Personal Injury Law Blogs

How Dangerous are Motorcycles, Really? [Infographic]

Motorcycles have a reputation as dangerous vehicles. Are they really as dangerous as everyone claims? Compare this: in 2010, only 4,300 people died in motorcycle accidents, where 22,000+ people died that year in car accidents. On the other hand, over the course of 100 million driven miles, motorcycles rack up 35 crashes compared to 1.7 car crashes.

In a motorcycle crash, the driver is much more exposed than in a car. Motorcycles collide with cars more often than with stationary objects, which makes the velocities involved that much higher. Bikers are often significantly unprotected — lacking helmets, protective gear or thick clothing — where someone in a car is riding inside a box designed to save lives. Bikers end up with damage to nerves, joints, the head and even skin in road rash.

Motorcycles are most often driven by students and manual laborers. Those people under 40 years of age are 36 times more likely to be killed on motorcycles than in cars. It’s quite clear that motorcycles are a dangerous vehicle to drive. The reason, statistics seem to say, is a combination of unsafe driving habits, unsafe vehicles and a lack of protective gear.


Motorcycle Accident Infographic
Infographic authored by Sutliff & Stout, motorcycle accident lawyers. To view the original post, check out the original Motorcycle Accident infographic.

Chevron Flooded with Injury Claims as Refinery Leaks Continue

Chevron Corporation
Chevron Corporation (Photo credit: Wikipedia)

Three law firms in Richmond, Calif., have announced class action lawsuits against Chevron Corporation for gross negligence and mishandling of the August 6 refinery fire that sends thousands to the hospital and continues to leak crude oil.

With a single firm, more than 3,000 plaintiffs are suing for what they consider to be a preventable fire that adversely affected the health of many in the area. Over 10,000 have brought claims against Chevron, whose spokesperson said would evaluate each claim for legitimacy as they come.

(more…) “Chevron Flooded with Injury Claims as Refinery Leaks Continue”

Personal injury – the basics

No Win No Fee claims generally refer to personal injury claims and were brought in to replace legal aid for personal injury cases in the mid 90s. A no win no fee claim cuts out the middleman by enabling the client with the claim and their chosen solicitor to come to a mutual agreement regarding the legal costs which suits both parties.

No Win No Fee quite simply means that, if the client making the claim doesn’t win their case, they don’t pay the solicitor and insurance payments will cover any costs incurred by the defendant.

If, on the other hand, the client making the claim does win their case, they will normally receive full compensation without any deductions and the defendant will pay all legal costs and any other fees incurred.

However, not all personal injury claims are accepted by No Win No Fee solicitors so it is imperative to check whether the case fits the criteria of the law firm in question before pushing forward a claim. There can be major differences and risks between a whiplash claim or a slip injury claim, which are generally more straightforward, and other types of injury claims such as suspected medical negligence or claims for sport injuries which are more complex.

How does a No Win No Fee Claim Work?

When an individual suffers an injury which wasn’t their fault they may be able to put in a No Win No Fee personal injury claim. The first step is to find a solicitor who specialises in No Win No Fee cases or is happy to take on the case on a No Win No Fee basis.

Once a solicitor has been appointed a letter will be drafted and sent out to the defendant informing them of the client’s intention to seek compensation for the injuries they have suffered.

The client will then be required to undergo a medical assessment to determine the severity of the injury and the effects the injury has had on the client.

Once the assessment has been completed and the solicitor has had time to evaluate the assessment results he will then be able to calculate the amount of compensation due using the findings from the assessment, the client’s loss of earnings and any further expenses incurred because of the injury.

More often than not a No Win No Fee case will be settled out of court with all necessary correspondence undertaken by the solicitors acting for both parties concerned.

Occasionally, if a claim is disputed by the defendant, then both parties may have to attend court to try to reach an agreement.

The solicitor acting on behalf of the client with the claim will not receive their fee if the claim is unsuccessful and the solicitor will always ensure that the client has insurance in place to cover the defendant’s legal costs should the claim not go through.

