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Tuesday, 14 May 2013

Too Witty for Comfort

What I learned the hard way last year was that you should not be too clever when dealing with whiplash injury claims. That is to say, even though the claiming process is based largely on logic and reasoning, you should not overextend rationalizations to their ultimate results. This is what I mean.

When my lawyer asked me, for example, why he should accept my whiplash injury claims over those of other claimants, I answered that if he did not, then he would have no income, and therefore he would then go hungry and probably die. I honestly believed that it was this kind of logic that lawyers wanted to hear. But apparently I was mistaken. The lawyer I was adverting to not only refused to take on my claims, he even gave me a long exposition on the use of politeness and decorum when transacting subjects of dignity and great import. I offered to retract what I said. I told him I did not mean it. But he wouldn’t talk to me anymore. That’s just sad because I would have added that he would probably die and be mourned in a grand funeral by his friends and family. I wonder how he would have reacted to that. Maybe he would not have gotten angry.

When I got to talk to the judge, for luckily I discovered a lawyer who did accept my claims, I also got into trouble. The judge asked me if I was demanding a claim for the first time. It made me feel horrible. I nearly thought he was acting condescendingly to me. But I simply figured that this question was probably the right way to introduce yourself in the world of law. Without hesitation then, I answered that it was. Not willing to be looked in a bad light, I returned the favor. I asked him whether this was the first time he would try a case too. But to my surprise, instead of answering a happy Yes or No, he held me in contempt and had it put on record that I was guilty of disrespecting his authority. It boggled my mind. Until now, I still don’t know why I was ejected from court that day. But I think I’ve figured out the answer. I should have asked him more respectfully, as in “How about you sir? Is this the first case you will try, your Honor?”

Wednesday, 8 May 2013

The Enormous Task of Medical Negligence Lawyer



Medical negligence lawyer plays a big role in processing claims for a malpractice in the United Kingdom. Clinical or medical negligence can be complicated and it requires an expert advice to attain the right level of award.

The appointed medical negligence lawyer works diligently from the initial interview to the entire process. He provides valuable legal advice, investigates on the issue, prepares the evidence, negotiates on behalf of the client and files the formal complaint in court. The assigned attorney informs the injured person about personal injury claims in the United Kingdom. He interprets the laws governing personal injury and explains the rules and regulations. The client is also informed of his rights and obligations. Proper investigation is necessary. The assigned attorney gracefully achieved this by pouring out sufficient time in coordinating with the concerned parties and doing both paperwork and legwork. Extensive research especially in complex issues is handled with high regard for confidentiality. Pieces of evidence are knit together like the medical report, police report, medical expenses, financial loss incurred and other pertinent documents. There are instances whereby the case is settled out of court. The lawyer accomplishes this by negotiating for the right amount of compensation.

Impressive Traits of a Solicitor

It is necessary to choose the right medical negligence lawyer or solicitor to take on the case. One needs to be knowledgeable, competent and resourceful.

A solicitor who is knowledgeable in handling the claim is reliable because the client trusts that he knows the ins and outs of this specalised area of law. One who has a broad knowledge in bringing a claim knows the best approach to apply in order to achieve the main goal of getting compensation for the injuries sustained from a malpractice. This trait is combined with a wide experience in the litigation process. A legal and medical background in the United Kingdom is advantageous. It is valuable especially in preparing the evidence that will show the type of injury or illness, the severity of the pain, treatment and the overall impact of the harm to the victim of negligence. The solicitor applies the appropriate method in order to gain full compensation for the negligent act committed by a healthcare provider or healthcare professional. He is resourceful in digging the correct information and goes the extra mile to assist the injured person. These are the impressive traits that are important in a legal counsel.

Amazing Role of Medical Negligence Solicitor



What are the duties and responsibilities of a medical negligence solicitor? A medical negligence solicitor carries Herculean tasks in bringing a successful claim for the victims of negligence.

