Whiplash is by far the single most common low value claim that arises from road traffic accidents. It is a soft tissue injury; symptoms are not always immediately felt, and may have an onset up to two or three days after the collision.
The most commonly associated symptom is stiffness in the neck, although pain may be felt across the back and shoulders. Because whiplash may be felt only two or three days after the accident, it is important to resist giving a statement to the insurance companies straight away, and instead seek legal advice. Giving an immediate, possibly inaccurate statement may be used in mitigation by the defendant.
Whiplash injuries are normally incurred as a result of a vehicle accident, rear end collisions being especially notorious for causing the injury. A big reason behind the injury is that the collision is most often unexpected, with the other car suddenly hitting the rear of a vehicle, with the victim unable to have any chance of bracing. Even seemingly minor accidents can cause whiplash injuries according to recent research.
Whiplash is hard to objectively prove or disprove, and is therefore one of the most commonly used injuries in fraudulent claims, especially those which arise from low impact collisions with little or no vehicle damage. As a result, in the UK, defendants in such claims have been known to argue that a claim is fraudulent, using biomechanical engineers as convincing expert witnesses.
Guidance in the UK was given in the case of Armstrong v First York LTD, which stated that judges are not bound to prefer expert testimony over an apparently truthful claimant. As the United States is a common law jurisdiction, the case may be used persuasively in court, although it is not binding.
In New South Wales judges seem to agree that an average whiplash injury settlement ought to be in the same range as an average whiplash injury jury verdict which is commonly just a little under $10,000.
Should you become involved in an accident, the New South Wales Transport Authority requires that “The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident”. Failure to abide by this rule could see you face a jail term of up to one year, or a fine between one thousand and ten thousand dollars. If the injury caused is serious, permanent or deadly, you can face a prison term of up to four years. It is acceptable, if only damage to property has occurred, for you to stop the car in a suitable, safe location as close to the site of the accident as possible.
Most whiplash injury cases are settled out of court, however if it does go to court, punitive damages may be awarded in order to punish the at fault driver for his or her behavior. For assistance with obtaining a settlement for a whiplash injury, speak with a Sydney motor vehicle accident lawyer who will be able to maximize your potential compensation.
If you have been charged with a crime, you are going to put a lot of thought into the lawyer that you hire. The attorney that you select will have a major impact on the outcome of the case, and on your own personal future.
A lot of people don’t know how they should be evaluating Anchorage criminal attorneys. If you have never had to hire an attorney before, you might not know what you should be looking for.
With that said, it shouldn’t be too hard for you to find an attorney that is right for the job. Take all of these things into consideration when you meet with an Anchorage criminal defense attorney.
Do They Have Experience?
A lot of films focus around a hot-shot lawyer taking on their first big case. While this kind of story is great for movies, it doesn’t always work that way in real life.
If you are going to be hiring a lawyer, you need to make sure that they are experienced. They should have handled plenty of criminal cases in the past. They should also have experience with the courts in Anchorage.
What Have They Accomplished In The Past?
Attorneys will only be able to tell you so much about their past cases and clients. With that said, you should try to see what they have managed to accomplish in the past.
Are they able to negotiate plea deals that are favorable to their clients? Have they successfully gotten their clients cleared of the charges that they are facing?
If a lawyer has done a lot of great work in the past, then they should also be able to do great work on your behalf.
What Are Their Rates Like?
The average person has to take price into consideration when they are evaluating attorneys. After all, no one wants to hire someone that they can’t afford.
With that said, you shouldn’t be afraid to hire a lawyer that’s a little more expensive. Remember, this is your future at stake. If you have to spend more to get through this, then that is what you are going to have to do.
It takes a lot of time to find the right attorneys for a case. You should spend plenty of time evaluating Anchorage criminal attorneys before you make your final decision. When you hire your lawyer, you should feel confident about the choice you have made.[Top]
In the United States, there are several different tiers of court. The state court handles a lot of disputes, particularly ones that relate to that specific state, rather than to the federal government. This means that state courts have a lot of work to do – most criminal and civil cases will be dealt with by them. Meanwhile, federal courts handle a narrower subset of courses.
In a state court, there is a trial court process to follow. The criminal case is filed, and if the case makes it to a trial then there is a hearing. Not all cases make it to a trial – usually there is a pre-trial, and in 90 percent of cases, there is a default judgement and that ends the case. In criminal cases, there are often plea bargains made before the case makes it to the trial.
State trials are held in a court that is located in the county street. If someone is unhappy with the decision that is made in one of the lower states, then they will have the option of appealing to an intermediate court, and then to the highest court in the state, which is named, in most cases, the State Supreme Court, and it will be located in the State Capital. There are higher courts, but it will take a long legal process to reach that.
