Commonly, the first question which gets asked is that of time. How much of my time will making a compensation claim take up? The short answer is: very little. The reason for this is that the compensation claims process has been streamlined in such a way so as to make it as easy as possible for the person claiming. This way, claims specialists and solicitors can make sure that they don’t miss out on clients that have little free time. What’s more, is that the majority of cases are handled in out-of-court settlements, meaning that the amount of time spent on a claim by the claimant can be under an hour in total.

The second most common question is with regards to money. How much compensation should I expect? The two determining factors in this question are usually how badly the incident has affected your life, and how much blame is to be placed on the shoulders of the offending person or organization. So for example, if you were partially responsible for a personal injury which did not affect your life too greatly, then you could expect less than if you could be held not at all responsible for a personal injury which affected your life greatly. For more information on amount of compensation expected for personal injury sustained in a road traffic accident or more information on any other type of personal claim, head over to My Compensation using the above link.

We hope that this article has helped in your decision on whether or not to make a claim. If you’re considering making a compensation claim, we recommend calling a claims specialist to discuss the matter further for a free consultation. It’s important to bear in mind that many work on a no win no basis, so if for any reason your claim is not successful, then it won’t cost you anything.

About Author:
Jim Loxley is a director over at My Compensation, a claims specialist based in London and covering the United Kingdom.

Positive Side Effects

1. If you experience a life-altering accident, your perspective on life may change. For example, if you escape death in a serious accident, then you may start appreciating life every day. If you experience a small accident, then you might develop a deeper perspective on the important things in life. For example, if you suffer from a minor injury that leaves you temporarily on crutches, you might appreciate your strong, healthy legs, which will eventually recover.
2. Depending on the accident, you may need time to fully recover. With an injury settlement, you can time off from work and rest. If you are usually very consumed by your job, this time off can be the perfect chance to catch up with your family and friends.
3. Many accidents can be handled through insurance settlements. For example, if you experience a car accident, your insurance company may compensate you for property damage, past and future lost wages, reimbursement for medical expenses and physical/psychological pain and suffering.

Negative Side Effects

1. Sometimes, after a traumatic experience, there can be lasting effects that you need therapy in order to fix. For example, a bad car accident may cause you to experience PTSD (Post Traumatic Stress Disorder).  You may also experience depression or resentment. If these feelings are not sorted out, you might isolate yourself from others to cope with the trauma.
2. Depending on your insurance company, medical coverage may not be guaranteed. For example, if you have been in a car accident, you should review your motor vehicle accident insurance policy as well as your non-automobile insurance policy before you make an auto accident claim. In order to know your total expenses, you need to find out if your insurance requires that you pay back medical payments. Also, you need to know if they cover any time off from work. If they do not cover you, then you can add these expenses to your auto accident claim and hope to gain back the money in rewards.
3. In order to have a successful injury settlement, you need to have excellent documentation. It also does not hurt to have good legal records. If your record implies that you have a reputation of acting carelessly and taking risks, then your chances of getting compensated are slim.

Personal injury settlements are calculated by adding the total economic and non-economic damages. In order to settle out of trial, they negotiate payouts with the defendants. The average personal injury case involving medical malpractice with severe injuries, often settles for 300,000 dollars to 1 million dollars. Auto accident claims, which include serious injuries, may settle for 20 to 30 thousand dollars. On average, small injuries resulting from a slip or fall may result in a settlement of 2,000 dollars. In addition to getting compensated, injury settlements can help you recuperate with loved ones, while you wrap your mind around how you will intend on moving forward with your life.

Post contributed by Helen Rymore, a freelance auto accident claim writer, on behalf of Injury Settlement Guide.

In the United States alone, employees reported 2.9 million on-the-job injuries in 2010, according to the U.S. Bureau of Labor Statistics. The UK’s Health and Safety Executive reported 603,000 workplace injuries in 2010 and 2011. Although the incidence rate of industrial injuries varies from industry to industry, employers across industries should understand their obligations when a worker is injured on the job. Following an employee injury, the individual should file a claim with the employer. From there, it is essential that the employer understands its obligations as the employee recovers from the on-the-job injury.

