Essentials of Attorney on Sci Claims

May 28th, 2008

When the spinal cord is damaged, the most apparent effect is the loss of sensation or movement below the level of injury. As the body is unable to repair this path of communication, the consequences are permanent. The body can no longer make intricate responses to sensations as well as an awareness of the outer and inner environments.

Read more

Posted in Personal Injury Lawsuit | No Comments »

Insurance Premiums Not Affected By Rise In Personal Injury Claims

May 28th, 2008

Those paying monthly insurance premiums should not be affected by an increase in claims revealed an industry expert.

Colin Ettinger, president of the Association of Personal Injury Lawyers, said: “Whenever there has been an investigation into whether or not increases in insurance premiums have been down to rises in the number of claims the answer has always been no.”

He added that an investigation by the Department for Work and Pensions and the Office of Fair Trading came to the conclusion that hardening of the stock market has forced insurance companies to increase their premiums.

The Association of British Insurers (ABI) claim that the rise in premiums does not necessarily equal a rise in profits.

Jane Milne, of the ABI, said: “Certainly premiums have risen over the last few years but even in 2003 insurers paid out £1.10 for every pound they collected and we are still seeing claims costs rise between 12% and 15% a year.

“Forty pence of every pound that insurers payout goes to either legal or medical advisers.”

Small business are thought to be one group to feel the squeeze from growing numbers of claims.

Stephen Alambritis, of the Federation of Small Businesses, said: “There are a lot of cases of small businesses who are not taking risks, in terms of acting entrepreneurially, and employing people that they would normally take because of this problem.

“They are worried about these personal injury lawyers who incite people to take companies to court as they are often seen as a soft target.”

The ex- Lord Chancellor, Lord Falconer, also asked claims firms to refrain from encouraging the population from taking legal action for “frivolous claims”.

Mr Ettinger said: “Government information has shown that the levels of claims that have been brought forward in the last 12 months have actually dropped. That includes public liability as well as accidents at work and road traffic cases.”

He added: “I would like to say why don’t these companies make their workplaces safer so a lot of these claims don’t happen?”

A personal injury claim can made for a variety of reasons. These can include tripping over, car accidents, whiplash and work-related stress. In order to pursue a claim it has to be shown that whoever is being sued has acted negligently and the an injury resulted because of this carelessness.

There are two types of damages that can be claimed for: Special Damages and General Damages. Physical and mental injury come under the general damages category and they have to be proved by a medical examination.

Financial costs are included in special damages and include loss of earnings and expenses.

Following a medical examination and input from experts the opponents solicitors are contacted to see if they accept liability for the injury. A settlement is reached if they do and damages are paid.

The help of a solicitor is normally needed to guide the claimant through this procedure. When taking action for personal injury legal aid is not normally an option although many firms offer a ‘no win no fee’ kind of contract.

Claims rarely reach court and have to be started within three years of the injury occurring.

Read more

Posted in Personal Injury Lawsuit | No Comments »

No Win No Fee Claims: More Trouble Than They are Worth?

May 27th, 2008

‘Compensation Culture’ is a term often banded around in the insurance and legal sectors, but the increasing use of personal injury solicitors and their enticing ‘No Win No Fee’ schemes may be impacting these sectors in a far more negative light than we would expect.

The picture is not all doom and gloom however, despite an increase the number of literal ‘door knockers’ trying to scavenge business, the initial ethos behind ‘No Win No Fee’ is still as relevant as when the idea was encouraged in 1995.

In a ‘no win, no fee’ agreement your solicitor will only be paid if the claim is successful. He or she will also be entitled to an extra fee (known as a success fee). Both the basic fee and this extra fee are normally paid in whole or part by the losing party.

The main problem is that this potentially useful means of making claims after an accident, is in danger of being even more abused than it currently is. In particular, it is the fault of some claims firms which lead people to believe they can claim compensation simply because they suffer an injury. The ‘have a go’ mindset adopted by such firms has had a detrimental effect. For example, clients have been pushed into pursuing claims. In such cases, perhaps these clients had not fully understood what they were signing and perhaps in the past there have been occasions where individuals have been encouraged to pursue claims against their own interests.

