Car Accidents and the Law: Getting Compensation for Whiplash

Whiplash is a neck injury that results from an impact that causes the head to snack forward and backward, such as in rear-end car accidents. While whiplash is often humorously portrayed on the big screen, the symptoms of whiplash are not at all funny.

Symptoms of whiplash include pain and stiffness, headaches, and limited range of motion, and can range from mild to debilitating. After an accident, it's best to get medical attention right away, even if the pain doesn't seem to be severe. Symptoms can worsen in the hours or days after an accident. In addition, records of medical treatment are needed to prove whiplash.

It is also recommended to take photos of the accident scene, obtain police reports, and gather witness information to build a stronger case. Whiplash victims should also document their medical expenses and other costs associated with their injuries, such as medication and rehabilitation fees, and lost wages due to time spent off work for recovery. In some states, it is possible to receive compensation for pain and suffering. Documenting all expenses will be helpful when it's time to make a claim for compensation.

In no-fault states, whiplash victims must first seek compensation from their own insurance carrier through a Personal Injury Protection (PIP) claim. Filing for compensation for whiplash under a PIP limits the amount a defendant can recover for the injury. Alternatively, a whiplash victim or his or her lawyer can file a claim against the responsible party's insurance carrier. The process is more complicated, but it doesn't have as many limitations on the amount of compensation the victim can recover. In cases wherein the victim's or the responsible party's insurance carrier refuses to pay out the claim, the whiplash victim could file a lawsuit.

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No-fault states do not give compensation for pain and suffering.

In states that have a fault-based system, a whiplash victim has the option to file a lawsuit directly against the responsible party. This increases the possibility of a greater amount of financial compensation.

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Whiplash and other types of soft tissue injuries are notoriously difficult to prove. A capable personal injury lawyer can help whiplash victims by asserting their claims for merit, guide them through confusing legal procedures, and negotiate a fair settlement on their behalf.

Follow this Ann S. Sheeley Twitter account for more discussions on whiplash settlements.

Personal Injury: To go for Mediation or Not?

Out of thousands of personal injury claims in the U.S., only four percent go to trial. Of this fraction, the odds of winning a lawsuit are relative to the nature of the personal injury. In tort trials, the Bureau of Justice Statistics of the U.S Department of Justice reveals that only 61 percent of claimants have won their cases in personal injury rooting from automobile accidents.

As an alternative to long and complex judicial processes, some victims opt to go for mediation, an informal process that allows both parties to resolve a dispute without involving the courts.

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During mediation, a mediator, a neutral third person, opens a dialogue between the disputants, until they reach a final agreement. This process provides many advantages as it is more private, less expensive, controllable, and faster, with some cases lasting only a matter of hours.

Mediation, however, has its disadvantages. While it can resolve disputes in a more expedient manner, it lacks the procedural and constitutional protection of the court. Hence, settlement agreements do not always guarantee fairness, especially for victims who are seeking higher compensation. There are also instances where disputants fail to settle an agreement, which, consequently, leads them back to court.

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The best way to decide whether or not to go for mediation is through a thorough understanding of the personal injury claim. For example, if both parties have already decided upon who was at fault for the accident, and said liable party is willing to immediately compensate for the damages, mediation can be the best option to save time, money, and effort.

Attorney Ann S. Sheeley has more than 25 years of experience in handling personal injury cases. For a free consultation, visit this website.

Car Accidents and the Law: Getting Compensation for Whiplash

Whiplash is a neck injury that results from an impact that causes the head to snack forward and backward, such as in rear-end car accidents. While whiplash is often humorously portrayed on the big screen, the symptoms of whiplash are not at all funny.

Symptoms of whiplash include pain and stiffness, headaches, and limited range of motion, and can range from mild to debilitating. After an accident, it's best to get medical attention right away, even if the pain doesn't seem to be severe. Symptoms can worsen in the hours or days after an accident. In addition, records of medical treatment are needed to prove whiplash.

Image source: drhoskins.com

It is also recommended to take photos of the accident scene, obtain police reports, and gather witness information to build a stronger case. Whiplash victims should also document their medical expenses and other costs associated with their injuries, such as medication and rehabilitation fees, and lost wages due to time spent off work for recovery. In some states, it is possible to receive compensation for pain and suffering. Documenting all expenses will be helpful when it's time to make a claim for compensation.

In no-fault states, whiplash victims must first seek compensation from their own insurance carrier through a Personal Injury Protection (PIP) claim. Filing for compensation for whiplash under a PIP limits the amount a defendant can recover for the injury. Alternatively, a whiplash victim or his or her lawyer can file a claim against the responsible party's insurance carrier. The process is more complicated, but it doesn't have as many limitations on the amount of compensation the victim can recover. In cases wherein the victim's or the responsible party's insurance carrier refuses to pay out the claim, the whiplash victim could file a lawsuit.

Image source: sandbox.spcollege.edu

No-fault states do not give compensation for pain and suffering.

In states that have a fault-based system, a whiplash victim has the option to file a lawsuit directly against the responsible party. This increases the possibility of a greater amount of financial compensation.

Whiplash and other types of soft tissue injuries are notoriously difficult to prove. A capable personal injury lawyer can help whiplash victims by asserting their claims for merit, guide them through confusing legal procedures, and negotiate a fair settlement on their behalf.

Follow this Ann S. Sheeley Twitter account for more discussions on whiplash settlements.

