Archive for the ‘Personal Injury’ Category

Avoid Being Taken Advantage Of With Your Car Accident Claim!

Friday, November 11th, 2011

While being involved in a car accident can be traumatic, if you are fortunate, there will be good Samaritans nearby who will assist you, it is useful to remember that not all people who come to provide assistance during a car accident are good Samaritans. You will find that there are people who attempt to take advantage of the situation and you will need to keep an eye out for such individuals.

Common things that happen during a car accident include loss of property. There are opportunists who may take advantage of the chaotic situation of a car accident to loot the vehicles involved in the accident. While you may not be in a position to stop them, it would be useful if you could pay attention to such matters as well. Once you have ensured your physical safety and the safety of other individuals involved in the accident, always check to ensure that your personal belongings are secure. This will include anything of value that you may have in your vehicle.

If you have been admitted into hospital as a consequence of a car accident, you may find that there are individuals unknown to you, who will endeavor to provide you with legal advice about how to deal with the accident. While it is perfectly acceptable to listen to what they have to say and take advice from them, it is not advisable to sign off on any documentation through such individuals until you have had a chance to check the details of who they are and whom they represent. Remember that these individuals may represent inexperienced or scrupulous car accident attorneys and the advice they provide or even their suggestions about how much you may be entitled to claim as a consequence of the accident may not be accurate.

It is therefore better to wait until you are in a position to visit a reputable car accident attorney on your own. Select such an attorney with reference to advice from friends and family or even with reference to an online search, and check on the references of such individuals or firms before visiting them. It is useful to note that personal accident matters are considered to be a specialist area of law, and therefore although most attorneys can handle such a matter, if there is a possibility of a large claim by you or even against you, it is better to get a professional and specialist car accident attorney to handle the matter.

Always ensure that your documentation is in order when you visit your car accident attorney. The documents that you should take along with you include the police report of the accident, your car ownership documentation as well as any insurance documentation you may have. The insurance documentation should not only include your car insurance but also any personal insurance documentation which may have personal accident coverage. This is relevant in the event that you have been injured in the accident.

Seeking a claim for injuries sustained as a consequence of another’s negligence?

Thursday, November 10th, 2011

While most people believe that you can successfully file a legal suit against the person who was responsible for the damage to property and personal injury that is sustained during a vehicular accident, what many people are unaware about is that there are many other forms of claims that can be filed that may have nothing to do with a car accident.

The law of tort stipulates that each person owes another a duty of care and this duty is manifest by ensuring that a person is not injured and his property not damaged as a consequence of any act or omission on the part of that person. Therefore there is also a possibility that if you sustain injury or damage to property in any other context, for example while you are in a store or as a consequence of being attacked by another’s pet or because of an uncovered manhole on the pavement, that you can also seek compensation for personal injury.

The success of such a claim is dependent on your personal injury attorney establishing that the injury you have suffered arises as a consequence of the negligence of the owner of the store or the pet or the local authority. In addition to that, it is imperative that the personal injury that you have sustained is quantifiable in the context of the medical expenses as well as any ancillary expenses that will have to be borne for your treatment. The law also allows your personal injury attorney to file for compensation for emotional distress or trauma and also for loss of income for the period that you cannot work due to the injuries sustained. In certain instances, your personal injury attorney may also recommend that you make a claim for general and even exemplary damages, depending on the nature of the incident.

It is therefore always best to seek professional legal advice when you have sustained injury or suffered damage to property as a consequence of another’s negligence. While you may regard the matter as minor, by seeking legal advice you will be able to better understand your rights as a victim as well as the other’s responsibilities and liabilities to you.

In the event that you are faced with such a situation therefore, it is imperative that you seek immediate medical treatment for any injuries sustained as well as keep records of all your dealings with the party who was responsible for the accident. If you are covered by health insurance or personal accident insurance, such documentation will also be useful for you when you file your claims with the insurance company. If you get professional legal advice you may discover that it is not necessary to make any claims of your own insurance as the liability will have to be borne by the other party, who will then have to compensate you for your loss. Initial consultation with a personal injury attorney is usually inexpensive and should be done as soon as possible after the accident.

Being Involved In A Hit And Run Accident

Tuesday, November 8th, 2011

While no one expects to be involved in a hit and run accident, such accidents occur more frequently than most people realize. The reason some drivers do not stay upon being involved in an accident is commonly because they are shocked and afraid of the consequences of what occurred and of course, because they have something to hide. It is important to remember that if you flee from an accident, you are committing a grave criminal offense and the penalty imposed by the law can be very severe including imprisonment.

However, the reality is that for whatever reason, you have caused an accident and in a state of panic, you have fled the scene. The question is what you should do next. There are several key steps that you need to take. The first of this is, if you are aware of the extent of the accident and the possibility that there are individuals injured by it, to immediately contact the police and medical emergency personnel, and inform them of the accident as well as its location. The second thing to do is to drive to the nearest police station and provide the police personnel there with the relevant details of the accident. You will need to understand and remember that just because you flee from the scene of an accident, does not mean that you are the cause of the accident, although you would nonetheless have committed a crime.

Once you are at the police station, and you believe that the incident that occurred requires you to have legal advice, contact your car accident attorney immediately. Ideally, this should be done before filing any report with the police, and you can ask for your car accident attorney before meeting with the police personnel. You should speak to your car accident attorney privately before meeting them with the police. This is so that you can brief your car accident attorney about the details of the accident and he can advise you about your rights and possible liabilities in such a situation.

If you are a victim in a hit and run accident, then as soon as you are able, you should try to recall what happened when the accident occurred. It is important to try to recall the details of the accident as soon as possible after the accident, while it is still fresh in your mind and not clouded or influenced by other factors. By recalling the accident, you may be able to identify the make and model of the vehicle that was involved or even the license plate information, the number of vehicles involved or individuals in the other vehicle, and even which part of the vehicle body may have been damaged by the accident.

Such information is useful for the police when investigating the hit and run accident, and such details may even be critical to resolving the matter. You should provide the police with this detailed information as soon as you are able after the accident and remember, a car accident attorney’s help is crucial in such a situation.

Employer’s liability for the negligence of their employees

Sunday, November 6th, 2011