Accident Compensation Claims

Investigating Medical Negligence Cases

2008-08-10T09:30:00.000-07:00

Author: T. Daniel Frith, III

How do you know if you, a family member, or friends have been the victim of medical negligence? What information is important? What are the issues? What are the types of damages that can be recovered? How long do you have to take legal action? These are all important questions and this article will attempt to provide you with useful answers.

What Information is Important? Our analysis of your potential case begins with a thorough investigation and examination into your medical history. Any previous hospitalizations regardless of the reason may be important. We need to review your medical records from your family or primary care doctor for several years prior to the date of the treatment which you believe was negligent. We will need to review all records surrounding the treatment which you believe to have been improper. Finally, we need to understand all medications which have been ordered for you during the last several years. No doctor or hospital can refuse to provide you with a copy of your records – it’s the law! They may charge you a fee for copying the records but must provide the records within 15 days of your request. You do not have to inform the health care provider that you are requesting the records for review in a potential legal matter.

What Is Medical Negligence? In Virginia, and most other states, a doctor, nurse, dentist, or other medical professional is guilty of medical negligence if their care of a patient is below what a reasonably trained and experienced medical professional would have done for the patient under similar circumstances. This negligence may be the result of actions or inactions by the medical professional. For example, if a reasonable and competent Emergency Room doctor would order a chest x-ray and cardiac studies for a patient with complaints of chest pain and shortness of breath - then it would be negligent for that doctor to fail to order these tests to determine the patient’s cardiac status. Also, if a reasonable and prudent nurse would not give 100 mg of Demerol (narcotic pain medication) to a post-operative patient who had already received post-operative pain medication in the recovery room, then it would be negligent for the nurse to give the patient the additional dosage of pain medication.

What is Causation? Proving that the doctor, dentist, or nurse was negligent is not enough to prove your case. You must also be able to establish the negligence of the health care professional directly caused injury or death. The easiest way to understand this principle is to discuss a situation where causation is not proven. Let’s assume that you are cleaning the gutters from a ladder at your house and fall and injure your arm. A family member takes you to the doctor who orders x-rays, and after reviewing the films, tells you that you have just bruised your arm and sends you home. Upon returning home, and for the next 24 hours, the pain in your arm becomes unbearable. You head to the local hospital emergency room and additional x-rays are taken which clearly establish that you broke your arm as a result of the fall from the ladder. Yes, the first doctor was most likely negligent in failing to diagnose your broken arm but what damages were caused by the negligence? You would have had a cast placed on your arm 24 hours earlier but would still have endured a fair amount of pain. In other words, you cannot prove that the first doctor’s negligence caused you to suffer additional injury requiring additional medical treatment.

What Damages May be Recovered? Assuming you can establish that your doctor or nurse was negligent and that such negligence caused you further harm there are several different types of damages which the law entitles you to recover. First, you may recovery for additional medical costs/charges if the negligence required you to remain in the hospital for a longer period of time or receive medical care from other doctors to fix the medical problem. Second, you may recover any wages or income lost as a result of your inability to work – even if you will be unable to work for the remainder of your life. Third, you may recover for the added “pain and suffering” which results from your doctor’s negligence. Finally, you may recover damages for the loss or reduction in the enjoyment of everyday life if your injuries are permanent in nature and prevent you from doing the things you have always done (i.e. golf, hiking, etc.).

How Long Do I Have to Make a Claim? The general rule in Virginia is that you have two years from the date of the negligence to file a civil claim for damages. This time may be shorter or longer depending on the facts of your case. The rule is different for children who have suffered from acts of medical negligence and there are different restrictions if the defendant is a division or agency of the Commonwealth (i.e. UVa. Medical Center, etc.) All claims, regardless of their merit, are barred if filed after the expiration of these cutoffs or periods of limitation. The best practice is to consult with an attorney as soon as you have questions about the medial care provided to you, your family, or friends.

Article Source: http://www.articlesbase.com/law-articles/investigating-medical-negligence-cases-162666.html

About the Author:

T. Daniel Frith, III is an attorney with Frith Law Firm in Roanoke, Virginia. He concentrates his practice on medical malpractice, nursing home abuse, nursing home neglect, lead paint poisoning, and business torts. You may view his complete profile at www.frithlawfirm.com/frith.htm and the firm’s home page www.frithlawfirm.com.

Unsafe Products - What Are Your Rights?

2008-08-10T09:26:00.000-07:00

Author: Alan Haburchak

When it comes to product safety, consumers depend on manufacturers to produce items that have been rigorously developed and tested to the highest standards of quality and safety. But what happens when we purchase faulty, defective or unsafe products? What are consumers' rights?