However this should not cloud the fact that the scheme has brought about much more peace of mind for consumers. Particularly, client services have been developed since the proliferation of ‘No Win No Fee’. The vast majority of lawyers can now obtain loans for their clients to cover costs, for example medical reports and even the cost of insurance to protect the client from the risk of losing. With the current insurance schemes available genuine no win no fee arrangements can be provided. With the right case, the right lawyer and the right insurer the client can have true access to justice without the worry that should they lose their case they will have to sell their assets in order to pay their opponents costs.

Consumers should not be frightened of no win no fee agreements, as the legal and insurance professions realised quickly just how much harm adverse news stories about the agreements can do to a consumer weighting up their options after an accident. Many admirable organisations such as the Association of Personal Injury Lawyers(APIL), Accident Line and Injury Lawyers for You(IL4U) can now advise on whether a case truly has merit, as many of the less professional proponents of the scheme have often raised a clients hopes only to then dash them. Organisations like this ensure that clients’ interests are put first and that fanciful claims are not put first but only the legitimate ones.

Read more

Posted in Personal Injury Lawsuit | No Comments »

Car Accident - Common Mistakes People Make

May 27th, 2008

Experts estimate that around 93% of all car accidents are the result of poor driving, intoxication, and other human factors. If you have been involved in a car accident, it is your legal right to seek compensation for the physical injuries and mental trauma that you suffered. Yet every year, many people do not get adequate compensation because they overlook a few basic but crucial steps. Knowing what to do and what to avoid after a car accident can maximise your chances of getting full compensation. Here’s what you should keep in mind:

Read more

Posted in Personal Injury Lawsuit | No Comments »

Volvo “city Safety” to Eliminate Whiplash

May 27th, 2008

Volvo has won the “Traffic Safety Achievement Award” at the World Traffic Safety Symposium held in New York.

One of the main safety features that won many plaudits was the City Safety system that has been developed by Volvo. The system was designed to prevent low-speed collisions which are most common in urban city traffic. Volvo have high hopes that the system could eliminate whiplash.

“City Safety is yet another example of Volvo’s aim to utilise real world traffic situations to develop solutions to prevent accidents. It is extremely gratifying that we are now being acknowledged with this prestigious award,” said Jonas Ekmark, head of preventive safety at the Volvo Cars Safety Centre.

Rear-end collisions at relatively low speeds are the most common cause of whiplash injuries. The City Safety system is designed to stop Volvo drivers from crashing into the back of car’s ahead. Along with other cars the system will also detect other potential hazards like pedestrians.

The system uses senses to monitor the traffic ahead. A laser sensor is built into the windscreen’s upper section at the same height as the rear view mirror. It can detect vehicles or people that are up to 6 metres in front of the car’s front bumper. City Safety is programmed to react to things in front that are either stationary or moving in the same direction as the car itself. On the basis of the distance to the object in front and the speed of the car itself, the system makes 50 calculations a second to determine what braking speed is required to avoid a collision. If the calculated braking force exceeds a given level without the driver reacting, it interprets this as an imminent danger of a collision. City Safety then helps to avoid or reduce the consequences of a collision by preparing the car’s brakes or braking automatically and disabling the accelerator.

If the car approaches a pedestrian, a red warning light will come on first on the windscreen’s head-up display and a warning signal will sound. This helps the driver to react, and in most cases an accident can be avoided.

If the risk of a collision increases further, assisted panic braking is activated to provide more pressure when the brakes are applied. If the driver still doesn’t brake, and the collision is imminent, the car’s brakes are activated immediately.

The system is ideally designed for lower speed activity and although it has the capacity to reduce a car’s speed by approximately 15mph, it will be unable to prevent collisions at much higher speeds.

City Safety has the same limitations as all optical systems in that the detection capacity can be limited by fog, snow or heavy rain. It is therefore necessary to keep the windscreen free of dirt, ice or snow. If the sensor is blocked, the driver is advised via the car’s information display to clean the area. The system works equally well during the day and night.

“It is important to underline that the system does not relieve the driver of the responsibility from maintaining a safe distance to avoid a collision. The automatic braking system does not react until it considers that a collision is imminent. The system therefore helps to limit the consequences of or, in some cases, avoiding an imminent collision,” said Jonas Ekmark.

