Category: Personal Injury

Fitness trackers have quickly become a fixture on the American wrist over the last two years, taking the lion’s share of the wearable gadget gift market. Fitbit, the Apple Watch, and a dozen other such gizmos can track not only steps taken, but also blood pressure, heart rate, sleep quality, and more. Fitbit’s, in particular, have become increasingly popular because they can help most keep track of their fitness goals and achievements, allowing you to reach those goals easier. When you know how many steps you take throughout the day and how you are sleeping at night, it becomes a bit easier to lose weight, for example.

Consider:

• One out of six consumers own some type of wearable technology.

• Nearly half of all wearable tech users – 48 percent – are between 18 and 34. While more than two-thirds of 16-to-24-year-olds want wearable tech.

• More men are into the trend than women: 69 percent vs. 56 percent.

• On the financial side, analysts expect the market to grow by 35 percent by 2019.

These fitness trackers are now being used with increasing frequency to support or dispute information used in court cases, including personal injury lawsuits. In 2014, a Canadian judge used information gleaned from a Fitbit to assess the change in lifestyle of an accident victim. Information stored in the accident victim’s Fitbit provided evidence that she’d become far less active than she had been before the accident. The data comparison showed:

• The victim took fewer steps per day than before the accident;

• The victim slept less soundly and for fewer hours;

• The victim’s overall fitness had declined.

The judge in this case used the Fitbit data to assess the damage the accident inflicted. Experts then fed the data through a larger program called Vivametrica, which compared the plaintiff’s information to that of the general population. The judge could then see that the plaintiff was functioning below the average for women in her age group. The fitness tracker offered a tool that provided facts that supported the victim’s subjective perception that she had suffered, and the judge was able to evaluate her suffering and award compensation based on objective data.

This sort of information taken from a fitness tracker can possibly help you win a car accident court case if you are severely injured by a driver performing at less than normal for your average driver. As this case demonstrates, the use of fitness tracker technology may affect the outcome of certain personal injury cases depending on the circumstances.

Being involved in a road traffic accident is likely to be a traumatic experience, even if you walk away relatively unscathed physically the shock of such an event can leave you with psychological wounds that require treatment to heal properly.

Suffering an injury, either physical, physiological or both, can have a devastating effect on your life. Your injury could prevent you from working, either short term or long term, it could make hobbies you once enjoyed impossible, and it could have a negative effect on your relationships with friends and loved ones causing them to either become damaged or break down completely.

There is no way to estimate to effects that a road traffic accident can have on you, and while bringing a claim won’t change the fact that the accident has happened and you are living with the consequences, it can make those consequences easier to manage. Bringing a claim can help you support yourself financially while you get back on your feet, it can bring you closure on a traumatic part of your life, and it can help you find (and afford) treatment options that you were previously unaware of.

However, a claim is not something that should be started lightly; you should carefully consider the pros and cons of bringing a claim, as well as your likelihood of success.

If you are confident you would like to bring a claim then it can be difficult to know where to start, how do you get the ball rolling? Should you go it alone or get a solicitor? What should you be considering before starting a claim?

This article demonstrates four of the key questions you should be asking before you begin your claim to help you make the right decision for you.

Number one: Who was at fault for your accident?

To successfully bring a claim, you must prove three elements. That the Defendant ( the person you want to claim against) owed you a duty of care, that they breached that duty, and that their breach caused you an injury.

If the Defendant was another road user, e.g. a driver or cyclist then they will owe you a duty of care, you will not need to establish this as it is accepted under the law that all road users owe each other a duty of care.

You must next prove that the Defendant breached that duty of care. This means you must prove that it was the Defendant’s fault the accident happened. The easiest way to do this is either by collecting the police accident report (if the police attended the accident they would have produced a report which establishes who they believe was at fault), through dash cam footage, through CCTV footage if it is available or through witness statements.

If the accident was not the Defendants fault, then you will not be able to claim against them. Despite what a lot of adverts say having an accident is not enough to bring a claim, it must be someone else’s fault. It cannot be a genuine accident where no one was at fault, and it cannot have been your fault for you to successfully claim against a Defendant the accident must have been caused by them, at least in part. If there is more than one person at fault, e.g., both you and the Defendant are partly to blame, then you can still bring a claim but any compensation received will be diminished based on the percentage you are found to be at fault.

e.g., if the accident is 80% the Defendants fault and 20% your fault and the case settles for £10,000.00, then you will only receive 80% of £10,00000 as you were partly (20%) to blame.

Number Two: Do you want to bring a claim yourself or go through a solicitor?

If you bring your claim via a solicitor, then you will gain the advantage of having a seasoned legal professional or a team of legal professionals on your side who will run your claim from start to finish. A lot of solicitors will take a road traffic accident claim on a No Win No Fee basis; this means if you are unsuccessful you will not have to pay legal costs. Although you could still be liable for disbursements, disbursements being anything the firm has had to buy to move your case forward, e.g. copies of your medical records, and a medical report. If you win, you will have to use a percentage of your compensation to pay your solicitors. The legal costs in cases like this will be limited to usually 25% of your compensation.

