Monday, January 26, 2009

What to Do in the Event of a Car Accident


It has been proven that car accidents are more likely to occur in the winter. The weather is colder, people are in more of a hurry, and stress-levels are at an all-time high during the holiday season. In order to avoid car insurance fraud, be sure to follow all of the following rules for follow-up after a fender-bender or car accident.

Pull your car over to a safe part of the road, and assess your and the other car's damage with the driver of the other car. Be sure to stay calm and keep your temper in check. Shouting at someone, especially if it is their fault, will only worsen the situation and make them more likely to try and rip you off or get away without admitting to their mistake. Make sure that you and the other driver have verbally agreed on what exactly has been damaged on both cars, and if possible, take photographs of both cars at the time of the accident.

Do not leave the scene of the accident, even if it means missing a movie or arriving late to work or an event. It'll help you out MUCH more in the long-run if you take the time to contact the police immediately so as to acquire a legal accident report. People can easily make up injuries over and damage if there isn't an authority present at the scene of the accident, but a policeman can document any legitimate damage or injuries immediately. Be sure to speak directly to the policeman when they arrive about the specifics of the accident. If you get too wrapped up in what the other person is saying, there is a chance you will agree with something that isn't true simply because you are under pressure and still in shock.

Don't neglect to exchange the facts with the other driver. Get their name, address, phone number, and insurance type if possible. Give them your information in return, and don't leave anything out. You don't want to look like you are trying to get away with anything, so be completely honest. Get their car color, make, year, and license plate number.

Call your insurance agent or company immediately after the accident. If time permits, do so with the policeman present. Oftentimes they will be willing to speak with your agent or company, and will give them the legal description of what occurred. This will be especially helpful is the other driver makes up an injury later on. Insurance companies are much more likely to side with the person who took the precautionary measures immediately after an accident. Your claim will be processed quicker this way, and you will be on your way to fixing your vehicle and moving on hassle-free!

Mr. Oliver is a marketing agent of Stamp Out Fraud. The Virginia insurance fraud program provides help in eliminating insurance fraud throughout Virginia. For more information on their Virginia Insurance Fraud Program please visit their website.


Compensation Culture Gone Too Far


The facility of being able to claim compensation is, in essence, a good thing. It means that people who have suffered hardship have some sort of recompense which is especially vital if time off work is needed or serious illness or injury has been inflicted.

Compensation claims can be made against an individual or a larger organisation such as a local health authority or council if they are felt to be negligent.

However, where this was once considered to be important for people to fall back on, but unfortunately events have turned full circle and the compensation craze has caused much harm. Insurance premiums have gone up and the cost of many things has been increased in order to cover the possible costs of compensation claims.

No longer are people able to take responsibility for their own lives and the things that happen and they are also incapable of being able to accept that accidents happen through nobody's fault.

One prime example is the man that tried to escape from jail by jumping from a roof thirty feet high. Quite unsurprisingly, he broke bones in both feet and was taken to hospital for treatment. He was subsequently released from prison and it seems his feet were ok enough for him to be able to do another robbery.

This led to another prison term and the delay in him getting further treatment for his feet yet he is being able to try and make a compensation claim against the prison service for the delay in his treatment! It seems incredulous that his claim has been allowed to get this far!

Another hot favourite compensation claim is that of the public suing councils for potholes in the road. This is definitely a problem as these holes can cause some real damage to cars that drive into them or people who trip and fall. However, it has got to the point where councils are now spending more on paying out compensation than they can on actually fixing these holes.

Councils have a limited amount of funds and legal costs have to come above other matters. In one year alone, councils paid out 53 pounds million on compensation claims and 52.3 pounds million on road repairs. Once all compensation claims have been settled, it leaves very little for the actual repairs. Of course, people who are genuinely hurt by something because the council have failed to fix it should be compensated but where does this merry go round stop?

Could some of these people have taken responsibility for where they were going? Could the council have made repairs as soon as the problem was notified to them?

So, where do lawyers draw the line? Well, I guess they won't because for every compensation claim there is a hefty old payment in it for them. The trouble is, this is having a detrimental effect on all of us now. Not only have prices been increased to cover the unforeseen compensation claims but we are being further restricted in what we can do.

When people had the sense to be aware of accidents and not seek to constantly blame others for things that go wrong, there was much more general freedom. Now, we are lucky if we can have Christmas lights put up in town just in case one should fall or fail in some way and somebody should become slightly injured but rich with it.

Shaun Parker is a leading financial expert with many years of experience in the compensation industry. Find out more about compensation claims at http://www.stewartslaw.com


Find A Personal Injury Attorney - How Much Money Should You Get?


If you have been injured then it is always a good idea to consult with a personal injury attorney because they will know what the best way to proceed is. They can tell you how much you can get and what to ask for when you go to trial. It is important that you do not get taken by the ones who hurt you so make sure that you find a personal injury lawyer that you feel comfortable with and one that will get you what you deserve. When you can not agree with the other side then you nee to make sure you have an attorney that is fighting for you.

The courts will determine what the loss and damage is to you and can come up with a fair settlement but you want to have an experienced lawyer who knows what to do when it comes to settling your case in your favor. There may be other damages or pain and suffering that you need to be aware of and your attorney can assure you of these things as well.

It is important that you understand that with a personal injury case that it can take a while before it is officially settled. You want to have a lawyer that you feel is fair with you and is keeping you up to date on your case and the progress of it. It is important that you get what is fair and just to you and getting the best attorney will help you receive a proper settlement.

Remember that there are a lot of lawyers out there so you need to find one that has been in this type of case before. Also you need to feel comfortable with who you are hiring.

Get Free: Legal Advice Now

Find a: Personal Injury Lawyer

Bryan Burbank is an expert in the field of Law and Legal Issues.


If I'm Hurt on Someone Else's Property Can I Recover For My Personal Injuries?


When a person is injured on the property of another generally they may bring a claim for personal injury. These claims are based on the theory of premise liability which holds the owner or occupier of real property responsible for accidents that occur on their property. The most common type of accident that gives rise to a premise liability claim is an ordinary slip and fall. However premise liability is not limited to ordinary slip and falls. There are many serious injuries that give rise to a claim for premise liability.

In most jurisdictions the liability of the owner or occupier of the property is dependent on what is called the injured parties status. There are three standard classifications for an injured party.

? Invitee - An invitee is someone who is expressly or impliedly invited onto the property of another. The owner owes the invitee the highest duty of care, which includes taking every reasonable precaution to ensure the invitee's safety.

? Licensee - A licensee, by contrast, enters the property for his or her own purposes but is present at the consent of the owner. The owner is required to warn a licensee of hidden dangers, but is not necessarily required to fix them.

? Trespasser - A trespasser enters the property without any right whatsoever to do so. In the case of adult trespassers, the owner generally has no duty of care and need not take reasonable care of his property or warn of hidden dangers. Even if a person was trespassing at the time of his or her injury, he or she may still be able to recover, however, if he or she can show that the owner knew it was likely that trespassers would enter the property

If you or a loved one has suffered a premises liability injury, you should speak with an experienced attorney to ensure that your legal rights to compensation are fully assessed and protected.


Whiplash Information


Whiplash is often the result of being struck from behind, as by a fast-moving vehicle in a car accident. This movement is known as hyperextension (over-extension) injury to the neck, which is where your muscles and ligaments of the joint get excessively straightened, often suffering damage.

Whiplash Symptoms often do not appear when the injury is caused. It may take 6-12 hours for symptoms to show, and they may continue to get worse in the days after the accident. Sometimes, it may even take a few days for any symptoms to show.

Common symptoms:

  • Neck pain and stiffness.
  • Neck swelling.
  • Tenderness along the back of the neck.
  • Loss of movement in the neck.
  • Headaches.

Other symptoms can include:

  • Pain in the lower back.
  • Pains or numbness, or pins and needles, in the arms or hands.
  • Muscle spasms.
  • Dizziness.
  • Tiredness.
  • Difficulty in swallowing.
  • Blurred vision.
  • Ringing in the ears.

Exercises to relieve pain and stiffness:

  • Stand against a door or a wall with your head facing forward and move your eyes so you look towards the2, 4, 8 and 10 o'clock positions. This eye movement causes a slight movement in some deep muscles in the back of the head.
  • Bend the back of the head carefully forward as if taking a bow. Return to the starting position with your head straight and facing forward.
  • Draw the chin in towards your neck and bend the head carefully forward and then bend the head backwards far enough to look at the ceiling. Return to the starting position.
  • Tilt the head sideways, so the right ear is near the right shoulder. If possible try to maintain the glance at a fixed point at eye level. Repeat this action with the head tilted to the other side.
  • Turn the head as if trying to look backwards over the shoulder, first to the left and then to the right.
  • Place a ball ( beach ball, workout ball) between the wall and the forehead and then try to move it around on the wall in circles or figures of eights. Repeat the exercise but this time placing the ball between the back of the head and the wall.

Usually, symptoms begin to improve after a few days, and in around 60% of cases they completely disappear after four weeks.