Employer Obligations

Effectively handling an industrial injury claim first requires that employers know how to identify a potential claim. Ideally, employees will immediately report an industrial injury, though laws often give them anywhere from 30 to 90 days to report it. The reason for the injury does not matter; even if the employee is at fault, he or she can file a claim because workers’ compensation is a no-fault system. Employers should recognize any on-the-job injury, no matter how minor, as a potential claim and follow these obligations in the event of such an injury.

Employers first should work to prevent industrial injuries. State and federal organizations, such as the Occupational Safety and Health Administration in the United States, Health and Safety Executive in the United Kingdom, and WorkSafe Victoria in Australia, offer a wealth of materials and guidelines to create safer workplaces. It is the employer’s obligation to distribute such information to its employees to reduce the rates of industrial injuries. At the same time, employers should work with these organizations to ensure regular inspections take place to ensure the workplace is safe.

When an employee suffers an industrial injury, the employer must meet several obligations as outlined by state and national law. When an employee reports an on-the-job injury, the employer should develop a written report of the incident. This report should be filed with the appropriate workers’ compensation insurance office, which will process the report. Should the employee miss work due to the injury, this report will be essential in starting workers’ compensation benefits for the employee. The employer should keep a written record of the incident on file as well. The employer also must provide the injured employee with the name, address, and policy number of the organization’s worker’s compensation or industrial insurance.

Should the industrial injury be serious, the employer must provide emergency medical treatment to the employee. If an employee requires medical attention but refuses it or does not have a doctor to see, it is the duty of the employer to work with the employee to find appropriate treatment for the industrial injury. Some insurance policies require employees to see specific doctors, so it is the employer’s obligation to connect the injured employee to the doctors specified in the insurance policy.

Typically, an industrial injury that causes time away from work results in financial compensation for the injured employee. Employers’ obligations in this area vary widely, however, depending on the organization’s specific policies. Generally, the employee receives a percentage of his or her typical wage or salary if the injury prevents him or her from working. Thus, it is the employer’s duty to work with the employee as well as any insurance agency to remit regular payments to the injured employee. Employers also need to work with employees to pay medical bills associated with the industrial injury. In many cases, workers’ compensation insurance covers these costs.

International Differences

While these obligations are common from U.S. state to U.S. state and from country to country, obligations can vary. Australian law requires employers have workers’ compensation coverage for their employees. In the U.S., workers’ compensation laws are established by states. So, while specific obligations vary state by state, all states require employers to have workers’ compensation coverage to deal with industrial injury claims. U.S-based employers, then, must follow the state-established obligations when an employee files a claim. In the United Kingdom, the Health and Safety Executive provides a web-based form for reporting industrial injuries, the first step in the industrial injury claim process.

Conclusion

Industrial injuries are inevitable, so employers should be prepared for when an on-the-job injury occurs. Understanding their obligations helps employers efficiently handle industrial injuries, ensuring the injured employee receives proper medical treatment and pay for lost time. State and national laws, as well as private workers’ compensation policies, help guide employers in properly managing industrial injuries.

Guide contributed by legal writer Gaynor Cooper on behalf of Injury-lawyers.net.au.

About Author:
Gaynor-Cooper is an experienced writer on litigation matters and consumer advice.

Do’s:

• Take pictures of the accident scene if possible and of your injuries.
• Exchange contact information with the other driver and take down the names and phone numbers of anyone who may have witnessed the accident.
• Notify your insurer as soon as possible of the damages to your property or any injuries you or your passengers may have suffered.
• Review your insurance coverage to determine how much coverage you have and whether you’re covered under multiple policies.
• Be truthful in your accounting of the events of the accident. Failure to do so could invalidate your claim or make it more difficult for you to file a personal injury lawsuit against the other driver.
• Maintain detailed records of your conversations with anyone you have contact with at your insurance company or the other driver’s insurer.
• Keep records of all expenses you pay out-of-pocket relating to the accident, including meals, travel, rental car, medical costs, etc.

