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Category: Personal Injury

Personal Injury Claim as Man Died in Train Accident

Personal InjuryA man killed in an accident with the train. It has been reported that a man collided with the train in the Richmond in US State of Virginia. As the train was in full speed and the man was walking on the track, the train struck against him and the man died on the spot. It also came to know that at the time of collision, the crossing lights were down and nothing can be seen. The train driver also could not see the man on the railway track. If he saw the man on track, he also could do nothing for him. The police arrived at the spot and registered the case but they also did not tell that what the person was doing on the tracking and why did he not move when he became aware of the arrival of the train.

The police took the dead body in their custody and they get the case registered and started their necessary investigation. Always train accidents are tragic as it is not possible for the train driver to stop the train at once by applying brakes as there is danger of tracking off the train. Some time the staff of the railway department involve in the train accident as they can commit the negligence to their duties which may result into fatal accident. These accidents may also result into loss of lives or human limbs as well as facing heavy medical bills, lost of work wages and health care requirements in the future.

If there is another person or the staff of the railway department involve in the accident and he causes the lose of lives or injuries, then it is better to file a negligence claim against such person in the court and demand for the justice. You can mention in your claim the mistake of other person and hold him responsible for the sufferings and pains cause medical bills or other expenses as well as loss of jobs or work due to disability or abnormality. You can seek protection from the accidents and losses and search for the professional and expert personal injury negligence lawyers to sue your case in the court.

There are various legal firms, which have brilliant background in dealing with medical negligence claims in the court and they have professional approach to finalize these cases. You can get help of internet and search for the suitable law firms to file the compensation claim in the court.  You can also hire the services of injury lawyers, who have experience to handle such type of cases and know how to finalize these cases with the court or with the insurance companies. The injury lawyer can prove the fault of the railway staff in such particular cases in which the staff is responsible as the lights were down. If railway staff found involved in the negligence of this case then the concerned staff will be held responsible for this fatal incident. The court will also hold them responsible for making payment of the compensation claim.

 

Source:  Findapersonalinjuryattorney

School Girl Struck by Speedy Car & Succumb to Injuries

Personal InjuriesA speedy car ended the life of a teenager school girl while she was crossing the road in Chesterfield, Missouri. The matter was reported to the local police authority, which came on the spot and gathered evidence of the accident & gets the case registered against the speedy car in the local police station ion Chesterfield. The police took hold of the car and arrested the car driver and took him behind the bars for necessary investigation.

It is reported that a teenage girl, Anne Josephine was return from school and she got down from her bus at her bus stop near her home. When she was crossing the road, then a speedy car coming from the city end could not control its speed and struck against the girl. The girl received serious injuries on her body and head as she was dragged by the car to long distance and her body was crushed with the car badly. Car driver tried to stop the car at once but it was getting late and the girl was injured badly. She was taken to the city hospital for necessary hospital but the girl could not sustain her serious injuries. She was died before the medical treatment was given to her as her injury received on her head was fatal and she could not survive her injuries. Now the case has been registered in the local police station against the responsible car driver. The police has started necessary investigation and probing into the matter what had happened on the road with the pedestrian school girl.

The parents of the girl are now going to contact with the personal injury professional to sue in the court against the car driver. The pedestrian accidents are serious and they involve personal injuries to the injured person. These personal injuries are the result of the negligence of other persons who failed to recognize their responsibilities while driving on the road. The professional personal injury solicitors can guide you in the right direction as he knows the rights which you get while crossing the road. The fatal accidents and personal injury cases also involve with heavy financial expenses, medical bills on account of treatment of the injured person and focus on the health and physical condition of the injured person after treatment of the injuries.

The personal injury solicitors can help you to file the case in the court and he also helps you to provide the medical documents and lab result with your case in the court. He may include necessary clauses of the law in your case, which support your case and seek justice from the court. The personal injury claim will help you to recover the financial expenditure involved in this case. The personal injury lawyer will help you to protect your basic human rights and it is the first priority of the lawyers to protect your interest. You can also prove the responsible party guilty in this case by your personal injury lawyer and win the compensation claim for the injuries and damage done to them or their relatives.

