Personal injury can happen anytime anywhere

Source:

People Below Zero

The most common form of personal injury often heard about is those experienced through being involved in a vehicle accident. Whiplash and the consequences of this is one of the more difficult to diagnose as there are unscrupulous people who will feign such illness just to get a claim. However there are many more types of persona injury which require much more attention as these claims are not always straightforward or produce instant or obvious physical damage.

People are often harmed by contact with dangerous or defective products – E.g. Children’s toys may be unsafe for normal play and your child will be cut. You may suffer an accident from a home tool or machine which was not correctly constructed or substandard – E.g. a D.I.Y tool may malfunction and you could have permanent damage to a finger or even loss of part of a limb. If you or your family are unfortunate to be one of these victims you will qualify to proceed with a personal injury claim.

However this procedure is not quite as straightforward as a car accident claim where there will already be insurance policies in place. For this type of claim you will have to ask for legal advice as how to proceed, this particular instance is commonly referred to as a product liability claim.

There are four types of personal areas where you may become injured through no fault of your own:

• Consumer products e.g. food, water 
• Medicines and other pharmaceuticals not prescribed by a doctor e.g. dietary aids bought over the counter or online
• Faulty products often mass produced e.g. toys, home fitness or DIY products such as drills, bench saws, hedge trimmers etc.
• Bio-mechanical Devices – e.g. Orthopaedic aids, implants, silicone implants DePuy Hips Time

Limits for making your claim:

It is also important to realise that e.g. in the UK there are time limits set by law; to the time after which the accident/personal injury has occurred in that you are able to make a personal injury claim. This is 3 years but there are exceptions to this time limit for claiming compensation for specific types of claim. An example of this is when a person may have been working with asbestos and many years after is diagnosed with asbestosis. The rule here still applies but in this case the claim must be made within 3 years of the official medical diagnosis of the disease. It is advisable to ask solicitors for legal advice for any type of claim especially in the wake of new medical evidence constantly being produced about the dangers of handling what used to be classed as harmless products but now are known to be dangerous to long term health.

Injured outside the UK?

The laws differ from country to country as to when or if you are entitled to make a personal injury claim. Health and Safety regulations also differ and travelling or living in any country means you must become aware of the laws for injury claims of that country. Holidaying abroad you will be covered to some extent for some personal injury in your travel insurance however it is not always adequate and must be checked. In the case of actually being injured you must immediately contact a legal authority both in the country you have been injured and in your home country to avoid the risk of losing your right to a personal injury claim.

Medical Negligence Compensation Claims

Source: Clearwatersolicitors.com

This is the type of infographic that you'll want to share all over the internet! If you have been the victim of clinical negligence, or if you know someone who has been, you can find all the information you need about making a claim for compensation with this one handy infographic! It's perfect for the victims of dental negligence, GP negligence or malpractice in private and NHS hospitals - in fact, the victims of any kind of clinical negligence can get all the information they need through this single image!

And this infographic isn't just informative, detailed, clear and simple - it is also a pleasure to read! The graphic designers who made it pulled out all the stops, adding exciting and vibrant images, cartoons and cool colour schemes to ensure it's pleasing to the eyes as well as packed with information.

Dealing with questions such as 'which insurers pay out following clinical negligence claims', 'what are the advantages of using an expert solicitor', 'are there any disadvantages of doing so' and 'what is the process of claiming clinical negligence compensation', you'll be sure to be completely informed when you read this infographic! Send it to someone who needs it and do them a good turn.

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A Guide to Filing a Personal Injury Claim

When you are involved in an accident that has caused injuries, you can take the driver at fault to court to seek compensation. The process of filing for a personal injury claim can be complicated and stressful. This article will outline how you can process your claim and hopefully getting compensated for your injuries.

After the car accident happens, the first thing you should do is to contact your insurance company and local police department. The police will investigate the accident to determine who was at fault and they will file a report.  Always request a copy of this report since you will need to use it later.
The next step is to visit a doctor for a thorough checkup. This should be done within 24 hours of the accident, regardless of how severe your injuries are. On the outside, your injuries may not look serious. However, after some months, they can develop into something chronic, leaving you to pay large medical treatment bills. You should also take photos of any wounds that may be visible as a result of the accident. If you don’t go to the doctor within the first 24 hours, some insurance companies may not honor your injuries.