With 75 per cent of all reported collisions thought to occur at speeds up to 30 km/h, with many under 20km/h not reported to insurers, the new technology could prevent a lot of accidents.

The City Safety is just part of the new technological developments that Volvo is developing in the next generation of car safety measure. Next to be introduced is collision avoidance steering by auto steering.

Collision avoidance by auto steering is a further development of lane departure warning, which uses a camera to monitor the car’s position between lane markers. If a car wanders across any of the lane markers without using the indicator, the driver is warned by an audible signal.

Collision avoidance by auto steering is significantly more advanced. The system is designed to help prevent a frontal collision caused by temporary distraction by using both a camera and radar to monitor the position of the car itself and the oncoming traffic.

If the car is about to move into the wrong lane and the system detects that an oncoming vehicle is on a collision course, the car is automatically steered back to a safe position in the original lane. The high demands for reliability mean that Volvo experts are still assessing which degrees of steering wheel intervention are relevant and the exact speed range the system can operate within.

If this all sounds like something from the futuristic film I Robot then Volvo’s next big project goes even further cars that talk to each other.

Cars that can communicate with other vehicles and the surrounding traffic environment should enhance the potential for safer driving and fewer traffic accidents. For communication to work, it is necessary to have a standard “language” which makes it possible for all vehicles to talk to each other irrespective of make. There are currently several international projects that endeavour to contribute to this standardisation.

Read more

Posted in Personal Injury Lawsuit | No Comments »

Bicycle Accidents In New York- Bicycle Vs Car, Who Wins?

May 26th, 2008

You think you know the answer, right? Bicycle versus car. Who wins? The car will win every single time. Why?

Because the car weighs thousands of pounds, is made of metal, steel, glass, and is surrounded by material to absorb an impact. A bicycle on the other hand weighs anywhere from 16 pounds for a superlight road-racing bike to 30-40 pounds for a mountain bike. The bicycle has no crash protection, no bumpers, no ability to absorb any impact. Just you and your thin bike to get you from one place to the other.

What safety devices do bicycles have?

(1) Reflectors

(2) Rear tail lights

(3) Sometimes a front headlight

(4) An experienced rider will often wear high-visibility clothing with reflective strips to give him or her better chances of visibility to cars and trucks. Many riders also wear blinking battery-operated bike lights- again to improve their chances of being seen by motorists.

What safety devices do cars have?

(1) Headlights

(2) Tail lights

(3) Anti-lock brakes

(4) Front and rear proximity sensors

(5) Airbags- head/ front/ side

(6) Thousands of pounds of metal, glass and an engine to encompass you

Often, motorists do not see bicyclists even with all the “safety devices” designed to improve their visibility.

Recently, I represented a man who was biking home from work at his job at a computer company. He was travelling on a busy roadway at rush hour, using the “bicycle lane” on the shoulder of the roadway. It was about 5:30 p.m. He was wearing a helmet, reflective bike shoes, and a highly visible biking jersey. The traffic going in his direction was in stop & go traffic, but on the shoulder lane he had clear sailing.

He was biking on a slight uphill doing about 10 miles per hour. A car travelling in the opposite direction decided it need to turn into a strip mall just about where my client was riding. Unfortunately for my client, the car made a very swift left turn, and because of the stopped car traffic adjacent to my client, never saw him as he accelerated toward the driveway to the strip mall. Who won? The car- as always.

Who lost? My client. His fancy road bike, the least of his problems, was totally destroyed. He suffered fractures, bruises, cuts and lacerations. An ambulance deposited him to the closest emergency room, where he underwent a battery of tests, including x-rays, CT scans, blood tests and an overnight stay at the hospital. The impact put him out of work for over a month, and he needed repeat visits to the orthopedist to follow his fractures and make sure they were healing properly. After the orthopedist gave the ok, he was told to start physical therapy to begin to use his arm and leg properly again.

My client lost his dignity that day. He lost the ability to continue his bike-ride home without interference from a car. His family was thrown into turmoil, rallying around dad in the emergency room. He had to explain to his boss why he couldn’t return to work for weeks. He had to explain to his friends why he couldn’t join them in their activities. He sat at home, useless to his wife, on the couch watching mindless television.

