Month: March 2019

Lord Young and the Compensation Culture myth

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What is more, the government no longer provides legal aid for personal injury claimants and does not spend any money promoting the services. So how else are innocent accident victims supposed to know how to claim compensation? It is up to Personal Injury firms to inform people of their rights since the government does not, otherwise they would ultimately be left in the dark.

This government must take the lead in stopping misplaced panic about the compensation system. The proposals for the extension of RTA-type schemes if put into practice may well change the legal landscape for low value personal injury claims; both reducing costs and making them more predictable for the vast majority of personal injury claims. It is unfortunate that no framework has been set out in Lord Youngs report as to how he intends to implement his proposals. Much of his report lacks a suitable agenda going forward and we are left with a series of statements and suggestions without any indication of when or how the proposals might be implemented. It seems to be a question of watch this space

QLD Permitting Use Of A Place -S11DMA

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What the Law states – Permitting Use Of A Place – S11 Drugs Misuse Act

Section 11(1) of the Drugs Misuse Act 1986 provides that

1. A person who, being the occupier or concerned in the management or control of a place, permits the place to be used for the commission of a crime defined in this part is guilty of a crime.

What the Police must prove – Permitting Use Of A Place – S11 Drugs Misuse Act

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. That the accused was the “occupier concerned in the management or control” of a place. As to occupation, an accused must be making use of a place with enough defacto control or management of the place to enable that use. A person is not an occupier if his/her only connection is the presence of some belongings. Mere ownership is also not sufficient and personal involvement must be proved.

2. That the accused “permitted.” Standing by and watching somebody else doing something does not always establish permission. However, neither is specific activity always necessary to prove “permitting”. It will be a question of fact and degree as to the degree of collusion.

3. Used for the commission of a drug offence under the act. The prosecution will be required to prove the drugs offence under one of the other sections of the act. For example, to be guilty of permitting the use of a place to produce a dangerous drug, it must first be proven that the dangerous drug was produced in contravention of section 8 of the Drugs Misuse Act. Note that under subsection 11(2) of the Drugs Misuse Act the dangerous drug to which the commission of a crime relates is the dangerous drug directly or indirectly involved and in relation to which proof is required to establish the commission of the crime.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences – Permitting Use Of A Place – S11 Drugs Misuse Act

Possible defences to this offence include but are not limited to:

1. Not sufficient control or management to establish occupation

2. Lack of sufficient involvement to constitute “permission”

3. Lack of knowledge as to the commission of the offence under the DMA

4. duress

The defendant was not an occupier of the place or had no management of the place.

Mild brain injury creates more headaches than Severe Brain Injury

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More than of a million children are admitted at the hospital every year for brain injury. Since brain injury affects so many children, there have been many studies concerning the long term effects of brain injury on a person. A new study indicates that children who have a concussion or other traumatic brain injury are much more prone to developing headaches for a period of up to a year after the incident. This is different than children who have suffered from a bodily injury which indicates that they are much less likely to develop headaches. The results direct us to a difficult long term problem for children and their family because, according to researchers, there are no treatments to take care of the lingering headaches. Dr. Heidi Blume at the Childrens Research Institute in Seattle, Washington acknowledged that “Its an issue because they may have problems with sleep, and the headaches can make it harder to concentrate.”

Dr. Blume and her coworkers tracked more than 450 kids that were admitted into the emergency room due to brain injury accidents. Out of those over 450 children, 60 of those children had a moderate or severe injury whereas 402 had a mild injury. The children with brain injury cited many different causes including car accidents, falls, playing sports, and general rough play.

Dr. Blume and her colleagues compared all of the injury cases that they have seen and came up with some interesting data. Included in that data was a the information from diaries that Dr. Blume asked the children and their parents to keep which complied all of the headaches that they sustained over a period of a year. The data showed that after only three months, 43 out of every 100 kids who experienced some form of mild brain injury had headaches. Further, 37 out of 100 complained of headaches in the moderate or severe injury category.

The data is in direct conflict with what most doctors would foresee. More specifically, doctors are unsure how more headaches have been occurring in mild brain injury victims instead of severe brain injury victims. Karen Barlow of Alberta Childrens Hospital in Canada commented on this conundrum by stating that “That is a conundrum that we dont fully understand, but its been noted before” in research of adults. Barlow went on to explain that “There might be something about the moderate and severe traumatic brain injuries that interfere with the mechanisms of sensing pain, but we havent gotten to the bottom of that.” Thus, this data is still not known and researchers will continue to attempt to understand the full complexity of brain injuries.

If you or a loved one has suffered a serious injury or death of a loved one, the last thing you want to think about is saving money to pay for a California brain injury attorney. Accordingly, the Ginny Walia Law Offices handle cases on a contingency fee basis. This means that if you do not recover, then you will not be charged for any legal fees. Our fee structure is based on a percentage of the amount that we obtain for you. Further, we will work with you to settle your case.

