What To Do If Personal Injury is the Result of a Motor Vehicle Accident
February 3, 2010 | Leave a Comment
The thought of being in a motor vehicle accident is often enough to make a person shutter. While the accident itself is terrifying, there are a lot of things to deal with after the accident as well. One of the victims may be faced with huge medical bills and loss of income while they recover from their injuries.
While accidents are a reality of life, they can cause significant financial problems that someone will have to be held responsible for. Once the insurance companies get involved, this can be a long and drawn out process. When this happens, the only people that can make sense of it all are personal injury lawyers.
Very few people are versed well enough in Personal injury law to be able to handle something like this on their own. While it would seem to be a no brainer to call an lawyer, there are still those that think they can avoid the legal fees and handle everything all by themselves.
When an accident happens, there are often special circumstances that have to be included in a case. What if the person that suffered the most does not have medical insurance? Those bills are going to have to get paid by someone and that will usually happen through a lawsuit. The insurance companies will fight tooth and nail to get away with paying as little as possible.
There is also the time that will be lost from work that needs to be considered. If someone ends up in the hospital, they can obviously not go to work. Since the accident was not their fault, they deserve to be compensated for the income that they are going to lose during their recovery time. An lawyer will be able to work all of these circumstances into the lawsuit to make sure that everything gets recovered.
A large portion of these cases will end up getting settled out of court. Because of the negotiation process, it is imperative that you have an lawyer that is competent and that you can trust. They are in essence speaking for you when you are not even present and they must have your best interests at heart. This is why it is a must to have an lawyer with a good reputation that has built a sense of trust with you.
Few people will have a personal injury lawyer that they know and this is where the Internet can be very helpful. By doing an Internet search for a local lawyer, it will be quite easy to find the person that can do the best job for you. Once you get the list narrowed down, it is time to make some phone calls and find an lawyer that you are comfortable with.
Accidents are often very terrible things that have horrifying results such as motor vehicle injury. There are often large medical bills, personal suffering and loss of income to be considered when bringing a lawsuit. Having a reputable lawyer is the best way to make sure that you do indeed get everything that you have coming to you.
Find a Personal Injury Lawyer Toronto that will help your case with honesty and integrity. Whether it’s a motor vehicle Injury, Personal injury claim claim, Paraplegic and Brain Injury or a Slip & Fall Injury or accident benefits, our Law Firm can help you.
Claiming For An Accident At A Supermarket
January 8, 2010 | Leave a Comment
Many customers do not realise that if they fall or slip at a supermarket they are able to make a claim for compensation. Their claim will be processed if it can be proven that the accident occurred through no fault of their own. The accident can happen at Asda or any other popular supermarket food chain. Whichever supermarket it was, if it was not your fault, you have a right to make a claim.
Many customers may not actually be aware that all of the supermarkets such as Morrisons, Tesco or Sainsbury’s owe them a duty of care whenever a customer steps onto their premises. Customers should be safe when they are shopping and the supermarkets are responsible for their well-being. This can also include the supermarket car park.
What to do if you are involved in a work related accident
Employers also own their staff a duty of care in the work place. Many workers are engrossed in various tasks to ensure the smooth operation of the supermarket. These jobs involve cleaning to shelf stacking. Extra care should be taken at all times due to the sometimes risky nature of the work.
For instance working as a check out assistant may seem relatively straight forward and risk-free. Nonetheless many fail to realise that there are many health risks involved in this job. If great care is not taken, check out assistants are at risk from suffering repetitive train injuries in their wrists, shoulders and elbows. They are also at risk from suffering neck and back injuries, if their working area is not set up appropriately. Shelf stackers and cleaners are at risk from spills or other possible obstacles if there are not appropriate warnings set up.
As an employee you may wish to seek action against your employer if you suffered an accident. It is strongly recommended that you seek legal advice before doing so, as you will be better informed about your chances of gaining compensation.
What to do as a customer if you are involved in an accident
If you happen to have an accident in a supermarket through no fault of your own, there are some things you should do in order to help your claim, should you decide later to make one.
