Personal Injury Law Blogs

Maritime Accidents Require the Best Possible Legal Assistance

Maritime law is one of those fields so branched and complex that requires years of researching to fully understand. If things weren’t already complicated for those unfamiliar with these laws, maritime law is always evolving, always trying to get one step closer to perfection, step than could save thousands of lives. Living proof is today’s laws regarding maritime accidents and those from one century ago. With today’s technological boom, sea vessels and ships have come a long way and with them the laws and regulations became more evolved and more strict trying as much as possible to offer safety and protection to those that work at sea.

Working at Sea is Dangerous

Even with the recent technological breakthroughs, accidents on ships and vessels still happen every day. These can be caused by numerous factors such as machinery malfunctions, defective equipment, ship or sea vessel is not properly maintained or technically checked before going to sea. According to the U.S Bureau of Labor Statistics, working at sea is one of the most dangerous occupations in the United States and requires clear and strict laws and regulations to protect those working on sea.

Seek Professional Assistance

If you were injured at sea, you need to seek the best possible medical and legal assistance, no matter what type of injury you have suffered. Seamen have specific rights and benefits that they may not be aware of and need the right maritime lawyer to guide them in taking the best possible decisions. Maritime law is a complex set of federal rules and statutes that govern the amount of financial compensation you and your family are entitled to and what are the actions that need to be taken against the negligent entity. Given the complexity of this particular field, your legal defender needs to have the appropriate experience and knowledge to fight against the lawyers of the company you are working for.

Don’t Accept any Out-of-Court Agreement without Consulting a Lawyer

Maritime employers often try to reach an out-of-court agreement with the injured employee so they will save time, money and their image remains clean. If your employer wants to reach such an agreement you have to reject it no matter how tempted you may be by the benefits. Any agreement between the two sides without a lawyer on your side will most likely be in the benefit of the employer and not that of the employee.

Big name employers have their own experienced lawyers that will try as much as possible to lower the company’s losses and keep its image as clean as possible. Fighting against them will be more difficult but with the right legal defender on your side, getting the maximum amount of financial compensation is possible. Your maritime lawyer will send investigators to search for clues at the accident place for a better picture of what happened and what exactly caused your injury. Your lawyer needs to know as much as possible about the accident in order to determine the best legal strategy to ensure you the best outcome in the courtroom.

Being injured is a very difficult situation to be in, not only from a financial point of view but also mentally. An experienced lawyer can be your best friend in these difficult times, trying to get you the amount of financial compensation that will allow you and your family to quickly get over this unfortunate event.

Can I Expect the Insurance Company to Settle to Avoid the Costs of Litigation?

There is no question that many lawsuits end in a settlement because both parties are discouraged by the fear of litigation costs. In 2012, however, defense costs seem to be a factor of decreasing significance in settlement negotiations. Most large car insurance companies like State Farm and Allstate have “captive” staff counsel offices in major metropolitan areas. Bizarrely, for those who note details like conflicts of interest, these defense lawyers are actually employees of the insurer. They are paid a salary and defend against car accident lawsuits brought against that carrier’s insureds. The cost savings to the insurer resulting from this approach is obvious. These lawyers (and their offices and staff) are a fixed cost, so adding one more case to defend does not make a big dent to the carrier’s costs, or its settlement analysis on any particular case. More importantly, litigation costs make no dent psychologically in the eyes of the insurance companies.

Okay, but what about smaller insurance companies or cases where the large insurance company does not use, for whatever reasons, outside counsel? Even when the insurance companies are required to hire private attorney, the cost is not what it used to be. Insurance defense lawyers are getting squeezed in this modern economy. For many accident claims, competition for insurance defense work is intense and it pushes, as you learned in Economics 101, costs down considerably. Insurance defense lawyers are now competing on price to get a significant volume of work from a particular insurer. It is not unusual for experienced defense attorneys to do this kind of work for hourly rates below $150 per hour.. or less. Often defense firms will even handle small claims for a flat rate to guarantee a steady volume of work. When a defense can be obtained so cheaply, defense costs are unlikely to significantly affect settlement. (The good news for plaintiffs’ personal injury lawyers in all of this? Insurance companies focus on costs, not quality of their lawyers. This gives smart plaintiffs’ lawyers a real edge.)

