Understanding Car Accident Claims And Whiplash

Certainly there are an enormous number of car accidents on the road every day, and inevitably in a large proportion of those either the driver or passenger is injured. Although some of these injuries are minor cuts and bruises which won’t take long to heal, in some cases the injuries can be much more severe. In these cases an accident claim is often the best way of making sure that you can cope with the immediate uncertain future.

One of the most common injuries sustained when involved in a car accident is whiplash. A whiplash injury is caused when a vehicle behind you crashes into the back of your vehicle, pushing your vehicle forwards. Because of inertia, your head is thrown backwards against the headrest, and then rebounds forwards, possibly into an airbag.

But although an airbag can help to protect your face and skull from injury against either the steering wheel or the dashboard, this flexing of the neck backwards and then forwards very quickly is what causes a whiplash.

The symptoms themselves might not appear for several hours or even a day or two, but when they do they can often be very severe and long-lasting. Restricted movement or pain in the neck area is only one of the many symptoms caused by whiplash.

Other symptoms can involve headaches, nausea, memory loss, confusion, depression, vomiting, backache and even blurred vision. Clearly with any of these symptoms it is unlikely that the person will be able to drive, nor will they be able to work. The symptoms may last for a matter of days, weeks or even months. In a few very unfortunate cases whiplash can remain virtually permanently.

Whether you were a driver or passenger involved in a road accident probably one of the last things on your mind will be contacting a solicitor and making a claim. Indeed it is highly probable that the people who do think of this straightaway are those who end up giving a bad name to compensation.

For most people the immediate concern will be for their own health and welfare, and those of their passengers. It is important therefore to make sure that immediately after an accident medical attention is obtained.

It is also important to make sure that all details are recorded, including the registration numbers and details of other vehicles involved, the name and insurance company of the driver of any other vehicle, and details of any witnesses.

Once you have received the initial medical attention is then that you will be best advised contacting a personal injury solicitor and discussing your road accident claim.

Car Accident Lawyer Help After a Collision

Nearly everyone is driving in today’s day and age and with more automobiles on the road there are naturally more collisions. The risk of serious injury or death in this sort of situation is incredibly high because there is so much speed combined with broken glass and twisted metal that the risk for damage to one’s person is significant. For those who have suffered the unpleasant experience of colliding with another vehicle, regardless of whose fault it was, it is necessary to retain the services of a qualified car accident attorney.

The cost of replacing or repairing an automobile after a collision is often in the several thousands of dollars. If you were hit by another person, even if they did not do anything negligent, you need the help of a car accident attorney to be assured that insurance and the other driver offer complete compensation for the damage and for any bills you may have accrued. With a lawyer it is even possible to gain compensation for lost wages and future lost income in addition to pain and suffering remuneration.

This last part is where most people end up suffering the most from the consequences of a collision. Insurance will often pay for the vehicle and the medical bills but it is the loss of wages that ends up causing the most problems. That is because in some instances after an injury there is significant recovery time during which a person may be incapable of performing the functions of their job. In fact, for many people it becomes impossible to return to the field in which they were once employed and that means they have to take a position in another industry, possibly at a lower wage. If this happens a good car accident attorney can often fight to get the responsible party to pay the difference or pay for a person’s disability.

The best time to retain a car accident attorney is immediately after the incident. Of course, one should go to the hospital and be examined and treated first but then the sooner that representation is secured the better. These lawyers will know what sort of documentation needs to happen to ensure that all medical bills are paid and they also know that it is necessary to do some research and compile a strong case to support the injured parties story of events. They know that the way one wins sufficient money and restitution is by having plenty of facts that support their case and their claim to serious injury.

Without a car accident attorney it is possible that a victim may not receive sufficient repayment for their bills and their damage. It is also likely that at the insurance company and the responsible party will negotiate out of paying for lost wages. In order to avoid this it is always best to consult with a lawyer and see what can be done to ensure one’s rights are protected.

Been Injured? Get Injury Compensation Advice Straight Away!

Do you know what to do when you have suffered an injury at work, on the road or in a public place?

There are correct procedures to follow and different laws in each State and Territory. Your actions can have a serious impact on your entitlement to injury compensation.