Don’ts:

• Never volunteer to give a recorded statement to your insurer or the other driver’s insurance company. If you’re concerned about communicating with the insurance company, enlist the aid an experienced car accident attorney to speak on your behalf.
• Do not release your medical records to the insurance company without first consulting your attorney. Do not sign any waivers or releases of any kind until your attorney has had a chance to review them.
• Do not wait to file your claim. Doing so could result in a denial of your claim and make it more difficult for you to pursue a civil case against the other driver.
• Don’t accept payment for your damages without obtaining legal advice.

These are just a few of the things you should and shouldn’t do following a car accident. Understanding your responsibilities and knowing what mistakes to avoid are key to protecting your legal rights.

About Author:
Nadrich & Cohen, LLP is a national law firm specializing in representing car accident injury victims. For more information, visit http://www.personalinjurylawcal.com.

But rather worryingly, the introductory chapter goes on to say there are some “124,500 people in the UK that have been diagnosed with epilepsy, but in whom the diagnosis is incorrect.” The guidelines state that a diagnosis should only be made by a medical practitioner with expertise in epilepsy. Furthermore, this diagnosis must be confirmed with tests such as an electroencephalogram (EEG), neuroimaging and other forms of assessment. But despite the clear guidance provided by NICE, it seems that many doctors are continuing to make inaccurate diagnoses of epilepsy. This usually happens for one of two reasons:- Firstly, a patient may be diagnosed with epilepsy, when in actual fact they have a much more minor condition. Indeed, a seizure can occur for any number of reasons; there are many possible underlying causes, or it may simply have been a one-off. A misdiagnosis such as this will have a serious impact upon a person’s life, as epilepsy is a condition that necessitates considerable adjustment. For example, it will no longer be possible to carry out certain activities such as driving a vehicle, and anti-epileptic drugs (AEDS) will be administered, many of which have unpleasant side-effects. Additionally, there may be significant psychological injury caused, as a patient will believe he/she is suffering from a condition that is not, in fact, present.

Secondly, a patient may be correctly told he has epilepsy, but the wrong form of the condition diagnosed. There are different types of epilepsy, each of which can vary in severity. This will lead to the wrong sort of treatment being provided, meaning a patient is left unable to control their seizures and symptoms.

Poor Management of Epilepsy: What Should You Do?
If you believe you or a loved one has suffered due to an epilepsy misdiagnosis, you should contact a legal expert regarding to discuss the possibility of making a medical negligence claim. A solicitor who specializes in this area of the law will be able to assess the details of your treatment before advising you upon your legal position. If it is found that you were indeed the victim of medical negligence, you will be able to claim compensation for the harm you have been caused. However, it is important to remember that most claims must be settled within three years of the event (or three years from when you became aware of the negligence), so do not hesitate in seeking a legal opinion.

About Author:
Nicholas Jervis – Solicitor (non-practising) and Managing Director of 1stClaims.

In short, the answer to these questions is yes: if you suffer whiplash on public transport you will be able to make claim and, if you are successful, you will be awarded compensation for the pain and suffering you have endured.

However, consideration must be given to who was responsible for the accident. This is true of all personal injury claims. With the majority of car accidents, it will be relatively easy to apportion blame, as it is usually obvious who was at fault. For example, if a driver goes into the back of another vehicle, he/she will be held accountable. But with public transport claims, liability will often lie with one of two parties:-

1. Firstly, it may be that the person in charge of the mode of transport (be it a bus, train or even a taxi) is responsible. For example, if a bus driver was not driving with due care and attention, subsequently causing an accident in which you suffer a whiplash associated disorder, he/she will be to blame. The bus company for which they work will ultimately be accountable for their employee’s actions, and must deal with all passenger whiplash claims.
2. On the other hand, the accident may have been caused by someone (or something) other than your driver. For example, if another road user was driving carelessly, thereby creating an accident involving the bus you are traveling in, then he/she will be responsible. Or if a train is forced to break suddenly because there is an animal on the line, the owner of that animal will be responsible for your injuries.

