May 20 2012

The Basics About Personal Injury

In legal terms when someone has been injured in body, emotions or mind they have a personal injury. This term has many sub-categories that you need to know. If you are seeking compensation for this then there are many additional things you should know.

Some kinds of injuries are more common than others and it is best to know which. Accidents from defective products, injuries from assault, holiday accidents and vehicular accidents are some of the most common. Accidents in the dental as well as medical field are also covered by this. Also included would be industrial diseases.

There are certain steps that need to be taken if you are going to make a claim. The first step is determining who is to blame for the accident. Should you as the victim be found to have no fault then you will be able to claim. Of course, you will need some help with this as in some countries the claims procedure is complicated.

Compensation amounts generally vary depending on the case and situation. Some things that impact the amount will be the severity of any injuries and how the injuries have impacted on your life. It is best to note that the more severe the injuries the higher the compensation is likely to be.

A lot of people have worries about the legal fees you have to pay to get the compensation. There are a number of fee agreements you can enter. Having the fee come out of the compensation is one of them. Another is to have the guilty party pay the legal fees. The agreement will depend on what the legal team is willing to do.

Personal injury is something that anyone can suffer from. If you have suffered from this then you will want to know what can be done to help you through it.

May 18 2012

How To Deal With Personal Injury

Personal injury is one of the events in life that can completely change someone, even if the condition they are left with is not a life-threatening one. Those who have suffered a traumatic event or been injured in an accident should immediately seek some kind of medical attention so that their wounds will not go untreated for very long.

People sometimes neglect to properly care for their wounds and are left with dangerous infections. This should always be avoided. Infections can lead to more dangerous issues and can sometimes be fatal. At times, only a doctor will recognize the symptoms, especially if the infection is internal. It is very important to have all the proper tests done to make sure there is no infection to be found.

When people are injured in a car accident, they might be suffering from different problems that must be treated in different ways. Car accidents can cause injuries to any part of the body, from brain damage to broken bones. Even minor injuries should always be treated immediately, to prevent future issues.

Anyone who has been hurt should always seek mental health treatment as well as medical treatment, just to make sure they are not being threatened by depression or problems with anxiety and worry. Many people have injuries that require a dramatic change to their lifestyle, the things they like to do for fun or what they do for a living. This can be very frightening to some people.

Car accidents, whether or not they are the fault of the person who was injured, usually require some legal advice at some point. When the injured need legal counsel, they should find an experienced professional to help them get through a lawsuit. They should check references and make sure the attorney has a solid reputation before they hire.

The effects of a personal injury can damage the entire essence of a person’s life. Their injuries could change everything about them, even their personality. This is one of the reasons it is so important that they seek mental treatment, along with their medical treatment.

Jan 30 2012

Need Help Funding a Medical Negligence Claim?

Have you suffered an injury as a result of medical negligence? If so, it’s possible you’ll be able to make a claim for compensation. The only problem is, how are you going to pay for it? Solicitors’ and barristers’ fees, paying for expert witnesses, it all adds up! Luckily, there are a range of funding options available for medical negligence claims. We’ve highlighted the five main methods below.

Legal Aid

Despite the widely publicised cuts to legal aid funding, it is still available in some situations. To find out if you are eligible to claim legal aid, contact a solicitor. They will need some information from you, such as your income and expenses and those of your partner (if relevant), details of your savings and information about benefits you claim. A good solicitor should be happy to provide some initial advice free of charge.

Legal Expenses Insurance

Legal expenses insurance (LEI) is not designed to make direct payments towards your claim; instead, it covers you for costs like hiring an expert witness to testify to the severity of your injuries. It can also cover you for costs like solicitors’ and barristers’ fees. If you think this might be the best funding option for you, ask your solicitor for more information on how it works.

Number 3: Trade Union Funding

A Conditional Fee Agreement, also known as ‘no win, no fee’, is a situation in which you are not required to pay anything towards the cost of your medical negligence claim. Instead, if your case is successful your solicitor will claim all fees from the opposing side. Law firms tend to take cases on a conditional fee basis when the chance of winning is very strong; to find out if your case qualifies, contact a firm that offers ‘no win, no fee’ for a free consultation.

Trade Union Funding

Occasionally there are special terms available that will allow you to claim funding for a medical negligence claim from your trade union. Even if you are no longer a member of the union, if you were at the time when the negligence occurred you may still be able to fund your claim using this method. Your solicitor will be happy to make enquiries on your behalf, or you can contact your union directly.

Private Funding

If all else fails you may have to privately fund your medical negligence claim. If so, your solicitor will discuss rates in full with you before you decide whether or not to proceed, so you have a good idea of how much your claim will cost.

Once you’ve decided how to fund your medical negligence claim, you will need a solicitor capable of guiding you through the compensation claims process.