The quickest and most important action is to contact an injury advice line. An independent organisation offering injury advice will take you through the steps you need to follow.

Strict time limits apply so make contact straight away or you may miss out on legal compensation.

Getting injury advice from an injury advice line may put you in a better position and save you from jeopardising any of your rights to injury compensation.

Strict time limits apply in all parts of Australia, so get injury compensation advice straight away after your work accident or car accident.

You may benefit from speaking with an accident injury attorney. At an Accident Injury Compensation Helpline you can be connected with an accident injury attorney. Accident injury attorneys are hand-selected and approved by the Injury Helpline.

Selected Accident injury attorneys, qualify for a number of reasons:

They offer free legal advice and a free consultation

  • Lawyers will act on a ‘no win no fee’ basis if your case qualifies
  • Lawyers are work claim and road accident claim injury experts
  • Lawyers are experienced legal specialists in your State or Territory
  • Lawyers have a high success rate and excellent negotiation skills
  • Lawyers care for their clients and will treat you fairly and charge reasonably
  • Lawyers are in a good position to support your claim and offer you a personal service

If you have a permanent injury and one that involved another party (or parties) acting in a ‘negligent’ manner, you may require representation by an accident injury attorney.

An accident injury attorney can fight for your rights to maximise your compensation claim payment.

Your rights and entitlements will be based upon the laws of the particular State or Territory in which your accident occurred. There may be thresholds which affect your rights.

Remember strict time limits apply across Australia. Contact an injury advice line as soon as possible. One call may make a big difference to the outcome of your accident injury claim.

You are entitled to injury compensation by law. It is very important you make yourself aware of your legal rights to compensation by seeking injury advice. Your legal entitlements will depend on where your injury happened and the specific circumstances of your injury.

What You Need to Know About Premises Liability Law

Outdoor places like supermarkets and amusement parks have their inherent risks by nature. In any event that there is a potential risk associated with one’s property, whether the place is business or residential, the owner of that property can become legally liable in case a person gets injured on the property. Under the premises liability law, the owners of properties have a legal obligation to keep their property safe for visitors.

In any event that an accident like slip and fall takes place on any legal property, there is a high chance for the injured victim to claim premises liability and make the property owner legally responsible for the accident. Take note that there are virtually no place exempt from the legal responsibilities of property owners to ensuring safe conditions for visitors to their places. Owners of public sidewalks, to supermarkets, to government owned buildings, and everything in between are held responsible for maintaining a safe environment for visitors.

The nature of the accident and the severity of the injuries are both assessed when there is a claim for premises liability. The severity of the injury and the conditions of the property should be established before a case is decided upon within a ruling court.

The most common examples of premises liability cases include injuries in a retail establishment, dog bites, and injuries in water parks, parking lots, airports, and amusement parks. In some cases such accidents are purely accidental in nature. In most cases, however, these accidents could be avoided if proper precautions were taken by property owners.

The outcome of an accident is devastating. It could result in catastrophic injuries. For instance, a slip and fall accident in a public place can result in traumatic brain injuries if the head hits a hard surface due to a slippery or wet floor. On the other hand, at amusement parks, people may ride and fall to their death.

Private properties are no less than safer than public properties. For example at a private residence, a small child can drown if he or she is left unattended in a swimming pool, or people can be viciously attacked by a dog. A teenage girl could be molested or stabbed to death in a dark pathway, which constitutes “negligent security”. All these examples fall under premises liability law.

In any event that you or a loved one becomes a victim of such accident, it is very important to seek legal damages. You must talk to an accident lawyer may advice you what to do.

Choosing An Accident Claim Lawyer For Post-Traumatic Stress Disorder

Have you recently been involved in an accident that not only caused you pain and injury but has also put you through a large amount of post-traumatic stress? Post-traumatic stress disorder is a condition that often occurs in people who have been through a tragic ordeal, such as an extreme car accident, involvement in a war, physical abuse or other instances where you can be both physically and emotionally scarred. As you are trying to find an accident claim lawyer to represent you in your personal injury case, it is recommended that you find an accident claim lawyer who is familiar with post-traumatic stress disorder as well.

