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With road traffic accident claims there is always a dispute about who is to blame. To ensure that you win your road traffic accident claim it is very important you can prove that the accident was not your own fault. This can only be calculated on how much evidence the claiming party is able to present. As soon as the accident happens you need to write down the names, addresses of all parties evolved and witnesses. As soon as you can you should write down the description of the accident with a diagram and keep this safe. You will be asked to produce this when you put in a compensation claim for the accident. Trying to remember finer details weeks after the event will be tricky, so you should take notes as soon as possible while the details are fresh in your mind.

Some accident claim cases can be resolved though mediation without the need to go to court, this is true of a case where a lot of evidence is strong enough and the party believes they stand no chance. Only 10% of cases go to court which is why you can use a solicitor from anywhere in the country to work for you. Some cases where the accident is very serious a claim for compensation is far better served going to courts as the award may be larger and you will stand a more of a chance of a better pay out.

It is possible to spend months or years trying to get the responsible party to compensate you. You may also be concerned about how to pay for the fees involved. Conditional fee agreements or better known as the no win no fee agreements were introduced in 1995 when legal aid was still available for personal injury case. The reason it was introduced was to give the people with incomes above legal aid eligibility limits the chance to fund personal injury litigation. People whose income was just about the limit were still finding it difficult to pay for a solicitor. This no win no fee agreement eventually became available to fund most civil cases and the consequence of this was that legal aid was abolished 2000. Contrary to popular belief there has not been a compensation boom, in fact the number of claims has dropped since this time.

With pure no win no fee arrangements; no winning compensation is paid to the winners lawyer. The winner leaves the case with their entire award intact. You should however before signing on the dotted line check that there are no hidden fees.

Claiming compensation for personal injury is not a lottery win. They should only be pursued when an accident occurs which caused pain and suffering. You will not be able to claim for near misses or for personal injuries that doesnt really affect your life. Also just because you have been injured does not necessarily mean you will definitely get accident compensations no matter how good your injury solicitor might be. For a compensation claim to be successful you will need evidence from an injury specialist such as a doctor for the claim to even begin the process.

Accident claims for the UK market contact Accident Consult for your no obligation No Win No Fee Road Traffic Accident Claim consultation service. This article is free to republish provided this resource box remains intact.

# posted by wq6786 : 8:55 PM  0 comments

Unfortunately, sometimes a worker or laborer dies due to an accident at the work place. The dependents should know in Virginia there are some benefits available.

First, if a third party outside of the work place has caused the death, there is always the possibility of a personal injury action against the third party. Also, if the death was caused by a defective device or machine, then there is the possibility of a product liability action against the maker of the machine or device. In Virginia a personal injury action or product liability action has to be filed in court within two (2) years of the accident.

Second, a death at work if caused by any work factor gives the dependents the right to file a workers' compensation claim. As a Virginia Workers' Compensation Lawyer for 30 years these are some points one should know:

1. The dependents must prove they are dependents such as a wife, child or a parent in destitute circumstances in order to have a claim.

2. The successful dependent spouse can expect to receive 500 weeks of compensation and payment of burial expenses. The compensation rate is two thirds of the decedent's average weekly age. The spouse's compensation would end with a remarriage.

3. The successful dependent must prove the decedent's death had to derive from an accident arising out of and during the course of his/her employment. Thus an unexplained fall resulting in death would not be compensable even though happening at work. I had a case where a worker fell off the back of a tractor but I could never prove the reason for the fall.

4. The children would share pro rata in the compensation if under age 18 or up to age 23 if in an accredited educational institution. Of course, if a child is illegitimate, he or she would have to prove legal dependency.

5. One interesting case I had involved representing a Hong Kong child whose Chinese/American mother was killed leaving the Chinese restaurant where she had been working. The issue we litigated was whether her death was in some way linked to her employment. We settled out of court.

6. Another case involved a worker who was killed at a pumping station at midnight. Again, the issue was whether the death was linked to the employment. We also settled this case out of court.

7. Another worker died in a trench cave in. The issue in that case involved the calculation of the average weekly age since the worker died his first day on the job. Also, the employer claimed the worker was not expected to be a full-time employee. After lengthy litigation, we managed to prove a good average weekly wage in a hearing at the Commission. Of course, the higher the average weekly wage then the higher one could expect the compensation rate would be.

8. One sad case that seems to come up again and again is a death by a heart attack at work. But even though the death happened at work, it would not be compensable unless some unusual exertion triggered the heart attack.

In summary, if a worker dies at work, one should look into the possibility of both a personal injury claim and a workers' compensation claim.

Copyright 2006, Gerald G. Lutkenhaus. ALL RIGHTS RESERVED

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Jerry Lutkenhaus is a practitioner of Workers' Compensation law in the Richmond, Virginia area for over 30 years He was given an "AV" rating by Martindale Hubbell in 2003. Lexis Nexis listed him in the 2005 Bar Register of Preeminent Attorneys. For more information, see our websites at http://www.virginiadisabilitylawyer.com or http://www.geraldlutkenhaus.com or call for a free consultation at 804-358-4766.

# posted by wq6786 : 8:17 PM  0 comments