If the client wins the case then, in most circumstances, he or she will be awarded the full compensation amount and all legal fees, medical report costs and other costs incurred by the client will be paid by the defendant.

The solicitor acting on behalf of the client with the claim will also be entitled to a further fee to be paid by the defendant which is known as the success fee.

Personal Injury

Personal injury is when someone suffers an injury due to the result of someone else’s negligence. Personal injury may include whiplash, torn ligaments, bone fractures or lacerations.

When an individual has a case of personal injury then the more evidence they can supply their solicitor with the better and, although the medical assessment will form the basis of the case, any further evidence will make the case a stronger one.

Further evidence could include:

  • Medical statements by doctors, nurses and specialists who witnessed and treated the injury
  • Statements from individuals who witnessed the accident itself
  • Photographs of the accident and the injury
  • Accident logs/books – All businesses are required to have an accident book to log the details of an accident when it happens. In cases where the accident is quite severe an employer would also be expected to report the accident to the Health and Safety Executive (HSE).

For further no win no fee advice, Lloyd Green Solicitors provide specialist help.

What Happens to Doctors Who are Guilty of Medical Malpractice

(US law and generally) When medical malpractice occurs, the patient who was the victim and their family often contemplate whether or not they should hire an attorney. A personal injury lawyer can help advise you about how you should proceed. A medical malpractice case, unlike many other types of personal injury such as a car accident, is unlikely to settle without the help of a lawyer. Medical practitioners frequently are reluctant to admit fault. This is due to many factors, such as the complexity of these cases, as well as the fact that doctors do not want to admit that they did or failed to do anything that fell below the standard of care. Doctors, nurses, and other medical practitioners want to preserve their standing in the community and also worry about licensing issues and malpractice insurance.

Unlike a criminal case, in which a defendant must be proven guilty beyond a reasonable doubt, medical malpractice must only be proven by a “preponderance of the evidence” standard. This means that the medical practice occurred and was the cause of the plaintiff’s injuries and damages more likely than not.

Most medical practitioners have medical malpractice insurance that can cover the cost of their legal defense and any possible damages awarded. In some cases, doctors do not carry medical malpractice insurance, which likely means in some cases that they have been sued for malpractice previously and their premiums for coverage are higher than they can afford to pay. However, this is unusual. Lawsuits can be controversial in some cases, because there is sometimes a misconception that the person who is sued will have to pay for the damages out-of-pocket. That is usually not the cases, particularly among professionals, such as doctors and hospitals.

Even if a doctor, facility or nurse is found to have committed malpractice in a jury trial, the person or entity may still be allowed to continue practicing medicine, depending on the severity of the conduct and whether there is a repeated pattern of similar behavior. The issue of medical malpractice in a civil trial can uncover evidence to be considered by a state medical board in issuing a cautionary statement, fines, or suspending a practitioner’s license to practice medicine, but the issue is decided by the board, not by a jury. Some doctors and nurses are reluctant to settle because they do not want to admit any fault on the issues, even though these trials are expensive to litigate.

In order to prove a medical negligence case, a personal injury lawyer must hire other medical experts who practice in the same specialty as the defendant to state that the defendant’s conduct fell below the standard of care for that specialty in a same or similar locality. While the experience of a trial can be extremely stressful for the doctor involved, in some cases, it urges caution among other practitioners in the field.

If you believe you have been a victim of medical malpractice, speak to an attorney about your concerns. A medical malpractice lawyer can assess the evidence and assist you in pursuing your claim.

California Takes on DUI Drivers!

car accident @ vestavia hills(Californian DUI laws with some aspects of personal injury discussed) Being charged with driving under the influence, or DUI, in California is bad enough, but when your DUI charge involves injuries to another person, the situation can become even more serious. While being charged with any type of DUI can come with fines, fees, jail time and more, being charged with DUI with bodily injuries can lead to severe consequences. Below are the differences between felony and misdemeanor charges, as well as potential options for handling this serious situation.