Gather as much evidence as you can about the accident. The more evidence you have, the more likely your claim is going to be successful. Some important things you should record include names of eye witnesses, hazardous road conditions, where the accident took place, the time and date of the accident, the injuries that resulted, damage done to both cars, and lost income as a result of the accident. You will have to provide your existing medical records to ensure you are not being treated for a pre-existing condition.  Make sure your treatment is consistent with the injuries you claim.
When you contact your insurance company and ask them for compensation, they will try to get you to settle fast. These companies are looking to save money and will try to low-ball you. Don't rush for a settlement before you know the costs of all injuries associated with the accident and other factors like income lost from missing work.

To ensure you get maximum compensation, it is advisable to hire a personal injury lawyer to take over your case. However, keep in mind that the lawyer may charge you 33% of your total compensation. Therefore, do the math to see whether the amount of compensation you receive is worth hiring a lawyer.  As a rule of thumb, your “pain and suffering” compensation is approximately 3 times your medical expenses.

The best thing about using a lawyer is that the insurance company is likely to take you more seriously, and will probably give you a higher compensation than if you sought made the claim on your own.

If the case goes to court, the settlement amount for your personal injury claim will depend on what the judge deems as "fair and reasonable", in relation to the injuries that you suffered. This amount will be determined based on your medical expenses and how your injuries affected your ability to work. You are likely to get a higher compensation by using a lawyer. However, it will ultimately be up to the court to decide how much you will get paid.

David Hurley

David Hurley writes for CarAccidentSchool.com, a website that helps people make important decisions regarding car accidents, lawyers and insurance companies.

Why You Should Care about Asbestos in the Workplace?

Image Credited by Rilmac.co.uk

In the office, a majority of your thought process throughout the day involves anything work-related, including how you interact with different personalities you encounter. While all this is in motion, you tend to ignore the subtle dangers posed by health hazards you may not be aware of. In Brisbane and all other parts of Australia, asbestos is still prevalent in some buildings, and it’s not easily identified especially by untrained eyes.

Asbestos 101

The usage of asbestos gained popularity back in the 19th century when builders discovered its fire-retardant properties. It was immediately identified as a staple of building materials, and it was used in most office buildings and homes. Several decades ago, it was discovered that the fibrous characteristic of asbestos led to respiratory diseases, eventually forcing the government to ban its use at the turn of the century. Today, asbestos removal has become one of the demanding industries that keep suppliers busy, in line with the effort of business owners to comply with building codes and regulations.

Diseases related to asbestos

The first documented case of its dangers involved a construction worker who had trouble breathing while tearing down a structure. Asbestos is only unsafe when disturbed, because once the fibres escape to the environment, the people in the room unknowingly breathe them into their lungs. The fibres cling to the walls of the lungs and they settle in, ready to cause damage. As time passes, the lungs lose their functionality and eventually fail, deeming it too late for the person to even think of going to the doctor. Back then, inhalation almost always guaranteed death for the victim.

Workplace incidents

If not identified immediately, asbestos can cause sickness to unsuspecting employees. Pipes and walls could have been constructed with asbestos, and they wear down with time. Respiratory problems are not diagnosed immediately, leading to missing work days and affecting office operations. It becomes even more of a problem because not everyone is aware of how to handle cases involving asbestos-related diseases.

Legal implications

Companies are required by law to keep their premises safe from the dangers of asbestos and the diseases connected to the material. Public liability cases can necessitate long hours of research and gathering of evidence before the case is presented in court. You need to ensure that the corporate firm you hire has the legal expertise and experience to deal with special circumstances such as those related to asbestos.

Non-profit initiatives such as the Asbestos Related Disease Support Society Qld Inc (QARDSS) focus on dealing with any issues regarding the subject, and it’s advisable to contact them regarding any inquiries you have about asbestos. They can also refer you to law firms who can help you build your case.

Asbestos in the workplace is a big issue that is not given much attention in the media, so it’s up to you to keep yourself and family informed of its dangers. Take time to read and research on the subject so that you’re prepared if there is ever a need to resort to legal steps in the future.

Katherine Flowers

Katherine Flowers documents her experiences with various office environments and looks for ways to improve work dynamics. She talked to asbestos lawyers in Brisbane and hopes to help make buildings safer for employees.

