One of the health care costs that often get forgotten is medical malpractice, which according to a recent study costs the healthcare system and average of $55.6 billion every single year. The same study from Harvard showed that only a small portion of that goes to medical malpractice settlements, while the rest, approximately $45.6 billion covers the cost of defensive medical practices. When the numbers...
Posted by on Feb 9, 2016 in Share the road | Comments Off on Give yourself the best chance of winning a personal injury case
Receiving a personal injury in itself can be stressful enough. Filing a law suit after an accident can sometimes add to the stress. In this article we run through what you might expect and what you should do immediately after an accident to ensure you have the best possible case.
As soon as you have received all relevant medical assistance, it is important to write as much information down about your accident as possible. Ensure to write down everything that happened before the accident and how the accident has effected your life and your work.
Sometimes cases can go on for 6 to 10 months after your accident. Writing everything down will help to remind you of all the details and give you a much stronger case if it comes to it.
Here are some important things you should make notes of after your accident:-
Your accident – everything before, during and after including who you were with and how it happed
Your injuries – a detailed description of any personal injury you may have sustained from your accident. Make a note of any after affects you may have suffered such as loss of sleep, pain, discomfort or time off work as these may help you claim any further compensation you may be entitled to
Further losses – this may be in the form of economic, social, educational, work, vacations etc
Relevant conversations – make a note of any conversations regarding your injury or the accident. This includes conversations with witnesses, insurance people or medical professionals
Collect as much evidence as possible
Collecting and keeping as lots of evidence regarding your injury will give you the best possible personal injury case. Here are some important things you should try to carefully document:-
Photographs of the scene – try to take photos/ videos at different angles but preferably at the same time of day as your accident
Physical evidence – this could be a crooked paving slab or dent in a car. Try to preserve any evidence to show in court. If you are unable to preserve it take photos to show later as evidence
Get witnesses details – witnesses at the scene will provide valuable details which could provide information which you were not aware of. They will also be helpful to back up what your claiming and will strengthen your case even further. Be sure to get statements and contact details
Evidence of injury – report the injury immediately to your doctor and get copies of your medical records. Also take photographs of your personal injury to prove everything your saying is correct
You will need to notify the people who are responsible or who might be responsible for your accident. At this stage you do not need to give details of the accident or your personal injury but just when and where the accident took place.
Once you have decided who was at fault you will need to notify them with a letter. There may be more than one person involved so you will need to write to all of them. This letter should just be asking for a written response and should only contain basic information such as where the accident took place. Your initial notification letter should not describe whose fault the accident was or the extent of your personal injury.
You should ensure that you notify responsible parties of your accident as soon as possible. The earlier the better.
This is often called determining liability. This can be complex and depends on whether or not someone was careless. A basic rule for determining who is legally liable for an accident is if one person was less careless than another, they must pay for the damages.
Of course it isn’t always quite as simple as that. Read more about determining liability for car accidents here. A personal injury attorney could also help with determining who’s responsible.
Posted by on Feb 9, 2016 in Uncategorized | Comments Off on What to do if you’re knocked off your bike by a car
With more and more of us looking to get healthy, save money, conserve the environment and dodge the ever increasing traffic, there is now a record number of cyclists on the streets of New York. This consequently leads to higher levels of accidents involving cyclists.
As more people are getting knocked off their bikes by cars than ever before, it is important people know exactly what to do in an accident. Any type of accident is stressful. On a bicycle you are particularly vulnerable as well as sometimes hard to see. In this article we will discuss the first things to do should you be unlucky enough to end up in such a situation.
What to do at the scene
Call the police
Even if you don’t think you are seriously injured always call the police. Let them make the decision whether or not to come out to you at that time. Although you may feel fine many injuries don’t always develop until a day or two later. Sometimes adrenaline will cover up pain until you have walked away and calmed down.
It’s always better to have police at the scene they will make reports which could help you with an insurance claim. If they ask you if you were injured tell them you have been hit quite hard and need a medical exam, don’t ever just say you are ok.
Never say you are ok!
Even you don’t know whether or not you are ok. You could be concussed or as previously stated have sustained a personal injury which will develop later.
It might look shifty to the insurance company if you have already told the driver you are ok and later say you have been injured, even if it is totally legitimate. Instead be vague about how you are feeling and be insistent that you require a medical examination from a doctor.
Get as much information about the driver as possible
The other driver is a complete stranger from you. If the police do not turn up you need to get all of their details, but do not just take their word for it.
