Personal Injury Law Blogs

Making a Claim after A Road Accident

Guest post regarding making a claim after a road accident.

Many people think of injury claims as only relevant to accidents which occur within the workplace. However, this is not the case. Large numbers of people every year file successful claims for accidents which happen on our roads. No matter how careful a driver, cyclist or pedestrian, the road can be an unpredictable and dangerous place and there’s no reason that you should have to pay for the costs of an injury which you sustain as a result of somebody else’s carelessness.

Traffic incidents occur all the time, with varying levels of repercussions. Whether you were involved in a minor knock or an incident with long lasting implications for your health and well being, you could be entitled to compensation for the losses which accrue. As a careful driver, if you can prove that somebody else’s actions were to blame for the resulting accident, the chances are that your claim will be successful.

What sorts of costs can you recover?

In theory, you should be able to recover any costs which occur as a direct result of the accident in which you are involved. This might include medical treatment or even the purchase of certain items to make your life easier in your injured state. What can often end up being the largest compensation is the money which you can receive to reimburse you for loss of pay. Injuries of all kinds can often keep people out of work for a set amount of time. If you are unable to receive pay from your employer during this time, you should be entitled to the relevant compensation through your injury claim.

As well as covering payment lost from time off work and the fee for any physical injuries you may have sustained, it is also possible in some cases for you to make a claim on the basis of any mental trauma which you have suffered as a result of a car accident.

Being involved in an incident on the road can be extremely shocking and it is not at all uncommon for people to be left in shock. Particularly in cases where other passengers received more severe physical injuries than the person making the claim, the scope for mental trauma should not be underestimated.

Why Can You Claim?

The law says that it is fundamentally unfair for one person to experience loss at the fault of another. Injury claims are a perfect example of the law being put into action in this case. After road incidents, it can be difficult for those involved to make the transition back to normal life immediately. Whether it is because of a lasting injury or a trauma, people involved in road accidents often require some support. Injury claims see that the rehabilitation process is centred around this support, rather than the monetary worries which might otherwise ensue.

Personal Injury Claims at Work

The role of the HSE

The Health and Safety Executive (http://www.hse.gov.uk/) is the national regulator for health and safety in the workplace. As such they aim to reduce workplace related injury, death and illness. They do so by promoting training, providing regulations, research and investigation, enforcement. They will investigate the more serious cases of workplace related injuries and if they deem appropriate take legal action against the offending company (in Scotland it is the Crown Prosecution Service that is solely responsible for the raising of criminal proceedings).

This means that if you make a claim for personal injury against your employer, that may not be the only financial penalty placed on them. If the HSE successfully charge them under breach of the Health and Safety at Work Act 1974 then they will be likely to receive a fine from the courts too.

It is worth noting that this is a punitive measure aimed at ensuring that such accidents do not happen again and on a more national level; let other companies and employers know there is much less expensive to have working equipment and safe working environments than it is to wait for an incident to occur.

Some Cases from the HSE

An Aberdeenshire Haulage firm was fined £20,000.00 for an incident where an employee was knocked over and drove over by a tractor whilst standing in an area used to clean the vehicles. The employee suffered horrific injuries to his leg and pelvis and the HSE inspector assigned to the case stated that the accident could have easily been avoided. (http://www.hse.gov.uk/press/2012/rnn-sco-01012.htm)

Some Scottish Personal Injury Solicitors are: Thompsons (Scotland), Lawford Kidd, Digby Brown, Irwin Mitchell, Brodies, Digby Brown and Watermans.

A South Yorkshire firm was ordered to pay £142,000.00 in fines and costs in relation to serious safety breaches leading to a worker being killed. The death resulted from being crushed by a one and a half tonne steel girder. The employee was well experienced in the steel industry and was struck and crushed by the girder after a crane hook clamp snagged the girder knocking it over. The HSE officer in this case noted that a suitable risk assessment would have identified issues such as these and would have allowed for suitable measures to be taken. (http://www.hse.gov.uk/press/2012/rnn-yh-18612.htm)

Some Personal Injury Solicitors for England and Wales are: Thompsons Solicitors, Duncan Gibbins Solicitors, Blake Lapthorn, KTP Solicitors and Andrews Solicitor.