Quite soon after the accident you should report it to the manager or to someone at the customer services desk. You will most likely be given an accident report form to fill In case you are not given a form you can ask for one or make sure that the accident is recorded in the accident book.
If there happen to be any witnesses around at the time of the accident, it is best to get down their names and contact details. If you happen to have a camera on you, you should photograph the scene of the accident. If you don’t have an actual camera but you have one in your phone that should be fine too. By gathering all of this evidence, it will help you in your claim later on if you decide to make one.
If you have suffered an accident at a supermarket and are unsure on your next steps, our solicitors will assess your case and advise you on your next steps.
Ayesha Salim is editor of the UK Lawyers Network. Ayesha writes articles about supermarket slip claim, public place accidents and slips and trips. Please visit the website if you would like to see more of Ayesha’s work or if you would like to contact local solicitors or to talk with a personal injury lawyer.
Seatbelt Injury Claim
January 2, 2010 | Leave a Comment
You may feel that you are quite safe travelling in an enclosed car. You feel that the metal shell will protect you from harms way should you fall into an accident. It is a big mistake to think this. Many passengers that have been involved in a car accident suffer horrific injures and have to live with the physical and psychological impact for years to come.
The most common form of injury complained about in road accidents is whiplash injury. A perhaps less talked about but still a commonly reported injury is seatbelt injury. It is not surprising that people suffer from seatbelt injury, particularly if you think about the impact of a car accident. When another vehicle slams into the back of your car or slams into the side of your car, you will be naturally jerked forwards or sideways. This jerk reaction will impact your body even if you are wearing a seatbelt.
Of course wearing a seatbelt is fundamental to your overall safety as the impact of the accident is likely to be far more serious on the person if they were not wearing one. Since the seatbelt has been introduced thousands of lives have been saved as a result.
If you have suffered a seatbelt injury, it could be because of the negligent behaviour at the wheel. The driver may have been speeding unnecessarily or overtaking dangerously. The driver also may have ignored the weather conditions and be driving recklessly or in road rage. If you feel that you suffered the seatbelt injury due to the driver’s negligent behaviour then you have a right to make a claim. It is your personal right as you sustained injuries due to someone else’s reckless behaviour.
What you should expect if you are involved in a road accident
Depending on the circumstances of the road accident, you could expect to have the seatbelt dig into your abdomen. This can cause abdomen tenderness or even possible bowel injuries. You can avoid these types of injuries or reduce their likelihood of occurring if you take certain steps.
It is quite common for drivers to put on their seatbelts loosely before taking off. This can be a mistake, as it is important to wear a seatbelt as tight as possible to avoid personal injury taking place. Seatbelts are well known for saving lives so in the event of an accident it is important that:
* The seatbelt is worn as tightly as possible
* The lap belt should be worn over your pelvis and hips
* Wear the diagonal strap over your shoulders
Have you suffered a seatbelt injury in a car accident due to the driver driving recklessly? If this is the case, then you have a right to make a claim. Our solicitors will assess your case and advise you on what you should do next.
Ayesha Salim is editor of the UK Lawyers Network. Ayesha writes articles about road accident claims, road traffic accidents and motoring issues. Please visit the website if you would like to see more of Ayesha’s work or if you would like to contact local compensation claims or to talk with a personal injury lawyer.
Medical Negligence Occurring In Dentistry
December 30, 2009 | Leave a Comment
Making a trip down to the dentist is one that can prove to be quite an uncomfortable experience for many of us. After all, it is not a pleasant idea to have the inside of your mouth probed and examined. Nonetheless, it is an essential part of our health regime and it is important that we should be able to trust the health professionals in charge of taking care of us.
In the majority of the cases, the dentists offer an excellent level of service to their patients. However, in some rare cases, mistakes do happen and this unfortunately leads to some form of injury to the patient. It is important to not confuse an unfortunate side effect of the treatment and the actual negligence on the part of the dentist. Some cases are very clear cut. For instance if your dentist was negligent in fitting your crown properly. As a result you are now experiencing trouble eating. It is possible that your dentist failed to spot a serious dental disease and now you are experiencing persistent pain. You may have even suffered permanent damage to your teeth.
