Personal Injury Law Blogs

School Caretaker Wins £25,000 Accident Compensation Claim

A school caretaker who was employed by an educational establishment in Nottingham has won £25,000 in an accident compensation claim. The man, who was 64 years of age at the time of the accident, was forced into early medical retirement following serious damage sustained to tendons in his neck and left shoulder. The accident compensation claim was made for the incident which occurred in 2008 whilst he was attempting to loosen a bolt which was holding a window closed at the primary school which employed him.

However, someone had previously painted over the bolt which snapped subsequent to the caretaker’s attempt to loosen it by applying pressure with a spanner. The man fell from stepladder, crashing onto the corner of a desk and hitting his head, and neck and shoulder. Extensive physiotherapy was required but the process was unable to rehabilitate him sufficiently to return to his job.

Public service trade union, UNISON instructed a no win no fee accident compensation claim specialist to pursue for damages. The investigation revealed that no system was in place at the primary school to execute inspections on repair assessments to the school. Such a system would have uncovered the fact that the window bolt had been painted over, thus avoiding the injury and need for an accident compensation claim in the first instance. Helen Black, who is the regional secretary for the East Midland branch of UNISON stated that the “school [had] lost a loyal member of staff who was badly injured because an inspection programme had not been implemented” Black went on to say that the “government has redefined schools as ‘low-risk workplaces’, which sends completely the wrong message to those responsible for the health and safety of pupils and staff.”

The court overseeing the accident compensation claim found the case to be easily in the favour of the caretaker. The specialist solicitor argued the case that the simple health and safety features should have been well in place at the school, a course of action which would have avoided the accident entirely.

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Jim Loxley is a Director at claims specialist, My Compensation

Benefits of Hiring Brain Injury Lawyers

Brain injury is damage to the brain tissues which may or may not be permanent. The damage again can be accidental or followed by a disease. Trauma due to an accident or diseases such as cancer or Alzheimer’s can cause brain injury. A brain injury lawyer is a legal representative, who helps you to handle the legal formalities involved, such as suing the responsible party for the accident that caused the brain injury, claiming recovery amount from the insurers, and he also answers the queries regarding rehabilitation, and personal injury laws.

Brain injury attorneys handle cases related to personal injury that is usually confined to brain injury. For people who do not know whom to turn to after experiencing a brain injury in an accident, a brain injury lawyer is the best help available.

Benefits of Hiring Brain Injury Lawyer
These lawyers are specialized in the head injury policies and regulations. They know what happens after an individual experiences a brain injury and needs to file a lawsuit. He has thorough experience in handling such cases and he knows the prosecution lawyers, juries and court staff. This helps in preparing for the court proceedings.

These lawyers know what can be termed as a rightful claim and how exactly a claim has to be made. Before making actual claim a lawyer assesses the damage caused due to brain injury and evaluates the claim amount. He also collects evidences and carries out the case discovery procedure to present the case before jury. In case, the opponent party is willing to litigate or settle the case out-of-the-court, a lawyer should take appropriate steps to execute a favourable decision for you.

Responsibilities and Duties
Responsibilities of a brain injury lawyer are similar to other types of lawyers practising law in specialized arenas. He evaluates your case, and verifies if it has a viable ground. He should be able to analyse the guilty party against whom the brain injury lawsuit needs to be filed. He also should be aware of the ways a party can be held responsible, and a lawsuit should be filed against the party. He must have good knowledge about the compensation laws and a brief idea about the personal injury laws too.

He should evaluate the prognosis of injury and whether or not long term care is required. He also assesses and guides clients about the amount of damages the insurer will cover. He is aware about the slashing and shunning attitude of the insurance companies and hence, he should take legal action if the insurance company runs out of its responsibility.

Education
An advocate specialized in brain injury laws studies Juris Doctorate from an accredited law school. Before going to a law school, he needs to finish preliminary schoolings and posses Bachelor’s degree from any discipline. Most of the law schools require their students to do legal clerkship or law intern-ship to understand the legal field better. A law school graduate further passes state bar examination to obtain license to practice law.

A brain injury lawyer represents people, who have suffered brain injuries due to various reasons including accident, disease, surgeon’s negligence while performing a brain surgery, or due to overdose of anesthesia by an anesthesiologist.

