Making A Successful Car Accident Claim
Posted on August 19, 2008
If you find yourself in a car accident, here’s what to do to protect yourself and make sure that everything gets taken care of.
Be Prepared. Always carry a mobile phone with you when you’re driving, as well as a pen and paper to take notes with, a disposable camera to take pictures of the vehicle with, and a card that contains any information that a doctor would need if he or she were to treat you.
Know Your Insurance Policy. If you get in an accident, the insurance process will be much easier if you know exactly what’s covered in your policy and what’s not. You don’t want to wait until after the accident to find out that your policy doesn’t cover the cost of towing or the cost of a rental car.
Stay Safe. If you get in an accident, move the cars to the side of the road out of the way of any oncoming traffic, as long as there are no serious injuries. Turn on your hazard lights to alert other drives, and if you have warning triangles or cones, make use of them!
Report the Accident. Even if it’s a minor car accident, you should still call the police and have them come and file an accident report.
Trade Information. Get the other person’s name, address, phone number, insurance information, license plate number, and driver’s license number. Also take down a description of each car, including its year, make, model and color, in addition to the location of the collision, how it happened, and the extent of the damage. Be polite, but don’t admit fault to the other person or the police officer, even if you think the accident may have been your fault.
Document the Evidence. Write down a description of the damage to each of the vehicles, and take photos of the damage that occurred. This will be very useful for your claims adjuster and if there’s any sort of dispute.
Contact Your Insurance Company. Within one business day of the accident, you should have called your insurance company and informed them about the accident. They’ll undoubtedly have questions and will provide you details of the process required to take care of your claim.
Getting in a car accident can be an emotionally frightening experience, but keep a cool head, and follow these steps to take care of things. It might even be a good idea to print a copy of this article and throw it in your glove compartment.
Christian is an author of several articles pertaining to No Win No Fee, Compensation Claims, Accident Claims, Personal Injury Claims and other legal articles.
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Making A Work Related Accident Claim
Posted on August 19, 2008
Each year in the UK many thousands of workers are injured during the course of their duties. It is important that positive steps are taken by all injured parties to protect their legal rights should a compensation claim become necessary.
The latest figures released by the Health and Safety Commission for 2004/2005 indicate that there were 150,559 non fatal injuries sustained by employees. This equates to 587 injuries per 100,000 employees. The number of actual compensation claims made for injury bears no resemblance to these statistics because most employees dare not or simply will not claim against an employer.
Only 2 out of every f5 people will usually make a claim. The number of claimants runs into tens of thousands every year. Here are some basic points on health & safety at work and how an individual / employee should react to an injury sustained at work.
What should the employer do to ensure that accidents are reduced?
The general rule is that an employer must take “reasonable care” to ensure adequate health and safety measures are in place and that the risk of an injury being sustained by any worker is reduced as much as possible.
This is usually done by by providing a safe system of work where any potential risks are assessed and if possible reduced as much as is reasonably possible. This could be by something as simple as altering the layout of the premises or providing training and instruction on how best to carry out tasks in the safest manner.
Or by providing adequate plant, this may range from the provision of heavy machinery down to even the most basic of office equipment such as tables and chairs
Finally the employer must ensure that fellow employees are competent to reduce the risk of human error causing accidents at work whether through ignorance, negligence or malice. So even if a fellow employee causes you to sustain an injury then as long as they are acting in the course of their work it is possible that your employer may be liable for their actions.
Employers Liability Insurance
Once you are in a position to make an informed decision you may decide to make a claim against your employer. Any claims should be covered by the employers insurance.
Most employers are required by law to have Employers Liability Insurance, failure to have this can mean that sanctions are imposed against the employer. Taking such a policy out ensures that funds are available to meet the costs of compensation and legal fees where an employee is injured or becomes ill as a result of the fault of the employer. This also means that an employee can seek compensation even if that business goes into liquidation or receivership.
The claims themselves are dealt with via the employer’s insurance company and not the actual employer themselves. The employer only becomes involved in a claim where they have to provide details to the insurers when they are investigating the claim to prove where fault lies for the accident.
A copy of the Certificate of Insurance itself should be displayed where any employee could easily read it.
What should the employer do when an employee has an accident at work?
In any case regardless of the severity of the injury caused to an employee a report of this should be made in the company accident book. The employer is obliged to keep an accident book on the premises. This should give details such as the accident circumstances, dates, identity of the injured party and details of what caused the accident if at all possible. It is very important that any accident is reported just in case the injury gets worse and this also serves as proof that the accident actually occurred in the manner described.
