Posts Tagged ‘Accidents’

Worker Injured By Telehandler Machine

July 26th, 2010

R J Baker & Co Limited of Bainton Heights Farm has been fined 3,000 and was ordered to pay the same amount in legal costs at Bridlington Magistrates’ Court after an accident involving one of its workers and a telehandler machine. On the 14th May 2008, a 57-year-old worker, who does not wish to be named, was clearing gutters on a farm building.

The worker’s colleague was left in charge of operating the telehandler machine, which was used to provide access to the guttering; however, the 57-year-old farm worker had been using a conventional ladder initially before his colleague manoeuvred the telehandler towards him. After the worker had climbed into the telehandler, the operator accidentally tilted the bucket downwards, which sent the worker plummeting to the ground beneath.

After falling several metres onto a concrete floor, the worker sustained a broken and dislocated right ankle, fractured shin and partially fractured heel. With such extensive leg injuries, the worker spent more than a month in hospital and required specialist treatment thereafter.

The present case does not serve as a good example of an accident that could have been avoided and in such cases it would be a good idea to speak to a number of injury lawyers.

The Health and Safety Executive appealed to companies in the agriculture industry and other dangerous businesses to follow stricter safety guidelines when utilising telehandler machines after the number of accidents involving their use have increased in the past few years. The Health and Safety Executive asked farms specifically to follow the guidelines set out more closely in June of this year, however it would seem not all have paid attention.

The agriculture industry has turned into Britain’s most hazardous working environments following information released recently by the Health and Safety Executive, finding that accident claims are on the rise in the UK.

The misuse of telehandlers remains a serious health and safety issue affecting British farms, as demonstrated in the present case. Appearing in court, R J Baker & Co Limited pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005.

Health and Safety Executive inspector, Carol Downes, speaking after the case said: “This farm worker suffered horrific injuries following his fall at Bainton Heights Farm. He was extremely lucky to survive the fall and if he had landed head-first he could easily have been killed… This prosecution must serve as a strong reminder that farm machinery should only be used for its intended purpose”.

Looking to find the best deal on injury at work compensation, then visit Nathan Payne’s site.

Strange Accidents & Injuries

June 23rd, 2010

Everybody has heard of no win no fee personal injury claims and most cases are fairly standard car accidents or slips and trips. However a quick look on you tube shows that there is a large trend in people having more weird and wonderful accidents

Amongst the strange accidents which have been reported is the case of a performer whose set included knife throwing. They sustained a serious arm injury and then made a successful claim for compensation for distress and loss of earnings, against both their employer and the other artist, who actually threw the knife.

Another unusual, and also very high profile, injury claim was caused by something we all have; a sofa. After buying sofas from retailers such as Land of Leather, Argos and Walmsley thousands of consumers then developed severe skin irritation and rashes, which were caused by sachets of chemical inside the sofas. The group litigation for some of the victims had ended in a 20 million compensation payout, but there are still around 3,000 more serious cases still waiting to be resolved meaning this could be the biggest group litigation for consumer goods.

Other unusual accidents which have lead to claims include slipping on banana skins, being injured by a faulty car jack and a someone getting caught in the string and ropes from a paraglider and then falling from the sky and sustaining injuries.

If you’ve been the victim of an accident which was a little bit unusual, then you may have reservations about seeing if you are able to make a claim for compensation. You might have looked on the internet and not been able to find anything similar to your case and think that means you can’t claim, but if the accident was no fault of your own and there is liability with another party then it is likely that you will be able to claim.

Embarrassment might be another concern of yours, as the thought of telling a solicitor the details of your accident may not be a prospect you relish, but rest assured solicitors see that many shocking or unusual cases that your story wont shock them at all.

If you are seeking compensation injury claim then a no win no fee solicitor will be able to help you with each step of the process.

Teens’ Texting Takes Toll In Car Crash Traffic Accidents

May 18th, 2010

The children of today grow up almost as connected to their cell phones or other mobile electronic devices as they were connected upon birth to an umbilical cord. When they get old enough to drive, they’re hooked, 24/7. Unfortunately, driving while emailing, calling, texting or otherwise checking the Internet can be a fatal mistake.

Studies recently have shown increased teen car wreck traffic accident fatalities due to two factors: more teens driving at night, and more teens driving while texting or making cell calls.

In the years between 1999 and 2008, nighttime fatal car crashes with teen drivers rose by 10 per cent. Night driving deaths increased at a lesser rate for older drivers, and driving fatalities overall declined in this time.

Bernie Fetts, a senior research specialist for the Texas Transportation Institute, told the Associated Press that the increased deaths arise from a “perfect storm” of factors. One such factor is driving at night, which is inherently more dangerous for anyone in any age group. Another is calling or texting while driving, which compromises a person’s ability to drive.