The main role of a legal counsel is to act as a representative for the injured person. An attorney provides expert legal advice to clients by giving information on personal injury claims and explaining the process of filing a formal complaint in the United Kingdom. He supports the client by interpreting the rules and regulations governing the laws in personal injury. The client is also oriented on his legal rights and obligations. Presentation of evidence is essential in proving the validity of the claim. Pieces of evidence are gathered together to show the impact of the harm caused by the accident. This includes the medical report, loss of earnings, medical expenses, receipts, photographs and other pertinent documents. The counsel weaves the evidence one by one and presents it in court. There are instances in which some cases are settled-out-of court. It is one of the specialisation of the solicitor wherein he negotiates the right compensation deserved by the client. Choosing a competent legal counsel in handling the case is necessary.

Incredible Lawyer in the UK

What are the best qualities of a medical negligence solicitor or lawyer?

The best qualities of lawyer are characterized by intelligence, diligence, kindness and strong determination. It takes an intelligent person to win the case. One needs to be smart enough to know the right approach in handling the case. It is important to apply the right strategy in getting full compensation for the victim of negligence. With diligence and hardwork, a lawyer pulls every piece of information to come up with credible evidence. One needs to be resourceful so that the evidence will be presented correctly and accurately. It is admirable for a counsel to go an extra mile to help the client in achieving the right compensation. An extensive number of hours in conducting research are poured out just to obtain the correct information. The kindness of an attorney is displayed in the way he process the claim. This is seen in the way he communicates and arranges everything. This creates a good rapport with the client. He makes the situation lighter by his positive outlook in life. A strong determination drives him to fulfill his responsibility. Truly, it is such an incredible task. It’s simplifying what seems to be a complicated work.

Is it a Hospital Mistake?



Health News:

A young Briton died from measles in his home. It was reported that the hospital sent him home because the doctors thought that his condition is not so serious anymore. It is quite surprising to read news from a doctor who says they “thought” the patient’s condition is okay. What? Did I hear it right? “I thought” or “We thought” are strange words you hear from a physician. It is a profession that requires proper monitoring of patients. How come a doctor would assume that a person is doing well if proper examination and investigation are not properly conducted? It’s the hospital’s policy to discharge the patient properly. The hospital can be liable for his death even if he died at home. It is also considered as grounds for medical negligence if the results of the investigation on the cause of his death would prove that there is negligence on the part of the healthcare institution. The health and safety of patients should be the top most priority of the healthcare professionals. Compensation can be claimed if someone is injured or died in a healthcare facility due to medical negligence.

This news came out during the outbreak of measles in South Wales wherein a noticeable number of cases were reported in the area. Thousands of kids had MMR vaccinations to fight the spread of the disease.

Several cases of medical negligence claims arise from negligence caused by hospital errors, accident & emergency department and GP’s mistakes. A misdiagnosis, wrong treatment, lack of examination, administration of incorrect drug or even poor hygiene may injure an innocent victim. Someone who is sick gets even worse instead of getting better. This is unacceptable. Healthcare providers need to be extra careful in dealing with their patients.

The incident mentioned earlier is just a sample of a situation where an innocent person sufferers from a medical practitioner’s malpractice. There may be cases which are not reported in the news and those individuals just suffer in silence.  The public should know about it so that it will serve as a warning and it should be a lesson to those who are negligent.

Sunday, 5 May 2013

People Learn a Lot from Discussing Accident Claims with Friends

Accident claims are not exactly at the top of the list during people’s discussions. In fact, whenever people get together for a nice relaxing drink at the end of the day, the closest thing one gets to talking about accidents is how much work was done for the day.

But what is it that makes people avoid talking about claims anyway? Perhaps it is because there is so much negativity connected to it that people prefer to avoid it. Life, after all, is already filled with negative things, so having to talk about it during relaxation time is one of the reasons why many prefer to skip it.

Another possible reason why people avoid talking about it with friends is because there is not much information on the topic. And since most people prefer talking about something familiar, it tends to be passed over.

The only time people actually talk about any accident claim is when someone they know in injured. Whether it is at work or at play, it suddenly takes a centre stage and people can not seem to get enough of it.

