Articles Posted in Uncategorized

Early in August of 2018, a surgeon from Lancaster won a settlement for his unfair dismissal from National Health Service (NHS). The surgeon claimed his dismissal was retaliatory after he served as a witness for several medical malpractice cases brought against the facility. While technically viewed as a whistleblower case, the surgeon’s situation shows the importance of having witness statements when pursuing a personal injury or malpractice claim. Often having the statement of one person can make a large difference in how your case is viewed. Once you understand how valuable witnesses testimony can be, you can consider why getting witness statements as quickly as possible is crucial.

People Quickly Forget Details

When an incident first occurs, it stands out vividly in the mind of the observer. As time goes on, it becomes harder to remember exact details no matter how memorable those details initially seemed to be. Studies have shown that it takes only a few seconds for a person to forget 15% of an original memory. Knowledge leaves the short-term memory quickly, making it harder for your witnesses to remember everything correctly as more time goes on. The best way to protect the knowledge that they hold is to get your witness to record a statement as soon as possible. Not only does having the statement in writing help you, it also serves as a memory cue helping your witness correctly recall events after a long period of time has passed.

After being involved in any type of accident that leaves you or someone close to you injured, it is natural to want to resolve things as quickly as possible especially in regards to financial compensation. Unfortunately, some people who are hoping to quickly settle their claims make critical mistakes that leave them unable to be reimbursed for medical bills, lost wages, and other damages. It is possible to recover from certain small mistakes, but there a few mistakes that make it almost possible to collect on a valid claim. Being aware of these top personal injury claim mistakes may help you and those closest to you avoid making an error when pursuing your own claim.

Never Give a Recorded Statement

Early in the claims process the adjuster handling the case may ask you to give a recorded statement. The statement is usually presented in such a way as to make it seem as though unless you give a statement, your claim will not move forward. Not only is this untrue, giving a recorded statement to the at-fault party gives them an opportunity to get you to make comments that can be construed as you accepting fault or otherwise admitting responsibility. Never forget, claims adjusters have years of experience interviewing sick or hurt people in a manner that allows the adjuster to lead the conversation in a direction that most helps their employer.

Each year thousands of people find themselves in court battling insurance companies to receive compensation for personal injury claims. While some claims are successfully settled without either party entering a courthouse, there are times when a company is determined to avoid admitting wrongdoing or making payment to an accident victim. One of the best ways to protect yourself from a company attempting to challenge your claim is by gathering evidence that supports your case. Having the type of evidence you need for your personal injury claim to be seen as valid will reduce your chances of having your case dismissed or not taken seriously.

Reports

Official reports that were completed at the time of the incident are some of the most important pieces of evidence in your claim. Not only do they establish when and where the injury occurred, they also show that the person or organization responsible for your injury was made aware of the incident. Useful reports include police reports completed by officers responding to the scene of a traffic accident, incident reports filled out by supervisors or managers at a business, workers’ compensation incident reports completed if an employee is injured, and even initial reports made by paramedics responding to the scene.

Prior to introducing a product to market, companies must be sure that their products do not pose risks to their consumers. The average manufacturer completes a lengthy risk assessment process to ensure that their customers are protected, but sometimes products are released and used that are significantly dangerous. When this happens and a consumer is injured by a defective or dangerous product, a product liability claim may be initiated. There are three common types of product liability claims, and being aware of them could help you determine whether your situation could be grounds for a claim against a business.

Inadequate Instructions or Warnings

Companies are expected to provide their customers with clear instructions and appropriate warnings regarding the use of a product. This expectation is especially important when a product poses a danger or risk that is not immediately obvious to the average user. Failure to provide a warning could result in a claim. Scenarios that could lead to a claim based on a company’s failure to warn or instruct include:

When motor vehicle accidents are discussed, most people only focus on accidents that occur between two drivers or one driver and a non-moving object. While these accident types are dangerous, the conversation leaves accidents involving pedestrians often overlooked. Each summer the number of pedestrians struck by vehicles increases sharply, especially in areas that are home to major tourist attractions. Pedestrian-related motor vehicle accidents have a higher chance in ending with a fatality, making it important to learn what causes these accidents so that everyone sharing roads and walkways can prevent them from occurring.

Age

The Centers for Disease Control and Prevention (CDC) has compiled data on pedestrian traffic accidents that occurred throughout the United States. The data shows that age plays an important role in motor vehicle accidents involving pedestrians. Approximately 19% of all pedestrians killed were at least 65 years of age and one fifth of all pedestrians killed were under the age of 15. A lack of awareness and less visibility caused by having a smaller physical profile can increase a pedestrian’s risk of being hit by a vehicle.

When motor vehicle accidents are discussed the focus is usually on collisions between vehicles. While the number of car accidents throughout the United States has grown at an alarming rate, few are aware of the rising number of cycling accidents. Cyclist deaths currently account for 2.4% of all motor vehicle related fatalities. Approximately 75% of these fatalities occur in urban areas with most accidents occurring between dawn and dusk. As the number of injuries and deaths continues to increase at a steady rate, it is important to learn about the overlooked reality of cycling accidents.

Cycling Accident Causes 

The most common and dangerous type of accident a cyclist can get into is a collision with a car.  Since the profile of a bike is even smaller than a motorcycle (another mode of transportation prone to accidents), the driver of a larger vehicle is less likely to notice the cyclist. Most accidents occur when a driver makes a left turn into the path of a cyclist that he or she did not see. Cyclists are also injured when drivers attempt to pass a cyclist on the left and misjudge the distance, causing the driver to veer directly into the cyclist’s path. Drivers suddenly opening car doors or misjudging the distance between their vehicle and a bicycle in front of them also accounts for many collisions.

With new tax laws coming into place, there has been a lot of speculation over how and when settlements will be taxed. It is important to know just how taxation of lawsuits is handled, so that you do not settle your injury case and end up with a large tax bill at the end.

What is and in Not Taxable

First, as a general rule, settlements or verdicts that compensate you for losses as a result of an injury are not considered taxable. Of course, there are exceptions to everything, and this is no different.

Hearsay is probably the best known trial objection by the general public. Hearsay is the subject of courtroom dramas, and cited by arguments among laypeople. Now, a recent Maryland injury case has expanded the kind of records that can be admitted in a Maryland injury trial, even if the records are otherwise hearsay.

Defendant’s Expert Uses Hearsay Medical Records

The case deals with issues that are common to Maryland injury cases – whether the injury that the victim sustained is actually caused by the accident or by something else. In this case, the Defense argued that a longstanding pre-existing injury to the victim’s shoulder was the culprit.

Take the stairs, they tell you. It is a healthy alternative to elevators or escalators. What could possibly go wrong? Hopefully, nothing, but it is worth noting that according to a study published in the Journal of Emergency Medicine, over one million people yearly are injured on or in stairwells.

Study Highlights Stairway Injuries

The very young and the older population are most likely to be injured, but most hospitals report that people of all ages sustain injuries while taking the stairs.

In many cases, damages that a personal injury victim can recover include those items that do not have a dollar figure attached to them. These are damages that recognize that human suffering is compensable, even though there is no bill attached to it. 

Non-Economic Damages

You may already know that traditional non-economic damages include things like pain and suffering, loss of enjoyment of life, anger and anxiety, or mental anguish. They can even include the loss of or damage to personal relationships, such as the changes that a spousal relationship might undergo when one spouse suffers a serious disability due to an accident.

Contact Information