The Benefits Of Brain Injury Compensation

Brain injury compensation can be absolutely vital in ensuring that people who have sustained a traumatic head injury can continue to achieve a high quality of life. There are very few injuries that can affect every aspect of a person's life, but a brain injury is one of the most commonplace and apparent.

Frequently, it is only the loved ones of the injured person who realise the extent of the injury and the impact it has had. Often, people who have sustained brain damage do not realise how much it has changed them and they can underestimate how much head injury compensation they deserve, and while brain injury solicitors can help them to come to a realistic assessment, the family and friends of the victim are usually essential.

Recovery following brain injury compensation

It is possible to recover from brain damage, although this usually requires extensive rehabilitation. Children usually recover faster than adults, as a child's brain still retains a level of 'elasticity', meaning they can use other uninjured parts of the brain to compensate for the damage. Adults and the elderly may still be able to recover, but a person's prognosis usually worsens with age. Furthermore, damage to certain 'interior' parts of the brain, such as the brainstem, can be much more difficult to recover from than damage to other parts, such as those that deal with higher functions like reading and speech.

• Compensation for brain injury care

Significant brain damage can often require lifelong care, and even mild trauma to the brain can lead to neurodegenerative diseases, in which cognitive function becomes progressively worse. The injured person and their loved ones may have to undergo huge adjustments to their lifestyle and may have to prepare for the possibility of long-term support and care.

• Head injury compensation considers long-term recovery

Research into brain damage recovery is constantly advancing, and medication or lifestyle changes may help to limit the impact of this kind of trauma. However, potential 'miracle cures' such as stem cell injections are many decades away and patients should expect recovery to only take place in the long-term.

Brain injury compensation can help people to meet the associated costs of recovery and get their lives back on track. It is hard enough to sustain brain damage, but many people who suffer from this injury find themselves falling into financial difficulties and struggling to make ends meet. Brain injury solicitors can help them to protect themselves financially.

What causes a traumatic brain injury?

Traumatic brain injuries are defined as injuries or damage to the brain caused by trauma to the head. However, the initial impact might not be directly responsible for the extent of the injuries. Oxygen deprivation following head trauma can result in the death of brain cells, while clots, bleeding, hypotension and other secondary issues can also lead to brain damage.

Inflammation of the brain is an important factor in many head injury compensation cases. Scientists at the University of Pennsylvania's Perelman School of Medicine found that inflammation can often lead to the development of neurodegenerative disorders many years after the initial trauma. This means brain injury solicitors must consider the risk of a client developing Alzheimer's disease, Parkinson's disease, dementia or other mental health problems, as well as the most obvious immediate impacts on their clients.

The research, which was published in Brain Pathology, revealed that people who suffer mild or moderate trauma to the brain are at a higher-than-average risk of developing tangles and neural plaques, which are strongly correlated to age-related neurological disorders.

What effects will my brain injury solicitors consider?

The brain is an unbelievably complicated organ and the best neurologists are still generally unaware of how it works. Brain injury claims have actually been an essential research tool in the field of neurology - one of the most important test subjects in the field is 19th-century railway foreman Phineas Gage, who suffered a terrible brain injury involving an accident at work that caused dramatic personality changes.

Cognitive effects relate to changes in the ways a victim perceives the world, such as the way they learn, think or remember. Specific regions of the brain that relate to particular cognitive functions may be impacted by trauma to the head, so a victim may find it difficult to perform certain cognitive tasks while finding it simple to handle others.

Behavioural or emotional changes are also commonly seen in brain injury compensation claims. Although it is natural for people to feel anxious or cautious following a traumatic event, brain damage can frequently lead to changes in people's personalities. Phineas Gage's friends and family remarked that he no longer was the same person after he suffered his accident at work - he is said to have turned from a hardworking and polite man to a crude and offensive one.

Communication effects relate to difficulties speaking, understanding conversation or recognising facial cues and other non-verbal speech. It is common for people to understand other conversations but to be unable to hold a conversation themselves, or to be able to speak fluently but unable to follow what other people are saying.

When making a head injury compensation claim, it is important to deal with a brain injury solicitor who understands all these factors. Solicitors must understand the impact that brain damage can have for loved ones as well as for the victim.