Monthly Archive for March, 2009

How to Calculate Lost Wages in Personal Injury Lawsuits

Published on March 31, 2009 in Law. 0 Comments

In a personal injury lawsuit, the plaintiff seeks damages from the defendant for medical bills, pain and suffering, loss of ability to enjoy life and lost wages into the future. Depending on the job and type of injury, the amount of money rewarded for lost wages can vary vastly. Personal injury lawyer, Charles Flaxman, a lawyer at Flaxman Law Group based in south Florida, sheds some light on how to calculate lost wages.

Lost wages in the past and, even more so, in the future, are sometimes tough to quantify, but there are ways and means which we have developed to attempt to do exactly that. Depending on the person’s job, their age, the typical upward mobility for that career and a variety of other factors, we are able to make a rough calculation as to how much money this person will lose because of this injury.

There are easy examples of how we do this and much harder ones. An easier case would be if someone has been working the same copper mine for 20 years, with 2% raise each year and 15 years until retirement. We can probably figure with some pretty simple calculations about how much money this person will not be making if they are never able to work again.

But then there are tougher cases to put a dollar amount on. Let’s say a young person just graduated law school. It’s their first year out and they are a clerk in a huge law firm for 12 dollars an hour. Suddenly, they get hit in the head and sustain significant brain damage and now can only work flipping burgers at McDonald’s. While this person was only a clerk at the time of the injury, there is a very likely chance that they could have worked hard and risen to partner and within 10 years be making $300,000 a year. So how do you know? And how do you prove it? We hire vocational rehabilitation experts as well as economists. They will testify as to the present value of money and what others lawyers are making and how long on average it takes to rise to that position and they project that forward and calculate based on that what this person might have been making, compared to what he is able to make after the accident, and subtract and reward the difference.

In cases like these, there is no hard science and everything is really just an educated guess. That is why a good lawyer can artfully spin these numbers into the highest damages possible. There will always be a push and pull and compromise will come either in the mediation room or the courtroom. The plaintiff will claim he could have been a partner, while the defendant will claim they would have never risen past file clerk. In the end, depending on the lawyer, the jury, and most especially the credibility of the plaintiff, a somewhat happy medium will be reached.

Involved in a Car Accident? Follow These Tips

Published on March 22, 2009 in Personal Injury. 0 Comments

According to the National Highway Traffic Safety Administration, over 42,000 people were killed in auto accidents in the United States in 2005 alone. That statistic is staggering and amounts to one death every 13 seconds. Some occupations require that people spend more time in their automobile per day than anywhere else. We rely on our vehicles and often take driving for granted. According to statistics, everyone will either be in an accident or know someone who is involved in an accident in his or her lifetime.

Car accidents can be very traumatic and it can be very difficult to think clearly and make the right decisions following an auto accident. In the aftermath of an accident the last thing you want to do is deal with taking down information, taking pictures, exchanging information, etc. However, if you want to ensure that you are covered and compensated, there are many necessary things you should know and be prepared to deal with after being involved in a car accident.

At the site of the accident you should gather the following information:

• Exchange information. Be sure to obtain and exchange all information (name, phone number, license plate number, insurance information, etc.) from all driver’s involved in the accident.

• Take pictures. If you have the ability, take photos of the accident site, damage to the vehicle, as well as any visible signs of physical injuries to those involved in the accident.

• Police. Be sure to get a copy of any police report that is filed.

• Eyewitnesses. Obtain all information, including name, address, and phone number, of any witnesses of the accident.

After the accident, follow these steps to help ensure your claim and compensation is handled correctly and runs smoothly:

• Expenses. Keep records of all medical expenses and copies of all bills.

• Time off work. Keep track of how much work time was missed due to injuries suffered as a result of the auto accident.

• School time. Keep track of how many school days were missed.

• Take pictures. Continue to take pictures throughout your recovery process and be sure to document the date the picture was taken.

• Car repair. Keep track of all expenses spent on repairing your vehicle and copies of all bills.

What makes a Valid Dog Bite Compensation Claim?

