Whiplash is a medical condition that occurs most frequently after a road traffic accident. The onset of whiplash arises when the soft tissue in the spine is stretched and strained after the body is thrown in a sudden and forceful jerk.
Whiplash is an example of a condition that is hard to diagnose. This is because there are no tests that can be done to confirm that you are suffering; you can't have a blood test or an x-ray that will show that the soft tissue has been stretched; so how is whiplash diagnosed? Whiplash is identified by a doctor assessing the background of the injury and by you describing the symptoms that you are suffering from; however a doctor or hospital should be altered if a patient experiences memory loss or has periods of unconsciousness after being involved in an accident that has left them suffering from whiplash. Also if a person starts to experience pains in the back of the head, pins and needles in the shoulders and arms or notices a sensation of heaviness in the arms. If you are suffering from whiplash and start to experience any of these things it is highly important that you go and see your doctor or go to the hospital.
The most common complaints that occur surrounding headaches and stiffness in the neck as well as the back of the head. The symptoms that occur usually appear within the first couple of days after the accidents and they usually pass after a few days or weeks. To aid your recovery and to prevent your injury getting worse you should try and apply an ice pack to your neck within the first 24 hours of the accident happening. This will help to reduce the inflammation. It is also advised that you try and keep active as movement will help to stop your neck from becoming stiff and it will help you return to your normal routine quicker; however you are advised to avoid certain physical activities that may aggravate the injury. People who stay active and exercise their necks, despite the pain, usually recover more quickly.
When you are in a line of a slow moving traffic and you are hit from behind you can't possibly get whiplash, yes? No, it doesn't matter how fast or slow you were travelling when an accident occurred. Whiplash can occur even if your car was only travelling a few miles per hour. Many people only associate whiplash with vehicles that were travelling at high speed when in fact whiplash injuries are caused quite frequently by vehicles that are travelling at low speeds.
If you have suffered whiplash after a road traffic accident that was caused through no fault of yours then you could put in a claim for compensation. You should be warned however that whiplash cases are sometimes hard to win, which is why it is important that you speak to a personal injury solicitor who will asses your case to see if you are entitled to put in a claim for compensation.
Balinda & Co Solicitors are experts in all aspects of Whiplash Compensation Claims.
Thursday, 29 May 2008
Monday, 26 May 2008
Hit-and-Run Victim's Compensation Right Upheld
A Greater Manchester teenager badly injured by a hit-and-run driver as a toddler has won the right to compensation after the Court of Appeal turned down a challenge by the Government.
Ben Byrne, 18, set a legal precedent last year when a High Court judge ruled that the three-year time limit on making claims to the Motor Insurers' Bureau did not comply with EU law.Mr Justice Flaux's ruling meant Mr Byrne could claim damages.
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The MIB and Government appealed against the decision and on Friday three appeal judges agreed that victims of hit-and-run drivers should have the same rights as those of victims of insured drivers whose claims can be made from the age of 18.Mr Byrne, of Cottesmore Way, Golborne, was just three in 1993 when he was knocked down outside his nursery school near his home but the motorist has never been traced.It was only in October 2001 after taking legal advice that his parents lodged their application with the Motor Insurers' Bureau - the industry body that compensates victims of uninsured drivers - but it was refused on the grounds it was out of time.Insurance industry sources deny the appeal court's ruling would lead to thousands of other applications for compensation.They say it will affect only half a dozen claims.The Untraced Drivers Agreement 1972 between the Department of Transport and the MIB contains no provision to suspend the three-year time limit until Mr Byrne reached the age of 18.Mr Justice Flaux's ruling that under EU law the MIB procedure should be subject to a limitation period no less favourable than those governing other minors for personal injury against a traced driver was upheld and the appeals dismissed.
Ben Byrne, 18, set a legal precedent last year when a High Court judge ruled that the three-year time limit on making claims to the Motor Insurers' Bureau did not comply with EU law.Mr Justice Flaux's ruling meant Mr Byrne could claim damages.
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The MIB and Government appealed against the decision and on Friday three appeal judges agreed that victims of hit-and-run drivers should have the same rights as those of victims of insured drivers whose claims can be made from the age of 18.Mr Byrne, of Cottesmore Way, Golborne, was just three in 1993 when he was knocked down outside his nursery school near his home but the motorist has never been traced.It was only in October 2001 after taking legal advice that his parents lodged their application with the Motor Insurers' Bureau - the industry body that compensates victims of uninsured drivers - but it was refused on the grounds it was out of time.Insurance industry sources deny the appeal court's ruling would lead to thousands of other applications for compensation.They say it will affect only half a dozen claims.The Untraced Drivers Agreement 1972 between the Department of Transport and the MIB contains no provision to suspend the three-year time limit until Mr Byrne reached the age of 18.Mr Justice Flaux's ruling that under EU law the MIB procedure should be subject to a limitation period no less favourable than those governing other minors for personal injury against a traced driver was upheld and the appeals dismissed.