Felony vs. Misdemeanor

In most cases of DUI, the charge will be a misdemeanor. This means that the driver will pay a fine not to exceed more than $1,000, and he or she may face not more than one year in jail if convicted. Our Santa Cruz DUI lawyer states that a felony, on the other hand, is a much more serious charge, and it can result in thousands of dollars in fines and many years in a federal prison, if you are convicted. With that said, a DUI in California that results in bodily injury will more than likely end with a felony charge. In addition, a misdemeanor or felony conviction will remain on your criminal record indefinitely. In some circumstances, a conviction may be expunged, but the process can be time consuming and expensive, leading many convicted individuals to give up on their quest altogether.

Consequences of a Felony Conviction

As mentioned, a felony DUI conviction may result in thousands of dollars in fines and many years in jail, but those consequences are often just the beginning. A felony conviction resulting from a DUI with bodily injury arrest can also destroy various job opportunities in the future, as many employers are less inclined to hire felons. In addition, felons must abide by a variety of special laws once they are released from incarceration, including the inability to own or posses a firearm. Furthermore, persons convicted of felonies may have a hard time integrating back into society after their time served.

Options for Those Charged with DUI Resulting in Bodily Injury

Thankfully, there are options available for individuals who have been charged with a DUI resulting in bodily injury, including hiring an experienced lawyer, especially those who have been charged with DUI resulting in bodily injury. In such cases, criminal defense lawyers who specialize in DUI charges may be able to help you offer a solid defense in court. A knowledgeable local attorney will also be able to investigate each aspect of your case, from the arrest to your treatment while in custody – meaning you might be able to prove your innocence based on an injustice.

Finally, it’s important that you recognize the responsibility that you hold as a driver. While on the road, you are piloting a machine that is capable of causing serious harm to yourself, your passengers and others on the road, meaning you must always be in control of your vehicle. Simply put, if you’ve found yourself intoxicated, never get behind the wheel. Call a cab, call a friend, take public transportation or find any other way to safely make it to your destination; never drive. Remember, anytime that you get behind the wheel, you hold your life and the lives of others in your hands.

Karla M. Somers is a former family mediator who likes to write about conflict management and other legal issues. She is a contributing author for Terry A. Wapner, a well-known and respected Santa Cruz DUI lawyer, whose practice also includes drug offenses as well as gang-related crimes.

Common Mistakes That Occur in Mediation

Most civil lawsuits in the United States are settled at mediation or similar types of settlement conferences. Robert Burns, professor of law at Northwestern University, reports that only 2 percent of all federal civil lawsuits went to trial in 2002, a significant decrease from the 1960s (12 percent) and the 1920s (20 percent). With mediation determining the outcome of so many cases, lawyers and litigants alike must understand and avoid the common mistakes that occur in mediation.

Lack of Communication before the Mediation

Mediation only works if all the parties are sufficiently prepared for the process. The opposing attorneys should have communicated their clients’ positions to each other well before the mediation. Mediations are not forums for surprise tactics; they are tools to get the decision makers in the same room in an attempt to work out resolutions.

If a personal injury client wants to make a $100,000 initial demand at the mediation, his attorney should consider telling defense counsel before the mediation. This allows the defense attorney to talk to his insurance adjuster client about where to start negotiations. Attorneys should also be sure that each side has all relevant documents before the mediation. A surprise photograph or tape recording or medical report cannot properly be digested in a matter of minutes. Many larger companies have chains of command, determining the top dollar they will pay at mediation well in advance of the actual conference. A surprise document will only anger and frustrate everyone involved.

Snide or Insulting Comments

It would be a mistake to make snide or insulting comments at mediation, but those clients and attorneys in hotly contested disputes may find themselves saying things they would not normally say. Everyone involved in the mediation process must keep a professional demeanor. Personal insults can burn bridges or invite overly adversarial behavior in the future. Such comments typically stem from a lack of communication before the mediation.

For example, a personal injury client may be angered by what she perceives as a low-ball offer if she is not prepared for a low starting offer.  A client who expects a low first offer and understands that the demands and offers will slowly move closer to a common number will be better equipped to avoid insulting those at the other end of the table.

