A LEADING personal injury lawyer has claimed there is widespread abuse by the insurance industry of anti-fraud provisions in the Civil Liability Act 2004.
The Act was introduced by former minister for justice Michael McDowell and was aimed at stamping out fraudulent claims. It contains severe penalties for claimants who intentionally give false evidence in personal injury actions.
Section 26 provides that where a plaintiff in a personal injuries action knowingly gives false or misleading evidence or information, the court shall dismiss the plaintiff’s action unless the dismissal would result in an injustice.
“This provision has now been extended by insurance companies to cover the contents of pre-trial documentation, medical reports, statements and affidavits,” Liam Moloney, a personal injury solicitor from Naas, said yesterday. “Where there is even the most minor of inaccuracies, insurers are applying to judges to have cases dismissed.”
He said there had been a number of recent High Court judgments in personal injury claims where cases had been dismissed based on this section. There was now confusion in the courts as to what exactly the section covered.
“Unless you now disclose each and every medical treatment or accident going back to your childhood, you are at risk of having your case dismissed and an order for costs made against you,” Mr Moloney said. He said the section had been described by one High Court judge as “a draconian piece of legislation”.
“It should be amended immediately to make it clear what information must be disclosed to avoid injustice being done to genuine injury victims,” Mr Moloney said.
He also pointed out the legislation which provides for tough penalties on plaintiffs does not provide a similar sanction for defendants who give misleading evidence.
Source
Thursday, April 15, 2010
Sunday, March 28, 2010
Personal Injury Attorney:What should I do if I am in an auto accident?
When you get into an accident 3 thing should come to mind: Police, Hospital, and a Personal Injury Attorney. First, you must stop—whether the accident involves a pedestrian, a moving car, a parked car or someone’s property. As soon as you can get to a telephone, call 911. Explain the situation and give the exact location of the accident, so that help can arrive quickly. Be sure to mention whether you need an ambulance or a fire engine. Also remain on the telephone until the operator tells you it is okay to hang up. The information that you should gather on the scene of an accident is exchange information with the other driver—your name and driver’s license number, the vehicle identification number of the car you are driving, the name and address of the car’s owner, the name and address of your insurance company and your insurance policy number.
If there are witnesses get the names, addresses, and telephone numbers. Ask them to stay to talk to the police or in the instance that they have to leave, ask them to write down what they saw. When the officer shows up at the scene of the accident make sure to ask their name and badge number. Also ask where and when you can get a copy of the accident report.
In the case of hiring a Personal Injury Attorney and you do not know a lawyer, ask someone whose judgment you can trust. Should you decide to hire a personal injury attorney, be sure to understand whether the attorney charges for consultation, works on a contingency or hourly basis, and is someone you can reach whenever you have any questions or doubts about your case.
The Personal Injury Attorneys at Saban & Solomon do not get paid unless they recover you money. The Law Office of Saban & Solomon serves Ft. Lauderdale, Broward County, Dade County, and Miami.
Source
Monday, March 15, 2010
Trial Lawyer Hypocrisy Act
If there's one thing personal injury lawyers are especially good at, it's exploiting the misfortunes of their clients while devising new ways to line their own pockets.
Colorado House Bill 1168 is this year's prime example. While claiming to help injured parties receive full compensation for damages caused by the fault of someone else, what it really does is guarantee that the injured person, in order to be fully compensated, must hire a lawyer.
Since most personal injury cases are handled on a contingent fee basis, that means that before the injured party is paid, the trial lawyer will extract his fee of as much as 40 percent.
HB 1168 should be titled "The Trial Lawyer Hypocrisy Act of 2010" and its sponsors, Rep. Claire Levy, D-Boulder, and Sen. Patrick Steadman, D-Denver, should be embarrassed by the language of their own bill.
Another favorite tactic of personal injury lawyers and their lobbyists is to make the insurance company the villain. "When [an insurance company] seeks repayment of the benefits provided to an injured party, the repayment reduces the amount available to an injured party to compensate . . . for injuries and damages," the bill declares. The same could be said of attorney's fees, certainly. At issue is the practice of subrogation, which sounds complicated but really isn't. Here's how it works today:
If you are injured and require medical treatment due to someone else's actions, your insurance company pays your medical costs according to the terms of your policy. The insurer can then sue the person at fault (or his insurance) to recover those costs. Likewise, if you decide to initiate the lawsuit and are awarded medical costs, your insurance policy states that your insurer is entitled to be reimbursed for the costs it has paid on your behalf.