If you bring the claim yourself, then you will have to do all the work yourself, and you will likely be going up against the Defendant’s insurers legal team which can be daunting. You will also have to pay any disbursements out of your pocket as and when they arise and then possibly be reimbursed for them later if you win.

However, if you are successful, you will keep 100% of your compensation.

Number Three: Do you use your insurer’s solicitors or find one yourself?

If you have car insurance, then you may be covered for legal claims and your insurer may run the claim for you using their own in house legal team. This can reduce stress for you as it means everything is taken care of for you and you do not usually have to worry about paying any disbursements if your claim is unsuccessful. However, you will never meet your legal team unless you go to court. All contact is likely to be done by email and over the telephone; you may not have a single claim handler but a team which could mean you talk to a different person each time you phone, although this depends on the company.

If you choose your solicitors, you can pick a firm local to you so you can physically go in and see someone. You can build a relationship with that person and deal with them throughout the process. You can physically drop in when you have questions and or documents you wish to provide.

Neither of these options is more qualified than the other, and it is your decision based on your preferences on how you wish to proceed.

Number Four: What funding options are available?

Most claims involving Road Traffic Accidents can be dealt with by a No Win No Fee Agreement, where should your case be unsuccessful, you will not have to pay any legal fees, but if you are successful, a portion of your compensation will go to the solicitor in legal fees.

You may be able to bring your claim using an existing insurance policy. Your Certificate of Insurance or Policy Schedule will usually state if your car insurance includes a legal expenses policy.

Using your existing insurance policy to bring your claim has an obvious financial advantage, being that it removes the risk from you regarding the need to pay for disbursements. The insurance company will cover your legal fees for your claim if you lose your case. Some insurers will not charge you the 25% if you are successful, but some will, make sure you clarify this with them before agreeing to let them run your claim.

If you are a member of the Trade Union or other similar organisation, they may cover the cost of your claim and may have their solicitors whom they can instruct on your behalf.

Lastly, you can self-fund a claim either by paying a solicitor privately or by running the claim yourself. If you decide to pay a solicitor privately, they then will submit monthly invoices to you, which you will then have to pay. It is likely they will also ask for a sum on account of work and disbursements.

If you decide to run your claim yourself, you will be required to pay the costs of the case as it progresses. This means paying the solicitor fees and disbursements that arise when they arise. You should discuss hourly rates and how many hours worth of work your case will involve with your solicitor. Keep in mind this is the most expensive way to run this type of case, and it will not be cheap. You could end up paying out more in legal fees than you receive in compensation.

BONUS QUESTION!

Was a friend with you in the car? Can you claim together?

While it won’t necessarily help or hinder your claim, having a friend to claim with can provide you with a unique support network. It will also give you someone to discuss matters with to help you recall events and give a voice to your concerns and thoughts.

In conclusion, deciding to bring a claim is never an easy decision or one that should be made lightly. It should be given much thought, and you should consider whether or not you have a valid legal claim, how you will fund your claim, and how you will progress your claim. If you are unsure about any of these elements a lot of solicitors offer a free advice session. Many firms will use a free advice session to assess whether or not you have a claim.

Coworkers rushing to save fellow employees in a construction work accident

I recently posted about the heroic efforts of several workers in a trench collapse at a wind farm near Rainier, Washington. The Department of Labor and Industries (L&I) cited and fined several employers for the incident. Most importantly, we must remember that several construction workers risked their own lives. Those brave workers jumped into the trench to try and rescue their fellow workers.

Police officers saved lives after public shooting

Similarly, three police officers were recognized in the news and other media outlets for lifesaving efforts in Des Moines, Washington. Very recently, on July 13, 2020 there was a shooting incident near a Metro stop in Kent, Washington, injuring six people. An off-duty Des Moines K-9 police officer, Doug Weable, was in his patrol car. The police dispatcher flagged him down to help. Immediately, the officer went to work using a shirt to apply a chest seal to 15-year-old victim. In parallel, Officer Weable directed a bystander to move another 16-year-old victim onto his side to aid in his breathing.

Two other officers, Johnny Tyler and Shay LaMarsh responded to the scene and used advanced medical training to assist with other victims. Luckily, these officers were trained in combat first aid alongside Army Rangers and Special Forces medics at Joint Base Lewis McChord near Lakewood, Washington. Consequently, following their quick actions, the officers saved the lives of the shooting victims. There’s no question that these officers acted heroically to save the life of others.

There are many work-injury heroes among us

While these officers received public credit, there are many workplace heroes that did not. For example, those fearless construction workers that helped after the trench collapse accident. However, that’s why every year, the Washington State Governor honors workplace heroes at the Governor’s Industrial Safety and Health Advisory Board (GISHAB). This year, the Governor is presenting the awards at the virtual GISHAB conference occurring September 21-25, 2020.

