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

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.



Tuesday, December 15, 2009

Millions of Dollars Recovered in Personal Injury Claims: Thanks to California Attorney Group

Leading Los Angeles personal injury
lawyer at California Attorney Group, has recovered millions of dollars in
restitution for their personal injury victims. It happens in an instant, and
often when you least expect it. Driving down the road on a peaceful day, or
crossing the street in your own neighborhood. Then, in a flash, your life can
change forever due to someone else's negligence. Car accidents, motorcycle
accidents, truck accidents, slip and fall injuries can cause irreparable
bodily harm and long term mental suffering. The worst is when the accident is
entirely the other party's fault. In those cases, victims must hire a
qualified, trustworthy personal injury attorney with a proven track record of
winning cases, much like the California Attorney Group.

Los Angeles based California Attorney Group is one of the top personal injury
law firms in the Southern California region with millions of dollars recovered
for their clients. These millions of dollars recovered have enabled their
clients to go on living their lives by eliminating stifling medical bill debt
from their injuries, enabling them to receive all the medical treatment they
need to recover. The California Attorney Group's personal injury lawyer has
recovered these millions of dollars in client compensation thanks to the
dedication to the victim and their family. Clients are not seen as a faceless
name; they are treated with respect and valued as individuals. Each client is
of equal importance, whether their case will bring millions of dollars
recovered or a few thousand dollars, the California Attorney Group lawyers
devote just as much care and attention to the individual case.



Source

Saturday, November 28, 2009

Personal Injury - What can you expect to recieve compensation for?

Leading personal injury lawyers Weitz & Luxenberg would like the public to be aware of the potential dangers that may be related to the excessive use of zinc-containing denture cream.

According to researchers, the human body needs zinc but too much zinc can purge the body of copper. Copper deficiency can lead to nerve damage. The symptoms of nerve damage include a feeling of weakness, numbness in arms and legs, difficulty walking, loss of balance and memory impairment.

Doctors at the University of Texas Southwestern Medical Center described the incidence of nerve-related disorders in four patients who used denture cream excessively i.e. 2 or 3 tubes per week. Generally, a tube is supposed to last for 3 to 10 weeks. Reportedly, people may overuse zinc-containing denture cream to prevent dentures from coming loose.


Source

Sunday, November 15, 2009

Dallas truck accident lawyer - Eberstein Witherite wins millions in compensation for injured clients

Dallas, Texas (CaymanMama.com) — Every year, thousands of drivers and passengers are killed or severely injured in motor vehicle accidents with tractor trailers, 18-wheelers, semis, and other big rigs. As the giants of the road, it is easy to see why truck accidents claim so many lives and hurt so many more.
The Dallas truck accident lawyers and experienced legal staff at Eberstein & Witherite, LLP, led by leading Texas personal injury lawyer Brian Eberstein, have a combined 40 years of legal practice working both small and large truck accident cases, having fought back against insurance companies and winning.
In fact, the Firm has successfully fought and won millions of dollars for clients and their families following truck accidents as a result of carelessness, recklessness, or negligence on the part of a truck driver or trucking company.
Trucking accident cases and settlements the Firm has won:
* Family of a mother who was killed when an 18-wheeler collided with the family’s car was awarded $704,320.50 to help them recover from significant financial and emotional loss.
* Award of $787,321.79 for the surviving family members of their father, who lost his life in a truck accident with an 18-wheeler.
* The Firm negotiated an amazing $1.6 million settlement to compensate a victim’s family for damages related to the death of their loved one after a fatal truck accident that occurred on the side of the road.
* A compensation award of $316,989.66 awarded to a client who developed severe back problems after his car was struck by an 18-wheeler.


Source

Wednesday, October 28, 2009

Compensation can add misery to injury

IT'S so tempting to see misfortune as a money spinner. Slipped on a grape at the supermarket? Sue! Stressed out by an overbearing boss? Claim!

Hurt your neck in a car accident? Collect!

But here's something to consider before you speed-dial a lawyer - a compensation payout may make life worse.

Mounting evidence suggests seeking, and pocketing, a fat payout adds to a victim's misery. Studies consistently show injured patients take longer to recover and have worse long-term mental and physical health if they get sucked into our compo culture.

Well, I hear you say, maybe some people are just malingerers. Or perhaps they're fabricating pain to milk the system.

But the research seems to show the effect exists whether a claim is frivolous or entirely worthy. Be it a woman who wants money for toppling over in her high heels at work or a grieving mum seeking a financial salve for the pain she feels after her child's death.

Even with an injury that can be studied objectively, such as a bone fracture,

studies show uncompensated patients get on with life faster.

The most satisfied patients, studies have found, are those who blame themselves for their misfortune and don't bother pursuing anyone for retribution.

Conversely, the most dissatisfied, regardless of injury severity, are those with an unsettled compensation claim.

Intuitively, it makes sense. The adversarial nature of the insurance or court process leaves many victims feeling powerless. And surely all that time preparing for medical tests to prove they're unwell must chew up mental energy that could be better directed toward a faster recovery?

But even when the compo scheme is no-fault, and the insurers agree to pick up the tab without need for an army of lawyers, a payout still seems to have a negative influence on recovery.

Melbourne trauma expert Prof Peter Cameron has written an editorial on the topic that will appear in the international journal Injury.

In it, he argues that at the very least we must conduct more research to find out why compensation schemes are such a barrier to recovery from injury.

I'm not suggesting we axe the schemes or prevent people pursuing justice through

the courts.

Clearly, victims are entitled to be compensated when things go wrong. And in many instances, forcing companies, employers or government departments to cough up when they've done wrong is the best way to hold them to account.

We need to frame the schemes better, though, so we're not harming the people we're trying to help.

Monash University last month formed a new Institute for Safety, Compensation and Recovery Research -- a joint initiative between WorkSafe and the TAC - to start the ball rolling on new approaches.

They might want to speed things up. It can only be a matter of time before someone sues because their compo payout made their life worse.


Source

Thursday, October 15, 2009

Wife left to bleed to death

A MAN who left his wife to bleed to death while he watched football has been jailed for five years.

David John Reid left his de facto wife, Nola Ritter, 62, lying bleeding on their bedroom floor after hitting her over the head with a coffee cup during an argument.

She died of complications caused by her head injury.

Supreme Court judge Simon Whelan yesterday said that although Reid, now 51, had told police he offered his live-in partner help several times he never attempted to bandage the wound or stop the flow of blood.

"You have, by your criminal neglect, caused a death," Justice Whelan told him.

"You had a responsibility to care for Ms Ritter and yet you chose to abandon her in her moment of need."

In a police record of interview, Reid told detectives there was "blood everywhere" after he hit Ms Ritter with a coffee cup on the night of May 20, 2006, during an argument.

"I said, 'Do you want to go to the doctor's?' She goes, 'No I'll be right', and then I'm thinking 'Thank Christ for that because I'd be too pissed to drive'," he said.

Justice Whelan said yesterday: "The bed clothes were drenched in blood. There were literally pools of blood throughout the house.

"You left her and spent the whole day drinking beer and watching football at your brother's without ever checking back on her and without even mentioning to your brother or his partner what had happened."

Reid was found guilty of manslaughter and recklessly causing injury.

His lawyer had told the trial he was guilty of nothing more than poor judgment by leaving a bleeding Ms Ritter.Justice Whelan said Ms Ritter's death had a devastating effect on her family. "(Her daughter) Lindy Ritter describes her as a loving mother and grandmother," he said.

"She says, 'I am not as lighthearted as before. This sadness and despair for mum is always in the background'."

Reid, of Cranbourne, will serve at least three years.


Source