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New Road Traffic Accident Claims Process

July 18th, 2010

As of April 2010 the claims process for road traffic accidents with a relatively low compensation payment has been changed in order to make the claims process quicker. The new process will apply to cases where the compensation payout is likely to be between a thousand and ten thousand pounds and it is mainly the initial stages that differ from the old process.

Prior to the change the process meant that the insurer had a 21 day period in which they acknowledge receipt of the letter of claim, then a period of three months in which to carry out investigative work, so they could decide whether they were liable or not. A frustrating length of time for the potential claimant.

In the new process, rather than a letter of claim, the claimant submits an online Claims Notification Form, using a new secure process. After this has been logged the insurer will then have 15 days to respond with their decision on liability, which will also be submitted online.

The new Claims Notification Form requires more detail than a claim letter would so a claimant may be delayed while they gather the correct information, but this would have been required at latter stages during the old claims process, and once the claim is lodge they have much less time to wait for a decision so the process should be much quicker.

Another big difference to the old process is that rather than waiting for the insurers offer, it is the claimant who makes an initial settlement offer, based on the medical evidence and any financial losses.

The third time saving measure is that if liability is not in question, but a settlement figure cannot be agreed then rather than a court appearance the Court will make a judgement based on the information they already have.

The process is still in its infancy, and so making a judgement on it is difficult, but so far it seems to be working effectively and whilst many cases cannot go through the process the more straightforward ones will certainly benefit from a more efficient process.

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

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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.

In most successful personal injury cases compensation is rewarded in the form of money. The amount varies from case to case and no two cases are the same.

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.

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Senior Judge Says Legal System Has Become Incomprehensible Because Of ‘torrent Of Legislation’

June 21st, 2010

A senior judge has called for a new government to put an end to the “torrent” of legislation which has made the legal system incomprehensible to both judges and the public.

Judge Charles Harris, QC, president of the 600-strong Council of Circuit Judges, told The Times that judges now had to have criminal law explained to them by academic experts as it had become so complex.

Judge Harris also felt that civil law was so complex that some laws were “completely beyond the grasp of people to whom they apply”.

“Law which is not readily comprehensive is unfair law, because those to whom it applies have to spend time, money and anxiety in finding out by litigation what their obligations are.”

As the head of the judicial rank handling all serious cases in the Crown and county courts, Judge Harris pointed out that an average of 2,629 laws a year had been produced by the last 3 prime ministers.

He added that in the last eight years, there were between 40 and 70 Acts of Parliament and more than three thousand statutory instruments a year.
“Some substantive civil law is so complex that it is wholly inaccessible to the laymen to whom it applies and not much easier to understand for lawyers.”

Using the consumer credit laws as an example, Judge Harris said: “Academics graze contented in its thickets, while the people to whom the law applies have no choice but to sign contracts which they do not understand.”

The editor of Archbold, the criminal law compendium described the state of the criminal laws as a disgrace.

Judge Harris called for a bill to rationalise and consolidate the criminal laws, prune out all the statutes and put an end to all legislation.

“It is vital to remember that laws should not be run up in haste and flung, as a palliative reaction, at every problem which may arise.”
Judge Harris comments came as another judge warned the public that they are “best off having nothing to do” with litigation.

“I am sympathetic to all litigants who get caught up in our legal system,” were Court of Appeal judge, Lord Justice Mummery’s sentiments as he pointed out the complexities of modern court cases and high lawyer’s fees.
The judge who is the country’s foremost expert on employment law, added: “The law is best kept as far away as possible; you’re best off having nothing to do with it”.

These comments were made as the judge rejected an appeal by a Devon lord of the manor against a bill for almost 15,000 that followed an Employment Tribunal hearing.

“A travesty of justice” is how David Piper, Lord of Manor of Warleigh described the compensation award after a disability discrimination claim, as he made his argument.

However, Lord Justice Mummery described Piper’s challenge to the payout as having “no reasonable prospect of success”, while reminding him of the legal bills and minefield he’d face by proceeding with the appeal.

Want to find out more about legal issues relating to personal injury then visit Duncan Gibbins Solicitors website for specialist advice on compensation.

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The Need For Psychological Rehabilitation Following A Road Traffic Accident

June 15th, 2010

This article focuses on research conducted by Dr. Manda Holmshaw PhD, consultant clinical psychologist and Clinical Director of Moving Minds, and Wilson Carswell OBE FRCS, Medical Director of Moving Minds. The article delves into the need for psychological rehabilitation in combination with physiological rehabilitation for individuals involved in a road traffic accident.

For those who have been injured in a Road Traffic Accident, rehabilitation is now acknowledged as playing an important role in helping the victim to recover more speedily from their injuries and get back to their normal work and social activities. However it is not always acknowledged that psychological rehab can be as important as physiological, especially in cases where prolonged problems or illness is brought on by trauma.

