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Injured South Croydon Reveller Sues Lorry Driver After Collision

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A drunken reveller has sued a trucker for not realising that he was drunk, and driving into him. Carl Heaven is claiming an “unlimited” amount of money in damages from Brian Williams an employee at Essex-based Containerlift Services. The damages are in regard to the multiple broken bones that he suffered when the trucker hit him with the back of the 44 tonne lorry.

Mr Heaven, a 32-year old plumber from South Croydon claims that his painful injuries prevented him from returning to work for more than seven months. Mr Williams, the plumber’s legal team argued, should have realised that “given the time of night and their appearance”, the plumber and his friend “were likely to be drunk and likely to behave unpredictably”.

Mr. Heaven’s solicitors contend that he should have “stopped completely or reduced his speed to a point where he was almost stationary”, so he could observe the pair of revellers using his wing mirrors. The legal team also added that the trucker should have realised the probability that his rear wheels could have collided with Mr Heaven.

At the time of the accident, Mr. Heaven, a 32-year-old plumber and his friend were both drunk on the High Street in Abingdon, Oxon at about 2.45am on June 20, 2007.

An employee at Containerlift services, Mr. Williams was turning left from Bridge Street into the High Street when he saw Mr. Heaven and his friend “larking around” in the middle of the road, according to his police statement.

After “waving” at Mr. Williams, a resident of the Isle of Wight, the revellers moved on to the kerb on the left side of the road, as the trucker drove past them. Mr. Heaven then claims that the back wheels of the lorry caught him and dragged him “a significant distance” along the road, leaving him with injuries including a broken left arm in three places, a broken right arm and right leg.

Mr Heaven could win thousands of pounds in damages, having filed his personal injury claim on June 18 this year.

A hearing date has not yet been set for the case.

If you think you might be entitled to make an accident claim, go to Duncan Gibbins site for specialist advice on how to make a Personal injury claim.

The Anatomy Of Chiropractic Care In The Treatment Of Whiplash In A Car Accident

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Chiropractic care is a common treatment for whiplash. To understand how chiropractic works for this injury, it is important to understand whiplash. Pain in the neck, shoulders, head or the base of the skull that occurs after a motor vehicle accident is often referred to as whiplash. It’s a common term that most patients hear following an automobile accident. Most patients with whiplash recover in a few weeks or at most, a few short months. However, in a small percentage of 15 to 20% of people develop chronic pain that does not go away so easily. Whiplash is not a trivial problem, because once it has occurred; only 70% have recovered completely by one year and only eighty two percent have recovered completely by two years. In addition to neck pain, there are many symptoms associated with the whiplash syndrome that include sleep problems, ringing in the ears, poor concentration and memory, blurry vision, fatigue, and weakness.

The diagnosis can usually be made by injections, MRI, and X-rays. Treatment is usually successful, but may require physical therapy, injections, and occasionally surgery. The treatment for whiplash syndromes depends on the stage and degree of the problem and which structures have been injured. Treatment can vary from chiropractic care, physical therapy, orthopedic intervention and more. In addition to soft tissue injury, pain that persists after four to six months is usually due to injury to the facet joints, one or more discs, or both.

The most common cause of whiplash is a motor vehicle accident in which one vehicle is struck from behind by another. However, it can occur when a car stops abruptly after striking a pole, a wall, or another car, and can also occur after a side impact. The term whiplash is confusing to a lot of people. This is because it is both a mechanism of injury and the symptoms caused by a car accident. It is due to a traumatic event that causes the head to move suddenly in a whipping motion in one direction and then recoil in the other direction.

Because the trauma is usually sudden, occupants of the car are not prepared for the impact. Significant damage to ligaments, discs, and joints can occur even if the swings of extension and flexion are not excessive, but often the neck is forced to the extreme ends of normal range or beyond. The muscles are relaxed, which allows more forces on the discs, ligaments and joints. Perhaps the most important fact about whiplash is that significant pain and structural damage can occur even in low velocity crashes.