A Wokingham Business was fined in relation to two subcontractors being unwittingly exposed to asbestos fibres at Reading University. The fine was £28,000.00 and the company were also told to pay legal costs of a similar value. This was for failing to inform the company it subcontracted for upgrades at the university about the fact asbestos containing materials would be on site. The company were aware of the fact and did not pass the information on and as such two workers drilled through such material without taking the proper precautions. (http://www.hse.gov.uk/press/2012/rnn-se-18412.htm)

Personal Injury Solicitors that specialise in cases concerning Asbestos related illness are: Thompsons Solicitors / Thompsons (Scotland), Lawford Kidd, Irwin Mitchell, WE Solicitors and Simpson Millar

Making a Personal Injury Claim Against Your Employer

As with all cases the first step is to find legal representation. The firms listed above are a great place to start. You can also look to some of the national companies specialising in personal injury compensation claims such as: National Accident Helpline, Claims Direct and Injury Lawyers 4U. You may also have the ability to use the legal representative of a Trade Union, provided you are a member of one.

Following this you will be informed of the time scale to expect any possible resolution and the likelihood of a successful outcome. It is worth having a figure that you are willing to settle for. Obviously discuss this with your legal counsel, but sometimes there can be a lot of negotiation involved and the sooner you reach agreement the sooner the case is closed and you can move on. That is not to say always settle. Merely that going to court can be very stressful and will not always garnish the result you’re looking for. Also make sure to heed the advice you are given; be that how to communicate with your current or past employer.

British Transport Police officer reprimanded for dangerous driving that resulted in serious injury

The Evening Standard reports that a British Transport Police officer has been handed an eight-month suspended prison sentence after he hit and almost killed an up-and-coming young musician in London.

PC David Lynch was handed a suspended sentence by the Southwark Crown Court in addition to a number of other punishments, including his being banned from driving for 15 months, being ordered to retake his driving test, ordered to pay £1,000, subjected to a 7pm – 6am curfew for 3 months and instructed to undertake 240 hours’ community service. PC Lynch did not comment on the incident or the sentence.

The Southwark Crown Court handed this sentence to PC Lynch after he was convicted of dangerous driving as a result of hitting and almost killing a budding musician, Mr Joseph (“Pepe”) Belmonte, in Hackney. Mr Belmonte, 31, suffered horrific injuries in the crash, including injuries to his neck, spine and face. He also suffered a broken right arm and broken right fingers after being hit by PC Lynch’s police van. Mr Belmonte has to be placed in an induced coma for 9 days after the accident as his injuries were so severe.

PC Lynch was responding to an emergency call in March 2011 when the accident happened. He was driving at over 60 miles per hour through a 30 miles per hour zone in Hackney and lost control of his vehicle. He hit Mr Belmonte’s bicycle and the force of the accident threw Mr Belmonte across the police van’s bonnet and into an adjacent tree. Witnesses likened the incident to the tossing of a “ragdoll”.

The effect of the road traffic accident

Mr Belmonte stated through his personal injury solicitor that “I can’t really explain the effect it has had on my life. I am very depressed at the reality that I will never be the same person again.

“If the threat of a custodial sentence is what it takes to remind trained police officers on emergency calls that they take personal responsibility for their actions then it is a positive law that needs to stay in place.

“My primary concern now is to continue with my recovery and to continue with my music and film career.”

The accident has clearly had a significant effect upon Mr Belmonte’s life – a fact borne out by his mother’s statement yesterday that: “Physically, he will never be the same. Pepe was just a week away from launching his first album when he was hit. He has since spent 15 months recovering. It has had a huge impact on every area of his life.”

Mr Belmonte’s civil case for personal injury

As well as PC Lynch being convicted of a criminal offence, Mr Belmonte’s parents have also pursued a civil case for negligence against the British Transport Police. The case advanced would have been that PC Lynch had fallen below the standard of the reasonably careful driver in driving his police van and that this negligence had caused the accident and Mr Belmonte’s injuries. The British Transport Police admitted liability in this case last year.

Redmans Solicitors are road accident solicitors

Can Crash Test Dummies Really Simulate Human Injuries?

Crash test dummies have been used for many years in an effort to assess the safety aspects of automobiles. For quite some time, consumers have gotten into the habit of checking the most recent safety trials that feature crash test dummies prior to making automobile purchases. 