Reasonable Care

The term "reasonable care" or "standard of care" often comes up in unsafe products litigation, and for good reason: the idea of reasonable care is at the heart of products liability. The law expects that both manufacturers and consumers will act with reasonable care.

Basically, this tenet means that a reasonable manufacturer would do everything in its power to develop a safe and marketable product, while a reasonable consumer would take heed of product warnings and use a product in its intended manner.

For example, it is reasonable for a manufacturer to design automobiles to be crashworthy, or able to sustain an automobile accident with minimal impact and injury to passengers.

At the same time, it is reasonable for a customer to drive an automobile in a rational and safe manner. The manufacturer cannot be held liable for a driver's erratic decision to drive her car into a ditch regardless of the ultimate crashworthiness of the car.

Reasonable care extends to the actions of consumers when using a product. For example, if a manufacturer has placed a warning label on a toxic chemical used for house cleaning - within its reasonable standard of care - and a consumer chooses to disregard this warning label and drink the cleanser, the manufacturer will not assume liability for the consumer's injuries.

Unavoidable Dangers

Under the standard of reasonable care, manufacturers are expected to adequately warn consumers about the potential dangers of their products. However, manufacturers cannot be held liable for unavoidable dangers of a product. For example, manufacturers often place potentially unsafe products - such as heavy machinery or drugs - on the market.

They cannot be held liable for injury sustained by consumers, who are expected, by the doctrine of reasonable care, to understand that the use of heavy machinery or prescription drugs carries with it an inherent and unavoidable risk.

Caveat Emptor No More?

The law used to favor businesses with a strict caveat emptor ("let the buyer beware") interpretation of products liability law. However, the courts are beginning to recognize more and more responsibility on the part of businesses and manufacturers to inform their customers about the inherent risks of their products and to design their products with safety in mind. Businesses are liable for products that pose a danger to consumers.

This is a good tool for consumer protection - strict liability laws hold manufacturers accountable for educating the buyer and creating safe products for consumers and gives consumers redress when they have suffered injury from an unsafe product.

If you have been harmed by an unsafe product, consider contacting an attorney experienced in the field of products liability law. A lawyer with experience in unsafe products litigation can help assess whether you have a valid claim and lead you through the legal process.

Article Source: http://www.articlesbase.com/law-articles/unsafe-products-what-are-your-rights-365025.html

About the Author:

Visit http://www.LegalView.com to learn about a variety of legal topics, legal information and jury verdicts on these related topics and info on traumatic brain injury at http://brain-injury.legalview.com or learn how to contact an auto accident law firm at http://crash.legalview.com/

Criminal Negligence - Ignorance Is No Defense

2008-08-10T09:23:00.000-07:00

Author: Amit Mehta

Criminal negligence indicates the lowest level of responsibility or guilt, criminal intention being the highest. Gross negligence and criminal recklessness share the same intermediate level.

What pushes an act over the line from criminal to gross negligence is the fact that the offender COULD foresee the prohibited or criminal consequences of his actions.

Criminal recklessness, on the other hand, indicates the offender knew that he was exposing another person or entity to potential injury. Guilt is determined by the offender's agreeing to run that risk.

Some acts of this crime have more to do with crimes of omission. Guilt is determined by the offender's not foreseeing the results of his actions, allowing otherwise avoidable dangers or consequences to happen.

If the offender deliberately puts himself in a position where he won't be aware of the consequences of his actions, then criminal negligence can turn into willful blindness. Just like willful blindness, "not knowing" is NOT an acceptable defense and the defendant can still be held criminally liable for the results of his actions.

The punishments for this crime vary widely, but incarceration is very common. If the offender is legally declared insane, he may be removed to a state-run facility for treatment purposes.

Criminal Negligence - Common Cases
Criminal negligence also arises from acts that are careless or work that is slipshod. Two common cases of criminal negligence have to do with criminally negligent homicide and negligent child endangerment.

The most controversial cases have to do with slipshod or neglectful healthcare. To prove any 'fault' of any healthcare practitioner (e.g., doctor, nurse, medical technologist, etc.) the plaintiff needs to prove four things:

1. Duty of Care
2. Breach of Standard Healthcare
3. Loss or Injury
4. Causation (link between an offender's action and the resulting loss/injury)

Criminal Negligence - The Greenpeace Case

Another common application of the crime has to do with the culpability of corporations or organizations for the way they do business or implement policies. Oftentimes, violators are charged with criminal negligence even if the full consequences of their neglectful behavior never occur.

In May 2005, Greenpeace was found guilty of criminal negligence resulting from its anti-logging efforts in Alaska. The criminal action resulted from a Greenpeace ship crossing into Alaskan waters without the necessary paperwork.