The types of dental negligence
There are many types of dental negligence that can occur. The list below outlines some of the main ones:
Misdiagnosis in treatment
The dentist may be responsible for failing to recognise the seriousness of the patient’s dental problem, and as a result provides the wrong treatment. This could lead to serious consequences for the patient whom may suffer both psychological and physical pain as a result of the treatment. In these cases, it is likely that the patient will be entitled to compensation.
Carelessness by dentists
The dentist may carry out the dental procedure carelessly and end up causing personal injury to the patient. This can also be a clinical negligence claim.
Inadequate treatment
The dentist may be responsible for carrying out inadequate treatment over a period of time. The dentist’s action could result in personal injury to the patient. If it can be shown that another dentist in the same professional capacity would not have made the same error in judgement, then the patient may be able to make a claim.
Drug usage for the patient
Giving the patient the wrong dosage of drug could lead to some serious implications for the patient. Similarly, analysing the patient’s forms is an essential part of the procedure which dentist’s should perform as there may be a record of a certain type of allergy that the patient has. If the dentist fails in these tasks, and the patient suffers personal injury as a result, this could give rise to a potential compensation claim.
If you feel that the dental treatment provided to you was below standard, and suffered injury as a result, you may be entitled to a compensation claim. Our specialist solicitor’s will be able to assist you in your claim if your dentist caused a dental accident which resulted in you suffering emotionally and physically.
Please note that in order for dental claims to be successful, it must be proven that the same treatment would not have been provided by a reasonable and competent member of the dental professional. Our specialist solicitors provide a sympathetic and friendly service, and will ensure that you have the best chance available in pursuing your compensation claim for dental injury.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about accident claims, Lawyer, Dental Negligence, find a solicitor, legal, lawyer, law help advice, solicitors litigation
Claiming For Cancer Compensation
December 24, 2009 | Leave a Comment
If a medical professional has been responsible for mishandling a cancer diagnosis, the consequences for the patient concerned can be extremely serious. Cancer can be linked to a number of different factors such as genetics or general lifestyle. Some factors work to increase the likelihood of someone developing the disease.
In recent years, great progression has been made in cancer research and early detection process of cancer. It is well known that early diagnosis of cancer can drastically impact the individual’s chances of survival before it has a chance to spread. Not all types of cancer are so easy to spot, however some of the more common ones can be detected early through careful screening. Failing to recognise important signs of cancer can have drastic consequences on the patient’s quality and life expectancy. Furthermore, if early diagnosis is not made, then the cancer can spread to such a stage that treatment may no longer be a viable option for the patient.
What can you expect in making a claim?
In order to establish the doctor’s liability, the doctor will first be assessed against other doctors in the same speciality. Two fundamental questions will be asked:
* Did the doctor fall under the reasonable standard expected from doctors in his or hers speciality?
* Would the patient’s condition be any better now if the correct diagnosis had been initially made? What about comparing this with what actually happened?
Essentially the courts use what we call the ‘balance of probabilities’ test. Therefore, if the experts in this field argue that the correct diagnosis would have given the patient a 60% chance of survival, and the actual delay in diagnosis and treatment has reduced that chance to 40%, there will be compensation for that individual. The same rule applies to any other serious flaws in treatment. However, if a 40% chance had fallen down to 20%, there would be no compensation for that. This is because the survival rate was less than probable in both cases.
The balance of probabilities test has caused a bit of an uproar amongst some commentators that have argued that it can lead to unjust results for some of the patients. Despite some differed opinions on the subject, it is still the law that is applied today.
Forms of misdiagnoses made by doctors in cases of breast cancer:
* Not following up on test results
* Failing to order new tests
* Failing in spotting early symptoms
* Mistaking a tumour for an infection or diagnosing the tumour as benign
* Failing to observe an obvious lump during an examination
These are just some of the critical mistakes that doctors have been known to make. Critical mistakes that lead to great trauma and anxiety for the individual involved. An early diagnosis would have prevented a lot of the suffering faced by the individual.
