Personal Injury Law Blogs

Writing an Effective Demand Letter for Your Injury Claim

This post was written by Dan Applegate, for Fisher & Talwar. Dan has written on multitude of legal subjects on popular injury attorney websites.

Traffic accidents are inevitable and virtually impossible to predict. Drivers who are involved in an accident have the option of contacting the insurance company of the driver who is at fault. However, there is a certain process that drivers must abide by when contacting an insurance company to receive compensation for an accident, or else risk being low-balled by their software.

Demand letters are specifically written to insurance companies of at-fault drivers to begin the process of negotiation a settlement. Sure, there are plenty websites that will show you how to write a good demand letter, however some cases call for professional representation where a simple guideline just won’t cut it.

Focus on the facts that provide supporting evidence

Proving that the other driver is negligent or liable for an accident is only accomplished by providing supporting evidence.

It’s important for the plaintiff to stick with the facts when providing evidence. For example, every driver has legal responsibilities they must follow while driving. If the other driver has broken any traffic laws that lead to an accident, then they are considered liable, even if they accidentally disobeyed the traffic laws. Hey, even if they feel sorry that doesn’t help you cover your medical bills.

Provide evidence of the injuries you’ve received from a traffic accident. Mention that you have medical records and medical bills and can prove the damages. If you have been involved in an accident your lawyer can help make sure you get the necessary acceptable proof of your injuries that you can include in your demand letter for compensation.

What should I include in my letter?

Before writing a demand letter to an insurance company it is important to make sure to include specific elements that are legally needed for proving one’s case. Don’t even think about starting a negotiating process unless you’ve written a well-versed letter!

Discussing liability issues in a demand letter involves explanations about how the accident happened and why the other driver is at fault. You can’t simply claim “that idiot was at fault.”

Provide evidence for any claim  by using statements from witnesses or even a police report. Medical expenses and statements by medical doctors who treat the accident victim are needed to prove a person’s injuries. These statements also prove the amount of financial loss experienced by the party sending the demand letter.

If in doubt, hire an attorney to avoid a ‘headache’ later on – pun intended.

Don’t get low-balled by the insurance company into accepting low offers. You don’t want to be greedy, but you also can’t underestimate your own costs. Simply having an attorney work on your behalf sets a serious tone with the insurance companies.

Lost income, medical expenses, personal pain and suffering as well liabilities, are all issues that need to be addressed in a demand letter. An injury attorney will a write demand letter properly and help you win your claim.

Many people are afraid to speak to lawyers for whatever reason. We’re all human and most of us care about you and the situation you’re in.

Be honest, if you were injured in an auto accident would you really hire an attorney?

Fill out the online enquiry form at the top right of this page if you want to speak to a lawyer.

How to Win Your Personal Injury Claim

Guest personal injury blog post contributed by Alison Mackenzie, for Henry Carus & Associates. Alison is a law student and freelance writer. She enjoys writing about various law topics and cases.

Accidents happen as an ordinary part of life; however, sometimes those accidents should have been prevented before someone got hurt. Whether the accident was due to negligence, lack of attention to safety rules or something else that should have been done by another party but was not, in some cases the best course of action that you as an injured party can take is to seek damages through a personal injury suit.

Ideally, your preparation for a personal injury case should begin as soon as the incident itself takes place. For example, if you were in a car wreck or you were injured by a store’s construction project, your first step should be to receive medical attention as soon as possible for your injuries. Even if you do not believe that your injuries are bad enough to require professional attention, you do need to create an official record of what happened as soon as you can in case you do decide to pursue an injury claim. This helps you to clearly and cleanly link the incident to your injuries, making it more difficult for opposing counsel to allege that actions you took after the incident in question were responsible for the damage to your person.

Once you have created a record of your injuries and have decided that you want to pursue a personal injury case, you need to find a legal representative. Unless you are an attorney and have experience with these kinds of court cases, you should trust in the skills of a professional to see you and your case through until the end. And even if you have little or no income, you can find lawyers who work on a no-win, no-fee policy, meaning that if your case fails you have no legal costs to pay. This can be an ideal arrangement, especially if your injuries have left you with enough bills to pay as it is.