A few people develop continuing symptoms after a whiplash trauma and develop what is known as whiplash syndrome. They suffer continual headaches and pain, reduced movement at the back of the neck, tingling in the arms etc..

Whiplash syndrome is difficult to treat. The essence of the treatment is to prevent any further strain and encourage a quick return to normal everyday activities and events.


Compensation Calculator - What Amount of Compensation Can I Expect to Receive For My Injuries?


The following information is an idea on the amount of compensation you may receive for a personal injury claim which i have found and put together. I have always been interested in this so here it is:

Head Injury Compensation:

  • Very Severe Brain Damage : ?155,000 - ?220,000
  • Moderately Severe Brain Damage : ?120,000 - ?155,000
  • Moderate Brain Damage : ?23,500 - ?120,000
  • Minor Brain Damage : ?8,500 - ? 23,500
  • Minor Head Injury : ?1,250 - ? 7,500

Post-Traumatic Stress Disorder Compensation:

  • Severe PTSD : ?34,000 - ?55,000
  • Moderately Severe PTSD : ?12,500 - ?31,750
  • Moderate PTSD : ?4,500 - ?12,500
  • Minor PTSD : ?2,150 - ?4,500

Dental Injury Compensation:

  • Loss/Serious Damage To Several Front Teeth : ?4,750 - ?6,250
  • Loss/Serious Damage To two Front Teeth: ?2,250 -?4,000
  • Loss/Serious Damage To one Front Tooth: ?1,250 -?2,150
  • Loss/Serious Damage To back Tooth: ?600 -?1,000 per tooth

Eye Injury Compensation:

  • Total Blindness and deafness: ? 220,000
  • Total Blindness: ?147,500
  • Total loss of sight in one eye: ?27,500 - ?30,000
  • Minor Eye Injuries: ?2,150 - ?4,750
  • Short-lived eye injuries: ?1,250 - ?2,150

Hearing Loss Injury Compensation:

  • Total Deafness: ?50,000 - ?60,000
  • Total Hearing Loss In One Ear: ?17,500 - ?25,000
  • Severe tinnitus/hearing loss: ?16,000 - ?25,000
  • Moderate tinnitus/hearing loss: ?8,000 - ?16,000
  • Mild Tinnitus with some hearing loss: ?6,750 - ?8,000
  • Slight Tinnitus with slight hearing loss: ?4,000 - ?6,750

Psychiatric Injury Compensation:

  • Chronic Pain Syndrome: ?6,000 - ?35,000
  • Fibromyalgia: ?19,000 - ?35,000
  • Severe psychiatric injury: ?30,000 - ?60,000
  • Moderately severe psychiatric injury : ?10,500 - ?30,000
  • Moderate psychiatric injury: ?3,250 - ?10,500
  • Minor psychiatric injury: ?800 - ?3,250

Neck Injury Compensation:

  • Quadriplegia: ?175,000 - ?220,000
  • Severe neck injury: ?30,000 - ?82,000
  • Neck fracture/dislocation: ?13,500 - ?18,000
  • Moderate Neck injury : ?4,250 - ?13,750
  • Minor neck injury: ?750 - ?4,250

Whiplash Injury Compensation:

  • Severe Whiplash injury: ?7,500 - ?13,750
  • Moderate whiplash injury: ?4,250 - ?7,750
  • Minor whiplash injury: ?750 - ?4,250

Shoulder Injury Compensation:

  • Severe Shoulder Injury: ?10,500 - ?26,500
  • Serious shoulder injury: ?6,750 - ?10,500
  • Moderate shoulder injury: ?4,250 - ?7,000
  • Fractured clavicle: ?2,750 - ?6,500
  • Minor Shoulder Injury: up to ?4,500

Upper Arm Injury Compensation:

  • Total loss of both arms: ?132,500 - ?165,000
  • Amputation of one arm above elbow: ?60,000 - ?75,000
  • Severe arm injury: ?52,500 - ?71,500
  • Permanent disabling arm injury: ?21,500 - ?33,000
  • Less severe arm injury: ?10,500 - ?21,500

Forearm Injury Compensation:

  • Severe arm injury: ?52,500 - ?71,500
  • Below-elbow amputation: ?52,500 - ?60,000
  • Permanent disabling arm injury: ?21,500 - ?33,000
  • Less severe arm injury: ?10,500 - ?21,500
  • Simple forearm fracture: ?3,650 - ?10,500

Chest Injury Compensation:

  • Removal of a lung/heart damage: ?55,000 - ?82,000
  • Severe chest injury: ?36,000 - ?55,000
  • Serious Chest Injury: ?17,500 - ?30,000
  • Moderate Chest Injury: ?6,750 - ?10,000
  • Collapsed lungs with full recovery: ?1,250 - ?3,000
  • Fractured ribs: up to ?2,150

Asbestos-related disease Compensation:

  • Mesothelioma: ?45,000 - ?70,000
  • Lung Cancer: ?42,500 - ?55,000
  • Asbestosis: ?26,500 - ?58,000
  • Pleural thickening: ?21,000 - ?42,500
  • Symptomatic pleural plaques: ?15,000 - ?20,000
  • Asymptomatic pleural plaques: ?5,000 - ?6,000

Thigh Injury Compensation:

  • Total loss of both legs: ?132,500 - ?155,000
  • Above-knee amputation one leg: ?52,500 - ?77,000
  • Severe leg injury: ?52,000 - ?74,000
  • Very Serious Leg Injury: ?30,000 -?46,000
  • Serious Leg injury: ? 21,500 - ?30,000
  • Moderate Leg injury: ? 15,250 - ?21,500
  • Fractured Femur: ? 5,000 - ?15,250

Knee Injury Compensation:

  • Very severe knee injury: ?38,000 - ?52,500
  • Severe knee injury: ?28,500 - ?38,000
  • Serious Knee injury: ?14,750 - ?23,500
  • Moderate Knee injury: ?8,000 - ?14,750
  • Modest knee injury: up to ?7,500

Shin Injury Compensation:

  • Below-knee amputation both legs: ?110,000 - ?147,000
  • Below-knee amputation one leg: ?50,000 - ?71,500
  • Severe leg injury: ?52,000 - ?74,000
  • Very serious leg injury: ?30,000 - ?46,000
  • Serious Leg injury: ?21,500 - ?30,000
  • Moderate Leg injury: ?15,250 - ?21,500
  • Leg Fracture: up to ?15,250

Dog Bite Injury Compensation:

  • Severe facial scarring: ?16,500 - ?53,000
  • Noticeable scarring on body: ?4,250 - ?7,500
  • Trivial facial scarring: ?1,000 - ?1,900

Ankle Injury Compensation:

  • Very severe ankle injury: ?27,500 - ?38,000
  • Severe ankle injury: ?17,500 - ?27,500
  • Moderate ankle injury: ?7,250 - ?14,750
  • Modest Ankle injury: up to ?7,250

Foot Injury Compensation:

  • Achilles tendon injury: ?4,000 - ?20,000
  • Amputation of both feet: ?93,000 - ?110,000
  • Amputation of one foot: ?46,000 - ?60,000
  • Severe foot injury: ?25,000 - ?37,000
  • Serious foot injury: ?12,750 - ?21,500
  • Moderate foot injury: ?7,500 - ?13,750
  • Modest foot injury: up to ?7,500


Personal Injury Claims Over Saddam Scandal


A prominent Texas oil trader who became embroiled in the oil-for-food scandal surrounding Saddam Hussein's regime is being sued by dozens of people who were injured in terrorist attacks that they say were perpetrated by the now deposed dictator. The plaintiff's allege that the actions of Western businessmen in breaking the embargo are at least partly responsible for their personal injuries.

Oilman under fire Oscar Wyatt, who is at the centre of the current case, was involved in the oil industry for over fifty years and even served as an envoy to the UN for two previous US administrations. Wyatt was convicted in 2007 of placing $200,000 into an Iraqi bank account and was sentenced to a year and a day in prison and was ordered to forfeit $11 million.

Now released from prison, Wyatt aged 84, and El Paso Energy Corporation are being sued by 193 victims of terrorist acts. According to the complaint filed in Texas:

"The Defendants knew or should have known that Saddam and the Saddam regime were known terrorists and had committed widely publicized crimes against humanity, acts of genocide, torture and terrorism."

The vast majority of the 193 plaintiffs are Israeli citizens who were injured during Palestinian terror attacks or those who lost family members in suicide bombings. They allege that Wyatt and the corporations should have known that Saddam and his deposed regime were funnelling money to such groups.

"There is strong evidence that the very reason Oil For Food was put into place to keep Saddam Hussein from giving money to terrorists. Mr. Wyatt helped set up oil for food. He knew what it was for. And I think it is likely he knew that some of that money was going to go to some very bad people." Said Michael Miller, the personal injury lawyer, who along with an Israeli attorney, Gavriel Mairone, is representing all 193 claimants.

Legal, not political:

The two law firms had previously teamed up to win compensation for the victims of the US embassy bombing in Kenya. Mairone said that he had been preparing the case for the last three years, but was only interested in the legal claim and was not going to get "bogged down" in "political considerations".