The game changes a bit for more complex cases involving death, catastrophic injury, or product liability, defense costs may be an issue. These claims often require more skilled insurance litigation counsel and have higher trial costs due to the array of costly experts required. In cases like these, defense costs still remain a factor in insurers’ settlement evaluations. But the take home message is still clear: don’t expect the insurance company to want to settle a case merely to avoid costs.

This post is written by Ron Miller who is a personal injury lawyer who handles serious injury accident, malpractice and product liability cases in Maryland.

Personal Injury Claims Tips

Top Tips When Making Personal Injury Claims

With more accidents on the road, work related accidents and slips, trips and falls being reported than ever before, the Accident Advice Helpline has revealed the 6 top tips to help victims successfully make Personal Injury Claims.

1. Write everything down

For victims of accidents, it is important to keep as much information as possible. Claimants need to get the names and addresses of everyone who was involved in the accident, including any witnesses. If the victim is incapacitated to the point that they cannot do this for themselves, then someone else needs to take control of the situation and get these details written down.

Keeping a note of all medical appointments attended, diagnoses, prescribed medication and details of all symptoms will also help in pursuing personal injury claims. It can be a good idea to start a diary or journal, noting down events of importance or the development of new symptoms when they happen.

2. Take photos where possible

It is said that a picture tells a thousand words, and never has that been truer than in the world of personal injury claims law. A few years ago, it would have been very unusual to expect the prosecution to be able to produce photographs of a vehicle collision, a poorly maintained pavement that caused a trip or other pictorial evidence to support their case. However, with so many people owning mobile phones with cameras on board these days, it is easier than ever for people to snap a picture of the situation as it happens. Victims with photographic evidence will find the defence has far less room for manoeuvre and therefore their claim can be processed much more quickly and smoothly than it would without the images.

3. Keep everything in a folder or file

If there is one thing that the Accident Advice Helpline has learned through its years of involvement in the personal injury claims industry, it is that these processes are easier if you stay organised. With this in mind, its’ a good idea to start a file or folder for your personal injury claim as early on as possible. Even if the victim doesn’t file things in any sort of order, just having all the necessary paperwork in one place will inevitably take the stress out of making a claim.

4. Prove it

Often being injured in an accident has much further reaching consequences than one might think. As well as the immediate implications of not being able to work or to drive, for instance, there are also longer term implications relating to the care of the victim, their home and their family. Many people who are injured to the extent that it takes a few weeks, or even months, before they are back on their feet find that they need to enlist the help of family, friends and professionals to help them keep on top of everyday jobs, childcare or home maintenance tasks.

However, it is not enough to simply state as part of personal injury claims that the victim has done this or that; it is better if you can prove it. Claimants can help with this process by keeping receipts, invoices, bank statements or anything they think will help to calculate the total costs involved in their case. Expenses relating to medicines, food and drinks bought whilst in hospital and petrol used by relatives taking the claimant to medical appointments can all be claimed for too, so the best course of action is to keep everything written down and as many receipts as possible to get back everything you are entitled to.

5. Get Expert Advice

Accident Advice Helpline offer free expert advice so you can discuss your case in detail with no obligation and find out about the process of claiming. They can also ensure that you will end up with a 100% No Win Fee Solicitor from their long established and vetted panel of specialists.

Quite often the best solicitors in the business are not the ones that shout the loudest, so avoid the ones who approach victims in hospitals or have overbearing television adverts. Claimants should take some time to check the services available and to ask about solicitors experience with personal injury claims cases to make sure they get the right person on board with their case.

6. Settle early where possible

When a solicitor has had a chance to contact the defendant and they have admitted liability, they will usually be able to give an indication of roughly how much they think the claim is worth. At this point, they will often ask the claimant what level of compensation they would be willing to accept and in the majority of cases an offer will be made to settle the case out of court for this amount. This means the claimant will get paid faster and that a good deal of stress will be taken out of the process, leaving the victim of the accident in peace to concentrate on their recovery.

For claimants who have suffered injuries through accidents that were not their fault, making personal injury claims with the right company should be a fairly straightforward process. By following the advice offered here by the Accident Advice Helpline, their experts say claims will be processed faster and compensation amounts will generally be higher.

