Personal Injury Law Blogs

Why Motorcycle Crashes are on the rise in Georgia

If you regularly tune into the radio for the traffic report or read the accident reports in your local newspaper, you no doubt know that motorcycle crashes are on the rise in Georgia. Not only are these crashes becoming more common, but all too often they are lethal, with riders being severely injured or killed on a near daily basis. So why are these accidents happening more often? And what can be done to stop them?

1. More Bikes on the Road

In recent years, the number of motorcycles on Georgia’s roads has skyrocketed. With fuel costs rising and high-speed sports cars out of the budget of most Georgians, those who want to go fast and have a thrilling ride have turned to motorcycles, which in addition to being cheaper are also more dangerous. This is especially true at high speeds, and modern motorcycles can easily go 125 mph or faster without the use of expensive upgrades or illegal modifications. Additionally, many inner-city commuters are turning to mopeds and other small commuter bikes

2. Inadequate Training

The Georgia licensing program for motorcycles is exceedingly basic and covers only the basics of road knowledge and riding capability. As such, the vast majority of riders do not know the unique dangers inherent in riding a motorcycle, from the need for increased vigilance to the fact that they are very light in terms of grip and handling. Any Atlanta motorcycle accident lawyer will tell you that most persons who are very badly injured or killed while riding were either exceeding their own skills or going too fast for the bike’s design. Combine this with the fact that modern bikes are faster and more powerful than ever before and accidents are almost inevitable.3. Not Wearing Proper Safety Gear

Even though it is against the law in Georgia to ride a motorcycle without proper safety gear, all too often cyclists fail to do so. This almost ensures that a driver will be badly injured or killed in the event of an accident since motorcycles offer the rider absolutely no protection whatsoever in the event of an accident. The vast majority of persons killed while riding a motorcycle are killed when their head hits the pavement, shattering it instantly. Additionally, many persons suffer severe scrapes, burns and permanent skin loss if they are not wearing skid-proof clothing. This includes traditional clothing such as denim jeans and leather jackets in addition to purpose-made motorcycle gear.

4. Increased Car Traffic

Any Atlanta accident lawyer will tell you that most motorcycle accidents do not involve lone motorcycles, instead they involve a motorcycle being struck by a car. This is because cars, being large, heavy and on the same road as motorcycles are very likely to not be able to see a motorcycle before colliding with it. Additionally, even minor accidents between cars and motorcycles generally result in horrible damage to both the motorcycle and its rider. With more cars and bikes on the road every day, it’s no wonder the accident rate is going up.

If you are a motorcycle rider, be sure to wear the proper safety equipment, especially your helmet. Get the advanced training and understanding of your bike necessary to ride safely. Most of all, ensure that you keep an eye on the cars around you, because they will have trouble seeing you.

Molly Henshaw is a law student and freelance writer living in the DC metro area. She is also a contributing author for the personal injury experts at Buddoo & Associates. Contact an attorney as soon as possible if you have been injured in an accident so that your rights are protected!

Rock Star Settles Personal Injury Compensation Claim

Earlier on this month, the rock singer and reality TV star Bret Michaels and his specialist no win no fee solicitors finalised an on-going personal injury compensation claim with the organisation responsible for putting together the Tony Awards. The personal injury incident happened several years ago in 2009 when Michaels got hit over the head buy a set of piece during the award ceremony. The personal injury is supposed to have contributed to a brain hemorrhage which almost killed the celebrity who is the lead singer of the band, Poison.

In addition to the personal injury claim being launched against the organisers of the Tony Awards, CBS Broadcasting also being cited as eligible to pay out for personal injury compensation as this is the company responsible for airing the show and the accident on the night in question. In the personal injury claim writ, Michaels stated that he suffered from psychological and emotional damages which affected him in the long term. This was a result of the footage of the incident gaining considerable popularity on content sharing website Youtube. On the video-posting website and through social sharing, the footage reached viral status and was watched by tens of millions of people all over the globe.