Nov 30 2011

Clinical Negligence Solicitors on the Biggest Claims in History

As clinical negligence solicitors, we hear some pretty horrific stories about negligent doctors, nurses and paramedics. However we would also like to stress, before launching into this list of some of the biggest claims in history, that the vast majority of medical professionals do a great job.

Whilst the vast majority of healthcare professionals do a fantastic job in a highly pressurised environment, from time to time mistakes are made, and their effects on patients can be catastrophic. Here’s our list of some of the biggest claims ever made by clinical negligence solicitors:

1) Kerstin Parkin, Compensation Awarded: 19 Million

The clinical negligence solicitors at Manchester’s JMW Solicitors successfully claimed 5.5 million for Baby Wesley and his family, after he developed irreversible Kernicterus following a complicated birth.

Mrs Parkin and her husband had planned to set themselves up as choreographers, allowing them to spend more time with their children, and therefore compensation was awarded to compensate the couple not only for Mrs Parkin’s brain damage, but also for their projected loss of earnings.

2) The Jeffers Family, Claim: $10 Million

Child H received substandard care at Princess of Wales hospital, Bridgend, and suffered severe brain damage as a result.

Child H was born in the breech position; the negligence of medical staff meant that he brain was starved of oxygen during birth, leading to brain damage. She is now unable to carry out simple tasks like walking unaided, talking and feeding herself.

3) The Jeffers Family, $10 Million

One of the biggest clinical negligence payouts in Californian history was awarded to the Jeffers family after their daughter had to have her feet, left hand and part of her right hand amputated.

Methodist Hospital in Sacramento made the family wait five hours before they were seen by a doctor, and during that time their daughter’s skin discolouration and fever got steadily worse. Eventually they were seen by a doctor, who identified her condition as an invasion of Streptococcus A bacteria. The huge payout will be placed in a trust for the Jeffers’ daughter, who was only a toddler at the time, and will provide her with a monthly income once she reaches the age of 18.

4) Baby Wesley, 5.5 Million

As the second of two twins delivered prematurely, Baby Wesley had an extremely low birth weight and, after being deprived of oxygen, developed irreversible Kernicterus and suffered a severe brain injury.

The clinical negligence solicitors at Manchester’s JMW Solicitors argued that his care had been negligent, alleging that the hospital failed to monitor Wesley’s bilirubin levels and also failed to take sufficient account of Wesley’s particular vulnerability to developing Kernicterus. Shortly before the case reached trial the hospital admitted its staff had behaved negligently. The case was settled and Wesley received a total of 5.5 million compensation.

Contact a Clinical Negligence Solicitor

If you or a member of your family has suffered as a result of clinical negligence, you may be able to claim financial compensation for your injuries. Call the expert clinical negligence solicitors at JMW to discuss a potential claim on 0845 872 6666 or visit the firm’s website at http://www.jmw.co.uk/

Oct 26 2011

Recent Publicity Of Road Accidents Have Lead To Rise In Personal Injury Claims

Road accidents involving city buses have seen a rise in publicity over the last couple of months as it’s been revealed a large number of passengers are deciding to pursue legal action by making personal injury claims.

Earlier this year was reports of a tragic incident in which a Double Decker bus overturned outside the Central Station in Belfast. Out of the 35 injured in the accident, the driver was badly injured and had to be rescued by emergency services, and 30 other passengers had to be treated at the scene. Last month it was also confirmed that 26 of those who suffered injuries are now seeking compensation by submitting personal injury claims.

A month later another story made headlines after an innocent bus passenger has decided to take legal action seeking personal injury compensation after being left paralysed by a lorry collision with the bus he was travelling on. David Horsefield, 38, was thrown to the ground when trying to leave the bus as a lorry collided with the vehicle in Sheffield, back in 2009. Reports claim he is seeking compensation worth to be around a six figure sum, however, as with nearly all road accident claims; it appears both parties are currently disagreeing on an overall amount.

There are some key factors which can affect the amount of compensation you receive from making a personal injury claim. These include your age, the seriousness of your injury, how long it take for you to recover and whether the accident has left you disabled as a result.

The amount of compensation which you receive from making a personal injury claim is usually considered by assessing several key factors. These include the seriousness of the injury, how long it takes to recover, the age of the victim and whether the injuries leaves the victim disabled as a result.

The assessment of compensation also considers two categories when each personal injury claim is put forward. The first is general damages which includes the amount of pain and suffering the incident has caused preventing you from continuing everyday tasks as well as sports and hobbies which you can no longer partake in a result. Secondly is special damages which includes the amount of losses that actually occur during the time of an injury which includes loss of earnings from work, potential medical expenses, travel expenditure and help around the home.

