Personal Injury Law Blogs

Effects of Brain Injuries

brain injury solicitors uk

A head injury will almost always affect the brain. Through a nerve system, the brain controls physical actions, thoughts and emotions. A head injury can stop such actions, which is why its effect can be so devastating.

Each and every year, 1,000,000 people visit UK hospitals with a brain injury. In 85 of these cases, however, it is a mild injury and in most cases, they will make a good recovery within six months if the appropriate medical treatment has been applied. If the sufferer should experience unconsciousness for more than six hours, he is classed as having a severe injury. A severe injury is likely to lead to complex issues and long term rehabilitation is required. Even milder injuries can result in long-term impairments, however.

Unfortunately, an estimated up to 75 per cent of brain injuries fail to be reported and are therefore not assessed by medical practitioners. The reason for this is often the fact that there is no unconsciousness when the injury occurs and the symptoms are not apparent until days, weeks or months have passed. Often, a brain injury is wrongly diagnosed as depression. Although depression can occur as a result of a brain injury, it can hide more serious fundamental problems.

Someone with a brain injury may feel various symptoms that have been overlooked. Typically, the sufferer wouldn’t have an insight into any potential problems as they won’t be functioning normally.

The worst kinds of head injury can result in extensive functional difficulties including paralysis and limited mental functioning. At the other end of the scale, moderate head injuries occur in a range of varying functional limitations, mainly reduced mental skills.

If you have suffered from a head injury and wish to make a claim, Bolton Burdon Kemp’s are specialists in no win, no fee compensation claims. Their personal injury solicitors are some of the best you will find in the UK and each one is a member of the Association of Personal Injury Lawyers. Contact BBK solicitors and take advantage of their experience and expertise. With their no risk fee structure, you have nothing to lose and a large amount of compensation to gain.

DePuy Hip Replacement Injuries

DePuy hip replacement injuries have been on the rise since 2008. The DePuy ASR is a metal-on-metal hip replacement system that was used in many patients from its release. Unfortunately, the FDA has gotten hundreds of complaints about the DePuy ASR causing hip replacement injuries, including failure of the device requiring additional hip surgery, and the danger that the DePuy ASR may shed metal particles into the body. DePuy issued a recall on DePuy ASR Hip Replacement Systems in August 2010, which affects 93,000 people who have received the replacement hip. If you’ve had injuries as a result of your DePuy ASR Hip Replacement system, you may be eligible to file a lawsuit.  An experienced Dallas injury lawyer that specializes in DePuy Hip Replacement can help determine if you have a case or not.

DePuy Hip Replacement Injuries

The full extent of the injuries caused by DePuy ASR Hip Replacement Systems aren’t yet clear. The FDA has received hundreds of complaints since 2008, and the most common issue seems to be premature failure. Many people who have the DePuy ASR Hip Replacement System experience failure within a year or two, and have to have another surgery and a new hip replacement.

The long-term effects are still unknown, but could include serious consequences. Metal-on-metal hip implants such as the DePuy ASR have been known to shed metal particles into the body. These particles damage soft tissue, can cause inflammatory reactions and can lead to bone loss, and the extent of the long-term damage isn’t yet fully known.

DePuy Hip Replacement Injury Lawsuits

Many of the people who have received DePuy Hip Replacement injuries have already filed lawsuits because of this defective product. DePuy is currently facing a slew of individual lawsuits, as well as several class-action lawsuits with many victims combining their cases. The DePuy liability in these cases seems fairly simple; DePuy rushed the ASR Hip Replacement System without completing adequate testing about its efficacy and long-term side effects. As a result, many people have had additional hip surgeries and are dealing with long-term medical consequences.

Author Bio:
I am a SEO consultant at High Rank Websites.  High Rank Websites specializes in web design and web optimization for attorneys and law firms across the United States.  I specialize in writing legal content for the law firms we represent.

How To Get The Most Out of Personal Injury Insurance Claims

The following is a guest post regarding personal injury insurance claims from a South African writer.

Accidents are a part of life, whether you are at fault or the other driver. Even the most careful person can make a mistake. That’s why it is called an accident, no one purposely causes injury or damage to another vehicle.  Most insurance policies come with a personal injury clause. When you sign up, you can choose how much you want to pay for the highest coverage possible. Typically, when you are in an accident that is not your fault, you want to go through the other insurance policyholder since it was their liability. How do you receive the most compensation for your injury as well as pain and suffering?