On the day I met my client for the first time, he had returned to work in a limited capacity, and at reduced hours. The most important thing he wanted to show me was not his scars and his cast. Rather, he wanted to show me his broken and destroyed bicycle that sat in a crumpled heap inside his car. As any bicyclist knows, a good bike is a trustworthy friend that gets you from point A to point B effortlessly. When that has been destroyed, it is devastating. However, as all things material, it can and will eventually be replaced. My client’s life was miraculously spared that day, and he will learn once again to walk, to run, to write, and yes, to bike.

The driver of the car, unfortunately, had a limited insurance policy, which nevertheless was quickly offered to settle the case.

Remember to always wear your helmet when you ride, and make yourself as visible as possible to the motorists around you. Never wear earphones to listen to your Ipod or MP3 player, as you will not be able to hear the traffic around you. Be smart, and enjoy your bike ride.

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. See Gerry’s website at http://www.oginski-law.com . Call him at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry’s free instructional videos on malpractice & accident law.

Read more

Posted in Personal Injury Lawsuit | No Comments »

Arnica-the Main Medicine for Bruises

May 26th, 2008

Skin Couture Medical line AdorAgeMD introduces the Most Strong Remedy on US market for bruises caused by plastic surgery and esthetic injections-Powerful 30% Arnica Gel, registered by FDA.

The more severe the bruise, the more frequently you have to apply Arnica gel, even every other hour for severe bruising the first two days, and your bruises will disappear. Arnica’s ability to heal bruises, its anti-inflammatory and healing activities, and also its protective effect on the venous system are known from the 12 century.

Today, the time of plastic surgery, laser treatments, esthetic injections, mesotherapy, dermabrasion and Botox-30% Powerful Arnica gel is your first help after these procedures to look good the same day. Arnica also helps to reduce pain and speeds the absorption of blood under the skin.

The highest strength of Arnica on US market is 2-8%. But the concentration of Arnica 30% makes the product of AdorAge unique. It is amazing. If a patient faithfully applies it on a bruise several times a day, she or he will watch blue and black disappear every day. Our gel can even remove old bruises and scars. This product is FDA registered and produced by AdorAgeMD in France.

No any reported side effects, or allergies. 30% Powerful Arnica gel, being a natural remedy, is compatible with all commonly used surgical medications.

Arnica is used by a lot of dermatologists and plastic surgeons, who are very pleased with the effects of even lower concentrated Arnica Gel, especially after face lift and eyelid surgeries and esthetic filler injections and Botox.

But with so powerful 30% concentration of Arnica in gel, the patients will have the fastest possible and significant reducing of swelling, bruising, inflammation and pain reduction compared to any other Arnica preparation on the USA market.

Read more

Posted in Personal Injury Lawsuit | No Comments »

Industrial Injury Claim - Filing And Winning

May 26th, 2008

Accidents happen all the time at the workplace. More often than not, they are unexpected and there was no way you could have done anything about them. Workplace accidents can be very serious especially if caused by handling heavy machinery or dangerous equipment at that time. If your accident is caused due to indifference or just plain carelessness, your employer should compensate you. Don’t expect this to happen by itself though. Most employers will try to avoid paying compensation because it means accepting responsibility for your accident. However, you should file an industrial injury claim to seek compensation for the physical injuries and the mental trauma that you have suffered.

Step 1: Report the accident

The key to a successful industrial injury claim is to follow the rules. When an accident occurs at your workplace, the first step is to inform your supervisor or employer about what has occurred. The best way to do this is to write down the details in the ‘accident book’ present in the workplace. In case there is no accident book, record all the details in an official letter to your employer.

Make sure your letter has all the necessary information such as your name and address, what work you do, the date, time, and place where the accident happened, and the cause and nature of your accident. In case you are too badly hurt to do this yourself, ask a co-worker to help you. Send your letter as soon as possible.

Step 2: See a doctor

Even if you think you are not seriously injured, it’s always a good idea to have a doctor examine you. A medical professional will ensure that all injuries you suffered are documented. Remember that medical reports are useful evidence and can make a big difference to your industrial injury claim.

