Personal Injury Lawsuit

Many people in Des Moines have never made the distinction between a personal lawyer and a personal injury attorney, but get injured in an accident and it will quickly become all too clear that there is a big difference. Generally, when an accident occurs, especially when there is injury severe enough to limit one’s day to day activities, the first thought is getting better. When the healing does not occur immediately or when the cost of treatment begins to impact one’s financial capabilities, then the victim may begin to notice the personal injury commercials or friends will advise them that they should get a lawyer.

Jane was driving down a side street where she stopped at a red light. There were two cars in front of her, a Mercedes and a Volvo. Suddenly she heard a loud screech from behind and was slammed into by a Toyota. Her car, a Samurai Suzuki, was pushed into the Mercedes and the Mercedes hit the Volvo in front of it. Jane was thrown into the steering wheel and back into her seat as the airbag exploded. She immediately crawled out of her crushed vehicle and walked around in daze getting information from all the other drivers. A kind policeman called a towing service for her totaled vehicle and allowed her to sit in his car as her knees and elbows were scraped and bleeding and she had a big purple knot on her collarbone.

Jane didn’t think she needed to go to the emergency room. She went home, took a few Tylenols and went to bed. The next day she called all the insurance people and explained what had happened. Since she had only the most minimal coverage she didn’t know that the other person’s insurance should pay for a car rental until she could get her car fixed or buy a new one. She had to miss the next few days of work while she figured out what to do with transportation.

Three days later, Jane woke up with shooting pains in her neck and back. She couldn’t turn her head or bend. A friend took her to the doctor, where they did x-rays. The x-rays showed no fractures, so the doctors said she had whiplash, gave her a neck brace, pain-killers and anti-inflammatory medicine and sent her home. She couldn’t work. She had no vehicle. Physical Therapy and Chiropractic Care was recommended, but she couldn’t afford to pay for either of those as her minimal health coverage required a large deductible. A friend suggested she talk to a lawyer.

After hearing her story, the lawyer friend was very happy to take her case, even though it wasn’t the kind of law he normally did. He said that she should get a large settlement as the other cars were barely touched and hers was totaled. He told her to keep track of all that she spent for health care. The problem was she had no money to spend on health care and not being an expert in this kind of law, he didn’t know that they based the amount of injury settlement on how much care had to be received. Jane eventually lost her job as she was unable to continue at the previous pace and her neck continued to bother her for the rest of her life.

One year later, a settlement was reached. By this time her lawyer had completely lost interest in her case and often reminded her that he was just doing this as a favor to their friend. In the final judgment there were four plaintiffs. The Mercedes had a passenger who was suing as well as the driver of the car and the Volvo driver. Though their vehicles suffered only cosmetic damages, they had, as advised by their personal injury lawyer, received as much treatment as possible. This treatment included weekly massages and therapy. None of the other plaintiffs lost work time. The judge based his personal injury settlement on the amount of treatment received. Though her car was declared totaled and she had obviously suffered the most loss the other plaintiffs received double what Jane received.

Jane learned the hard way that while personal injury lawyers sometimes receive a bad rap, when you have an accident and it is not your fault, it helps to call in the experts.

Car accidents can have serious effects on individuals involved. Persons who have been in an accident may suffer pain, injuries, and may be forced to seek medical treatment. In some cases, injuries may be so severe that people may have to deal with lasting pain and disabilities as a result of their injuries. In order to prevent such lasting damage, vehicle manufacturers have worked hard to improve vehicle safety systems including airbags, crumple-zones, and seatbelts.

Unfortunately, defective safety systems can lead to serious injuries including seatbelt failure and other problems. If a person’s seatbelt fails to function in the intended manner, he or she may suffer more severe injuries than individuals with properly-functioning seat-belts. It is the responsibility of vehicle manufacturers to provide consumers with cars, trucks, and other vehicles that are free from dangers defects.

One of the most common causes of seat-belt related injuries is design failure on the part of vehicle manufacturers. In recent years, issues regarding the placement or design of seatbelts have led some manufacturers to change their plans and incorporate different systems in their vehicles. Some commonly reported defects include:

· Problems with lap-belt only seatbelt designs

· Issues with shoulder-belt only designs

· Defective seat-belt geometry

· Faulty latching mechanisms

· “Webbing defects”

In order for a seat-belt to work correctly, the design must allow for certain types of movement, while restricting harmful motion in the event of a collision. Certain designs actually may prove to cause more harm than good, as is the case with rear “lap belt only” designs that can increase the severity of injuries to the individuals in the back seat.

Defective seat-belt design can lead to injuries that include internal bleeding, back and spine injuries, head-and-neck trauma, broken bones, and other health problems. Persons who have been injured due to seatbelt defects may be eligible for compensation for medical bills, pain, suffering, and other damages. If you have been hurt in an accident, an experienced attorney may be able to help explain your legal options and help you with your claim.

Defective safety features like seat-belts can have a serious impact on your health and livelihood. For more information on seat-belt defects and personal injury claims, visit the website of the Waukesha car accident lawyers of Habush Habush & Rottier, S.C. at 800-242-2874 today.