Thursday, 22 May 2008
How to Be Successful With Your Medical Negligence Claim
4 Crucial Steps to Follow
When you visit a doctor, you are seeking some form of medical care, and you trust the doctor to provide it adequately. However, sometimes doctors do not provide you the service you paid for or make mistakes such as wrong diagnosis, not referring you to a specialist in time, mistakes during surgery, etc. Such mistakes are referred to as medical negligence.
If you feel you are a victim of medical negligence, it is your legal right to seek restitution in the form of compensation. The key part of a successful medical negligence claim is proving the doctor did not follow correct medical procedures. Because this is a complicated area for a layperson to enter into you definitely need to engage an experienced medical negligence lawyer. Here are the four essential steps for a successful claim:
Step 1: Contact a lawyer
The first step is to contact a lawyer who specializes in medical negligence claims. The lawyer will usually give you a free initial consultation, where your case is reviewed, after which the lawyer will tell you if your case is strong enough to claim compensation for medical negligence.
Step 2: Submit the necessary documents
When you meet the lawyer, you need to bring your medical records to be reviewed. In fact, detailed medical records are vital to any successful medical negligence claim. You simply cannot bring too much information. Include everything: personal details of the claimant, name of the doctor or doctors who provided treatment, the clinic or hospital where the treatment was carried out, the dates of treatment, the kinds of treatment, the medications prescribed, the blood tests, etc.
Step 3: Discuss your claim thoroughly
In medical negligence cases, you have to be sincere and discuss everything with your lawyer. Don't hold back. Your lawyer will review what you say and study your documents and come to a determination about the strength of your claim. Then the lawyer will estimate how much compensation you should ask for and how long the claim process should take.
Step 4: Get testimony from medical experts
In a medical negligence claim case, it's likely a medical expert will be hired to examine your records to determine if there is negligence and how you have been affected. The medical expert is typically a doctor with many years of experience in that specialty. The expert will prepare a report detailing the extent of the negligence and the injuries suffered. The expert may also testify in court.
Balinda & Co Solicitors are injury experts in accident claims issues. Please visit their site http://www.injury-experts.co.uk for more information regarding accident compensation process.
When you visit a doctor, you are seeking some form of medical care, and you trust the doctor to provide it adequately. However, sometimes doctors do not provide you the service you paid for or make mistakes such as wrong diagnosis, not referring you to a specialist in time, mistakes during surgery, etc. Such mistakes are referred to as medical negligence.
If you feel you are a victim of medical negligence, it is your legal right to seek restitution in the form of compensation. The key part of a successful medical negligence claim is proving the doctor did not follow correct medical procedures. Because this is a complicated area for a layperson to enter into you definitely need to engage an experienced medical negligence lawyer. Here are the four essential steps for a successful claim:
Step 1: Contact a lawyer
The first step is to contact a lawyer who specializes in medical negligence claims. The lawyer will usually give you a free initial consultation, where your case is reviewed, after which the lawyer will tell you if your case is strong enough to claim compensation for medical negligence.
Step 2: Submit the necessary documents
When you meet the lawyer, you need to bring your medical records to be reviewed. In fact, detailed medical records are vital to any successful medical negligence claim. You simply cannot bring too much information. Include everything: personal details of the claimant, name of the doctor or doctors who provided treatment, the clinic or hospital where the treatment was carried out, the dates of treatment, the kinds of treatment, the medications prescribed, the blood tests, etc.
Step 3: Discuss your claim thoroughly
In medical negligence cases, you have to be sincere and discuss everything with your lawyer. Don't hold back. Your lawyer will review what you say and study your documents and come to a determination about the strength of your claim. Then the lawyer will estimate how much compensation you should ask for and how long the claim process should take.
Step 4: Get testimony from medical experts
In a medical negligence claim case, it's likely a medical expert will be hired to examine your records to determine if there is negligence and how you have been affected. The medical expert is typically a doctor with many years of experience in that specialty. The expert will prepare a report detailing the extent of the negligence and the injuries suffered. The expert may also testify in court.
Balinda & Co Solicitors are injury experts in accident claims issues. Please visit their site http://www.injury-experts.co.uk for more information regarding accident compensation process.
Tuesday, 20 May 2008
You Can Claim Different Types of Road Traffic Accident Compensation
Even though technology has advanced to the point that vehicles have been made safe for use by people, road traffic accidents still abound. This is because these accidents arise not from the vehicles, but from the neglect and lack of discipline of both motorists and pedestrians. In fact, statistics show that the majority of people will go through a serious accident at least once. If you are one of these people, then you might have experienced the long and inconvenient process of getting your claim for compensation for the damages you've received from the road traffic accident.
A road traffic accident compensation claim is made not only for financial loss but also for personal injury that arises from a mishap concerning pedestrians or cyclists and vehicles travelling on a public highway. In order that you become successful at getting your claim for compensation, it has to be proven that the other party is the one who caused your injury and is at fault. The authorities will draft a police report regarding the whole incident. The report will factor in your statement as well as that of the other party and witnesses, if there are any. From this, the police will determine who they think is at fault based on who broke traffic rules and regulations.