How Crash Test Dummies Evolved

First Technology Safety and Analysis experts have indicated that automakers began showing concern for auto safety in the 1930s when accident fatalities rose to 15.6 per 100 million miles driven. Researchers had been working to protect human beings during space, air and road travel, however, it was not possible at that time to attain realistic data unless humans were used in testing. Our Manhattan accident lawyers explain that that was completely out of the question so cadavers were used, but the process created too many problems. Some labs attempted to use animals which was equally troublesome. Therefore, researchers began developing anthropomorphic test devices, now known as crash test dummies.

Reliability Factors

The reliability of crash test dummy data has been scrutinized in a number of circumstances. For example, the impact of collisions on females and children is said to differ from that of the average male. Since the average crash test dummy is designed based upon the male body prototype, scientists and safety analysts insist that models need to be developed for women and children in order for the data to be relevant, factual and useful for determining car crash and impact safety.

Female Injuries are Different

It has been determined that when hit from behind, women are twice as prone to incur whiplash injuries than men. Because the crash test models have all been designed to replicate men, the statistics are not considered useful for female passengers, let alone children. Because women’s bodies are said to move faster in collisions, researchers tested for women in accidents at very low speeds to determine how their bodies would move when hit from behind. Research indicated that women were generally at much higher risk of sustaining an injury during any auto accident. Because of this, the crash test dummy statistics would need to be separated for men and women.

Female Crash Test Dummy Development

As a result of the statistics controversy that erupted after that discovery, researchers began working on developing a crash test dummy to represent an average female. Researchers subsequently developed computational female models called EvaRID (RID for Rear Impact Dummy). However, the model has only been in the market since the end of summer, 2012. Because of this, most crash test dummy statistics would only apply to accidents involving males alone.

Child Size Crash Test Dummies

It has also been found that children’s car seat safety is sorely lacking. There has been much controversy concerning the fact that belt positioning boosters are not covered by the federal safety standards. Issues with developing effective crash test dummies in children’s sizes are a key reason why child safety seats are without mandates for federal safety requirements. Therefore, the effectiveness of side, rear and rollover collisions has not been considered in any crash test dummy study. In addition, the various different sizes of children has played a part in a lack of suitable dummy designs for testing.

Due to all of the confusion about types and sizes of crash test dummies, the testing results should be considered relatively invalid when it concerns women and children. It will remain unclear whether crash test dummies are actually suitable for simulating human injuries until the testing requirements are scientifically identified. 

This article was written by Georgina Clatworthy, a former legal blog editor who contributes this article for Manhattan accident lawyers, a legal service provider aiming to connect accident victims and attorneys.  Their team knows that accident attorneys are a dime a dozen, but finding one who is trustworthy and with a proven track record is more difficult.  Through their service you can be assured of finding an attorney who will work with your best interests at heart.

Landmark Award Given to Montgomery Man for a Slip and Fall

Typically slip and fall accidents result in more minor injuries, such as scrapes, lacerations, or simple broken bones. However, there are instances in which a person sustains serious injuries after a slip and fall accident. One recent example of this was the sixteen foot fall Joshua Jaeger, a Montgomery, Illinois resident, took in 2009 which resulted in a broken femur and soft tissue injury to his back.

Because the injuries that Jaeger sustained drastically altered his life, preventing him from returning to work at a door repair service company and causing enduring pain, he enlisted the support of personal injury lawyer Joshua Weisburg to help him pursue action against the city of Elmhurst, the party he was holding responsible for his accident and subsequent injuries. While Jaeger was on a platform inspecting a broken spring on a garage door, the platform fell, causing Jaeger’s debilitating injuries. Jaeger and his attorney Weisburg alleged that, if not for a city employee’s negligence, the platform would not have fallen and, thus, the city should be responsible for the repercussions and losses the accident caused.

Following an initial settlement offering of $650,000, Jaeger and Weisburg took the claim to a county court, where the Dupage County jury eventually found the city responsible and awarded Jaeger $4.16 million, a landmark award for the type of injuries that Jaeger sustained. $1.86 million was given for loss of future wages, $1.3 million for Jaeger’s pain and suffering, and $1 million for loss of quality of life.

