Saturday, January 6, 2007

Clinical Negligence Solicitor For A Botched Surgery

Statistics do seem to indicate there is an upward trend is wrongful cosmetic surgery treatments; so, would you have a claim for clinical negligence following a bad cosmetic surgery experience?

It is hard to imagine that there can be a worse feeling – you go into have cosmetic surgery treatment to improve your features and hopefully boost your self-esteem and when you finish, you find that something has gone horribly wrong and you have been disfigured for life!

Establishing A Claim

In order for a clinical negligence solicitor to establish that you have a medical negligence claim, the solicitor needs to show that a duty of care situation existed between you and the surgeon and that the surgeon was negligent in this.

Fortunately or unfortunately, however you wish to look at this, prior to 1 April 2002 there was no method of ensuring that the private cosmetic surgeon who treated you had any specialist cosmetic surgery training. Indeed, even if they are still practicing today, if they started practising cosmetic surgery prior 1 April 2002, there would still be no requirement that they had received specialist cosmetic training.

For this reason, having established that a duty of care relationship existed, it should be much easier for your solicitor to show that the surgeon acted negligently than would otherwise be the case in a more mainstream medical negligence claim.

Alternative means of establishing a claim for clinical negligence compensation include:

Informed Consent

Nearly all cases involving cosmetic surgery negligence claims centre on the issue of whether or not you had the appropriate informed consent prior to the procedure. Basically, 'informed consent' means that the surgeon or doctor treating you is required to inform you of:

• the potential benefits of the cosmetic treatment you are about to have, something most cosmetic surgeons are very happy to talk about;

• the potential risks that are associated with the cosmetic surgery procedure you are going to undertake, something most cosmetic surgeons talk about reluctantly; and

• what the alternatives are to the treatment you are about to receive, something cosmetic surgeons sometimes fail to inform their patients!

Without your informed consent to the cosmetic surgery, it is possible for your clinical negligence solicitor to establish that a clinical negligence claim exists and to ask for clinical negligence compensation.

Injury Compensation

Besides lack of informed consent, a clinical negligent solicitor can also establish a case for clinical negligence in the event that you suffer any disfigurement or scaring following the procedure, or if the treatment results in you have some other form of disfigurement – such as damaged nerve-ends, damaged internal organs, abrasion, etc.

Dental Surgery

In addition to the more common claim of negligent treatment in cosmetic surgery, if you have recently received any cosmetic dental treatment that did not produce the results you were lead to believe would be the case by the advertising you read, or if the cosmetic dental surgery procedure was painful, or left you in any way disfigured, you may well have the right to claim for dental negligence compensation – so make sure you check this out with your solicitor.

Dental Negligence - Stupid Decisions Under The White Light

Whether it's down to the decaying services being provided by the UK's National Health Service (NHS) or because more of us are aware of the benefits of dental surgery, what is indisputable is that there are more compensation cases for dental negligence than at any other time in our history.

So, if you have been on the wrong end of a particularly nasty piece of dental surgery recently, how would you go about making a dental negligence claim?

Dental Negligence Solicitor

Even though some experts will tell you that the standard for establishing a claim of negligence involving dental surgery is easier than in other areas of medical negligence. There are less things that can go wrong in dental surgery than in hospital surgery, this is still a very technical area of personal injury law.

As such, top of your list of priorities following the dental procedure in question should be a visit to see a dental negligence solicitor. The solicitor should then tell you whether or not you have a personal injury claim to make against the dentist who did the botch!

In the event that you cannot afford a compensation solicitor, don't worry too much about this as most dental negligence solicitors these days are more than willing to agree to work for you on a no win no fee basis.

Basically, under a no win no fee structure, you will not be liable for the cost of retaining your solicitor because, should you lose, he has agreed not to be paid, and should you win, he'll be paid by your opponent.

Establishing Who To Sue

At your preliminary meeting with your dental negligence solicitor you'll need to determine who you are going to sue. As, in the UK, we have a dual system of dental care, between the private sector and the public sector, with many dentists practicing in both. Before you can submit your dental negligence claim you need to establish whether you saw the dentist in the capacity of a patient under the NHS system, or as a private patient of the dentist.

In the event that you saw the dentist as a private patient, then in all likelihood you will not be suing the dentist for compensation, but rather the dentist's insurance company! On the other hand, if you were visiting the dentist as a patient under the NHS system, then, again, you would not be suing the dentist for negligent compensation, but the NHS itself.

Standard Of Care

Generally the accepted reasoning is that dentistry is a 'tried-and-tested' profession where things can only go wrong if the practitioner has made a mistake. Nonetheless, as with all personal injury claims in the UK, you will need to establish that the dentist owed you a duty of care and was not diligent in undertaking his duties.

