Posts Tagged ‘compensation’

The New Claims Process For RTA

July 22nd, 2010

Since April 2010 the process for making a road traffic accident claim has changed in order to streamline the process for lower value claims. The new process will come into play when the estimated compensation will be between 1000 and 10,000 and will differ primarily in the initial stages.

Under the old ruling, a potential claimant had to send a letter of claim to their insurer, who then had a 21 day period in which to acknowledge the intent to claim. Following this, they then had a 3 month period where they could perform their own investigations to allow them to decide their liability, which was often a frustrating wait for claimants.

However, since the new ruling, rather than sending a letter, potential claimants will use a secire online portal to submit an online Claims Notification Form, thus notifying the insurer of their attempt to claim. Once the insurer has been notified they then have just 15 days to respond with their liability decision, which they will also submit online.

The new Claims Notification Form contains more detail which must be filled out, than necessary in a letter of claim and so it will most likely take the claimant longer to lodge the claim whilst they gather the information. However once they do notify the insurer of the claim via the portal they will receive the decision on liability in a much more timely fashion.

The other big difference is the fact that it is the claimant who makes the initial offer of settlement, based on their medical evidence and financial losses, rather than the insurer making an opening offer, and whilst this may seem unfavourable to some claimants it will almost certainly speed up the process.

The final change to the process is related to claims which would usually go to court. If the insurer has admitted liability but they and the claimant are unable to come to an amicable decision regarding the settlement figure, then rather than going to Court, they will support all relevant documentation to the court, who will then make a decision based on this information

With the process being new, it is difficult to pass judgement on it’s success. However it certainly seems a more streamlined process for straightforward RTA cases, where the claimants will receive compensation in a much more timely fashion.

If you have had an RTA and think you have a whiplash, head or neck injury claim, then a personal injury solicitor can see if you are elgible to make a compensation injury claim

Horror Fourth Of July Celebrations Leave 23 Injured And Kill 1.

July 10th, 2010

Horror Fourth of July Celebrations leave 23 injured and kill 1.

A parade celebrating the fourth of July in America has left 23 people injured and killed one person after two horses pulling a buggy collided into each other causing one horse’s brindle to come loose and then the second horse got free. The horse’s galloped down the street causing mayhem trampling on people and creating pandemonium.

One lady died due to the injuries she sustained due to the actions of the horse, several others had serious injuries such as broken and fractured bones and collapsed lungs.

Personal injury lawyers working on the case have suggested that the incident could have been avoided if proper safety precautions were adhered to.

Lots of personal injury cases happen due to negligence occurring. Negligence often means failing to take the correct measures to protect people under your care, in personal injury cases people can often claim for things such as pain and injuries sustained and loss of earnings also.

When you appoint a personal injury solicitor they will act on your behalf meaning you will not need to do anything other than providing dates and times, medical notes and any witness statements. When your solicitor receives this information from you they will then be able to act on your behalf.

Often, compensation is granted in the form of money, the amount varies from case to case as no two cases are going to be exactly identical.

In major incidents such as the fourth of July celebrations tragedy there is usually a full investigation as to why the incident was able to occur and who is responsible for the events happening. The amount of time each case takes to be resolved can vary greatly.

Cheshire solicitorsOneill Morgan have expertise in a wide range of legal areas, so if you need advice then visit Oneill Morgan to find out more about personal injury solicitor stockport and other areas of law.

The Role Of Psychological Rehab Following An RTA

June 13th, 2010

This article looks at the research of Dr Manda Holmshaw PhD, consultant clinical psychologist and clinical director of Moving Minds, and Wilson Carswell OBE FRCS, medical director which looks the need for psychological rehabilitation for victims of Road Traffic Accidents.

The rehabilitation of those injured in a road traffic accident has been acknowledged as being important in assisting the victim to recover faster from their injuries and resume their routine work and social activities. However, the fact that psychological rehabilitation is as important as physiological, especially with regard to cases where trauma causes prolonged illness or problems has not always been acknowledged.

In the moment when an individual is involved in a Road Traffic Accident (RTA), they normally experience severe panic, believing that they are going to suffer serious injuries or even succumb to them and die. The defence mechanisms in the brain operate for the removal of these memories from the front of the mind, thereby enabling the victim to deal with such trauma shortly after they are formed. However, this process is interrupted in some cases of trauma and the person may begin to suffer long term psychological problems as a result of the accident. These conditions include Post Traumatic Stress Disorder (PSTD) and Travel Anxiety which may hinder the resumption of an active and happy life for the victim.

