Category: Personal Injury

Personal injury law firms and specifically mass tort departments increasingly find themselves working with virtual companies and/or adding a virtual component to their practice. This allows staff to focus on other aspects of their case load and other operational functions. Medical records are essential for personal injury cases, and a timely and smooth process is important to ensure proper discovery. Thus, outsourcing medical records management adds a professional process to personal injury law firms.

Outsourced Medical Records Management-How can a virtual team help?

Client Questionnaires – In most cases, the Discovery process starts with clients completing a client questionnaire. The tasks of contacting clients and completing the questionnaire via the telephone can be outsourced to a virtual team. This will include calling the client to uncover key medical elements such as doctor’s information including dates of visits, surgery dates, and/or relevant drug use. This will allow the legal assistants within the law firm time to focus on other tasks and will save the firm time and money in the early stages of the case.

Medical Records Retrieval – After the medical and provider information has been collected and a HIPAA Authorization Form has been obtained by the client, the medical records retrieval process can commence. This process includes the requestor submitting requests with the HIPAA form to Healthcare Organizations including Release of Information, Health Information Management, and Medical Records Departments. The method of retrieval will depend on the department or organizations’ processes and policies. In some cases, the request can be faxed and in other cases the requests must be sent with an original signature. Outsourcing the retrieval process can be a win for most law firms because the process can be time consuming and is an important part of winning cases.

Follow up calls to alleviate backlog – A big part of medical records retrieval and management is the outbound call process. Several follow up calls must be made. This is another key area in which outsourcing will help alleviate backlogs among the law firm’s legal and administrative staff. This process is twofold:

1. Making follow up calls to requestees to first ensure receipt of the request and to stay on top of the workflow and estimated time of arrival of the records. In some cases, this may mean 2-10 calls per month.

2. Secondly, the follow call ensures or uncovers any missing information or the need to resubmit records. In many cases, the health organizations and records departments subcontract the records process to a copying service and/or online health portal companies and calls must be made to these companies as well. This arduous task can easily be outsourced to assist the firm.

Eliminating Overwhelm – Working with a virtual support person or team can change morale for the better in law firms. If your legal assistant staff is overwhelmed, outsourcing some of their tasks can help alleviate their workload and cut down on staff overwhelm. This includes the medical records retrieval process in both whole or in part. In the end, this will assist with turnover and create a sustainable firm.

Adding a virtual component to your law firm’s strategy is a great way to position your firm for growth and an added competitive advantage. The conversation should start with your team. Talk to your case managers and legal assistants. Discuss the benefits of outsourcing the medical records process with them.

Legal concepts like “duty of care” or negligent supervision, and even immunity, are used by states to determine liability after a child has been seriously injured on a playground. Playgrounds come in all sorts of sizes and designs, all manufactured for different ages and level of activity. They can be on private grounds like a neighbor’s house, or on public property like a state park or beach. Most often, injuries that occur on playgrounds are caused by reckless behavior and misuse of the equipment, but other times, it can be from defective equipment, poor assembly, and more.

It is understandable that some parents might suspect that their child’s serious injury could have been caused by something or someone else. In this case, it is wise for families to learn their rights, as well as, the legal systems used to make these kinds of judgements and more. Continue reading to learn whether or not a person can sue if their child is seriously injured on a playground.

Playground Liabilities

Playgrounds on school properties, like daycares and grade schools, are under the responsibility of the school. For this reason, schools and children’s centers have a legal duty of care to protect kids from any foreseeable hazards on school property, including playgrounds. If a child is injured as a result of a hazard that should have been foreseeable and prevented, parents may have a valid personal injury claim against the school.

For example, let’s say a child swinging on a swing-set is injured because the top wooden plank holding the chains breaks off as a result of decay and rot. In this case, the school failed to meet their duty of care because they neglected to replace the rotting wood before an accident happened.

