Monthly Archives: April 2009

Fraudulent Claim Management Companies Befooling Victims Of Personal Injury

The presence of a lawyer plays the most significant role in the success of a personal injury claim case. Its importance becomes manifolds if the lawyer is a professional one. Besides these lawyers, there are such companies as well that are dealing in the field of claim management. Such companies profess to take all the responsibilities from the claimants and provide the facilitation of the skilled lawyers on their own. The phenomenon related to the claim management companies is becoming very popular and it has given vent to the fraudulent companies as well who try to rip the victim of their precious money and savings.

The awareness regarding making claims for the compensation has spread a lot. There are many victims of different types of accidents who suffer certain kinds of physical injuries and financial losses and damages due to the neglect of another person. So, in such cases if the victim is not at fault, then he becomes entitled to a compensation that is in form of a monetary relief. To represent these cases, the victims get the help from the professional personal injury lawyer or the claim management companies. Fraudulent companies are those types of claim management companies that try to create claims out of every accident that results in form of fake claims.

Such companies raise the false hopes of the victims and they make the victims believe about the success of the claim though in reality these victims do not have strong cases. Such companies just make the claimants trust in the fact that the fault has to be of the other person involved in the accident. In this whole procedure, the poor victim gets involved in all sorts of loan management or credit agreements recommended by these fraudulent companies. They charge this at the expense of the claimant’s damages and name it as the legal fees and the fees to be paid to the solicitors.

Those victims who become befooled by the false claims made by these fraudulent companies either end up losing the cases because these cases are fake in reality, based on false hopes and fake evidences or in case of wining, paying a lot more to these companies than they have got as their compensation claims. These companies deduct a lot out of the compensation claims of their clients, leaving them with the bills to be paid rather than the claim amount they have earned.

It is very essential to avoid such fraudulent claim management companies while considering hiring the services offered by a lot of companies. It is advised to check the previous history of the claim management company, which promises legal assistance in the field of personal injury claims, in order to avoid any sham or fraud in the end.


The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

Two Crucial Blunders Commonly Committed By The Claimants Of Personal Injury Claims

Accidents are something that we frequently see happening to others in our daily lives. At times, we also become a prey to the neglect and recklessness of another person and have to go through a series of suffering involving physical pains and financial hurt. Personal injury claims have been devised to get the monetary compensation to theses kinds of victims who have to suffer due to the fault of others. The number of claimants filing compensation claims is increasing every year as awareness related to these legislative reforms is becoming known. But there are those claimants also who turn the tables against their own selves by committing two common blunders.

The first one is the hiding of the facts from the hired Personal injury lawyer. A claimant is supposed to hire a specialist lawyer for the personal injury claim case. But the most important thing is to tell even the minutest detail related to the accident, to the victim’s previous accident history and the medical history. These facts are to be told by the claimant in sincerity to the lawyer. Charge of responsibility is to be decided after the hearing of the case and until then the claimant also remains under the bar of doubt. This is the job of an expert lawyer to stand the claimant aloof from the neglect and irresponsibility that has caused the accident.

In case, the claimant does not tell all the facts to the lawyer, then the case can not be genuinely established. This is the lawyer who is to decide whether these given facts can impact the case in a negative manner or a positive manner and in this regard, the lawyer presents the whole case in an appropriate manner by molding the facts in the favor of the claimant. So, it is essentially important for the claimant that he or she has to speak the truth with the lawyer, relating all the true facts and evidences and hiding absolutely nothing.

The other blunder that most of the claimants make is the disclosing of the facts to the insurance company. This can be harmful to the case. The insurers always try to make full use of the innocence of the victims and if they can manipulate the given facts regarding the accident, the accident history or the medical history of the claimant. This is the reason; claimants are advised not to talk to the third party insurance companies right after the occurrence of the accident. These details are to be given by the hired lawyer because a claimant does not know what should be told to the insurers and what should not. This is a mistake that can lead to serious consequences either in case of a lesser amount of compensation claim or losing the case.

These two common blunders are to be avoided in the context of personal injury claims. Though these mistakes are commonly committed but the claimants are to stay away from them if a successful compensation claim is desired.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

Who requires the professional services of a no win no fee specialist lawyer?

Personal injury claims are claimed by those people who after being victimized, receiving personal injuries, try to avail justice.Personal injury claims are a help for such victims who have to suffer due to the fault of another person. This is the base of all types of personal injury claims that the claimant is supposed to prove that he or she has suffered due to the rashness or neglect of anther person. But who are those who require the professional expertise of a no win no fee specialist lawyer in the context of filing a compensation claim. Well, all those who are truly being mistreated and have experienced physical or financial injuries as a result of those accidents which have happened not out of their own fault.

