Monthly Archive for April, 2009

Virginia Personal Injury Lawyers Must Know How to Link Texting to Accidents

Published on April 27, 2009 in Law. 0 Comments

I have previously written about the dangers of texting while driving, but the latest news from the National Transportation Safety Board (NTSB) provides more tragic proof of the reality of these dangers.

The NTSB is investigating the recent Los Angeles Metrolink commuter train crash, which resulted in 25 deaths and 128 people injured. According to recent reports, it is suspected that the engineer of the train was text messaging when the train ran a stop signal and crashed into an oncoming freight train.

Virginia personal injury/accident lawyers also have the ability to prove a driver who caused an accident was texting.

At the beginning of a lawsuit, lawyers can simply issue a subpoena for the driver’s cell phone records from the provider by obtaining the driver’s cell phone number.

Diligent Virginia injury lawyers should also be sure to ask whether the person accused of causing the accident has a work phone or uses more than one phone. If so, these providers should also be subpoenaed.

Also, Virginia accident attorneys should inquire as to whether the driver suspected of causing the accident has a blackberry device in addition to his/her phone. If so, these records should be obtained.

Further, an experienced Virginia accident lawyer will inquire about passengers in the car of the person accused of causing the accident and obtain their cell phone information as well.

It is a well-known fact that drivers frequently text “through” passengers’ devices by “dictating” messages to their passengers to be sent.

All of these cell phone records will demonstrate the time each text message was sent or received, as well as the same type of information for telephone calls. These records may also prove that the at-fault driver was on the job at the time of the wreck, which could permit a claim against that driver’s employer. As we all know, many employers provide cell phones and/or blackberry devices to workers and do not limit their use to just normal working hours.

If a driver caused a catastrophic automobile accident because he had his eyes and hands on his cell phone instead of the road or was otherwise distracted by passengers texting or talking on their phones, then Virginia personal injury attorneys can build a substantially better case for their clients using cell phone records as evidence to prove the other driver’s negligence.

Is your Virginia accident lawyer doing this in your case?

Personal Injury and Medical Malpractice

Published on April 23, 2009 in Law. 0 Comments

Personal injury is the name given to the branch of tort law that covers any wrongdoing or damage done to another in his/her person, property, rights, or reputation. A personal injury can happen any where such as work, in a traffic accident, because of a faulty product or a faulty repair, due to bad medical treatment, or because you slipped and fell on a wet floor or pavement.

The personal injury can be physical or psychological but, to be considered actionable, it must occur due to the negligence or unreasonably unsafe actions of your employer, a manufacturer, your doctor, your landlord, or some other person or organization who owes you a duty of ordinary care. If you think you may have a case for a personal injury settlement, please contact a personal injury lawyer or personal injury attorney.

Selecting a lead counsel rated personal injury attorney for your legal case is a very important decision. An initial consultation from a personal injury lawyer will have experience in todays legalities involved in a personal injury case.

Personal injury can be defined as any physical or mental injury suffered by an individual that is the result of another parties negligence or wrongful act. There are so many things taken into consideration to determine how much a personal injury claim is worth, and it can be tough to set any dollar amount on injuries you suffer in an accident.

You may be entitled to compensation for medical bills, time lost from work, medical costs for ongoing injuries, pain and suffering, and so on. There are no formulas that a single jury or a judge is required to use in order to determine these damages and the compensation is based on a case-by-case basis.

For more information about your specific legal claim, it is best to speak with a qualified personal injury attorney to discuss your litigation options.

Below I have pen pointed specific personal injury cases:

* Auto/Car Accidents

* Aviation Disasters

* Plane Crashes/Accidents

* Birth Injury

* Brain Injury

* Food Poisoning

* Dangerous and Defective Products

* Dental Malpractice

* Dog Bites

* Medical Malpractice

* Nursing Home Neglect

* Products Liability

* Catastrophic Injury

* Slip and Fall

* Spinal Cord Injury

* Unfair Insurance Practices

* Wrongful Death

If you have suffered any type of personal injury including bodily injury, sickness or disease resulting from libel, slander, malicious prosecution, someone else’s neglect, false arrest or false imprisonment, or if you have lost a loved one due to any of these factors, you need to consult with an experienced personal injury attorney right away to protect your legal rights and fight for the compensation to which you may be entitled.

Each year, thousands of people are injured due to medical malpractice. Medical malpractice is defined as an instance when a health care professional is negligent in the care he or she provides and causes injury or damages to a patient.

Now, it is easy to make such a claim as many people do but it is difficult to prove. You cannot simply sue a doctor for medical malpractice because his treatment was not effective in treating your disease or injury. That is why, when faced with the possibility of medical malpractice, it is important to consult with a medical malpractice attorney.

Medical malpractice attorneys specialize in these cases, and their job is to study the standards and practices of health care providers. However, these standards can vary based on the state. For example, an experienced medical malpractice attorney would ideally be well-versed in health care practices and medical malpractice claims.