If you have been affected and are concerned about the type of treatment you have received, our specialist clinical negligence solicitors will be able to offer you advice with compassion and understanding. Our solicitors will provide you with assistance and guidance in pursuing your compensation claim.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Personal injury Lawyer, cancer negligence claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
Cases Of Wrongful Birth Through Failed Vasectomy Or Failed Sterilisation Procedure
December 20, 2009 | Leave a Comment
There are a number of people in the UK that decide for personal reasons to undergo a vasectomy or sterilisation procedure. It could be that they feel their family is complete, or in some cases it may be done for financial reasons. Whatever their reason, they have a right for the procedure to be done properly.
Most surgical procedures are performed successfully, however in some cases they are not. This can lead to distressing results for the patient and family members involved. In some cases, the patient find herself with an unwanted pregnancy, giving birth to a child she did not want. As the consequences are quite serious and life-changing, the law takes this very seriously. Therefore, if the patient can prove that the negligence occurred because of the surgeon involved, than it may be possible to claim for compensation.
Failed Sterilisation in surgical procedure
There are numerous reasons why a surgery may fail. A sterilisation procedure is for a woman who decides that she does not want any more children. The procedure involves the fallopian tubes being either cut or clamped to stop the eggs from travelling to the ovaries to the womb. If the surgeon performing the procedure is careless, the clips can come free if they are not secured properly during surgery.
Failed Vasectomy in surgical procedure
A vasectomy can fail for one or two reasons. It could be that in the surgery itself, the vas deferens tubes are not cut properly. On other occasions, your surgeon may have failed in giving you correct post operative advice. It is generally known that following the vasectomy procedure, it usually takes around four months for traces of sperm to disappear from the semen. It is up to your surgeon to inform you of this and to warn you against unprotected sex, at least until the tests have shown that there is no more sperm in the semen.
Will you be able to make a claim?
This will all depend on your individual circumstances. For instance, in some cases the procedure may fail because of natural reasons, and not due to the negligence on the part of the surgeon. This can happen when the sperm duct or fallopian tubes regrow. However, in other cases the failed sterilisation or vasectomy is due to the surgical error. The surgeon may be responsible for cutting a ligament instead of the vas deferens tubes. Or the surgeon may fail to give you good clear post-operative advice.
In most cases, if conception occurs soon after a sterilisation or vasectomy procedure, it more likely to result in a successful clinical negligence claim. Whatever the reason may be for the surgery failing, it undoubtedly leads to great emotional distress often leading to suspicions of adultery. Compensation can be given for the emotional and physical distress involved with the pregnancy.
If you or your partner wish to make a claim, our solicitors will be able to guide you and answer and queries you may have. They will go through all the relevant options with you, and help you decide on whether you wish to take further action.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Personal injury Lawyer, failed vasectomy claim, find a solicitor, legal, lawyer, law help advice, solicitors litigation
Claiming in a Sports Injury
December 20, 2009 | Leave a Comment
We all know that playing sport can be a risky business. Depending on the nature of the sport, injuries can occur at any time and are often non-preventable. Therefore anybody participating will be naturally aware of the risks involved in game play. Nonetheless, in some cases an injury may occur that was not part of normal play. Under these circumstances it may be possible to make a claim for compensation.
The way to distinguish between injuries sustained in normal play or out of misconduct is to see whether there was any particular maliciousness or recklessness involved. Simple carelessness or error in judgement will not be sufficient to make rise for a claim.
The types of sports injuries claim that can give rise to a claim include:
* Playing on grounds that are defective or badly maintained
* Unsafe facilities or equipment
* Dangerous or reckless conduct by competitors
* Failure in supervising or instruction giving
These are some of the types of accidents that would not be considered to be part of the normal, reasonable conduct that a player would consent to and could give rise to a valid compensation claim.
In some cases the player suffers not just physically but also financially. This provides an extra burden on the player. If you find yourself a victim to these circumstances, it is best to seek the assistance of a solicitor that will be able to assess your case and advise you on how to proceed.
Injuries Sustained by Spectators at Sporting Events
Spectators are expected to enjoy the game from a safe distance and not get injured. Those in charge of the event have a responsibility in ensuring that the premises are in line with health and safety standards. The spectators should be kept at a safe distance, away from any potential hazards.