About the author: Written by Lords Screw for Typeoflawyer.com

Personal Injury Law In Washington

If you live in Washington state and have suffered a personal injury then you may wish to contact a personal injury lawyer. These lawyers will offer a free consultation to let you know if your case has merit. They will help you to decide whether to pursue the case and if there are other legal methods that you may wish to pursue. Many of these lawyers will not take the case if they are not completely certain that you can either win or settle. To prove their confidence, many of these lawyers will only receive a fee if you receive a settlement.

Personal injury lawyers can help you in a variety of different scenarios. They can help with workplace accidents as well as with auto accidents. They can help you to receive the money that you deserve from the parties involved as well as from insurance companies. Studies have demonstrated that people who work with these lawyers will often receive more money than those who simply relied on their insurance company to do the right thing. These lawyers are trained in special areas that help them to negotiate the best settlement with insurance companies and other parties.

There are many laws that are unique to Washington state when it comes to personal injury and these types of cases. For instance, the statute of limitations is three years when it comes to these types of cases. In addition, the state places no limits or caps on the amount that can be awarded in such cases. The courts of this state have decided that placing caps would be in violation of the state constitution. Medical malpractice suits can be pursued for up to three years in this state. Product liability suits can also be pursed for up to three years.

If you are pursuing a case in any of the following areas, you will need to know the unique circumstances that effect the state of Washington. Wrongful death, Slips and Falls, Auto Accidents, Medical Malpractice, Products Liability and Workers’ Compensation claims will all contain elements  of law that are unique to the state of Washington. For this reason, it is imperative that you contact a lawyer that is licensed to practice law within Washington and is well versed in the particular laws of that state.

These types of lawyers can help you in a variety of different ways with your lawsuit or insurance claim. They can help to ensure that you receive the best medical care that is possible for your particular injury. They can also help you to receive the money that you need in order to pay your medical bills in a timely manner. Everyone knows how quickly the financial reputation of a person can be ruined with unpaid medical bills. The credit rating of an accident victim can quickly suffer if they do not have the proper representation to ensure that their bills are paid on time. These lawyers can help to make certain that you are properly compensated for any loss or damage that may have occurred to you in the form of property damage or injury to your physical person.

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Gary Hall likes to write. A lot. With that comes a keen mind for personal injury law, lawyers – and on some cold nights – a good eggnog recipe. Gary currently writes for several law practices, including Fannin Litigation Group – they can be found at fanninlaw.com

Texas Couple’s Suit against Internet Posters

Mark and Rhonda Lesher filed a defamation lawsuit after anonymous commenters from the Internet forum Topix.com posted thousands of posts accusing them of being drug dealers, criminals and sexual deviants. On Friday, April 20, a jury awarded the Texas couple $13.75 million. According to Meagan Hassan, the Lesher’s attorney, this award is the largest award from an Internet libel case.

Leshers Accused then Cleared of Sexual Assault Charge

The Leshers had made Texas news after Shannon Coyel accused them of sexual assault. After the allegations surfaced in 2008, over 25,000 comments were posted on the Topix forums. These forums are accessible to anyone with Internet access. The comments accused the Leshers of participating in sexual deviance, criminal behavior and dealing drugs. They also attacked the Leshers’ businesses. Although a jury found the couple not guilty of sexual assault in January 2009, anonymous posters on Topix.com continued to attack them.

Identifying Anonymous Posters

When the Leshers filed their lawsuit in February 2009, the judge demanded Topix to turn over Internet Protocol (IP) addresses of the anonymous posters. An IP address refers to a string of numbers that is unique to each computer with an Internet connection.

The Leshers initially sued 178 anonymous posters, but the IP addresses narrowed the defendants down to two computers. These computers were used by Shannon and Gerald Coyel and one of their employees. Hassan said that she was able to locate more than 25,000 libelous posts on Topix that attacked her clients. She introduced 800 of the worst posts in court.

Damaged Reputations

Due to the attacks on the forum, the Leshers closed their businesses and left Clarksville, a town with a population of about 3,500 people. They had lived in this small Texas town for over 20 years. Rhonda owned a beauty salon and Mark was an attorney. They claim that their businesses and their personal reputations were badly damaged by the comments on the online forum. The Leshers accumulated over $250,000 in legal bills and were forced to sell their ranch to pay their fees.