Teens tend to think otherwise, since they know they send text messages with ease. But texting is still a distraction, diverting them from giving their full attention to driving. And momentary inattention while driving can be fatal. Indeed, the yearly toll for drivers calling, emailing or texting is about 6,000 persons dead and 500,000 injured. Were those texts worth it?

Americans are becoming increasingly savvy to the deadly results of texting or calling while at the wheel of a vehicle. That’s why 23 states so far have passed laws banning texting while driving. The national FocusDriven organization, based in Texas, was created to battle distracted driving due to texting or cell phone calls much as Mothers Against Drunk Driving (MADD) was formed to combat DUI car crash accidents.

Oprah Winfrey of talk show fame also has created her own response to the car carnage: a “No Phone Zone” pledge for teens to sign. Those who sign promise not to text or use their cell phone while they are driving.

Jim S. Adler & Associates strongly endorses such safe driving initiatives and exhorts all drivers of all ages to save their phone calls and texts for a proper time – when they aren’t responsible for guiding a multi-ton vehicle through complicated traffic at often high speeds. Teens may say such calling and texting won’t be enough to divert them from driving safely, but those who have died in texting car accidents indicate otherwise. Texting car crash accidents occur daily, and your teen’s surprise first time may prove to be their fatal final time.

Jim S. Adler & Associates is a longtime Texas personal injury law firm with offices in Houston, Dallas, San Antonio and Channelview. The law firm offers a free case review and represents victims of auto, car, SUV, truck, motorcycle, bus and other traffic accidents, as well as drunk driving accidents.

Divorce Lawyers: Making The Right Choice

May 18th, 2010

There are many divorce lawyers that specialize in various aspects of family law. Before deciding on which attorney you will choose to hire it is important to interview them to make sure they can meet your particular needs. And if this is in fact someone you feel comfortable working with.

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.

The types of documents you may be asked to bring to a consultation are generally basic paper work. You may be asked to bring in identifying information, anything related to joint property owned or information and documents relating to your family. They oftentimes prefer originals and an assistant will be available to make copies. This information will be given to you by either the receptionist or legal secretary prior to your consultation meeting.

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.

It is important to bring something to record the attorney’s answers. Especially if you are interviewing several possible divorce lawyers. If anything they say is unclear, ask them to clarify there response. It is vital that you understand the legal proceedings of your divorce. Pay close attention to the attorney’s responses. They should be patient and professional in demeanor. Evaluate your interviews and select the best fit for your divorce.

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.

Finding the best Personal Injury Lawyer

March 6th, 2010

When picking a personal injury lawyer, do not simply give the case to the attorney with the most powerful advertisement on the radio, television, newspaper or Yellow Pages. These attorneys may not be the best to fight your specific claim the way you wish. Instead, you should carefully examine several personal injury attorneys before hiring one to represent you. Do you know people who have had similar claims to yours? Then try to ask for a referral of their personal injury attorney. Here are the most essential things you should look at when hiring personal injury lawyers:

1. Do the attorneys you are going to hire have experience representing the type of claim that you have? Personal injury lawyers tend to focus on specific types of claims and are very good at representing cases within that scope of practice, but may not be particularly suited to handle other types of claims. For example, a personal injury lawyer who has handled a large number of car accident cases, may not be best suited to handle your medical malpractice claim. Different laws govern different types of torts and you want to choose an attorney who is not only familiar with the laws that will help you receive compensation for your damages, but an attorney who is an expert at handling your type of case.

2. How successful has the attorney been at recovering financial damages for their clients? You want to hire a personal injury lawyer with a proven track record for helping their clients receive the financial compensation they are entitled to. Some important things you will want to consider when determining the attorney’s success rate are how many cases the lawyer has brought to trial (and the winning rate of those trials) and how many cases the attorney has settled out of court. Even if you are planning on settling out of court, you want an attorney with good courtroom knowledge in the event that a trial is the only way to receive financial compensation for your damages.

3. Does the attorney belong to any professional organizations like their state’s Trial Lawyers Association and/or the American Association for Justice? Belonging to professional organizations like their state’s Trial Lawyers Association and/or the American Association for Justice may be indicative of a commitment to promoting fair and effective justice.

4. What type of fee does the personal injury attorney charge for your type of claim? Many personal injury lawyers will work on a contingent fee basis. That is, they do not receive any payment for their services unless they recover money for you in settlement or court proceedings. The money an attorney receives when working on contingency is a percentage of the amount he or she recovers for you. It is a good idea to ask what percentage of your recovery the attorney will take and receive the terms of your fee arrangement in writing.