It is the patient with persistent ache without any other specific findings on examination or specialized tests that presents the most problems for the patient himself or herself, the doctors, and the legal system. In the first few weeks to months after motor vehicle collision, it is often impossible to determine the exact cause or causes of the ache. The symptoms and signs are not sufficiently specific. In almost every instance, the muscles and ligaments have been strained and may be inflamed, painful, and tender. However after about 3 months, primary muscle or other soft tissue injuries usually have healed entirely.

The most common causes of persistent pain in whiplash are the facet joints and the discs. There is a poor correlation between the radiographic appearance of the joints and whether they are painful. Some joints which look bad are painless while other joints that look normal can be proven to be a source of pain. Only facet injections can determine whether the joint is painful. In a research study by Drs. Bogduk and Aprill, in 23% of patients, facet joints alone were the cause of pain, in 20% of patients the discs alone were the cause of pain, and in 41% of patients both the facet joints and discs were contributing. They were not able to identify the source of the pain in only 17% of their patients.

Many whiplash patients have symptoms which seem unexplainable, such as headaches, pain in the shoulders, between the shoulder blades, or in one or both arms. These symptoms can significantly impact activities of daily living. There may be fatigue, dizziness, problems with vision, ringing in the ears, heaviness in the arms, and low back pain. There can be poor concentration or memory, change in emotions with irritability, depression or short temper, and sleep disturbance. Dizziness occurs in one-quarter to one-half of people with whiplash injury. Again, researchers are not sure of the cause. The most likely explanation is an injury to the part of the inner ear that regulates balance. Problems with memory and concentration can be due to the pain itself, depression, medications, or trauma to the brain. Visual disturbances occur in 10 to 30% of whiplash patients and blurred vision is the most common.

Fortunately, most people who suffer cervical spine ache after an acceleration deceleration injury will recover by six months. However, a small percentage of people continue to have ache. Most patients destined to recover completely will have done so by three to four months, after which the rate of recovery slows markedly. By two years, essentially all patients have reached their individual maximum improvement. About 18% continued to have significant ache two years after the collision! Patients who did not get well tended to be older, had ache which began sooner after the collision, and/or had their head rotated to either side at the time of impact. They also found that patients who, before the collision, had a history of cervical spine ache; arthritis of the cervical spine, or headaches did not do as well.

Common sense would tell us the greater the pain and impairment, the larger the legal settlement or award might be. Rarely, patients may exaggerate their symptoms or be faking. However, a bigger question is whether the potential for money from a legal settlement can unconsciously prolong or worsen the pain. This is called “secondary gain” and it is unconscious, not fraudulent. The science shows that personal injury litigation does not adversely affect outcome. In 1983, Drs. Norris and Watt reviewed 61 patients who were treated for whiplash injuries, 41 of whom had personal injury lawsuits. They found no change in symptoms after claims were settled. About ten years later, long after litigation had settled, only 12% had completely recovered, and 48% had pain which interfered with normal daily life. In another study from 1993, Drs. Parinar and Raymakers re-evaluated patients they had seen previously for legal opinions, not for treatment, 8 years after the initial consultation. They concluded that lawsuits did not influence the timing or degree of recovery.

Several years ago a group of patients were analyzed. They were referred for therapy by their attorneys because they were not getting better. The patients were treated with strengthening exercises, body mechanics training, medications, spinal injections and occasionally psychotherapy. No patient in this study needed surgery. Most of the patients did well with significant improvements in ache and function. Although most patients still had mild ache at the end of therapy, it was not enough to interfere with their daily lives. These very favorable results occurred although none of the lawsuits had been settled.

Learn more about whiplash. Stop by the injury site where you can find out all about chiropractic and what it can do for you.

The Need For Psychological Rehabilitation Following A Road Traffic Accident

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This article focuses on research conducted by Dr. Manda Holmshaw PhD, consultant clinical psychologist and Clinical Director of Moving Minds, and Wilson Carswell OBE FRCS, Medical Director of Moving Minds. The article delves into the need for psychological rehabilitation in combination with physiological rehabilitation for individuals involved in a road traffic accident.