Under the belief that they are going to die or suffer serious injuries, persons involved in road traffic accidents RTA normally experience extreme cases of panic in that moment. The individual is able to deal with the trauma shortly after, because of the brain’s defence mechanisms which operate in removing these types of memories from the forefront of the mind. However, in some instances, this process is interrupted and the victim may begin to suffer long term psychological problems arising from their accident. These conditions include Travel Anxiety and Post Traumatic Stress Disorder (PTSD) which may prevent the individual from carrying on with a happy and active life.

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

Psychologists have over the years researched into various types of psychological illnesses. Tests have thereafter been developed to look into the symptoms in determining which problem the patient may be suffering from. Some of the widely validated tools used by psychologists in supporting their diagnosis include the Clinician Administered PTSD Scale (CAPS), the Impact of Event Scale (IES), the Hospital Anxiety and Depression Scale (HADS), the General Health Questionnaire (GHQ), 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.

Medication plays a role and is especially helpful to those suffering from depression. However RTA victims, often PTSD or Travel Anxiety sufferers won’t find that drugs are helpful to the brain to integrate their bad experience.

Counselling is used in many circumstances including treating people with PTSD but is not recommended for people whose symptoms derive from one traumatic event. Counselling has shown that symptoms are unalleviated even after a long period of counselling.

Recommended treatments for these conditions include CBT, which is Cognitive Behavioural Therapy developed by psychologists over many years of study, exposure therapy, and EMDR (eye movement desensitisation and reprocessing). The principle of CBT is that a person’s thoughts affect their psychological well being, and by challenging unhelpful thoughts and testing new ways of behaving they can affect their mood and wellbeing. EMDR, used extensively in the eighties, works to allow the reprocessing of the feelings and emotions experienced in the accident or traumatic event. This is achieved by getting the patient to recall memories from the experience itself whilst the therapist stimulates their brain with eye movements or sound. EMDR seems as effective as CBT when treating PTSD cases but often takes less sessions to produce the same effect. Exposure therapy is used less frequently with more current emphasis on CBT, but involves a person with PTSD confronting the traumatic situation. This has also produced good results but is extremely emotional for the individual.

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.

For specialist advice in regards to compensation claims for RTA victims, just visit www.duncangibbins.co.uk for everything you need to know about making a personal injury claim.

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RTA Victim Awarded Highest Ever UK Personal Injury Compensation Settlement Of 11.15 Million

May 21st, 2010

A man who was paralyzed after suffering severe injuries in a car crash has received 11.15 million in damages. Wasim Mohammed is said to have received an amount greater than any other personal injury compensation payout in UK history.

The accident in question occurred in 2006 when Mr Mohammed then age 22 was the passenger in a car in which the driver (who was speeding) decided to overtake at a junction. A collision took place when the car hit a vehicle which was turning right. The road traffic accident (RTA) left Mr. Mohammed with serious injuries to his spine and a broken neck. The extent of his injuries has left him with limited movement in his arms and a paralyzed lower body. The driver who was at fault in the accident also convicted on the charge of careless driving.

Mr. Mohammed instructed experienced Personal Injury Lawyers, who were able to take his case forward to produce this record compensation settlement, the astonishing amount of 11.5 million. The driver was also charged with careless driving. Daniel Herman a catastrophic injury specialist assisted Mr Mohammed in his case. Although the case was supposed to be heard at a County Court in Birmingham, settlement has already taken place. This often happens in large personal injury cases such as this one.

It has been decided that the payout would be made to Mr Mohammed in a lump sum of 4.25 million, and then he is to receive 235k per year. Because the victim will have to pay a very large amount of money for adequate care, and for the rest of his life; the compensation will now cover these costs. Because his injuries are so severe, he will require two carers for the rest of his life in order for him to go about his daily life.

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.

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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.

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Starbucks sued over hot tea alleged to cause burns

May 12th, 2010

US coffee giants Starbucks are facing a lawsuit from an American woman over claims she suffered second degree burns after being served tea that was too hot. She had been 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.

The US coffee giant is no stranger to this kind of allegation and refused to comment although a legal expert has noted 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.

The case echo’s a case in 1994 when a jury ordered McDonald’s to pay nearly $3m to an Albuquerque woman who claimed she had scalded herself with the restaurant’s coffee. The parties settled out of court but it paved a way for those looking to seek 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.

Earlier in the year Starbucks fought off a case to ban gun carriers in Denver to openly carry firearms in their coffee shops. In accordance with the state law, civilians can openly carry firearms with a licence but many city centre business forbid the carrying of weapons indoors. Starbucks fought to allow their customers to observe the 2nd amendment but risked losing the faith of at least on side of the argument. Starbucks 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.

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How To Find The Best Injury Attorney

April 22nd, 2010

Personal Injury Attorney cover cases for individuals that are victims of some kind of accident or intentional harm. Millions of cases develop each year to protect the innocent victims.