Like Jaeger, many slip and fall accident victims are compensated for lost current and future earnings, pain and suffering, and lost or decreased quality of life. Additionally, many also receive compensation for medical bills, therapy or rehabilitation costs, loss of companionship, and more. And, although not everyone qualifies to seek compensation in a personal injury claim, it’s always advisable to speak with a personal injury lawyer about any legal options available.

Claiming for personal injury in the workplace in the UK

If you injure yourself at work there are some basic principles to consider before deciding to raise a claim for personal injury from your employer. For starters, it’s always good to seek workplace injury prevention services and know that your employer has certain obligations to you; ensuring all equipment used in the course of your working day is in good condition and safe, ensuring the environment you work in is as safe as possible and any risk of danger are constantly assessed and steps taken to avoid harm. Employers are essentially charged with ensuring your safety to the best of their ability when you are working for them.

For a successful claim of personal injury there should be, at the very minimum the following:

1)      You were injured, whilst undertaking your duties for your employer

2)      This injury has caused you to suffer loss

Some Points to note

Claims for compensation are more prevalent than you may imagine but they are not meant to be a money making exercise. Instead they serve to put you back in the position you would have been had the accident not happened. For example give you pay for time off or to cover any extra medical bills.

If you are injured at work and do require time off you will generally only have the right to statutory sick pay, unless there are specific mechanisms in place that allow for longer and fully supported time off work. See here and here for more details

The time limit for raising a claim for compensation is on the whole three years from the time of accident. However, work related illnesses are generally three years from diagnosis.

The most typical claims for injury in the workplace are: Being struck by an object, Accidents from trying to lift objects, falling from a height and trips, slips and falls. Other types of claim can be from work-related illnesses such as asbestos related illness.

What to do first

The first thing to do is take a note of all of the details surrounding your injury. Take as many as possible because it can sometimes be a while before claims a settled and the better your recollection the better chance you will have of succeeding. Included in these notes should also be any and all witnesses, their accounts too if possible and notes of any log in your employer’s accident book.

Your employer must record all injuries at work, regardless of how serious they are, the only caveat being that some very small companies may not have to keep this form of log. However, on the whole this should be adhered to strictly by the employer, for the benefit of the employees as well as the employer. It provides both parties with details on what happened in case you need tie off work or need to claim for compensation later on.

You have decided to make a claim – What Next?

The first thing to do is to get legal representation. If you are a member of a Trade Union it may be possible to use their legal services instead. There are a large number of legal firms who specialise in dealing with personal injury claims. Simply typing “personal injury” into Google brings up pages of firms wanting your business. These range from the national companies who only deal with these types of claims, such as National Accident Helpline, Claims Direct, Injury Lawyers 4U and so on.

There are also a lot of other law firms with excellent reputations in this field. For Scotland some good firms are: Brodies, Irwin Mitchell, Digby Brown, Lawford Kidd, Dallas McMillan and Thompsons (Scotland). Most of these firms offer services such as no win no fee which can be of tremendous help if you do not qualify for Legal Aid. In England and Wales there are: Thompsons, Fentons, Irwin Mitchell, and Duncan Gibbins Solicitors.

As soon as you have appointed legal counsel, they will give you a clear indication of how likely to succeed your claim will be and what type of compensation to expect. They will also take all of the workload off of your hands and will begin to process of making your claim and start negotiations to get you the best possible settlement.

It is worth noting that where possible it is preferable to avoid litigation and sort these things with your employer however, there wouldn’t be so many firms clambering for business if things were that straightforward. Do keep in mind if you are working with the same company that you should not embellish any actions and act honestly and professionally throughout.

Thanks to Jerry Oldwell for this guest post. Jerry specialises in compensation claims for injuries obtained in the workplace. To find out more, visit www.workplaceclaim.co.uk and find out how you can make a claim.

Personal injury claim fact file

Injuries arising from accidents are often the hardest to bear, not least because of the fact that they could have been prevented. People who suffer with these injuries that were sustained through no fault of their own often try to make personal injury claims. However, when making such claims, what should you know?