In the end, ask how many years of experience the personal injury legal firm has, where their attorneys went to law school and if they have any additional practice or experience in your kind of claim. The more information you receive about your potential personal injury law firm, the more likely you will be able to hire someone who can help you get the compensation you are entitled to receive.

You want to hire a personal injury legal firm with a high recovery rate with cases like yours, so you need to consider the attorney’s personality and legal philosophy as well. During your case, you will be investing a lot of time with your attorney and placing a lot of faith in their character and competence. Therefore, it is substantial that you feel good with your attorney’s attitude and philosophy.

It is important that you compare all of the information you have received about potential attorneys so you can select the one who not only has the most experience handling your type of claim, but the one who will work with you to help you receive fair compensation for your injury. Not all attorneys will be able to help you recover the maximum amount of money you deserve for your damages; therefore, it is important to take the time to research several attorneys and select the one with the highest qualifications.

If you have a personal injury or a wrongful death case, contact the Personal Injury Attorneys at Shaked Law Firm immediately to schedule an appointment for a free initial consultation. Click here to submit the case evaluation form. There are time limits that require that you act promptly to protect your legal rights!

Whale Trainer Killed In Killer Whale Attack At SeaWorld Orlando

March 1st, 2010

A five tonne orca named Tilikum has killed his keeper by pulling her into the pool and shaking her underwater. The episode happened at SeaWorld Orlando as the keeper, Dawn Brancheau was talking to visitors after a show. Witnesses reported that the killer whale “thrashed her all around” and held her under the water.

Orlando authorities have reported that the veteran whale trainer “slipped and fell” into the tank but more than 50 eyewitnesses confirm that the incident was accident, the trainer was supposedly stroking the whale until it swam away and rushed back grabbing her its mouth and thrashing her violently underwater.

Brancheau, a 40 year old who was married with no children, was an experienced whale trainer and had previously commented on the dangers involved with her job, “You can’t put yourself in the water unless you trust them and they trust you.” After a visit to SeaWorld at the age of nine, Brancheau had dreamt of working as a whale trainer.

Killer whale Tilikum, whose name means ‘fierce’ in the native Indian Chinook language, had allegedly behaved unusually and ignored directions in an earlier show. Keepers had earlier been banned from swimming with the animal because of its unpredictable irritability. Brancheau is the third person to die after an encounter with the orca.

At Sealand of the Pacific in Victoria, British Columbia In 1991 Tilly was accused as one of three whales linked to the loss of a trainer. In 1999 the body of Daniel Dukes was discovered in Tilly’s pool when policed had believed the man sneaked into the compound at night.

General Manager of SeaWorld, Dan Brown, had to hold back tears while he stated that the company’s safety procedures will be an enquiry into the safety procedures while the park remains closed and shows at their other shows are cancelled.

Want to learn about personal injuryat work? Then visit EAD Solicitor’s for advice on your right to claim compensation.

Personal Injury Attorney Case Types

January 19th, 2010

Personal injuries come in all shapes and forms. Some of the different injuries come on quickly such as being a victim of a slip and fall accident or being in a car crash. Another kind of personal injury is the chronic and long term. This type of injury is usually seen in negligence and exposure to asbestos.

The car accident is one type of the fast and acute type of personal injury. It is probably one of the most common types of injury that there is. Most of the time an accident is covered by the fault parties insurance but there are some times when the fault party denies fault and a personal injury attorney is needed to be able to obtain damages and medical bill costs.

Slip and fall is another type of acute fast occurring personal injury that happens. This type of injury can occur very easily if there is any type of slippery liquid on the ground or if the ground is slippery from such things as ice. Companies spend millions each year in preventative measures to make sure that people do not come in contact with these types of accidents on their property. They know that a slip and fall could hypothetically cost them millions in a lawsuit.

Now let us take a look at the other side of the spectrum of personal injury, the chronic and reoccurring. Negligence and abuse fall into this category. There are many types of negligence and abuse including nursing homes, day cares, and even hospitals. The most common however are nursing homes and day cares. The reason for this being that the people who deal with the elderly and the young are often under paid and under trained. Thus resulting in anger and frustration.

Mesothelioma is another type of chronic and reoccurring personal injury. This is caused by the exposure to asbestos. If you or someone that you know has this type of cancer and need help with the treatment then it is highly advised to seek the professional help of personal injury attorney especially one who specializes in only mesothelioma cases.

Now these are just a couple of types of personal injury cases that a personal injury attorney will usually take in his career. This does not mean that there are not any more cases out there that a personal injury attorney will take. For instance prescription errors, faulty products, and wrongful deaths are just a few.