Since we all have a different emotional makeup, it is difficult to tell at first if a person will be affected by PTSD after an injury. But as time goes on the injured person will begin showing signs of the disorder if they do indeed suffer from it. Some of these symptoms may include…

• Disturbing recollection of the traumatic events which leads to distress

• Reoccurring dreams or nightmares about the event

• Feeling like the event is occurring over and over again

• Psychological distress when faced with other instances that are reminiscent of the accident

• Detachment from friends and family (depression and anxiety may set in)

• Avoiding activities or going to places that may trigger unwanted thoughts about the event

Fortunately, there is some good news if you find that you are struggling with this condition. You can seek psychological help so that you can get back to your old self once again. Also, you can find an accident claim lawyer in your area that specialises in cases that involve PTSD to help you gain more compensation for your claim. Choosing the right accident claim lawyer to assist you in your case will help to determine whether or not you will receive additional compensation for PTSD.

If you would like to include your post-traumatic stress condition in your case, it is recommended that you go with a solicitor who has plenty of experience working on cases involving post-traumatic stress disorder. When working with this type of accident claim lawyer, it is very important that you give them all of the details about the accident itself as well as what you are going through both physically and mentally. If you are already seeing a psychologist and have been diagnosed with PTSD, then ask for a copy of your records so that you may allow your accident claim lawyer to use them in your case. Although it may be difficult, it is vital that you are completely honest with your accident claim lawyer so that they can get you all of the financial compensation possible by using the details and medical proof you provide them with.

As previously mentioned, it is best to locate an accident claim lawyer who has several years of experience working with post-traumatic stress disorder cases – but why? Well, they will know more about how the system works when it comes to getting around any problem areas and providing you with the results you deserve than a new accident claim lawyer who has not dealt with PTSD cases. Choose the accident claim lawyer that you feel most comfortable speaking with since you will have to discuss the details of your experiences with them. The more that you are able to share with them about your PTSD, the better off you will be in the end.

Three Things to Look for When Hiring a Personal Injury Lawyer

If you have been seriously injured and are looking to hire a law firm or an individual lawyer to get you the compensation you desire then there are some very important things you need to consider. I will cover the three we feel are the most important.

Just Any Lawyer Won’t Due

Don’t just call any lawyer; you need one who specializes in personal injury cases. Personal injury is a very particular area of law and when the stakes are so high, you want an expert in that area to represent you!

These lawyers know how the insurance industry works and how to get results. There is a lot more involved here than just getting money. A good injury lawyer will know how and where to access the various community services that will be big part on your road back to health.

I know this sounds rather “tired” but you want to ask for referrals from people they have represented in the past. Ask them for client referrals. Check them out on Google; you may be surprised by what you might find. It’s always best to interview at least to different lawyers / law firms before you make a decision.

What is Their Track Record?

Are they successful in getting their clients the help and money they are entitled too? What you want to know is what have been the amounts they have gotten for others in a similar circumstance. Just because, in most cases, the law firm will get a percentage of the final settlement that does not always mean the get the maximum amount possible. Maybe they settled out of court quickly just to make a fast buck.

Most of these cases are settled out of court but you still need to educate yourself as to what is fair and what is not. Because the recovery can span months or even years or maybe not at all, don’t settle just because you are advised to. Do your homework.

Good Communication!

Communication is a very important part of the process. Ask how and how often you will be updated and from whom. In personal injury cases there is an “immediate need” for information because there is pain and suffering and time is of the essence. You don’t want to be sitting around not knowing what is going on with your file. There is tremendous emotional stress attached to the physical injury and good communication is essential to your mental health and you’re over all recovery.

What Is Negligence And How Does It Apply To Personal Injury Law?

In personal injury law, the term negligence is used to indicate that someone failed to exercise the proper care in a particular situation. When used as a legal term, the word negligence had a particular definition with specific elements. In order for an injured party to collect damages from the negligent party, they must establish proof of each element.

When determining negligence, the first element that must be established is a Duty of Care. The injured party must show that the other party had a legal duty to exercise a level of care under the circumstances. For instance, in car accident cases, all drivers are charged with the duty to obey traffic laws. In addition, they have a general duty to keep a proper lookout and not intentionally cause an accident. For instance, if a driver sees a potential hazard, they may not ignore the hazard just because the law indicates they have right of way. If a driver is on a highway approaching a green light, they have the duty to not plow into vehicle stalled in an intersection.

