Claiming Compensation For Whiplash

Whiplash claims are some of the most common that are made following a road accident. Drivers and passengers can find themselves missing days at work and much needed wages through being incapacitated in an accident that is not their fault.

In situations such as this, it is a person’s right to make a compensation claim. Not only will it help the sufferer through a difficult time, but the knowledge that irresponsible driving could lead to a compensation payout acts as a deterrent to dangerous driving on our roads.

Whiplash is a soft tissue injury which occurs in the neck, usually after the head has been jolted forwards causing a sudden extension of the neck muscles. Neck pain sustained as a result of whiplash may be present immediately after an accident, or can begin a few days afterwards.

The most common whiplash claims are made for neck injuries sustained as a result of a road accident. Although your body is restrained by a seatbelt during a crash, your head isn’t. The “whiplash” effect is a sudden and unexpected movement to your neck, which occurs on impact with another vehicle. Other causes of whiplash include strong blows to the head or through long term repetitive damage to the neck.

Some people make a quick recovery but for others the pain and restricted movement caused by whiplash, can be long lasting.

Symptoms of whiplash include headaches, pain in the neck, shoulders and arms and dizziness. In severe cases, symptoms can include memory loss, problems concentrating, tinnitus (ringing in the ears) and depression. It is always advisable to visit your GP if you feel you may have suffered a whiplash-associated injury so that they can recommend the best treatment for you.

Due to the unpredictable nature of recovery from whiplash injury it is very important to get independent legal advice to see if you’re eligible to make a whiplash claim. National Accident Helpline can put a victim of whiplash in touch with a specialist injury lawyer who will arrange an independent medical diagnosis of your injuries and likely recovery. Whiplash claims can then be properly valued and fair compensation can be assessed.

Some insurers may be quick to contact claimants directly to make an early offer to settle whiplash claims. But make sure you insist on getting independent legal advice before agreeing to any settlement.

A compensation claim can help insure that fair and appropriate compensation is received. It is important that anyone making a claim feels comfortable with the process – they should make sure that they work with a solicitor that understands what they are doing and can help to keep the process stress free. Someone who has suffered an injury has enough on their plate!

National Accident Helpline have been working in the no win no fee space for 15 years, helpling thousands of people make an accident claim for their personal injury.

Personal Injury Catastrophic Injury Los Angeles

In any organization across the world, there is one golden rule: “rewards are paid commensurate with risk”. Many industries across the globe deal in activities which may be hazardous to human life and functioning. With the advent of science, these hazards have been minimized but not totally eliminated. However, not every industry protects its workers from hazardous processes because every organization exists only to make profits. It is the workers who face the heat of this apathy towards the need of workers’ compensation mechanism.

So, does your organization provide hazard protection mechanisms to its workers? Are wrongful acts caught in your organization? Is the organization fair to its workers? Is there a culture of abiding by the rules of conduct and labor laws in the organization?

It is not rare that organizations, purely for their profit motive, shy away from fulfilling their duty towards their workers. It exposes workers to undue risks, does not guarantee them sufficient rewards for hazardous activities and provides no redressal forum to put across a grievance. Injured workers are not compensated with allowance, no danger prevention activities are carried out, allowances are denied after receiving the output, jobs are terminated wrongfully and without any notice and many such issues are parts of a worker’s daily life. It is extremely difficult for workers to deliver in an environment like this.

Above all, there is extremely poor awareness amongst workers about the possible compensation for wrongful acts and lesser awareness about the medium to get this compensation. This gives the organizations more latitude for violating laws and hiding them under the carpet.

In situations like these, we provide a voice to the workers faced by the problem of compensation. We make sure your grievance is completely resolved and you get a satisfactory benefit for your loss. You can count on us for any sort of advice, guidance, support and remedy for the workers’ compensation issues. We have motivated and dedicated set of lawyers who are committed at giving the clients, the best possible settlements in the least possible efforts. We deal in workers compensation issues like unfair death during work, breach of labor laws, catastrophic injury at work, sexual harassment, labor disagreement, insurance bad faith, wage disputes, unnecessary exposure to hazardous materials and its likes. With our lawyers by your side, you can be assured of a fitting settlement for you.