An experiment in Oxford was conducted by Professor Mayou with 1000 RTA victims as they arrived into Accident and Emergency. The patients underwent various standard psychological tests to detect if they were experiencing any psychological problems after the accident. The tests were followed up in the next three years. The majority of the test subjects were deemed not badly injured enough to require admittance into a hospital, although one in three was showed to be suffering from a psychological disorder. Over the test period, this number gradually reduced to one in four victims showing effects of psychological disorder three years following the accident.

This poses a major problem when you take into account the fact that the majority of the group involved in the study had not yet been admitted to hospital, yet 25% of them showed signs of suffering conditions such as depression and PTSD years after the RTA occurred.

Evaluation and Diagnosis

Over the years, psychologists have studied various kinds of psychological illnesses. Tests have thereafter been developed to research the symptoms in order to determine which problem the patient may be suffering from. Various widely validated tools have been used by psychologists to support their diagnosis including the Clinical Administered PTSD Scale (CAPS), the Impact of Event Scale (IES) and the Hospital Anxiety and Depression Scale (HADS). Others include the General Health Questionnaire (GHQ) and the Beck Depression Inventory (BDI) and the Beck Anxiety Inventory (BAI).

Psychological Assessment

Psychological assessment is vital in the management of RTA victims who have experienced this type of trauma and possibly suffered injuries. This psychological assessment should be conducted in the patient’s home by the Clinical Psychologist or Psychiatrist or in their consulting premises.

A psychological assessment usually costs between 300 and 500 and lasts for around an hour and a half. During this time a test will determine the health of the person prior to their accident and the details of the accident will be noted. The Psychologist will then use the tools mentioned to diagnose any conditions present and then prescribe the correct course of treatment. Many Psychologists reports use the Rehabilitation First Code of Practice which means the form of reporting is independent and can be used in a claim for compensation if necessary.

Treatment

Medication is sometimes used and is especially helpful to those with depression; however RTA victims who often have PTSD or Travel Anxiety will find no benefit from medication as drugs do not assist the brain to integrate their difficult experience.

Where RTA victims need the brain to integrate the bad experience, medication has not proved useful to this end although it is shown to be very beneficial when treating depression.

Counselling also has proved unbeneficial to PTSD sufferers whose problems stem from one event like an RTA.

It is thought that both CBT and EMDR have similar success rates although more sessions of CBT are needed to produce the same recovery. Exposure therapy, although successful is currently used less frequently as treatment for PTSD but was used often in the Eighties.

How to get Help

If you have been in a road traffic accident and are concerned that you may be suffering psychological problems due to the accident, you should consult your GP who will be able to make the suitable referrals for you to receive any treatment you may need.

You could also be entitled to make a personal injury claim for compensation. You should look for an experienced legal practice to handle your case such as Duncan Gibbins Solicitors based in Manchester who specialise in RTA cases and offer a no win, no fee service.

Want to find out more about how you may be able to claim compensation if you’ve been involved in a RTA, then visit Duncan Gibbins Solicitors who specialize in personal injury cases.

Record UK Settlement Of 11.5 Million In Personal Injury Case

May 22nd, 2010

A paralyzed man who was involved in a car crash has been awarded a record 11.15 million in a compensation payout. This award went to Wasim Mohammed, and is thought to be the highest ever personal injury compensation claim settlement in the UK.

Twenty two-year old Wasim Mohammed, who comes from Walsall, near Birmingham, suffered terrible injuries as a result of a 2006 road traffic accident – RTA. He was a passenger in a car which was involved in a collision when its driver attempted overtaking at a junction, but ended up hitting another vehicle that was turning right. Mr. Mohammed suffered a broken neck as well as damage to his spinal cord. He also has little function in his arms and no movement in his legs. The driver was travelling in excess of the speed limit when the accident occurred.

With the aid of his personal injury lawyers, Mr. Mohammed was able to obtain his compensation settlement – the highest ever in the UK, totaling 11.15 million, while the driver was convicted of careless driving. Mr. Mohamed received assistance in his case from Daniel Herman, a specialist in catastrophic injury, based in Leeds. This personal injury claim was due to be heard last week by the Birmingham County Court, but an out of court settlement was agreed in advance, as often happens in large compensatory cases.