5 things to keep in mind if you have an accident at work

When you have an accident at work, there are likely a million things going through your mind, the least of which should be how you will continue to make money to support yourself. If you have experienced an incident on the job that has led to you inability to work, you may wish to file a work accident claim. Here are several other things to keep in mind.

1. Let your employer know about the accident immediately. All employers are obligated to report accidents at work, especially those that affect your health or physical well-being. This will help, even if you feel that the accident was not serious enough to warrant time off in your case because you may suffer from a related physical condition later on that was initiated by the accident.

2. Learn about your employer’s policy for sick pay. Ideally, this is something that you will do immediately after you are employed so that you can be prepared in case of an at-work injury. In most cases, the employer is only required to give you statutory sick pay. However, some companies also have an additional pay structure for sick time depending on your contract and how long you have been employed at the company.

3. Follow up with the employer to see if safety hazards have been eliminated. When or if you return to work, you should have a discussion with your employer to see if the conditions that led to your accident have been fixed.

4. Make a work accident compensation claim. If you feel that the accident occurred because of negligence on the part of your employer (that is, a failure to provide safe working conditions), you may also wish to file an accident claim to get compensation. In this case, you will likely need to hire a lawyer. The purpose of an accident claim should be to put you in a similar financial position to your earnings before the accident.

5. Take extra precautions in the future. In addition to expecting safe work conditions, this is also a good time to evaluate how you can prevent more accidents from occurring through vigilance and safety precautions.

Seriously Injured in a Car Accident? Follow These Steps

No one plans or wants to be involved in a car accident. However, more than three million people are injured in car crashes every year. In other words, it could easily happen to you. The sad fact of the matter is that the majority of auto accidents are completely avoidable. Even if you’re a very conscientious driver, you can’t control what other people do on the road. As a result, it’s important to know what to do in the wake of an accident. Protecting your rights is vital. From collecting the other driver’s information to exploring the option of getting a lawsuit cash advance, there’s a lot to keep in mind. A breakdown of the most important steps is provided below.

What to Do in the Aftermath of a Car Accident

Exchange Information – After the dust has settled, exchange contact information with the other driver. Make sure to also get their driver’s license, insurance and vehicle registration information. You can jot everything down on a piece of paper, or you can take photos of these documents with your phone. If there were passengers in the other driver’s car, get their contact information as well. The same thing goes for anyone who witnessed the accident.

Take Plenty of Pictures – As long as you have a smartphone or a cell phone with a camera, you should be able to take photos right away. In fact, it is in your best interests to do so. The accident scene can change quickly. Take photos of the vehicles that were involved; zero in on any damage that occurred. Snap shots of evidence like skid marks and broken glass on the road. Take pictures of traffic control devices, rights of way, lanes and other parts of the scene. These photos could prove to be invaluable later.

File a Police Report – While you’re still at the scene, call the police. When they come out, make sure that a report is being filed. Get a copy of it as quickly as possible.

Consult a Lawyer – It’s not unusual for various expenses to arise in the wake of an accident. From missing work and pay to owing medical bills, you may be able to file a lawsuit to recoup your losses. Keep receipts for all of the expenses that you incur due to the accident. You may be able to be reimbursed for those expenses later.

Finally, lawsuits can take a while to unfold. In the meantime, you might want to get a lawsuit cash advance. It will help you through the financial stress of dealing with an auto accident, and the process is quick and easy.

Jill Burbank is a blogger who writes for several online publications. Follow Jill @JillBurbank2.

3 Steps To Making A Successful Personal Injury Claim

When you’ve been involved in an accident that wasn’t your fault, you want to make sure that your case runs as smoothly as possible. There are several ways in which you can help your solicitor to build a solid case – making the claim less stressful and more likely to succeed.

Research

Before you approach a solicitor, it is a good idea to do some research online as to whether you actually have a claim. Otherwise you risk wasting both your and your solicitor’s time. Websites such as DirectGov have a plethora of information about personal injury claims including when you might be able to make a claim, how long you have and what you will need.

By having a good idea of the process before you start, it will make it much less daunting. If you know other people who have been through the personal injury process, ask them how they found it.

Evidence & Details

Think about what evidence you have against the defendant. If it was a car accident, are there pictures of the damage done to the car? Do you have copies of your doctor’s reports? You may also need to show receipts for any costs incurred as a direct result of the injury such a travel expenses.