Medical Malpractice: The Two Grounds For Pursuing a Lawsuit

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Physicians are trained to be very cautious and meticulous with their responsibilities, especially that lives are what at stake. However, as with most professions, this field involves plenty of risks, and errors do happen. In the case of medical malpractice, doctors may be sued for causing harm or injury—even if unintentionally—to their patients. There are at least two situations when such lawsuits may be filed. These include:

Medical negligence

In the field of medicine, there are standard methods of diagnosing or treating diseases. This level of care, when not properly followed, could lead to worse conditions or even death. Every person has unique physical needs, which means that for each age bracket, gender, body mass, and other categories, adherence to a particular protocol is extremely necessary. Wrong diagnosis or treatment are usually the results of a violation of these protocols. A plaintiff can file a medical malpractice lawsuit if he or she suffers injury arising from such situations or has received the quality of treatment that is way below the set standards.

Injury or damage

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While it is sometimes inevitable for medical practitioners to make mistakes, a lawsuit may not succeed if there is no clear manifestation of harm or injury on the plaintiff that is related to his or her doctor’s treatment procedures. Brain damage after an operation, the amputation of the wrong limb, a medical condition or disease got worse after treatment, or even death are examples of injuries or damage.

Atty. Ann S. Sheeley has many decades of experience dealing with cases related to personal injury, including medical malpractice. To know more about how she and her firm can help you, visit this website.

Workers Compensation in Rhode Island: Recovering for PTSD and Other Mental Injuries

Workers compensation laws protect employees who are injured, disabled, or become ill while on the job. These laws apply even if an injury does not occur at the workplace, as long as the activity that a worker was doing was part of his or her job duties or in some way benefited the employer.

Workers compensation does not just cover physical injuries and ailments. Rhode Island workers compensation covers the costs of treating psychiatric injuries that do not result from physical injuries, such as post-traumatic stress disorder (PTSD). This type of injury is often referred to as “mental-mental” injuries because they do not occur as a result of a physical injury but are caused purely by a psychological occurrence or stimulus while on the job. For example, a factory worker who witnesses a colleague catching and losing a hand in machinery, becomes traumatized, and subsequently develops a fear of using said machinery has grounds for a mental-mental or psychiatric claim.

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 However, there is a caveat: In order for a worker to recover, Rhode Island labor laws require the mental injury to be caused by emotional stress resulting from “a situation of greater dimensions than the day-to-day emotional strain and tension which all employees encounter daily without serious mental injury.” Simply put, all occupations come with a certain amount of stress. A salesperson who develops stress and anxiety from dealing with rude customers is not eligible for workers compensation because the job is expected to be stressful and the ailment arose from normal, day-to-day work responsibilities. However, a salesperson who witnesses a horrific accident in the course of duties and becomes traumatized might be able to recover workers compensation benefits.

In addition, a worker who develops a psychiatric injury as a result of a physical injury that occurred while on the job will have both covered under Rhode Island workers compensation laws.

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 While workers who develop PTSD or other psychiatric injury are covered under Rhode Island labor laws, psychiatric injury claims are often very difficult to prove. Unlike in physical injuries, there are no physical signs or visible symptoms. To improve their chances at recovering workers compensation benefits for a workplace psychiatric injury, workers should consider getting assistance from a local lawyer with experience in handling similar cases.

For more discussions on workers compensation laws in Rhode Island, follow this Sheeley Law Twitter account.

Processing Liability Claims Against Dog Attacks

If an individual suffers losses or requires medical attention directly because of a vicious dog attack, a personal injury claim can be processed. A lot of people remain unaware that they have rights in the event of a dog attack and that they can receive financial compensation depending on the severity of the attack and the extent of damage that resulted (e.g. the inability to go to work and losing income). Personal injury cases require extensive documentation; so it is highly important that future plaintiffs follow these two rules:

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Identify the owner of the dog: If the owner was present during the incident, his or her contact information should be immediately obtained. This includes the full name, address, and phone number. If the dog appears part of a specific property, the owner of that property should be identified through various means. It is also important to get the contact details of the owner to determine if a rabies shot is necessary.

Identify witnesses: Unfortunately, the circumstances surrounding dog attacks are the easiest to manipulate and lie about. This is why many personal injury lawyers are incredibly diligent in double- and back-checking information provided to them. Witnesses help the case and add weight to the claims process.

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The hospital or medical facility attending to the victim should document the wounds and injuries sustained. Photos and documents strengthen the case – particularly if the individual was not able to go to work because of the injury.

Sheeley Law offers excellent legal counsel for personal injury claims. Follow this Google+ page for more information on the firm.

Identifying causation: How to prove wrongful death

Grief may cause a person to blame others for the death of a loved one. However, imputing blame isn’t always based on emotions. There are other valid bases, such as the possibility of a wrongful death. Wrongful death is a case where a person dies due to a third party’s negligence or misconduct.

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Laws governing wrongful death cases vary in every state. A wrongful death claim may be filed by a representative in behalf of the deceased. Among those who could file a claim are immediate family members, life partners, and financial dependents.

A wrongful death claim has to be corroborated by key elements of the case. One element considered is the duty of the defendant. Was the defendant responsible for protecting the victim from harm? Or was there due care expected from the defendant, a duty which he or she neglected, causing the death of the victim? The injury must be foreseeable through its causal connection to the act of duty or lack thereof.

As most claims arise from negligence cases, breach of duty is another aspect that investigators look into. The claim must have solid proof that the defendant abandoned his or her duty or failed to perform it in an adequate manner. In cases of medical malpractice, for instance, the death may have been caused by erroneous diagnosis from the beginning, or careless and insufficient care provided throughout the treatment process or the surgery.

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Satisfying the aforesaid conditions will enable the plaintiff to prove causation. The act (negligence) must be proven to be the promixate or real cause of the injury. Past records, medical history, and other evidence will be gathered in order to establish that the death would not have occurred if negligence or breach of duty is not present.

Ann S. Sheeley has over 25 years of experience in handling wrongful death lawsuits, and worker’s compensation claims. For more of her practices, visit this website.