The unusually large payout won’t happen in one lump sum. A first payment of 4.25 million will be made immediately followed 235,000 each year. These annual payments are put in place to pay for the high level of care that Mr. Mohammed will need every day for the rest of his life. The extent of his injuries dictate that two carers will be needed at all times to help him have as normal life as possible.

It was due to the very extreme way the accident had impacted on the quality of Mr. Mohammed’s life that the payout was so large. Some main factors taken into account were the cost he would incur for a lifetime of care and the loss of his annual income and many more costs besides. There was also a consideration for the building of a new home for Mr. Mohammed to be situated across from his own parents and his family home. As part of a Pakistani family, it is traditional for the eldest son to remain with the family living in their home so that he may look after his parents as they grow old. In this case a home near to them was decided to be the closest thing that could be achieved to compensate him for this loss.

For the very best service and experienced Personal Injury #1, solicitors then visit www.duncangibbins.co.uk for a specialist no win no fee service to get the compensation #2 you deserve.

Divorce Lawyers: Making The Right Choice

May 18th, 2010

Divorce lawyers can be found by using various resources. Many specialize in certain areas of family law. Before choosing an attorney to represent you in your divorce case it is important to get to know them first. It will be in your best interest to interview more than one before deciding on hiring an attorney.

Attorneys have consultation visits for potential clients. Some are free while most others charge a fee. This is your opportunity to figure out if this individual is the right fit for your needs. As many do charge a fee, it is important to know the fees in advance and budget how many you plan to visit prior to making your decision. It can become costly if you plan to interview many attorneys.

During the interview ask the attorney about their background both educationally and professionally. You should be familiar with their expertise in the field. They should have a certain level of experience to be able to handle your divorce. Remember, this is someone you are looking to hire. They are there to work for you so you should be comfortable with their credentials.

Always be prepared for you consultation sessions. Some firms will let you know in advance what materials and information they would like you to bring to the meeting. You should also know what you are looking for when it comes to your particular divorce. Although you may not be a legal expert, you should know what kind of general action you want to take in your divorce. During your consultation, your attorney can help navigate you through the best options.

It is advisable to bring a prepared written account of why you are seeking a divorce. Lawyers will find this helpful when determining their fees and course of action. It will also help to avoid any emotional break downs. Having the information down on paper makes it clear for both parties.

You may be asked to bring certain paperwork. This will also help guide the attorney to the type of divorce that needs to be filed with the courts. They will let you know in advance which documents to bring to the meeting. You may also want to be proactive and bring your own supporting documents if you think that will help bring clarity to your particular case.

Make sure you are in control the interview. You should be focused and have the ability to direct the conversation so that your needs are being met. You should also offer information about yourself to help the attorney better serve your needs. You can also choose this time to offer information about your marital partner.

The lawyers you decided to interview will appreciate you being prepared with questions and supporting documents. This makes the process easier for both parties involved. If you find a match that you believe will provide the best service for your case then you can move forward and retain that particular attorney.

If you are ever in need of legal assistance, contact the appropriate lawyer or law office; there are many different types of lawyers to choose from such as, real-estate, civil, taxation and more.

New York Woman Sues Starbucks Over Tea That Was ‘Too Hot’

May 13th, 2010

An American woman has filed a lawsuit against coffee giants Starbucks over claims she suffered second degree burns after being served tea that was too hot. The woman was served the tea which was “unreasonably hot, in containers which were not safe” in a Manhattan branch of the chain.

New Yorker Zeynap Inanli intends to sue the corporation for unspecified damages after it is claimed she experienced “great physical and mental anguish” which included the burns. Her lawyer stated that she was unable to read the warning signs as she cannot read English.

Starbucks is used to this kind of accusation and refused to comment although legal experts have noticed that the cups in question have two warning signs on the sides and a third on the lid along with design measures to guarantee any hot liquid cannot spill out accidentally, more than enough to cover them for liability.

In 1994 a jury ruled that McDonald’s pay almost $3m to an Albuquerque woman who claimed she had burnt herself while drinking coffee in the restaurant. The parties settled out of court but it opened the floodgates for similar scam artists looking to claim compensation against large corporations for hot drinks accidents.