We are focused towards building a rightful work culture and a healthy work environment.

Ramin R. Younessi has been working diligently and successfully in Southern California to obtain the highest settlements for his clients.
http://www.thelegaldefender.com/workers.htm

Why an Insurance Company isn’t Enough

Drivers are required to carry automotive insurance, and most assume that is all they need in the event of an accident. However, the insurance company is not going to be the supportive entity that works with you to resolve accident claims as quickly and smoothly as the insurance ads depict. There are times when additional help will be needed to ensure that the insurance company of the responsible party provides the full compensation that the accident victim needs and deserves.

Business First

If you are the victim of an accident, it is important to remember that the purpose of the insurance company is not to help you through your difficulty. Insurance companies, like other businesses, are designed to make money. If they are paying out generous claims to every policy holder who gets injured in an accident, their profit margin is going down. That’s why it is the job of an insurance company adjuster to find ways to pay the least amount of money on each claim that passes across their desk. They may try to convey a spirit of concern and helpfulness as they are dealing with you, but the truth remains. Insurance companies are a profit driven business that makes money by paying out as little as possible.

The Advantage

Because insurance companies want to keep their profit margins high by paying less on claims, the employees that work for the company are well trained in methods that will do just that. These people are savvy to using comments made by victims to build their case and minimize their liability. Those seemingly casual conversations that you have with an insurance company representative may provide plenty of evidence that will work to their advantage. The victim does not have the same benefit of knowing how those conversations may work against them, and may inadvertently say things that will hurt their case in the long run.

Access

Insurance companies also have access to information – and lots of it – about you, the accident and how to use the law to their greatest benefit. The victim does not enjoy the ability to collect such information, since he does not have a large corporation backing his cause. There is plenty of information that might be used against an accident victim to reduce the amount of his compensation, and insurance companies can find it all.

If the cards are stacked against an accident victim when it comes to collecting a fair claim, what is the solution? An experienced personal injury attorney can work with the insurance company and the courts on your behalf to ensure you get the settlement you need to recover from your injuries and move on with your life. This professional knows what type of compensation you might be entitled to, and will use the proper tools to get the insurance company to pay their fair share. If you have been injured in a car accident, don’t try to negotiate with the insurance company on your own. Contact an experienced personal injury attorney today.

Disclaimer:  This article provided by Abrahamson, Uiterwyk and Barnes of Tampa, FL.

Types of Personal Injury Cases

When one considers a personal injury case, the first type to come to mind is often a car accident. However, there are many different types of personal injury cases, and they will vary in the types of settlements that can be received. If you are injured physically or psychologically through the negligence of another person or company, you may be entitled to a settlement that includes medical reimbursement, money to make up for lost wages, and compensation for pain and suffering. Understanding the types of personal injury cases may give you a better understanding of the sort of case you will be pursuing and the size of settlement that you are entitled to.

Fault Finding
The first method of categorizing personal injury cases is through analyzing the reason for the injury. Some personal injury cases are called intentional tortes, which are those that are the result of willful actions imparted on the victim. Strict liability tortes are another type of personal injury case that is the result of a defective product. Finally, negligence is the most common torte used in personal injury cases, and this one involves the infliction of injury due to the failure to prevent an accident from occurring. In most cases, these personal injury cases are brought against and individual or company by the victim, but if the victim is a minor or has died, the case can be brought by a third party on the victim’s behalf.

Reasons for Filing

There are many reasons besides an automobile accident for filing a personal injury case. The injury may take place on the job, through exposure to dangerous toxins or an unsafe work environment that might cause a serious fall. It could occur on a neighbor’s property with a dog bite by the next door neighbor’s pet or a slip and fall on the sidewalk in front of his house. Personal injury could also be caused by a defective product, medical malpractice or nursing home abuses.