Accusatory Language

Attorneys and clients alike should strive to use “I” or “we” language during mediations. Obviously the two sides will disagree about some of the underlying facts and how a potential jury will see the case. Still, using less accusatory language can communicate this difference of opinion without unnecessarily angering the other side.

For example, an attorney representing a personal injury client could say, “We feel a jury will carefully consider your truck driver’s lack of sleep in the day leading up to the accident.” This measured statement communicates the point without using angry language like, “your truck driver couldn’t keep his eyes open and you know a jury will side with us!”

Mediations require cool heads to meet together in a good faith attempt to settle a disputed claim. Do not make one of the common mistakes occurring in mediations. Come prepared, use a professional tone at all times, and avoid needlessly angering the other side. Using these techniques can result in more fruitful mediations where both sides make concessions to end a legal dispute.

About the author:  Jonathan Williamson is a former lawyer who used to specialize in DUI representation, especially as it pertained to contesting one’s blood test.

7 Examples of Medical Negligence

Top Legal Experts for Injury Compensation

Patients seek medical care to maintain or improve their health, but what happens when a physician makes matters worse? Medical negligence is difficult to prove, requires specialist personal injury lawyers (see our directory) in your corner, and it can become overwhelming to victims who are suffering as a result of the negligence. What is it and what are the first steps to take if you suspect negligence?

What is Medical Negligence?

Also called “clinical negligence,” medical negligence is a breach of a legal duty of care owed by healthcare providers to their patients which results in harm to the patient.

A medical negligence claim is a civil process where a patient pursues compensation for harm that results from a healthcare provider’s negligence. In order for a patient to prevail in a medical negligence claim in the United Kingdom, the patient must prove:

  • The physician had a duty of care to the patient
  • The physician was negligent
  • The patient suffered harm as a result

The patient must prove both liability/breach of duty (the provider acted in a way other competent providers would not have acted) and causation (harm resulted that would not have occurred otherwise).

Medical negligence can occur in any healthcare field including primary care, emergency care, surgical care, dental care, counselling or therapy, and more.

Not only can physicians be held responsible for medical negligence, related healthcare attendants such as nurses and pharmacists have a duty of care. NHS trusts, primary care trusts, and private hospitals may also be held liable for the negligence of their medical staff.

If the negligence happened in America, as opposed to the UK, you’d need to hire a personal injury lawyer there known as a ‘personal injury attorney’.

Examples of Medical Negligence: 

  1. Failing to diagnose a patient’s condition – For example, if a patient’s symptoms are overlooked or dismissed as being inconsequential, this failure to diagnose could be construed as medical negligence under the “Bolam test” if the true diagnosis is likely to have been recognized by another ordinary, competent physicians and harm resulted.
  2. Making the wrong diagnosis – This is similar to the above. In addition, a wrong diagnosis could cause further harm in that inappropriate treatment may cause further harm.
  3. Prescribing or giving a patient the wrong medication – This can occur with misdiagnoses or by mistake. For example, if a condition is misdiagnosed, the treatment that follows is based on the wrong diagnosis. What if the physician writes down the wrong drug name by mistake, such as prescribing XYZ instead of ZYX? What if the pharmacist misreads the instructions and dispenses YXZ? These are all examples of potential medical negligence. However, remember that the patient must suffer harm as a result of the negligence. If the patient catches the error before ingesting the wrong medicine and no harm results, then a medical negligence claim cannot be fully established.
  4. The loss of a “chance” – In cases where a condition has a high likelihood of recovery, such as 50 per cent when discovered promptly, doctors could be held liable if the condition is not diagnosed because of the loss of a chance to recover (House of Lords 2002 Gregg v. Scott).
  5. Failing to obtain consent to treatment – In general, doctors must obtain consent before treating a patient. If the doctor fails to do so and proceeds with a treatment that causes harm to the patient, the patient may have a legitimate medical negligence claim.
  6. Failing to warn the patient about a treatment’s risks – Similarly, the physician has a duty to warn the patient of the risks of a treatment. Simply asking the patient to sign a consent form is not the same as discussing the risks involved.
  7. Making a mistake during an operation or procedure – Imagine going into surgery to have your left foot amputated due to an uncontrollable infection and waking up to find out that the surgeon amputated your healthy right foot by mistake. Medical mistakes during treatments and procedures are a prime example of medical negligence. 