Go to a Doctor

This is your number one priority. As soon as you can get your car and leave the scene, head to the hospital. Usually, people wait after an accident. They might be experiencing a little headache, or muscle aches but they choose to wait because they feel it’s not necessary. This can hinder your medical claim; especially if the other party or insurance disputes that you waited too long. They could argue that the injuries were from something else and not from the accident.

Take Pictures

Always take pictures of any physical injuries, right away. Check the pictures after shooting. Make sure they are clear and you can see the cuts, bruises or marks unmistakably. Also use a camera with a date/time stamp. This will prove that the injury happened during the accident and not later. If you cannot take accurate pictures, enlist the help of a friend or family member. Also, shoot some pictures a few days after the accident too, when you receive medical help as well as to show the progress of the injury. This can help for pain and suffering compensation.

Keep all Medical Paperwork

The proof is key when filing a personal injury claim. Keep all the paperwork from the initial ER visit, any follow-up exams and even prescription receipts. When you speak to the doctors ask them to write a detailed account of your injuries as well as what they believe is the cause. Store all the documentation along with the pictures in a safe place.

Submit the Personal Injury Claims Form

Obtain the claim forms within the first week of the accident. Start filling them out. Within the first two weeks, submit all documentation previously stated. On the form, usually there is an “Other Information” section. In this place, make note for any future doctor’s appointments that are a direct result of the accident.

When you receive injury from an accident that is not your fault, it is important to fight for your rights. Typically, when you submit relevant documentation to the insurance company, they approve your claim. However, at times you may have to fight a bit more for what is owed to you. If you must obtain a lawyer, submit all your documentation to the firm. More-than-likely, you wil receive what is due to you as well as the insurance provider paying all your legal fees.

About the author

The author is the content coordinator for a website that provides online insurance quotes to the South African public.

Understanding Los Angeles Personal Injury Cases

Personal injury cases refer to situations where a person has been injured by the negligent actions of another person. There are many examples of Los Angeles personal injury cases that require the help of a qualified attorney. If you or a loved one has suffered an injury due to the negligent acts of someone else, it is important to contact an attorney as soon as possible to see if you have a case. A qualified personal injury lawyer will be able to look at the specific details of your case to decide who should be held accountable.

Most personal injury cases in LA involve car accidents, accidents at work and also medical malpractice in LA. However, if you or someone you know has been injured from a fall on someone’s property, accidents that occur in the home or related to a holiday, injured during an assault, or injured from a defective product may have a personal injury case. This term also applies to medical or dental accidents. Medical malpractice cases can be complex and very expensive to pursue. If your case is related to the negligence of a medical professional, it is important to contact a lawyer experienced in this area to be sure you have a case. Due to the high cost of medical malpractice cases, legal action should only be taken if serious injury or death occurred as a result of negligent actions.

If you have a personal injury case, your attorney can seek monetary damages for both economic and non-economic issues. Your lawyer will work to get you money to compensate for any ongoing need to see a doctor, receive rehabilitation, therapy, medications, any hospitalization that occurs as a result of your injury, as well as any loss of income experienced from not being able to work due to your physical condition. These are examples of economic needs that your attorney will fight to get compensation for. In addition, some non-economic needs that you can be monetarily compensated for include; pain and suffering, disfigurement, and any embarrassment that you may experience as a result of your injuries.

In California there is a time limit in place for people who wish the file a person injury lawsuit. Because of these deadlines, it is important to speak to an attorney as soon as possible to get your case started. It is also important to work with an experienced law firm that has the financial resources to fight aggressively against large insurance companies and other organizations. A personal injury case can be expensive to fight, but working with an experienced and resourceful law firm will be important to the success of your case.

Some law firms like Bob M. Cohen & Associates will work with clients with a conditional fee agreement. This means that the law firm may only collect a fee if they are able to win the case. Even if you are not in an area to be able to work with Bob Cohen Law, many injury attorneys operate in this manner. Also, in most states, attorneys cannot charge more than 100 percent of the settlement awarded from the case. Working with a large and well qualified law firm will help you get the best possible results for your personal injury case.

Where Can You Turn for Help After a Pedestrian Accident?