Working with a local medical malpractice attorney that is knowledgeable of state laws and experienced in handling such claims can ensure that you will be given the best chance at successfully receiving your due.

Contact a medical malpractice attorney if you suspect that you or someone you care about is a victim of a health care providers negligence, and you will learn more about the options available to you.

Compensation for Accidents in Scotland

Published on April 19, 2009 in Personal Injury. 0 Comments

A road accident could be quite nasty and involve many people and vehicles. IT could result in injuries of different severity. You could suffer grievous injuries in a hit-and-run case, a head on collision with a larger vehicle could result in serious damage to property and loss of life too. You could also suffer injuries as a passenger in the vehicle and if you’re the driver it could get worse.

Road accidents are also quite common and although we don’t hear of serious accident all the time – minor dents and scrapes are also quite enough to count as car accidents. In Scotland, 2007 saw approximately 16,000-odd accidents. If you think that this number is shocking, you might want to consider this – it was 22,000 just 10 years ago. A reduction of 28% is pretty commendable.

The Scottish law allows victims of such accidents to claim compensation if the accident happened through no fault of their own. This legal machinery works with the aim of compensating the victim for the physical damage, pain and suffering as well as monetary losses that result out of the accident, like medical expenses, loss of property, loss of earnings, etc.

This machinery is available to victims for up to three years after they’ve suffered the accident. The claim is valid as long as it is filed within 3 years of the accident. Depending on the amount of compensation claimed and the severity of the accident, claims usually take about 8-9 months to get through. If the compensation is fairly large, it could take longer – since insurance companies do not really look forward to making large payments.

Usually, claiming compensation can get a bit tricky because of the legalities involved – specially for those who’re doing it for the first time. Thus, it makes good sense to engage a personal injury solicitor who can guide you through the entire process of making the claim, negotiating and also taking the case to trial if negotiations fail. Many are worried about the fees of the solicitors and often get trapped in the no win no fee agreements. Although these agreements are quite legal, they’re not acceptable everywhere. The no win no fee arrangement holds good south of the border, and you had better check the legality of any solicitor offering you such a claim twice.

Generally, Scottish law provides that a lawyer’s fees be paid out of the claimant’s compensation, unlike other laws which ask the defendant to pay up the claimant’s solicitor is case the compensation does get awarded. How much the lawyer is paid out of the compensation depends upon the compensation you receive. The lawyer will generally get a percentage of the compensation and the higher the amount of compensation, the lower his percentage. To find out more about solicitor’s fees in a claims case, contact The Law Society of Scotland.

Why You Should Use a Personal Injury Attorney For Mass Transit Accident Claims

Published on April 7, 2009 in Law. 0 Comments

Fortunately, most people go through their entire lives without ever running into any major trouble while using public transportation. Every day, millions of people use things such as public buses, trains, planes and boats without incident. According to many statistics, these types of transportation are often thought to be far safer than private transportation methods like automobiles and motorcycles. However, when an accident does occur in a public transit setting, those who suffer injuries need to protect their rights; as such, hiring an experienced personal injury attorney is one of the best ways to do so.

Many laws govern how various types of public transportation are conducted. Whether it be buses, planes or other forms of transportation, the law is quite clear regarding passenger safety. It is unsettling, then, to find out how many injured people fail to be adequately or fairly compensated when incidents occur. When an accident happens in public transportation, the responsible party is often quick to rush forward with compensation of their own determination. When offered to the dazed, injured passengers involved in the accident, it is often accepted – and any further action against the company is rendered impossible.

The second that you or a loved one is involved in a mass transit accident, it is imperative that you seek the legal aid of a professional lawyer. While many law firms specialize in personal injury cases, far fewer are truly knowledgeable when it comes to mass transit cases. Your odds of receiving truly comprehensive compensation are greatly improved, though, when the attorney that you hire has proven experience in things like plane accidents, bus accidents and other mass transit mishaps.

Even if you are involved in a mass transit accident and do not feel that your injuries are that serious, failing to protect yourself with an attorney is a major mistake. Many injuries do not immediately present themselves; also, the nature of many public transit incidents can cause serious post traumatic stress disorders in the people who are involved. Being a passenger on a public vehicle that is involved in an accident can be a terrifying experience; holding the responsible party accountable is essential.

When injured passengers on public transportation fail to hold the responsible party accountable, nothing changes for the better. All too often, the very same circumstances that caused the accident can occur again and again, when no one attempts to hold the company liable for their injuries. If nothing else, holding these companies accountable is a means of protecting future passengers; after all, you certainly would not want anyone else to go through what you did.

An experienced law firm can make going about the process seamless and effortless. Knowing that you have an attorney by your side who has your best interests at heart is a wonderful thing. Rather than wonder whether you should have done more, you can hand all of your worries over to a professional lawyer and allow them to handle the repercussions for you in a court of law. Don’t be one of the people who allows their rights to be violated by large mass transit conglomerations; if you are injured on public transportation, protect yourself by hiring an experienced personal injury attorney.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.