Friday, May 24, 2013

Step-by-Step Guide: Making a Personal Injury Compensation Claim

 This is a guest post from Carla Steve of Clear Water Solicitors.

Personal injury compensation claims have been on the rise at a steady pace over the course of the last few years. As an explanation many are now observing that that awareness about legal rights is on the rise. Life is fragile and there’s no two ways about that. Accidents at both home and workplaces have become very common, and either claim the lives of millions of people each year or severely injure them in the process. In the event that an accident occurs, where a person has been injured due to someone’s negligence, certain laws have been formulated and put in place to protect the rights of the victims. If you have suffered a personal injury you can seek compensation on two grounds: special damages and general damages. The following steps can help streamline the process, and lead to a better understanding of what to do:

What constitutes a personal injury?

For you to be able to make a personal injury compensation claim you must first understand what a personal injury is. Accidents are aplenty and can leave emotional and physical scars on a person. You can pursue a personal injury claim if an accident that you were involved in resulted in the following:

•    An ailment, infection, disorder or physical injury
•    A cognitive or psychological disorder, injury, ailment
The most important element of a personal injury is that it is occurs because of an accident caused by someone else. Most personal injuries can be pursued under tort.

Understanding personal injury: What it alludes to:

•    Injuries obtained at the work place or those acquired as a result of working with faulty or dangerous equipment
•    Psychological condition acquired as a result of stress at the work place
•    Injuries incurred due to road accidents
•    Injuries caused by defected or damaged products or faulty services
•    Any injury caused by tripping over faults with pavements
•    Psychological condition caused by any kind of child abuse
•    Erroneous medical treatments or wrong vaccinations
•    Injuries inflicted upon a victim while a criminal activity is underway (could be psychological)
•    Psychological or physical ailment caused due to unfair distinction or harassment at the work-place

Actions you can take:

•    Inform the necessary authorities like the police with reference to a crime or accident, health and other insurance companies.
•    Procure evidence for the authorities – the injury needs to be documented, photographs of the site, accounts of witnesses and victims
•    If the injury is physical, make sure you consult a doctor who can help with medical reports that can be presented for the health insurance requirements
•    If the injury takes place at work then an entry must be made in the accident book, or a report should be given to the employer.

Complaints: The ins and outs

For a compensation claim to work you need to first bring it forward as a proper account. There is a chance that you may be able to settle the matter with a formal apology. In the event that your personal injury compensation claim stems from a serious injury you can take a different course (i.e. make a formal complaint).

Depending on the situation you are an, a formal complaint can be lodged with a department within the government, the authorities or the police, the educational institute that you’re attached with, or a hospital.

Compensation: What you need to know

In order to get compensation for your claim you can go through certain channels. In general there are claims managers or claims assessors that can guide you. You can also take up the matter in court and pursue it legally. Alternatively, the personal injury lawyers can also be approached to help you lodge an official claim. There are also special compensation schemes that one can take advantage of.

Legal action: The breakdown

•    If you want to avoid going to court
•    Find a solicitor and provide him with all the necessary evidence and accounts of the incident of the personal injury
•    Individuals with legal expenses insurance should provide a copy of their insurance to their solicitor
•    After the initial consultation, the solicitor will decide whether or not to on the case
•    A claim is sent to the defendant with an expected reply within a particular period. If the defendant accepts responsibility then the solicitor tries to settle the matter outside the court
•    A part 36 offer or a compensation offer is made on the basis of the value of the claim and could be presented from either side in order to settle matters outside court
•    If you are insistent on legal action by the court
•    In case the defendant does not accept liability or the matter isn’t resolved through compensation, the case can be presented in front of a judge after consultation of the solicitor.

About the Author:

Carla Steve researches about compensation claims for personal injury and other issues relating to injuries. She is passionate also about work accident compensation claims and other employee rights issues.  She also loves cheering on Chelsea FC and listening to RnB music.

Friday, May 17, 2013

Witnesses’ Testimonies Intensify Michael Jackson’s Wrongful Death Case Atmosphere

Since Michael Jackson’s wrongful death trial has commenced, a series of developments started to surface from several witnesses who wish for the case’s final resolution.

Apparently, the case filed by MJ’s mother, Katherine Jackson and his three children, in wake of the pop star’s death started to shed light after several witnesses have recently took the witness stand.

Previous reports have confirmed that the King of Pop’s make-up artist, a health expert, and a paramedic have recently testified in the said wrongful death case. In her emotional testimony, MJ’s former make-up artist, Karen Faye described how MJ has changed over 27 years. She claimed that she was shocked upon seeing that the King of Pop’s once muscular body has turned thin, and actually skeletal. He seemed not strong enough for the rigorous concert schedule during the preparation of his comeback concert, ‘This Is It’, she said.

Faye also recounted few moments wherein she felt broken hearted while preparing for MJ’s upcoming concert. She testified how she pitied MJ after the singer’s costume designer claimed that he could already see MJ’s heart beating through his skin. In response, MJ’s manager simply said “Get him a bucket of chicken.” She also told the court that she was alarmed by Jackson’s use of painkillers since the time he was accidentally burned during the filming of a Pepsi commercial to the day of his concert rehearsals before he died.

Meanwhile, in a testimony provided by the paramedic and firefighter, Richard Sennef, who was a part of the rescue team during MJ’s death, he affirmed that Dr. Conrad Murray, MJ’s attending physician during the time his death, made multiple statements to cover up what really happened that resulted to the singer’s cardiac arrest.