In this regard, so far as dental negligence is concerned, any dental negligence claim will need to show that the dentist did not exercise the professional standards set by the British Dental Association and/or the Dental Practice Board.

It's Your Right – Claim It!

You may feel that a claim for dental negligence compensation is a little trite – after all, it's not the end of the world! However, keep in mind two factors:

• even if it is the case that the dentist pulled the wrong tooth or gave you a filling you didn’t need, if you are an adult that tooth will never grow back and it has gone forever!

• dental negligence does not only cover the simple pulling of teeth, it also includes complex procedures such as root-canals and gum treatment. These procedures can not only be extremely expensive, but also extremely painful.

Friday, January 5, 2007

Medical Negligence Claim - Has Your Well-Being Been Affected?

Historically, courts in England and Wales have been very reluctant to find in favour of a plaintiff in any medical negligence claim brought against hospitals or local authorities.

Thus, in order to determine whether or not you have a claim for medical negligence, it is essential that you seek the advice of a medical negligence solicitor as soon as you possibly can after the event that transpired that led you to believe that you were entitled to injury compensation.

Overview – Establishing A 'Duty Of Care'

The crux to any medical negligence claim you make, whether such be against the doctor who operated on you, the hospital where you had the treatment, or the local authority under whose control the hospital comes under (or the NHS directly itself), is being able to prove that you were owed, what is known in legal jargon as, a 'duty of care'.

In this regard, clinical negligence will arise if you were owed such a duty of care and you were not treated with a reasonable degree of skill that would otherwise be expected from a skilled medical practitioner.

As such, if your doctor treated you in such a way that it could be considered careless, or lacked the training required, or if they disregarded the normal rules associated with treating your problem, then you may have grounds for a medical negligence claim.

Keep in mind, however, that previously the courts have said that even in situations where doctors have been 'on-call' for 24 and 36 hours, or more, and mistakes were made due to fatigue in service, a medical negligence claim may not get intimidated – so, it is imperative that you have a medical negligence solicitor representing you and protecting your interests from the outset if you want to stand any chance of winning your medical negligence case.

The 'Standard Of Care'

You would have thought that being a doctor was sufficient to assume that they should know what they're doing and have reasonably foreseen if they did cock-up, as it would result in a clinical negligence claim.

It is unfortunate in the UK, in any accident claim that involves doctors or medical practitioners, things can get nasty. For them it's wasted years of education if they get banned.

The medical profession is a close community and in most cases they will not admit that someone within their profession was negligent unless the actions of that person could be considered grossly negligent. For this reason you'll need a good and experience solicitor in medical negligent claims.

Prescription Period

If you believe that you have a cause to sue for medical negligence compensation, then you are required to start your claim proceedings within three (3) years from the event that caused the accident injury.

If you are entitled to claim, one of the few exemptions to this rule is medical incapacity. Otherwise, if you do not start your injury claim process before this time, you will forfeit your right to claim for compensation. As such, if a med neg situation does arise, see a specialised solicitor as soon as you can.

Cannot Afford To See A Solicitor

If you believe that you cannot afford to seek the advice of a medical negligence solicitor following what you believe is clinical negligence, don't worry – you can find solicitors these days who are willing to listen to your story and submit a claim on your behalf based on a 'no win no fee' basis.

Fortunately, in some cases no win no fee solicitors don't even take a consultation fee from you. You can make arrangements with your solicitor who will submit a claim for their fees at the conclusion of your case against the insurance company of your opponent (after you win).

So, if you believe you have a claim for medical negligence, don't be put off seeing a solicitor until tomorrow, go and see a no win no fee specialist in medical negligence today.

Understanding the Lemon Law

Are you a victim of a lemon law violator? If so, you have many rights that can protect you. Lemon laws were established to help protect the consumer against the purchase of a bad product. For an example, let’s use cars. If you purchase a car from a dealership or a private owner and are told that the car is in good working order, they have to stand by this. If you pull it out of the drive way of that dealership only to have it break down on the way home, chances are that the car was not in good shape to begin with.

Dealerships and anyone else selling used cars need to ensure to you that the car is in the condition they are selling it to you. They can’t tell you it’s brand new if it really has been around for years. In order to protect consumers from not too honest dealers, lemon laws were created. But, each state has their specific set standards for lemon laws. You can find out what your state’s lemon laws are and find out how they affect you whether you are buying or selling a car.

If you feel you have been a victim of lemon law violations, you have rights. The first thing that you need to accomplish is finding a qualified lemon law attorney. This is important because if you take on the dealership (as in our example) on your own, chances are good that you may miss something, make a mistake to cost you the case, or just not present yourself in a positive manner. Investing in a lemon law attorney can help to ensure that your purchase and case are taken care of in the best possible way.

