Tuesday, June 4, 2019

Personal Injury Attorneys Will Get You the Maximum Settlement Amount for Your Accident Case

Consideration was given for the editing and publication of this post.

You’ve been injured in an accident—now what?  The personal injuries you’ve sustained in the incident warrant an immediate call to an attorney with a background in personal injury cases.   The second you contact a lawyer and hire skilled legal representation to protect and defend your rights, your chances of receiving the maximum settlement for your personal injury case skyrockets.

Personal injuries mean you’re going to be seeing the inside of a courtroom, right?  That’s not always the case.  Very few accidents that result in personal injuries rarely make it trial, and when the term “settlement” is tossed around, that implies that the case has reached its conclusion outside the walls of a courtroom, which isn’t necessarily a bad thing. 

Compensation can arrive in the form of a settlement, and in this payout, it could be the best and highest number you’ll see from your specific case.  An experienced attorney will be able to know this in the early stages of a case, reflecting back on their long history of personal injury cases to know when to settle or when to push for a trial.  After all, attorneys are usually paid when you’re paid, which align your end goals.

Like a thumbprint, each personal injury accident case is uniquely different.  The factors up for consideration are the severity of your injuries and the defendant’s insurance policy as both will weigh greatly on the outcome of your settlement.  Severe injuries obviously result in additional medical treatment and expenses and therefore the settlement will increase to compensate for such, and for the defendant’s insurance policy, insurance companies will refuse to offer settlement amounts over policy limits.

Imagine taking on a personal injury case yourself.  The deadlines, the paperwork, the dates, the evidence and document compiling, and the argument construction is overwhelming, and your medical treatments are relying on your own litigation abilities to pay the bills and keep yourself afloat. 

Instead, a personal injury attorney does all of the work for you, representing you legally, backed with decades of experience and their firm’s collective facets of personal injury casework knowledge, skills, and areas of expertise.  Now, you’ve got a team driving home your case to win you the maximum settlement possible, utilizing their education and abilities to navigate personal injury laws. 

Hiring an attorney is the most critical step you can take to achieving higher compensation. According to Nolo.com, a survey conducted showed that 91% of those with personal injury cases who had hired lawyers received a payout with this legal representation, but in cases where plaintiffs did not have a lawyer, the percentage of those who received a payout dropped to 51%. Legal representation also made a vast difference in the amount of settlement received, as those with legal representation received an average of $77,600 in their settlements versus the average of $17,600 for those who did not have lawyer and handled the cases themselves.  Even with a retainer and contingency fee, the results still demonstrate that those with lawyers achieve successful, profitable settlements, coming out ahead.

The results are not shocking.  Equipping yourself with an arsenal of sharp legal aid will essentially guarantee you not just fair compensation, but more of a settlement than you would receive without a skilled attorney at your side.  A good attorney has a sixth sense for recognizing an appropriate settlement to ask for, a natural ability to negotiate, and an inherent understanding of how personal injury cases work, and so with their hire you have everything to gain.

Monday, June 3, 2019

Your Rights in Case of Flight Delay

Consideration was given for the editing and publication of this post.