RIDDOR
Your employer has an obligation to comply with the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 1995 otherwise known as RIDDOR. These require that any deaths, major injuries, injuries that result in an absence of more than three days, injuries to members of the public and dangerous occurrences or near misses be reported.
The Health & Safety Executive will usually intervene in a case referred to RIDDOR. More information on RIDDOR may be found on the HSE website.
What you should do if you have an accident at work
Most people tend to be in a state of shock when an accident occurs. Irrespective of whether this is through the pain caused, or just disbelief that the accident happened. Most people have the mentality that it will “Never happen to them”. Also as you reach adulthood people tend to think that only the young and elderly have accidents. Therefore, it is often it is a bigger shock to the system when an adult has an accident.
There are some very simple steps to follow which people often forget in the aftermath of an accident at work, and so when they decide to make a claim they find it very difficult to prove that the accident occurred in the manner described.
Report the accident in the accident book as soon as possible;
When the accident report is made ensure that it is factually correct before you sign it. Do not let the employer or senior management pressurise you into signing a document that is untrue;
If there were any witnesses to the incident then take their details. If there were no witnesses to the actual event it may be possible to get witnesses to system of work which may have caused the injury. This could also be of assistance to you should you wish to make a claim and the system of work employed was an unsafe one;
Go and see your own doctor or attend the hospital if the injury warrants it. This is so that there is a record in your medical history that you were injured and what the diagnosis was and whether you had to have treatment and medication;
Get some legal advice from a reputable law firm;
Christian is an author of several articles pertaining to No Win No Fee, Compensation Claims, Accident Claims, Personal Injury Claims and other legal articles.
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Most Common Accident Claims
Posted on August 19, 2008
Accidents happen every day and result in thousands of people suffering personal injury every year. An accident injury can occur on the roads and footpaths, at work, in public places, at home, at school, during medical treatment and in many other situations but whatever the location, if the accident was caused wholly or partly by someone else, a right to compensation is likely to exist.
In many cases the accident and consequent injury is through no fault of the injured person but is caused by someone else. Some common types of accident claims which may occur are:
1. Road traffic accidents - injuries to vehicle occupants, pedestrians, cyclists
2. Accidents at work including industrial diseases
3. Accidents in public places
4. Injuries caused by defective goods or products
5. Medical or dental negligence
“Special Damages” is the term used to describe the compensation which can be recovered from the negligent party in respect of expenses or financial losses suffered as a result of an accident and which can be reasonably easily quantified. Examples of the types of items which may be involved are :
1. Loss of past earnings and assessed future earnings
2. Medical Expenses - past and future
3. Cost of nursing or other professional care - past and future
4. Gratuitous assistance eg unpaid help from family and friends
5. Prescription charges
6. Travelling expenses for attending hospital, doctor etc for treatment resulting from the accident
7. Costs of gardening, decorating, housework etc if you have to pay for this to be done because you are no longer able to do it yourself
8. Loss of or damage to your property
Obviously not all of the above will apply in every case and there may be other items depending on the individual circumstances of each claim.
In order to claim successfully it will be necessary to prove that the person was negligent and that the negligence caused the accident resulting in the injury. Where a claim is being pursued for specific items of financial loss or expense, satisfactory evidence will be required to support the amount being claimed.
Certain areas of claim such as pain and suffering, loss of future earnings, loss of amenity will normally be assessed by the court.
With certain exceptions a claim for personal injury compensation must be brought within three years of the accident. The main statute governing time limits is the Limitation Act 1980. The issue is complex however and there are situations where a shorter period may apply. Despite the three year period therefore you should contact a solicitor as soon as possible if you wish to pursue a claim.
Accident claims are complex, sometimes exceedingly so, and to pursue a claim you will need the services of a solicitor with particular expertise in this area. Making the right choice of solicitor is a matter you should take careful consideration over to make sure your compensation claim is handled effectively whether it is settled in or out of court.
Doing your homework will not only save you time but potential stress as well.
Christian is an author of several articles pertaining to No Win No Fee, Compensation Claims, Accident Claims, Personal Injury Claims and other legal articles.