Accidents to sports spectators normally occur when the shelter provided is faulty or in inadequate condition. Any barriers or railings might not be secured properly and there may be lack of appropriate lighting. These are some of the basic safety measures that should be adhered to, and a failure of these can lead to spectators suffering injuries as a result.
Making a Claim
Seeking medical attention is paramount if you sustain a sports injury. This is important even if you think the injury is minor. Your doctor will be best able to examine the seriousness of the injury and give you the right treatment for it. Secondly, your medical records will be useful to you later on if you decide to make a claim for compensation.
It will also help your case if you collect as much information as possible. This would involve reporting the accident to to any member of staff around at the time, collecting names and addresses of any witnesses around at the time of the incident, and any photographs if possible.
If you have been victim to a sports injury and would like to seek further legal advice, our solicitors will assess your case and help you determine your next course of action.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Lawyer, accident compensation, find a solicitor, legal, lawyer, law help advice, solicitors litigation
A Passenger Accident Claim
December 20, 2009 | Leave a Comment
Passengers obtain injuries in a bus, car, or any other vehicle that gets involved in an accident. It is not unusual for passengers to make a claim. If you were in the vehicle at the time of the accident you can make a passenger accident compensation claim.
In the majority of cases, the passenger is the innocent victim in the accident. Therefore, the passenger has a strong legal basis for being able to make a claim. It is the driver’s responsibility to ensure the safety of its passengers by driving carefully. This principle also applies to other road users.
Claiming against the driver
Many passengers are reluctant to make a claim against the driver as it might be someone they know or are close to. However you should note that as long as the driver has basic car insurance cover, and third party insurance, he or she will be covered for liability for injuries to other people in the car (including passengers), liability for damage to other people’s property and liability for injuries to the occupants of other vehicles.
Bringing a claim against a close family member or relative may admittedly be an uncomfortable experience, however your actions will not bear any negative repercussions on them. In most scenarios, they will be making a claim on their insurance anyway, and their insurance provider will be liable to pay any compensation that you receive.
If more than one driver was involved in the accident you can bring a claim against them too. If the other driver was also responsible for the injuries you suffered as a result of their negligence, then you can make a claim against both of them.
It should be borne in mind that the amount of compensation you receive will be affected by whether or not you were wearing a seatbelt at the time of the accident. Your compensation may be reduced if you were not wearing one, so be prepared for this.
The driver making the other driver accountable too
If the driver is aware that a claim is being brought against him or her, then the driver can request that the driver of the other vehicle be also held accountable for the collision. This is advantageous for the driver as bringing the other driver into the equation it may help reduce the amount of compensation he or she might have to pay. This way each driver is responsible for paying their proportion of the compensation to the victim.
Passengers are often distraught in the aftermath of a car accident. In most situations it happens so quickly that it is difficult to witness what actually happened. This is particularly applicable for passengers travelling in the back of the vehicle due to limited vision. It is best that you seek legal advice from our solicitors if you have been involved in an accident as a passenger. This way you will know your options and the right way forward.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Lawyer, Holiday accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
Repetitive Strain Injuries in the Work Place
December 19, 2009 | Leave a Comment
The number of claims for repetitive strain injury have risen considerably with increasing use of computers. This form of injury can be avoided if precautions are taken. It is the employer’s responsibility to provide a safe working environment for its employees.
Repetitive strain injury claims are often hard to claim for due to it’s complexities. For instance, citing repetitive strain due to high computer use at work would be difficult to claim for, as the majority of the country have computers at home which could also have been responsible for causing the injury.
However, if you feel that you gained this injury at work then do not be put off. Your employer should take reasonable steps in providing a safe working environment, and if this was not provided for then you have a right to make a claim.
What causes repetitive strain injury?
Repetitive strain injury can also be referred to as Work Related Upper Limb Disorder. The types of symptoms that people suffer can vary but usually they involve stiffness, tingling, and swelling. It is repetitive work processes that tend to cause a strain in the upper limbs. Reports have suggested that around two thirds of office workers suffer from RSI, however are unaware that they can even make a claim.