Schools have a responsibility of regularly inspecting their property and grounds for hazards and other structural issues. By not noticing the rotted wood, or by failing to resolve it in a timely fashion, the school carries the liability for the child’s injuries. A claim could very well be brought against them.

Aside from a school’s “duty of care”, there is another legal concept called negligent supervision that can also determine liability. Negligent supervision occurs when a person (i.e. teacher, daycare attendant, babysitter, etc.) is given the responsibility of supervising a child (or children) but neglects that responsibility, causing injury or trauma to the child that could have been prevented with proper supervision.

Schools are acting in place of parents, therefor, they have a responsibility to implement an effective system of supervision in order to protect minors from any foreseeable harm. So if a child is injured while under the care of school authorities, and the injury was caused by a lack of sufficient supervision, a family may have a valid personal injury claim against the school.

For example, playgrounds are generally monitored by teachers during recess. If there is an insufficient number of teachers for the number of children being monitored, this is a lack of supervision. Also, if said teachers are not paying attention or leave recess unattended for any number of minutes, and an accident happens that could have been avoided had an adult been watching, the school could be guilty of negligent supervision.

It is important to consult a licensed personal injury lawyer to learn your rights to compensation following a serious injury to yourself or your child.

There are many good reasons why you might consider delaying bringing a claim for compensation after you have been involved in a car accident.

It is likely that your initial thoughts are going to revolve around any injury to yourself and any others in the vehicle with you. You will be seeking medical attention, not solicitors. Then, once the shock has passed your focus is likely to shift onto your recovery. You may be trying to anticipate how this injury will impact your daily life and what you can do to manage this. It can be months or even years before your thoughts turn to any potential claim that you may have.

In other instances, I have met with clients who have considered bringing a claim and decided against it initially but later gone on to change their minds when it has become apparent that their injury is far more severe than they first believed it to be.

Overall there is a multitude of reasons why you wouldn’t bring a claim immediately after suffering a road traffic accident. But how long can you delay?

Under UK law you cannot delay indefinitely, there is a strict time limit as to how long you have to bring a claim. Under the Limitation Act, you only have three years before your claim must be issued at Court. That’s three years from the date of your accident to you physically lodging your claim form with the local Court.

This time limit exists to keep our legal system fair to both Claimants (people bringing claims) and Defendants (those defending claims). It would be unfair if a Defendant could be sued decades after causing an accident, there should be a time when you can draw a line under it and move on. But at the same time Claimant’s will need a certain amount of time to build their claim and get themselves in a position where they are well enough, both mentally and physically, to bring a claim. The UK legislators have declared through the Limitation Act that three years is fair to both Claimants and Defendants.

However, there are some exceptions, certain situations that can extend or reduce the limitation deadline.

If you were under 18 when you were involved in a road traffic accident, then you have until your 21st birthday to lodge your claim at Court. This is three years after your 18th birthday, as the limitation ticking clocks starts running when you turn 18. However, you do not have to wait until you are 18 to bring a claim if you are under 18 you can ask a litigation friend (usually a parent or legal guardian) to bring a claim for you on your behalf while you are underage.

If the person bringing the claim does not have mental capacity then there is no time limit for a claim to be brought. A litigation friend (usually a guardian or legal attorney) can bring a claim on their behalf as long as it is in their best interests to do so.

Beware, however, if you have been involved in a road traffic accident while abroad, other countries have different limitations. Although that being said, you may still be eligible to claim under UK law. You should discuss any potential claim with a solicitor as soon as you are able.

If you miss the limitation deadline for your claim, then you could lose your right to pursue it all together. However, if there is an excellent reason for you missing the deadline, then you can ask the Courts permission to pursue your claim, despite missing the deadline. You will have to explain in detail to the Court why you missed the deadline and you will need a perfect reason for doing so (such as being in a coma and unable to make a claim). Merely being unaware of the limitation deadline is not a good enough excuse.

The Court will then consider your reasons, as well as looking at what disadvantage you and the Defendant will suffer if they decide either way.