The severity of the case is something that affects which court it is tried in. Minor offences are tried in inferior jurisdictions, while cases relating to rape, murder, or civil cases that involve large sums of money are handled at a higher jurisdiction.
In European courts, there is usually a separate court for serious crimes, but in the USA things are simply divided, in most cases, by the jurisdiction.[Top]
The announcement of Claim is drafted by the Claimant or the attorney. The letter of claim must be in composing and in the Arabic dialect. The report of the case ought to incorporate the names of the gatherings, the area, and locations of the conferences alongside their telephone numbers, the legitimate reason for the situation and the demand and request of the petitioner. The announcement of claim is a rundown of the actualities and leads the path assist into the process.
Presenting the Claim
The announcement of Claim is submitted to the Family Court using an online framework. After the case is gotten by the Case Management Department at the Family Court, the case is contemplated. Taking after this, the court may approach the petitioner for further illumination of the submitted guarantee which may incorporate elucidation of the certainties, or the contact points of interest of the gatherings, or some other data the Court believes is important for the case to continue to the next stride in the Family Court process.
The notice process is, maybe the most difficult part of the procedures for the Inquirer. The warning process is extensive and tedious and can take up 30% to 40% of the season of the whole case. This time can be anyplace up to 4 months.
Upon the documenting of the case, the Notifier (Clerk of the Court) should issue a summons for the administration of the Court procedures upon every Respondent recorded.
The Court should mark the summons and it must contain the name and address of the Court and the names and addresses of the considerable number of gatherings. It must be coordinated to the Respondent(s) and incorporates the date on which the Respondent is approached to show up at Court for the underlying hearing.
In conditions where the Notifier was not able pull out to the Respondent, the Judge will suspend the hearing and make a request to take after the Guidance technique. This process empowers the Claimant or his delegate to go with an assistant to the Respondent’s home to endeavor to serve him. On the off chance that this process still does not bring about the Respondent being served, the Judge will arrange an “Examination” to occur.
At this stage, there are two likely situations:
If the Government powers report back expressing that they don’t have any data about the Respondent, the matter might continue to the Publication Stage (see underneath). It is uncommon that the Governmental powers can’t give data on a person.
It is commanded by Law, that amid the course of the procedures, the court must offer the Parties an agreeable settlement to the debate at any rate once. The court has wide prudence regarding when it think it fitting to do as such. Nonetheless, it is an obligatory stride by the tribunal. This offer of a friendly settlement can be offered by the court both at the First Instance organize and also the Appeals arrange.[Top]
Keeping a symptoms diary is a great way to increase the value of your personal injury case, regardless of how you were injured.
What is a Symptoms Diary?
A symptoms diary is a written record of the symptoms you have experienced as a result of the injuries you have sustained in an accident. It can be recorded daily in a traditional diary, blog, spreadsheet, notebook, or calendar.
Why Keep a Symptoms Diary?
To be fully compensated for the injuries, you must first prove the nature and extent of your injuries and show the impact they’ve had on your life. Your economic damages can be calculated using your medical bills and pay stubs. A symptoms diary will help you detail non-economic damages such pain and suffering, loss of enjoyment of life and other losses that are not easy to quantify.
The better you are at describing your symptoms to the claims adjuster, the opposing counsel or jury, the more successful you will be in obtaining fair compensation for your damages.
A personal injury claim can take months or even years to settle, especially if you need to go to court. Having a written history of the impact your injuries had on your day-to-day life will keep the details fresh and strengthen your case.
What Details Should a Symptoms Diary Include?
You don’t have to use any specific words are phrases when making entries into your symptoms diary. However, there a few guidelines you will want to follow:
1. Be truthful––give an honest assessment of your symptoms, whether you are having a good or a bad day.
2. Be specific––be as detailed as possible when describing your symptoms. The more detailed your description, the more persuasive it will be. For example, don’t simply write “I had a headache”, rather, give a description of the pain you felt and how it affected your day.
3. Ask yourself the following questions:
● How intense is my pain on a scale of 1-10?
● Where is my pain located?
● Was it better or worse as the day went along?
● How did I feel when I got out of bed?
● Did I have difficulty getting up, getting dressed or bathing myself?
● Did my injury keep me in bed? How active was I throughout the day?
● Was I able to go to work? Clean the house? Care for my children? Shop for the household? Cook?
● Do I have trouble falling asleep at night?
● Was I able to sleep through the night?
Contact an Experienced Personal injury attorney
If you have been injured by the negligence of another, you may have grounds to seek compensation for whatever injuries and losses you have suffered as a result. Consult with an experienced personal injury attorney to review your case and discuss the circumstance. Show your attorney your symptoms diary or ask him for assistance in getting started with one.[Top]