In the world of personal injury compensation claims, injuries sustained to the head are often considered to be the most severe. A brain injury or some kind of knock to an unprotected head can cause brain damage which can subsequently create serious (and long-term) life-debilitating effects. When the personal injury happened on the stage of the Tony Awards, Michaels sustained a bruised leg, broken nose and also bleeding around brain which saw blood seeping through his ear. The star was rushed to the nearest hospital where  medical professionals diagnosed him with having suffered a haemorrhage which had, in turn, been followed by a stroke which Michaels stated almost took his life. At this stage, the total amount of compensation claim money agreed in the settlement is not being disclosed although it’s likely to be a significant amount of personal injury damage funds. This story was originally reported over at the Huffington Post.

Jim Loxley is a Director at road traffic accident claim specialist, My Compensation

Developing Useful Conflict Resolution Skills

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The following is a guest blog post by Letha Townsend discussing effective mediation skills, including conflict resolution skills, which can be useful in a personal injury setting.

No matter how much you grow and learn, there will still be conflicts in your life. Effective conflict resolution skills will continue to benefit you throughout the years. Learn the steps necessary to work through conflicts, hone the skills, and put them to good use when the occasions arise. In cases of personal injury, conflict resolution can assist in saving time, money, and a long litigation process.

Be Aware of Your Surroundings

Most conflicts don’t actually arise out of nothing. They build and brew, sometimes for an extended period of time. They have warning signs, and paying attention to what’s going on around you will allow you to see those signs and take action before things get out of hand. Working to resolve a conflict before it erupts into fighting is always wise.

If you are involved in an accident where personal injuries are sustained, you may not have a lot of time to pay attention to everything going on around you. Tempers can flare and the situation can erupt almost immediately. Therefore, being aware of your surroundings at all times will offer the best chance in case of an accident.

Less Talking and More Listening

You may be great at talking to explain how you are feeling, but it’s also important to listen to the other party. Use active listening skills to let the other person know that you have heard them and actually understand what they are saying. Restate, paraphrase, or summarize what was discussed, so the other party will recognize that you were actually listening to their grievance.

This is especially hard when one or both parties have been injured in some way. As easy as it is to place the blame, take a few deep breaths and listen to the other party. There are times when just listening and letting the ill-tempered party vent out their frustrations can lead to a resolution.

Collect the Necessary Information

This goes along with talking less and listening more. However, to gather the information you need, you might have to actually ask questions. Clarify any points you are confused about, and ask questions so that you fully understand what the situation is. Never settle for the old “if you don’t know what the problem is, then I’m not going to tell you.”

Forget the “You” Word

When you are trying to reach a resolution with another party, it’s vital that you use “I” statements. Talk about how you are feeling and focus on things you can change. It takes the sting out of the conversation and helps prevent it from becoming more confrontational than it needs to be.

As situations can quickly become volatile, you want to avoid placing blame. Often the resolution to a problem can be found easily by accepting the situation for what it is, rather than who caused it. This will help lead to effective resolution.

Flexibility is Important

When resolving a conflict, you must be flexible. This doesn’t just mean that you need to be flexible about a possible solution, but you also need to be willing to see the mistakes you have made. Acknowledge those mistakes and that you could have done better. Most importantly, be willing to work together on a solution.

Remain Calm and on Task

The biggest mistake you can make when trying to resolve a conflict is by losing your temper. By remaining calm you can control the situation, the other party, and the outcome with a clear mind. If you feel your temper rising, take a step back and calm yourself before engaging the other party.

Everybody Wins

With successful conflict resolution, everybody wins in some way. Even a person who was completely in the wrong can feel better, simply by knowing that they have been heard and their position was considered. In most conflicts, every party will get something they were hoping for, but they won’t usually get everything. It’s the compromise and flexibility that makes so many conflict resolutions successful.

All areas of your life will benefit when you possess great conflict resolution skills. Take the time to learn them and continue practicing them throughout your life. With every conflict, you will learn something and grow a little more.

Letha Townsend blogs about effective mediation skills, including conflict resolution. For those interested in learning more, several schools offer masters degrees in conflict resolution, including Abilene Christian University and Creighton University.

US and EU Propose Unique IDs for Medical Devices

The US Food and Drug Administration (FDA) has proposed that most medical devices distributed in the United States carry a unique device identifier, or UDI.

The US Congress passed legislation in 2007 directing the FDA to develop such a UDI system, but the FDA is only now doing so.

The US Congress and Senate both just passed the “FDA Safety and Innovation Act” with near-unanimous bi-partisan support – a rare event when it comes to health care reform.  The Act requires the FDA to enact the UDI system by the end of this year.