The Court can take into consideration, why you delayed or missed the deadline, what the delay will do to the evidence in the claim, will it damage it or reduce it? They will also review your conduct and the Defendant’s conduct. Did you struggle to identify the Defendant? Did they deliberately mislead or take steps to prevent you identifying them? Have you worked hard to advance your claim in other respects such as obtaining evidence medical or physical?

It is impossible to predict if the Court will grant you an extension of the limitation deadline. The best advice is not to miss the deadline in the first place.

In conclusion, if you have suffered a road traffic accident you have three years from the date of the accident to bring a claim unless you are under 18 or lack mental capacity.

However, if you plan on bringing a claim, you should not wait until the end of the deadline to do so. There is a lot of work involved in bringing a claim, and if you are using a solicitor, they will need time to build your case. If you are pursuing the claim yourself, the sooner you start, the better as you will be putting extra pressure on yourself if you delay. Once a claim is issued at Court, it becomes subject to strict Court deadlines so beware.

Motor vehicle accidents happen every day, and we all take the chance of being injured in one every time we get inside a car. Car accident injuries are generally covered by a person’s own insurance policy, but if they are injured by another driver, it is that driver’s insurance policy that covers a person’s damages. Most responsible drivers have insurance coverage that pays for any damages they might have caused in a motor vehicle accident.

But what happens if an at-fault driver does not have car insurance, liability insurance, or any other type of medical payments coverage? This can be troublesome since some car accident injuries can be life-changing and traumatic. Continue reading to learn more about uninsured motorist accidents and liability claims.

Uninsured Drivers

Unfortunately, there are irresponsible drivers out on the road that neglect their legal obligation to obtain and carry sufficient liability insurance for their vehicle. When these drivers are the ones that cause serious accidents, they have no other choice but to pay out-of-pocket for the other drivers’ medical expenses, hospital bills, vehicle repairs, and more. Not only would an at-fault driver be obligated to pay for the other drivers’ losses, they would be issues state fines and face possible misdemeanor charges for negligently causing an accident and not being insured.

It is possible for an uninsured driver to flee the scene of an accident because they are not operating a vehicle legally. When this happens, it is important to make a police report immediately so that law enforcement can track them down and hold them accountable for the damages they caused. They would also be charged with a crime since it is illegal to flee the scene of an accident. If they cannot be tracked down, the only way an injured driver can recover for their losses is if they have their own uninsured/underinsured motorist coverage. This kind of coverage pays for vehicle damages, medical expenses, hospital bills, and various other significant losses resulting from the accident.

If a person is injured in a car accident by a driver that does not have any insurance, and they themselves do not carry their own uninsured/underinsured motorist policy, they would have to take the at-fault party to court for recompense. If that person is nowhere to be found, or does not have any significant assets or wages to garnish, then the injured driver is left in the dust and must collect what they can from their own car insurance policy. This is why it is vital to hire a seasoned car accident lawyer if you are ever injured by an uninsured driver. They retain the proper resources and knowledge to organize your legal claim and negotiate your settlement with opposing insurance parties.

A slip and fall accident in the United States of America can turn into a personal injury case if in the situation, a hazard or danger of some sort was present on the property and was neglected by the property owner; and as a result, this hazard caused harm to another person by causing them to lose balance and hit the ground. This type of dangerous situation can result in serious injuries, and sometimes, not right away. After such an accident, many people get right back up and go on with their day, only to notice weeks later that they are having severe back pains or other injury related issues.

Tort Law

A slip and fall lawsuit is categorized under Tort Law, meaning the injury was caused by someone else’s negligence, or someone else is going to be held accountable for your injuries. If a property owner knows about a potential danger lurking on their premises, or a hazard of some sort, they are obligated by law to take responsibility for the danger immediately. If the hazard is never tended to, and it subsequently causes another person harm or loss, then the owner can face legal damages.