Under HB 1168, your insurer would be prohibited from suing on your behalf to recover those expenses. Only you could sue the other party. So while the insurer can litigate using staff attorneys, you, of course, must hire a private attorney who would demand up to 40 percent of whatever compensation you receive.
Source
Colorado House Bill 1168 is this year's prime example. While claiming to help injured parties receive full compensation for damages caused by the fault of someone else, what it really does is guarantee that the injured person, in order to be fully compensated, must hire a lawyer.
Since most personal injury cases are handled on a contingent fee basis, that means that before the injured party is paid, the trial lawyer will extract his fee of as much as 40 percent.
HB 1168 should be titled "The Trial Lawyer Hypocrisy Act of 2010" and its sponsors, Rep. Claire Levy, D-Boulder, and Sen. Patrick Steadman, D-Denver, should be embarrassed by the language of their own bill.
Another favorite tactic of personal injury lawyers and their lobbyists is to make the insurance company the villain. "When [an insurance company] seeks repayment of the benefits provided to an injured party, the repayment reduces the amount available to an injured party to compensate . . . for injuries and damages," the bill declares. The same could be said of attorney's fees, certainly. At issue is the practice of subrogation, which sounds complicated but really isn't. Here's how it works today:
If you are injured and require medical treatment due to someone else's actions, your insurance company pays your medical costs according to the terms of your policy. The insurer can then sue the person at fault (or his insurance) to recover those costs. Likewise, if you decide to initiate the lawsuit and are awarded medical costs, your insurance policy states that your insurer is entitled to be reimbursed for the costs it has paid on your behalf.
Under HB 1168, your insurer would be prohibited from suing on your behalf to recover those expenses. Only you could sue the other party. So while the insurer can litigate using staff attorneys, you, of course, must hire a private attorney who would demand up to 40 percent of whatever compensation you receive.
Source
Sunday, February 28, 2010
PERSONAL INJURY LAWYERS REPORT NEW YORK MAN
A worker on a tugboat was fatally crushed in the Hackensack River on Saturday. The worker was from New York and personal injury attorneys say it is hard to determine who is to blame at this time.
According to state police, Ricardo Young was crushed to death after getting tangled in cables. Apparently, he was trying to tighten the connections between the tugboat he was on and the vessel it was pulling along the river. The tugboat was traveling at approximately 4 knots at the time of the accident.
Personal injury lawyers in New York know that "Many factors can contribute to a personal injury accident. Investigators need to sift through all the evidence. Compensation for the family of the deceased, if any, depends on the findings. For example, the discovery of a lack of training for the worker can place more fault with his employer," said David Perecman, a New York personal injury attorney.
"If you've been injured in New York, a personal injury attorney from our firm can help you determine to what extent another party is to blame for your injury. It's part of our service to our clients," added Perecman on behalf of the personal injury lawyers at his New York law firm.
About David Perecman and The Perecman Firm, PLLC:
For the past 30 years, the New York personal injury attorneys, auto accident, construction accident, and medical malpractice attorneys at The Perecman Firm, PLLC have championed all types of cases for personal injury accidents. David Perecman, founder of the Firm, is a Board Director and the past Secretary and Treasurer of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman's achievements as a personal injury lawyer in New York have brought him recognition as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition" for the years 2007-2010.
The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman and his team of personal injury lawyers in New York won a $15 million verdict* for a construction accident, a $5.35 million dollar verdict** for an automobile accident, and a $40 million dollar structured settlement for medical malpractice.
Source
According to state police, Ricardo Young was crushed to death after getting tangled in cables. Apparently, he was trying to tighten the connections between the tugboat he was on and the vessel it was pulling along the river. The tugboat was traveling at approximately 4 knots at the time of the accident.
Personal injury lawyers in New York know that "Many factors can contribute to a personal injury accident. Investigators need to sift through all the evidence. Compensation for the family of the deceased, if any, depends on the findings. For example, the discovery of a lack of training for the worker can place more fault with his employer," said David Perecman, a New York personal injury attorney.