According to the FDA, “A UDI system has the potential to improve the quality of information in medical device adverse events reports.”  The agency says a UDI system will help “identify product problems more quickly, better target recalls, and improve patient safety.”

A UDI would be a unique code identifying the device manufacturer and the type of device.  It could also identify the device’s expiration date and batch or lot number.

This information would be stored in a public UDI database.  Patients who receive such devices – and their lawyers – would be able to look them up in the database to learn more about them.

Benefits of a UDI system are expected to include:

  • More accurate reporting of problems to and by the FDA
  • Reduced errors by medical personnel
  • Enhanced analysis of medical devices
  • Better management of device recalls

The UDI system could also help prevent the use of dangerous counterfeit medical devices.  For example, in 2010 counterfeit surgical mesh products were found in theUSmedical supply chain.

The European Commission is also preparing legislative proposals to improve controls of medical devices by the end of September, including a UDI system and database similar to the FDA’s.

These moves come in the wake of the scandal involving defective breast implants made by the French company Poly Implant Prothèse, and thousands of claims about other allegedly defective medical devices, including hip implants made by Johnson & Johnson’s DePuy unit and heart defibrillator leads manufactured by Medtronic.

Implementation of the final US UDI rule will take place in phases over seven years, and it is estimated that this will cost US companies about $550 million.  The highest-risk devices are to be labeled first, and over-the-counter devices would be exempted.

The FDA is an agency within the US Department of Health and Human Services responsible for, among other things, assuring the safety, effectiveness, and security of drugs and medical devices.

About the Author: Nussin S. Fogel, Esq., has been practicing for over 25 years as a New York slip and fall lawyer. Mr. Fogel founded Fogel Law, a firm specializing in Slip and Fall Accidents, Motor Vehicle Injuries, and other areas of Personal Injury Law. He has published on various aspects of Personal Injury Law across the web.

Preparation helps when driving abroad

British drivers who are heading to the continent this summer should prepare properly, or risk joining the growing numbers who have had a road traffic accident while driving abroad.

Driving abroad is a stressful experience for many British drivers. According to research from insurer Confused.com, nearly three quarters (73%) of Britons who will drive abroad this summer have a fear of foreign roads because of confusing foreign road signs, driving habits and cross-country law changes.

But there is clear evidence that many British drivers do little to make the experience easier for themselves.

A recent AXA survey reveals that British drivers are more likely to take risks with the law when they are abroad. Just over a quarter of those surveyed (27%) were less concerned about breaking speed limits abroad than at home, while 18% took drink driving less seriously than at home.

A further seven percent said they were less likely to use seatbelts abroad and four percent said they were more likely to use a mobile while driving than they would do at home. Only 38% said that none of the above applied to them.

The survey, of 2,000 drivers planning to take their own cars abroad this summer, also reveals that less than half were going to make any effort to check on the foreign driving rules and regulations that apply before leaving home.

Only 24% will spend time learning what local road signs mean and nearly two thirds (63%) will set off without checking that they have the necessary and valid driving documentation with them (e.g. proof of vehicle ownership, international driving permit), says the car insurer.

In separate research, Aviva reveals that almost three quarters (73%) of Brits have fallen foul of the rules of the road or got into difficulty when driving on holiday.

Twenty-eight percent of people surveyed told the insurer that they had misread or misunderstood foreign road signs and 16% admitted that they had actually driven on the wrong side of the road.

With this in mind it is perhaps reassuring that the European Commission is trying to make it easier for the victims of cross-border traffic accidents to claim compensation.

At the moment each EU country has different rules and time limits for claiming compensation, which can make it confusing and difficult for victims to obtain the justice they deserve. The Commission is looking at possible solutions, which could include a new law to harmonise time limits.

“There are around one million road traffic accidents in the EU every year and some of these inevitably involve visitors from other EU countries,” said Vice-President Viviane Reding, the EU’s Justice Commissioner. “A road accident is a stressful experience for anyone, but it can get even worse if the victim is denied compensation due to complicated rules on bringing a claim. The European Commission wants to find out more so that we can offer effective solutions and make sure all victims have proper access to justice. European citizens should feel at ease when using their car to go on holiday in another EU country.”