Make a note of his number plates and ask to see his driver’s license. These days most people have mobile phones with cameras on them. If you do have a camera phone on you use it to your advantage and take pictures of the drivers’ car, license plates and driving license.
You will also need the other drivers’ phone number. Get them to call you so you can verify their number.
Take photos of everything
If you have a camera phone on you, use it to your advantage. Take photos and videos of everything you can. Get pictures of the car that hit you, the plates of the car, the drivers’ license, the scene of the accident, your bike and any damage to the vehicle which hit you.
A picture paints a thousand words and will be good evidence should there be any disagreements further down the line.
Get the names and contact information of anyone who may have seen the accident. This will also be good evidence if the other driver decides he would like to lie about exactly what happened.
After you have left the scene
Go to the doctor
If you don’t go to the doctor and go around telling everyone that you’re fine, should injuries develop later it may look like you are faking it to the insurance company. Also like previously mentioned you could have received injuries you are unaware of ad injuries to the head can be very dangerous.
Don’t get your bike fixed
Even though you may want to, it’s better to preserve the evidence. You can have a mechanic look at it in order to assess the cost of the damage but leave it in exactly the state it was in after the accident. Wait to fix it until you have agreed a settlement with the insurance company.
Insurance companies are usually quicker to respond if you have received a personal injury even if it is a smaller one. Sometimes it has been known that insurance companies can even ignore claims which only involve property damage.
You should be aware that it is illegal to fake a personal injury in any way. This is known as insurance fraud. Do not play down a personal injury. Always let your doctor decide what injuries you have suffered.
Of course it would be much better if you avoid getting in an accidental together. The New York City Government has plenty of information regarding bicycle safety on their website including a handbook guide on how to make your cycling safer and easier.
As a car driver getting into an accident like this can be very upsetting and increase your insurance costs. Read here about New York State vehicle and traffic laws to keep you out of such a sticky situation.
Posted by on Feb 9, 2016 in Share the road | Comments Off on Everyone Needs To Share
“Share The Road” should no longer be a plea primarily aimed at the drivers of vehicles.
In a Facebook post on Thursday, New York State Sen. Dian Savino (D-Staten Island/Brooklyn) had plenty to say about cyclist who disregard traffic laws.
Labor activist Mike McGuire wrote on Facebook about a woman that was killed by a bicyclist on Thursday of last week at West Drive and 62nd street in Central Park.
Responding to the post, Savino remarked, “how about red light cameras in the bike lanes?”
She went on to comment on subsequent posts expressing her frustrations with rogue cyclists. She wrote that she often screams out of her car window, “Hey, find a F***ing bike lane and get in it.”
Sen. Savino insisted to the New York Daily News that her remarks were a joke. But, she was serious about her irritation with bicyclists that disobey traffic laws. She expressed that in her opinion greater enforcement is needed, and that all cyclist needed to start taking responsibility personally.
The Central Park accident occurred when the 31-year old cyclist plowed into the female pedestrian. No charges have been filed against the 31-year-old cyclist so far. He stayed at the scene, and the Manhattan District Attorney’s office has launched an investigation.
City officials are looking into new enforcement measures. The city’s transportation commissioner, Polly Trottenberg said earlier this week they will explore ways to stop future accidents like the one that claimed the life of the woman in Central Park.
The investigation of the accident in Central Park has not revealed how fast the cyclist was traveling, but Trottenberg said the bike speed limit could possibly be reduced from the current 25mph limit.
Cyclists throughout the five boroughs were issued 4,300 tickets compared to motorist’s 3,200, in the de Blasio administration’s “Operation Safe Cycle” last month. An initiative to go after cyclist who fail to obey traffic laws.
Approximately half the cyclists received violations for failure to stop at a red light.
According to the CDC, over 900 bicyclists were killed in the US in 2013. There were an estimated 494,000 emergency department visits due to bicycle-related injuries.
These statistics are shocking. The data collected by the CDC estimates that in 2010 alone there were approximately $10 billion in lifetime medical costs and productivity losses attributed to bicycle accidents.
Children between the ages of 5 and 14-years-old, adolescents, and young adults between the ages of 15 and 24-years-old, have the highest rates of bicycle related injuries. This accounts for nearly 52% of bicycle related injuries recorded by U.S. emergency rooms.
Males are much more likely to be killed or injured on a bike that females. But, adolescents and young adults between the ages of 15 and 29-years-old, and adults aged 45 years or older have the highest death rates caused by bicycle accidents.
The simple fact is, all accidents should be preventable if everyone on the road obeyed the traffic laws, remained focused on the road, and made safety a personal priority for themselves and for their fellow travelers.