Therefore establishing liability is a key aspect of making a public transport whiplash claim. However, what is also essential is that you are able to prove you were there. Thus it is a good idea to exchange contact details with other passengers who can act as witnesses, and you should also keep receipts and tickets to help verify your case.

Additionally, you need to confirm that you are indeed suffering a whiplash associated disorder. That is why you need to seek early medical assistance as soon as you begin to develop the symptoms of whiplash, as this will act as evidence in your claim.

Can You Make a Whiplash Claim?

If you have suffered whiplash while traveling on public transport, you should contact a personal injury lawyer as quickly as possible. You may be eligible to make a whiplash claim, meaning you could be entitled to claim financial compensation for your injuries. A whiplash solicitor will be able to assess your case, helping you to establish whether you are able to pursue legal action.

About Author:
Nicholas Jervis – Solicitor (non-practising) and Managing Director of Whiplash Specialists Loyalty Law

Establishing a Limitation Date

When you make a medical negligence claim, your solicitor will need to establish a ‘date of limitation’ – ie. the day your claim must be settled by. This will be exactly three years from the date you first suspected you were the victim of medical negligence. So if a patient has had the wrong limb amputated, the error would have been recognized soon after the operation. Thus the time limit will start from the date the wrong-site surgery happened.

However, there are some circumstances in which a patient will only realize negligence has occurred some time after the event. For example, if a cancer patient is given an overdose of radiation therapy, he/she may not suffer any symptoms until years later. In such cases, the three years will start from the day the claimant was diagnosed with radiation exposure.

Are There Any Exceptions to the Rule?

Nevertheless, there are some exceptions to the three year rule. Firstly, a claimant who has a permanent mental disability will not be restricted by time limits whatsoever. If this mental incapacity is temporary, the date of limitation will not start until capacity has returned.
Secondly, those under the age of 18 are considered to be minors and are exempt from limitation until they become an adult. This means the three years will only start when they turn 18. Therefore even if the negligence occurred when a claimant was five years old, he/she will have until their 21st birthday to settle their claim.

Can the Time Limit be Extended?

The period of limitation can, in some cases, be extended. However, this will be the decision of the courts, and so you cannot be certain that an extension will be granted.
Rather than rely on the discretion of the courts, potential claimants should instead contact a medical negligence solicitor as soon as they suffer injury. Claims take a long time to prepare, and so the sooner a claim is started the better. Even if you have been the victim of a serious incidence of medical negligence, a solicitor may be unable to help if you leave it too late. Indeed, many will not take a case that is too close to the date of limitation.

If you believe you have suffered because of a substandard level of medical care, you need to speak to a solicitor as soon as possible. Remember, there are strict time limits at play, so do not delay in seeking expert legal advice.

To find out more about pursuing medical negligence claims, contact your local legal experts today

About Author:
Nicholas Jervis – Consumer advocate and adviser to solicitors

Those who sustain a whiplash injury must adjust their lives according to their physical injuries. For example, it may no longer be possible to carry out household chores, look after the children or continue with recreational pursuits such as sporting activities. The debilitating nature of whiplash cannot fail to have a negative impact on a patient’s life. This in turn can cause problems of a psychological nature, potentially leading to irritability, insomnia and depression. Furthermore, it is possible for victims to experience poor concentration levels, memory loss and fatigue. Such issues are especially common amongst those who have long-term complications. As can be appreciated, living with pain and reduced mobility for an extended period of time will take its toll on a person’s emotional state.