The second element of negligence is to determine whether there was a Breach of Duty. Once a legal duty of care has been established, a plaintiff must show that the defendant failed to honor that duty. Generally, this is proved by showing the defendant knew, or should have known, that their actions would have resulted in the consequences that followed. In car accident cases, a driver knows, or should know, that following another care too closely might result in a rear end collision. Thus, if that driver fails to keep a proper distance from the car they are following crashes into it, they have breached their duty to maintain a safe following distance.

An injured party must next establish that the breach of a legal duty of care was the Cause of their injuries. Keeping with the car accident example, a plaintiff would have to show their particular injury, e.g., whiplash, was caused because the defendant ran a red light and crashed into their car. In some instances, a particular injury or ailment may be attributable to several negligent acts. In a famous case in 1902, two campfires were left burning which led a forest fire and to the plaintiff’s house being burned down. The case decided that both defendants’ negligent actions equally caused the plaintiff’s losses.

Finally, the plaintiff must establish a real injury or Harm for which he is legally entitled to collect damages. Most cases involving physical injury or harm are actionable. Some cases where there is emotional harm only there is no right to compensation. A parent whose child is injured in a car accident cannot make a claim for emotional damage based on them having to cope with the horror of their child’s injury.

Once the plaintiff has met their burden of establishing negligence based on the four factors above, they may collect damages. Damages are generally classified as special, general or punitive. Special damages are those that are quantifiable, such as medical bills, loss of earnings, damaged property. General damages are those that are intangible such as pain and suffering, loss of quality of life, loss of consortium. Punitive damages are those meant to punish the plaintiff for their actions, for instance injuries resulting from a drunk driver.

The general definition is fairly standard in all jurisdictions; however, some areas apply it differently depending on the circumstances. Be sure to consult with a personal injury lawyer if you think you have been the victim of someone else’s negligence.

Common Personal Injury Cases

A personal injury is a physical, mental, psychological and emotional harm caused by the negligence or fault of another. A person may be allowed to recover compensation for the losses and injuries caused by another person or entity. This tort lawsuit may be very complex, and the claims vary from case to case depending on the circumstances, negligence on the part of the tortfeasor, and the contributory negligence on the part of the victim. The most common types of personal injury cases are listed below. It is essential for you to know that a competent and experienced Rhode Island personal injury lawyer may guide you in understanding your legal rights and options, and assist in establishing the key elements to prove your case.

Vehicle accidents

Accidents involving automobiles, trucks, motorcycles or bicycles are the most common types of personal injuries. These may cause minor injuries, deformities, permanent disability or death. Your claim may vary depending on who is legally at fault for the accident and the extent of damage caused to your health and property.

Medical malpractice

When you go to a doctor to seek medical or surgical attention, you entrust him or her with your life. These healthcare professionals and institutions are obligated to carry out their tasks with a greater standard of care and diligence. When their performance is proven to be negligent and has caused a medical error that imperils the life and safety of a patient, the victim or his relatives may be entitled to compensation for the minor injuries, major disfigurement, emotional losses and suffering, infections and wrongful death.

Premises Liability

When a person is injured in a building or while on the property that belongs to another person or entity, he or she may be entitled to compensation when the owner, manager or employee has failed to maintain the safety and good condition of the property and has not provided sufficient warning about the potential hazard. The most common types are slip and fall injuries suffered by the patrons, or workplace-related injuries sustained by the employees.

Product liability

Injuries are also often sustained when the manufacturer, distributor or retailer of a product has failed to provide sufficient information and warning regarding the use and components of a particular product or medication. If it can be proven that the manufacturer, retailer or distributor had actual or constructive knowledge regarding the defect of a certain product, and still sold it anyways, then the company may be held responsible.

Bike Lanes Prevent Injury and Reduce the Need for an Auto Accident Injury Lawyer

In cities across the United States, drivers may be noticing a narrow separate lane has been added on the side of the street. These designated bike lanes, sometimes marked by a symbol of a bicycle to denote their purpose, are preventing automobile-bicycle accidents across the nation and saving people money they would have spent on hospital bills and an auto accident injury lawyer.