The case is the third major legal fiasco facing Starbucks in the last year and could do further harm to their reputation. Singer-songwriter Carly Simon, who signed to Starbucks own record label, failed to sell many records and she attempted to sue Starbucks for ‘loss of earnings’ claiming her album was not even promoted, the case was thrown out of court.

At the beginning of this year, Starbucks was at the centre of a vicious battle to ban gun carriers in Denver to openly carry firearms inside businesses. Colorado law states that civilians can openly carry firearms with a licence but many city centre business forbid the carrying of weapons indoors. Starbucks decided to allow their customers to observe the 2nd amendment but risked losing the faith of at least on side of the argument, they claimed they were trying to cater for customers while observing local law but it has dragged them into the centre of a dispute between gun control activists and gun advocates.

Starbucks have consulted health and safety experts in order to prevent liability over their printed paper cups and paper cup lids and their warnings are written in several languages and shown in a visual form, legal experts suspect the case will be thrown out of court.

How To Find The Best Injury Attorney

April 24th, 2010

A personal injury attorney is a necessary part of recovering from any accident. Many victims of serious accidents are resistant when it comes to hiring a personal injury lawyer. This is because they don’t see how money will bring back a loved or heal a permanent wound after an accident.

Personal injury is often a devastating circumstance. Even if the devastation is temporary there are definite life changing events that follow are difficult for everyone involved. Injury and death change lives. There is a loss of income which causes additional stress.

The contingent fee can seam high. You can try to negotiate this. Many times he will not accept a lower fee because he knows that he can recover a lot of money for you. There for keep in mind that even after you pay him the fee at the end you will still be earning a lot of money.

The most common type of personal injury is car accidents. Car accidents are almost always the result of just one person’s actions. It takes money to pay for medical or funeral bills, and the money recovered in personal injury cases is often exactly what’s needed to prevent further complications from the accident.

Car accident attorneys are capable men and women who can study the car accident that caused the injury or death and find ways for the individual involved to make restitution. Restitution isn’t about punishment.

One of the best persons who can refer you to an attorney is your personal doctor. Most probably he knows a few persons.

Hiring a personal injury lawyer isn’t about revenge. Your life and the life of your loved ones can never be exactly as it was before the accident. No amount of money can replace a loved one or compensate for the loss of one’s legs.

Having the funds to take the time you need to get back on your feet or to heal from an injury can mean the difference between full recovery and partial recovery. Returning to work too early can exacerbate an injury and prevent proper healing. Not returning to work can mean bills that are overdue, and possibly foreclosure.

We live in a world that is not so understanding about sudden accidents. Creditors do not wait for payment and medical care is often based on one’s ability to pay. When an accident that is not your fault lands you on the sidelines of life, you have limited options. In most cases, those options are tight.

When you are not pleased with the lawyer’s services you can choose to fire him. In this situation you will still owe him a percentage from your injury compensation for the time he represented you. If you find a new lawyer he will explain everything you have to do in order to compensate your old lawyer in a fair way.

Good lawyers are the types that will do whatever it takes to get evidence in favor of your case. They are also the people that should teach you how to answer any questions that you are asked.

If you can, offer to pay the balance of what you owe quickly. slip and fall attorneys The surviving spouse, always inherits the personal chattels, i.e. Going to work might even become more enjoyable and less combative, adversarial and stressful.

Are Rides Dangerous?

April 21st, 2010

Going to a theme park for the day is something everyone does, with some even choosing to base their holidays around it, going to theme park hotels and resorts. Its always great fun: frightening in a safe way, but what happens when things go wrong?

Despite the rigorous health and safety checks that these rides must go through, there are still regular reports of accidents at theme parks.

This year, in Byron Bay, New South Wales, Australia, three teenagers at a carnival suffered serious injuries whilst on a ride. They were enjoying a go on the Ferris wheel when the carriage they were riding in became detached from the rest of the wheel and plunged to the ground.

Despite enduring a 20ft fall, surprisingly, the teenagers only suffered back injuries, abrasions and cuts and after being treated in hospital were allowed home within a matter of hours. Since the incident the ride has been closed, and with an investigation now under way it is likely the owners will face charges.