The jury required Gerald Coyel to pay $5.1 million to Mark Lesher to compensate him for the loss of his reputation and mental anguish that he suffered as a result of the Internet postings. In addition, he must pay Rhonda Lesher 3.168 million for loss of reputation, loss of her business and mental anguish. Shannon Coyel and Charlie Doescher, the Coyel’s employee, were each ordered to pay $1.7 million to Mark Lesher and $1.056 million to Rhonda Lesher.

Internet Anonymity and First Amendment Rights

This case has raised the issue of Internet anonymity. Many Internet users are under the false assumption that they can remain relatively anonymous online by choosing a unique screen name and not posting identifying information. However, IP addresses are unique to each computer and can be traced to an individual computer. This area of law is currently in flux, with many states working to determine the limits of Internet behavior. On one hand, the First Amendment guarantees the right to free speech. On the other hand, defamation law sets limits on that freedom, preventing citizens from unfairly damaging the reputation of others. The laws that apply to Internet communication are currently in flux, with many more lawsuits likely to follow.

About the author

Written by Jeff Sanderson for WalnutCreekDUILaw.com.

Make yourself aware of the auto insurance laws of different states before you buy

(US Law) Having your own auto is a necessity of most Americans and it is important that you buy an auto insurance policy to keep your car protected. Just like it is essential to know insurance law of your state while buying an insurance policy similarly it is essential to know the auto insurance law of your state when you buy insurance for your auto. Different states have different auto insurance laws. While shopping around to buy auto insurance policy, make sure you are aware about the insurance laws of your state. However, if you do not have adequate knowledge, it may be helpful to ask an insurance agent to find out more about the laws related to insurance of your state. Alternatively, searching online may be a useful avenue. Below are some general bits of information about the auto insurance laws of different states in the US.

Auto insurance laws of different states

It is very important to know about the auto insurance laws of your state before you decide to buy the best insurance policy for you. Read on to know about the auto insurance laws of different states.

  • Tort states – Some American states such as Alabama, Arizona, California, Colorado, Mississippi, Georgia, Nevada, West Virginia, South Carolina, are known as ‘tort states’. If an accident takes place, the driver of these states is considered to be at fault for the occurrence of the accident. If you live in any of these states, make sure that you buy at least the minimum liability coverage. This will enable you to pay for the injury to the other person that may have occurred due to your fault. Consulting a personal injury lawyer is prudent.

  • No fault states – The no-fault states consist of Florida, Kansas, Hawaii, New York, Massachusetts and Utah. The auto insurance laws of these states are different in some respects from the tort states. The driver in the no fault states is not believed to be at fault for the cause of the accident. It is considered that the accident may have take place because of some unavoidable situations. Hence, the drivers of these states should buy a car insurance policy so that he or she may be able to get coverage.

  • Add-on states – Arkansas, Maryland, New Hampshire, Virginia, Washington, etc. are some of the add-on states. As per the auto insurance laws, you need to carry add-ons such as uninsured motorist coverage, personal injury protection along with your car insurance. Accidental damages are refunded by your own insurance company. Thus, you will be able to get the required coverage in case you meet an accident with an uninsured motorist.

It is a wise decision to buy an auto insurance policy beforehand so that you may be able to protect yourself from accidents on teh roads. Getting to know about the auto insurance laws of your state before you decide to buy insurance for your own car is sensible and will help ensure that your hard-earned dollars are spent purchasing the best policy for you in line with your state’s requirements.

Do High Payouts mean High Prices?

As anyone who has a young driver in the family will know, the price of getting on the road is astronomical. A typical young driver will pay around £750 in lesson costs, a further £100 for road testing and, if they get that far, car insurance on a small-engined hatchback might cost you anything up to £2000 for a year.

There is no doubt that these costs are high and no doubt that they are rising and this has partly been blamed on the increase of contingent no-win-no-fee personal injury claims against young drivers and their insurers. To cover off this growing risk, premiums are pushed upwards, but to what extent are personal injury lawyers responsible for the changes?

Major and minor claims
When car accidents do happen they are seldom genuine accidents and often the burden of responsibility does lie with one driver. In cases of serious injury, a compensation payout is justly due to the injured party but usually far more than is affordable without an insurance policy. Though this does push up premiums, covering against major personal injury claims is the very core of what insurance protects against.

Minor injury claims are a little more difficult, however, and there has been a material rise in the number of cases where small settlements are agreed. Though the actual personal injury claim payout is small, the cost of legal fees is pretty well fixed and this does drives up insurance premiums artificially.