After you have selected a qualified legal representative, you need to work closely with him or her to be sure that you are doing everything you can to improve your odds of success. You should keep careful records of all of your bills and expenses, ensuring that you have solid evidence to show what your injuries have cost you over both the long and the short term. You should have copies of incident reports concerning the event, as well as copies of any reports on your initial injuries from the professionals that treated you at the scene or just after the incident happened.

Of course, even if you do take all necessary precautions, there is no guarantee of the results of this type of suit. If you bring a personal injury case, you have to be very careful to record evidence of all relevant details to give yourself the best possible chance of success. Generally speaking, however, the side that has prepared better and maintained the most impeccable records is most often the one that walks away from a personal injury case as the winner.

MS Treatment FDA Warning—Maryland MS Injury Attorneys on Alert

Written by Phil Balbo. For more information on personal injury cases, please contact the Maryland personal injury lawyers of Price Benowitz LLP for a free consultation. Please visit the Multiple Sclerosis Society website for more on possible MS treatments.

Multiple sclerosis is a progressive and debilitating disease, leading many who are afflicted to search and even undergo the latest treatment protocols that may offer any chance of success in thwarting the disease. The FDA has recently issued a stern warning against one such therapy known as ‘liberation therapy’: The controversial treatment has been highlighted by the drug safety agency as one with extreme risks; which means it has become a focus of personal injury attorneys. To date, deaths, strokes, damage to the treated vein, blood clots, cranial nerve damage, abdominal bleeding, and migration of stents in the body related to liberation therapy have been reported. As such, the FDA is recommending that these procedures be ceased pending further research and investigation.

Liberation therapy is used to treat chronic cerebrospinal venous insufficiency (CCSVI) — a narrowing of veins in the neck and chest — believed by some to cause multiple sclerosis (MS) or worsen the disease. Balloon angioplasty or stents are used to widen narrowed veins in the chest and neck. However, to date, no reliable evidence showing a benefit to MS patients rom CCSVI treatment exist, and the FDA has said that any future scientific trails must be under the umbrella of FDA regulations for investigational devices. Until then, physicians performing this uncertain procedure did so at dangerous risk to their patients.

Affecting the brain and spinal cord/central nervous system, MS is caused by damage to the myelin sheath, the protective covering that surrounds nerve cells. The respective nerve damage is caused by inflammation, which occurs when the body’s own immune cells attack the nervous system. Researchers still have not pinpointed the precise causes of MS, but believe that it may be tied to a virus, genetic defect, or environmental factors. Nerve signals slow down or stop when the nerve covering is damaged. The disease affects women more than men, with the disorder most commonly presenting and diagnosed between the ages of 20 and 40.

If you have lost a loved one to MS treatments, or have suffered yourself, you may have a right to monetary compensation for pain and suffering, emotional distress, loss of income, related medical bills, and even rehabilitative therapy. An experienced Maryland medical injury attorney can evaluate your case and advise on possible claims.

Insurance Companies Try to Deny Claims Using “Pre-Existing Injuries” as an Excuse

Pre-Existing Injuries

“Pre-existing injuries” is an injury one has before an accident. The term is used for the excuse used by many insurance companies to avoid awarding compensation to people who make claims against them when they have sustained an injury in an accident. However, it is extremely rare for an individual to make a claim for an injury they had which existed before the accident took place. In fact, it’s difficult to use an injury that occurred in the past for a new case involving an accident injury because there is obviously a medical record that can be found that documents it. There are exceptions to the rule though, as there are some claims that are made that really do involve pre-existing injuries.