  • In order to win compensation, you don’t always have to go to court. With a personal injury lawyer by your side, you can make a claim outside of court in front of a panel of legal experts who reach a decision on whether your claim was successful.
  • Although it’s possible to make a claim without legal representation, if you go down this path with your claim, any compensation you do win won’t be anything like as much as you should receive.
  • If you receive any compensation, the likelihood is it will be the appropriate amount, based on how much income you’ve lost and how much you’ve had to pay in medical costs.
  • If you make a claim against your employer after an injury at work, you won’t lose your job. Sacking someone for making a compensation claim is illegal, and won’t be in the employer’s best interests.
  • While making a personal injury claim, it’s possible to receive medical treatment. Anything that helps you to recover is worth doing, while insurance companies do, to some extent, help with any treatment needed.
  • If you’re worried about your claim going in favour of a big company or institution, you don’t have to, as governments and law courts have to guarantee the safety and wellbeing of all citizens.

About the author

This post is brought to you by Mike Cornwall, one of the UK’s leading medical solicitors – and one of the medical experts that can regularly be found writing for first4lawyers.com

Are You Protected From Personal Injury Claims?

Personal injury claims post from an Australian personal injury law firm.

We have all been told from an early age to be careful by our carers. As adults we are expected to show due care in all of our endeavours to avoid injury to ourselves and others. Despite this education and awareness injuries can still occur. But, how do you know that you and others around you are protected against debilitating injuries or even death arising from someone else’s negligence.

Scenario 1:

You are looking to change your house into an investment property. Research has been conducted on the financials, property management and tenants. That’s all you have to think about right? Wrong. What about insurance? You may have presented for lease a beautifully appointed apartment with all the latest ‘mod-cons’, but this does not mean something will go wrong.

Competent Property Managers conduct regular checks on the dwelling to determine its condition and tenants are encouraged to report any issues that affect the use of the services within the property. You are vulnerable, as an owner, to insurance claims should you fail to attend to any noted issues as well as if your property manager fails to disclose or notice infringements.

Likewise as a tenant you can be exposed to risky living situations if a Property Manager ignores your calls for repair work or an owner refuses to perform necessary amendments. It is important that you know your rights to ensure that not only are you getting what you paid for, but you are living in a healthy and safe environment.

A Personal Injury Compensation Lawyer will give you the support and guidance you need to address any accidents or injuries sustained as a result of negligent owners or property managers.

Scenario 2:

Owning a pet is a notable part of family life these days and many take on the responsibility of pet ownership to both negative and positive outcomes.

Pets are positive additions to families especially those with children as they offer exercise, excitement and entertainment. Many people opt for mainstream species such as Golden Retrievers and Poodles, but there are increasing numbers who can’t resist the allure of combining companionship with security. Savage dogs are becoming more popular with pet owners as they provide more ways to keep themselves and their belongings safe. This does being with it an inherent danger. Some owners fail to realise the extent of care and supervision needed for these type of dogs and dog attacks can ensue.

In most jurisdictions, dog attacks are looked upon with strict negligence standards, which leaves the owner solely responsible to the injured party and their right to sue.

If you have been the victim of a dog assault it is important that you seek professional help such as a Personal Injury Claims Lawyer to consider your right to compensation for medical costs as well as pain and suffering.

Despite the boy scouts famous motto, it is impossible to be prepared all of the time. Be sure that as an owner of a property or dangerous animal you have appropriate insurance to cover potential accidents. As an individual know your rights and seek advice from compensation professionals should you need it.

Inspired by Smith’s Lawyers.

What To Do When Your 3 Hour Tour Becomes A Hospital Visit

Water sports are a fun activity for many people, but boating accidents can be very serious. Damages can vary widely, depending on the circumstances, and any mishap can eventually land a victim in the hospital or result in a fatality. There are several conditions that can affect a potential victim’s insurance claim for damage recovery. Injuries resulting from recreational outings can be complicated because of a lack of evidence and contested testimonies. The boater should always be aware when using any water craft.

Observe All The Boating Safety Regulations

Many accidents requiring a hospital stay could easily be prevented if the victims had been compliant with the laws and safety regulations. Anytime you get on a boat make sure to wear the appropriate life jacket and make sure that the vest secures properly. It is easy to lose a life vest in a turbulent water situation. According to our Jones Act lawyer, crew members involved in boating accidents routinely end fatally and safety compliance is crucial to any valid claim. It is important to use any equipment deemed necessary. Being prepared may not stop the accident, but it can save a life.