Our personal injury attorneys will never settle your case without your authorization. California personal injury lawyers at Ginny Walia Law Offices will do everything possible to settle your brain injury accident case out of court without the delay of a full trial.

Speak to a California personal injury attorney now: If you or a loved one has suffered a brain injury, we can help. Please call us now at 1 (510) 887-5910 for a free no obligation consultation.

Mediation for Personal injury

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In the city of Denver, Colorado most personal injury cases never make it to courtroom. In other words, they settle before even getting in front of the judge. This tendency is understandable when you consider the difficulties involved in holding a legal action in court, from the financial costs to the extensive periods of time that are necessary to finalize a trial. In most cases, both parties are reluctant to take a personal injury claim to court, because they fear that the jury will rule against them. This is why many top Denver injury law firms advise their clients to accept participation in mediation.

Mediation is an alternative method of settling a personal injury dispute. The two sides accept the mediation of a third party, the mediator. The mediator can be someone appointed by the court or a professional accepted by the insurance company. Usually, mediators are former attorneys or judges who have extensive legal knowledge, which helps them to properly asses a personal injury claim case and advise the two parties on the best way to reach a compromise.

Mediations are less formal proceedings than trial appearances, but as a plaintiff involved in a personal injury case, you should coordinate with your Denver accident lawyer in order to be prepared for the mediation process.

Mediations can take place with the presence of the involved parties, represented by Denver injury law firms, or they can take place without an actual meeting between the two sides. In this case, the mediator will act as a liaison between your Denver injury lawyer and the lawyer of the defendant, carrying the demands and the responses between the two sides.

Mediations have the advantage of being cheaper and quicker than civil trials although complicated cases may require a long time to settle. The aim of the mediation procedure is to reach an agreement between the two sides, effectively creating a compromise between the demands of the plaintiff and the interests of the defendant. The mediator will make sure that the two sides accurately present their side of the story and provide arguments for their cause. If everything goes well and the two sides arrive at a compromise, the mediator records the result of the mediation, which becomes a legally binding document for the two parties.

Mediations are sometimes ordered by a judge, but this doesnt mean that it is compulsory for the two parties to reach an agreement. You can always consult with your Denver accident lawyer if you should continue with the mediation or if you should take your case to the court. Nevertheless, you should always consider participating in mediation, even if you are sure that your case is strong enough to win a court trial.

The legal response to police brutality and personal injury

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Personal injury is a legal term for an injury to the body, mind or emotions. A personal injury lawsuit refers to a type of tort lawsuit alleging that the plaintiff’s injury has been caused by the negligence of another. New York personal injury lawyers help the injured party pursue their legal claims in court. Personal injury lawsuits can be complex affairs, and it is a good idea to have representation in such cases.

The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents (product liability) and holiday accidents. However, medical malpractice may also fall under the category of personal injury. Medical malpractice is an act of professional negligence by a health care provider. In most cases it involves treatment which falls below the accepted standard of practice in the medical community and causes injury or death to the patient.

New York medical malpractice attorneys can help victims of medical malpractice pursue their legal claims for compensation. There are two main kinds of malpractice compensation: economic and non-economic. Economic damages from such a case may include lost wages, medical expenses and life care expenses. These damages may be assessed for past and future losses. Non-economic damages are based on the physical and psychological harm done, which may include loss of vision, loss of a limb or organ, or severe pain and emotional distress.

Of course, personal injury and medical malpractice are not the only things that involve the protection of individual rights. As New York City residents know, the police exist to serve and protect the citizenry. Unfortunately, this covenant is breached when officers turn to brutal and illegal tactics. Police brutality is the wanton use of excessive force by a police officer; it involves any form of force, including verbal attacks and psychological intimidation.

Now, most of the public accept that police officers must use force on certain occasions. However, this use of force is kept in check in many jurisdictions by the issuance of a use of force continuum. A use of force continuum sets levels of force considered appropriate in direct response to a subject’s behavior. This power is granted by the civil government, with limits set out in statutory law as well as common law. When police exceed the strictures that have been placed on their use of force, it is the job of a New York Police Brutality Lawyer to ensure that the officers responsible are held to account.

New York City is a teeming metropolis, filled with energetic and creative people. But amid the city’s vibrancy there is also a good deal of conflict over individual and civic rights. New York City lawyers help persons resolve such matters; they help New York City residents protect their rights in a peaceful and civil manner. New York City personal injury lawyers, medical malpractice lawyers, and police brutality lawyers serve a vital role in assisting the ordinary citizens of the city preserve their legal rights and pursue their legal claims.