Have you been in a car accident and do not know where to turn for help? Consider this. Lets say you lived in California and were in a car accident in Mission Viejo. If you were to find a local car accident attorney in Mission Viejo, he or she could assist you in figuring out how to get the best possible settlement for your claim and can answer all your questions about liability and other issues surrounding your car accident case. Best of all, a number of personal injury law firms will offer free consultations to injured accident victims.

Many car accident victims are frightened and confused about how to settle a car accident case. Often, they are told that they are getting a “good offer” from an insurance company when the amount offered actually represents less than the minimum amount to which they are entitled. Unfortunately, many car accident victims, not realizing that they are being taken advantage of, are lured into an early and disastrous settlement of their claims and do not even know that they have given up rights and compensation that should be theirs.

A auto accident lawyer can prevent this by giving a car accident victim the facts about his or her case. For example, many car accident victims come to a lawyer believing that the accident was their “fault.” They may believe this because they have been told so by an insurance company representative or a lawyer for the at-fault party. However, when the professional car accident attorney examines the case, he or she realizes that the accident was not the victim’s fault and that the victim is entitled to far more in compensation than the insurance company or defense lawyer allowed.

This is not to say that every car accident case is worth millions of dollars. It is just as damaging to believe that hiring a car accident lawyer to handle your case will result in an overnight fortune as it is to believe you are entitled to nothing. Most car accident cases settle for a fair and reasonable amount depending . Few cases are worth startling amounts of money. However, most cases are worth far more than the car accident victim believes, so it is well worth your time and effort to consult an attorney about your claim.

How to Make Your Workplace Legally Safe for Employees

(US law and general safety at work information) Every year, millions of people are injured in work environments across the United States. While an employer may be able to reduce the risk of his or her injury in the workplace, some employees may not understand or comprehend all the risks in a certain environment. Because of this, employees can often be injured while operating work-owned equipment. In these situations, it’s important to minimize one’s liability by following all necessary health and safety standards. The following guide explores how one can make his or her workplace legally safe for employees.

Work environments are much safer than they used to be. During the industrial revolution, many factories and industrial facilities had very dangerous working conditions. Between 1850 and 1911, almost eight percent of factory workers experienced a severe injury during their career. Because of this high injury rate, the United States government created the Occupational Safety Hazard Act (OSHA). OSHA protects employees and employers from dangerous work conditions that can pose a significant risk to one’s health.

OSHA provides free copies of its literature to both employees and employers. OSHA handbooks can provide valuable guidance on how a company owner can create a safe working environment for his or her employees. In addition, OSHA has many materials available on its website.

There are many private worker’s compensation law firms that can also provide valuable guidance on workplace injuries. Since a workplace injury can result in expensive litigation for a company, it’s a good idea to avoid any type of incident that could cost a company lots of money.

Most companies only install safety equipment after being sued by an injured employee. Instead of letting this happen, it’s a good idea to learn from the mistakes of other companies. All employees at a company should be treated as a potential liability. This can help ensure that one is at a minimal risk of being sued.

In addition, it’s important to limit liability through warning stickers and training materials for employees. An employee will have less of a chance of winning a litigation case if he or she was in blatant violation of a company’s policies.

OSHA inspectors will often visit a company on a regular basis. Since the visits may occur on random days, it is usually not possible for a company to plan for a particular visit. Instead of letting oneself get stressed at the last minute because of a serious problem, it’s a good idea to address any employee safety concerns proactively. This can be an excellent way to reduce the risk of many common problems.

Violating on OSHA safety rule can have moderately severe consequences. In most cases, a company will be sued thousands of dollars. However, a lawsuit from an injured employee could cost a company millions of dollars. If a company doesn’t follow OSHA rules, the chance of an employee winning a case against a company can be dramatically increased.

In addition, warning stickers can be an excellent way to reduce liability at a company. All potentially hazardous items in a store should be labeled as such. This can include items ranging from shopping carts to one way doors. By putting warning labels on all the objects in a company, the company can claim that employee negligence caused an accident. It’s essential to proactively address safety issues in a work environment.

About the author

This article was written by Karl Stockton for the team at Spencer Law Firm. Contact Spencer Law for substantial experience in personal injury law.