What is at Stake

If you decide to file a personal injury claim, there are two factors that must be considered. The first is the damages that describe the extent of the injury or loss. Damages can incorporate the medical, physical, emotional and mental pain and suffering that is incurred from the injury, as well as loss of income, schooling and training. In addition to determining the extent of damages that were incurred as a result of the accident, liability is another consideration to make. Liability involves the extent of responsibility that has contributed to the victim’s injuries. More liability may mean a bigger settlement.

By understanding the different types of personal injury cases, a victim learns that he has many choices and much versatility in the area of personal injury. However, that also means that this area of law can get confusing for the average person who has been injured through no fault of his own. That is why an experienced personal injury lawyer is invaluable in helping a victim seek a fair settlement and get the compensation he deserves.

Disclaimer: This article provided by the law office of Frank Eidson of Orlando, FL

Perspectives on Personal Injury Claims

Auto accidents are the most common type of incidents giving rise to personal injury claims requiring the hiring of a personal injury attorney. Besides auto accidents there are other common accidents which include bicycle accidents, motorcycle accidents, truck accidents or even boat accidents all of which can result in severe personal injuries and death.

Failure to exercise reasonable care in the operation of car is the primarily reason why car accidents occur. Irresponsible driving is the main cause of auto accidents all over the world, but not all countries have personal injury laws to protect the injured. Drivers of vehicles have a responsibility obey the rules of the road and to exercise care and adjust for changing conditions such as changes in the weather. Failure to act reasonably results in injury to some innocent people who suffer and whose lifestyles are suddenly compromised.

Serious injury can occur when auto collides with a bus, car, or truck. Some serious injuries result when an auto hits a pedestrian or a cyclist. In both the cases the parties can get injured and both may have suffer consequences.

To determine which party is responsible for the accident a personal injury lawsuits is usually not required. The case is taken to court to make a determination as to the extent of fair and just compensation. The party held responsible for the mishap generally has to pay to compensate the other for all the damages including pain and suffering, loss of income, medical bills, and property damage. .

Damages can be to the body, the mind and to physical property damage. The vehicle of the victims might be damaged beyond repair in which case the fair market value of the vehicle has to be paid. When the victims are suffering from severe injuries there is often a job loss or reduced income. Injured persons need medical care which can be very expensive. The compromised lifestyle might also be stressful and depressing; so the victims suffer from mental stress and trauma. All these damages are reduced to a dollar sum and compensation is paid in money. Monetary compensation is intended to put the victim back to where he should have been if the incident had not occurred.. This is an effort to help the injured return to their normal lifestyle.

To insure all rights are protected and the optimum compensation is obtained the personal injury victim should consult with a personal injury attorney. The personal injury attorneys should be licensed to practice in the state where the incident occurred. If the accident occurred in San Diego County California, then a San Diego Personal injury attorney should be retained, even the injured lives in Nevada.

Following the car accident the personal injury claimant should take several steps to protect his rights.

When the injuries are severe there is not much the victim can do, but others can and should immediately call for an ambulance. The police should be called next and the events leading to the injury should be recorded.

If a camera is available or a store where a camera can be purchased pictures should be taken of the location of the vehicles, skid marks, and the injuries to the injured. In many instances there is no immediate bruising or bleeding. Most injuries are not visible to the eye, but some fractures cause severe distortions of the limbs and those should be photographed. This type of evidence can lead to a much better and much quicker resolution.

Collect contact details of witnesses. Occasionally a case can be successful or fail because of a lack or availability of witnesses. This is especially true when the claim is that one of the parties ran a red light.

The injured should consult a personal injury attorney as soon as possible. Not having a personal injury attorney can lead to problems with proving a case and with obtaining fair compensation. Also there are instances where the statute of limitations is very short.

Speak to a San Diego personal injury attorney today San Diego Personal Injury Attorney

Getting Fair Compensation For A Wrongful Death Claim

Wrongful death attorneys are helpful in defending and in asserting your rights in wrongful death matters. In a wrongful death claim the family of the deceased will claim that the deceased died as a result of negligence or other liability on the part of the defendant. The surviving beneficiaries and dependents are entitled to monetary damages because of the defendant’s actions and conducts.