Suffering whiplash in a road traffic accident can also result in post-traumatic stress disorder. This is particularly true of children, although it can affect anyone who has been involved in a collision. Symptoms of post-traumatic stress disorder include anxiety, panic attacks, anger issues and eating disorders. A patient may also develop a phobia of some kind – for example, he/she may wish to avoid travelling by car ever again.

Can You Claim for Psychological Injuries?

Previously personal injury claims focused solely upon physical injuries. However, it is now recognised that psychological injuries should also be taken into consideration. Therefore if a whiplash victim has sustained psychological harm, then he/she is entitled to claim compensation for their injury. This will be awarded as part of the General Damages which covers the pain, suffering and loss of amenity experienced by the claimant. Therefore compensation can be sought for both physical and psychological injury.

Seek Advice from a Whiplash Solicitor

If you have wrongly suffered a whiplash injury, you have just as much right to claim for psychological injuries as you do for physical damage. Nevertheless, it is vital to instruct a legal expert. A solicitor who specialises in whiplash claims will be able to instruct a psychologist to prepare a report. This will help to prove the extent to which the injury has affected your life and harmed your emotional state.

To find out how to claim for whiplash. Claim for whiplash, seek a legal expert.

About Author:
Nicholas Jervis

Solicitor (non-practising) and Managing Director of 1stClaims

A DUI and DWI Are the Same in North Carolina

A DUI means driving under the influence. A DWI means driving while impaired. The two terms are interchangeable in North Carolina. You can be impaired by consuming alcohol, certain prescription medication and illegal drugs. The penalties are stiff. Many attorneys who handle these cases are considered DUI attorneys, while some refer to themselves as DWI attorneys. Driving while impaired can mean driving after having imbibed alcohol or having taken illegal drugs such as cocaine. It can also mean driving under the influence of certain prescription medications if they impair your ability to drive. The most important thing is to find an attorney who is familiar with the most current laws in North Carolina and how they affect your DUI/DWI case. An experienced North Carolina DWI attorney can help you protect your rights during this difficult time.

DWI and its Consequences

When you are stopped for a suspected DWI, you will likely go through a sobriety test or tests to check for alcohol or drugs. North Carolina is an implied consent state, which means that in order to drive, you are giving your consent to be tested for alcohol or other substances if you are suspected of drunk or impaired driving. The officer can test by breath, urine or blood samples. If you refuse the test, you will lose your license for thirty days. After this initial suspension, you are entitled to a hearing, and you risk losing your license for one year in addition to the thirty days if you lose the hearing.

Penalties for drunk driving or driving under the influence are compounded by grossly aggravating factors, such as a prior DWI conviction within seven years or where the DWI was committed with a child under the age of sixteen in the vehicle. There are other aggravating factors, but there are also mitigating factors which could help your defense. Mitigating factors include a previously safe driving record and impairment by taking the prescribed amount of medication.

So Why Do You Need a DWI Attorney?

You can avoid penalties or possibly have your case dismissed if there are mitigating factors involved in your case. An experienced DWI attorney will be able to help you find whether there are indeed mitigating factors and whether they can be used to help your case. If, however, there are grossly aggravating factors (GAF) such as those previously listed and a few others, you may get a stiffer sentence than if there had been no GAF present. Still, in North Carolina, all penalties are quite severe, even if it’s your first conviction. You can expect license suspension for one year plus substance abuse evaluation and treatment even for the first conviction. If this is your second conviction or more, you could be looking at a lengthy license suspension, and you will have an interlock system installed, have increased insurance premiums, possible jail time, and possible forfeiture of your vehicle. Substance abuse evaluations will likely be involved in second and third convictions as well.

An interlock system is a great device and deterrent to driving drunk, but it means you will literally be going nowhere until you can breathe alcohol and substance-free into the system. Community service, jail time and fines are all part of the penalties that can be imposed by the court.