Asbestos Claims – Some Complicated Situations

The change in the law as ruled by the Supreme Court back in March 2012 gave hope to thousands of families throughout the UK who had lost a loved one as a result of asbestosis, mesothelioma or another asbestos related disease. The court ruled that liability no longer rested at the time that the symptoms showed themselves, but at the time that the individual was exposed to asbestos. Since the ruling, the numbers of people coming forward to make their claims has risen significantly.

The reason for the change in the law was that these asbestos related diseases can take years and in some cases decades to show themselves which meant that in many cases workers had left their jobs and were not covered by insurance policies when the symptoms began. The new ruling makes it possible for workers to claim on policies dating back to the 1940s. However, there are a number of situations where making a claim can become very complicated, especially on policies that do date back this far.

The first example of this is where a company is no longer in operation. In this instance, it is possible to trace the insuring company rather than the trading company.   If it emerges that there is no one accountable, you may be able to claim from the government (Pneumoconiosis Act 1979). In many cases, a claim needs to be brought against an asbestos mining or manufacturing company – but many of these companies were forced to declare bankruptcy. In this instance, the copany would have been ordered to set aside funds specifically to compensate asbestos victoms. These funds are known as mesothelioma compensation funds or trust funds.

In another example, the company may not be trading anymore but there may be a parent company as in the case of Cape Building Products ltd vs Mr Chandler. Mr Chandler had worked for the company back in the 1950s for four years manufacturing Asbestolux. It wasn’t until 2007 that he discovered that he had mesothelioma but by this time the company was no longer in existence. There was however a parent company, Cape Plc and it was this company that Mr Chandler took his case up with. The Hugh Court had to determine whether the parent company was closely enough linked with its subsidiary to provide a duty of care to its employees and therefore accept liability. Mr Chandler was successful with his claim as it was proved that the parent company was aware of the duties of Cape Buidling Products ltd’s employees.

Finally, in cases relating to asbestos exposure in the military there are certain restrictions about the claim you can make. If the exposure was prior to 1987, you will not be able to make a personal injury claim. You may however be able to claim a ‘War pension’ or make a claim with the Armed Forces Compensation Scheme (AFCS). The AFCS came into effect as of 6th April 2005 and allows service men and women to claim against injuries, illnesses and death during service on or after 6th April 2005.

If you are unsure about whether you or your family can make a personal injury claim relating to an asbestos related disease or even where someone has died, speak to a firm of solicitors with experience in asbestos claims who will be able to advise on the subject and recommend the best way to proceed.

Damages for Compensation Claims Increases by 10%

The Court of Appeal has confirmed that an increase in damages for compensation claims will be implemented following the Jackson reforms which are to be put in place by April 2013. The pending reforms will heavily change the way car accident claim cases and other torts work. All torts which cause some kind of defamation, stress, loss or damages in general will be affected. The Jackson reforms will cap the amount of money made on success fees for personal injury and car accident claim cases and there are some concerns that it will leave some legal professionals out of pocket. The announcement of the uplift came from senior figures of the judiciary who stated that this judgement was to be reached many months in advance for the sake of  ‘simplicity and clarity’.

After the Jackson Review, the pending uplift was one of the key points made by Lord Justice Jackson when the document was put together with a view to reshuffle the UK’s civil litigation legal system. However, the increase, along with a number of other recommendations made by Jackson, was not to be included in the government’s plans to implement Jackson’s recommendations. After the recent judgement, which was made towards the end of last month, it was decided that for the judiciary not to ensure trial judges would apply it could be considered a ‘breach of faith’.

After the judgement was finalised, master of the rolls, the lord chief justice and the vice-president of the Court of Appeal stated that the uplift was not being put in place as a perfect change which would achieve perfect justice in every case, but went on to point out that the same concern could be held about all of the pending changes to the legal system. There is also a great deal of concern from the Transport Committee, a governmental body which has been largely responsible for investigating the so called ‘compensation culture’ and making recommendations to the government which actions could be taken in order to shore up some of the holes in the system.

There are a lot of concerns over the pending Jackson reforms and critics say that it could leave some people without access to personal injury cases (since personal injury was removed from the Legal Aid Bill some 15 years ago) and it could leave personal injury lawyers out of pocket. The uplift which is now scheduled to be made will apply to all torts which case damages of all kinds. The personal injury sector of law is waiting with baited breath to see how things balance out after the reforms appear in April 2013.