According to the Legal Times, there are precedents in this kind of action. The most important of these were the lawsuits against those companies and individuals which did business with the South African apartheid regime in the 1980's. The plaintiff's hope to base their case on the Alien Tort Claims Act and the Anti Terrorism Act of 2001.

Wyatt, El Paso and their representatives have so far declined to comment on the issue.

Darrell has more articles pertaining to personal injury and other legal related articles.


Cutting Your Legal Training Costs But Not the Quality of the Training!


Keep Your Legal Training Costs Down By Following These Methods

The requirement in England and Wales for solicitors to have 16 hours Continuing Professional Development every year is set in stone. However, how this training is obtained does have a certain element of flexibility attached to it.

The Solicitors Regulation Authority says that 25% of the time, ie four hours, must be obtained through accredited trainers. What this means in practice is that 12 of the 16 hours can be obtained through non accredited training.

Whilst this can include accredited training courses, it can also include:

  • Attending non accredited training courses
  • Preparing non accredited training courses
  • Writing Legal Articles
  • Writing Legal Books
  • Undertaking NVQ's in business and management
  • Coaching and mentoring sessions
  • Research resulting in written precedents or procedures

The Easiest Way To Save The Most Training Costs?

One of the easiest ways of obtaining CPD for solicitors in practical terms is by attending courses. Often firms can run an hour long course during a lunchtime break, providing sandwiches for the attendees. The benefit to the firm is the reduced costs of staff attending a course on site, with both travel expenses and external course providers fees saved.

The benefit to the attendee is receiving focused and practical training that they can apply to their daily tasks as soon as they return to their desks. However, a problem can arise if the people delivering the course have not had training in presentation skills themselves. There are now specific "train the trainer" courses aimed at legal staff to ensure that they can provide relevant and focused training for attendees. Whilst the cost of the course might amount to a few hundred pounds for each attendee, when the costs savings of delivering in-house legal training are assessed a firm can save many thousands of pounds over the course of the year.

By way of an example, if the 12 hours non accredited CPD training was delivered in house by one of a firm's fee earners to five solicitors each time, this would amount to a saving for each fee earner of at least ?675 per annum based on the alternative cost of attending three half day courses at ?225 each. With five attendees this will save a small firm over ?3,000 per annum. In larger firms the costs savings will be much more significant.

Summary

In times when all law firms are looking to cut their costs, carrying out more in house legal training can lead to a significant saving. If the training is carried out by a solicitor that has attended a Train The Trainers course, there should be no loss in quality of the training received.

See MASS Training's sought after Train The Trainer course. For more information and a training ans newsletter, visit MASS Training; Legal Training specialists.

Nick Jervis is a Solicitor (non-practising) and a Legal Marketing Consultant for Solicitors and Legal Businesses in The UK. Nick is a Director of Samson Consulting.


Three Things Compensation Lies On


You can claim for almost any type of personal injury as long as it has resulted from the negligence or intentional harm of another.

Don't be put off if the first personal injury solicitor is less then confident in your chances of success, not every solicitor knows everything about every section of personal injury claims.? Many solicitors actually specialise in one particular type of personal injury claim to ensure a high success rate for themselves and their clients.

You may even find whole firms dedicated to your type of claim. You do not have to use a solicitor located near where the incident took place, feel free to look around. A good personal injury solicitor may be the key to winning your case, but failing that the case will hinge on three things:

Having Someone To Claim From

You may not end up seeking compensation from the person that has caused you the injury but someone has to at least be at fault for there to be a case. In the case of a criminal injury, although the offender will be prosecuted you will not get your compensation from him but rather from the UK's CICA.

Having Medical Documentation Of injuries

If your injuries required medical attention then they are deemed serious enough to warrant compensating.Make sure you say every little bit of pain and discomfort so its noticed and noted down and then checked out.

Having Evidence That It Occurred

Not normally a problem for most cases such as road traffic accidents, professional negligence, accidents at work or any other personal injury? claim where there are generally witnesses and official reports drawn up at the time. If, however, you trip up alone on a broken up street or you are the victim of violent crime the evidence will need to be documented properly.This is why it is important to contact a solicitor as soon as you can to be advised. Taking photos on your mobile at the scene of the injury or crime will help, etc.


When it is Considered an Injury at the Workplace?


Injuries in the workplace happen all of the time. It is quite unfortunate, but certain obstacles get in the way, there are slip and fall accidents, and sometimes people may lift something and take out their back. There are so many things that can occur and many individuals are not quite certain when and if they should file a claim against their employer. If the injury causes them to not be able to function, then they lose wages and their quality of life is reduced significantly.

But when is it really considered a workplace injury?

Here is a list of workplace injuries:

- Carpal tunnel - This is from typing in an improper position. The wrist should be positioned in a certain way. This can be due to the employee not using proper techniques, but this can also be due to the proper supports not being provided by the company.

- Falls - If the floor is wet where it shouldn't be or there is an obstacle in the way, this can be claimed as a workplace injury.

- Breaks and fractures - If something occurs that causes you to break your arm or fracture any bone in your body, you can claim this as a workplace injury.

- Back, neck, and head injuries - If you are lifting something and you hurt your back, you can claim the injury if you were not provided with the right kind of back support to prevent the injury. Neck injuries can happen in this way as well. As far as head injuries go, you can get them from falling, from something falling on you, or from something hitting you.

- Tendonitis - This is the result of overuse of that particular part of your body. When it is work-related, there is a possible claim.

- Burns and lacerations - If you are cut or burned on the job, then you may be able to claim the injury.

There are many other injuries that can occur on the job. The best way to know whether or not it is considered an injury in the workplace is when it has occurred because of something that someone else caused or was caused by the company themselves.

There are many instances in which the right safety gear is not offered. There are also cases in which a person may be severely overworked and it leads to overuse injuries. The best way to be able to file a workplace injury claim is to be able to prove that the company is at fault in some way. If you tripped over your own feet, that is hardly grounds for an injury claim although it happened at work. So you have to be mindful of what constitutes an injury at work and what doesn't. Just know that if you cause the injury that you won't be able to file a claim against the company since it wasn't due to their negligence.

So if you find that your company is not employing the right safety measures, do something about it. Tell them what it is that you and the employees need. They should know this considering there are severe consequences for companies that don't ensure their employees are safe.

In the meantime, exercise your own safety measures so that you don't become injured. You never know when an injury may cause you to be out of work indefinitely and that can cause severe financial consequences for you in the form of medical expenses and lost wages. Workplace injuries are the most common injuries, so make sure you are careful when on the job. In the long run you'll be glad that you were.

Personal Injury Lawyer Toronto Firm specializing in the needs of accident victims, workplace injury Motor Vehicle Injury and injured petitioner.


Sunday, January 18, 2009

What Should I Expect When I Am In A Motor Vehicle Accident?


Property Damage Issues

After a motor vehicle accident, not only do you have to deal with any injuries that you suffered, but you also have to deal with a motor vehicle that has been damaged because of the accident. The property damage caused in a motor vehicle accident is inconvenient because you have to go without your car while it is getting repaired. Also, the defendant's insurance company only authorizes certain repairs which can fall well below your expectations. As such, you have a situation of paint not matching or the vehicle not working like it worked before. Also, the defendant's insurance company could simply declare your vehicle a total loss and give you a check for the fair market value of the vehicle, which generally does not reflect the true value of your vehicle.

The defendant's insurance company can be difficult when you are trying to get your vehicle fixed. You are entitled to a rental vehicle while your car is being fixed, but the defendant's insurance company can limit how many days you get a rental vehicle. Often times, it is almost better to call your own insurance company to get the property damage fixed, but, again, then you have to pay your deductible and you may not get a rental vehicle unless you have rental coverage on your policy. Hopefully, you will get back your deductible in the future since your insurance company will go after the other insurance company for this money. If you do not have rental coverage on your car insurance policy, then you have no vehicle while your car is getting fixed.

The law in Virginia is very difficult when it comes to the property damage issues and, generally speaking, the best way is to try to resolve this as quickly as possible and simply realize the laws in Virginia do not benefit the person who has the property damage. The defendant's insurance company generally does not go out of its way to properly fix the car or to properly estimate the true value of your car.

Lost Wages

Besides dealing with the property damage of your car, you lose time from work because of your injuries. Unfortunately, these lost wages generally are not repaid until a much later date. There is no good solution to this problem other than looking to your own car insurance policy to see if you may have coverage to help with the loss of wages because of a car accident. Generally speaking, most people do not have this coverage on their policy.

The defendant's insurance company generally will not pay you for lost wages unless you sign some type of release which could greatly affect the value of your case. Your healthcare provider must provide a note to keep you out of work if you want the defendant's insurance company to consider your lost wages. The bottom line is that when you are injured and miss time from work, there is no good solution and that this can greatly hamper paying the family bills and putting food on the table.