Carrying over 70,000 gallons of petroleum products, the ship headed for an Alaskan National Forest for its anti-logging campaign. The state of Alaska has laws that require such vessels to file an oil-spill response/prevention plan at least five days before the vessel enters state waters.

Although Greenpeace didn't file the plan within the given period they quickly corrected the oversight. However, the ship's captain was still convicted on three counts of criminal negligence.

Criminal negligence in Alaska has maximum penalties of 12 months in prison and $10,000 for a person and a fine of $200,000 payable by the offending organization.

Needless to say, the penalties would've been much more severe if an oil spill did take place. But this case clearly shows that even a threat of danger due to 'low-level' negligence can be prosecuted in court.

Article Source: http://www.articlesbase.com/non-fiction-articles/criminal-negligence-ignorance-is-no-defense-236726.html

About the Author:

We all want to think we are safe but are we? If you want to know more about the different types of crimes committed today, RecordsSiteReviews.com is offering FREE ACCESS to its Criminal Records Information section. If you have a nagging suspicion on someone, run a criminal check on him or her today!

How to Get Money in a Los Angeles, Marina Del Rey Personal Injury Car Accident Case

2008-08-10T09:02:00.000-07:00

Author: Michael Ehline

We are Southern California’s premier Marina del Rey attorneys. The Marina del Rey attorneys at the Ehline law want you to How to Get Money in a Los Angeles, Marina del Rey Personal Injury Car Accident Case. Learn here how to handle personal injury, criminal defense and other delicate legal matters. We are not bogged down with only one area of legal practice. This means we have well rounded knowledge of all areas of California law. Since many areas of California law cross over, using us will more than likely get you a better analysis of your case, be it civil, or criminal.

For example: When an individual suffers physical or emotional injuries, and/or an individual’s personal property is destroyed or damaged say, in Marina del Rey, this is known as a “Personal Injury” in California Courts. California personal injury law allows an injured victim (Plaintiff) to receive payment (monetary compensation) for injuries causing the damages. These damages must be caused by a tortfeasor’s (Defendant) failure to exercise due care, or carelessness. The damages are usually the result of a Defendant’s intentional conduct, malice, negligence, recklessness. How to Get Money in a Los Angeles, Marina del Rey Personal Injury Car Accident Case is just a question of hiring a qualified pi attorney.

California and the Federal government utilize tort laws that largely are the result of English Common Law. These tort laws came about to protect individual rights and now even apply to incorporeal persons. Negligence is comprised of three parts in most States: (1) Duty owed by the Defendant wrongdoer, to the Plaintiff injured victim; (2) Breach of the aforesaid duty; (3) Damages caused by breach of the duty. This is called negligence.

Taking the case to court will help avoid “self help.” The English Common Law recognized that people would help themselves to a “pound of flesh”, unless the courts awarded some other form of compensation. Court’s eventually concluded that monetary damages were the best way to avoid people killing eachother over simple injury disputes. California law requires that citizens refrain from injuring one another. People have a right not to be injured, and so does their property. Our Marina del Rey Attorneys will help you navigate through all the complexities of California law.

If you or someone you know needs attorneys in Marina del Rey, because he or she suffered a crime or personal injury, or someone you know had their property destroyed or damaged, the injury causing tortfeasor has committed a tort for which damages or injunctive relief may be awarded by a California Court. Tort liability comes about in many ways. The most common liability is: (1) Intentional conduct, (2) Ordinary negligence.

Intentional conduct is just that. It is done on purpose with intent to injure, vex, annoy and/or harm. This is also reckless, but one can be reckless without being intentional. In all events, this is how the injury and harm arises. Negligence happens when the injury causing torfeasor refuses, fails, or neglects to properly abide by the societal standard of care. When that happens, the injured victim is harmed an damages are the way we try and make the victim “whole” For example, if a tortfeasor becomes upset or angry and tosses a hammer in your home, breaks your windows out and the hammer impacts your face, you are now the victim of intentional conduct that could also be characterized as “negligence.”

In fact, the district or city attorney may even want to file criminal charges for battery, assault, mayhem, breaking and entering, malicious mischief and so on and so on. The same goes for a Marina del Rey car accident. If done purposefully, it would be intentional and even criminal.

There are other types of Marina del Rey personal injury less appreciable at first glance. For example, California tort law applies to “strict liability”. Strict liability makes a person liable regardless of whether a Marina del Rey tortfeasor was negligent. For example a dangerous explosives factory in Marina del Rey. If there was an explosion at the Marina del Rey factory, the factory is liable because explosives are inherently dangerous. Products liability has a similar tone as well. A Marina del Rey product manufacturer is held responsible to make a product safe when used by an ordinary consumer for the particular purpose for which it was designed. If the product fails and causes an injury, the manufacturer and all in the chain of distribution may be held strictly liable. The Marina del Rey victim has no duty to prove up intentional or negligence conduct. The only thing need be proved is that the defective product failed, and an injury happened.