Losing balance and hitting the ground can cause a number of injuries to a person, ranging from minor to major. Some minor injuries include sprained ankles, broken toes, lesions and bruising, scrapes, burns, and scratches. Some major conditions are broken backs, hips, or necks, shattered pelvis, knocked unconscious, and worse. Things to look out for so that you may avoid this potential type of case are uneven and uneven floors, dimly lit areas, slick surfaces, and weather conditions. These can all contribute to an injury from tripping and falling to the ground.

Hire a Professional for Guidance

If you are ever involved, or have recently been involved in a slip and fall accident, it is recommended to hire a personal injury attorney to represent your rights. A victim can recover damages for lost wages, medical bills, legal fees, emotional distress, and more. The law is tricky and hard to understand unless you are trained in the industry.

An experienced personal injury attorney can help with any type of case in your city. To further understand your rights as a victim of injury, you want to consult with a knowledgeable attorney that can speak to you in a language you can understand. Don’t let a serious accident stop you from collecting what’s rightfully yours! Get compensation for pain, suffering, lost wages, and more with the help of a licensed professional.

Sexual harassment is a crime according to state and federal laws. The law basically defines sexual harassment as unsolicited and unwelcome sexual advances. It doesn’t have to involve physical touch or action to be categorized as harassment. This can occur at the workplace, hospital, school, gym, shopping center, and even at home. When it comes to sexual harassment cases, males and females, adults and children, employees and managers, groups and individuals, and anyone else can be guilty. Gender, age, and power can all differ from case to case.

Sexual harassment can come in many forms as well, including physical, verbal, emotional, and even visual. A licensed and experienced sexual harassment lawyer regularly handles multiple types of cases involving unwanted sexual conduct and abuse.

Examples of Such Cases Include:

Unwanted Sexual Solicitation

Violent Sexual or Physical Contact

Inappropriate Touching

Stalking

Sexual Pestering

Derogatory Comments or Jokes

Sexual Gestures

Verbal Sexual Abuse

Sexual or Obscene Letters, Emails, or Text Messages

Showing Sexually Suggestive Photos

Obsessive Staring

Verbal Sexual Propositions

Making Threats after Sexual Refusal

Offering Payment or Job Promotion for Sexual Favors

Harassment at Work

A person is being sexually harassed at work, it is standard for them to report the abuse to the company’s Human Resources Department. These types of departments typically have a system in which they investigate and manage harassment claims within the company. In the case that a company does not have such a department, it is common for employees to address the issue with their direct chain of command. In cases that the direct chain of command happens to be the abuser, a person should call an Indianapolis harassment lawyer instead. In other instances, managers and supervisors can be ineffective at putting a stop to sexual advances in the workplace. This is another time where a licensed lawyer would be advantageous.

Hire a Lawyer

If you are currently experiencing harassment, it is important to keep a detailed record of the events that take place so that you can build a stronger case against your abuser. Record dates, times, and descriptions of any inappropriate conversations, come-ons, solicitations, behavior, and more.

To learn more about the behaviors that establish sexual harassment, or the penalties of these behaviors, talk to a trusted and experienced lawyer right away. They have the knowledge and resources to help you gain a full understanding of your situation and your legal options.

A reputable sexual harassment lawyer cab help recover compensation for the following harassment damages:

• Pain and Suffering
• Mental Anguish
• Emotional Trauma
• Restraining Orders
• Post-Traumatic Stress
• Relocation
• Therapy

Being injured as a result of another person or entity’s negligence is a terrible situation for anyone. This is why personal injury law firms work fervently to recover compensation for their injured clients. After being hurt at the expense of someone or something else, it is important to take immediate action following your accident to secure your case.

Immediate medical attention and a police report are the first tasks to complete in order to protect yourself and set up for a strong personal injury case. Once you are medically cared for, and a police report has been filed, it is critical to hire an accident attorney in order to pursue remuneration from the opposing party.