In New York, personal injuries are steadily climbing. If you suffered a personal injury in New York or if a family member of yours was killed in a pedestrian accident caused by a negligent driver, it is important to seek legal counsel immediately. New York personal injury attorneys Pulvers Thompson can help you recover fair compensation for lost wages, medical cost related to your injury. It is the job of a New York personal injury attorney is to ensure your legal rights are protected and help you get compensation for long-term suffering or diminished quality of life.
Posted by on Feb 9, 2016 in Elevator accidents | Comments Off on Elevator accidents- The hidden dangers
Many people use elevators on a daily basis. They can be taken for granted sometimes. They can be out of commission for maintenance, or even cause a tragic accident. Elevator accidents still happen, and can result in a personal injury. Sometimes people get stuck in them, and there have been numerous stories in the media of such occurrences. In the city of New York, personal injuries can sometimes occur on elevators. People should always be especially careful when using elevators and realize they are machines and can sometimes have mishaps and malfunctions. New York car accident lawyer is everything you need in case elevator accident happen!
Maintenance and care are a big part of elevator mishaps. Check with the building’s owner to ask when elevators are inspected and checked if information isn’t properly posted. Notify the owner of any weird sounds or problems when using the elevator. After that, do not use the elevator until it’s fixed. You never know when tragedy could strike. In the city of New York, a personal injury can happen on an elevator. If the owner doesn’t fix the elevator, inform the authorities and do not use the elevator. It’s always best to air on the side of caution. Visit: car accident attorney nyc for more info!
In New York, personal injuries can happen on an elevator in a multitude of situations. Many lawyers aren’t ready to handle a major accident case due to an elevator accident. Fatalities can happen and someone deserves to pay. Many lawyers don’t have the knowledge and proven record. You need the reassurance of a name backed by 70 years of experience serving the greater New York area. Pulvers, Pulvers, Thompson and Friedman have the proven record to guarantee a successful result for you. Always stay safe and ready if a difficult situation strikes. Recommended Reading for everyone!
Posted by on Dec 22, 2015 in Health-care costs | Comments Off on The Shocking Cost of Medical Malpractice
One of the health care costs that often get forgotten is medical malpractice, which according to a recent study costs the healthcare system and average of $55.6 billion every single year. The same study from Harvard showed that only a small portion of that goes to medical malpractice settlements, while the rest, approximately $45.6 billion covers the cost of defensive medical practices. When the numbers are crunched, 2.4% of the health care costs are spent on medical malpractice issues.
Professor Michelle Mello said knowing the numbers is important. “We cannot debate the potential for medical liability reform to bring down health-care costs in any meaningful way without realistic cost estimates. Some of the numbers bandied about in policy discussion were quite imaginative and we wanted a more defensible estimate.”
When it comes to medical malpractice there aren’t any good or easy answers. On one hand, doctors could stop taking some of the preventative measures currently in place, which would reduce the cost of health care. However, if those preventative measures get discontinued, it’s reasonable to expect that there will be an increase in incidents and misdiagnosis, which in turn would mean more medical malpractice suits would be filed against the health care community. The average inpatient medical malpractice settlement is $363,000. When the patient was in an outpatient situation, the average settlement is $290,000.
One of the ways that medical malpractice could be better managed rests on the shoulders of New York attorneys. As New York medical malpractice lawyers quickly prosecute any wrongdoing, it can stop the same issues from recurring with future patients. This will not only prevent the courts from being bogged down by frivolous cases, but it also means the medical community won’t rush to pay settlements even when there isn’t any wrongdoing in an attempt to keep the situation out of the press.
In addition to making sure that the client has a genuine medical malpractice case, the New York medical malpractice lawyer also needs to be realistic when speaking to their client about what will happen and the type of settlement they can reasonable expect.
With the cost of healthcare continuing to put a strain on the U.S. budget and population, it’s reasonable to expect that changes will soon be made to the way that the medical malpractice cases get handled.
In some situations this could mean a decrease in the number of preventive measures the medical community takes, or the change could be stricter rules on how settlements are handled.
If you feel that you or a loved one has been the victim of medical malpractice, you should act quickly. The best way to handle the situation is seeking out the opinion of a reputable New York medical malpractice lawyer. Based on what they uncover, you can decide whether or not you should pursue a settlement. These attorneys know what it takes to get the settlement you deserve. Not only will you be compensated for losses, but you also could prevent the same tragedy from happening to other patients in the near future.
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