When a person suffers a Marina del Rey personal injury, the tort Defendant must pay money damages if found liable by a jury. “Damages” also covers any event where a duty is owed to compensate for a loss due to a tort injury. Damages can be decided pre-litigation by the parties to the lawsuit, and settled prior to trial. Usually these involve insurance settlements. Sometimes a personal injury victim won’t want to settle unless he or she is fully compensated and will want to risk trial. You will need a Marina del Rey attorney to make sure you don’t get suckered.

Often, the physical injury in Marina del Rey is so severe, the personal injury victim will simply be unable to work. California personal injury laws help determine who is at fault. The at fault person is the “liable”, party. The liable party will be responsible for paying for the personal injury damages caused by the liable party. Attorneys in Marina del Rey are best suited to take on your Marina del Rey civil, or criminal defense cases.

If you or a loved one has suffered a personal injury in Marina del Rey, you must: (1) Get medical help immediately. Don’t wait, or a crafty defense attorney will argue your not really hurt later on; (2) Call the police; (3) Call your insurance company if you feel it may be a covered event; (4) Contact the Marina del Rey attorneys at the Law Offices of Michael P. Ehline for a free consultation. (5) Don’t give recorded statements to your adversary, or your own insurance company unless you have spoken to competent Marina del Rey attorneys first [Don’t ruin your case]; (6) Refuse to discuss your case with anyone other than your Marina del Rey attorneys. (7) Do cooperate with police and your own treating physicians, and your own insurance company [But make sure you have Marina del Rey attorneys, if you feel you are being investigated for illegal activity and never volunteer incriminating information] - always ask to have your Marina del Rey attorneys present before cooperating.

In Marina del Rey, California, most personal injury cases involve a 2 year statute of limitations. In other words, a personal injury victim only has a statutory time frame to file a civil complaint for damages and jury trial.

If you or a loved one has been injured in Marina del Rey, or are simply in need of legal counsel, you need to contact the Marina del Rey attorneys at the Law Offices of Michael P. Ehline, P.C., at (310) 593-4871 or simply e-mail us at the contact address provided in the explorer bars above for a free initial consultation. Usually assuming we take your case, it will be on a contingency fee basis. This means no recovery, no fee. Don’t let the statute of limitations expire while trying to negotiate your Marina del Rey civil case with the insurance company. That’s what they want. No insurance company wants to pay. That is why you must retain experienced Wrongful death car accident attorneys in Los Angeles.

Insurance companies are not your friend. You are only a number to them. A claim number. Insurance companies treat many cases as if they are simply fraud. They often appear to do that to avoid paying, not because it is really appears to be insurance fraud. Don’t let the insurance company play games with you. Insurance companies can commit fraud to. Ehline won’t stand for it! Marina del Rey Attorneys as Ehline will try and get you paid and fight the wicked insurance company, with its highly paid team of professional claim destroyers. We hope you enjoyed our article on How to Get Money in a Los Angeles, Marina del Rey Personal Injury Car Accident Case.

Article Source: http://www.articlesbase.com/law-articles/how-to-get-money-in-a-los-angeles-marina-del-rey-personal-injury-car-accident-case-208809.html

About the Author:

We are California's best resource for Los Angeles car accident lawyers and Los truck crash lawyers. Let us educate you about your serious injury cases.

Lawyer Representation in a Motorcycle Accident Action

2008-08-09T15:10:00.000-07:00

Dangers of Motorcycle Riding

Motorcycle riding is indeed one of the most popular alternative means of travel. As well, a growing number of enthusiasts ride their bikes to relax and forget their worries for at least a short period.

However, many of these motorcycle lovers are not fully aware of the possible dangers riding a motorcycle may bring to them. According to statistics, thousands of individuals are being involved in motorcycle accidents every year. This is despite the continuous efforts of the government and other concerned groups to warn the people and convince them to follow safety measures and avoid tragic accidents.

Considering the characteristics of a motorcycle, one may easily predict what will happen after its collision with a much larger and heavier vehicle like a car or even a truck. Unlike other vehicles, motorcycles do not have metal cases to protect its passengers.

Further, safety belts are not applicable in motorcycles. This explains why those who were victims of these accidents have sustained serious injuries or even died.

Lawyer Representation in a Legal Action
Victims of motorcycle accidents certainly have their rights to be recover damages against the liable individuals. Yet, because of the intricate process of litigation and the many complicated law statutes associated with it, they certainly need the assistance of a motorcycle accident lawyer.