Lemon laws are there to help you. In order to do so, though, you need to know how they work in your state and in your situation. To find out what your state’s lemon laws are, simply look on the state’s website or call a qualified lemon law attorney.

Thursday, January 4, 2007

How To Make A Criminal Injury Compensation Claim

If you have been a recent victim of a crime, then there is a very good chance that you'll be entitled to make a criminal injury compensation claim under the Criminal Injuries Compensation Scheme.

CICA – Criminal Injuries Compensation Authority

Great Britain has in place the oldest compensation scheme for people who suffer criminal injuries as victims of crimes, with the first version having been introduced in 1964. Based along the lines of a personal injury compensation claim, the CICA compensates victims of violent crime who have suffered any:

• injury, whether that be physical or mental, as a result of being the victim of a violent crime

• possible loss of earnings that the victim may endure as a result of such criminal injury

• bereavement suffered as a result of a loved one having died as the victim of a violent crime.

Since 1996 the CICA has adopted a fixed tariff criminal injury compensation scheme as set out by parliament in the Criminal Injuries Compensation Act 1995 for those who are entitled to make a criminal injury claim.

Making A Compensation Claim

If you plan to make a claim to the CICA for criminal injury compensation, then you'll need to show that you have suffered either physical or mental harm as a result of having been the victim of the violent crime in question.

Note that you need to show that a crime took place, you do not need to show that a conviction resulted from the crime you are claiming took place.

If you have grounds to believe that you have a criminal injury claim, you can obtain a compensation form from a personal injury solicitor, which you then need to compete and return.

The CICA then acknowledges receipt of your form and should process the claim. Keep in mind that this can be a lengthy process and can take anywhere up to 18 months after you have submitted the criminal injury compensation claim.

Also, as the scheme is for victims of violent crimes, the minimum compensation payable under the scheme is £1,000 and the maximum amount of compensation is £250,000.

Moreover, keep in mind that if you have made a claim for compensation under the scheme and are not satisfied with the initial compensation awarded for the criminal injury you suffered, you are entitled to submit a request to have a review of your criminal injury claim within 90 days of your original award being made.

If you still don’t like the award after this review process has been completed, then you can appeal your criminal injury compensation claim to the Panel of the CICA within 30 days of the outcome of the appeal process. If the Panel of the CICA award still does not satisfy you, you then have the right to appeal your claim to the High Court.

Are There Any Alternatives?

If you have been the unfortunate victim of a crime, you should speak to a criminal injury solicitor as soon as you can following the event. In part this is because the criminal injury compensation scheme is only for those who are the victims of a violent crime.

On the other part, you need to make sure you do this so that you can get the advice from your criminal injury solicitor as to any alterative compensation you may want to seek.

Any alternative compensation claim you do instigate will be based on a civil action for personal injury. As a personal injury claim can be expensive, if you believe you may have a case for personal injury compensation but do not have the funds to pay a costly solicitor, you should talk with a no win no fee solicitor to see if there is any chance they will represent you in your claim.

How To Calculate Your Whiplash Claim

How much is the pain and discomfort of your whiplash injury worth? A fair question, after all a whiplash injury is painful – so you should be compensated accordingly. Unfortunately, however, the level of compensation you get for your injury following an accident will depend on a number of variable factors.

The Whiplash Compensation Claim

The first of the variable factors will depend on how you make your whiplash injury claim. If you make a compensation claim directly against the insurance company, then you will likely be compensated in accordance with the settlement agreement you make with the insurance company.

However, if you decide to seek the advice of a compensation solicitor to handle your whiplash compensation, then you could be entitled to compensation categorised as

(i) General Damages and

(2) Special Damages.

General Damages For Whiplash

The overall amount that you may be entitled to under General Damages is difficult to determine as it is paid for the physical pain and suffering (i.e. the actual damage – such as a whiplash neck injury or something more serious) that you encounter as a direct result of the accident you had.

You may also be allowed to claim for emotional pain and loss of enjoyment of life as part of General Damages. Finally, if the pain and suffering you encounter as a result of your injury causes you to suffer psychological disorders, such as depression, then this may also be included in your compensation claim.

Although General Damage sums awarded by a court will be dependant on their set guidlelines, the details of your medical report detailing the extent of the whiplash, the actual injuries caused, and the possible harm it has had on your emotional state will, all play a pivotal part in the whiplash injury claim.

Special Damages For Whiplash

Unlike General Damages, Special Damages can be fixed to some degree and are payable to you as a result of you having encountered certain special losses because of the accident.

In particular, Special Damages are payable on any loss of earnings (including any potential loss of future earnings as a result of the accident) you may have to endure while you recover from the accident; car hire expenses you have to pay as a result of your car being in the repair shop; if you have to pay someone to look after you while you recover from your whiplash, these can be recovered; and if you have paid for medical attention to treat the injury, you can also include these in your claim.