A Crackdown on Whiplash Claims
One of the main reasons that minor claims are taken to courts is whiplash. Whiplash may put the injured party out of work for a short period but, ultimately, the effects are medically very difficult to prove and have lead to a number of fraudulent claims and payouts where they weren’t due. The prime minister has described this as a ‘compensation culture’ and has promised to stamp out the problem.

Though in reality these claims do have an effect on what insurers charge, their significance shouldn’t be overstated. The payout in a whiplash case is only a tiny fraction of what will be paid-out in a more serious case and this is the figure which matters.

It’s a matter of fact that personal injury claims payouts do affect insurance premiums but it’s these  claims that personal injury solicitors work long and hard to get right so that a just outcome might be achieved for everyone involved. Though a number of small, fraudulent whiplash cases do slip through the courts, it’s really not these cases which affect the big numbers from the insurance companies: it’s just a real reflection of the risks of being on the road.

At Clear Law Solicitors, we specialise in No Win No Fee car accident claims. Call us free on 0808 149 2497, text ‘clear’ to 60300 or e-mail us at hello@clearlawonline.co.uk.

Too many kids are dying on Scotland’s roads

Seven children were killed on Scotland’s roads last year, according to new figures released by Transport Scotland. This is an increase on 2010, when four children died as a result of road accidents.

The figures – provisional statistics of road injury accidents and casualties reported to the police in 2011 – show that five of the children who died were passengers in cars and two were pedestrians.

Accident charity ROSPA has called the increase ‘disappointing’, particularly given that the number of children seriously injured in reported road accidents fell slightly from 223 to 203, and the overall number of child casualties (killed, seriously injured or slightly injured) fell from 1,378 to 1,315.

The figures have been published shortly after the latest Child Safety Report Cards were released. These are a European-led initiative aimed at reducing the number of children and adolescents killed as a result of injury.

The initiative examined the causes of accidental death to children in 31 countries around Europe, between 2007 and 2009, and found that in Scotland road traffic accidents still account for most child deaths, particularly among 15-19-year-olds. Over the three year period there were 12.28 driver/passenger deaths per 100,000 population for males and 5.63 driver/passenger deaths per 100,000 population for females.

But it’s not all bad news. Overall, the number of people killed and injured in road accidents in Scotland fell between 2010 and 2011 to a record low, says Transport Scotland. There were 186 road deaths in total during 2011; 11% fewer than in 2010. There were 1,873 seriously injured casualties, down 5% on the previous year, and a drop of 4% in the number of people who were slightly injured (10,704).

Personally, while I welcome the progress made in making the roads safer, my thoughts are with the victims of road traffic accidents, and their families. Seven child fatalities – 186 fatalities overall – will have left 186 devastated families struggling to cope. It’s still far too many. The more we can do to prevent such accidents from happening, the better.

Atlanta Auto Accident Attorney Discusses Importance of Having UM Coverage

(US Law) This is an article from our personal injury website regarding the importance of having UM coverage and lots of it on your automobile insurance.  As an Atlanta auto accident attorney, I too often have clients involved in car accidents with an at-fault driver who only has minimum liability coverage ($25,000.00 in the State of Georgia) and want to know if there is any other coverage available to cover their claim. The short answer is most likely yes. It is called UM coverage.

UM coverage differs from liability coverage, which only protects your assets and provides payments for a person who sustained damages in an accident that was your fault. Uninsured motorist coverage protects you by providing coverage to you in the event that a person who causes an accident in which you sustain damage is either uninsured or underinsured. Your UM coverage limits are shown separately on your insurance card.

The hard part is determining whether your UM coverage will apply to cover you for your injuries and if so, to what extend. It use to be an easier question to answer because there was only one type of UM coverage available to Georgia auto insureds—Reduced Coverage UM. Reduced coverage UM limits will provide you coverage for the difference between the coverage the at-fault party has and the amount of coverage you purchase. For example, if the at-fault party has $25,000.00 in coverage and you have $50,000.00 of UM coverage, the at-fault party’s insurance with pay you its limits of $25,000.00 and then your insurance company will pay you $25,000.00, for a total of $50,000.00 all together for your claim. Likewise, if there is $25,000.00 coverage under both the at-fault insurance and your UM coverage, your UM coverage will not apply since there is no difference between what the at-fault party has and your UM limit.