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How does medical malpractice
Posted on August 18, 2008
In today’s society there are many things that we are on the lookout for. Gas prices, the credit crisis, and medical malpractice. What these three things have in common is more than you might suspect. For starters, let’s begin with the credit crisis. Banks were giving out loans like candy and offering them at low starting rates that intended to increase after a couple of years. People thought great, I can get into this great big home and afford the monthly payments. What these people did not realize, or chose not to realize was that after a few years the monthly mortgage payment significantly increased as the rate increased, common sense right? So the people that were living in these great houses could no longer afford them. Homes started foreclosing left and right. In turn banks were left the deeds to all of these houses that people couldn’t afford. The thing is the banks didn’t have enough as well to back these homes. Once this happened investment banks and other investors started to worry. Since the bank that is financing them cannot afford their assets, the liquidity of their equity is very minimal.
Investors and firms alike started to get out of different types of bonds and investment funds that are backed by the banks so that they don’t get burned in the process as well. At the same time that this was all going on, investment firms knew what was going on and started to do some shady dealings to get their investors to keep their accounts running, so that the investment firms would keep commissions going. When Bear Sterns and other funds fell in early 2008, there was no turning back. All stockholders that held these types of stock saw a decrease of almost 20%. Pharmaceutical companies are an example of a company holding a lot of stock. Also, since the credit crisis emerged less people are investing which is hurting pharmaceutical companies.
This crunch on the pharmaceutical companies is forcing them to push out drugs that may have not been through the proper testing. It is also compelling them to convince doctors and other medical professionals to recommend their products to patients through the use of incentives. A pharmaceutical company may promise doctors residuals for the sale of a certain drug that is going to make a lot of money for the pharmaceutical company. This is where medical malpractice comes about. When doctors prescribe medications linked to incentives from the pharmaceutical companies, the prescription may do more harm then good to patients. Writing prescriptions to patients just to earn residuals from the pharmaceutical companies is an occurrence of medical malpractice that is very prevalent today. Medical malpractice can cause serious injuries and death if committed by the wrong doctor or medical professional. Whether the medical malpractice is an accident, or a committed act, neither action is acceptable.
Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as medical malpractice, automobile accidents. To know more about malpractice lawyer, medical malpractice NYC, malpractice attorney and medical malpractice Brooklyn visit www.nbrlawfirm.com
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Consult a malpractice attorney
Posted on August 18, 2008
When in law school a student is very much aware that at some point they are going to have to determine what type of law they are going to pursue. Seeing that there are so many different sectors, planning the rest of their life is something that must be on top of their priority list in their minds. When searching through the different areas of law, what makes someone pick medical malpractice? Maybe they have had a relative or friend experience serious complications or death due to the practice of a medical practitioner. Or maybe the thought of someone seeking help and treatment could end up dead because of the ill practices of a so called doctor are committed. Whatever the reason it may be medical malpractice is prevalent in our society. Therefore we need the best medical malpractice attorneys to defend our rights and gain back our confidence in the medical industry.
When entering a medical institution in seek of treatment, it should be a relief that the pain is going to stop and we can continue to go on with our lives. We put our trust and lives in the hands of medical professionals such as doctors, nurses, surgeons, and practitioners. However, instances of malpractice occur frequently in which we need to start asking questions. What is it that we are not providing to our medical professionals to get the right training necessary to be able to treat the public effectively and safely. Occurrences of medical tools such as clamps, knives, and other procedural utensils are being left in the bodies of their patients during surgery. Misdiagnoses are resulting in the prescription of medications that have nothing to do with a patient’s condition resulting in ill complications. These types of medical malpractices are causing harm to the lives of innocent people. Consequences of medical malpractice are warranted in the court of law.
If you or a loved one has experienced any form of medical malpractice that has left you with a large amount of medical bills and pain and suffering, contact a medical malpractice attorney that can help you to recover losses. In many cases of medical malpractice there have been serious complications including death that have arisen from this horrible epidemic. More attention needs to be paid towards medical malpractice to give light to this problem. A medical malpractice attorney can provide you with the support and help needed to fight pharmaceutical giants and medical institutions.
Medical malpractice cases are quite complex, so it is necessary to get help from a medical malpractice attorney. We will also help you make a difference for future patients. Medical Malpractice takes the lives of many in which we need to take action to curtail this crisis.
Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as medical malpractice, automobile accidents. To know more about the services of malpractice lawyer,Malpractice attorney, personal injury lawyer and New York attorneys visit www.nbrlawfirm.com
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