Wrongful death law describes the rights and duties of the respective parties. The laws pertaining to wrongful death seek to provide financial compensation to the heirs of a deceased, when the death was caused due to negligence, omission, wrongful acts or default of another. Meaning the laws seek to compensate the heirs when someone failure to act reasonably caused the death of the deceased or was a substantial factor in bringing about the death of the deceased.

As in most wrongful civil conduct there are no federal statutes for wrongful death, so each state has made its own set of civil wrongful death statutes and the laws vary from state to state a little bit. Compensation depends on several factors, such as the age of the deceased, the income the deceased earned from all sources including activities other than work. The greater the income the greater the claim. The younger the deceased likewise the greater the expected life time earnings. There are no exceptions for children, but the compensation is often lower because they are not expected to earn any income. There are also other factors such the involvement of the deceased in everyday activities with the survivors. A recently separated spouse would likely be entitled to less than a spouse that had just renewed her wedding vowels.

Wrongful death can be caused in many different ways including medical malpractice which results in the deceased’s death, neglect or abuse on part of the staff at a nursing home, as a result of a car accident, a bus accident, a train accident, a plane accident, a boating accident, and numerous other accidents. The issue is always whether the defendant did something wrong.

The spouses and the children of the deceased may file wrongful death lawsuits, and if there were not children or spouse, then other immediate family members may file suit. They heirs are entitled to monetary compensation to make them whole for the damage they suffered.

The compensation can includes loss of support, society, companionship, and also medical and funeral expenses and services.

To initiate a lawsuit there are time limitations which vary depending on the specific circumstances leading to the death and the specific state where the death occurred.

A grieving family is not likely to think about making a wrongful death claim, but unfortunately the law works against those that wait. A wrongful death claim is a very serious matter and the heirs should consult with an attorney as early as possible. In some cases consulting with an attorney after six months have elapsed may be too long. It is advisable that potential claimants consult with an attorney as soon as possible.

Speak with a San Diego Personal injury attorney today San Diego Personal Injury Attorney

Did You Suffer a Mild Brain Injury

Apparently minor trauma to the head can lead to brain damage that can have a profound and debilitating affect on person’s life. Mild head trauma can leave the victim feeling outwardly unaffected and often the brain damage goes unnoticed. In many instances the brain damage is either left untreated or mis- diagnosed. Analyzing the brain function is a complex process and it can be difficult to ascertain the long term effects of the brain damage immediately after an accident. This is especially true there when there appear to be no obvious short term affects on the victim’s health and when there is physical manifestation of the brain injury.

Brain injuries are usually categorized as mild, moderate or severe with the diagnosis depending on various factors. The factors used to diagnose a brain injury include loss of consciousness, whether there is a loss of memory; whether there was any noticeable neurological damage such as loss of motor coordination, loss of sensory perception; or loss or affected speech. Moderate and severe brain damage are usually accompanied with symptoms evident in the immediately after an accident. Mild brain damage can be more difficult to diagnose.

Unfortunately mild brain injuries go untreated and often lead to long term or lasting effects on the physical and emotional well being of the injured. A major problem with diagnosis is that the symptoms may appear to be completely unrelated to the initial brain injury. There are many possible manifestations of the brain injury. The physical effects of brain damage can manifest in a stiffness in muscles, muscle weakness, dizziness or difficulty with balance, falling over; clumsiness, migraines or headaches, tiredness and fatigue, seizures, loss of sight, loss of hearing, loss of speech, stuttering.

Mild brain injury could also lead to cognitive deficits, loss of memory, confusion and difficulty in retaining attention, a slow down in processing information, loss of the ability to read, loss in the ability to write, loss of hand eye coordination, loss in the ability to make sense of objects and the relationship between objects.

Mild brain injury can also lead to emotional difficulties such as becoming irritable and tense.
The injured may also see mood swings, or laugh or crying at inappropriate moments and at inappropriate things. Someone with an untreated damage causing emotional problems may even begin to act odd or unexpected in social situations.