Jim Loxley is a Director at experienced claims specialist, My Compensation

The Most Important Qualities to Seek Out in a Personal Injury Lawyer

A personal injury attorney can be your most valuable ally if you are in an accident. However, there are usually many attorneys that claim to be able to get your case settled for the most money and it can be difficult for most individuals to figure out who is telling the truth. If you want to find the best attorney, you should consider the qualities below.

Specialization
Attorneys tend to specialize over time. Some are better at handling divorces, while others deal more with criminal matters. If you suffer an injury, you should seek out a personal injury specialist. Attorneys are required by the bar to be honest about their specializations, and those that advertise as injury lawyers tend to have more experience and expertise in handling these sorts of cases than other attorneys. If you are ever curious, you may wish to take a look at the attorney’s profile on his or her website. Most do tend to list specialties in a fairly straight-forward manner.

Experience
A good attorney should not only specialize in personal injury, but he or she should have real-world court experience to back up that expertise. Most attorneys are quick to boast about their years in the business, and you can always ask if you feel uncomfortable. It is not necessary for an attorney to handle decades worth of cases to be good at his or her job, but it is usually better to pick an individual that is familiar with how the courts really work.

Personality
A personal injury suit can drag on for quite some time. As such, it is wise to seek out an attorney with whom you can work easily. Different Toronto injury lawyers have different types of personality, so make sure to treat your initial interview with the attorney as a trial run of your relationship. If you find that he or she is too abrasive or seems unable to fit your needs as an attorney, you might want to choose a different lawyer. If you can work through the initial meetings, though, you may be able to deal with the attorney over the long term.

Service
It is also important to take a moment to consider the level of customer service that an attorney’s office can provide. Dealing with a major injury can be a trying time, but it is far worse if you cannot get in contact with your attorney when you need him or her. One of the best ways to judge an overall level of customer service is to make an appointment with an attorney and then call back later for information. If you have trouble contacting a legal secretary or the attorney seems to constantly be “too busy” for your calls, you may want to look elsewhere.

The qualities above are among the most important that any attorney can possess, and you should never settle for a lawyer that fails to satisfy any of those criteria. A good attorney can often make the difference between a win and a loss, and can be the only person that can help you to get your life back on track. Always be discerning when making your choice, and always remember that you are the one in charge of your case.

This post is provided by http://www.thomsonrogers.com/; one of Toronto’s premier law firms, providing lawyers dedicated to personal injury, environmental, medical malpractice and family law.

What to Bring When First Meeting With a Personal Injury Lawyer

There have been many times where a case went sour for the victim of an accident because they lacked that pesky little detail which would have sealed the deal for them. So if you want to avoid getting cooked by an absent material, here’s the answer for what you should bring when first meeting with a personal injury lawyer.

Accident Reports

Accident reports have an uncanny ability to list helpful details on what exactly the authorities think happened and who they thought was at fault for the accident. That can go a long way to elevating your chances of getting on top. It may also contain other intricate details that will give your personal injury lawyers additional firepower.

Witness Identities

Witnesses are important in any case because much of the truth can be gleaned through the words of an impartial entity. So if there were any witnesses who saw exactly what happened, you should provide their contact information to your lawyers.

All Medical Records Connected To The Accident

Medical records that are related to the accident are very important because they speak to the extent of the damage done to you. It also helps by casting your role as the victim to greater prominence. However, if the medical records say that you were hammered at the time of the accident, it could also help your lawyers decide if you have a case or not.

Documents Of Property Damage

Documents that show the extent of the damage done to your car would also help your case as proof of your claim. Damage records of your property, along with photographs of the damage to both you and the other party’s vehicles can prove once and for all that you are telling the truth.

For example, if you claimed that the other party rear ended you, a picture that depicts that claim will leave no room for doubt.

Insurance Company Forms And Letters

Any letter or forms that insurance companies send will usually contain deadlines and it is ever the problem of victims when they don’t meet them. You can solve this dilemma by presenting such documents to your lawyers so that they can make sure you do not go past the due date.

So there you have it, what you need to bring when first meeting your personal injury lawyer. Don’t forget a single one or reading through this whole thing would have been pointless.

Fournaris and Sanet want to give advice over the internet, so anyone needing to speak with a personal injury lawyer will know what they need to provide for their case.