If you want to claim for Special Damages you need to keep a careful track of all the payments you have made and where possible you'll need to have receipts.

Insurance Settlement

If you decide that you do not want to make a whiplash injury compensation claim through the courts, then you need to agree to enter into a settlement agreement with the insurance company. In this case you need to make sure you read the terms of the settlement agreement very carefully as insurance settlement claims usually contain provisions

(1) that the insurance company can pay you in instalments, rather than a one-off lump-sum payment;

(2) that once you have been paid the whiplash compensation by the insurance company you cannot reopen the claim in the future to try and get some more money and agree to no longer hold the insurance company liable for any future cost or loss.

Limitation Period To Bring A Claim

If you have recently suffered a whiplash injury, then you have a period of 3 years from the date of the injury in which to bring proceedings to court. If you fail to bring your whiplash claim to the courts within this time you will have forfeited your right to make a claim.

Whiplash Injury Solicitor

Whether you have suffered a neck injury, back injury, or bruising, in order to know exactly what your rights are you should seek a consultation with a personal injury solicitor or lawyer as soon as you can following the accident and in any case before you agree to sign any settlement agreement with any insurance company as they are not obligated to tell you what your legal rights are but also what compensation you should be entitled to.

Wednesday, January 3, 2007

Whiplash Compensation Claim - Take These Actions

Even the most cynical of us would agree that occasionally accidents do happen. However, more often than not, an 'accident' isn't really an 'accident' at all and a certain level of fault for the accident has to be placed squarely on the shoulder of the person who caused the accident. The same is certainly true in the case of a car accident. So, how would you go about getting proper whiplash compensation following a car accident?

Unlike other injuries that can occur in a car accident, more often than not the symptoms of whiplash, such as a whiplash neck injury, will not manifest themselves until the morning after. Usually, the accident will cause the whiplash to manifest in the form of:

• a headache, most likely all over the head with particular emphasis on the back of the head, or the forehead, or behind the eyes of the victim; or

• neck pain; or

• both of the above, with the headache likely to be more painful initially than the neck ache, but with the neck ache likely to be more prolonged and with the chance of this developing into Osteoarthritis in the future.

So, with an accident injury of this nature, i.e. one that does not manifest itself immediately, you would think that making a whiplash injury compensation claim would be an extremely onerous task – as causation proof of the injury would be difficult. However, you can make it easier to make a compensation claim for whiplash if you adhere to the following guideline procedures following the accident:

1. As Soon As You Can, Write Down Exactly What Happened That Caused The Accident To Happen

When you write your notes about what happened to cause the accident, which you should try and do as soon as you can following the accident. You need to make notes of exactly what happened leading up to the accident, during the accident and subsequent to the accident. You should also take note of:

• where the accident took place

• what the weather conditions were like (e.g. was it foggy and slippery?)

• what the time was

• whether there were any witnesses who can verify your story

• exactly what you said to the other person(s) involved

If possible you should use your mobile phone camera to take photographs of the damage done to your car and you, as well as of the road surface and the general weather conditions.

2. Have A Medical Examination Immediately

Even if you are not feeling too bad following your accident, it can take a few hours, even a sleep, for the symptoms of whiplash to manifest. However, the longer you leave it until you get a medical examination the more chance there will be that the person who caused the accident can say that your injuries could have been caused by something else other than the car accident. Or, worse, the whiplash injuries could have been mitigated if only you had sought medical attention earlier.

To protect both yourself and your potential whiplash injury compensation claim, you should take yourself off to the hospital and have a complete medical examination as soon as you can, following the accident. Once you have had the examination you should ask the doctor to write a report detailing the chances of you having suffered an injury as a result of the accident – including the chances of you having suffered whiplash.

If you do this, you may well find that it is a lot harder for the person who caused your injury to claim that the whiplash was the cause of anything but their actions.

Keep in mind that whiplash injuries can have lasting effects. They can also have a very dramatic effect on your life – especially if they manifest into Osteoarthritis. So do not take a potential whiplash injury lightly and make sure that you protect any future rights that you may have to bring a whiplash injury claim.

No Win No Fee Claim Solicitor - Benefits Of Appointing One?

If you were not already aware of it, the world of personal injury is awash with a new buzz-phrase: the no win no fee claim. However, what is no win no fee and more importantly, what are the benefits of appointing a no win no fee claim solicitor?

Origins

With the spiralling costs of Legal Aid swamping the UK treasury, the UK Government decided that the time has come to introduce a new method by which compensation solicitors could be paid for accident claims, thereby reducing the burden on them. The alternative agreed upon and put into operation in 1998, the no win no fee claim.

What Does It Mean?