Severe injuries cause not only past lost wages but future lost wages. In order to be compensated for these future loss of wages and wage earning capacity, proper experts are needed, such as a qualified physical therapist that will provide a Functional Capacity Evaluation and a Vocational Rehabilitation Counselor that will determine what work restrictions you have because of your injuries. At some point, you may need an Economist to determine the present value of these future lost wages.

Injuries: Pain and Inconvenience

Besides being faced with the property damage of your vehicle and the loss of wages because of your injury, the greatest inconvenience to you is the pain and inconvenience that is a result of these injuries received from the motor vehicle accident. Your pain will probably cause you difficulty getting out of bed in the morning, problems with your daily activities, and problems with sleeping.

Unfortunately, you generally cannot be compensated for your pain and inconvenience until you have totally finished your medical treatment. The defendant's insurance company will try to pay you before you are done with your treatment and, if you accept this money, you may sign away any rights you have in the future. The only thing that can help you get through this pain and inconvenience is making sure you have the proper medical treatment and then realizing that you have legal rights to protect you. Most people do not realize the staggering amount of inconvenience a motor vehicle accident causes because of the damage to the vehicle as well as the injuries that resulted from the accident. Basically, your whole life is disrupted and if you can be prepared for the difficulty at the beginning, it makes this challenging process a little easier.

Jim Hurley
I am attorney Jim Hurley, author of The Virginia Motor Vehicle Accident Book. At the Hurley Law Firm in Norfolk, Virginia, we are dedicated to finding solutions for our clients. We provide a high level of personal service, including 24/7 availability, and hospital visits to our clients. We will do what it takes to get you the compensation you deserve. Please contact me at jimhurley@hurleylawfirm.com, or visit http://www.hurleylawfirm.com/content/ for your free copy of The Virginia Motor Vehicle Accident Book.


How to Hire a Lawyer


How do I decide which lawyer to hire for my personal injury?

There are many factors that go into hiring an attorney for your personal injury case. In picking a personal injury attorney, the following factors should be considered: 1. You want to hire a lawyer who practices in the field of personal injury law. The defendant's insurance company knows who the attorneys are that will go to court and try the cases and they use this information in evaluating your claim. 2. Many times you can ask a family member or friend if they know of an attorney that handles personal injury matters as it is always important to try to have some type of comfort level with whatever attorney you choose. 3. Also, it is important to pick an attorney with experience not only in the practice of personal injury law but also an attorney that has experience in litigating cases. After choosing an attorney, it is important to be sure you understand how that attorney and his office operates in regards to your personal injury matter. Your attorney should explain what to expect during the course of representation.

Why Won't a Lawyer Take My Case or Why did my Lawyer Stop Representing Me

Many times a personal injury attorney will not take your case or will stop representing you and you do not understand why. Some common reasons for personal injury attorneys to decline representation or stop representing:

1. Minor injuries that do not warrant the time and effort from the lawyer's standpoint in helping resolve the matter.

2. A possibility that you are partially at fault for the accident since that would totally preclude you from getting any money.

3. Having a prior lawyer represent you in this matter because many lawyers do not like to jump in mid-way to try to resolve a personal injury matter.

4. If you have unrealistic expectations, often times it is not worth the lawyer's time and effort to try to help you since you will probably not be happy with any type of result.

5. The failure to listen to your lawyer's advice in regards to your particular case which can severely affect the outcome of your matter.

In choosing a personal injury attorney to represent you for your injuries, it is important that you feel comfortable with both the attorney and the staff so as to have a proper resolution to your case. Any personal injury attorney wants his client to have a successful outcome and be happy with his services. Unfortunately, there are times when a personal injury attorney simply cannot satisfy you, so you must try to understand your particular case from the attorney's point of view as well. Many times you will feel that your attorney is doing absolutely nothing on your case, but, in reality, the attorney and his office are working on your case gathering medical records, doing investigations, filing a lawsuit, and preparing for litigation.

Many times your attorney or his office will not bother you on a regular basis to fill you in on all the details, but you can always call your attorney's office to get an update on your case. Please note that, generally speaking, most personal injury attorneys are working on your case on a regular basis even if you do not feel that this may be so.

Jim Hurley

I am attorney Jim Hurley, author of The Virginia Motor Vehicle Accident Book. At the Hurley Law Firm in Norfolk, Virginia, we are dedicated to finding solutions for our clients. We provide a high level of personal service, including 24/7 availability, and hospital visits to our clients. We will do what it takes to get you the compensation you deserve. Please contact me at jimhurley@hurleylawfirm.com, or visit http://www.hurleylawfirm.com/content/ for your free copy of The Virginia Motor Vehicle Accident Book.


Vibration White Finger


Vibration White Finger causes symptoms in fingers, hands and arms caused by vibrating tools. Vibration White Finger has now been called Hand-arm vibration syndrome (HAVS) as other symptoms may occur in addition to white fingers.

Hand-arm Vibration Syndrome is caused by frequent and repeated use of hand held vibrating tools. E.g. Power drills etc... It has been estimated that 1 in 10 people who work regularly with with vibrating power tools may develop HAVS.

Symptoms may include Raynaud's phenomenon ('white finger'), nerve symptoms and muscular aches and pains.

Raynaud's phenomenon is triggered by cold weather or by touching a cold object.

Raynaud's phenomenon:

  • At first the fingers go white and cool. This is due to the small blood vessels narrowing.
  • They then go a blue-ish colour. This is due to the oxygen being used up from the reduced blood supply of the narrowed blood vessels.
  • They then go bright red. This is due to the blood vessels opening up again (dilating) and the return of a good blood flow. This may cause tingling, throbbing and pain.

Nerve symptoms:

  • Numbness (loss of feeling) and/or tingling (pins and needles) in one or more fingers may develop.

Aches and Pains:

  • Minor damage to the muscles, joints and bones may cause aches and pains in the hands and lower arm. The strength of your grip may be weakened.

The following steps are thought to help prevent HAVS in workers who use vibrating tools:

  • Hold tools as loosely as possible, and in varying positions.
  • Ensure that tools are well maintained.
  • Use antivibration gloves.
  • Take regular breaks of at least 10 minutes away from the tool.

Vibration White Finger is recognised as a disease and affected workers may be eligible for Industrial Injuries Disablement Benefit (IIDB). This is a government-funded allowance. You can't claim Industrial Injuries Disablement Benefit if you were self-employed in work that caused your disease or deafness.


5 Typical Situations When You Should Contact a Personal Injury Lawyer


When you are injured at no fault of your own, you may be in a situation in which you should contact a personal injury lawyer. This is because a personal injury lawyer can determine whether or not you have grounds to seek damages from the person that you allege caused you to become injured.

When you become injured and it has caused certain losses in your life, such as not being able to work, having to have surgeries, and permanent injury, then it is necessary to seek compensation from the responsible party. You did not ask to be put into that situation, so you should not have to pay the consequences out of your pocket. You're paying enough in the way of consequences by having to deal with the injuries.

But what situations typically call for a personal injury lawyer?

1. A car accident - If someone runs a stop light or they hit you in another manner, this is grounds to seek the assistance of a personal injury lawyer. You did not ask to be hit by that individual. They were not paying attention to what they were doing, so it is only right that they make sure you are taken care of. However, you may have to take it to court in order to get the compensation you need for your pain and suffering, medical bills, and lost wages.

2. Animal bites - Animal attacks result in more than just bites and scratches. There is the fear of diseases, such as rabies. There is also the possibility of disability. This also results in lost wages and pain and suffering. Extensive surgeries may also be needed to repair the damages as much as possible.

3. Slips and falls - This is something that tends to happen on personal property. For example, the department store may not have properly blocked off a spill. An individual then steps in the wet area and they fall. Another example is a store that has left an obstacle in the aisle that was not seen. This can result in severe injury. Individuals can find themselves suffering from broken bones, severe sprains, tears, and even whiplash when this occurs.

4. Personal attacks - A personal attack is when an individual is attacked by another person. This could be a fight that renders a person disabled. If they have to have expensive medical attention, have lost wages, or are permanently disabled, this is grounds to see a personal injury lawyer.

5. Any injury on personal property - If you are on someone's personal property and you become injured due to something that exists upon that property that the owner should have taken care of, see a personal injury lawyer. This could be anything from not taking care of ice on steps to falling through a weak floor.

When you go to see your personal injury lawyer, you present them with evidence that shows that someone else was at fault. This includes any medical records, police reports, and anything else that you have to prove your case.

Once the personal injury lawyer evaluates the information, they are able to determine whether or not you have a case. If they do determine that you have a case, then they will take the next step in finding more information. From there, they will notify the proper entities of the lawsuit and file it in court.

From there, a court date will be scheduled and it will be time to prove your case so that you can receive the compensation that you need. This compensation is used to replace any monetary losses you have experienced because of the injury.

Personal Injury Lawyer London Firm specializing in the needs of accident victims and injured plaintiffs. Visit us at: Personal Injury Lawyer


Thursday, January 15, 2009

Boating and Jet Ski Accidents Are Preventable


Riding the waves of the Great Lakes and on Michigan's inland waterways on boats and jet skis is a great way to have fun on a hot summer day, but it's also a tragedy waiting to happen if common sense and due care are not followed.