No win no fee based claims re basically those types of claims that are being offered by the specialist lawyers to the claimants where the claimants are not supposed to pay a single penny as the claim expenditure. It means whether the case is won or lost, the claimant is not supposed to spend any money on it not even the lawyer’s fee. There are many such lawyers who offer to fight the claims on the basis of no win no fee and it proves to be a great help to those who are already facing a financial restraint which gets to be doubled up after meeting with an accident and experiencing an unwanted injury.

It does not mean that the lawyers do not get to be paid and they fight the cases with out earning any money. The matter of the fact is that they are being paid in both the situations; in case of winning, by the third party insurers and in case of losing by the insurance companies of the claimants. The point to be kept in mind is that not all the cases are to be filed on this base. No win no fee specialist lawyers decide after listening to the details of the accident whether this case is eligible for this category or not. Usually the road accident,workplace injuries type accident are being filed on this basis.

So, those victims who have gone through an accident and have received injuries that can be physical and financial are very much eligible to go for no win no fee based claims but it is he duty of the specialist personal injury lawyer to determine whether the case fits into this category or not.Though ,no win no fee based claims provide a great help to the needy claimants looking for the monetary relief in form of compensation claim because in case of winning, they are supposed to enjoy the whole amount with out any deduction that can be in form of a lawyer’s fee.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

Are Wrongful Deaths Entitled To Compensation Claims?

Personal injury claims are a way through which the victims of inflicted pains, sufferings and losses as a result of some accident that occurs due to another person’s negligence get a chance to be compensated. There are those unfortunate victims as well who get so severely injured that they no longer live to claim for their compensation. In such cases, these unlucky and wrongful deaths become entitled to the compensation claims and deceased person’s family is the one who claim this compensation.

Wrongful deaths are eligible for the compensation but the family members namely the wife/husband and the children come under the beneficiaries of such claims. Personal injury claims are being filed by a great number of victims who have to suffer as a result of different types of accidents.   The negligence, rashness and irresponsibility of a person can cause another one to lose his life or her life. These accidents can be the automobile accidents (in which the dead one can be the pedestrian or the driver of any vehicle), workplace injuries, deaths occurring as a result of the usage of some defective product or service and medical malpractices.

The family members of the deceased persons can use this medium of personal injury claims where they get the compensation from the responsible parties. In this context, there are specialist personal  injury lawyers who deal in the field of wrongful deaths. The family members of such victims are to contact these lawyers who can guide them in the right direction. These lawyers can deal these cases basing on their expertise and abilities, helping the victim’s family getting compensation and justice.  The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice

Wrongful deaths are absolutely entitled to the compensation claims being filed the family members of the unfortunate victim. Though, the lawyer decides this after going through the details of the accident in order to measure the extent of the fault. It means that all the details are being viewed minutely so that it can be established on the factual grounds that the accident happened due to the fault of the other party and consequently, victim died. In such circumstances, if the dead one happens to be the only bread earning hand of the house hold then the family has to face a lot of financial crisis along with the emotional distress.

The amount of compensation can not bring the dead one back but at least help the family of the deceased one to keep the routine of life going on. A professional personal injury lawyer should be consulted by the victim’s family so that the case should be represented with full conviction in order to avail a successful claim.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice

Pecuniary And Non Pecuniary Damages For Personal Injury Claims

Personal injury claims provide the victims of different accident, a chance to sue the responsible party for their pains and losses. Through this medium, the injured party gets an opportunity to be compensated for that specific injury, it has suffered. As the time has elapsed, these legislative reforms have become friendlier to help the needy ones. Through personal injury claims, the victims can ask the guilty parties to pay for their damages. These damages are mainly of two kinds; pecuniary and non pecuniary.

Pecuniary damages are those damages which are related to the finance or property. There are different types of accidents which contribute towards the pecuniary damages. Road accidents are a common example of it. A car or a motorbike accident can involve a high damage to the vehicle. In that case, the property of the victims gets damaged by the neglect or rashness of the other party. And hence, the claimant can ask for the repairing expenses related to this damage in form of compensation from the guilty party.

Other thing that comes under the banner of pecuniary damage is the lost income or lost wages. This can happen if the claimant has gone through severe physical injuries and on that basis he is not able to carry on his work and thus it results in form of lost salary. This financial loss is to be compensated by the responsible party.