If you are looking for more information check out Personal Injury Trial Attorney and also Personal Injury Attorney LA

Why A Lawyer is Needed After a Motor Vehicle Accident

January 18th, 2010

A motor vehicle accident can be a terrifying experience. However, the problems rarely stop after the accident when a personal injury is suffered. Individuals are faced with not only a wrecked vehicle, but medical bills and loss of income. The best decision that anyone can make when this happens is to get the help of an attorney.

Accidents are an unfortunate fact of life. Many times it is not even the fault of the person that caused the accident, but someone has to be held responsible for what happened. If you were not at fault, the person that was the cause of the accident will have to make amends financially to everyone else in the accident. At times, there is no other recourse but to pursue legal proceedings.

An attorney will help cut through all of the legal issues. Because these types of cases are so involved, it would be a foolish move to try and rectify it on your own. There are so many laws in affect that a lay person would have a hard time getting their hands around all of the facts and trying to present a case all by themselves.

There may also be circumstances that must be addressed. In addition to the vehicle, there may be significant medical bills that were accumulated during the recovery process. Again, the person who is at fault will ultimately be responsible for these costs. Even if you have insurance to cover a motor vehicle injury, there may be things that are not covered or that your insurance company does not want to cover because someone else was the cause of these problems.

Last, but certainly not least, is the loss of income. When people are bad accidents, there is usually a loss of income that is a direct result. Because the accident was responsible for this, that income should be able to be recovered with a legal filing. This is again why an attorney is so important as they are going to know exactly how to include all of these items in the lawsuit.

Many times, cases such as these end up being settled out of court. This is often the best solution for all parties involved as it ends the case much quicker and can usually safe the person who is at fault some money. This is usually good for the secondary party as well as the fees that the attorney gets will often be lower if they can settle the case without actually going to court.

If you don’t already have an attorney, the best way to find one would be by doing a quick Internet search to find out who is in your area. It is always best to use someone that specializes in personal injury as they will be more familiar with how things work locally and can possibly expedite the proceedings.

Nobody ever wants to think about getting into a motor vehicle accident, but when they happen, you need to know how to handle the situation. After the dust settles, someone is going to be held responsible and you can rest assured that they will have legal representation. It may be an ugly part of life, but it is also a reality and a personal injury attorney can make the whole process much easier to deal with.

After a car accident, drivers should consult with their lawyers to determine the possibility of a personal injury claim. They may also be interested in learning more about accident benefits after a motor vehicle injury.

Claiming as a Passenger in an Accident

December 31st, 2009

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.

Most likely you were in the wrong place at the wrong time. It is the driver’s responsibility to make sure that the passengers are safe at all times. The driver should be driving carefully and this applies to other road users as well. This is why when an accident occurs, the passenger has a strong legal basis for being able to make a claim.

Claiming against the driver

If you were a passenger in a road accident and suffered terrible injuries, you should think about making a claim. Do not be put off even if it is against someone you know. 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.

You may be feeling hesitant about making a claim against a close friend or family member, however you should note that your actions will not bear any negative repercussions on them. Most likely 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.

Making the driver of the other vehicle involved 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 compensation claims, Lawyer, Holiday accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Making A Claim For Cancer Compensation

December 27th, 2009

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.

Early diagnosis of cancer is essential in leading to more effective treatment and lower mortality rate. Failure by doctors to do this can have devastating results for the patient involved. With the current advancements in technology, it is much easier now than ever before to be able to spot signs of cancer. Early misdiagnosis of cancer can have drastic consequences for the patient’s life expectancy. In some cases, the consequences can be so serious that treatment may no longer be an option and the patient will be impacted for life.

How can you make a claim?

In establishing whether the doctor has been negligent, the doctor will first be assessed against other doctors in the same professional capacity. The two main questions that will be asked will be:

* Was the doctor responsible for falling under the standard expected from doctors in his or hers speciality?

* What would the patient’s condition be now if the correct diagnosis had been initially made? And how will this compare 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 not been favourable amongst some commentators who have argued that it can lead to unfair results for some of the patients. Despite the reservations on the part of some, it is the law that is applied today, and the process that will have to be gone through for anyone making a claim.

The types of misdiagnoses made by doctors in cases of breast cancer:

* Failure to follow up on test results

* Failure to order new tests

* Failing to spot early symptoms of cancer

* Mistaking a tumour for an infection or diagnosing the tumour as benign

* Failing to notice a lump during the screening process

The list outlined above are some of the more common misdiagnoses that are usually made by doctors which can lead to devastating consequences for the individual concerned. A simple observation early on would have lead to a great less psychological and physical pain for 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, Lawyer, cancer misdiagnosis, find a solicitor, legal, lawyer, law help advice, solicitors litigation