Most owners know how to operate a boat or personal watercraft because Michigan law requires completion of safety training classes before young operators can become licensed. But owners often will let untrained friends "take a turn" on the water and then very bad things can happen.

The biggest problem with personal watercraft is people striking other people in the water, either another craft or a swimmer. Operators of all types of boats and jet skis traveling at high rates of speed, must always be very careful and extra vigilant to spot people in the water. The craft may inadvertently travel into a designated swimming area, or a swimmer may wander outside the area. Since you can't brake the vessel, tragedy can easily occur when the operator is inattentive.

Another major factor is the use of alcohol by operators. Friends are out having fun on the lake on a hot weekend day. When alcohol becomes part of the formula for fun, then the watercraft should be docked for the day. It is very dangerous to use jet skis for tubing. I know lots of people use of jet skis for tubing or water skiing but these are not designed to pull people through the water. They may have a hook for towing but the operator has very little control over a tube swinging directly toward a swimmer. Many states allow use of personal watercraft for tubing if there is a passenger spotter, but it still is a dangerous practice.

And the consequences of careless personal watercraft operators can be very serious, especially for young people. In any given year, about 20 percent of all personal watercraft injuries in the U.S. are to youth under the age of 18. Of those injured children, 46% were operators and 27% were passengers.

In Michigan in 2006 there were 29 fatalities boating related and 115 injuries. In 2007 there were 35 fatalities and 105 injuries.

Watercraft vessels are usually operated by a person who is sitting, standing, or kneeling. As an inboard boat, personal watercrafts are required to follow the same rules and requirements of other powerboats, in addition to any specific rules applicable to personal watercraft.

Jet skis make up only 6.5% of all boating vessels owned in the U.S. but are involved in 55% of all boat collisions. The U.S. Coast Guard found in 2002 that a personal watercraft operator is seven times more likely to get hurt than a motor boat operator and 30 times more likely than a canoer or kayaker.

Collisions with docks, larger boats and other personal watercraft account for more than 65% of all reported injuries. Collisions often occur when operators attempt to jump the wake generated by another vessel.

In Michigan the age to operate a PWC on any Michigan lake was raised to age 16 when Governor Jennifer Granholm in July 2008 signed the Ashleigh Iserman Law, named after a 17-year-old Rochester Hills, MI, teen who died in 2004 when she crashed a jet ski into a boat on Walled Lake. Operators also must a safety boating certificate which is issued after taking required safety classes. Lawmakers raised the minimum age to operate a boat or PWC in hopes of instilling responsible boating attitudes and practices at an earlier age and to bring the minimum age in line with the minimum age for driving a car.

Personal watercraft operators and owners have a legal duty to exercise the highest degree of care in order to prevent injuries to others. The overwhelming majority of boating accidents are caused by factors that can be controlled by the operator.

If you've been the victim of a personal watercraft accident, you have the right to seek reparations for your injuries. Because these vessels pose a unique danger of serious personal injury and death, and involve complex legal and safety issues, you need an experienced attorney to help you.

About the author: Terry Cochran, senior partner in Cochran, Foley & Associates, P.C., a Michigan law firm specializing in personal liability, medical malpractice, and SSD/SSI appeals. Cochran does not represent insurance companies or corporations but instead bases his practice upon representing individuals and families. http://www.cochranfoley.com 800-322-5543.


Asbestos, the First Inconvenient Truth? A History of Asbestos and Its Associated Health Risks


Many people are surprised to learn, especially in the context of our modern understanding of its toxicity and harmful properties, that asbestos is a naturally occurring and extremely useful mineral and not a man made material. But what is even more astonishing is that the toxicity and potentially harmful nature of asbestos was realised thousands of years ago!

Asbestos has been mined out of the ground and used for over 3000 years! As in more recent times, the ancient civilisations that first used it put it to many uses. The Greeks, Egyptians, Persians and Romans all used asbestos for a variety of purposes including candle wicks, clothing, building materials, insulation, and a heat and flame retardant. Because of these latter properties the word asbestos itself derives from the Greek term for inextinguishable and the Greeks also referred to it as the miracle or magical mineral in recognition of these properties.

The use of asbestos is thought of, by many, as a modern practice but clearly not. However, surely the manifestation of serious health issues arising out of the use of asbestos is a modern phenomenon? Again, the answer to this must regrettably be put in the negative. This is because whilst the ancients realised the huge benefits of asbestos, they also realised that the workers (mostly slaves) who mined for the asbestos mineral from the ground and manufactured items incorporating asbestos were developing lung illnesses. A Roman observer of the time even called for the protection of workers from the inhalation of asbestos fibers by provision and use of a form of early dust mask.

There was a decline in the use of asbestos in the middle ages. During the Industrial Revolution there was an enormous increase in the use of asbestos, more than at any time before. It was now put to an even greater range of uses including insulation in particular for pipes and boilers, steam locomotives, brake and clutch linings, fire doors etc., the uses were almost endless due to its "magical" properties. Millions and millions of tonnes of asbestos were used in these and many other ways over many years until a decline in its use in the 1970s following increasing pressure not to use it due to the, by then, more widely known health risks. However, by this time millions of workers had been exposed to the harmful fibers. In addition to the miners and workers employed directly in the asbestos industry, their family and residents who lived close to the factories were also exposed. It is shocking to realise that often the workers would return home after work covered in asbestos dust looking like "snowmen" and exposing their, often very young, families to it. This has resulted in family members developing the same kinds of often very serious asbestos diseases as the workers themselves developed.

Like the ancients before them, the Victorians began to realise, or at least rediscover, the very dangerous nature of asbestos fibers and the risk to health from asbestos disease. In 1898 The Annual Report of the Chief Inspector of Factories and Workshops to the Government reported 'Of all the dusty occupations which specifically came under observation in 1898 three ... stand out on account of their easily demonstrated danger to the health of workers, and because of ascertained cases of injuries to bronchial tubes and lungs medically attributed to the employment of the sufferers. These occupations were asbestos spinning and carding .... The evil effects of asbestos dust have also attracted my attention, a microscopic examination of this mineral dust which was made by HM Medical Inspector clearly revealed the sharp glass-like jagged nature of the particles and where they are allowed to rise and to remain suspended in the air of a room, in any quantity, the effects have been found to be injurious as might have been expected .... The worker may continue for a very long time before the symptoms of the evil become marked.' There were many more reports, research papers and changes in legislation to follow aimed at highlighting the risks of asbestos disease to the Government(s) and employers yet despite this growing body of evidence it took nearly another century for an outright ban on the use of asbestos to be implemented! In the meantime millions of workers were being exposed, sowing the seeds of a health crisis now being felt by thousands of these workers who have developed asbestos diseases as a result. These diseases include malignant mesothelioma, asbestos lung cancer, asbestosis, pleural thickening and pleural plaques.

Regrettably, during the very same period the use of asbestos actually increased until the 1970s and despite the changes in legislation designed to protect workers in reality very little action was taken to do so by employers despite all the evidence of the risks of asbestos disease. What is even more regrettable is that the historical record shows that employers continued to expose their workers to asbestos will full knowledge of the risks of asbestos disease and conspired to conceal this information from the workers themselves who, in the vast majority of cases, were not aware of the risks or fully aware of the risks and how they could protect themselves from those risks! Simple steps could have been taken by employers to want the workers and to give them some protection in the form of face masks, breathing apparatus etc.

Unfortunately the historical record shows that big business and the pursuit of big profits got in the way of proper warnings and protection being given to the workers. In pursuit of the prize of these big profits the asbestos companies concealed the inconvenient truth that asbestos is a potential killer from the most vulnerable and at risk. This is a hard fact suffers of asbestos disease have to swallow when they learn about this cover up. It is worth remembering that there is no cure for the asbestos disease known as mesothelioma and sufferers may only have 9 to 12 months to live following diagnosis. It is a fatal and appalling condition.

For more information and comment on all aspects of asbestos disease please visit http://asbestos-injury.blogspot.com

Nigel Askew


Tap Water Scalds


Tap water scalds may not get the same level of media attention as drunk driving accidents, slips and falls, or other dangers. However, they are a significant risk in the United States. Every year about 3,800 people across our country are serious burned by simple tap water. An additional 34 people die of these injuries annually. These numbers are especially frustrating in light of the fact that the vast majority of these injuries are entirely preventable.

Knowing the Risks

The populations that are most vulnerable to scald injuries are children, the elderly, and people with certain severe disabilities.

Children and people over age 65 are at risk due to the fact that their skin is often thinner than younger adults'. This means that burns can more easily spread to delicate tissues such as muscle, nerve endings, and fat. Disabled people may face challenges such as poor sensation in some or all of their bodies. This can make it difficult for them to know when they are being burned or otherwise hurt.