Trash Truck Driver Injured Young Boy while using Cellular Phone

Personal InjuryIt has been reported in the newspaper that a truck driver has been executed with punishment for hitting a 10 years old boy. He was alleged that he was illegally driving the vehicle while using his cellular phone. As the use of cellular phone while driving the vehicle is a crime and the alleged person is dealt with punishment. In this accident, the boy has received injuries on his one leg and he has lost it. The case was sent to the case for the justice and award of compensation for personal injury to the victim which ended with the compensation amount up to Rs.18.5 million.

L.A. is now 10 years old and he received an accident two year before.  He was doing skating on the skating board and he was going to his Garfield Elementary School located near Kansas Street and Meade Avenue. While crossing the road, he collided with the fasting arriving truck and his driver was busy on the cellular phone during November 2011. He struck against the truck and received serious injuries and he also lost one of his legs. The boy was immediately shifted to the hospital where he was provided necessary medical treatment. His other injuries were recovered and he got well after some time but his one leg was lost permanently which was great loss for the young boy.

The family of the boy sued in the court of law against driver with the allegation that the truck driver was driving the vehicle illegal and he was also using cellular phone during driving on the basis of personal injury. This was also a great crime and it could cause loss of life of any person. It is also reported that the truck driver also took the illegal turn during his driving. The family of the court hired the services of the professional lawyer and he presented necessary information along with proof in the court against the truck driver. The medical report also showed that the victim received serious injuries as well as loss of one of his leg which resulted into his disability permanently. The court investigated the case thoroughly and also examined the lab reports and medical findings of the case. The witness told in the court that she saw that truck driver is using cellular phone while driving truck and she pointed out to the driver as it was against the rule to use it while you were on the road with your vehicle.

The driver did not take notice of his hinting to his cellular phone and kept on driving in the similar fashion which caused fatal accident. The victim had to undergo many operations for his internal personal injuries in this accident. The victim’s family had to face various problems in the last two years including mental tension, financial problems involving his medical treatment and permanently disability which will bar him for the active participation in his education as well as jobs. This will also tell upon his marital life for the entire life. The court finalized the case with award of about $18.5 million, which will be paid by the city government.

Compensation of €600,000 Approved to Woman for Personal Injuries from Symphysiotomy Procedure

personal injusryHigh Court has given order for the compensation claim of €600,000.00 for the suffering and personal injuries to the woman. It was investigated that the said woman was not diagnosed well and the wrong prescription of medicine as well as failing in diagnosis caused serious troubles in her life.

It is reported that the woman came to hospital for her treatment and she was underwent in the procedure of symphysiotomy at the Lourdes Hospital Drogheda. The hospital staff carried out the procedure of symphysiotomy and they did not care for the condition of the patient. The staff also made the mistake of considerable personal injuries and they did not diagnose the state of Symphysis Pubis Dysfunction and they complete the process. This negligence caused serious problems for her life.

The hospital staff carried out this process of the woman, who came from Navan. After this process, the woman would go to give birth her second baby. The woman told that she was suffered this problems since long and she felt uneasy for her problem and she felt pain while executing her works at home. Such injuries led to fibromyalgia and then felt pain in her joints and muscles in her body. To remove or forgetting these problems or pains, she used to drink heavily but it resulted into end of her conjugal life. She got depressed and suffered from various problems or diseases. Then she decided to undertake her surgery first in 2004 and again in 2007. This surgery helped her to get rid of the pains in the muscle and in the joints and she regained her health. Then on the advice of her doctor, she got fitted the spinal cord stimulator and she got well after that.

She decided to file a case against the staff of the hospital for the wrong diagnosis of the disease and filed to provide correct treatment of the patient. The proceeding of the case carried out in the court and during this course the judge gave the verdict against the hospital staff that they were failed to provide necessary medical treatment to the patients. The judge examined the medical certificate and documents along with necessary lab reports and came to the conclusion that the hospital staff made the serious mistake while handling the patient and they did not take care of Symphysis Pubis Dysfunction while performing the procedure of symphysiotomy. This negligence caused constant pain in the muscles and joints of the patient and after that she had to undertake her surgery.

The woman filed the case in the court for the compensation claim for the sufferings and pains; she has felt as well as the financial losses being incurred on her treatment. The court has ordered the hospital staff for the payment of compensation claim for €600,000.00. The court accorded the compensation claim for the complains of suffering in the pelvic area of the patient and hospital has also provided the substandard care to the patient which resulted into their psychological and physical injuries.