Basically, a no win no fee compensation claim is available to anyone who believes they have grounds to make a personal injury claim for compensation. Under this conditional fee arrangement, an accident solicitor representing you in a personal injury claim is only entitled to be paid his fees if he actually wins the case.

Why Would A Compensation Solicitor Agree To Such An Arrangement?

Under the law, if you win your personal injury compensation claim, your compensation solicitor is entitled to claim his fees and expenses from your opponent. As a result, if your solicitor believes your case has merit, he'll be willing to work for you for free, safe in the knowledge that he'll be paid for his work by your opponent once he wins the case.

Is There Anything I Need To Be Aware Of?

Yes; sometimes a no win no fee solicitor will try to make you agree to pay his fees on the grounds that you can be reimbursed by your opponent once you win the case. However, you should keep in mind that the courts will only reimburse you for the reasonable fee costs of your solicitor - so if you agree to such an arrangement there is a chance that you will not be getting 100% compensation you are rightfully entitled to.

Also, you need to keep in mind that if you lose your personal injury claim, although you will not be responsible for your own solicitor's fees, you may be held accountable for fees off your opponent and even, possibly, the court's fees. So, if you are going to use the services of a no win no fee compensation solicitor you should make sure that you ask him who'll pay if you do happen to lose the case.

In this regard, a good accident solicitor will tell you that they have taken out insurance to cover this scenario. If, however, your solicitor has not taken out insurance, you should urge him to do so - as solicitors' and court fees are expensive and can easily be covered with a minimal premium paid to an insurance company.

What Are The Benefits Of Appointing A No Win No Fee Claim Solicitor?

Beside the obvious benefit of not having to pay for your solicitor's services - whether you win or lose - the biggest benefit of appointing a no win no fee solicitor is the fact that you'll receive 100% of the personal injury compensation you are entitled to.

In other words, none of the compensation you'll be paid from your no win no fee accident claim, will be eaten up in solicitors' fees and costs. In turn this means that the compensation you are paid can be put to good use that it was intended for - compensating you for the personal injury YOU suffered.

In addition to the above, because no win no fee solicitors are only paid on the basis that they win the personal injury case they are working on, they tend to be very good at what they do and are experts in personal injury law.

As a result, they'll most probably be able to give you the best advice on whether or not your personal injury compensation claim has a chance of winning.

Tuesday, January 2, 2007

Aviation Accident Lawyers & Lawsuits

Aviation Accident Lawyers & Lawsuits

Although today’s air travel is one of the safest forms of transportation, aviation accidents still happen and can become a living nightmare for those involved. There are many reasons that aviation accidents happen and they can all vary greatly depending on specific circumstances and problems that occur during the flight process.

Some of the accidents that occur deal with taxi and takeoff, descent and landing, mechanical failures, pilot error, poor weather and fuel mismanagement. Many people believe that aviation accidents can simply be caused by ‘bad luck’, however in many of the cases researched; the accidents could have been avoided all together. If the pilot and flight crew can perform their jobs without and mistakes, an aviation accident is much less likely to occur.

An aviation lawsuit involves a lengthy process which requires an experienced level of expertise. Litigation in the aviation industry generally involves expert witnesses with specific knowledge in certain aspects of aviation such as air traffic control, engine design and mechanics. These lawsuits are generally directed towards pilots or manufacturers of aircrafts, however sometimes pilot error can be blamed for accidents along with defective or malfunctioning machinery. Since planes are mass produced, if there are malfunctioning parts in one of the planes, there’s a chance that all of the models will have this defective part.

Extending Protections To Consumers Through A Motor Vehicle Lemon Law

During the 1980s, many states in the United States and some other jurisdictions in different countries around the globe began enacting lemon law statutes. The creation of lemon law statutes arose out of problems that consumers were having in regard to the purchase of new motor vehicles that turned out to be significantly defective.

Prior to the enactment of a lemon law in a given jurisdiction, a consumer's only real recourse if he or she purchased a car that did not mechanically live up to expectations was to obtain whatever relief that he or she could seek out of the provisions of a warranty. In other words, on a very real level, before the advent of the lemon law, a consumer truly did purchase a new automobile or other new motor vehicle in an as is condition. If there were problems with a new motor vehicle in the absence of a lemon law, the consumer was stuck -- plain and simple. There was no legal mechanism through which a consumer could return a chronically defective motor vehicle to a dealer without the specific statutory provisions that were found within a lemon law.

In time, many governmental leaders and consumer advocates began to realize the inherent unfairness in a consumer being stuck with a deeply flawed motor vehicle through no fault of that consumer. These leaders and advocates realized that the time had come to provide consumers some recourse if they ended up stuck with a truly tainted motor vehicle. As a result of this recognition that consumers deserved greater protection against defective new motor vehicles, the lemon law was born.