All three of these populations often share an additional risk factor: being cared for by another person. Most parents, nurses, and other caretakers are caring and do very well at their jobs. Unfortunately, not everyone is fortunate enough to be cared for by one of them. All too many caretakers fail to take proper precautions when bathing or otherwise caring for their charges, which can lead to severe injuries.

Minimizing Danger

One simple way to greatly reduce the risk of scalds in a home is to check the water heater. It should be set to 120 degrees Fahrenheit or lower, according to the Consumer Product Safety Commission. In many homes, however, the water heater is set to 130 degrees or higher. At this temperature, third degree burns can form in a matter of seconds.

The next step in reducing injuries at home is to carefully check water temperatures when cooking, bathing a person, or using hot liquids in any other way. Bath water should be checked to the bottom of the tub, not merely the surface. Soups and hot beverages should be allowed to cool before being given to a member of an at-risk population.

Any party that neglects to take reasonable precautions against injuries can be held responsible for the expenses their victims face. This can include negligent caretakers or manufacturers of faulty products that lead to injuries.

For more information, contact Chicago burn injury lawyers Friedman & Bonebrake.

Joseph Devine


Legal Settlements


In movies and in legal talk the word "settlements" is often thrown around without explanation. In its basic form, a settlement is merely an agreement between two parties in a legal matter. In a lawsuit there is usually a plaintiff and a defendant, the plaintiff being the party who places some kind of blame on the defendant. In many civil proceedings, it is common for a settlement to be mediated so that the case does not have to go in front of a judge, in a trial setting.

You might ask why this is the preferred method, coming to a settlement, rather than going to a full fledged trial. The reason is that a trial costs a great deal of money and take a lot of time to settle, often times years. The US court system is so backed up with small cases that it is usual that a simple suing could take many years.

So to avoid the trial proceedings, many people opt to try and come to a settlement with the other part. Although settlements are not reached in court, it is still a legal proceeding in which the law can enforce if one party falls through on their promises. These settlements usually involve money or property, in cases like divorce or personal injury cases.

Plea Bargains

Another type of settlement, which falls under a criminal court case, is a plea bargain. A plea bargain is usually offered by the prosecutor to the defendant. In this situation, the prosecutor may want something, like information from the defendant, in exchange for the defendant pleading guilty to the charges. For the defendant, their sentence is usually reduced or exchanged for something less harsh.

One of the main advantages of using plea bargains in the courtroom is that it can allow prosecutors to conflict more serious criminals, as well as free up the justice system. There is some controversy surrounding plea bargains. Some social advocates argue that plea bargains let criminals off more easily just for cooperating with police. These advocates feel that our justice system is leaving itself open for corruption and manipulation.

For More Information

Striking a settlement requires careful mediation and legal expertise. If you would like more information concerning legal settlements, finding a lawyer, or other legal information visit www.attorneysandlawyers4you.com today!

Joseph Devine


Saturday, January 10, 2009

Common Causes of Premises Accidents


Premises accidents generally take place on someone else's property as a result of unsafe conditions created by the property owner. A property owner may be a landlord, a home owner, or the owner of a business or company. Regardless of their title, property owners are obligated to protect every tenant, guest or customer who is legally occupying their property. It is their duty to maintain their property in a way that makes it reasonably safe for visitors. In addition, property owners must effectively alert visitors to any possible dangers on their property, like a hole in the floor, a wet or icy walkway and uneven pavement.

Hazards such as unleashed dogs, slippery floors and decaying steps are more common than most people realize. In addition, many businesses and security companies fail to provide adequate lighting and security for their customers. The personal injury claims resulting from these conditions often involve third party assaults and robberies caused by vacant and dimly lit parking garages.

A typical example of a premises liability case might be that you are in a toy store shopping for a birthday present for your nephew. While perusing the aisles you slip suddenly and find yourself sprawled out on the floor. The toy store had recently mopped the floor, but had failed to put any warning signs out to alert customers to the slippery area. You hurt your back in the fall and must take several afternoons off of work in order to see the doctor. This would be reason to seek out a personal injury lawyer.

Here is a list of common premises accident injuries:
- Building fires
- Slips, trips and falls from spills in a grocery store or on broken sidewalk
- Animal attacks and dog bites
- Inadequate security and poor lighting
- Falling merchandise (products falling from shelves in a grocery or department store)
- Staircases accidents (injuries caused by icy or snow-covered stairs)
- Escalator and elevator injuries
- Pool accidents or drowning (in particular involving children)

It is important to realize that property owners are not responsible every time someone is injured while visiting their property. The injured person must first prove that the owner was negligent. It must also be proven that the condition of the property was dangerous, that the owner was aware of the dangerous condition and that the owner had a reasonable opportunity to correct or warn of the condition but failed to do so. In some cases, the landlord or business owner may be in serious violation of national safety codes or local housing ordinances.

If you or someone you know has sustained an injury on someone else's property as a result of the property owner's negligence, you need the help of a personal injury lawyer. If it is proven that the property owner was remiss in the upkeep of their property, and you have been injured, they may be held liable for the damages. A personal injury lawyer can help you force property owners to improve their property and prevent further injuries from taking place, as well as secure you just compensation for your injuries.

Gary Susak has been a personal injury lawyer in Portland, Oregon for over 35 years. The premises liability attorneys at his law firm, Susak & Powell have over 100 years combined experience. If you think you need to retain the services of a personal injury lawyer, contact our offices for a free initial consultation.


School Bus Accidents - Rare, But Still an Issue


The accident rate for school buses is thankfully, very low. Considering the sheer volume of school buses that transport children to and from school daily, school buses are relatively very safe. This is probably due in part to their large size and design, and the lower speeds in which they tend to travel. However, motor vehicle accidents do still occur on school buses, and when they do, the consequences can be overwhelming for everyone involved.

The Transportation Research Board of the National Academies of Science and Engineering reports that there are approximately 6,000 injuries and 20 deaths annually in the USA due to school bus accidents.

School bus designs have not been changed since 1977, which means that many of them are not equipped with seat belts. Although 3 states - New York, New Jersey and Florida - require new buses to have seat belts, only New Jersey and Florida actually require riders to use them. Safety advocates have been fighting to make seat belts and seat belt usage a standard in all new buses across the country.

Out of the estimated 20 deaths that occur annually due to school buses, an incredible 15 of them are due to children being run over by the buses in the process of boarding or exit them. Safety laws have been implemented in all states to remedy this problem, but pedestrian accidents still remain.

The issues surrounding school bus accidents can become quite complicated. Personal Injury Lawyers / Accident Attorneys who have experience with liability laws can be very helpful in sorting out the legal matters surrounding this type of accident. Many factors must be taken into consideration when deciding fault in a school bus accident. Although infrequent, school bus accidents do occur, and a lawyer specializing in school bus accidents can help determine the negligent party and assess any damages that may be claimed.

Goidel and Siegel : New York Personal Injury Lawyers http://www.goidelandsiegel.com

Goidel and Siegel handle personal injury cases exclusively, and their knowledge of this area of the law is extensive. They have represented victims of serious accidents and assaults for more than 17 years. Goidel and Siegel are committed to obtaining the highest financial compensation for their clients who have been seriously injured.

They will fight for you in court - against giant insurance companies, landlords, or municipal / corporate defendants. Their record speaks for itself. Since the founding of their firm in 1990, they have recovered tens of millions of dollars in jury awards or settlements for their clients.

Written by Terri Polk at NewSunSEO, Inc.
http://NewSunSEO.com


St Louis Spine Injury Attorney Says Car Accident Whiplash Injuries Are No Laughing Matter


Anyone who watches television has seen a comedy show where someone fakes a ?whiplash? injury and tries to collect money that they don?t deserve. Jack Lemon did a movie called ?The Fortune Cookie? where he hires an attorney nicknamed ?whiplash Willie? because he knows all sorts of tricks to help fake an injury.

?Whiplash injuries? may actually be diagnosed as back or neck ?sprains? or ?strains.? When an accident victim is thrown forward in a violent manner during a motor vehicle accident, the result is oftentimes ?soft-tisue? damage. ?Soft- tissue ? damage generally consists of ?muscle injury? and? ligament injury? which cannot be observed on X-rays or other diagnostic tests. A doctor will often note ?muscle spasms? where there is a tightening of muscles in the injured area. It is difficult to quantify or measure ?soft tissue injuries? which result from ?whiplash.?

?Whiplash? injuries are usually treated with physical therapy , or a chiropractor may treat these injuries with ?chiropractic manipulations.? People suffering from ?whiplash? find them to be far from funny. From a legal standpoint, it is important to get treatment for these injuries as soon as possible since diagnostic testing doesn?t always make your case.

Unfortunately for ?whiplash victims the media has created an image of ?whiplash? victims as schemers ,fakers and opportunists. As a spine injury attorney it is my job to overcome the prejudice which has been caused by movies and television shows. As I said - ?Whiplash is no laughing matter.?

The contents of this article are intended for educational use only in order to provide readers general information and a basic understanding of the law. If you are seeking legal advice, please consult a licensed professional attorney in your state. The information in this article should not be substituted for experienced legal advice.