After the floodgates are released, one of the first things that people learn during these friendly discussions is that there are several types of accident claims. The most basic ones include:

  • Accident at Work Claims
  • Car Accident Claims
  • Medical Negligence Claims
  • Trip and Slip Claims
  • Public Liability Claims

They also learn that everyone has a right to be safe, whether it is in a workplace or in a public place like a park or a non-private road. So owners and managers of places, such as a construction area, a company cafeteria, a garage, a hospital, a public road, and pub have the responsibility to ensure the relative safety of inside.

Finally, they discover that a person’s injuries can be shouldered by the one who caused the harm in the first place. Whether it is through negligence or by design, people have the right to secure damages that can be used to pay for any medical expenses needed to treat any injuries.

Accident claims are topics that people do not talk about often, especially with friends over a drink at the pub. But when they do, these same people learn a lot after just a few minutes of wading in to the topic.

Thursday, 2 May 2013

No Win No Fee and Your Lawyer


Idealism
If all kinds of No Win No Fee lawyers were equally sympathetic and just, then there would really be no need to discriminate among the many lawyers on the market today. Rather, any claimant would be represented well by his solicitor even without much prompting on his part, either financially or morally, for the simple reason that his lawyer would be motivated by the intrinsic goodness of pursuing justice alone. Moreover, there would also be no conflict between many lawyers in this case because no lawyer would accept a case once he sees that it does not really contain any merit or that the prospective client facing him was the guilty party all along. In short, the legal world would not be in as shaky as foundation as it is now and it would be removed of the many academic earthquakes that frequently shock its disputations.

But this is not the case. And so, as a claimant it is incumbent upon you to choose well who you will hire as your representative. It might not be a completely impertinent idea to suggest here that of all the lawyers you meet, you should avoid hiring those who you think are too idealistic and unable to get their hands dirty. The real world is far from ideal. To hire someone who can function only in an ideal world is to hire someone incapable of handling the real.

Competitiveness
For many people, hard work is an absolute virtue. This is true, according to them, most especially when doing something intrinsically arduous or boring, such as demanding No Win No Fee. In line with the way many athletic companies portray this virtue in their numerous advertising materials, they think that without practicing hard every day and without pushing our personal limits to its maximum on a consistent basis, we would never be able to attain whatever it is that we are interested in accomplishing. To a certain extent, this view is correct. For no one would deny that energy and activity are the keys to progress, whether personal or social. Nevertheless, hard work is not an absolute good. In many cases, it may cause untold evil.

To begin with, limits must be had in working hard because our wills are not as strong as our bodies. Consistently working hard can injure our mind and our body because we can only handle so much punishment before we give in to illness and trauma. Second, it is not at all advisable to work hard when, just in demanding compensation, you find yourself not yet completely healthy. Hard work when moderated is a boon, but when overdone becomes a suicidal vice.

Law School Woes


No, I do not regret my decision to enter law school. My desire remains as strong as it was when I decided to become a lawyer after seeing how my parents were punished by the claiming process when they filed whiplash injury claims in the past. It just so happens that there are cases when law school life just becomes too much of a burden and that whatever I do to de-stress my life, nothing seems to work.

They said that your life will change in many ways when you decide to study to become a future barrister. But I never expected that it would demand this much change. I broke up with my girlfriend, I am perpetually broke, I have lost any sense of circadian rhythm, and I am on the verge of falling asleep every time I sit on something solid. There are many instances when I’ve asked myself why I chose to enroll myself into this unforgiving world. But then, again, I think of my parents, their broken whiplash injury claims, and I carry on.

One thing which makes life in law school hard really is the reading requirements. Simply speaking, it’s too much! You can expect to fill at least one bookshelf with the cases, annotations, codicils, and sample exams alone. This does not include the supplementary readings your teachers will obligate you to read, such as essays and books. Some say that you do not really need to read everything but just extract the gist from these texts. But how is that possible without reading them closely and seriously? You cannot really trust abstracts and digests to be right for the simple reason that they are not exhaustive.

And even if they were, your professor will know whether you’ve read the text or not because he will ask you not just what the main gist is, but how the author came to support that main gist. Nor will your professors care about you. Our professors once made my class read a 250-page case about the religion clauses in some of our laws. We discussed it in just one day.