The problem is, many accident victims believe they cannot afford a personal injury lawyer. Considering the piling medical bills and hospital costs, not to mention time of work and lost wages, it’s no wonder why people feel this way. Continue reading to learn just how easy it is to afford an accident attorney, even when post-accident costs are building up faster than you can blink an eye!

Paying Lawyer Fees

What many people do not know is that most personal injury law firms and attorneys do not collect legal fees unless they obtain compensation for their injury victims. This way, a client is not forced to pay large lump sums of cash, that they need for medical care and lost wages, in order to retain legal services. If the legal teams cannot recover compensation for their injured clients, then the clients owe nothing. Now this quid-pro-quo process doesn’t apply to everyone.

Firms that use this approach also provide free initial consultations to assess a person’s case and determine whether or not they have a valid claim. If the attorneys believe a person is a true victim of negligence and is entitled to legal compensation, they will agree to take on the case and manage the lawsuit. If they believe there is not enough evidence that supports a negligent accident or injury, they will pass on the case.

A person cannot admit fault of any kind during the police report, or to opposing counsels and parties. They must be injured or hurt as a direct result of another person or entity’s carelessness. This could be intentional or unintentional. Motor vehicle accidents, assault and battery, defamation, workplace injuries, and slip and fall accidents are a few of the most common negligent personal injury accidents in the country. So if someone is a true victim of a negligent accident or harm, they can easily retain legal counsel without paying any upfront lawyer fees.

The primary purpose of filing a personal injury claim is to pursue and recover financial compensation from an at-fault party for a victim’s damages. This is intended to put the victim back into the position they were in before the accident, or to make them whole once again. But we all know this isn’t always possible. Sometimes, damages are more than just financial and a victim can never be the same after a serious accident. This is why several types of damages exist in accident law, and are awarded in successful personal injury cases.

But many people are confused about what the term “damages” represents in personal injury law. Continue reading to learn what damages are in relation to accident lawsuits, and the difference between economic and non-economic damages.

What are Damages?

Damages that result from a personal injury caused by a negligent party are generally losses. These losses can be financial, emotional, physical, and mental. Depending on the types of losses experienced following a personal injury, one’s damages will be either economic, non-economic, or both. Here is a brief overview of the differences between the two categories of damages, and examples of each:

Economic Damages

Economic damages are for tangible financial losses. Losses that can be defined by an actual dollar amount and redeemed through financial compensation are considered economic damages. Economic damages include hospital bills (i.e. hospitalization, ambulance transport, anesthesia, emergency room services, surgeries, doctor care, x-rays, MRI’s, etc.), medical expenses (i.e. physical therapy, medical equipment, medication, etc.) lost wages from time off work, property damages, lost benefits from spouses death (i.e. insurance, veterans benefits, etc.), in-home nurse, and anything else that was a direct financial loss to the victim or their family.

Non-Economic Damages

Non-economic damages are more difficult to assign a dollar amount to because they are not direct and tangible monetary losses, like medical bills and lost wages. Instead, they are damages awarded for emotional or mental losses and tribulations. Examples of non-economic losses include pain and suffering, mental anguish or illness (i.e. depression, anxiety, etc.), loss of companionship (i.e., wrongful death, brain damage to loved one, paralysis of loved one that changes or prohibits the relationship, etc.), long-term medical care or medication dependencies, diminished quality of life, permanent disabilities, loss of ability to work, and more.

For very malicious or egregious acts, a judge or jury might also award punitive damages depending on the circumstances of a case. These are different from economic and non-economic damages because they are not intended to put a victim back into the same position they were in before an injury or accident. Although punitive damages are still paid to the plaintiff, they are meant to be more of a punishment for the at-fault party. They are intended to set a public example and double as a deterrent for the particular negligence involved in the case.

Trust a Seasoned Accident Attorney

Call a reputable personal injury law firm for information and advice about a recent serious accident or injury you or a loved one may have experienced. You may be entitled to compensation for your economic and non-economic losses.