You do need to keep in mind at the outset that the typical lemon law only extends protection to a person who has made the purchase of a new motor vehicle. Used or pre-owned vehicles are not included within the prevue of the standard or typical lemon law. In addition, the typical lemon law only extends its protections to consumers who purchase a new car or other motor vehicle for personal use. A standard lemon law does not extend protection to new vehicles that are used for business, commercial or fleet purposes.

In general terms, the manner in which a lemon law operates and works is fairly simple. If you do purchase a new motor vehicle, and end up facing the same mechanical defect or disruption over a specified period of time (as set forth within the lemon law itself), you have the right to return that motor vehicle to the dealer that sold you the car in the first instance. The dealer has a legal obligation to refund the money that you paid for the defective motor vehicle in the first instance. In other words, the typical consumer -- a person like you -- does not end up with a defective motor vehicle that requires ongoing repair work. You are able to get the money you invested in the car back and are freed from the burden of owning a defective vehicle.

Monday, January 1, 2007

Work Injury Claim - Easy If You Make It!

If you had an accident at work, its consequences can get very complicated. A work injury claim can help if it disables and makes you less useful as an employee to the company. The recovery takes time and your co-workers can react in different ways when they have more work to do because of your health problems.

They may be unhappy with you slowing their work or they may think that you're practically being lazy and your injury is just an excuse so you needn't work harder.
So your situation at work gets worse, even though it's not your fault that you're suffering from an accident.

Accidents do occur and you shouldn't be punished for it. The injury may result in smaller earnings, you can be demoted, transferred to other tasks or lose a future chance of promotion.

Not to mention that one day you may hear from your boss, the time has come for you depart from the company and suddenly you are left with nothing.

Are You Going To Get Sacked?

On the other hand, you realise you can make a work injury claim. But you also think about it not being fair on the company and could jeopardise your relationship within. However a work accident claim can solve many issues brought to hand. Such as stating the obvious financial, the reason why we go to work. To get paid!

The injury assessment and medical report, once obtained from a medical specialist will determine the worth of your compensation claim. It could also bring to light areas at work that are dangerous to work and will help the company to improve and prevent further accident injuries.

It may also prove that your injury is more serious than your co-workers and bosses think. If the accident was not your fault, your company should bear all the consequences, as they haven't obeyed the Health & Safety Regulations.

A workplace accident claim can also compensate for many personal problems following your injury at work - because we can't forget that your life doesn't end at work as it affects your everyday life, both personal and social.

I Had An Accident At Work - What Should I Do?

There are certain procedures and things you should do if you want to make a compensation claim for a workplace injury. At the very beginning, your injury should be recorded in the company's accident book. If your firm has more than 10 employees, the presence of such book is required by law.

If for some reason the accident book is not available, you should advise your boss with a description of the accident and any injuries sustained. If there were any witnesses to the accident, they should add their knowledge of detail to the record.

You should also be asked to write down a detailed version of the entire situation - it's good to prepare it as soon as possible, so you won't forget anything and you will have it ready for any further proceedings. If you can, take photos of the workplace area plus any machines that were involved.

Then you should visit your doctor, so he or she could make a medical entry concerning your injury. If the injury is serious enough to make you unable to work, you should organise your statutory sick pay with your employer. It could also be useful for your accident injury claim to at least recover your earnings.

Of course, if you want to claim your compensation, the best you can do is to contact an accident solicitor, who will advise and guide you through the process of making a claim. Quality accident solicitor's services are free, based on a 'No Win No Fee' policy, which means that regardless of the claim's final result, you don't pay anything.

Injury Compensation - How To Get Back What You Lost?

An injury compensation claim is a common procedure for those who have been unfortunate to suffer the consequences of a personal injury and know only too well the life-altering effects it can have. Things that used to be simple tasks are now major obstacles, the simple pleasures of life seem to be slipping away and everyday is a struggle just to get through.

Work is no longer an option, along with all the activities you use to enjoy. If this sounds like the situation you or a loved one is currently in, then considering an injury compensation claim can make all the difference in the world.

You're Not Alone In The Struggle

Every year, thousands of people struggle to cope with serious personal injury, with many of them not realising the compensation they deserve.

Once injured, many people tend to hide away and refuse to acknowledge the damage that has been inflicted on their body. Not coming to terms with an accident injury is one of the most dangerous things a person can do. It can lead to increased mental stress that can have a big impact on family and friends, and possibly slow down the recovery and rehabilitation process.

It also prevents the injured party from receiving the deserved compensation to help with the financial difficulties that often strike in these difficult times.

Get The Help You Deserve

You wouldn't skimp on rehabilitation if it was a family member or another loved one who was injured, then why deny yourself the necessary treatment. Financial troubles are the last thing anyone needs when trying to recover from a serious injury.