Many solicitors offer a free initial meeting for new clients, so make the most of this meeting by asking exactly what they need from you.

No Win No Fee

A no win no fee arrangement can be very beneficial for all parties. If a solicitor agrees to take on your case under a no win no fee agreement, it shows that they have faith that the case will succeed, otherwise they could end up spending a long time on an unsuccessful case – resulting in them getting less money that they would have earned otherwise. The laws have recently changed regarding no win no fee to make it easier for the plaintiff to keep more of the money after the case. Speak to your solicitor about which form of payment is correct for you.

About the Author:

Gordon Dean is the owner of Gordon Dean Solicitors in Norfolk.

British road deaths rise by 3%

I was disappointed to hear that the number of people killed or seriously injured on British roads rose by 3% in 2011. It is the first rise since 2003.

More worrying still is the fact that the numbers of pedestrians killed and cyclists seriously injured have also risen – by 12% and 16% respectively.

The figures, published by the Department for Transport, reveal:

  • There was a 3% rise in the number of people killed on British roads – up from 1,850 in 2010 to 1,901 in 2011.
  • The number of people reported killed or seriously injured has also increased – up by 2% to 25,023. This is the first annual increase since 1994.
  • The total number of casualties (slight injuries, serious injuries and fatalities) continued to fall – dropping 2% from 208,648 in 2010 to 203,950 in 2011.
  • Total reported child casualties (ages 0 – 15) also fell – dropping 0.5% to 19,474.
  • The number of pedestrians killed on the roads in 2011 increased by 12%, rising from 405 in 2010 to 453 in 2011.
  • Serious injuries for cyclists rose 16%, from 2,660 in 2010 to 3,085 in 2011, while the number of fatalities dropped by 4%, from 111 deaths in 2010 to 107 in 2011.

Road safety campaigners described the figures as a wake-up call.

“This is the first time that deaths have risen since 2003 and serious injuries since 1994,” said Robert Gifford, Executive Director of PACTS (the Parliamentary Advisory Council for Transport Safety). “They also occur at a time of no change in terms of the amount of traffic. For deaths to begin to rise at a time of recession should be a matter of concern to the government.”

He called on the Government to enter a genuine dialogue with the profession about a vision for road safety for the next decade.

According to road safety charity Brake, the Government should reinstate national casualty reduction targets, which were abandoned last year, and take action on priority areas to bring road casualties down.

“We need to see greater ambition on bringing casualties down and making our communities safer places,” warned Julie Townsend, Brake deputy chief executive. “We need decisive policies on young driver safety and drink driving, and we need investment in measures to protect people on foot and bicycle – which can bring about health, environmental and economic benefits, as well as tackling needless suffering.”

Will the Legionnaires’ outbreak in Edinburgh lead to a surge in claims?

A deadly disease has been spreading across the Scottish capital over the past month leading to serious questions regarding the city’s water management and safety to the general public as health officials state the outbreak has reached its peak.

The outbreak of Legionnaires’ across Edinburgh has already taken the lives of two men, both from the city, however this number could easily rise with 48 confirmed cases and 47 suspected cases within the South West of the city.

What is Legionnaires’?

Legionnaires’ disease is a form of pneumonia which can often be fatal if left untreated. It can affect anyone, however those who suffer from long term illness, regularly smoke or are young or old are more susceptible.

The causes of the disease is from a bacterium that can be found in water sources including rivers, reservoirs and purpose built water systems where it can multiply, however the disease is usually contracted abroad due to dirty water and is rarely found in the UK.

When the bacterium is dispersed into the air it can contaminate the entire area surrounding the source which in turn can affect the local population.

So will this lead to a surge in compensation claims?

The source of the outbreak is yet to be established after weeks of testing, however it is believe the disease originated from a cooling tower in the south of the capital. If this confirmed then I certainly predict a surge in personal injury claims will follow.

Any member of the public who has contracted Legionnaires’ disease has the right to take legal action against an offending company due to the potentially fatal nature of the disease.

The fact that the bacteria has spread due to human negligence across Edinburgh, resulting in illness for so many in such a short amount of time, entitles victims to make a case against the company who is at fault.

Three major organisations across the city have already been handed an improvement notice by health officials as part of the investigation into the source of the outbreak including the North British Distillery, Macfarlan Smith and The National Museum.