The rehabilitation of those injured in a road traffic accident has been acknowledged as being important in assisting the victim to recover faster from their injuries and resume their routine work and social activities. However, the fact that psychological rehabilitation is as important as physiological, especially with regard to cases where trauma causes prolonged illness or problems has not always been acknowledged.

In the moment when an individual is involved in a Road Traffic Accident (RTA), they normally experience severe panic, believing that they are going to suffer serious injuries or even succumb to them and die. The defence mechanisms in the brain operate for the removal of these memories from the front of the mind, thereby enabling the victim to deal with such trauma shortly after they are formed. However, this process is interrupted in some cases of trauma and the person may begin to suffer long term psychological problems as a result of the accident. These conditions include Post Traumatic Stress Disorder (PSTD) and Travel Anxiety which may hinder the resumption of an active and happy life for the victim.

A study conducted by Professor Mayou in Oxford focused on 1000 consecutive RTA victims upon arrival at Accident and Emergency. The patients underwent a series of standard psychological tests to determine whether they experienced any psychological problems after the accident. A follow up of these tests was conducted over the subsequent three years. One in every three tested subjects showed to have experienced psychological disorder, while the majority were not severely injured as to require admission at a hospital. This figure gradually reduced over the period of the study to one in four victims being psychologically affected 3 years after the accident.

When it is taken into account that the majority of the test group were not even admitted to hospital, this is a significant problem as years after the occurrence of the RTA, 25% of them suffered from conditions such as depression and PTSD.

Evaluation

Psychologists have spent some years looking at varying kinds of psychological illness. From there tests have been developed to look at symptoms to determine into which problem a patient may be suffering from. Tools used by psychologists to support their diagnosis and have been widely validated are the following:CAPS is ‘the Clinician Administered PTSD Scale’ which asses the severity of already established PTSD in a patient. Here PTSD can be established as mild, moderate, severe or extreme and the correct degree of treatment can be administered.The IES (Impact of Event Scale) estimates how the traumatic event has affected the patient. The test looks at the symptoms of intrusion and avoidance and measures these but is not a formal measure of the PTSD itself. A score of 26 or more indicates significant emotional distress. HADS stands for the Hospital Anxiety and Depression Scale and looks at whether the patient suffers from either condition and rates the severity as mild, moderate, severe or extreme. The General Health Questionnaire GHQ. The four sections sub categorised in this test measure the symptoms of anxiety, insomnia, social dysfunction and severe depression. Finally the Beck Depression Inventory (BDI) and the Beck Anxiety Inventory (BAI) are used as a screening test for these conditions.

Psychological Assessment

Psychological assessment is vital in the management of an RTA victim who has experienced this sort of trauma and possibly been injured. This should be conducted by a Clinical Psychologist or Psychiatrist either in their consulting office or at the home of the victim.

A psychological assessment usually costs between 300 and 500 and lasts for around an hour and a half. During this time a test will determine the health of the person prior to their accident and the details of the accident will be noted. The Psychologist will then use the tools mentioned to diagnose any conditions present and then prescribe the correct course of treatment. Many Psychologists reports use the Rehabilitation First Code of Practice which means the form of reporting is independent and can be used in a claim for compensation if necessary.

Treatment

Medication is sometimes used and is especially helpful to those with depression; however RTA victims who often have PTSD or Travel Anxiety will find no benefit from medication as drugs do not assist the brain to integrate their difficult experience.

Medication plays a role and is especially helpful to those suffering from depression. However RTA victims, often PTSD or Travel Anxiety sufferers won’t find that drugs are helpful to the brain to integrate their bad experience.

Counselling also has proved unbeneficial to PTSD sufferers whose problems stem from one event like an RTA.

The best form of treatment for RTA victims suffering from PTSD or Travel Anxiety has proven to be CBT, EMDR or Exposure Therapy. Although Exposure Therapy is used less often now due to the fact it involves the patient facing their experience head on and is often difficult. Cognitive Behavioural Therapy which teaches the person how thoughts and actions can be challenged and changed to make way for a more positive healthy outlook.