You’re at the airport, ready for a well-deserved holiday or crucial business meeting and you see the dreaded word on the departure board: delayed.  You have that sinking feeling as the delay gets extended by the hour and the realisation hits - your trip may be well and truly ruined.  When you have a connecting flight, the knock-on effects can be disastrous.
Air travel is already stressful; add a delayed flight to the journey and any passenger will be understandably frustrated by the situation.  It’s difficult to know who to turn to and what rights that you, as a passenger, are entitled to – when you do finally find someone to help you, the information is confusing or limited.
What Constitutes a Flight Delay?
Generally speaking, if your flight is delayed for 3 hours or more, you will be entitled to compensation.  However, this of course is heavily dependent on what is accepted as the official time of arrival and this is where the devil is in the detail.  Because this is subject to interpretation – has the plane arrived when it touches down on the tarmac or is it when passengers enter the airport? – the law now states that the arrival time is when at least one aircraft door is open, and passengers can exit the plane.
Can I Get Compensation?
When calculating whether you have a claim, the delay of your flight is not the only factor.  You now need to note the route of your delayed flight, the airline you are flying with and the distance of your flight.
If your flight is within the EU, or you’re flying from an EU country to a non-EU country, you are entitled to compensation, regardless of where your airline is headquartered.  However, if you are flying into the EU from a non-EU country, your flight must be headquartered in the EU for you to receive compensation.
Depending on the distance of your flight, you can claim up to €600 (approx. £540) in compensation.  With the help of MYFLYRIGHT you can easily check if you have a claim and how much compensation you can expect to receive from the airline.
Airline Obligations
Depending on how long your flight is delayed, the airline must provide you with additional services. These include two free phone calls or emails, meals and refreshments.  If your flight is delayed more than 5 hours, you should receive accommodation and transport to and from your accommodation free of charge.
When you miss a connecting flight, providing it is part of the same booking as the delayed flight, the airline must offer an alternative flight– most commonly the next available flight to your destination.  It is within your rights as a passenger to refuse this alternative, in which case you can receive a refund for the missed connecting flight. If you choose this route, you can purchase a flight yourself and the airline must reimburse the price difference.
The above services and alternative flights are completely separate from the financial compensation you can claim when your flight is delayed.  Meaning, when you arrive more than 3 hours late to your destination, you are entitled to financial compensation as well as the alternative flight and additional services. Often passengers are unaware of this and miss out on what they are entitled to by law.
EU Passenger Rights
EU regulations are in place to ensure passengers are protected in the event of a flight delay.  Moreover, there is no need to panic at the airport as rest assured you have time to pursue your case – in the U.K., from the date of your flight delay you have 6 years to claim compensation.  Be sure to document everything as much as possible with receipts, timestamped photos of departure and arrival boards, plus any other evidential papers to increase your chances of success.  Be prepared, know your rights and you can pursue your claim for compensation with minimal stress.

Tuesday, April 16, 2019

Don’t add insult to injury

Consideration was given for the editing and publication of this post.

Statistics show that the number of violent crimes have fallen over the years. However, latest surveys still show that there were in excess of 1 million incidents of violent crime in 2013/2014.
Most people will be familiar with the expression “victim of crime”, however fewer people will be aware that there is a government funded scheme designed to compensate blameless victims of violent crime in Great Britain. It is society`s way of recognising that you have been a victim.
There have been a number of schemes over the years and the latest scheme came into force in November 2012. The Criminal Injuries Compensation Authority (CICA) administer the scheme and decide all claims.
Personal injury can have a devastating effect on the person who has suffered injury through no fault of their own. This is highlighted by the many blameless victims of crimes of violence who suffer in silence, particularly victims of sexual abuse who often repress their experiences, sometimes for many years.
Although the amount of compensation varies under the scheme to reflect the seriousness of the injury, it is becoming increasingly difficult for victims to recover compensation from the Scheme which was designed to compensate them in the first place.
Although you do not need a solicitor to apply for compensation, given the strict eligibility criteria to qualify for an award, and the amount of award itself, it is now more important than ever to get the proper legal advice. A claim which I have just settled is a good example.
My client had been the victim of a nasty unprovoked assault. He had suffered a number of injuries, including a skull fracture and facial scarring. Following an application to the CICA my client was awarded £2400 for the scarring and additional damages for his other injuries.
In order to decide upon the level of compensation payable, the CICA try and match the type of injury that a person has suffered with the injury described in the tariff of injuries set out in the CICA scheme. Under the current scheme, scarring to the face resulting in minor disfigurement has been removed, but significant and serious scarring can still qualify for an award.
In the above example, my client had received an award, based on significant facial scarring. Given the degree of that scarring, a decision was made to review the decision of the CICA. Happily, following a review, the CICA agreed that my client`s injury represented a serious disfigurement and awarded him the amount of £11,000, which was a substantial increase from the previous award.
Our Personal Injury Solicitors Liverpool at Jackson Lees, will assess whether you would qualify for a CICA award. If your claim is unsuccessful, for whatever reason, we will not charge you for any work that we have carried out on your behalf.
To find out if you have a claim or would like any further advice about making a personal injury claim, please get in touch on 0151 282 1700.