"If you've been injured in New York, a personal injury attorney from our firm can help you determine to what extent another party is to blame for your injury. It's part of our service to our clients," added Perecman on behalf of the personal injury lawyers at his New York law firm.
About David Perecman and The Perecman Firm, PLLC:
For the past 30 years, the New York personal injury attorneys, auto accident, construction accident, and medical malpractice attorneys at The Perecman Firm, PLLC have championed all types of cases for personal injury accidents. David Perecman, founder of the Firm, is a Board Director and the past Secretary and Treasurer of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman's achievements as a personal injury lawyer in New York have brought him recognition as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition" for the years 2007-2010.
The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman and his team of personal injury lawyers in New York won a $15 million verdict* for a construction accident, a $5.35 million dollar verdict** for an automobile accident, and a $40 million dollar structured settlement for medical malpractice.
Source
Monday, February 15, 2010
Personal Injury Lawyers Report New York Man Killed in NJ Tugboat Tragedy
NEW YORK, NY -- 01/04/10 -- A worker on a tugboat was fatally crushed in the Hackensack River on Saturday. The worker was from New York and personal injury attorneys say it is hard to determine who is to blame at this time.
According to state police, Ricardo Young was crushed to death after getting tangled in cables. Apparently, he was trying to tighten the connections between the tugboat he was on and the vessel it was pulling along the river. The tugboat was traveling at approximately 4 knots at the time of the accident.
Personal injury lawyers in New York know that "Many factors can contribute to a personal injury accident. Investigators need to sift through all the evidence. Compensation for the family of the deceased, if any, depends on the findings. For example, the discovery of a lack of training for the worker can place more fault with his employer," said David Perecman, a New York personal injury attorney.
"If you have been injured in New York, a personal injury attorney from our firm can help you determine to what extent another party is to blame for your injury. It's part of our service to our clients," added Perecman on behalf of the personal injury lawyers at his New York law firm.
About David Perecman and The Perecman Firm, PLLC:
For the past 30 years, the New York personal injury attorneys, auto accident, construction accident, and medical malpractice attorneys at The Perecman Firm, PLLC have championed all types of cases for personal injury accidents. David Perecman, founder of the Firm, is a Board Director and the past Secretary and Treasurer of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman's achievements as a personal injury lawyer in New York have brought him recognition as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition" for the years 2007-2010.
The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman and his team of personal injury lawyers in New York won a $15 million verdict* for a construction accident, a $5.35 million dollar verdict** for an automobile accident, and a $40 million dollar structured settlement for medical malpractice.
Source
According to state police, Ricardo Young was crushed to death after getting tangled in cables. Apparently, he was trying to tighten the connections between the tugboat he was on and the vessel it was pulling along the river. The tugboat was traveling at approximately 4 knots at the time of the accident.
Personal injury lawyers in New York know that "Many factors can contribute to a personal injury accident. Investigators need to sift through all the evidence. Compensation for the family of the deceased, if any, depends on the findings. For example, the discovery of a lack of training for the worker can place more fault with his employer," said David Perecman, a New York personal injury attorney.
"If you have been injured in New York, a personal injury attorney from our firm can help you determine to what extent another party is to blame for your injury. It's part of our service to our clients," added Perecman on behalf of the personal injury lawyers at his New York law firm.
About David Perecman and The Perecman Firm, PLLC:
For the past 30 years, the New York personal injury attorneys, auto accident, construction accident, and medical malpractice attorneys at The Perecman Firm, PLLC have championed all types of cases for personal injury accidents. David Perecman, founder of the Firm, is a Board Director and the past Secretary and Treasurer of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman's achievements as a personal injury lawyer in New York have brought him recognition as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition" for the years 2007-2010.
The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman and his team of personal injury lawyers in New York won a $15 million verdict* for a construction accident, a $5.35 million dollar verdict** for an automobile accident, and a $40 million dollar structured settlement for medical malpractice.
Source
Thursday, January 28, 2010
Frozen Britain: our health and safety rules have slipped up again
Many millions of people will slip and slide on Britain's pavements today, cursing the perilous layer of ice under their shoes as they do so and wondering why such an obvious hazard to public safety is left unremedied.