Oct 25 2011

Sun, Sea and Holiday Accident Claims

Holidays are a time for relaxation and enjoyment, whether it is a long vacation or a short break away a holiday should be always be pleasant experience. However, when an accident occurs on a holiday it turns into a stressful and expensive vacation. In many cases where holiday accidents happen, the injured can establish a holiday accident claim to help with the cost of medical and other expenses incurred. Holiday accident claims can be started for a number of different circumstances that happen abroad including car accidents, accidents in the hotel, or even aircraft accidents.

In majority of cases, the injured part can receive compensation for their accident to help cover the cost of medical bills and other expenses that have occurred as a result of the accident. There may be numerous reasons as to why people make a holiday accident compensation claim. The most common incidents may include: car accidents, accidents in the hotel, or even aircraft accidents.

The key element to filing a holiday accident compensation claim is proving that the accident was not the fault of the injured party. This may include an individual responsible for a car accident, or a hotel or public place responsible for poor upkeep of their property. Holiday accident claims can be quite difficult to handle because they often take place aboard. It is very important to urgently contact a holiday accident claim solicitor to insure that the claim is correctly handled and filed for compensation.

All accident claims require documentation that supports how the accident came about and what the results of the accident were. The documentation should include photographs of the scene, medical reports or eye witness testimony. It is also important that the event is immediately reported to the proper authorities, whether that is the hotel staff or the local law enforcement.

Holiday accident compensation claims can be more successful when the holiday was purchased as part of a package, for instance a flight and hotel combination. Even though the claim may have happened out of state or out of the country, it will be handled in the jurisdiction where the claimant lives.

May 13 2011

Road Traffic Accident Prevention Tips

Road traffic accident prevention can start by everyone slowing down. Obeying the speed limits can keep motorists at a lower risk of having an accident. When driving in bad weather, it is good to be observant to the road conditions. The snow and rain may cause slippery spots on the roads.

To prevent hitting a child, animal, or another car, look both ways before preceding. As long as you are not driving an emergency vehicle, traffic lights and signs should always be obeyed. When at a stop sign, it doesn’t hurt to take that extra glance around.

There is no need to put others and yourself at risk, to read a text message. Nor, should you cause more danger by sending a text message. If there is something so important that you have to send someone a text, then find a safe place to pull over.

Using your seat belt is a great habit to have. Keep your passengers safe also, by having them wear their seat belts as well. Part of being a good driver is making sure that children and others in your car are taking good safety measures.

Being alert and paying attention to what is around you, will make it easier to see some of the hazards. When changing lanes, be sure to look and signal first, there may be a car or motorcycle in your path. Checking your mirrors isn’t enough, because there are blind spots, and someone may be coming up beside you.

Making sure that your vehicle is operating properly, can prevent a dangerous situation. Be sure your brakes are in good condition, or when you try to stop, you won’t be able to. Which in turn can cause you to hit another vehicle or a person walking. Also check all of you lights so that you can see and be seen.

At night and in bad weather make sure you turn the headlight switch on all of the way. Even though most of the newer vehicles have headlights that come on automatically, the rest of the lights don’t. By not turning on the light switch makes it very difficult to see and you and others.

Since we need to share the roadways with others, following the traffic laws will make driving a safer experience. After all, it should be a pleasure to drive, not a hassle. By practicing these easy road traffic accident prevention tips can make your trip more enjoyable.

May 02 2011

Suing a Friend

A number of accidents every year are caused by a friend’s negligence and lack of care that could be avoided. Many of these accidents will result in serious injuries and can go unnoticed when the victim doesn’t want to lose a friend and decides to suffer in silence. However it is extremely unfair for these victims that are liable to high medical expenses and loss of earnings if they are unable to work when they have been involved in an accident that wasn’t their fault.

Most of the accidents that happen through a friend’s lack of care are road traffic accidents. Car accidents can result in very serious injuries and if the victim wasn’t driving it is more than likely the fault of their friend who was driving. When a serious injury occurs the victim may be unable to work, when this happens and they have high medical fees to cover they can quickly fall into financial difficulty.

The compensation generally won’t be made against the friend personally; their insurance should cover the expenses and damages that the injury has caused. While their insurance premium will increase it is important to understand that when suffering an injury, the victim shouldn’t suffer if financial problems if it wasn’t their fault.

When driving passengers a driver has a duty of care to drive safely. If a driver does not take care when on the road they may be negligent and liable for damages and expenses incurred by the passengers. This liability is why compensation should be claimed as a victim of accident shouldn’t suffer the consequences for another person’s actions.

When an accident does occur and the victim is injured it is essential that they seek legal advice immediately. While many people fear they may lose a friend it is important to remember that a friend shouldn’t expect you to be faced with high medical fees and loss of earnings if they were at fault when the accident happened.