Workplace hero nominations

If you know of live-saving incidents that occurred between June 1, 2019 and May 31, 2020, then you can nominate your fellow workers. All workers of a state-funded or self-insured employers are eligible for nomination. Here, the most important nomination criterion is that a nominee performed hands-on aid. This is especially important for law enforcement officers, firefighters, and emergency medical technicians (EMT). To qualify for consideration, those and other similar professions must perform a lifesaving action beyond the call of duty.

This year, the deadline to nominate is July 31, 2020. Furthermore, the Governor will give out a humanitarian award to workers who tried to render lifesaving assistance to others, unsuccessfully. Workplace hero nominations can be submitted on the GISHAB website. Finally, the registration for the Virtual Governor’s Industrial Safety & Health Conference opens in August.

This article was first published on https://tarareck.com/work-injury-heros-in-washington-state/

We use our arms, shoulders and hands for most of the regular tasks and jobs. Quite obviously, any injury to the arms can put us off work and activities of daily life. Arm injuries can occur under various circumstances, but if someone else is to be blamed for your condition, you would want to get compensated. This is exactly where an arm injury attorney can come in handy. In this post, we will talk about the things that need your attention.

Knowing Your Case

If you have injured your arm at work, workers’ compensation laws are applicable. On the contrary, arm injuries caused in an auto accident will be considered under the personal injury law. In many cases, people get injured in a trip & fall case, which again comes under personal injury, and if you can prove the negligence of the property owner, you can get compensated. The compensation you get from the other party depends on many factors, including the nature of accident, the extent of injury, and expertise of your lawyer. It is always best to take the initial steps as early as possible, and the first obvious task is to hire a lawyer.

Getting Help

Finding an arm injury attorney is easy if you check online. Or else, just talk to your friends, colleagues and other contacts to find reliable references. When you visit your lawyer for the first time, you need to ask a few questions. Below are some of the aspects to consider.

1. Experience and expertise. Every lawyer has his own areas of expertise. Some are better at criminal cases, while others may deal in divorces and family matters. Since we are talking about arm injury here, you need a lawyer who understands personal injury law. Ask questions like – How long have you been practicing? Have you handled cases similar to mine? What are my chances in the case?

2. Availability. A lawyer should be available to take your case. In many cases, the law firm may select a lawyer based on the aspects of the case, but you need to know if the appointed lawyer will be around to take questions and complete the judicial work as required.

3. Fee. Legal fees are higher than ever, and as someone who is dealing with medical bills and other expenses, you would want an affordable lawyer. In most cases, the concerned lawyer will charge a part of the compensation amount, but there are other arrangements too. Talk to the concerned law firm, and they can explain things better.

Finally, be realistic. There’s a limit to the amount of compensation you can get for a physical arm injury, and a lot of it depends on your lawyer, because he will convince the court of the wrongdoing of the other party. Talk to your lawyer in detail about the things you can expect from the case, and whether you should go for a settlement. In some cases, a settlement may come handy, especially if you don’t want to wait for long years of litigation to get compensated.

Premise Liability law is a set of ordinances that hold property owners liable and responsible for any harm or damages caused to people who are on the premises. This liability differs depending on whether the injured person was invited onto the property, licensed to enter the property, or someone who has trespassed onto the property. Property premise is defined as inside and outside the property, including sidewalks and access property.

Such cases of property liability have involved slip and fall accidents, structural hazards, victims of violence and assault, food poisoning, animal bites and attacks, and more. More detailed reports of past premise liability cases were dead tree branches, poorly maintained public stores, swimming pool accidents, pet bites and animal attacks, driveway car accidents, un-leveled sidewalks, restaurant food poisoning, and bonfire accidents.

Premise Liability Organizations

Important organizations related to property liability law in Indianapolis, IN are the American Tort Reform Association (ATRA), the National Association of Insurance Commissioners (NAIC), and the National Center for Injury Prevention and Control (NCIPC). These associations have dedicated years of combined efforts to reform the law and rights of injured individuals. The American Tort Reform Association was created in 1986. The Association’s creed is preserving the American civil justice system’s efficiency, predictability, and fairness.

The National Association of Insurance Commissioners seems like an unlikely ally in the premise liability law world. But, in fact, this association has worked endlessly to promote markets, protect the public’s interest, implement equal and fair service of insurance customers, promote reliability of insurance companies, and the improve the state’s regulation of insurance. Finally, the National Center for Injury Prevention and Control was established 20 years ago to promote safety and injury prevention across the country and works closely with research institutions to get closer to their goals.

Premise Liability Lawyer

If you think you may have been involved in a premise liability accident, it is important to contact an experienced personal injury attorney right away. Depending on the circumstance of your case, you may have a valid legal claim for compensation. You can pursue a personal injury claim to recover financial restitution for lost wages, emotional distress, hospital bills, medical expenses, legal fees, prolonged therapy, pain, suffering, and much more.

Free Initial Consultations

For more detailed information on property liability law, ask a professional personal injury attorney for free. Many law offices offer free initial consultations to discuss your accident and claim before moving forward with any legal contracts or fees. Be sure to choose a trusted personal injury law firm with extensive trial and litigation experience.