Most countries classify lawyers and attorneys a lot different than the United States. In this country, they work according to the united legal profession. This gives them access to the same privileges, except with another name.

Attorney’s fees, usually are only paid when the Personal Injury Lawyer that you choose, wins. The fee works according to a contingency fee and relates to the state that you reside. Some lawyers will negotiate this fee, but most of the best lawyers will not.

If you are not sure how to find the right person to help you than you should ask the advice of a lawyer you trust. He can refer you to a good injury attorney. If you don’t know any lawyer than ask somebody else’s help. Also you can share your experience with your friends if they been through a similar situation.

Experience and area of specialty are the two things that are most important in consideration. Additionally, you should know their history pertaining to cases similar to yours. Personal injury lawyer with a concentration in one are will likely work well in serving any specific needs that you have.

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

Strict liability concerns defective items sold by businesses, which cause harm. Intentional relates to willful and intentional acts of harm of a person. Negligence is one of the most common types of claims for cases and has to due with another person ineffective or lacking in the prevention of the harm of another.

Specific kinds of an injury attorney can often be found according to the specific case that you have. Numerous kinds of personal injury cases exist. To name a few, there is job accidents, nursing home abuse, medical malpractice, and car accidents.

Car accidents are a traumatic event, that sometimes lead a person to make wrong decisions. Often people are bullied into making settlements and do not have the necessary knowledge that a car accident lawyer can provide. Additionally, the access to a person with specialized knowledge helps into the focus within that area.

A car accident attorney, offers specialization that gives access to in depth knowledge within that particular area of law. Therefore, your chances of winning the case are increased. Usually, you can find a lawyer through information on the internet. Family and friends are another great source for information of where to find a great lawyer. Generally, other people like your doctor and others you are familiar with can offer you information as well in regards to good lawyers. A lot of this kind of information tends to be good since most do not want to refer you to someone that is not good and have you upset with them.

If you find that it’s impossible to get to an agreement with your lawyer you can make a complain to some state bars. Often they offer dispute resolution services. This happens when you find it impossible to resolve the problems you have with your attorney. The persons from the dispute resolution center will help you get to an agreement which will please both of you.

Each year, approximately , to , new cases of mesothelioma are reported. injury lawyers One of the most complex areas of law is Social Security. This may be because not every lawyer have the ability to get a good verdict when it comes to child custody.

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Teens Survive Ferris Wheel Fall

April 20th, 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.

In April this year three teenagers suffered serious injuries on a ride at a carnival in Byron Bay, New South Wales, Australia. The teenagers were enjoying a turn on the Ferris wheel when the car they were riding in became detached from the main body of the ride and plunged to the ground.

Amazingly, after falling 20ft to the ground the teenagers emerged with only back injuries, abrasions and cuts and after being taken to a local hospital and treated, were back home within hours. Since the accident, an investigation has been launched, the ride has been closed and there are reports that the owners will face charges.

It’s not just large rides which can cause injury. In December 2009 a teenage girl had a fatal accident whilst driving a go kart at a karting ring. Whilst in the kart the 18 year olds scarf became caught in the engine, which strangled her, leading to her death the next day.

A spokesman from the karting company said the incident had occurred when a member of staff allowed six friends to use the track outside of official opening hours, and that during trading hours strict safety precautions were upheld.

The incidents are not just reserved for guests, as staff at the Disney parks are aware. Recently a cast member working on the Tomorrowland ride at the Magic Kingdom was struck by a guest at the park, which resulted in them having treatment in hospital for injuries. The park have not yet disclosed the injuries other than to say they were not fatal.

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.

This news item is brought to you by specialist no-win no-fee solicitors Oliver & Co who have years of experience gaining compensation for those who’ve made a head, body or neck injury claim.

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Man Wins Over A Million In Fake Compensation Claims

April 19th, 2010

We’ve all heard of No Win No Fee compensation claims, and how they have made claiming much more accessible to those who have suffered an injury through no fault of their own. However not everyone who claims is a genuine victim, and in the last few years there are more and more con artists getting caught setting up compensation claim scams.

One of the worst cases occurred in Manchester and Liverpool, and involved Mohammed Patel staging road traffic accidents and then claiming compensation over a three year period, accumulating 1,600,000 in compensation.

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.

The scam was eventually revealed when a group of office workers in Manchester repeatedly saw Patel having accidents on a roundabout outside their office, which prompted the subsequent investigation and lead to a conviction.

At the end of the investigation it transpired that 24 other men were involved in the ‘accidents’ and compensation claims, but Patel was involved in all of them and was sentenced to prison time.

Scammers like this are not just hurting the insurers, they are also affecting everybody’s insurance premiums, and also endangering the lives of motorists, cyclists and pedestrians in the area.

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

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