Example of Pre-Existing Injury

Say you have a bad back, but later you’re involved in a car accident and sustain a whiplash. The accident made your pre existing back injury worse. The fact that you had a pre-existing back injury doesn’t mean that you should be denied compensation for your whiplash injury. In other words, people who are involved in an accident with who had a pre existing injury should contact a personal injury lawyer about filing a claim for any new physical damages they’ve sustained that makes the pre-existing one worse. Insurance companies recognize the rights of individuals filing personal injury claims, but many of these companies claim the injuries of a plaintiff existed before the accident so the claim is denied. Luckily, the “eggshell plaintiff doctrine” is used to prove a plaintiff’s case to avoid the common tricks played by insurance companies.

Eggshell Plaintiff Doctrine

The “eggshell plaintiff doctrine” simply states that injuries can happen easier if there is already an injury present before an accident. In other words, an individual is in a weakened state if they have an injury and accidents involving a mild impact could cause further damages to an existing injury. Regardless of an individual’s condition during the time of an accident, liabilities are still at play. Drivers who are personally responsible for a car accident are liable for any injuries that the victim experiences from that incident. The fact that a victim had existing injuries before an accident does not relieve the driver of liable and their insurance company responsible for financial compensation.

Insurance Companies Try to Deny Responsibility

Insurance companies will do anything to avoid paying for the negligence of their clients. However, the negligence of the person responsible for an automobile accident is still negligence, regardless of a victim’s pre-existing injuries. Determining who is liable and who is at fault for causing injury in an automobile accident should not be affected by the Eggshell Plaintiff principle. Avoiding common tricks played by insurance companies are best accomplished by letting your lawyer know your complete medical history. Preventing insurance companies from distorting the truth by claiming the injuries was pre-existing at the time of the accident is achieved by letting your lawyer know all the facts about your medical history.

This post was written by Dan Applegate – from  injury law firm in Los Angeles, CA Fisher & Talwar.

How to make a claim for a personal injury suffered abroad

Suffering from an accident can be distressing in the best of situations, but accident suffered abroad can cause even more anguish. When it comes to trying to get compensation for personal injuries abroad, it won’t necessarily be stressful, although there are a few things to bear in mind.

Laws for personal injury claims abroad

‘Abroad’ is quite a big area– hundreds of different countries each with their own legal nuances. Consulting a personal injury lawyer in the UK is often the best first step to take, as they’ll see things from your side. They’ll be able to advise you about what would be best to do next in your situation giving you the best chance of making a successful personal injury claim.

Straightforward personal injury claims

Some cases are more clear-cut than others. For example, if you were injured at work and the company you work for was based or had registered offices in the UK you would be able to make a personal injury claim – as long as the accident was caused by your employer’s negligence of course.

Similarly, if your injury was sustained while on a holiday organised by British travel agents you could be entitled to claim if the accident directly related to negligence on the part of the travel agents or their representatives. This would extend to things such as food poisoning from hotel food. However, injuries from accidents on activities such as third party excursions would not be covered in the same way.

When personal injury claims get tricky

That isn’t to say that you couldn’t claim compensation against the operators involved, just that it would more likely than not involve specialist local legal advice. This has the potential to be a timely and expensive process, but there’s nothing stopping you from making enquiries so you can decide to do when fully informed.

As usual, collecting any evidence of the injuries suffered is always useful. Photographs can help, but a doctor’s report is even better. Getting the details of someone who could give eye-witness testimony may also be beneficial, whether they’re locals or tourists.

Injury claims for travel accidents

There’s always the possibility that you might be injured while travelling to or from another country. There are special rules governing some aspects of being injured while travelling. For example, personal injury claims can usually be made 3 years from the date of an accident – this is reduced for 2 years in the case of aeroplane injuries. In all cases it’s better to get advice sooner rather than later – this puts you in the best position to decide what step to take next.

This post was written by Gavin Herriot from Workplace Claims in the UK.

How no win no fee changed personal injury claims

What existed before no win no fee personal injury claims?

Before the arrival of no win no fee cases lawyers were paid in one of two ways – either directly by their client, or from the government if the person they were representing was entitled to legal aid. However, to receive legal aid you had to meet certain conditions, and not all costs would necessarily be covered. This meant many people that weren’t entitled to legal aid but didn’t have the means to pay for a lawyer themselves often couldn’t afford to pursue a personal injury claim even when they had a strong case.