There is a simple answer to that question: health and safety laws. Councils are responsible for clearing public highways to make them safe for cars, but they have no obligation (beyond their sense of public duty) to ensure that pavements are safe for people. Yet the astonishing reality of the present legislation is that if we take it on ourselves to grit pavements, or to clear them of ice by other means, we lay ourselves open to the possibility of legal action from those who slip if we do a less-than-perfect job. The law, which ought to encourage people to act in a public-spirited way, in fact threatens to punish them if they do so. The president of the Association of Personal Injury Lawyers sums up the predicament thus: "If you do nothing, you cannot be liable. If you do something, you could be."
If anything deserves the description "health and safety lunacy", it is a law that establishes an incentive to do nothing about obvious dangers. Admittedly, the chances of success for a case brought against a well-meaning pavement-cleaner may not be high, but they do not need to be. The very prospect of having to spend large amounts of time and money on the highly stressful process of defending yourself against a lawsuit is sufficiently daunting to lead most people, perfectly understandably, to eliminate that possibility – by doing nothing. The result is that many more people slip, and break bones, than would if some attempt was made to clear the pavements of ice.
This situation, in which private individuals are reluctant to do good for fear of falling foul of the law (including, as we have pointed out recently, defending themselves from criminals), is matched by an equally alarming trend: that police officers, health workers and other officials employed in front-line public services are reluctant to intervene in cases where people are clearly in very serious danger until they have clearance from "health and safety" – by which time it is often too late. In 2007, Jordan Lyon, a 10-year-old boy, drowned while trying to save his younger sister, who had fallen into a pond. Two community support officers came to the scene: they could not ascertain the boy's exact location, felt they had not been trained sufficiently to save his life, so left him to die. Then there are the terrible cases where medical support staff will not help people who have fallen out of their wheelchairs because "health and safety" has informed them they might injure their own backs if they did so. As one woman who suffered in that way said: "I asked them [five medical support staff] for help. They did not. They watched me crawling on the floor. It was the most humiliating and degrading experience of my life."
The paradoxical result is that one of the main threats to people's health and safety comes from health and safety legislation. These laws urgently need to be amended to ensure that people are not penalised for trying to help others. Other countries manage it, as do various states in America. We hope that this Government, or the next one, takes the steps necessary to remedy an absurd legal situation that will produce many more broken bones before this cold snap ends.
Source
There is a simple answer to that question: health and safety laws. Councils are responsible for clearing public highways to make them safe for cars, but they have no obligation (beyond their sense of public duty) to ensure that pavements are safe for people. Yet the astonishing reality of the present legislation is that if we take it on ourselves to grit pavements, or to clear them of ice by other means, we lay ourselves open to the possibility of legal action from those who slip if we do a less-than-perfect job. The law, which ought to encourage people to act in a public-spirited way, in fact threatens to punish them if they do so. The president of the Association of Personal Injury Lawyers sums up the predicament thus: "If you do nothing, you cannot be liable. If you do something, you could be."
If anything deserves the description "health and safety lunacy", it is a law that establishes an incentive to do nothing about obvious dangers. Admittedly, the chances of success for a case brought against a well-meaning pavement-cleaner may not be high, but they do not need to be. The very prospect of having to spend large amounts of time and money on the highly stressful process of defending yourself against a lawsuit is sufficiently daunting to lead most people, perfectly understandably, to eliminate that possibility – by doing nothing. The result is that many more people slip, and break bones, than would if some attempt was made to clear the pavements of ice.
This situation, in which private individuals are reluctant to do good for fear of falling foul of the law (including, as we have pointed out recently, defending themselves from criminals), is matched by an equally alarming trend: that police officers, health workers and other officials employed in front-line public services are reluctant to intervene in cases where people are clearly in very serious danger until they have clearance from "health and safety" – by which time it is often too late. In 2007, Jordan Lyon, a 10-year-old boy, drowned while trying to save his younger sister, who had fallen into a pond. Two community support officers came to the scene: they could not ascertain the boy's exact location, felt they had not been trained sufficiently to save his life, so left him to die. Then there are the terrible cases where medical support staff will not help people who have fallen out of their wheelchairs because "health and safety" has informed them they might injure their own backs if they did so. As one woman who suffered in that way said: "I asked them [five medical support staff] for help. They did not. They watched me crawling on the floor. It was the most humiliating and degrading experience of my life."