Additionally, North Carolina does something that some other states do not—a North Carolina court will likely increase the penalties to the next level if it finds the existence of a grossly aggravating factor. There are five levels of penalties and punishment in this state, level one being the most severe. If sufficient mitigating circumstances exist, the punishment could be at a level five, which could mean jail time or community service for twenty-four hours. If, however, certain aggravating factors exist, a court might impose anywhere from a level three up to a level one, which includes substantial jail time and fines. The combination of levels of punishment and the number of convictions makes navigating a DWI case a minefield for someone without a DWI attorney.

An experienced DWI attorney can help you attempt to reduce the charges or even have them dismissed. Cases have been dismissed in North Carolina where the arresting officer improperly performed field sobriety tests, where the officer did not have probably cause to arrest you, or if a sobriety checkpoint was not conducted pursuant to applicable law. If you believe your case falls within any of these categories or other possible categories such as inaccurate Breathalyzer results, an experienced North Carolina DWI attorney can help you try to get your case dismissed or at least have the sentence reduced. North Carolina courts are tough on DWIs, and they may find enough aggravating circumstances to raise the penalties to a higher level. You will need a skilled DWI attorney to help you navigate through the court system.

Experienced DWI attorneys know how to look at the evidence and see what fits within the parameters of the law and what does not. They take this into account while explaining the different scenarios in your case. While it’s not always possible to get your case dismissed, if you have a skilled DWI attorney, you will have the opportunity to have your case examined thoroughly.

There are ways to improve your situation with proper representation. Seek experienced DWI counsel for advice. Good DWI attorneys may help you get a better outcome in court.

About Author:
Portia Lambiasi is a licensed New York appellate attorney with 31 years experience in family law. She has been a legal writer since 2008 providing articles, research papers and briefs. She is not associated with Powers McCartan Law Firm but can recommend them for their experience in handling DUI cases in North Carolina.

Following are a few ways how filing a bankruptcy can aid you in avoiding a foreclosure.

Automatic stay – When you file a chapter 7 or chapter 13 bankruptcy, the court issues an order for “automatic stay”. This order protects you from the creditors by restricting them from any collection activity. Even if your home is already listed for a foreclosure auction, it will be discontinued while your bankruptcy is still in progress. This might require two to four months of time.

Bankruptcy attorney – It is always advisable to hire an attorney who focuses on bankruptcy. Look for attorneys who give a free consultation, as cited in the telephone book advertising of the firm. An attorney is the best person to advise you on the type of bankruptcy that would be suitable for you. He would also steer you through the intricate, important paperwork procedure of bankruptcy.

Chapter 13 bankruptcy – If you were not able to sort out a contract with your lawyer but have chances of making up your payments in the upcoming days, then chapter 13 bankruptcy might be the best option to keep your home. This option usually has a lesser amount of impact on your credit rating, since it provides you with an opportunity to pay your debts over time, generally three years. However, you must have satisfactory income to make your payments. When you file for chapter 13 bankruptcy, you make your existing payments along with the payments that you have already missed over the past three years. If you fail to remain up-to-date with these payments, the lender might request the court to remove the bankruptcy security and renew the foreclosure procedure. In case you have obtained a second loan on your house, this second mortgage could also be eliminated by chapter 13 bankruptcy if it is not secured upon the value of your home.

All your home equity loans and second mortgages could be wiped off with the help of a chapter 7 bankruptcy. It would also eliminate your entire unsecured debt. When you file for a chapter 7 bankruptcy, it only delays the foreclosure of your house. It might not allow you to keep your home, but in any case it gives you the time to find an alternative living arrangement. During the entire term of your bankruptcy procedure, you could continue living in your own home.

About Author:
Allen Smith is a contributory writer for Oak View Law Group. He is also a financial advisor and guest author for acclaimed blogs. Allen has been writing for more than five years and helping people to get wise with their money. His interests include attending financial seminars, writing columns related to debt settlement, bankruptcy and visiting personal finance blogs.