The Health and Safety Executive (HSE) has released its 2008-9 figures for accidents and fatalities at work, and although they are an improvement on the previous year’s numbers, 26 Scots still lost their lives in workplace incidents during the year.

A total of 2,835 workers suffered major injuries, with a further 8,894 reported accidents where victims had to take three or more days off work. The figures are an improvement on the previous year’s statistics, but the HSE says that employers need to make more of an effort to bring those numbers down further.

Slips, trips and falls still top of the list! With icy conditions gripping the country, slips, trips and falls are bound to happen. But throughout the year, these types of accidents at work still constitute the highest number of claims for injury, with falls from height producing some of the worst injuries and even fatalities. The HSE is concerned that the vast majority of these types of accidents is entirely preventable and is calling on employers to ensure that the pattern is not repeated in 2010.

In Scotland, the industries with the most deaths and serious injuries are agriculture, quarrying and construction - all considered to be ‘high risk’ occupations with a high degree of associated hazards attached to them. However, the HSE’s report also shows clearly that even in what would be considered relatively ’safe’ environments such as schools and care homes, the number of injuries is unacceptably high.

Real life tragedies. Behind the statistics lie real life tragedies affecting ordinary people and their families. From relatively minor injuries to tragic fatalities, any workplace can be hazardous, and it is the employers and employees responsibility to keep that level of risk to a minimum. If a situation causes a member of staff to suffer an injury, then not only does that person have a right to compensation for their injuries and any loss of earnings, but it also means that somewhere along the line, the employer’s duty of care has been compromised. It is this that needs to be highlighted, so that the cycle can be broken and nobody else suffers the same fate.

Jobs are hard to come by in a recession, and workers often worry that they may be discriminated against if they bring a claim for compensation against an employer. However, the truth is that no employer wants to see any of their workers hurt in the course of their daily work, and those with a genuine reason for claiming receive the support of both their co-workers and their boss throughout the process. It is the insurer, not the employer, who pays out in the event of a successful claim, so the presumption that a claim indicates an employee who is out to make a quick pile of cash from a poor, hard-done-by boss is a misnomer created by a headline-hungry media.

The HSE is upping the ante in 2010, and has made it abundantly clear that they will come down hard on any employer found to be less than vigilant when it comes to worker safety. All parties, including the specialist solicitors who deal with compensation claims, want to see the number of deaths and injuries fall. But for those who are injured at work, they can rest assured that a system remains in place that means they will be compensated fairly for their suffering should the worst happen.

The popularity of riding a motorcycle has grown within the last several years. We are all starting to see more and more motorcycles on the road. These motorcycles include, touring bikes, sports motorcycles and custom bikes. If you decide to purchase a motorcycle and cruise down the “open road” it is important to obtain the proper personal safety equipment and keep your bike in proper working order. It is further important to operate your motorcycle within the confines of your riding experience and the type of bike you are operating.

Proper personal safety equipment includes but is not limited to a D.O.T. approved safety helmet, proper leather footwear that covers the ankle with non-skid soles, chest protector, riding gloves and shatterproof eyewear. Before, you take that first spin on your bike, be sure to be well familiar with the working parts of your bike and familiar with all the safety devices thereon. Foremost, it is important to be an experienced rider and find a motorcycle that fits your size and stature. A lack of experience is the number one cause of most motorcycle accidents and bike injury accidents. A vast number of these accidents caused by non-experience are single vehicle accidents. In other words the operator of the motorcycle fails to negotiate a turn or fails to properly apply the breaks.

Additionally, it is important not to go past your comfort zone as to where you ride your bike and how you ride your motorcycle. Some motorcycle accidents occur due to riders jumping out on a busy highway when they have never highway ridden before. An operator of a bike should practice riding in different environments, when traffic is light, to gain a comfort level with different conditions. Remember practice makes perfect. Also, don’t operate your motorcycle beyond the limits of your bike. Such operation is dangerous not only to you but also to any passenger on your bike and to other motorist on the roads.

Should an rider be involved in an accident caused by the fault or negligence of the operator of another vehicle, whether it be a car, truck or other motorcycle, you will need to retain the services of legal counsel who is well experienced in motorcycle accidents and personal injury accident law. What you will find in most law firms is that the lawyer handling your motorcycle accident case does not own a bike and has little to no experience riding a bike. An attorney who has vast motorcycling experience will know the issues that you as a motorcycle operator face while riding on the open road. Motorcycle accidents require the guidance of an experienced attorney, not a lawyer who has never operated a bike. The costs incurred due to a motorcycle accident, such as lost wages and medical bills can be enormous. An experienced motorcycle accident lawyer should and will work with physicians and other health care providers to assess and review all the short and long-term medical aspects of your case.

An experienced attorney should also have an expert understanding of the laws of the state where the motorcycle injury accident occurs along with an understanding of motor vehicle insurance and liability laws. With this understanding an experienced motorcycle accident lawyer will be well familiar with the sources of recovery available to motorcycle accident victims and their families as well as the various theories of liability that enable those victims to collect from the parties who caused them harm. If you have been involved in a motorcycle accident you may be entitled to repair or replacement of your bike, loss of wages, future loss of wages, the cost of your medical billing and compensation for your pain and suffering and emotional distress.