Published on March 18, 2009 in Personal Injury. 0 Comments

Of all the personal injury compensation claims, claims for injuries caused by animals are the most successful, especially if the animal is domesticated and has an owner. Claims for dog bites are the most common and the victims are almost always compensated, without really having to prove much. This is due to the Animal Act, 1971, which recognizes that if biting or attacking in any form is part of an animal’s normal behavior, an individual who decides to own an animal, assumes responsibility for this ‘normal’ behavior of the animal and is liable to compensate anyone who is a victim of this behavior. Thus, in most cases, people bitten or attacked by dogs receive compensation. The only time this doesn’t happen is when the animal is provoked into attacking or biting.

Usually claims for animal injuries hardly need police or court intervention. The owner is automatically liable to compensate. However, to some extent, investigation is required, in order to ascertain whether the attacking was well within the normal behavioral traits of the animal. Thus, you and the owner may have to answer questions about how the incident occurred, if there were any witnesses, what is the animal’s temperament, etc. A problem can also occur if the owner of the animal is not known or if the animal is wild – in these cases, getting compensation can be quite difficult. Animal owners are aware of the fact that if their dog or horse injures another person while behaving normally, they are liable to pay compensation. Thus, they usually take insurance for such accidents.

An important aspect to understand is ‘normal behavior’. This is the animal’s natural temperament. For example, a Doberman who’s kept for guarding the house may bark and even bite an unknown individual who walks in through the gate. This is no surprise – this is what the dog was trained for. Thus, the owner is liable to compensate. It’s the law’s way of telling owners – “You knew your dog was fierce, and yet you want to have him, so please pay for any suffering he may cause to someone else.” On the other hand, Retrievers are known to be good natured and friendly. So, if a retriever attacks a skid, one cannot leave out the possibility that the kid was up to some mischief and could have provoked the dog in to attacking. Thus, the dog didn’t attack according to his general temperament. In this case, the owner is not liable to pay.

Unumprovident Insurance Denial Tactics

Published on March 14, 2009 in Personal Injury. 0 Comments

UnumProvident is the largest group disability provider in the United States. They handle 40% of all disability insurance.

Unfortunately, UnumProvident has been accused all to often of unfairly closing their insured’s existing claims in an arbitrary and unlawful manner and denying new disability claims.

UnumProvident has been subject to hundreds of lawsuits throughout the country for their improper refusals to pay valid existing disability claims. Professionals include doctors, accountants, corporate executives, lawyers, architects, financial planners and the like who have been denied payments in spite of having a valid disability.

If you or someone you know has been denied your disability policy claim, please immediately contact our Insurance Bad Faith Denial law firm at 800-718-4658. A qualified member of the firm will help you immediately.

Unbelievably, UnumProvident’s denial of insurance claims have been continuous. A corporate pattern has been documented by 60 Minutes. 60 Minutes interviewed UnumProvident employees who stated Unum’s goal was to close claims unfairly. They actually awarded adjusters who denied their injured claimants the benefits the insureds paid for. The program featured a physician who claimed that UnumProvident terminated his employment with them for his refusal to cooperate in their conspiracy of denying claims to injured people without a valid reason.

According to 60 Minutes, UnumProvident’s disability policies have led to nearly 3,000 lawsuits within the past 5 years. We and our co-counsel have handled hundreds, if not thousands, of claims against UnumProvident.

If you have been denied by UnumProvident your disability claim, please immediately contact our Insurance Bad Faith Denial law firm at (800) 718-4658. A qualified member of the firm will help you immediately.

Surf Machine Causes Whiplash Injury

Published on March 2, 2009 in Personal Injury. 0 Comments

Gwen Spurlock, a top young surfer was rushed to hospital shortly after using the new indoor surf machine at Swansea’s new £32 million leisure centre, the LC. Gwen Spurlock, the British junior surfing champion was using the machine at its media launch, when she fell off.

After the incident the 16 year old complained of persistent headaches and extensive, painful bruising. In hospital she was found to have swelling on the brain and whiplash injuries. In order to relieve the pressure on her brain and reduce the risk of brain damage, she underwent surgery.