Depending on the circumstances of the crash, a competent legal counsel will try to address all the problems that the victims may encounter. They will do their best to make the pursuance of a lawsuit stress-free for their clients. This is by taking charge in all of the important tasks in a case litigation.

There are three duties that a legal advocate has to closely work with his client initially:

• Planning responses for the case discovery
• Preparation of plaintiff’s deposition
• Settlement options

After these matters are all dealt with and discussed accordingly, the victims may choose to either engage in an out of court settlement or just continue the battle in the courtroom. Yet, whatever the decision may be, they must be sure that they already understand the pros and cons of their choice.

Settlements vs. Litigation
Similar to what other personal injury claimants do, majority of motorcycle accident victims result in entering out of court settlement procedures. This is for the following reasons:

• A litigation procedure may take a lot of time and money before coming up with a court resolution.
• Settlements are more restricted to public knowledge
• In a settlement procedure, the amount of damages is decided upon by the parties involved and not by a judge

Finding the Credible Representation
Since the role of a lawyer in a motorcycle accident claim is very vital, the victims must strictly examine his qualifications before hiring his services. It will also be wise to look on his records of winnings and ascertain if he specialize in handling such cases.

Another thing to ask a motorcycle accident lawyer is his manner of charging fees. Generally, legal professionals imparting their services on a “contingency basis” are better that those who charge per appearance. This method of payment means that a client will just have to pay his lawyer if the case has already won and he already receive his money. No payment then will be made if the case will lose.

We provide free expert evaluation for personal injury cases involving motorcycles. To avail of this service, log on to our motorcycle accident lawyers website at http://askaccidentlawyers.com/practice-areas/motorcycle+accident+lawyers.html and give us information about your case.

Choosing the best lawyer for a personal injury claim

2008-08-07T01:31:00.001-07:00

When youre suffering from personal injury, it can really be embarrassing on your part. Aside from the lifelong effects that it might cause you in your physical and mental condition, you will also experience financial burdens. One can say that its easy to compute exactly the amount of money that youve spent for your surgical operations and medical expenses. However, its more difficult to know the exact amount for the psychological trauma that a personal injury victim has suffered. Physical pain and mental distress are among the hardest damages to quantify. In this case, contacting a personal injury lawyer through the web or just in your area is the rightmost thing to do. Your attorney can defend you from those negligent people who have caused your injury during court proceedings or out-of-court settlements. But before you can file a personal injury lawsuit, the first thing that you have to do is to rest and try to recover immediately from the incident. Settlements out of personal injury cases can go really high in terms of compensation, especially when you consider the more serious ones. In calculating the amount of your personal injury claim, it is advisable to consult an experienced lawyer because there are lots of variables that you need to consider before going into determining your settlement. Never make your own conclusions without the assistance of a legal specialist because it might blow up a high compensation that youve been expecting. Based on the extent of your claim, it always needs full concentration and regular assessment because it definitely has a great impact to your lawsuit and your character. Legal experts advise personal injury victims to seek legal advice from knowledgeable attorneys to assure you of the best result when the final verdict is pronounced in the court. In choosing your lawyer, you have to know that there is a big difference between top-notch and second-tier lawyers. Ignorance about this fact is the foremost reason why the premier personal injury lawyers are so hard to keep. Believe it or not, in choosing the lawyer who will back you up in your personal injury lawsuit, this big decision can really make a significant difference in terms of how much youll ultimately get in the settlement. Therefore, you need to research and investigate well to find the right people for your case. After all, a personal injury victim is still fortunate that in the present time, we also have compensation laws that protect those who are physically and mentally injured by these careless individuals.

Personal Injury Compensation Claims Culture

2008-08-07T01:29:00.000-07:00

Personal Injury Compensation Claims CultureThe "compensation culture" has been given a rather bad name over recent years; this is due to the large increase in no win no fee compensation claims not just in the States, but also across the globe. The question is, who is really to blame for this increase in claims?

People seeking such compensation claims have been described as "money grabbers" from a kerb tripping generation, personally I beg to differ, although it is true that there have been (and possibly will be more) false compensation claims from people wishing to make a fast buck, the majority of cases are from genuine victims of personal injury accidents which could have been avoided.

Personal Injury Compensation Claims are often made against organizations or individuals who have been the cause of accidents that should not have happened; with a little more due care and attention the whole incident could have been avoided. Victims of accidents who have received personal injury due to an accident that was not their fault should be encouraged to make a personal injury compensation claim, this will not only compensate them for any injury or suffering caused, it will also remind organizations and individuals just how important it is to ensure that due care and attention is always made, especially in the working environment!

