 is to be amended to read ‘Breach of duty imposed by a statutory instrument containing (whether alone or with other provision) health and safety regulations shall not be actionable except to the extent that regulations under this section so provide.’ This amendment is another example of the Coalition Government hacking away at health and safety protections for workers and trying to do so without criticism. This amendment was accompanied by no press release or media coverage and was voted through by 295 to 215.

This change weakens current employment protections and will make some cases more expensive and time consuming to deal with. The change comes as the Government also announces attempts to water down the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). These regulations oblige employers to report certain accidents, injuries and diseases to the Health and Safety Executive (HSE) who maintain a database of accidents and have the power to investigate a workplace if it sees fit. Reducing the obligations upon employers to report incidents to the HSE opens the floodgates to allow dangerous practices within workplaces to go undetected endangering employees safety. If these changes are confirmed then it will make reporting of accidents by employees to their employers and to their union representatives even more essential to ensure that bad practices are highlighted and put a stop to.