In the operating room, two holes the size of 10p pieces were drilled into her skull in order to reduce the pressure on her brain. She has missed ten weeks of school as a result. As she is currently studying for her GCSE’s this is an unfortunate time for her to be missing so much school.

In another devastating blow, it now looks as if Miss Spurlock will miss the world championships in May. She was planning to travel to France at the end of May in order to take part in the prestigious event.

At the end of this month she will be back in hospital for a brain scan to monitor the results of her surgery.

Immediately after the incident, before going into hospital, Miss Spurlock commented on the website Surf Solutions on her experience of using the indoor surf machine at the leisure centre.

She stated that she fell off a number of times despite being an expert surfer, “which was funny at first but then became a bit painful – bruising and headaches are the consequences”

Unfortunately, her injuries turned out to be a little more than just bruising and headaches. Whiplash is a serious injury caused by hyperextension of the neck and the pain caused by it can last for weeks or even months. The swelling on her brain could have led to serious brain damage had she not sought medical attention.

The LC said that as a result of the incident they have introduced strict new regulations for people using the machine. Wetsuits and helmets are now compulsory and no more injuries have arisen as a result of using the machine.

The LC say that they have no record of any injury received by Miss Spurlock while at the leisure centre. Neither have they been contacted by Miss Spurlock or her family regarding the incident.

The leisure centre, which is run by Bay Leisure released this statement:

“We were made aware some weeks back, via a third party, that she had apparently experienced a ‘whiplash’ injury whilst on the surf rider and we immediately took extra safety precautions by making the use of additional protective equipment compulsory. We have not been approached by anyone representing Miss Spurlock on this matter and we were certainly not aware that she had been in hospital.”

Hopefully Miss Spurlock will have no lasting damage due to her injuries. The machine is one of only 50 worldwide and the centre hopes that it will be a major attraction for aspiring surfers. Boy Claims over Accident on Bouncy Castle

A boy who received injuries while playing on a bouncy castle at a neighbours party is suing his neighbours and his father over the injury. The accident happened 2 years ago when the boy was 11 years old.

Sam Harris was playing on the bouncy castle at his neighbours party when another partygoer, who at fifteen years old was much older, somersaulted onto the trampoline, catching Sam’s head with his heel.

As a result Sam suffered a fractured skull and “very serious and traumatic brain injury” according to his consul, Susan Rodway QC. He is seeking 1million in damages.

Sam, with his mother Janet Spalding, who was not present at the party, allege that Mr and Mrs Perry who held the party for their ten year old triplets were not paying enough attention to the children on the bouncy castle and are to blame for Sam’s injuries.

Miss Rodway said in the hearing that Mrs Perry was the only adult present and should have been watching at all times as accidents on bouncy castles are “eminently foreseeable” and anyone doing somersaults should have been stopped.

Sam claims that in addition to not paying due attention to proceedings on the bouncy castle, Mrs Perry gave him permission to go on the bouncy castle, despite his father saying that he could not go on.

Mr and Mrs Perry have said in court that Sam’s father, David Harris is to blame for the accident as he was present at the party and should have been keeping an eye on his son. Mrs Perry denies giving Sam permission to go on the bouncy castle, saying that she explicitly told him to keep away.

Mr Harris, speaking about the incident, stresses that he at no point acted in way which would put his son in danger.

“I regard myself as a responsible parent, at that time and at all times. My assumption was that two people were supervising the party and that it was safe in those circumstances. The problem only occurred at the moment the bigger boy acted irresponsibly. I feel I acted like any normal parent in assessing the risk in the situation.”

Graham Ekhand QC who is acting in defence of the Perry’s says that Sam, who was diagnosed with Asperger’s syndrome in 2004, was inclined not to listen to instructions. He referred to school reports in which teachers pointed out his inability to follow simple instructions.

Mrs Perry said that despite meeting and talking with Miss Spalding, she was never made aware of the fact that Sam had Asperger’s syndrome.

The high court hearing is expected to last a further three or four days, despite Judge David Steel who is presiding over the case saying that he does not see the relevance of Sam’s condition and is concerned at the legal fees being “thrown away” in pursuing the case.