About the author:Personal Injury Compensation Claims are increasing throughout the western word, but if you are entitled to make a claim, shouldn't you, for more information contact Paul Rooney Partnership

New York Car Accident Lawyer Your Friend in Disguise

2008-08-06T13:48:00.000-07:00

Author: Paul Justice

It has been reported that every ten seconds in the United States a car accident occurs. The development of the automobile has unarguably helped us to carry out faster mobility and higher productivity. However, while we reap the benefits of this advancement in technology it is hard to overlook to number of injuries and deaths that coexist with the high usage of cars. While drivers put themselves at risk roaming through the busy streets of New York, countless innocent pedestrians are also at risk. In New York it is reported that over 6,000 pedestrians are fatally wounded due to automobile accidents every year, and an estimated 90,000 pedestrians are personally injured every year. As unfortunate as these occurrences are, there is also a lack of action to report such cases and seek legal advice from New York lawyers

If you or a loved one has been involved in a New York car accident that has resulted in injury or death, it is essential that you seek the help of a New York car accident lawyer. You may be entitled to beneficial and generous financial compensation. There is no reason why your injuries or hardships have to go unheard of or unnoticed. A New York car accident lawyer is fully educated on the various laws on roads and other car or travel related matters. It is this amount of specific knowledge that ensures that you will receive the most amount of help and the most accurate amount of reparation. In many car accidents the signs of injury can be very evident. A doctor is easily able to recognize an open wound or broken bone. However, many car accident related injuries can develop over time. It is important that you are fully aware of all injuries that were obtained during the accident so that your lawyer can accurately assess how much compensation you are entitled to receive.

Car accidents are far too common and far too many people are left hurt. Make sure that you do not only walk away with an injury for you could be entitled to a lot more than just a headache. New York car accident lawyers will work with you and for justice. Personal injuries from an automotive accident come in many forms. They include but are not limited to collisions, DUIs, reckless driving, weather related bus collisions, defective machinery, improper maintenance on public transportation, and dangerous roadways. If you have been in a car accident in New York, contact a New York car accident Lawyer immediately. Every ten seconds in the United States a car accident occurs. While drivers knowingly risk their safety by driving on the busy streets of New York, many innocent pedestrians are often also victims of car accidents.

Article Source: http://www.articlesbase.com/personal-injury-articles/new-york-car-accident-lawyer-your-friend-in-disguise-511212.html

About the Author:

Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as Car accident, automobile accidents. To know more about Accident lawyer New York,accident lawyer New Jersey,New York car accident lawyer and New York auto accident lawyer, visit www.nbraccidentlawyer.com

Why you Need to Report an Accident at Work

2008-08-06T13:45:00.000-07:00

Author: Andrew Regan

They say that most accidents occur in the home - but the workplace probably comes a close second. After all, if you're like the average UK employee, you probably spend more time at work during the week than you do at home. Figures from the Health and Safety Executive (HSE) suggest that in 2006-07, 274,000 reportable injuries occurred. What's more, during the same time period, 241 workers were killed while at work.

So what should you do if you've been in an accident at work? First things first: always report an accident to your employer. Remember, your employer is legally-bound to protect you from health and safety issues, so you shouldn't feel that reporting an accident is tantamount to dissent against your company. Additionally, it means that in the future your employer will be able to make sure that no one else suffers the same fate.

What's more, if you're involved in an accident in the workplace that keeps you away from work, it's likely you'll only have the right to statutory sick pay. So when you report your accident to your employers, check whether or not they have a scheme in place for extra payment due to accidents. Don't feel embarrassed or shy to do so either - if you don't ask, you don't get!

Depending on the type of accident, your employer may also have to report the accident to the Incident Contact Centre of the HSE. Types of work accidents that need to be reported are those where the result is: death, major injuries (breaking a limb, for instance), dangerous incidents (such as a gas leak), disease and any other injury that stops an employee from their normal course of work for three days or more. And while it's your employer's legal responsibility to report to the HSE, there's no ruling against checking yourself to see whether or not they've actually done so.

You could also be eligible for compensation for any accidents at work you've experienced, if you can prove that the accident was someone else's fault. That "someone else" could be anyone except yourself - whether it's a colleague, your employer or anyone else working within your workplace. If you're unsure about how to claim compensation, visit your local Citizen's Advice Bureau, who will probably be able to give you a list of all the personal injury solicitors in your area.

Don't forget, your employer isn't simply doing you a favour by keeping your workplace safe: it's their legal duty to do so. In return, reporting an accident in the workplace, whether it's happened to you or to one of your colleagues, is not optional but an obligation - and your company will probably thank you for it in the long run.

Article Source: http://www.articlesbase.com/personal-injury-articles/why-you-need-to-report-an-accident-at-work-319552.html

About the Author:

Andrew Regan is an online, freelance author from Scotland. He is a keen rugby player and enjoys travelling.