Sennef described what he saw in the singer’s bedroom during their arrival at the scene. He claimed that there was an IV pole, but no heart monitor or resuscitation equipment inside the room. The way he looked at MJ that time, he thought that the singer, who remained unresponsive despite all efforts to revive him, was at the end of a disease process. He looks pale and emancipated, he said.

He claimed that Murray looks frazzled, pale and sweaty while reviving the singer. In his perceptive, MJ’s blue hands, feet and lips all signaled that he was already dead and haven’t breathing for a long time. On the other hand, Murray reiterated that Jackson was only dehydrated and exhausted. Also, Murray even denied that MJ was on medication, and did not mention anything about the Propofol, the powerful sedative that the autopsy has confirmed to cause the singer’s death.

Furthermore, an expert cardiologist was also called in court to testify. In s statement released by Dr. Daniel Wohlgelemter, a Santa Monica-based cardiologist, he claimed that after reviewing Murray’s credentials as a health care provider, he found him unqualified to treat the singer for his insomnia or drug addiction.

Wohlgelmter found out that Murray had no formal training on how to treat such problems, making him impossible to treat the singer’s sleeping issue as well as to administer the powerful anesthetic, Propofol, to help the singer sleep.

In addition, Murray also made a mistake by improperly focusing on the singer’s heart during the resuscitation. Wohlgelmter further claimed that the company should have asked why Jackson and Murray wanted to work with each other, but apparently, the company failed to do so.

So far, more witnesses are expected to take the witness stand in the next few days. Therefore, a Los Angeles injury attorney speculates that many other private moments from the singer’s private life will be publicly exposed as the case moves forward.

Friday, May 10, 2013

AEG Warns about Michael Jackson’s ‘Ugly Stuff’ to be Revealed as Wrongful Death Trial Begins

As the trial begins on Michael Jackson’s wrongful death lawsuit, recent news reports emerged claimed that during the opening statement, AEG Live lawyers warned jurors about the possibility of exposing the King of Pop’s biggest hidden secrets as the civil case commence.

According to Reuters, in his opening statement, AEG’s lawyer, Marvin Putnam affirmed that the three-month trial would bring to light some ‘ugly stuff’ that people don’t know about the renowned singer.

To begin with, Putnam asserted that during his lifetime, MJ put a wall between him and his family. Therefore, even his family wasn’t sure what was going on with the pop icon. He distanced himself to anyone who could have helped him with his unusual behavior.

Ironically, while Putnam claimed that Jackson has been using the powerful anesthetic Propofol for years to help him sleep, he likewise reiterated that AEG had no idea that MJ was taking the surgical anesthetic that led to his death.

MJ’s mother, Katherine Jackson and the his three children, Prince, Paris and Blanket, are accusing AEG for negligently hiring Dr. Conrad Murray to look after the singer’s health condition in preparation for his comeback concert, ‘This Is It’ in 2009.

Meanwhile, AEG still contends that it did not hire or supervise Murray in administering the powerful surgical anesthetic to MJ.

During Monday’s trial, a handful of MJ’s fans gathered outside the court and anticipating for justice for the pop icon while the Jackson family didn’t showed up in the house.

Fortunately for MJ’s family, despite the fact that the defendant party is continuously throwing unpleasant revelations (which we do not know whether it is truth or threaded lies) about the King of Pop, his fans still remain supportive with him all this time, admired by a Los Angeles personal injury lawyer.

Friday, May 3, 2013

Los Angeles Motorcycle Attorney Tackles Motorcycle Safety Awareness Month

Following the Distracted Driving Awareness Month that was held last month, the nation is now celebrating Motorcycle Safety Awareness Month, in which a Los Angeles law firm ensured to take part on the event.

In an effort to support the celebration of Motorcycle Safety Awareness Month, several lawyers herein talk about how you can maintain safe driving in your bikes.

Unfortunately, although there are many traffic rules and regulations that are being implemented in Los Angeles to make sure that the safety of motorists and even pedestrians, they are not always observed, resulting in more motorcycle accidents. In fact, based on recent statistic, figures revealed that 361 people died from motorcycle accidents while some 11,000 people were injured.

Consequently, a Los Angeles motorcycle attorney from the firm is once again reminding all motorcycle drivers to obtain the proper safety equipments and professional training as required by the law before hitting the road with your bikes.

Each year, the California Highway Patrol (CHP) is holding a series of Basic Rider Courses, which the agency strictly recommends for drivers to take.  Other private facilities are also offering valuable advanced training, highlighting subjects ranging from off-road driving skills to road-racing techniques.

The law firm further warned motorists of using unapproved helmets. It is best to invest on a more expensive helmet approved by the Federal Motor Vehicle Safety Standards than stick to the cheaper ones that usually fail during collisions.

While motorcycle helmets can reduce the risk of a traumatic brain injury resulting from accidents, motorcycle clothing and other protective gears can help prevent severe injuries. In addition, constant training can significantly help save lives.

Moreover, although strict maintenance for motorcycles is a bit costly, keep in mind that a defective or damaged part of the vehicle could likely result in a tragedy. The Mesriani Law Group advised to have a regular motorcycle inspection and tune-up.

Last but not the least, the law firm further noted that there is a higher chance of getting involved in an accident when driving on shoulder lanes.

Given the long years of experience in handling motorcycle accident cases, the law firm herein was able to provide the above-said safety precautions to help motorist in preventing possible accidents and injuries from being involved in such misfortunes.