Jeff Swaney founded the Swaney Law Firm in 1984. Jeff obtained his law degree from the School of Law at St. Louis University, as well as a Master of Arts in Public Administration. He is a member of the Missouri Association of Trial Attorneys (MATA) and The Missouri Bar Association. Jeff is also licensed and handles cases in the State of Illinois.


Worry About Medicare Liens Even in the Little Cases


West Virginia attorney Paul Harris is learning the hard way that you don't mess with Uncle Sam's efforts to get reimbursement of Medicare conditional payments.

Harris's client was injured by an allegedly defective ladder. Harris sued the retailer of the ladder and settled for $25,000. Medical expenses for the injury had been paid by Medicare to the tune of $22,000 and change. Medicare was never reimbursed by Harris or his client.

The Centers for Medicare and Medicaid Services (CMS) started enforcement proceedings, namely a federal court suit against attorney Harris to get reimbursement. The case is pending in the United States District Court for the Northern District of West Virginia. Mr. Harris filed a motion to dismiss, arguing that as an attorney for the Medicare beneficiary, he had no duty to protect Medicare's interest and is not liable for failing to reimburse Medicare. The judge assigned to the case disagreed.

U.S. District Court Judge Frederick Stamp, Jr. denied Harris' motion on November 13, 2008. In his written opinion Judge Stamp ruled that a lawyer can be held individually liable under 42 USC section 1395y(b)(2) when he or she distributes settlement funds without satisfying an existing Medicare reimbursement right.

The court cited approvingly the language of 42 CFR section 411.24(g) which provides that Medicare can recover from any entity that receives payment from a primary payer, including the beneficiary, a medical provider, a supplier, a physician, a state agency, a private insurer OR AN ATTORNEY. Mr. Harris is an attorney. When the ladder retailer (who became a primary payer as soon as it paid the settlement) sent the settlement check to Mr. Harris and the check proceeds were distributed, Mr. Harris received an attorney fee. He thus became an entity that received payment from a primary payer, thus making him personally liable to Medicare.

The morale of the story: even the little cases require care in dealing with Medicare liens, and attorneys cannot leave it up to someone else to deal with the issue.

Chris Gullen runs a national law firm specializing in Medicare lien resolution in settlement of personal injury cases. More info is available at http://www.gullenlaw.com


Thursday, January 08, 2009

Situations Where a Cruise Ship Injury Lawyer Might Help You


Have you been to a cruise ship before and have experienced something bad? You may not know but there are instances wherein you can ask the help of a lawyer to sue the people who may be responsible either directly or indirectly to what happened to you while aboard the cruise ship.

Have you been in an accident while aboard the cruise ship? You may have encountered accident along the hallway or the swimming pool and you are injured because of this accident. You can file a compensation for these.

Have you been assaulted sexually either by a ship employee or another passenger? Even this instance is a good ground for your to look for a cruise ship injury lawyer and get help on how you can receive compensatory payment for the assault.

Did you have any injuries while you are on board? Any head or back or spinal injuries? Or did you experienced food poisoning? These medical conditions that developed during your stay on the ship should not be ignored. You can receive payment for the inconvenience that the injuries caused you.

There are many ways to travel and this is probably one of the most luxurious way. The richest people in the world spend their wealth on great expeditions over the seas and so the great cruise liners earn a lot from their passengers.

If you find yourself in one of these expeditions and experienced any inconvenience that caused inconvenience in your work, you should seek the help of a cruise ship injury lawyer. They are willing to assist you in the litigation. Just make sure that you get official documents from your doctor and that you have witnesses to prove your statement in court. When you feel anything after your trip, you should see your doctor immediately. The medical finding of the doctor is a very strong evidence.

I am a full-time writer for http://www.weddingupdo.net and a number of other blogs.


No Win No Fee Compensation Claims - Fact Or Fiction?


When you are in a car accident or a bike accident, through no fault of the own, you are entitled to compensation for your medical expenses, vehicle repairs and pain-and-suffering compensation through the courts if you're claim is deemed with merit. If you're in an accident through no fault of your own, than a compensation claim should be filed with an attorney as soon as possible because there are some statute of limitations on accidents and when you filed the claim. This means that the time between the accident happening in the time you filed the claim should not be a long period of time because you will have a harder time convincing the judge of your injuries because they could've happened somewhere else other than in the car accident or bike accident. This is why it is important to file your compensation claim as soon as possible after the accident.

Attorneys who work for a no-win no fee compensation are the best kind of attorneys for a motor vehicle accident or bike accident claim against another person. A no-win no fee compensation attorney means that this attorney will represent you and file a claim on your behalf but will not collect any legal fees unless he or she wins the case for you. This is also known as having a lawyer on a contingency basis. A contingency means that the lawyer must win the case for you in order to collect their legal fees.

An attorney will invest a lot of time and money into a case that they believe in, in order to win the claim and therefore be compensated themselves. All of the attorney fees, up until the time the cases won will be paid by the attorney and then once he or she wins the accident claim, then the fees will be rolled into a payment for the attorney. You are expected to pay the attorney out of your winnings from the accident claim. Most attorneys charge around 30 percent of the total amount of what the winnings are collected.

A no-win no fee compensation lawyer can be found by searching the Internet for accident injury attorneys and then by calling to see if they work on a contingency basis. If they do not win the case then the lawyer will not collect any fees and this gives them an incentive to make sure they win your case for you.

It is best not to represent yourself when you have been in an accident and want to seek compensation from the at fault party. Hiring a no-win no fee compensation lawyer will not cost you anything until the attorney wins your compensation from the other party. An attorney will be able to advise you on such matters as your legal right to compensation after an accident and the statute of limitations which is the amount of time you have to file a claim after the accident happens. Additionally, a lawyer will be able to tell you if you getting the correct amount of compensation because some insurance companies would like to settle out of court even if you have an attorney.

Paul Hockney is an provider of information for anyone wishing to make an injury claim. So if you are making a Car Accident Injury Claims or need help and advice then visit his site today.


An Insight on Personal Injury Law


Our law lays out specific provisions on personal injury. Damages or destruction and any wrongful act made on another person's reputation, rights, and property are certainly punishable by law. An insight on personal injury law is guaranteed helpful since one may find himself or herself in an injury at least once in this lifetime. Hopefully you will never have to use any of the terms below but if you do at least you will have a clear understanding of what they mean and how you can apply them to your situation. Whether you are bit by a dog, harmed as a child, or if your parent has suffered abuse in a nursing home it is time to take action and protect your rights as it is stated. Following are some terms people often encounter in personal injury law readings and procedures.

Negligence

Negligence is a failure to act and/or react in the same way that sane and reasonable people would. A person may be found negligent if he/she does not exercise caution and prudence which is normal for people to do under a given circumstance. Such negligence ends up in an accident or injury suffered by another person or party.

Negligence battles often end up in court and lawsuits arising from negligence are deliberated carefully by the judge and jury handling the case. Each evidence and fact submitted is crucial to a fair and righteous verdict.

Comparative Negligence

When the degree of negligence falls to 'comparative negligence', the allowable amount of compensation or damages is consequently reduced. With this type, both parties are found negligent, both contributing to the unfortunate accident or injury.

Contributory Negligence

This type is less often followed today. Most verdicts go for comparative negligence in which both parties are determined to be at fault yet the injured party receives some amount of compensation, regardless. With contributory negligence however, the injured party can only receive compensation if and only if he/she did not cause the accident in whatever way.

Tort

When a party becomes remiss or violates any of his or her duty towards another, the law provides compensation to those who have been wronged. This wrongful act is called 'tort'. Grounds for lawsuit must be the presence of a legal duty and a breach of one of the parties against this legal duty. Damages suffered must directly result from this breach of duty and must be incurred directly by the person suing.

Slip and fall

Fall injuries are on the top list of accidents. Slips and falls caused by negligence of a property owner will obligate him to make sure the victim is helped throughout the accident and subsequent treatment of injury. To avoid liabilities, land and building owners must make sure to periodically check on their property in order to maintain utmost safety in their premises at all times.

Personal injury law is in place to protect the victim. Read up and inform yourself. You never know when a certain accident will prove personal injury law handy entitling you to compensation.


Catastrophic Personal Injury Cases


Nobody really wants to experience a catastrophic injury. Nobody really knows how hard life is for a catastrophic injury victim except the casualty himself. However, if ever a fatality happens to anyone, a lot of things (including medical treatment) should be taken into full consideration. One of those is obtaining quality legal representation that will alleviate you of your worsening condition brought about by that unfortunate event.

Catastrophic injuries to a person is inevitable, nobody really can tell who will get afflicted by it. No demographic statistic can predict nor cultural background that is prone to it. It's a misfortune of a lifetime nobody can infer. However, fated circumstances such as these can be cushioned and ease the burden not only those unfortunate victims but their family as well. Seeking a substantial compensation for injuries like this as well as considering the long-term effects it may bring to a person will somehow lessen the impact of the matter.