The First Steps

According to Patient.co.uk, if you suspect medical negligence in England and Wales, the Civil Rules of Procedure strictly apply (they do not apply in Scotland and Northern Ireland). The first step involves getting legal representation and filing a letter of claim. The defence is allowed a few weeks to gather evidence and respond. Next, the “particulars of claim” and “particulars of negligence” are filed and the other side presents its formal defence. Most of this occurs out of court.

Depending on the particulars of the case, it may wind up in court. However, the Medical Protection Society reports that fewer than 2 per cent of claims go to trial. Regardless, the first step is to obtain legal representation.

Bibliography

1. Clinical Negligence Claims – What to Expect (UK-England Factsheet). Medical Protection Society. [Online] May 2012. [Cited: August 21, 2012.] http://www.medicalprotection.org/uk/england-factsheets/clinical-negligence-claims-what-to-expect.

2. Simple Guide to Legal Action. Action Against Medical Accidents. [Online] [Cited: August 21, 2012.] http://www.avma.org.uk/pages/simple_guide_to_legal_action.html.

3. Clinical Negligence. Patient.co.uk. [Online] [Cited: August 21, 2012.] http://www.patient.co.uk/doctor/Clinical-Negligence.htm.

About the Author

This post was contributed by Daniela Levett on behalf of Pryers-Solicitors.co.uk – who specialise in medical negligence. Daniela is a freelance writer with extensive legal background as an attorney. She enjoys writing for various online legal publications.

Car Accident Claims Lawyers Campaign for Safer Roads

It has recently been reported that some 2,000 people were killed in car accidents on UK roads in 2011. Top car accident claim lawyers all over the country are backing up the the public’s calls for improvements in British road safety to reduce the number car accident deaths and subsequent car accident claim cases. Historically speaking, issues which highlight higher rates of fatality or personal injury are effective in capturing the attention of Parliament and authority figures in a position to do something about them.

It’s thought that the calling of attention to the increased deaths by car accident claims lawyers will help to initiate some kind of action from the appropriate figures. The 2,000 deaths of 2011 represents a 3% increase in the number of deaths on UK roads from the previous year’s figures. Car accident claims cases and the handling thereof is an everyday duty for personal injury lawyers all over the UK and many are continually campaigning to implement safer roads and improve safety procedures for drivers in the UK. A recent figurehead to join their ranks is gold medal cyclist Bradley Wiggins who has stated that it should be a legal requirement for cyclists to wear helmets in order to prevent death.
an image showing another road safety campaign which was won, reducing accidents and car accident claimsIt’s been reported that someone 107 cyclists were killed in accidents between 2010 and 2011. A car accident claim solicitor, John Spencer, is joining Bradley Wiggins in his call for change. He writes frequently on car accidents claims and whiplash injuries on the Internet. It is estimated that some 500,000 people are involved in injuries, many of which launch car accident claims following the event.

The recent call for these changes has coincided with the government making proposals such as an 80 mph national speed limit, but this has now come to an abrupt halt. The government has also come under fire for not enforcing road safety laws as good as they should do. It’s one thing to have a law in place but enforcing and policing it properly is another matter altogether. In another step towards reducing the number of deaths in car accident claims in the UK, the government has been cajoled into implementing the 20 miles per hour speed limit in city centres. It’s thought that this move in conjunction with the imposed cycle helmets law, road deaths could be reduced significantly for drivers and cyclists alike.

Jim Loxley is a Director at trusted car accident claims specialist, My Compensation.

Don’t let the bed bugs bite in your hotel, or you might get sued

What bed bugs can look like (not from the hotel) image from louento.pix on flickr

Two women filed a lawsuit on Monday against Marriott International Inc. and a Lisle Marriott Conference Center, claiming that they suffered numerous bed bug bites during a stay at the hotel in August, 2011.