A successful accident claim will give you the financial freedom you need to get back onto your feet and fully recover. A caring and trustworthy solicitor will be your best offence and defense in getting that help.

I'm Ready For Help! Now What?

The decision to claim compensation can be your turning point. It is not a decision that many people make lightly; they realise that any possible court proceedings can be frustrating, and that choosing the right accident solicitor who understands their personal needs can be just as frustrating.

The right compensation solicitor will be the one who is truly interested and concerned with helping you and not just collecting his/her fees. Together with the right solicitor, you can get the compensation you deserve and help get things back on track.

Life After Your Compensation

With your successful injury compensation claim, it can feel like 100 pounds has been taken off your back. No longer stressed out about how to make ends meet. You can now concentrate on rehabilitation and returning to the activities you loved before the accident.

The psychological benefits from your injury compensation can be the greatest reward of all. The negative feelings and self-pity quickly dissolve, allowing you to concentrate on your life and allowing you to once again open up to your family and friends.

Sunday, December 31, 2006

Personal Injury Compensation - The Edge

There are too many situations in which an accident injury can happen. Whether outside or at home, even if you are a careful person, the rest of the world is not as perfect. The only thing you can really do is to protect yourself from the painful consequences of personal injuries and, if anything happens to you, all you can do is claim for personal injury compensation.

All injuries, particularly the severe ones, have more or less traumatic experiences and they can seriously affect both your personal life and work. Such situations can make you a victim in two ways: first by the injury itself as damage to your health and second by the moral, social and material losses following the accident.

You can't turn back the flow of time and avoid what has already happened but a personal injury claim can compensate you for the rest of your problems.

Bad Experiences?

In the past, many companies offered their services to injured people using harassing and not very honest methods. They intruded accident victims at home, pushed ill people into court cases and sucked their wallets dry regardless of the final verdicts.

Even if a person won their injury claim, they would get only a small piece of the compensation, because these companies took most of their money for their fees and other costs.

They didn't care about the well being of their clients - only about 'the profit'. People were bitter and they felt conned by their advisors - and any advisor should be a trustworthy person.

This situation changed with putting the 'No Win No Fee' policy into practice. What was even better, the policy evolved into 'Win Or No Win No Fee' rule. The new methods for solicitors had changed the form of injury compensation claims and made them what they should be from the very beginning: the help and relief for people suffering from personal injury.

What Does 'No Win - No Fee' Policy Really Mean?

Each personal injury compensation claim needs money. The injury has to be assessed and the medical report must be prepared. The court fees and other payments must be paid, too. And finally, the no win no fee solicitor should earn something as well.

But does it mean all these costs ought to be paid by you? Absolutely not! After all, the aftermath of an injury itself is expensive and troublesome enough and you need every penny from your compensation. More than just need: you deserve it!

The deal is simple. First of all: you choose a personal injury solicitor and contact them, not inversely.

If you employ them, the solicitor pays all the fees and bills along the way to your injury claim settlement. They take care of everything. These costs are paid by the solicitor whether you win or lose your compensation claim. They put their money, not your, into the case and they take all the risk. If they lose your claim, you don't lose a penny - why would you, if they didn't help you?

If you win, you get 100% of your injury compensation money and the solicitor receives all payments, fees and bills from the losers or their insurance company. This kind of deal is absolutely safe for you and - what is quite logical - it assures you that the personal injury solicitor will do their best to win. As you can see, the 'No Win No Fee' method is simple and honest - no hidden costs, no small print, no strings attached.

Any personal injury is a big problem itself. Serious injuries can drastically change your life. But with the right solicitor's help and later, with the money from successful personal injury compensation claim, you can easily return to the normality.

The health problems, any psychological damage, costs of medical treatment, loss of income, job issues and many others losses may be compensated thanks to a personal injury claim.

Are You Thinking About Filing For Bankruptcy Protection?

Bankruptcy Overview

Bankruptcy, when you come right down to it, is the process that enables those who are unable to pay their debts get a fresh start.
It allows for some or all of these debts to be discharged or reorganized. Individuals or businesses may file bankruptcy.

This enables you to clean the slate and get a 2nd chance with your finances. In most instances, bankruptcy provides a fair method for compensating your creditors as well.

The bankruptcy process need not be your worst nightmare. However, there are certain requirements that must be met. You will be required to file a list of all of your outstanding debts and a complete list of your
assets. This is done with the help of your lawyer thru the Federal Courts.

To make this process easier to understand, your "Assets" fall into two categories.

They are: Exempt and Non-Exempt

Exempt assets are the property or belongings that you do NOT have to use to pay off the debts you have incurred.