When did no win no fee personal injury claims become available?

1995 saw no win no fee deals allowed for a range of court cases, but it wasn’t until 1998 that personal injury claims could be arranged on this basis. Supporters of the change argued that no win no fee arrangements allowed justice for everyone not just the richest, while opponents predicted the UK would develop a compensation culture similar to America’s.

1999 – losing side pays personal injury claim fees

The Access to Justice Act was passed in 1999, allowing judges to order the losing party to pay the winning sides fees. The final barrier that was stopping people from making a personal injury claim was thus removed. Sections of the media claimed that people were making frivolous claims, and soon the idea that Britain was a nation of compensation claimers began to take hold of the public’s imagination.

Filtering out the bogus personal injury claims

It is great rhetoric to suggest that the introduction of no win no fee personal injury claims have caused a rise in the number of compensation claims, but the facts say something entirely different. Data from the Compensation Recovery Unit shows that the number of people claiming may rise from year to year, but it can also dramatically fall – there is no trend to suggest that the change in the law is making more people claim.

Furthermore, lawyers make their money by winning– this means that they weed out the illegitimate cases so only those that have really been injured as a result of someone else’s negligence can make a personal injury claim.

The future of personal injury claims

In March 2011 the Justice Secretary Ken Clarke announced that he intended to change no win no fee arrangements. Stripping the rights of people to access no win no fee arrangements could once again see personal injury claims being a preserve of the rich and powerful – if such a move was suggested the debate about the value of no win no fee could become even more fierce.

This post was written by Leon S Felloway from Injury Claims Solutions – a UK-based dental negligence claims company.

Distracted Driving, Cellphones and Corporate Liability

A recent string of serious and even fatal car accidents caused by the careless driving of employees behind the wheel of company cars and trucks while using their cellphones is shifting the nature of some personal injury lawsuits in Virginia. Experienced car accident law firms are increasingly going after the deep pockets of corporations whose employees are allowed to text, talk, and email while behind the wheel, with some judgments as high as $20 million.

Distracted driving lawsuits in Virginia are on the rise, and the National Safety Council estimates that nationwide about one-quarter of all crashes involve cellphones or texting — about 1.2 million accidents a year. Many of these accidents are the fault of those in company cars, vans, and trucks, utilizing their cellphones while making deliveries, heading to their next installation appointment, or hauling a load of supplies or equipment. Recent accidents include a lumber salesman who crippled a 78-year-old woman when he lost control of his car due to texting behind the wheel; an employee-driver of a toy company’s van who killed a college student, and a driver in a company car who didn’t react when traffic slowed, rear-ending a Honda in a chain-reaction crash that killed a 32-year-old woman. Although many corporations have moved to ban the use of cellphones by employees while driving company cars, many still refuse to do so.

A concern of many regarding distracted driving accidents is how, exactly, they will prove that another driver was on their cellphone. According to Dr. Paul Atchley, a distracted-driving expert witness from the University of Kansas, it is now possible to track the movement of cellphones in real time, in motion. This, in turn, makes it much easier for personal injury attorneys to establish that a driver was using their phone at the time of a car crash.

The loss of a loved one due to another driver’s distracted driving is a pain that may be difficult to bear. While legal action cannot undo the tragic events, it may help those suffering a loss to get back on their feet, and allow them to work towards being made whole again. For more information, please contact and experienced personal injury attorney in Virginia.

Written by Phil Balbo, staff writer with Price Benowitz LLP. Please contact our reckless driving lawyers for more information or to schedule a free consultation. You can also visit Hands Free Info for more information on cell phone and other distracted driving laws in Virginia.

More free guest PI blogs

The great thing about the editor of this site and his way of business is that he really gets that giving tends to result in people giving back – he is happy to promote others and other resources in the knowledge, but not the requirement, that they will naturally want to help him. His resources, like this site, become useful resources for others and so on.