Seeking Help

If you have been in a road traffic accident and are concerned that you may be suffering psychological problems due to the accident, you should consult your GP who will be able to make the suitable referrals for you to receive any treatment you may need.

Depending on the circumstances of your accident you might be entitled to make a Personal Injury Claim. You should look for solicitors who specialise in personal injury and offer a no win, no fee service to take your case such as Duncan Gibbins Solicitors based in Manchester.

Want to find out more about how you may be able to claim compensation if you’ve been involved in a RTA, then visit Duncan Gibbins Solicitors who specialize in personal injury cases.

Finding the best Personal Injury Lawyer

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When choosing a personal injury lawyer, do not select the attorney with the most impressive advertisement on the radio, television, newspaper or Yellow Pages. These attorneys may not be the best-suited to handle your specific claim the best way possible. Instead, you should carefully look at several personal injury attorneys before choosing one to represent you. It may be a good idea to ask for any referrals from people you know who have had similar claims to yours. These are important things you should consider when researching personal injury lawyers:

1. Do the attorneys have the knowledge representing the claim that you have? Personal injury lawyers specializing on specific types of legal claims and may be good attorneys for cases within that area of usual procedure, but may not be expressly proper for working on other types of claims. For example, a personal injury lawyer who has handled a large number of car accident cases successfully may not be best suited to handle your medical malpractice claim. Different laws govern different types of offense and you need to choose an attorney who is not only accustomed with the laws that will help you receive financial restitution for your damages, but an attorney who is an expert at defending your particular personal injury case.

2. How successful has the attorney been at recovering financial damages for their clients? You want to hire a personal injury lawyer with a proven track record for helping their clients receive the financial compensation they are entitled to. Some important things you will want to consider when determining the attorney’s success rate are how many cases the lawyer has brought to trial (and the winning rate of those trials) and how many cases the attorney has settled out of court. Even if you are planning on settling out of court, you want an attorney with good courtroom knowledge in the event that a trial is the only way to receive financial compensation for your damages.

3. Does the personal injury attorney is part of any professional organizations like their state’s Trial Lawyers Association and/or the American Association for Justice? Being part of professional organizations like their state’s Trial Lawyers Association and/or the American Association for Justice may be indicative of a commitment to accomplishing fair and effective justice.

4. What kind of fee does the personal injury lawyer charge for your claim? Many personal injury attorneys will work on a contingent fee basis. They do not get any compensation for their services unless they recover money for you in settlement or court proceedings. The amount of money a personal injury lawyer receives when working on contingency is a percentage of the amount he or she recovers for you. It is essential to ask how much of your recovery the attorney will take and receive the terms of your fee arrangement in writing.

Finally, be sure to ask how many years of experience the attorney has, where they went to law school and if they have any additional training or experience in your type of claim. The more information you receive about your potential personal injury lawyer, the more likely you will be able to choose someone who can help you recover the money you are entitled to.

Not only do you want to hire an personal injury attorney with a proven track record with cases like yours, but you will want to consider the attorney’s personality and legal philosophy as well. Over the course of your case, you will be spending a lot of time with your attorney and placing a lot of trust in their character and ability. Therefore, it is important that you are comfortable with your attorney’s personality and philosophy.

It is essential that you take into account all of the information you got about potential personal injury law firms so you can hire the one who not only has the most experience handling your type of claim, but the one who will defend you to help you receive fair restitution for your injury. Not all attorneys will be able to help you recover the maximum amount of money you get compensated for your damages; therefore, it is important to take the time to research several personal injury law firms and hire the one with the best knowledge.

If you have a personal injury or a wrongful death case, contact the Personal Injury Attorneys at Shaked Law Firm immediately to schedule an appointment for a free initial consultation. Click here to submit the case evaluation form. There are time limits that require that you act promptly to protect your legal rights!

Personal Injury Attorney Case Types

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Personal injuries come in all shapes and forms. Some of the different injuries come on quickly such as being a victim of a slip and fall accident or being in a car crash. Another kind of personal injury is the chronic and long term. This type of injury is usually seen in negligence and exposure to asbestos.