Command over Negligence and Personal Injury Law

personal-injury

It is very cumbersome to understand the negligence or personal injury law and it is very difficult to comprehend it fully that what is the personal injury or negligence law and litigation. All highly qualified and experienced solicitors, who have adequate knowledge about the litigation of personal injury or medical negligence, can know the right status of the law. The medical negligence of injury is of different nature and type which includes negligence done by doctors or hospital staff, work accidents, poisoning due to food, head injury, vehicle accident and danger of product are considered the injuries or negligence. The solicitors collect all essential proofs and documents leading to the medical negligence or injury to make their case strong in the court and they also help the victims lodge the claim for the compensation in the court. The court considers the claim keeping in view all necessary information and proofs and accord the claim in favor of the victim.

In the personal injury cases, the injured or affected people have to provide all necessary information and report to the police authority along with the police findings of the accident with thorough investigation, so that they can make their case strong in the court. The solicitors depend on these basic information and allied reports to argue in the court in the favour of their clients. The victims should keep in their mind while selecting the perfect and professional solicitors to file the compensation case in the court. The solid proofs and reports along with comprehensive investigation will convince the court to consider this case and accord the compensation claim in favour of the victim. If your solicitor is well acquainted with your case and have enough documentary proofs then he may fight well for your right and get the compensation claim and if you choose the solicitor, who is not professional and has lack of knowledge about the compensation law, then he will not argue with the court over your claim and you may have to face a defeat and lose the compensation claim.

When the court accords necessary approval of your compensation claim, then the judge orders for the calculation of the compensation claim. The judge can calculate the compensation himself or he constitutes a jury for the calculation of the compensation of the case. The judge or the jury can calculate the compensation of the claim keeping in view the necessary expenses, which the victim has to pay like medical expenses, the medicines and loss of job due to his injury. The judge or jury can recommend that after some time, this case will he heard again and at that time, the court will look over the physical and mental position of the victims and work out the loss done to him. If the victim has been injured for the rest of his life then he will be given the compensation permanently. In this situation, the victim not only suffered but also his family will be suffered and it will become very difficult for them to face the financial hazards.

What is Personal Injury Claim?

Personal injury is the term which is used for an injury to body, head or mind, which is caused by the negligence of others. The damages done in the personal injury are included body injury, negligent infliction of poignant suffering or intentional infliction of expressive anguish. Personal injury are mostly occurred in factories or in the work place, in homes due to faulty machines or electric current, traffic accidents and product defect accidents. The personal injury is also happened due to medical or dental negligence. The workers in different factories are also suffered from various fatal diseases including asthma, psychoneurosis, chronic bronchitis, asbestosis, pulmonary disease, repetitive strains, occupational stress, silicosis, vibration white finger and many more.

Personal Injury

When we work and live in this world, then we may also come across different natures of problems, which are caused by the surrounding areas as well as use of machinery. If you meet with any accident due to fault of other people or surrounding area then you have the right to file suit for compensation of your personal injury. The personal injury has different impact on your body or on your mental position and it can also have the psychological impact on your life. You may also comes across work related illness which is also considered in the personal injury as it prohibits you to perform any kind of work to earn money for you and your family.

The compensation claims for the personal injury are prepared keeping in view the nature of the injuries received by the victim and the fault of the responsible companies or factories. The compensation claims are settled through settlement between the two parties or according to the judgment of the court. The government does not provide financial assistance to the victims in the settlement of their compensation but the attorneys offer their services on ‘no win no fee’ basis. They represent their victims in the court on the basis of ‘contingent fee’ in which the percentage of the fee is settled on the plaintiff’s ultimate compensation. The attorney will get the percentage of the fee if he wins the case and if he does not win the case then he will not get amount. In the personal injury claims, if the victim is worker in any factory then it is examined that the company has adopted precautionary measure to avoid accidents or haphazard and the nature of the precautionary measures.

When you prepare your case for compensation of the personal injury, which you received due to fault or negligence of other people, then you should maintain the compensation claim for personal injury, which support your claim for personal injury. The cases for personal injury are different from others and some cases are settled soon. The claims for personal injury are considered in the general or special damages. The personal injury claim can be complicated and time consuming. The time limitation of the personal injury claim can be considered and if the cases of personal injury take too much time then it will be declared time barred.