Many people’s excuses for not making the healthier, more eco-friendly decision to ride a bike instead of a vehicle include issues with safety and not having a smooth, continuous path on which to ride. Many Americans who own bikes simply consider them recreational toys that are meant to be brought to the park to ride around for exercise.

However, the bicycle is slowly reclaiming its place as a viable transportation device. Thanks to the addition of bike lanes in many major cities, more people have been getting to and from work, school and the grocery on two wheels.

Studies have shown that the number of bike accidents decreases as the number of bicyclists on the road increases. The lanes encourage main road bicycling, which has proven to decrease automobile traffic. The greater presence of bicyclists forces those who do choose to drive automobiles to take the lanes seriously and to yield to the more fragile vehicle.

In the Netherlands, for example, the rate of automobile-on-bicycle accidents is about 26 times lower than that of the United States. This is true despite the fact that about 25 percent of their population commutes by bike, while only 1 percent of our population does so. Why? The Netherlands, though a much smaller area, contains over 18,000 miles of segregated bicycle lanes.

The lanes encourage more cycling and less driving, a change that is overall beneficial. More cycling and less driving means less traffic, less pollution, more exercise, more safety and less money one would potentially spend on gas, maintenance and an auto accident injury lawyer.

But some people have taken issue with the lanes. In New York, ironically one of the first U.S. cities to establish enforceable bike lanes, protesters argue that the lanes take away from their rights as motor vehicle operators by forcing them to share the road. Other arguments against the lanes include the fact that they take away precious curbside parking spots, run through loading zones originally designated for delivery trucks and sometimes actually cause more traffic because of the narrowed lanes.

However frustrating the adjustment period might be, studies have shown that equipping cities with bike-friendly roadways severely reduces instances of automobile-on-bicycle accidents and injuries. The protection of people’s lives and physical safety outweighs the minor Inconveniences posed by the lanes.

In the end, most drivers probably would prefer to suck it up and yield to bikers than to have to deal with an auto accident injury lawyer after accidentally knocking a cyclist off of a bicycle-unfriendly roadway.

About Whiplash Injury And Compensation Claims

Whiplash is one of the most common types of injury sustained when road traffic accidents occur. Whiplash is not a life threatening injury, but it can cause pain, discomfort, partial disability and may take a long time to make full recovery depending on the severity of the injury.

Whiplash injury can be described as a range of injuries to the neck. It occurs when the soft tissues in the neck and spine become stretched after the body is subjected to a sudden, forceful jerk, which mostly happens in car accidents, especially rear-end collisions. But, whiplash injuries can also occur as a result of sporting accidents and accidents at the workplace.

Symptoms Of Whiplash

Some of the most common symptoms of whiplash are headaches, stiffness in the neck, reduced neck movement, swelling around the neck area and pain in the shoulders and neck. The symptoms of whiplash usually take few days to fully develop and it may be essential to seek medical attention if you experience these symptoms following a road accident.

Other symptoms of whiplash may include tiredness, blurred vision, dizziness, inability to concentrate, memory loss and ringing in the ears.

In the most severe cases of whiplash injury, the victim may experience anxiety, depression, insomnia, stress and post-traumatic stress disorders.

Whiplash Injury Claim

If you have suffered whiplash injuries in an accident that was not your fault, you may be able to seek whiplash injury compensation. Following a successful whiplash injury claim, you may be eligible to recover compensation for the following:

– Injury, pain and trauma

– Lost income

– Medical expenses

– Prescription costs

– Cost of travelling

– Other financial losses

The best way to deal with a whiplash injury claim is with the help of experienced personal injury lawyers. The injury lawyer you choose to handle your claim can become your legal advisor and help you obtain what you rightfully deserve. Once you appoint an injury lawyer to act on your behalf, he will take care of the entire claims process.

It is quite logical that you shouldn’t pay for something that was not your fault. Why should you pay for medical expenses, treatment costs, vehicle repair costs and deal with pain and injuries when it was not your fault? This is the reason it is important to seek legal advice and consider pursuing an injury claim so that you are compensated for all your losses. With the help of expert No Win No Fee injury claim lawyers, you don’t even have to worry about funding your claim in any respect.