Bicycle Crashes are Easily Preventable

2008-08-06T13:14:00.000-07:00

Author: Peter Kent

Annually, about half a million bicycle related injuries occur. In addition, according to the National Highway Traffic Safety Administration, a bicyclist is killed approximately every six hours. However, most bicycle crashes are predictable and preventable by using proper precautions on the part of both the bicyclists and motorists.

Types of Bicycle Crashes

Falls and Collisions

Over 50 percent of bike crashes are the result of falls. Falls commonly occur either when the front wheel suddenly stops moving or when the rear wheel slides out. The front wheel can stop if it falls into a road defect, such as a crack or drain grate, or if the front brakes are applied very hard. Rear wheels can skid out when turning on gravel, sand, ice, metal surfaces, or any slippery surface.

After falls, the most frequent type of bike accidents are collisions with a stationary object, such as trees. Falls and collisions with fixed objects account for about 75 to 80 percent of all bicycle crashes.

Car-Bicycle Crashes

Car-bike crashes account for between about ten to 15 percent of bicycle accidents but result in the largest number of fatalities. Most of these accidents occur when either the bicyclist or the motorist is turning or crossing at an intersection or driveway. Other types of bike-car crashes can come about if the bicyclists is not stopping at red lights, riding on the wrong side of the street, or not following the traffic laws.

Bicycle Crash Injuries

Injuries from bicycle crashes are most often to the limbs, and include fractures, abrasions, and lacerations. Fractures account for about 25 percent of bike crash injuries, and facial injuries account for about one third of injuries. The most disabling and serious injuries are brain injuries. These are so severe because they can result in a permanent defect or disability. Head injuries are also more likely to be fatal.

What To Do When In a Bike-Car Crash

To the extent possible and practical to avoid further accidents or injuries after a bicycle crash, do the following:

*Keep completely still if you may be severely injured. Wait for medical help.

* Accept medical help, even if you do not feel severely injured.

* Wait for the police so an accident report can be filed with statements from witnesses, and the at-fault driver, and the crash scene investigated.

* Leave damaged property and equipment as it was until police arrive.

* Contact a personal injury lawyer who understands bicycling.

Bicycle Safety and Crash Prevention

Not surprisingly, helmets can protect again head injuries - both brain injuries and upper facial injuries. Statistics have shown that of the 75 percent of bike riders who got severe brain injury in an accident were not wearing helmets. To provide proper protection, helmets must be fitted correctly.

Although helmets can protect against head injury, they do not protect from getting hit by cars! To help prevent personal injury, bicyclists must use common sense and remain alert when cycling on roads to avoid crashes with cars. Although drivers should be more attentive to the presence of bicyclists, the odds of injury favor the bicyclist. This is why it is so important to follow some basic common sense prevention guidelines which include:

* Follow the law - ride on the right side of road; stop at stop signs and red lights; use a headlight at night (also beneficial in the day).

* Avoid stopping in the blind spot of a car at a red light. You can be hit if it turns right and you go straight.

* Use a bell or horn to signal or alert drivers of your presence.

*Use a rear light and headlight, especially when it is dark outside.

* Use a mirror to glance at traffic behind, especially when approaching intersections.

* Be attentive and alert to the cars. Watch for left turning cars crossing in front that may not see you, and pay attention to parked cars for which a door may open.

*Do not ride very fast in case you need to stop abruptly.

* Avoid riding on sidewalks.

* Avoid busy streets, especially as a novice rider.

If you have been injured in a bike crash, you may be eligible for compensation. Contact an experienced bike accident attorney for more information on a potential bike injury claim

Article Source: http://www.articlesbase.com/fitness-articles/bicycle-crashes-are-easily-preventable-284981.html

About the Author:

LegalView.com is your source for everything legal on the web. Visit Legalview at http://www.legalview.com/ for access to a complete legal database, including a free attorney referral service. Using the service, visitors can use resources to contact attorneys for a variety of legal issues, such as a mesothelioma lawyer or a Nephrogenic Systemic Fibrosis lawyer. Visitors can locate an auto or bike accident lawyer at http://crash.legalview.com/ .

La Car Crash Lawyers to the Rescue

2008-08-06T12:59:00.000-07:00

Author: Jamil Estorninos

In Hollywood films, Los Angeles car chase scenes and crashes, are famous the world over. But that is what people see in the movies. We can be very oblivious to the fact that car accidents really do happen in LA. And it happens more frequently than we care to imagine.

The National Highway Traffic and Safety Administration (NHTSA) data reveals that out of 4,236 traffic accidents fatalities in California, 799 came from Los Angeles – making it the statewide highest fatalities contributor in 2006.

Los Angeles car crash lawyers helped families of those who were killed and thousands injured individuals involved in accidents of these sort. They played a crucial role in recovering compensation for the helpless victims before the courts.