Qualifying catastrophic injury as a lifetime disability is certain. Although significant medical treatment can reduce the risk of death or disability, the long-term permanent effect on a person's life is real. The significant suffering, shortened lifespan, disability and dependency, personality alteration, loss of job and opportunities and the stigma to the society are among but few consequences of such misfortune.

Seeking a specialized legal assistance is one of the most practical thing to do aside from looking for the right medical attention. Personal injury attorneys are adept and have much better perception on the matter. Catastrophic personal injury cases requires a lifetime of medical attention and care, others need a frequent reconstructive surgeries. So much for the pain and disturbance of medical procedures may bring, the medical bill for an unemployed patients and their families is as if a traumatic tales told ten folds.

The importance of having an attorney who knows and understands the treatment and recovery process is valuable. Catastrophic cases, such as a child with severe burn that requires repetitive surgeries to adapt to his physical growth or a bone-fractured patient that needs a continuous physical alignment while growing, should be well represented. Better understanding of these predicaments and its long-term effects is imperative, so that a lawyer might be able to argue effectively and haggle for a just compensation for the patient.

The future advancement in medical science may suggest a hope for patients with lifetime disability. However, the limitation of today's medical practices to improve and cure spinal injuries, brain damage and other life long suffering is evident. A spinal cord injury can render an athlete invalid for the rest of his life, while a child who suffers the same may requires a full time care and basically altered his personality. The sudden change of personality afflicts more to the family, thus extending the damage further.

Our society should see to it that people who suffer from catastrophic personal injuries do not lose their right to live a rationally normal life by way of some insurance companies who have their way circumventing the law and lobbying for damages caps on personal injuries. As if living a lifetime of disfigurement and pain is not enough.


Saturday, January 03, 2009

Car Accident? Go For Settlements


"Eeeekkk... CRASH!" And there goes your brand new red sports car, along with the stuff in your car trunk, and, well, your limbs....

No, this is not merely a scene from some tear jerking melodramatic movie. This is a car accident, and a car accident is something that can happen to you any time.

When it comes to a car accident, what is the best thing to do? Check out your settlements!

The Scoop On: Car Accident Settlements

First things first, here's the question: what are car accident settlements? Car accident settlements are basically the product of a security or insurance contract with regard to the event of a car accident. Settlements are the fulfillment of the terms stipulated in an insurance contract.

Settlements may either be in the form of traditional settlements or electronic settlements. What's the difference? Read on:

Traditional Settlements - this is a form of settlement that is largely dependent on physical documents such as certificates, papers, and forms. If your security contract states that its terms are to be settled the traditional way, it usually means that you will get a paper check payment for any casualty you may incur, such as a death, natural calamity, or accident.

Electronic Settlements - this kind of settlement, on the other hand, is a securities settlement system that is fulfilled through the use of computer technologies. In an electronic settlement system, you as the client are likely to be holding an account with the insurance company of your choice. This account contains information as per the coverage of the insurance you availed from the company, as well as how your settlements will be.

So, how are these two kinds of settlements relevant to the issue of car accident settlements? Basically, it tells you how you are going to get paid come the time when you do get involved in a car accident - it's either that a close relative of yours will have to fix your paper documents with the insurance company, or they will just have to contact your insurance company, check through your account, and get your car accident benefits settled in just a moment's notice.

Safety Concerns

Apart from the benefits that you will get from a car accident settlement, chances are, you're also concerned of the security of the documents you have with the insurance company. Of course, a car accident settlement costs money, too. You may have even spent years banking up on the amount that will be used to cover for the damages incurred if by chance you do get into a car accident. Now, if your papers' safety really matters for you, I do suggest that you go for the electronic form of settlement. That is because this is basically more innovative, while your papers may risk getting lost with the traditional settlement arrangement. Also, traditional settlements tend to come with more paper requirements. At least, with the electronic arrangement, usually all you have to do is key in your information on their database.

Any sort of vehicle accident, disability claim, can be claimed. Be sure to research thoroughly and find the right disability lawyers Toronto or personal injury attorney for yourself.


Personal Injury Lawyer - Vital For the Compensation Claim


Personal injury cases are very tricky to handle as it is a difficult job to determine and prove the mistake of the guilty ones who shy away from their responsibility. Personal injury occurs when a person experiences physical and mental pain and anguish after meeting an accident where the carelessness of another person has caused this to happen. The victims are entitled to get a monetary compensation from the third party insurance companies through the medium of a personal injury claim. And an expert solicitor is the only being who can assist and guide you through the whole legal procedure.

There are many people who tend to settle their cases outside the court boundaries and readily accept what's being offered to them with out the actual estimation of their losses and medical expenses. Most of the times, you are unable to tell the exact extent and nature of your injuries you received after the accident and base all your calculation on the immediate loss and medical expense. At times, the illness can be a prolonged one or its after effects can be experienced after some time. In case of settlements without the help of a lawyer, you will not be entitled to further compensation.

It is of great importance to get a personal injury lawyer hired for your claim. He is the best person who knows all the legalities of the process and he is also the one who can get you the right estimate of your losses and injuries. In most of the cases, it becomes a very difficult to prove the mistake of the other party and get the deserving compensation amount. You can not do it on your own. Your lawyer is there to get all the pains related to this matter. Getting a legal representative is of the primary and the most vital concern when you decide to go for a personal injury claim.

Finding a personal injury lawyer is not a hard task. You can search an expert solicitor through the medium of internet. There are so many lawyers and law companies dealing in the personal injury area who have offered their online services as well. Browse these websites and choose the one that you think suits your concerns.

Whether this is a road accident, injury experienced at work place, slip and trip falls, mal practices done by any profession that causes harm for your health or any type of accident where you have to suffer due to the negligence and irresponsibility of another person; an efficient personal injury lawyer can help to get the justice.

We provide free consultation regarding personal injury claims along with the professional assistance to get you the best Toronto Personal Injury lawyer.


The Long Process of Car Accidents


If you see the numbers on how many car accidents occur every year, you might want to sell your car and get a bike. Is our inability to follow the rules what causes that huge number of car accidents every year and the number seem to increase year by year. I don't like to be the bearer of bad news but chances are that you or a close relative will be involved in a car accident.

Insurance is mandatory in almost the whole country, that is good, but dealing with an insurance company is not as funny Jerry Seinfeld and will for sure be a very long process and the best you can do is to have a legal professional giving you a hand in the process. Filing an accident insurance claim can be a complicated process.

The main problem is that your insurance will fight for every single dime; they might even ignore your claim (that is why they have a lot of money!). They will minimize you claim, they will delay as possible and if you are not stressed enough after being involved in a car accident, be sure you will be after dealing with the insurance company.

If you don't have enough problems this far, chances are that the accident resulted in personal injuries and you should know that there are many lawyers specialized in this type of cases and they can provide the assistance you need. If the accidents has caused by the negligence or deliberate actions of another, you have a case, but finding a real legal professional turn to be another complication.

Yes, there are many lawyers, and many will claim to be experienced personal injury or car accident lawyers, but you should trust lawyers that can demonstrate a solid background in this type of cases since personal injury or car accidents claims use to be complex cases and overall, long processes.

Nahun Silva, Web Developer and SEO advisor of the Alabama Lawyers directory.


No Win No Fee Personal Injury Claims


Since no-win-no fee arrangements are getting an unpleasant reputation due to critical news stories, this write-up seeks to elucidate further the advantages inherent in this legal procedure. Even when accusations regarding the system are prevalent, it is essential to note that a majority of the features present in the system can be valuable for clients within the UK.

Conditional Fee Agreement is another term that refers to the No Win No Fee system. In a real no-win-no-fee setup, the complainant is not compelled to pay the lawyers of their services if the case is not won. Initially, it is required from the client to create a written deal with a lawyer, which is referred to as the Conditional Fee Agreement.

However, the agreement can be subject to a few alterations, especially if the case turns out to be a more complicated one. There are more risks anticipated from a more complicated case, and in order to cover the risks anticipated from the complaint, a "cushion fee" may be required from the complainant. The amount should therefore be determined right from the start, depending on the risks presented by the case.

If the case turns out to be successful, then the complainant would have to provide a payment for the lawyer, according to the normal asking fees of the legal counsel. It is also necessary to add to that amount a price proportionate to the risks involved in the case, and which the lawyer undertook when he initially confirmed to tackle on the case. Accordingly, this payment is referred to as the "success fee". In the event that the case poses more risk or one that is weak in the beginning, it is customary for the lawyer to ask for a higher success fee since the attorney is at risk of losing the case and not getting paid.

A legal expense arrangement which normally takes place after the outcome of the case is necessary to support a client's legal fees. This normally happens when the outcome of the case turns out negatively. Complainants can also be indemnified when they face the probability of paying for the costs of the other side. Insurance companies typically make available such arrangements. The premium to be paid is dependent on the costs and risks involved. Eventually, these premiums can be recovered from the other side once a costs order is already in place.

Nicholas Tate is the webmaster of several personal injury webites which provide information on all types of no win no fee claims, including work accident compensation claims, medical negligence, whiplash claims and slips and trips.