What You Need To Know About Compensation Claims
Posted on 30. Dec, 2008 by admin.
“I’ll sue, that’s what I’ll do”, is a saying as old as the history of compensation claims themselves! While it is true that you are entitled to compensation if the actions of any person, intentional or otherwise, cause you physical or psychological harm, there is a lot more to compensation claims. When it comes to filing for compensation you will be up against a lot of legalese and jargon.
Here are some things that you can claim compensation for:
1. Road accidents
2. Defective product liability
3. Travel claims including defective hotels premises or food issues
4. Medical negligence including faulty diagnosis and treatment.
5. Any accident in which the nervous system, that is the brain or the spinal cord, are affected.
6. Injury at work, including both physical injury as well as injury due to stress and overwork
This list is far from exhaustive; there are many more occasions when you are entitled to compensation, from slipping on an unshovelled sidewalk to a carelessly maintained mall walk way.
The wisest thing to do if you intend to file compensation claims is to contact an attorney specializing in compensation laws. He will assess your case right at the start, and let you know if it is strong enough to get you compensation. Apart from helping you file your case in the proper manner, a good attorney will also ensure that you don’t sign any document that will be detrimental to your case. He will also defend you if there are people working against your case.
The recommended procedure to follow is to first assess your injuries and get a medical report at the earliest, or your chance of getting any compensation is very slim. Then determine the extent of the blame. Your attorney will help you do that. Next, depending on your injury and the degree of fault, calculate the compensation due. You can then go ahead and file for compensation.
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Top 7 Questions To Ask When Legally Dealing With Personal Injury
Posted on 01. Dec, 2008 by admin.
Personal injury is the one of those terms that one keeps hearing but does not fully understand. Most of us are vaguely aware of it and see it only as something that gets people hefty compensation. Here is what you need to ask and know about personal injury:
What is personal injury?
Personal injury is an injury that happens to you through no fault of yours. In such a situation the person or party responsible for your injury will have to give you compensation for the damage done. The injury can be physical or psychological.
What kind of situations come under personal injury?
There are many situations, some of which are:
1. Car accident
2. Animal bites
3. Personal attacks
4. Injury on personal property
5. Injury due to medical or dental malpractice
6. Industrial diseases
Do you need to have received medical attention to claim compensation?
Yes. It is easier to get compensation if your injuries have been treated or diagnosed by a medical practitioner. In the case of injury due to medical negligence you will need to get a specialist’s opinion as well.
How do you proceed?
You will definitely need to obtain the advice of an attorney well-versed in personal injury cases. The lawyer will study all supporting documents and, if needed, get a specialist’s opinion and guide you on how to present your case. Generally attorneys will not charge you till the case is determined.
Is there any time limit for seeking compensation?
Yes, under the rules in England, court proceedings must begin within 3 years of the injury. However, if the injured is under 18 years of age he or she has till they turn 21.
Can the lawsuits be settled out of court?
Most are settled out of court, but if a settlement cannot be reached in this manner the complaint can be filed in the civil court.
Are personal injury laws the same everywhere?
No, laws may vary and your attorney will be able to guide you based on the prevalent laws of your area.
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Medical Negligence: The Doctor Did It!
Posted on 05. Nov, 2008 by admin.
A doctor is someone you trust with your life. So what happens when this person turns out to be not so trustworthy? Society at large, and the patient in particular, become the victim of medical negligence. Simply put, medical negligence means that the doctor in attendance has failed to give the patient the required medical care, be it in the form of a fault in the diagnosis or even wrong treatment. This places the patient’s health - and in some cases even his life - at risk. Such cases can be brought before law and compensation given to the victim.
If you are a victim of medical negligence here’s how you can get compensated:
Contact a lawyer
To walk you through the legal jargon on medical negligence compensation you will need a specialized lawyer. Usually he would study your case for free and decide if it is strong enough to get you compensation.
Organize your proof
Collect all the supporting documents and discuss them with your lawyer. Apart from medical records, you should include personal details, details of the doctor who treated you, dates of treatments, details of medication prescribed and of the hospital. Remember, the more details you have the stronger your case will be.
Meet the experts
A medical expert can now review the details of your case and find out where the medical negligence has occurred and the extent to which you have been hurt. The expert has to be someone with sound experience in that particular branch of medicine. The findings and opinions of the expert will be noted in a report which can be quoted in court.
Medical negligence should not be taken lying down. It is everyone’s legal right to seek compensation if the doctor has not only failed to care for them but has acted in a manner which has caused harm. Moreover it is a duty to bring a faulty doctor to book. After all, it is a matter of a healthy life and society.