They battle for the rightful amount of compensation. This compensation often includes but is not limited to the following:

• Loss of earning capacity

• Pain and suffering

• Reasonable medical expenses

Los Angeles car crash lawyers also protect victims and their families from usually inadequate and bad faith settlements of claims. They make sure that every injury suffered by the victim is compensated.

Hasty settlements, especially those unrepresented by lawyers, can almost always result to inadequate settlement.

If you suffered any of following or other type of injury, you have a cause of action against the erring driver. Consultation with a Los Angeles car crash lawyer must immediately be had.

• Post-traumatic distress

• Brain and neck injuries

• Paralysis

• Spinal cord injuries

• Bone fractures

• Bruises and laceration

• Burns

• Internal hemorrhage

• Internal injuries

Generally, car accidents suits are filed in the state where the accident took place. A civil suit for damages is filed to recover compensation. A criminal case may also be filed especially when the car crash was attended by serious injuries, driving under the influence (DUI), assault and manslaughter.

Different states may have different rules with regard to compensation. They apply different set of principles in computing and coming up with the rightful amount of compensation. This is where your Los Angeles car crash lawyer could be of another help. Layman will naturally have no familiarity whatsoever in this.

Some states apply Pure Comparative Fault in measuring damages. In this wise, the amount of damages given to an injured person is reduced by the percentage of his fault. Some applies “51% Proportional Comparative Fault” or “50% Proportional Comparative Fault”.

Car crashes can be traumatic for the victims. But it doesn’t end after the accident. The expenses for hospitalization and recovery can be equally traumatic as well.

To reiterate, that is why the law allows car crash victims to recover from the party at fault. In the eyes of the law, he who caused the accident will have to pay the injured party.

Los Angeles car crash lawyers have handled similar cases and proved once more that even lawyers can rescue car crash victims.

For more information regarding car accident issues such as car crash, you can consult with our expert Los Angeles car crash lawyers. You can visit our website to avail of our free case evaluation.

Article Source: http://www.articlesbase.com/personal-injury-articles/la-car-crash-lawyers-to-the-rescue-501419.html

About the Author:

Jamil Estorninos is currently jumbling work and law school. He is now only 5 units away from his law degree but 1.5 million miles away from his dream – to become the next John Grisham. He writes while waiting to become a force to reckon with in the legal world.

Accident Compensation Claim

2008-08-06T12:48:00.000-07:00

Author: Richard Gregory

Compclaim can assist you make an accident compensation claim if you have suffered a personal injury due to someone else’s negligence. If you have been involved in a road traffic accident, workplace accident or have tripped or slipped we can help you with your accident compensation claim

Our service is completely free of charge and you will never be liable for any legal fees. You will always receive 100% of your compensation if you are successful and never have to pay a penny should you lose your case. Your claim will be handled by an experienced Law Society Solicitor and they will recover their legal fees from the third party insurers in successful cases

We assist many people each year with their accident compensation claims following all types of accidents. You may have been involved in a road traffic accident and suffered a whiplash or more serious injury .It only takes a momentary lapse of concentration by a road user and it can have disastrous consequences for you health and day to day life.

By contacting Complaim you can start your Whiplash accident compensation claim today. Our specialist Solicitors have extensive experience dealing with cases ranging form severe brain injuries to minor whiplash accident compensation claims

Many people are injured each year due to unsafe working conditions at their place of work. Your employer has a duty of care and legal responsibility to ensure that they provide a safe working environment for their staff .Failure to do so can put workers at risk and you may be entitled to pursue an accident compensation claim if you have been inured to your employer’s negligence or through unsafe working conditions.

By completing our online application form and simply calling our friendly claim advisors we can provide you with a no obligation service and friendly advice on your personal injury claim. If you decide you wish to proceed, our panel of expert personal injury Solicitors will advise you on the simple procedure in making an accident compensation claim. They will speak to you in plain English and guide you through the accident compensation claim process.

We can assist you even if you have tripped in the street and fallen in a public place. If you or any member of your family have been injured to the fault of a third party and the accident was not your fault then call us today and discuss your accident compensation claim in complete confidence .We guarantee that there will never be any deductions from your damages and we will give you an honest assessment of your case and chances of success.

Whatever the accident circumstances if you feel you may be entitled to an accident compensation claim then we will provide you with a friendly no obligation service. Our panel of Personal Injury Solicitors have helped recover thousands of pounds of compensation for many clients over the years following all types of accidents. You can rest assured that with Compclaim you are more than a client and we are on your side.

Article Source: http://www.articlesbase.com/law-articles/accident-compensation-claim-169916.html

About the Author:
Rick is a well known author who writes for http://www.compclaim.co.uk/