It’s not just large rides that accidents occur on either. In December last year, at a Cambridge go karting area, an 18 year old girl was strangled to death whilst driving one of the go karts. Her scarf got caught in the engine, which pulled it around her neck, meaning she was strangled. She died the next day due to the injuries suffered.

A spokesperson at the raceway said the accident had taken place outside of hours and was due to a staff member allowing his friends to use the go karts without the usual safety checks, and that under normal circumstances it would not have occurred.

It’s not just the visitors that have been hurt either, and there have been several reports over the years of ‘cast members’ at Disney being hurt. One such incident occurred recently, when a cast member on the Tommorowland Ride at the Magic Kingdom was struck by a guest. The employees injuries have not yet been disclosed, but they were taken to hospital.

Accidents happen quite rarely, but you can safeguard yourself to some degree by following all ride rules, attending reputable parks and alert staff to anything you think may be a safety issue.

If you have a head injury claim then seek the advice of an expert no-win no-fee solicitor to help you with your claim.

Man Wins Over A Million In Fake Compensation Claims

April 18th, 2010

No Win No Fee agreements, have made claiming compensation much more accessible to those who are entitled to it, but do not have the spare money for extensive court cases. However over the past few years there has been a rising number of motorists taking advantage of this and faking accidents in order to gain compensation they are not entitled to for injuries they do not have.

One such scam has been pulled across the North West of England and involves staged road traffic accidents, and the culprit-Mohammed Patel- defrauded over 1.6 million pounds worth of compensation over a three year period.

Patel would target roundabouts in his vehicle and then brake suddenly, meaning that there was a good chance that whoever was behind him would not be able to stop in time and would hit the back of Mr Patel’s vehicle. After the impact he, and the passengers he took, would then struggle out of the car complaining of dizziness and clutching at their necks.

One driver they pulled the scam on described how the men in Patel’s car comically held their necks whilst getting out and said that he was surprised at how calm the men seemed considering they’d just been involved in a crash, as though they were used to it.

It was a group of office workers, who eventually revealed the scam, after they had seen Patel crash multiple times on the same roundabout outside their office. They reported what they had seen and an enquiry was launched, which was when the true extent of the scams was revealed.

During the course of the investigation it was estimated that around 24 other men were also involved, as they claimed to have been involved in the accidents, but it was Patel who was sentenced to prison time.

It is not just the insurance companies who were hurt in this scam, as an increase in claims has an effect on everyone’s premiums and more importantly deliberately causing an accident endangers innocent motorists and pedestrians.

Oliver & Co are specialist no-win no-fee solicitors and can help if you have a genuine neck injury claim they can help you make a claim for the compensation you deserve.

Medical Negligence: The Facts

April 17th, 2010

In the UK the medical care we receive is on the whole, of a very good standard and our healthcare system means quality healthcare is accessible to all. Despite this, there are occasions where mistakes are made by those in the medical profession and this is referred to as medical negligence.

Despite almost all these errors being genuine mistakes, there is still the fact that someone, a nurse, a doctor, a specialist, has failed to do their duty properly, which can in some cases lead to very serious consequences. Despite the responsibility they have, those in the medical profession are only human and so mistakes can be caused if they have issues in their personal life or are feeling under the weather.

However that does little to console those who have been on the receiving end of medical negligence, and knowing that someone you’ve entrusted your health to has made a mistake can be unsettling at best, and they can be both physical and mental implications.

There are a great deal of scenarios where medical negligence occurs and it can be a complex area of law. However some general examples of medical negligence are misdiagnosis of a condition, failure to diagnose a condition, failure to provide appropriate treatment or an unreasonable delay in providing treatment.

If you feel that you have suffered from medical negligence then it can be very distressing and many patients feel they have no one to talk to. This is not the case, and in the first instance it is often best to approach whoever treated you.

If no resolution comes after this, then there are bodies and organisations who can help make a complaint and support you emotionally and physically, such as the Patient Advice & Liaison Service (PALS).

In cases where the negligence has had a large impact, another option would be to go down the litigation route, as you would be able to recover compensation for loss of earnings, extra medical care and any other financial burdens that occurred as a consequence of the medical negligence.

Our no-win no-fee solicitors can give impartial advice on all aspects of medical negligence and help you if you have a medical negligence claim