There are statute of limitations which impose a time limit to make a personal injury claim. There are different time limits for each person depending on the specific situation which could range from six months to several years, but it would be risky to wait more than a few months to consult a personal injury attorney. There are simply to many different situations and too many factors affecting the time limits to file a lawsuits. When the brain injury is severe enough there may a tolling of the statue meaning the statute is extended, but the injury has to be so severe such that the personal injury victim cannot take care of himself or herself. In which case there has to be someone appointed to file a lawsuit on behalf of the victim, but many instances of mild brain damage do not result in such extremities.

Following an accident the victim should speak with a personal injury attorney to insure a claim is timely filed. A personal injury attorney can be instrumental in assisting obtain optimum compensation for your case.

Speak with a San Diego Personal injury attorney today San Diego Personal Injury Attorney

Different Aspects of Personal Injury Laws

Personal injury laws are defined at state level. A panel of judges and the members of legislatures sit together to create, modify and amend the laws. Personal injury law of one state may not be the verbatim copy of that of another state; personal injury laws of California may not be same as that of Florida.

However, state laws share a lot of similarities as well. While defining personal injury laws, generally three torts are taken under consideration – international torts, negligence torts and strict liability torts.

Three Torts in Personal Injury Laws:

International torts deal with the cases in which the offenders are aware of the consequences of their actions while committing it. The action is intentional. Assault, household physical and mental abuses and workplace bully fall under international torts.

Negligence torts consume the lion portion of personal injury laws. Most personal injury lawsuits are based on negligence torts. The law makes it compulsory for all the citizens to act responsibly and reasonably that any other person would do if placed in similar situation. Simply put, everybody should behave rationally and sensibly so that others do not get affected for their behavior.

For example, a reasonable person would always take steps to remove traces of oil, water or grease from the floor which accommodates a lot of people everyday. Now, if a restaurant owner fails to do so and anybody slips and falls on the floor, the owner is held responsible for negligent behavior under negligence torts. And you can sue the owner in Florida for compensation under the guidance of personal injury lawyer Florida.

Strict liability torts deal with a different type of behavior. Here, if the behavior of one person does any harm to another, the victim can sue the offender under strict liability torts. Because his actions injured someone else, the defendant is held guilty. Points like whether he was aware of the consequences or he was not able to conform with normal standards are not at all considered.

Personal injury laws for malpractice:

Apart from torts, personal injury laws in America protect the citizens against professional malpractice. Medical malpractice and professional malpractice laws have been introduced to stop unethical and wrongful actions of professionals including medical practitioners.

Personal injury laws also deal with product liabilities. This section entitles consumers sue the manufacturer of a defective product which caused damage and injury to the users. When a person buys a chair from a furniture store and falls from it while sitting because the legs of the chair were broken, the consumer can sue the furniture store or the manufacturer for compensation.

And there is a part of personal injury laws that deal with transportation laws. Automobile, rail road, maritime and aviation accidents cases use this part of state personal injury law.

How to make full use of personal injury laws:

To make full use of the personal injury laws, you need to understand the section that best suits your case. You have to decide whether negligent tort or the transportation law is the right ground for your compensation claim case.

Feeling lost? Do not panic. It is quite difficult for general people. So take help from personal injury lawyers of your state. State attorneys know the state personal injury laws better than anyone else. If you are from Florida, seek help from Florida attorneys to get your compensation claim filed in Florida court of law.

Ft Lauderdale Personal Injury Lawyer Boone and Davis. Find out more top Florida Lawyers and get latest legal advice.

Your Options After Personal Injury Or Accident

Life seems to stand still after a devastating accident that leads to severe injuries. Accidents come all on a sudden without giving you the slightest clue. Those gifted with sixth sense might smell the incident in advance, but that’s a different issue. The truth is: most people face it on the spot and are simply taken by the situation.

The subtleness often makes people indecisive. Quite natural! Pains and sufferings make the victims so much compromised that they cannot think anything other than medical care and treatment. Mental trauma adds to the suffering.

It is needless to mention that the family members of the victims, who were present at the accident spot and those who were not, become clueless on what to do next! Medical attention, reporting to the police, repairing damaged car, arranging money for treatment, reduced family income as the injured person becomes unable to go to work after accident, family responsibilities and monthly bills – all the things should be taken care of.