Personal Injury

Personal injury means an injury to the body or mind and the body damages done to a person. There are some other damages including emotional distress of intentional inflection and emotional distress of negligent infliction. But the most common nature of the personal injuries like traffic road accident, accident at home or at work, accident due to defect of products, tripping accident and accident due to assault. The workers have to face injury cases due to industrial disease including chest diseases like chronic asthma, old obstructive pulmonary problems, chronic bronchitis, peritoneal mesothelioma, asbestosis, occupational deafness, repetitive strain injury, emphysema and vibration white finger.

Personal Injury

In the personal injury cases, the responsible party of the negligence is entitled to pay the monetary compensation or settle the financial problems to the injured person through settlement outside the court or the judgment passed by the court. In many advanced countries, this settlement is done outside the court or the responsible party pays the compensation according to the judgment passed by the court. However, in United State the settlements of such cases are complex and difficult. Most of the attorneys deal these cases on the basis of contingent fee and they charge their fee according to the settled percentage. But if the case is unsuccessful then they will not be paid.

The personal damages are considered as measurable costs and they can be itemized as lost earnings, medical expenses on the treatment of the injured persons met at their home or at their work place. In the heavy industry sector, the workers have to face some critical situation while they are dealing with the heavy machinery or the process of production. Sometimes the person has to face the suffering, pain and emotional depression. In the personal injury cases, the result of the damages includes special and general damages. The severity of the injury gives help to calculate the amount of compensation paid to the injured person. If the injuries received in the accidents like brain damage, broken bones or injury to sensitive parts of the party, are severe then these personal injury cased are finalized with higher compensation to the injured person.

In some cases, the injured persons may also get the life time affect of the injuries besides their compensation for personal injury. If a cricketer gets the injury on his wrist during his game, then he will be prevented from cricket during the season so he will be liable for the compensation which is called loss of amenity which is part of claim for suffering and pain. The legislation of the personal injuries is not affective as in many countries, these personal injury cases wait for long time to get settled. The responsible persons or parties look for the delay to pay the compensation to the injured person and in some cases, these personal injury cases get long time to settle. If proper legislation has been done to ensure the timely payment of the compensation then the injured person will not face problems to get their right.

Personal Injury Legislation & Time limitation

Personal injuries are happened during to injury to body or brain. These injuries are compensated by the responsible persons who involved in the happening. In some countries these personal injury cases are settled mutually and outside the court by the willingness of both parties. Otherwise, these personal injury cases are taken to the court for the legal proceedings and it is finished according to the prediction of the courts. There is also need to be proficient lawyers and attorneys who can conduct the personal injury cases in the court.

Personal Injury Legislation & Time limitation
Most of the countries do not have adequate legal cover to the personal injury or negligence cases. In these countries, it becomes cumbersome for the affected people to get their compensation claim settled conveniently due to non availability of legal cover. In USA, it is very difficult to settle the case early and the affected people have to wait for long time to settle the case. The lawyers has also set up their association entitled Association of Personal Injury Lawyer which is entirely a non profit association which is comprised of about 5000 attorneys, lawyers, barristers, and academics relating to personal injury cases. This association was established with the objective to provide adequate services to the affected people or victims of personal injury or negligence cases. The Association of Personal Injury Lawyer has established the main objective to promote just and entire compensation for all kinds of personal injury cases. It will also develop the expertise to bring the personal injury law into practice. The association will also lodge a campaign for making improvement in the personal injury law. It will also provide the communication network to its members which will help to make strengthen the personal injury claims.

All the personal injury claims have the time limitation and the victims have to lodge their claims in the court within the specified time. If the case is not registered in the court within the specified time limit then it will be time barred and the victim cannot claim after that period. It is also the discretion of the court that it can waive off the time limit and carried on the compensation case till its settlement. In different countries, the time limitation of the personal injury claim has different rules and procedure and the time limitation is also varied. The nature of the personal injury claims has varied time limitation.

When the cases are settled through mutual discussion or through court, then there will be a mode of payment of the compensation of the claim to the victims. The responsible person can make the payment of the compensation as lump-sum or structured settlement. In some countries, the personal injury claims are covered by liability insurance and it is dealt as the bodily injury. In this way the insurance company provides the legal defense to the responsible person for the personal injury and it also helps to settle the compensation case with the victims. The compensation for the mental injury is covered with great difficulty.