At Evolved Legal, we are certainly happy to help in any way we can and are sure other readers of this blog feel likewise.

In any event, they have kindly allowed us to post some other personal injury resources which accept suitable guest blogs. The sites concerned are :-

  • http://www.accidentclaimsadvisor.org.uk/
  • http://www.accidents-claim.co.uk/
  • http://www.aca-claims.co.uk

We are more than happy to post useful content, but it must be 100% original and quality content and not a shameless plug. The other rule is that any post must refer to 3rd party resources which may be genuinely helpful for the reader.

Injured Passenger Initiates Unsual Car Accident Compensation Claim

An unusual car accident compensation claim has been initiated by a woman who sustained serious personal injuries in a car accident whilst abroad in Poland. The woman is seeking £300,000 in personal injury damages for the incident. The car accident compensation claim writ was recently submitted to the High Court in London and picked up on by a local newspaper named the Huddersfield Daily Journal. It seems that the woman, who is 28 years old is a local to the area, was riding as a passenger in the back seat of the car. A family member was driving the Fiat punto which was insured by a Polish company. Their small vehicle collided with a BMW whilst approaching a cross-junction in the road and the blame for the incident is being put on the Fiat driver.

The woman, who now lives Jagger Lane which is in Honley, is filing the car accident compensation claim against the Polish insurance company of the car in which she was riding as a passenger. The Polish insurance company is based in Poland’s capital, Warsaw and has representatives in the United Kingdom at Inter Europe in Trafford Park in Manchester. The legal team representing the woman state that the personal injury claim must be met as the insurance company is bound by Polish Law to do so. The man driving the Fiat was facing a conviction in June of last year but had his jail sentence suspended by a three year probationary period at the Polish courts. The car accident took place in the south of Poland near a small town called Skoczow which is close to this Silesian foothills.

The list of extensive personal injuries sustained in car accident include fractures to sacral bones and a series of complex fractures sustained to the woman’s right leg. Also reported is a fractured left collarbone, fractures in the neck, a fractured pelvis and also a brain injury. The car accident compensation claim writ states that the woman still suffers to this day due to the personal injuries which happened in the beginning of last year. So far, it’s thought that this car accident happened as the Fiat driver was negligent and failed to pay sufficient attention to the road in order to spot the BMW at the junction. The outcome of this road traffic accident claim remains to be seen.

iPhone App to Help ID Whiplash Claimants

The famous Apple iPhone catchphrase; ‘there’s an app for that too’, has spanned its already considerable horizon even further afield. Recently released is an application which allows doctors to take photos of whiplash accident compensation victims which can subsequently be uploaded to a medical report database to confirm identity. Dr David Pearce, who is the Chief Technology Officer at the Information Systems Assurance and Advisory Services (iSaaS) stated that an increasing amount of pressure is being applied to doctors to make the appropriate identification checks in order to prove that the person that they are examining is in fact the person making the whiplash injury compensation claim. He stated that a pilot of the application had already demonstrated that three individuals examined by doctors in whiplash injury cases we are in fact stand-ins and not the real claimants.

Dr Pearce stated that “The claims management company or, in my case, the driver of the car, brought along a stand-in”. The person making the whiplash injury claim had not done anything wrong, but some claims management companies are unscrupulous in their practice. They stated that insurance companies harbour rising concerns surrounding the issue of stand-ins who are often thoroughly primed on how to convincingly fake an examination in order to make a stronger case for a whiplash claim.

The new technology works by allowing doctors to use the iPhone to take a photograph of the person and uploaded it onto the database. The photograph would be passed through a secure server and be uploaded into the cloud. When it’s finished, medical reports and the photographic ID will be merged together. The picture will contain information such as the date and time taken and also a GPS stamp stating the location in which it was taken. It’s common for a claimant to leave proof of identification such as passport or driving license at home, but even this evidence can be unsatisfactory for the situation of making a whiplash claim. The new system should provide a reliable way to positively ID all whiplash cases. The software will be available as a free accessory to the report-writing software known as Corex.