Reported in the Chicago Tribune, the claim is being made by Pamela April of Phoenix, Ariz., and Char’o Safford of Chicago who claim that the hotel in which they stayed with two children failed to provide guests with sanitary rooms, failing to inspect and exterminate rooms and failing to recognize signs of bed bug attacks, in addition to other claims.

Having discovered bites all over their children’s “arms, hands, back, legs and scalp”, the two women and both children were diagnosed with “numerous bed bug bites from a significant infestation,” according to the lawsuit.

Not the first personal injury claim of its kind

This is not the first instance of a claim being filed in respect of bed bug bites. Indeed, it’s not the first claim to be brought in the US.

As reported in Lodging Hospitality and Bed-Bug.org, the following claims have been brought:-

“2004 — 45% rent abatement awarded for six-months to a New York apartment tenant
2007— A woman is claiming infestation by hundreds of bed bugs in a cheap motel during her recuperation from breast cancer. The person is suing the motel in Arkansas, alleging “pain and mental anguish, embarrassment and humiliation, medical bills and expenses” from countless bug bites and visible bugs in her bed.
2008 — Three apartment tenants in Chicago are suing for bed bug injuries.
2008 — An opera singer initiated a lawsuit against a major hotel chain for $6 million. The alleged injuries involve over 150 bed bug bites.”

Lodging Hospitality also notes a landmark case involving a Midwest woman who brought an unprecedented $20 million claim against a New York hotel after she woke up in her bed with hundreds of bed bug bites. Following the report to hotel officials, the woman was offered two free nights’ stay at the hotel. Declining that offered, she sought $20 million instead. While an exorbitant amount, it illustrates that people are still intent on bringing significant claims for bed bug bit injuries, no matter how much pain is actually caused.

In London, UK, two sisters brought a claim against a hotel, described as ‘dirty’ and ‘grubby’ on TripAdvisor, after suffering over 130 infected bed bug bites, as reported in the Daily Mail. They were each given £1,600 through an out-of-court settlement (i.e. the court didn’t actually rule on the case).

When the hotel bites back

And then, on the other hand, hotels have been known to bring their own claims against visitors for making false statements against them. For instance, as reported in Bedbugs.net, the Carleton hotel of Oak Park sought damages of more than $30,000 for the loss of business and loss of reputation associated with a “malicious” claim made on TripAdvisor.

Personal injury law blogging

If you have a personal injury claims story or any legal advice you’d like to share, get started today via this free registration link.

Learn How and Where to Report Accidents at Work

Whenever you face an accident at your workplace, it is wise to follow the proper protocols to report your injury to the concerned bodies. If you fail to report your injury received in a workplace accident, you might not get entitled to workplace accident compensation benefits. Here is a comprehensive guide on where and how to report accidents at work that you should follow if you want to win the statutory benefits.

  • The first step towards filing a workplace accident claim is to prepare lucubrated report of the incident. You must contact the HR department of your organization for preparing the report. Also talk to your immediate supervisor about the incident before the end of your day’s shift. This should be done on the same day of the accident because nobody can suspect afterwards that you faced the accident after going out of office.
  • Now complete the incident report wherein you should mention the exact date and time of the accident, the circumstances and names of the eyewitnesses. Including the names of the eyewitnesses would intensify the logical strength of your case.
  • In your accident report only, you should mention the names of the affected body parts. There is accident at work claim agencies that will judge the intensity of the injury and calculate the compensation amount by measuring the acuteness of the injuries. Be extremely specific while describing your wounds.
  • Report the accident to the company’s accident logbook as well. The company’s database should contain the accident. The HR Department might help you in this issue.
  • Keep an account of all the medical attention received by you as an aftermath of the accident. Accidents at work are not compensated proportionally if the medical bills are not submitted.

Everything done, contact a good personal injury solicitors firm who work on a pro bono basis. ‘Pro Bono’ is commonly referred as ‘no win no fee claims’. They will inspect the details of the accident, assess the merit of the case and somewhat predict whether you will win the case or not. Until you win the case, don’t pay a single penny for suggestions and court trials.