The recently added UM coverage product required to be offered to insurance customers is what is called “Add-on coverage.” Under this new coverage, the UM limit provides additional coverage to you up to the limits of coverage you purchase. Using the same number from above: if the at fault driver had minimum coverage of only $25,000.00 and you had $50,000.00 of add-on uninsured motorist coverage, you could receive the $25,000.00 from the at-fault insurance company and $50,000.00 from your own insurance company for a total of $75,000.00. If both of you have $25,000.00 of coverage, no longer will your UM coverage not apply. You could receive $50,000.00 total in this scenario with add-on UM.

It is important to note that in order to get Add-on coverage, you must specifically purchase it from your insurance agent for a higher premium. The passage of the new law in 2008 allowing for such coverage in Georgia does not mean it is automatic.

Georgia injury lawyers in Atlanta, Cumming, and Alpharetta, Georgia – Boling Rice, LLC. Full service personal injury law firm in Atlanta, Georgia specializing in auto accidents, tractor-trailer accidents, wrongful death, and other injury related matters. Contact Us Today!

Medical Expenses Following An Accident

If you have been in any type of accident, you probably sought medical help.  Now the bills for that medical treatment may be coming due and you have no way to pay them.  Perhaps your insurance refuses to pay because someone else caused your accident, but the at-fault party’s insurance company is not forthcoming with your money.  Perhaps you do not have any insurance and you have been out of work due to your injuries.  Whatever the case, medical expenses following an accident can quickly pile up and cause you to lose confidence in yourself and your ability to handle your finances.  You do not need this added stress at this terrible time in your life, so it is important that you handle this situation quickly and get back to the business of healing from your injuries.

Personal injury attorneys handle your personal injury case, but they can also help you with the payment of your medical bills by putting pressure on the right people to get your expenses taken care of.  Your personal injury attorney can help you negotiate with the medical providers and with the at-fault party’s representatives to ensure that your medical bills are handled until you are fully healed and your case is settled.

(more…) “Medical Expenses Following An Accident”

Birth Injury: Problems in Newborns

A birth injury, often known as a ‘birth trauma’  happens during the birth process. The most common injuries are to the skull, brain and spinal cord.

The most frequent cause of a birth injury is the baby’s size and/or position during labour and delivery. The following difficulties may also have an impact on the baby’s health:

  • A delayed labour
  • Abnormal birthing presentation
  • Large babies (8 pounds, 13 ounces or over)
  • Premature babies (babies born before 37 weeks)
  • Cephalopelvic disproportion (when the mother’s pelvis is not adequate for the baby to be born naturally)
  • Dystocia – difficult labour or childbirth – (a particularly difficult labour/childbirth)

Below is a list of the most common injuries experienced by babies who have suffered a difficult birth:

Fractures

The fracture of the clavicle or collarbone is the most common fracture during labour and delivery. During a breech delivery, the baby’s clavicle may break, however the healing occurs quickly. During the healing process a new bone forms, forming a firm lump on the clavicle. This usually happens within the first 10 days. In order to limit movement, support the affected arm and shoulder with a soft bandage and avoid lying the baby on the affected side until you receive confirmation from a medical professional.

Brachial Palsy

Brachial palsy occurs when there is a difficulty delivering the baby’s shoulder.  The brachial plexus (the group of nerves that supplies the arms and hands) is injured, meaning the baby will lose the ability to flex and rotate the arm. It is most likely the brachial palsy will heal itself within 24 hours. However, if the injury has not been resolved it will casue bruising and swelling around the nerves, meaning the baby will not be able to move the affected shoulder for a few months. Tearing of the nerve may result in permanent nerve damage. Special exercises are used to help maintain the range of motion of the arm while healing occurs.

Forceps marks

Forceps, most commonly known as bruising usually occur on the baby’s face or head as a result of the trauma of passing through the birth canal. During this process, the baby may come into contact with the mother’s pelvic bones and tissues.  Forceps occasionally leave temporary marks, however it is nothing to worry about. Babies delivered by vacuum extraction may have some scalp bruising or a scalp laceration (cut).

Cephaloematoma

Cephalohematoma causes a raised lump to appear on the baby’s head several hours after birth because there is an area of bleeding between the bone and its fibrous covering. The body resorbs the blood. Depending on the size, most cephalohematomas take two weeks to three months to disappear completely.  If the area of bleeding is large, some babies may develop jaundice as the red blood cells break down.

If you would like immediate advice about birth injury, contact your solicitor and gain prompt and professional help.