The Kinghurst Publishing Network » Food Poisoning

Personal Injury Claims – Myths and Facts

admin — Sat, 14 Jun 2008 18:13:54 +0000

Pursuing a personal injury claim has its levels of difficulty. Claims may vary depending on the nature of the case and the severity of the injuries sustained in the accident.

However, before getting started on your case, it pays to sort out information about personal injures claims. Here are common myths surrounding the matter and the facts to match each misstatement:

1. Myth: You have to go to court to win compensation.

Fact: You do not necessarily have to go to court to obtain compensation. Most personal injury claims are settled out of court even before litigation. Insurance companies find it cheaper to settle amicably than spend money on delays and costs.

2. Myth: Compensation claims are complex and time consuming.

Fact: Personal injury claims only becomes complicated in cases where liability is an issue. Compensation claims are often settled within a maximum of 12 months. Claims that are more complex are those that involve liability issues and disputes or those wherein a serious injury occurred. However, generally, with the help of a competent personal injury lawyer, delays and hassles are minimized.

3. Myth: Insurance companies will treat you fairly and you do not need a lawyer in the negotiation.

Fact: Most insurance companies will try to save costs by negotiating for a lower claim. Without the assistance of a lawyer, you might end up getting unfair compensation.

4. Myth: Compensation claim is a fortune in easy money.

Fact: Contrary to the belief of many, you will get only as much compensation as the amount that will be negotiated on during settlement. More often, your compensation will depend on your economic and non-economic damages such pain and suffering.

5. Myth: Claims promote a “compensation culture”.

Fact: This is untrue. Some people say that pursuing claims promotes a culture where people would claim for absolutely anything just to get money. Genuine persons with legitimate cause to pursue a claim will actually recover damages.

6. Myth: Claiming against an employer will lead you to losing your job.

Fact: The law protects workers in this situation. If you had an accident at work, you have all the right to claim for injury or damages. Many people injured at work fail to pursue claims for fear of losing their job. However, most employers will not recommend firing you because you asked for a claim to your injury.

7. Myth: You cannot obtain treatment while in the process of pursuing your claim.

Fact: This is untrue. You can have all the means to be treated and rehabilitated. Most insurance companies make prior arrangements to treat injured parties in key stages of the recovery.

8. Myth: The law favors only big companies and large employers; you will lose your claim against them.

Fact: This is untrue. The federal and state governments have laws to guarantee the safety of individuals. Any violations against these laws will have a corresponding penalty, whether from an individual or an entity. The law protects both the individual and the organization.

In most cases, it would be best for you to get the services of a lawyer in pursuing your claim. The skills and experience of a knowledgeable personal injury lawyer will improve your chances of attaining your goals.

Seek competent LA County personal injury services with the help of California Attorney Services.

Source: ArticleTrader.com

Issues In Product Liability

admin — Sat, 07 Jun 2008 01:00:50 +0000

By Joseph Devine

Product liability cases are a subset of personal injury law dealing with the design, manufacture, distribution, and sale of goods or services. They may involve claims against a number of companies or business entities, including retailers, marketers, and manufacturers. Like many other areas of legal expertise, product liability is a discipline which carries its own complex set of rules, regulations, precedents, and legal doctrines.

Determining Fault

Unlike many other personal injury cases, in which frequently only one individual or company is held responsible or liable for damages caused, product liability claims must often target a long chain of businesses. This is because any given product must pass through a multitude of manufacturers, distributors, and retailers before it comes into the hands of consumers. Any or all of these companies may have contributed, caused, or failed to warn about dangers or defects in the product. An accurate product liability claim must be able to trace this path of liability through many levels of the production process and determine who, if anyone, is directly and legally responsible for the plaintiff’s injuries.

Negligence vs. Strict Liability

A standard of negligence in product liability requires proof of three items – a) that a person or organization knew or should have known of a flaw or danger associated with a product, b) that the person or organization failed to repair or warn of the flaw or danger, and c) that the flaw or danger was the direct cause of the plaintiff’s injuries.

Proving negligence is often a highly complex and tedious process. However, the good news is that many product liability cases are based on the much simpler doctrine of strict liability. This doctrine holds that a manufacturer is liable for any and all injuries caused by its products, whether or not it was negligent in producing them.

Breach of Warranty

A warranty is a sort of assurance or guarantee that a product will perform as advertised. It can be an express warranty (that is, a standardized warranty documented in writing), or an implied warranty (one which could reasonably be thought to exist from the nature of a sale). Violation of these warranties by a product which does not work as intended may be grounds for a product liability suit.

To learn more about product liability, check out the resources provided at the website of the Chicago personal injury lawyers of Friedman & Bonebrake, P.C.: http://www.attorneyillinois.net

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine

Compensation Claims – Friend Or Foe?

admin — Sat, 07 Jun 2008 00:43:38 +0000

By Danielle Fletcher

In today’s society you would be forgiven in thinking that the number of compensation claims in the UK is increasing. Very rarely does a week go by when there isn’t a news story about some form of personal injury claim, and the internet is full of adverts for ‘no win, no fee’ personal injury specialists.

However Martin Bare of the Association of Personal Injury Lawyers (APIL) states that the number of claims in the UK is actually falling and that personal injury claims are important of civilized society. It is important to make sure that individuals live in a safe environment and any harm caused by negligence on the part of another should be brought to justice.

Personal injury claims can cover a wide variety of situations, from hospital malpractice to falling over a cracked paving stone on the street. Being involved in a car accident, suffering from work related stress and having a slip, trip or falls can all form the basis of a compensation claim. The main crux has to be that someone, somewhere has been negligence and this has lead to personal injury. But the British law is complex and it would be very difficult to pursue a claim without the help of a qualified lawyer.

However a lawyer must be paid for and there is no legal aid available for personal injury claims. This goes someway to explaining the plethora of ‘No win, no fee’ advertisements, but be warned these deals may not be as good as they sound. While it seems that a ‘No win, no fee’ offer will keep you financially safe if you lose, you will be liable for the fees of the defendants solicitors, which will typically start at £5,000. This is a significant cost to bear on top of the emotional heart ache of losing a case where you believe the other side were at fault.

In addition the sums of money award for these types of compensation claims are often not as high as people imagine. Melanie MacDonald author of the Which? Essential Guide to Making a Claim says that often claimants are disappointed at the amount of money they are awarded, and had previously been overestimating the amount they would receive. As a rough guide, a typical ‘general damages’ claim for recoverable injuries will net around £10,000. If you are making a claim for ‘special damages’ you can expect more, but this would be to cover things such as loss of salary or future care.

A compensation claim can take months to reach conclusion and often will be settled out of court. However if you have been involved in a serious accident, it may be worth the wait. With the British welfare system inadequately funded, if you or a loved one do need treatment or longer term care the money you will receive will go some way to supporting you through this difficult time. If or the other hand your injuries are minor and superficial, you may find the whole process more stress than it’s worth and it could end up costing you money!

Danielle is an author of several articles pertaining to No Win No Fee, Compensation Claims Personal Injury Claims and other legal articles.

Article Source: http://EzineArticles.com/?expert=Danielle_Fletcher