If it is found that the other party is responsible for the road traffic accident, you should make your compensation claim against him/her. The one who pays for your compensation is the insurance company of the one at fault. Even if the driver is not insured, you are still assured of a compensation claim. Motor Insurance Bureau will pay your compensation especially when the guilty driver is not insured or is unable to be traced such as in a hit and run case. Just make it a point to inform the authorities immediately regarding the incident so that you can prove to Motor Insurance Bureau that the accident really occurred the way you described it.
You can claim different types of road traffic accident compensation:
1. Financial loss
This involves losses and expenditures that have resulted from the accident such as hospitalization and medical expenses, lost income, and vehicle repairs.
2. Interest
You are also entitled to claim interest arising from the above financial expenses.
3. Personal injury
This includes physical injuries like sprains, fractures, and whiplash injury. It also includes psychological injury such as trauma and post-traumatic stress disorder.
4. Legal cost
You can also have your legal expenses reimbursed if your personal injuries and other damages exceed a certain amount.
The path to getting your compensation claim for a road traffic accident may be too complicated for you. There are several things that you need to do such as proving the guilt of the other party, assessing all the expenses caused by the accident, and so on. Thus, it is not suggested to you handle it all by yourself. It is recommended that you enlist the help of an injury expert in making your compensation claim.
A road traffic accident compensation claim is made not only for financial loss but also for personal injury that arises from a mishap concerning pedestrians or cyclists and vehicles travelling on a public highway. In order that you become successful at getting your claim for compensation, it has to be proven that the other party is the one who caused your injury and is at fault. The authorities will draft a police report regarding the whole incident. The report will factor in your statement as well as that of the other party and witnesses, if there are any. From this, the police will determine who they think is at fault based on who broke traffic rules and regulations.
If it is found that the other party is responsible for the road traffic accident, you should make your compensation claim against him/her. The one who pays for your compensation is the insurance company of the one at fault. Even if the driver is not insured, you are still assured of a compensation claim. Motor Insurance Bureau will pay your compensation especially when the guilty driver is not insured or is unable to be traced such as in a hit and run case. Just make it a point to inform the authorities immediately regarding the incident so that you can prove to Motor Insurance Bureau that the accident really occurred the way you described it.
You can claim different types of road traffic accident compensation:
1. Financial loss
This involves losses and expenditures that have resulted from the accident such as hospitalization and medical expenses, lost income, and vehicle repairs.
2. Interest
You are also entitled to claim interest arising from the above financial expenses.
3. Personal injury
This includes physical injuries like sprains, fractures, and whiplash injury. It also includes psychological injury such as trauma and post-traumatic stress disorder.
4. Legal cost
You can also have your legal expenses reimbursed if your personal injuries and other damages exceed a certain amount.
The path to getting your compensation claim for a road traffic accident may be too complicated for you. There are several things that you need to do such as proving the guilt of the other party, assessing all the expenses caused by the accident, and so on. Thus, it is not suggested to you handle it all by yourself. It is recommended that you enlist the help of an injury expert in making your compensation claim.
Thursday, 15 May 2008
Try Making Workplace Safer
Some jobs are more dangerous than others, but all jobs have their hazards.
Sure, workers in plants and mills may have to focus more on workplace safety than people sitting behind a desk, but even a desk job comes with risks such as carpal tunnel syndrome or back problems.
On April 28, people in the West Kootenay joined with people all over the world to remember people who lost their lives trying to make a living. People who got more than they bargained for while trying to put food on the table.
Very few people leave for work wondering if they will walk through the door after the clock has been punched.
But the National Day of Mourning is about more than grieving those lost on duty. It is about focusing on our work environments and finding ways to make them safer.
So how does this apply to you? Most professions already have strict safety rules in place, aren’t they good enough?
In most cases, yes. But there are things you can do to make the workplace safer for yourself and your co-workers — and they don’t require a lot of effort. Acts as simple as emptying the recycling more often so they don’t get too heavy, to pushing in your seat when you’re away from your desk and tucking in the straps on your laptop cases/briefcases can greatly reduce the risk of injury in the workplace.
We hope you all took the time to remember and honour the memory of those killed at work and you will continue to find ways to make the office, where ever it may be, better for everyone.
Sure, workers in plants and mills may have to focus more on workplace safety than people sitting behind a desk, but even a desk job comes with risks such as carpal tunnel syndrome or back problems.
On April 28, people in the West Kootenay joined with people all over the world to remember people who lost their lives trying to make a living. People who got more than they bargained for while trying to put food on the table.
Very few people leave for work wondering if they will walk through the door after the clock has been punched.
But the National Day of Mourning is about more than grieving those lost on duty. It is about focusing on our work environments and finding ways to make them safer.
So how does this apply to you? Most professions already have strict safety rules in place, aren’t they good enough?
In most cases, yes. But there are things you can do to make the workplace safer for yourself and your co-workers — and they don’t require a lot of effort. Acts as simple as emptying the recycling more often so they don’t get too heavy, to pushing in your seat when you’re away from your desk and tucking in the straps on your laptop cases/briefcases can greatly reduce the risk of injury in the workplace.
We hope you all took the time to remember and honour the memory of those killed at work and you will continue to find ways to make the office, where ever it may be, better for everyone.
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