The paradoxical result is that one of the main threats to people's health and safety comes from health and safety legislation. These laws urgently need to be amended to ensure that people are not penalised for trying to help others. Other countries manage it, as do various states in America. We hope that this Government, or the next one, takes the steps necessary to remedy an absurd legal situation that will produce many more broken bones before this cold snap ends.
Source
Monday, December 28, 2009
New York Personal Injury Attorneys – NY Accident Lawyers
If you get injured in a car accident, dog bite or are a victim of medical malpractice by any medical authorities or an individual, then you should file a personal injury claim. These injuries could have resulted either from negligence of another person, private or public authority or even by the New York Civic authorities
However before filing a personal injury claim in NYC, then you will need a doctor’s report, accident report, and photographs of accident sites, evidence and witnesses.
Some steps that you need to take when in a New York,NY personal injury are as below:-
a) Seek immediate medical attention and always even if your injuries don’t appear serious or if some of the injury victims have reported experiencing pain after a year of the accident. Your minor injuries can have devastating effects on your personal life and health.
b) Take pictures of lacerations, contusions, inflammations and broken, injured bones and bruises, cuts or any forms and signs of physical injury.
c) Document all major details related to the accident, and that includes taking note of the date, time and place, type of injuries sustained, lost wages as well as medical expenses. If you were involved in an auto accident, then take down notes or mentally note the road and weather conditions and traffic conditions. If you have observed any malfunctioning of traffic signals or any similar visible hazards, then document these.
d) Always file an accident report with the local New York,NY police and obtain copies of the same. These will help you in filing and making a strong case for personal injury claim.
e) Locate eyewitness of your accident since they can be crucial especially if you want to claim personal injury expenses against your insurance company. Most of these give details on who was at fault at the time of the accident and the statement should be given in writing.
f) Keep evidences like a damaged vehicle, a broken step or torn clothing. These can prove to be more effective than a written or a verbal description.
g) You should contact a personal injury lawyer within NYC who will help you receive justice and adequate compensation. Several issues are involved in filing a personal injury claim, which can make things difficult and complicated while on the other hand, some insurance companies try their best to deprive you of genuine insurance claim. It is then best to hire a personal injury lawyer to help you receive compensation.
h) You should also notify your insurance company and the party responsible for your injuries. Notifications should be sent in a letter format.
There are several injury lawyers who offer services for free. Most cases involving medical negligence and malpractice can get quite complicated sometimes due to medical issues. It is best to hire a New York injury lawyer (local lawyer) who can help you receive justice and fair compensation.
However before filing a personal injury claim in NYC, then you will need a doctor’s report, accident report, and photographs of accident sites, evidence and witnesses.
Some steps that you need to take when in a New York,NY personal injury are as below:-
a) Seek immediate medical attention and always even if your injuries don’t appear serious or if some of the injury victims have reported experiencing pain after a year of the accident. Your minor injuries can have devastating effects on your personal life and health.
b) Take pictures of lacerations, contusions, inflammations and broken, injured bones and bruises, cuts or any forms and signs of physical injury.
c) Document all major details related to the accident, and that includes taking note of the date, time and place, type of injuries sustained, lost wages as well as medical expenses. If you were involved in an auto accident, then take down notes or mentally note the road and weather conditions and traffic conditions. If you have observed any malfunctioning of traffic signals or any similar visible hazards, then document these.
d) Always file an accident report with the local New York,NY police and obtain copies of the same. These will help you in filing and making a strong case for personal injury claim.
e) Locate eyewitness of your accident since they can be crucial especially if you want to claim personal injury expenses against your insurance company. Most of these give details on who was at fault at the time of the accident and the statement should be given in writing.
f) Keep evidences like a damaged vehicle, a broken step or torn clothing. These can prove to be more effective than a written or a verbal description.
g) You should contact a personal injury lawyer within NYC who will help you receive justice and adequate compensation. Several issues are involved in filing a personal injury claim, which can make things difficult and complicated while on the other hand, some insurance companies try their best to deprive you of genuine insurance claim. It is then best to hire a personal injury lawyer to help you receive compensation.
h) You should also notify your insurance company and the party responsible for your injuries. Notifications should be sent in a letter format.
There are several injury lawyers who offer services for free. Most cases involving medical negligence and malpractice can get quite complicated sometimes due to medical issues. It is best to hire a New York injury lawyer (local lawyer) who can help you receive justice and fair compensation.
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