When An Accident Occurs

It is difficult to think clear in moments of extreme stress when severe accidents and injuries occur, but injuries can also happen with less calamity. All watercraft are subject to the power of the waves and are relatively unstable. Head injuries can occur easily and body injuries are common occurrences. Broken arms and legs are especially routine and head and neck injuries can have long-term effects. Many times accidents occur out in the water and it is important to stabilize any injured body part as much as possible while returning to shore or waiting for rescue. The individual in charge of the boat should never underestimate the seriousness of an injury.

Calling The Authorities

The severity of an injury can dictate the protocol, but any call to the local authorities could at least result in a report that could be evidence in an injury claim. It could also help medical diagnosis in some cases. The report serves as proof of the accident on the water and specifies the exact location. When the authorities arrive all parties should always comply with their requests, including investigations into the cause of the mishap. In cases of severe injury, medical professionals will often be available to begin the treatment process.

Assemble The Documentation

Boating accidents can be very scary events and are troublesome because of isolation in deep water. It is important to use common sense in all aspects of recreational boating, especially when it involves a commercial boating service. Documentation of any type is important because records are needed for any claims pertinent to the accident and injury. There usually is a negligence claim involved with boating accidents and injuries, especially those that occur in high-risk activity. An injury report will usually suffice for accidents that occur on small personal watercraft.

Boating injury cases will naturally have a component of the victim’s reasonable assumption of risk, but the responsibility for duty of care still exists. Many common injuries are not necessarily subject to punitive damages, but can be assessed for compensatory claims. It is always necessary to have effective and experienced personal injury counsel when pursuing a claim. Leaving the paper and claim chase to the professionals allows the victim to concentrate on recovery.

Chris Bennett is a legal researcher and contributing author for the law firm of Doyle and Razner. Maritime law is complicated and governed by obscure federal statutes. Your rights and opportunities for compensation under The Jones Act will vary greatly from any other type of injury case. If you are looking for a Jones Act lawyer, Doyle and Razner is experienced and well versed in maritime law.

Assault & Battery

Assault and battery are two separate acts of violence that are used together so often most people may find it difficult to define them independently of each other. Put simply, assault is threatening harm against another person. Battery is actually striking the person. From there it can get complicated.

For battery to occur, there must be proof of intent. Otherwise, standing up on the subway and accidently bashing someone on the chin could be considered battery. Consequently, assault usually precedes battery. Assault and battery in the above situation would include a verbal threat to stand up and bash the other person on the chin and then doing it. The first example is an accident; the second is a crime.

Continuing with the unfortunate incident on the subway, if the assailant tells the other person of his or her intention to stand up and bash the victim on the chin and the intended victim runs to the other end of the car without getting hit, then assault is the crime.

Assault must include evidence of capability to carry out the threat. The victim will usually know or believe the threat is real and not just talk. Battery doesn’t always follow assault. A policeman, security guard, or even a concerned citizen can intervene and prevent the battery. However, assault has occurred and an officer of the law can arrest the assailant on those charges.

Defending yourself after an assault can be a complicated case; especially if there is a weapon involved in your defense. Self-defense with deadly force is difficult to justify against mere assault. Most states require that the victim show an attempt to flee the scene or seek other redress before resorting to deadly force. Part of the complications of the Trayvon Martin case is that both Trayvon and George Zimmerman had other options other than deadly force.

Battery can exist without assault in the case of a sucker punch or battery committed in the act of surprise.

Assault and battery have traditionally been prosecuted as misdemeanors, usually punishable by up to a year in jail. However, recent changes in the criminal code, allow those accused of assault and battery to be tried for a felony if the intent was to kill, rob, rape, or if a firearm was used in the act of the crime. In other words, simple verbal assault is a misdemeanor or a year in jail, while assault while holding a gun is a felony and could get you five to ten years in prison.

Assault and battery cases often involve several extenuating circumstances. Before you get railroaded into accepting a charge of assault and battery, contact a quality New Jersey criminal lawyer to protect yourself.

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Gary Hall likes to write – a lot. In fact, he’s mentioned it before. His tastes range from beekeeping to classical piano. He finds himself moonlighting as a writer for several companies, including http://www.elliotsavitzlaw.com/ – something he enjoys almost as much as honey. Almost.