Step 3: Hire a solicitor

Your employer may refuse to compensate you. Consider hiring an injury claims lawyer who specialises in industrial injury claim cases. He will be able to explain the case to you, advise you on legal procedures to follow, tell you your chances of winning, and argue your case against your employer’s insurance company, if necessary.

Do not be afraid or feel guilty about filing an industrial injury claim. If your injury was caused by your employer’s negligence, it is his duty to accept responsibility and compensate you for your pain and suffering.

Diana Joseph has an in-depth knowledge in dealing with in injury claims. She has written numerous articles on injury claims issues, particularly those involving car accident and other topics of claims. Please contact her for further information on claims related issues.

Read more

Posted in Personal Injury Lawsuit | No Comments »

Antistress Cream and Antistress Serum – by Adoragemd

May 25th, 2008

These products address three separate but cumulative events: chronological aging, environmental aging and hormonal aging. The beauty of Soy and a salad of other botanicals from a Secret Recipe from 19 century, Province, France blended with Glycolic acid and other active ingredients in one of the most luxury and innovative Skin care lines –in AdorAgeMD, developed For the Skin You Will Adore at any Age.

When women enter the perimenopausal phase of their lives in their early to mid 30ies, this period is marked by a significant drop in estrogen production. The skin collagen, elastin and glycosaminglycans levels break down, causing sagging, wrinkling and loss of elasticity. This loss of estrogen also leads to thinning of the skin, decreasing its protective and immune barrier ability. Women also see acne breakouts, skin pigmentation, dryness of skin and facial hair growth. But the last clinical studies on Hormone Replacement Therapy(HRT) advise women to stop it.

Why not to use natural plant-based estrogen applying it on the skin, if it was used by centuries, and came to us from old recipes like the Secret Formula of the French actress of the 60-ies Delphine Vouler, who received this old recipe from her grandmother, and she had received it in 19 century from Province pharmacist Henri Coullet, and had skin that the entire town marveled at..

This Secret recipe contained a salad of botanicals that help keep skin timelessly beautiful.

AdorageMD used this old recipe in its Antistress Serum and Antistress cream, fusing botanical extracts with the moist innovative science based ingredients.

Soya, Genistein and Soya’s germs extract have natural estrogenous capabilities, antioxidant activity, strength the capillary walls, help collagen stimulation, help the delivery of other biologically active ingredients through the skin, smooth the skin, make it more subtle.

Soybeans also contain Linoleic acid-the essential fatty acid which the body doesn’t produce, and lack of it reduces skin rejuvenation, can result in acne, skin allergies and eczema.

Numerous clinical studies have shown that natural botanical estrogen helps to preserve the skin’s collagen synthesis, and adds to the maintenance of skin thickness. Soy also improves skin hydration, smoothness and firmness, so correcting the effects of diminishing hormones on the skin. These products also increase the skin’s capacity to recovery, thus complimenting the cosmetic dermatology procedures and prepare skin for plastic surgery. The skin becomes “autonomous” ( isolated) during the first weeks after surgery or deep laser treatment. Antistress cream and serum together with other AdorAge Md producrts diminish the action of inflammation, bruising and gives a patient a comfort she or he needs. It also increase and normalizes microvascularisation and stimulate fibroblast synthesis.

Other botanicals are Wild Yam extract, Mulberry extract, Sunflower extract, Thyme extract, Jojoba extract, Shea tree extract and etc.( www.adoragemd.com)

Applying routinely AdorAge MD products you will get the Skin you will Adore at any Age.

Read more

Posted in Personal Injury Lawsuit | No Comments »

Joining The League Of Personal Injury Lawyers

May 25th, 2008

Ever wondered how to become a personal injury lawyer? Lawyers can really help people and make a difference in their lives, plus they make really good money. People can have numerous accidents from abuse to car accidents. Lawyers can often sue for millions of dollars, and with the hefty fee they usually charge, they can make it worthwhile for both the client and themselves.

Read more

Posted in Personal Injury Lawsuit | No Comments »

« Previous Entries Next Entries »