In other words, exempt assets are off the table, (not in play) and may not be touched by your creditors.
In most instances this includes a certain amount of equity in your home, and some of the equity in a vehicle. For the most part, your clothing, and other personal items are deemed exempt. This does not include the expensive jewelry, furs and the big boys toys.

Next, you will be assigned a "trustee" by the Federal Bankruptcy Court to administer the payment of your debts.

Your debts also fall into two categories.
They are: Secured debts and Unsecured debts.

A Secured debt is one in which the creditor retains a "security interest." Most often it is the same property that was purchased with the credit that creditor extended.
Secured debts occupy the first position. This means they enjoy priority over non-secured debts, and must be satisfied first.

If you are unable to pay off secured debts, the creditor has the option to repossess that property and sell it. If there is any "short fall", that remaining debt is now considered unsecured. It doesn’t go away, it has only changed from secured to unsecured.

Once you have filed for protection, the court will issue an "automatic stay". This stops your creditors in their tracks. They may not take additional action against you beyond the bankruptcy.

This allows you to avert impending repossessions and foreclosures.

Chapter 7

In Chapter 7 Bankruptcy you are in fact liquidating your assets. This means that you are only permitted to keep "exempt" property. The remaining non-exempt property will be sold to the highest bidder. The proceeds of the sale are applied to the outstanding debt. The shortfall or amount left unpaid by the sale is then discharged.

In Chapter 7 Bankruptcy there are a few debts that are not dischargeable. They include taxes, back child support, DWI fines and student loans.

Chapter 13

In Chapter 13 Bankruptcy you are trying to regroup, recoup and get back on track. It is commonly known as the "reorganization bankruptcy for individuals."

Individuals who want to pay off their debt over a period of three to five years file Chapter 13 bankruptcy.

Chapter 11

Chapter 11 Bankruptcy is commonly used as the reorganization tool for businesses. This kind of bankruptcy is attractive if you own "non-exempt" property that you want to protect.
Chapter 11 will also help you to catch up on bills that have fallen into arrears. It effectively blocks an impending repossession or foreclosure.

Not everyone is eligible for a Chapter 13 bankruptcy. You must have a reliable source of income that is sufficient to pay your reasonable everyday expenses and still have an amount of positive cash flow with which you begin paying off past due bills.

If you file a Chapter 13 you are required to submit a plan to repay your debts that includes a set timeframe and set amounts to be repaid. Upon approval of the bankruptcy court, both parties (debtors & creditors) are obliged to accept the terms of the order

What To Do Now

Choosing your bankruptcy lawyer is an important decision.

This beginning process allows you to evaluate and determine your best course of action. This discussion is also your opportunity to satisfy yourself that the Jersey Justice sponsoring attorney’s fees are reasonable for your type of case.

Am I Making The Right Decision?

In all likelihood you are stressed and feeling the pressure to seek professional help with your finances.
Your decision to look for an experienced bankruptcy attorney may be the best financial decision you have made in a long time.

Even taking the beginning steps to consult with an attorney takes enormous courage. You may even be thinking about struggling through all the mess on your own. That could be a very lonely path.

Before you make the decision to go it alone, ask yourself a few questions. If two or more of these are you, then it could be the perfect time to seek the services of a bankruptcy professional.

Are You:

receiving harassing or threatening phone calls from people you owe?

paying the minimum payment possible on your credit cards?

taking out Payday Loans? (which by the way are illegal in NJ)

begging for loans from friends and family?

about to lose your job?

behind in your taxes?

receiving foreclosure notices?

behind in child support or alimony?

gambling to try and make ends meet?

sick and unable to even go to work?

If your answers indicate that you are in financial deep water, bankruptcy may be your best solution, but you will never know for sure until you get the advice of an attorney.

How Will Bankruptcy Effect My Life? Your Bankruptcy Attorney will be able to explain some other very important considerations.

What happens after bankruptcy?

What will my life be like?

Will I ever be able to get credit again?

How do I live within a budget?

How do I start all over?

How do I rebuild my credit?

If these nagging questions are on your mind, then a bankruptcy attorney is right for you.

It is true. A bankruptcy can be a persistent source of blemishes on your credit report for up to 10 years.
The good news is you are able to start re-establishing your credit the moment your case is closed.

How good is your present report? It is probably already suffering the consequences of late payments, delinquencies and every other known credit report disorder.

Think about this. Your credit score could actually improve due to the elimination of most of your debt. Lenders actually believe that you are a better credit risk now since they know that you may not file bankruptcy again for another six years.

At about 18 months to 24 months into your bankruptcy you will even be able to qualify for a new home loan if you are able to come up with a minimum down payment backed up with proof of income that supports the debt service.

Auto loans are available to individuals upon discharge of your existing debt. And believe it or not you will start receiving offers for credit almost immediately. But "caution" is the watchword at this critical point in time.