What is being done to contain the outbreak?

  • Once the outbreak had been confirmed by Health and Safety Executives and the City Council, an incident team swung into action to find out the source of the disease.
  • Environmental health officers have asked all companies who use a water system on a regular basis to oversee specialist contractors ensuring they undertake refresher training and regularly check the supply.
  • Companies linked to the outbreak have been given an improvement notice to ensure their water supply is regularly checked and maintained.

While the Health a Safety Executive and Edinburgh Council are counting investigations into the possible source, the outbreak has undoubtedly raised serious questions.

About the author: As Managing Director of Precision Claims Simon Thompson has vast experience of dealing with claims for illness and injury. They have a personal injury team that deals with a range of different cases. Visit their personal injury claims page here.

Are Injury Consultations Worth Your Time?

Personal injury victims come from all walks of life, all income levels, all ethnic and racial backgrounds, and all religious persuasions.  There is no one defining characteristic of the group of people that make up personal injury victims except one fact:  they have all been injured by someone else’s negligence or carelessness.

A personal injury is one in which another person or entity caused or maintained a dangerous situation that led to injury to another individual.  What this means is that someone else is responsible for your injuries, and it is only right that this person should pay for your damages, including medical bills, pain and suffering, and living expenses while you recover.

However, most personal injury victims are not handed this type of settlement.  Many of them never receive anything at all, while others get only a fraction of the value of their cases.  Those who consult personal injury attorneys have the highest chance of getting the full amount of damages they are owed.

Mission Viejo injury consultations with personal injury lawyers are a good way to start the process of recovering damages for your injuries.  No matter what type of injury you have sustained, you will find that Mission Viejo personal injury lawyers have a plan to get you the money you need to pay your medical bills and living expenses, as well as recover money for your mental trauma, including pain and suffering.

(more…) “Are Injury Consultations Worth Your Time?”

How You Can Benefit From A Los Angeles Personal Injury Attorney

Being injured in an accident can have long term negative repercussions in a person’s life. Under Los Angeles personal injury laws, many victims are able to recuperate the medical expenses and other losses they suffer due to personal injuries caused by accidents at work, on the road, medical malpractice, etc. Victims suffering from personal injuries can learn more about how the laws can work on their behalf by consulting a personal injury attorney.

Why Hire a Los Angeles Personal Injury Attorney

Most people have little knowledge of personal injury laws or how to file a personal injury case. As a result, they miss out on possibilities of recuperating losses from their injury. When it comes to personal injury claims, not all situations are the same. Extenuating circumstances can have a direct effect on a victim’s case which may work for or against an individual in a court of law.

This is where having the assistance of a personal injury attorney can benefit personal injury victims. Professional attorneys not only know the laws concerning Los Angeles personal injury claims, but they are well versed in how to file and handle personal injury cases. Their input can make the difference between success or failure in your receiving the compensation you seek. There are dozens of personal injury lawyers in the Los Angeles area with experience in this field. By carefully researching your options, you should have no trouble choosing an experienced lawyer who can help provide the help you need.

The Responsibilities of a Personal Injury Attorney

Choosing a competent personal injury attorney can be a challenge, especially if you are not familiar with anyone in this field. One of the best ways of finding a competent attorney is to seek referrals from colleagues or friends in finding the attorney you need. Once you have chosen an attorney, you should become familiar with his or her responsibilities toward your case to ensure you are receiving the services you need. By working closely with your attorney throughout your case, you have a better chance of succeeding.

The following are some of the major responsibilities of a professional personal injury attorney:

•compiling and filing all legal documents concerning your case
•representing your case in court, if need be
•providing you with professional legal advice throughout your proceedings
•researching all details concerning your case, to include talking to all individuals involved and building a solid case on your behalf

The ultimate purpose of hiring a Los Angeles injury lawyer is to obtain compensation for personal injury losses. Your attorney should be fully prepared to take your case to trial, if need be, to obtain the results you desire. Many personal injury cases, however, never make it to trial as they are settled ahead of time out of court. Obtaining a fair and just settlement is yet another responsibility that lies in the hands of your attorney. In the event of settlement out of court, your attorney should ensure your interests are well protected in whatever agreements are made. In summary, a qualified attorney can be of tremendous benefit in a personal injury case to ensure you get the compensation you seek.