It is important that the employer ensures that the employee takes regular intervals from using the keyboard as this is a major cause of RSI (Repetitive strain injury). The PC monitor should be at the correct height for the employee and wrist rests should be made available for comfort. Similarly repetitive usage of the mouse can also cause RSI. The symptoms occur due to continuous muscle contraction caused by being in a fixed position for too long whilst the limbs are unsupported or supported in the wrong manner.
As an employee if you have developed RSI as a result of prolonged keyboard and mouse use, it may be possible to make a RSI claim against your employer. The amount of compensation you can claim for will highly depend on the severity of your injury. In order for your case to be analysed the best way possible, it is recommended that you contact a solicitor as soon as possible. The solicitor will give you the appropriate information you need and help you in your claim forward.
With advancements in technology, more people have gotten used to working on the move. Gadgets such as blackberry’s and smaller laptops, have enabled commuters to be able to use these gadgets on the train or on the bus. Unfortunately, many are misinformed about the risks of such prolonged usage of these devices. The risks of them obtaining RSI become higher due to the smaller and closer-situated buttons. Furthermore, the effects of RSI are likely to be more serious in comparison to a normal office environments, as commuters will be working in uncomfortable and unusual positions.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Personal injury Lawyer, Work accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
Making a Claim for Plastic Surgery Compensation
December 16, 2009 | Leave a Comment
Plastic surgery is a very personal and intrusive procedure, one that is not taken lightly by most. In addition to costing a lot of money, it can be a risky procedure and can lead to unwanted results if not performed properly. Patients going under the knife have the right to receive a high level of care. However in the past, the plastic surgery industry was largely unregulated and mistakes were known to occur. Only recently, the National Care Standards Commission has introduced regulations. Under this scheme, the clinics and surgeons are under the responsibility to ‘ensure the safety and well-being of individuals having treatment’. Therefore, all the doctors registering after April 1st 2002 cannot perform plastic surgery without first completing specialist surgical training. However, it should be noted that this only applies to doctors registering after this date, not before.
The majority of the surgeries are carried out are by qualified surgeons, however on the rare occasion this is not always the case. If you have suffered as a result of a faulty surgery, we may be able to help you.
Making your case for compensation
If you have suffered significant scars or injuries as a result of the surgery, you will be entitled to make a compensation claim. It is natural to be feeling shaken, however you should be aware that it is your right to claim as every plastic surgeon owes a duty of care to their patient. The duty of care is owed both during and after the operation. You should be able to feel relaxed under the assurance that your surgeon will look after you and that your operation will be performed under the correct protocol.
If you have suffered significant injuries or scars as a direct result from the surgery, then it is very possible that your plastic surgeon breached their duty of care towards you and has been negligent.
Remember, a good plastic surgeon will always:
Be qualified
Inform you properly of the procedure and the personal benefits to you
Explain in detail the risks involved in the procedure
Discuss alternative options with you
Give you time to carefully think about your options
Your plastic surgeon may have been negligent in using the wrong instruments to perform the surgery or made another error that resulted in you being emotionally and physically scarred. If you have personally suffered as a result of your surgeon, you have a right to make a compensation claim.
There are a number of things that can go wrong in plastic surgeries, however some of the more common complaints include the following:
Lack of necessary information regarding the risks involved in the procedure
Nerve being damaged during a facelift
Extensive scarring during a procedure such as liposuction
Unanticipated scarring on the face during a facelift procedure
The types of mistakes outlined above are only some of the types of claims that are usually made. However, it is these types of serious errors that lead to successful plastic surgery compensation claims.
Our clinical negligence specialist solicitors have a great deal of experience in dealing with patients who have been emotionally and physically scarred at the hands of their plastic surgeons. It is understandable that your self-confidence will have been affected by this harmful experience. Our specialist advisers will seek to understand your individual situation, and will always treat your case with great sympathy and compassion.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Lawyer, plastic surgery claim, find a solicitor, legal, lawyer, law help advice, solicitors litigation