First let us talk a little about the fast and acute aspects of certain types of personal injuries. The car accident is one of the most widely known forms of personal injury that there is. The reason that this is, is that almost every country in the world has cars and where there are cars there are accidents, and where there are accidents there are people with medical bills, auto shop bills, time away from work, and pain and suffering that need to be covered and this is where the personal injury attorney steps in and files a claim. Some of the main causes of personal injury in a car wreck are whiplash, broken bones, concussions, sprains, gouges, and comas.

Another fast and acute personal injury comes in the form of the “slip and fall”. This injury can happen very easily if there is a slippery surface on the ground such as oil, or a spill on a tile floor. All that it takes to slip is just one tiny miss step. Which is precisely why companies will usually are very strict about clean ups and spills. They know that one spill could hypothetically cost them millions. This is also why companies are usually ready and willing to settle outside of court as long as you have your personal injury attorney present.

Negligence is at the other side of the personal injury spectrum in that negligence is a chronic and reoccurring thing. Negligence is described as careless, without appropriate or sufficient attention. This is often the case in nursing homes and day cares. Probably the reason that this happens is because the people who are hired to deal with the elderly and the young are often times under trained and under paid which results in anger and frustration, which leads to negligence.

Another type of chronic personal injury comes in the form of mesothelioma. This disease or cancer is almost always caused by long-term exposure to asbestos. If you or someone that you know has this illness and it is believed to have come from a workplace of facility then it would be advised to seek the professional help of a mesothelioma lawyer.

These are just a couple of types of cases that would more than likely be taken personal injury attorney. Others include prescription errors that lead to illness or death, faulty products that cause harm and wrongful death just to name a couple

If you are looking for more information check outExperienced Personal Injury Attorney and also GA Personal Injury Lawyer Attorney

Why A Lawyer is Needed After a Motor Vehicle Accident

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A motor vehicle accident can be a terrifying experience. However, the problems rarely stop after the accident when a personal injury is suffered. Individuals are faced with not only a wrecked vehicle, but medical bills and loss of income. The best decision that anyone can make when this happens is to get the help of an attorney.

Accidents are an unfortunate fact of life. Many times it is not even the fault of the person that caused the accident, but someone has to be held responsible for what happened. If you were not at fault, the person that was the cause of the accident will have to make amends financially to everyone else in the accident. At times, there is no other recourse but to pursue legal proceedings.

An attorney will help cut through all of the legal issues. Because these types of cases are so involved, it would be a foolish move to try and rectify it on your own. There are so many laws in affect that a lay person would have a hard time getting their hands around all of the facts and trying to present a case all by themselves.

There may also be circumstances that must be addressed. In addition to the vehicle, there may be significant medical bills that were accumulated during the recovery process. Again, the person who is at fault will ultimately be responsible for these costs. Even if you have insurance to cover a motor vehicle injury, there may be things that are not covered or that your insurance company does not want to cover because someone else was the cause of these problems.

Last, but certainly not least, is the loss of income. When people are bad accidents, there is usually a loss of income that is a direct result. Because the accident was responsible for this, that income should be able to be recovered with a legal filing. This is again why an attorney is so important as they are going to know exactly how to include all of these items in the lawsuit.

Many times, cases such as these end up being settled out of court. This is often the best solution for all parties involved as it ends the case much quicker and can usually safe the person who is at fault some money. This is usually good for the secondary party as well as the fees that the attorney gets will often be lower if they can settle the case without actually going to court.

If you don’t already have an attorney, the best way to find one would be by doing a quick Internet search to find out who is in your area. It is always best to use someone that specializes in personal injury as they will be more familiar with how things work locally and can possibly expedite the proceedings.

Nobody ever wants to think about getting into a motor vehicle accident, but when they happen, you need to know how to handle the situation. After the dust settles, someone is going to be held responsible and you can rest assured that they will have legal representation. It may be an ugly part of life, but it is also a reality and a personal injury attorney can make the whole process much easier to deal with.

After a car accident, drivers should consult with their lawyers to determine the possibility of a personal injury claim. They may also be interested in learning more about accident benefits after a motor vehicle injury.