7 things you shouldn’t do if you are making a personal injury claim

When you are involved in an accident you might not always be thinking straight. Probably the last thing on your mind is what to do to ensure you are able to make a worthwhile personal injury claims, but it is important to remember you could reduce the value of your claim or jeopardise the chances of success if you do, or fail to do, certain things. Bear in mind that the defence will be looking for ways to reduce the amount they have to pay, or may be trying to wriggle out of liability entirely, so avoid making mistakes that could be costly later on.

The things to avoid if you are making a personal injury claim

1. Fail to seek medical attention

You need to see a doctor as soon as possible and get treatment for your injuries. Delaying treatment or seeking medical advice will only go against you when you make your personal injury claim.

2.  Fail to report the accident to the police

Getting a police report of the accident is one of the best ways to secure an independent witness to the incident. Even if you think it is a minor accident, call the police and let them decide whether to attend or not, that way you will at least have a crime reference number that verifies the time, date and location of the accident.

3. Fail to record important pieces of information

As a bare minimum you need to record the names and contact details of anyone involved in the accident, as well as any witnesses. If you can you should take photographs and written records of everything that happened, as it will all be useful for your personal injury claim.

4. Admit any liability or claim that you are ‘fine’ following the accident

Try to keep idle chat to a minimum generally and make it clear that you are hurt and will be seeking medical attention for your injuries. If you were in a car accident, do not move the vehicle until the police get there and never tell the other driver that it was your fault.

5. Fail to seek legal advice for your personal injury claim in good time

Getting a good solicitor on board through a company like the Accident Advice Helpline is critical to ensuring your case for a personal injury claim is watertight.

6. Exaggerate or misrepresent at any stage of the process

If your injuries are severe, then by all means record the pain you are in and how it is affecting your personal life. However, if your injuries heal earlier than expected or are not as severe as first thought, making them seem worse than they are is against the law and could result in a serious punishment.

7. Fail to keep records of expenses

If you are spending money on taxis, help around the house or prescriptions, all this can be claimed back as part of your personal injury claim. However, in order to do this you need to prove what you have spent and when, so all receipts and bills need to be kept safe from the moment you have your accident.

Get more information about Personal Injury Claim Company and Personal Injury Claim Value

Personal Injury Accident Overview for Injured Victims

Personal injuries are injuries suffered by a victim through no fault of his or her own.  Personal injuries are caused by someone else’s negligence, carelessness, lack of planning or thought, or simple disregard of the law.  Personal injuries fall under the category of law known as tort law; torts are actions that injure others.  When someone’s actions cause another person injury, whether that person intended to hurt anyone or not, a tort has been committed.

Personal injury attorneys represent the victims of personal injury accidents and help them to recover damages.  “Damages” is a collective term for any remedies available under the law to compensate a victim for a tort against him or her.  It usually means money, but could also be some action that the at-fault party, or defendant, has to perform, such as repairing a vehicle or taking a biting dog to training classes.

Personal injuries cause terrible damage to the victim as well as his or her family and friends.  This damage is most visible in the physical injuries suffered by the victim, but these are not the only types of injuries involved in a personal injury case.  The victim’s family suffers from the victim’s pain and suffering, loss of income, and loss of ability to participate in family life.  The victim may suffer from terrible mental anguish due to these problems, as well.  Things that were once easy are now difficult or impossible; this can lead to depression and other very real mental issues that accompany many personal injuries.

(more…) “Personal Injury Accident Overview for Injured Victims”

Has An Insurance Company Offered To Settle Your Whiplash Claim?

If you have suffered whiplash in an accident, the insurance company of the driver at fault may contact you offering a quick settlement of your claim. We can understand why this may be tempting to accept: you have just been involved in a traumatic accident, you are coming to terms with your injuries and you would like to put the whole matter behind you. However, we strongly advise that you do not agree to any offers of settlement without seeking independent advice from a legal expert.

Should you accept an offer made by an insurance company?

We regularly hear from whiplash victims who have been offered a quick settlement by the third party insurers. Ordinarily their first question is: should I accept the offer? Time and time again our legal advisors will say no, do not accept the offer. Understandably, the next question that follows is: why not?

Put simply, it is because the third party insurers want you to accept their offer because it is convenient for them. Not only will it save them time defending a claim, it will also save them a considerable amount of money. Indeed, they will offer you a settlement that is much lower than the amount to which you are legally entitled. Remember, you deserve financial redress for your pain, suffering, loss of amenity and loss of expenses. This can add up to a considerable amount of money and an insurance company will do their best to avoid paying it.