Did I miss something? Legal guidance! The most important thing one should look for after personal injury or accidents. However, people often miss this essential part after accident and get busy with other things. However, this single step can solve a lot of problems.

Local personal injury lawyers help victims get all their damages compensated justly. And you get the money when you need it most. Why should you suffer for the irresponsible behavior and negligence of someone else? The guilty party should pay for what they did. And that is what personal injury lawyers make possible. If you are a Florida resident, visit Florida lawyers for help.

Once you seek help from senior personal injury lawyers, they file your complaint in the court of law on your behalf. The case goes for trial where you get a platform to describe what happened to you and how much you have been suffering for the fault of a third person who you may or may not know.

Your lawyer teaches you how to face the trial. Experienced personal injury attorneys can anticipate how the case might go and on what ground opponent’s lawyer might catch the victim. Competent legal professionals prepare the plan of action in such a way that brings victims success and right compensation amount.

So go under the shelter of law and establish the truth. Take help from senior attorneys of your state and get sue the offender. It is your right; apply it. If you are deferring because you cannot pay attorney’s fees, rest assured that most personal injury lawyers and law firms do not charge any fees unless the case is won. At successful completion, the lawyer collects his or her fees from the compensation amount. If the case is lost, which is highly unlikely, all the fees are waived. Car accident victims in Florida should consult car crash lawyers Ft Lauderdale to get their damages compensated.

Ft Lauderdale Personal Injury Lawyer Boone and Davis. Find out more top Florida Lawyers and get latest legal advice.

Personal Injury Cases – How the Legal Process Goes

Wrongdoings of anybody that result in damages for others can be reported as civil wrong and legal action can be taken against the offender. The victims can claim compensation for their damages.

Law that deals with personal injury is known as Tort Laws. Tort laws are used to define civil wrongs legally; the law is further used as the base of personal injury lawsuits. All the states in USA have personal injury laws to protect citizens from the wrongdoings of individuals and organizations.

Personal injury laws may vary from state to state, they share a lot of similarities too. Main objective of personal injury law is to protect the citizens and help them get compensated in case they experience any damage because of someone else’s fault and negligence.

Personal injury victims often seek help from personal injury lawyers. Lawyers help the victims understand their options and guide them on how to get their grievance filed in the court of law.

As mentioned before, personal injury laws may vary from state to state. Therefore, consult a lawyer of your own state always. State lawyers have better knowledge of state laws and hence, they can offer victims a vivid idea about their options after reviewing the case in the context of state laws.

So California resident should consult California personal injury lawyers and Floridians should see personal injury lawyer Florida when they fall prey to any form of personal injury. It is their right.

People often fail to realize that their case goes under tort and they do not take any action; just blame their fate for the mishap. Well, that’s not going to help much. People need money to recover. Medical care, property damage, reduced income, job loss and mental stress should be optimally compensated; otherwise it may take long for the victims to get back on to the normal track of life.

So act promptly. Whenever you, your family members or any of your acquaintances become victims of personal injury case, do not be late to consult a lawyer. Remember the SOL clock starts ticking from the day of accident. Once SOL expires, your genuine claim loses its validity.

Let’s take the example of Florida. In Florida, SOL for personal injury cases is 4 years. You should take action within 4 years of the date of accident. Once this 4 year time span is over, your claim goes outdated. However, that does not mean you should take legal step on the fourth year! Consult Florida lawyers as soon as possible.

While consulting a lawyer look for someone who is specialized in personal injury cases. Rest assured that there are lawyers and law firms all over the country who are experts in this field. With years of experience in handling different types of personal injury cases like car accidents, slip and fall, pesticide exposure, dog bite, spinal cord injury, brain injury or wrongful death, personal injury lawyers can help victims pursue the best possible path to win the case.

A competent lawyer also helps to receive just compensation for all their damages. Do not be late to see your lawyer once you go through any form of personal injury. They help you apply your rights and get back to the normal life.

Guaranteed Do Not Pay Until You Win with leading Ft Lauderdale Personal Injury Lawyer Boone and Davis. Find out more top Florida Lawyers and get latest legal advice.