What should you do instead?

Therefore, if you are offered a settlement by an insurance company, you should not agree to anything until you have spoken to an independent legal expert. The likelihood is that a solicitor specialising in whiplash claims will advise you to reject the offer and instead begin a claim against the driver at fault. Taking legal action with the help of a solicitor will ensure that you are awarded an appropriate sum of compensation that duly reflects your injuries. The amount obtained by your solicitor on your behalf will be much higher than any direct offers made by a third party insurer.

Contact 1stClaims today

To claim the compensation to which you are rightfully entitled, you need to speak to a legal expert as soon as possible. At 1stClaims we have a team of dedicated solicitors who are ready to help you obtain financial redress for your whiplash injury. In the majority of cases claims must be made within three years of the event, so please do not hesitate when contacting us.

Safe Driving Tips

The following is a guest blog post from a US blogger outlining safe driving tips.

Automobile accidents are a leading cause of death in this country. If you have never been in a car accident before, you may be scared and unsure of what to do.

Read the following safe driving techniques to try to avoid an accident happening to you:

  • Turn off your cell phone. Many states have laws that ban the use of cell phones while driving. It is proven that talking and texting behind the wheel delays your reaction time. Put your cell phone away. If it is too tempting, turn it on silent or even turn it off during drives.
  • Avoid distractions. Eating, applying makeup, interacting with passengers, and using other portable devices provide a distraction while driving. Focus on driving and avoid other temptations.
  • Don’t drive while drowsy. Driving drowsy is just as dangerous as driving drunk. Know your limits. Pull over and take a quick 20-30 minute nap or have a friend take over the wheel. That’s what rest stations are for. If you have been drinking, assign a designated driver or find a place to stay the night.
  • Wear your seat belt. Wearing your seatbelt can save you from being thrown around inside a crashing vehicle, or thrown through the windshield and out of the car.
  • Call the police if you’re in an accident. You may be under the impression that the police should be called only if it is a major accident. Call the police no matter how minor the accident is, especially if repairs are needed. Repairs may look better than they are.

Car accidents are almost always unexpected. So if it happens to you, don’t blame yourself. Even the best drivers get into accidents sometimes. Know what to do when this kind of situation arises, and stay calm.

If you need legal assistance with a car accident or personal injury, contact the lawyers of Naftulin-Shick Accident Law today at 888-898-8803.

The Importance Of Personal Injury Lawyers in Anchorage

If you have been injured due to the recklessness of others, it is best you consult an Anchorage personal injury lawyer. A legal expert can assist you in claiming compensation from another party or the company you are working for. Usually these claims comprise of medical negligence, car accidents, office injuries caused due to slips or falls, malfunctioning machines, physical violence, and defective consumer products. You can claim compensation for other matters as well, such as salary losses, job loss attributable to the injury, and the like.

Not all lawyers in Anchorage are qualified to file a personal injury claim. Hence, it is important to find a skilled expert. One of the reasons for this is that insurance companies appoint attorneys who are well-versed with the subject of personal injury laws; therefore, it becomes essential for the injured victims to have a lawyer who is just as informed. Expert lawyers that focus on a specific injury can use their knowledge to handle the claim.

Apart from this, lawyers also have links with several medical specialists who can assist in making the case stronger. Filing a lawsuit is a tedious process and you must have qualified attorneys and medical experts by your side to make sure things go in your favor. A spinal cord or brain injury can normally cause major issues like paralysis and loss of consciousness where the person cannot work and requires constant medical attention. At such point the legal expert filing the case has to be capable of illuminating the reason behind such a mishap.

There are lawyers for all types of disasters like workplace mishaps, car mishaps, slips or falls and accidents due to faulty products. However, when hiring an Anchorage personal injury lawyer it’s important to notice a few things such as, what kind of lawsuit the expert specializes in, whether the lawyer has worked on cases similar to yours and if yes, what exactly was the outcome. One of the law firms in Anchorage that deal with personal injury cases is Pentlarge Law Group. The office represents clients who have been injured due to automobile accidents, drunk driving, premises liability, accidents due to machinery, and the like. For a quick consultation, visit http://www.pentlargelaw.com/ or call (907) 276-1919.