Pecuniary damages also involve the expense related to the hospitalization. While determining the amount of compensation, this factor is also to be kept in mind. The victim’s expense on hospitalization and the related medical treatment is also to be included in this kind of damage and it is supposed to be compensated as well. It also includes future medical expenses as well that are likely to happen as an aftereffect of the accident.

The other type is the non pecuniary damage. It relates to the suffering and pain which comes out as a result of the injury being experienced by the victim due to the fault of another person. This can be due to the physical injury and the psychological and the mental injury or trauma is also a part of it. Most of the accidents usually happen in the physical injuries being experienced. These are supposed to be of any types ranging from fractures to brain injuries, from bleedings to bruises.

The intensity and severity of these injuries is very much entitled to compensation. Medical examination reports counts a lot in this regard. It is done so to establish the credibility of the victim’s claim regarding meeting with an injury and also for determining the nature and the intensity of the pain and suffering related to that specific injury.

So, those injured parties who experience any of these damages can claim compensation for it but they have to prove their cases in this regard.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

Making A Personal Injury Claim In Canada

Claiming compensation in Canada is almost like claiming anywhere else though there is a difference in the set procedure. All the countries and states have a set procedure through which the personal injury claims are to be made. In Canada also, the victims of various types of accidents are entitled to the compensation claims. Provision of justice is an important feature of the civilized nations and the Canadian government has also made it sure in all its provinces and capitals.

It is not a highly complicated task to file an personal injury claim in Canada. As a claimant you need to be aware of the two main components of these injury claims that are being filed here. Like all the other places, here injury claims are generated by different types of accidents, resulting in different types of injuries. These can be road accidents that include car accidents, motorbike accidents other auto accidents involving even the pedestrians, injuries happening at workplaces, accidents related to the professional malpractices like medical malpractice and accidents that are the result of slipping, tripping and falling either on the private or the public properties.

One of the two important components that are an integral part of the Canadian personal injury claim procedure is the issue related to the liability. The idea of liability is being followed to determine the extent of the fault. Accidents are supposed to happen due to the rashness, recklessness or neglect of a person. So, it becomes his or her liability to compensate for the injuries and the losses the other party has suffered. Claims are being filed by the injured parties on the basis that they have suffered a lot due to the fault of the accused party. The parties, the injured one and the supposedly accused one try to prove their own innocence and the liability of the other person.

Injured party can win the compensation claim only at the condition if they prove this with full conviction and evidences that they have to suffer due to the fault of the other person. In case of losing, this fact can not get to be proven rather the accused party manages to establish the fact that the accident happened due to the neglect of the injured party. So, the factor of liability plays a very important role. That party has to pay the price whose liability gets to be established.

The second important component is related to the compensation amount; how much compensation an injured party is to receive if it has a valid case against the irresponsible one. Well, it is made sure here that the injured party should be compensated for the pains, sufferings and anguish related to the physical, mental and financial loss. Obviously, the claimant is to prove the severity, nature the credibility of that specific injury for which he is asking for the compensation.

Liability and compensation coverage are an important part if the claim procedures filed in Canada. These claims are to be filed here as soon as possible because there is a deadline to the compensation claims and after the expiry of that fixed period, the injured party will not be able to pursue the case.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

To Go For A Lawyer Or Not If Going For A Personal Injury Settlement.

It is said that the role a lawyer plays in a personal injury compensation claim is the most vital one both for the claimant and re case. In case of an expert, professional and skilled lawyer, the result usually turns out to be in the favor of the claimant. These personal injury claims are being settled either through out of the court settlements or court room legal proceedings. There is general conception that the settlements can be negotiated with the third party insurers with out the intervention of a lawyer. There are those also who like to consult the professional personal injury lawyer even going for an out off the court settlement.

The personal of a skilled and personal injury specialist lawyer is considered very significant for the success of a compensation claim case. He is the one who manages to mold the case in favor of the claimant using all the facts and evidences with full conviction. But when it comes to the settlements, off the court settlements, there are many such claimants who like to proceed without the guidance of a legal representative. The prime and basic reason for that is supposed to be the fact that they do not want the lawyers to get a share in the claimed amount of compensation.

It is not impossible though sounds a difficult task to move ahead in the context of personal injury settlements on their own. But there are those claimants as well who negotiated very well on their own without the assistance of a lawyer when they were dealing with out of the court settlements. And this they achieved through their deep insight into this legal procedure and extensive information related to it. It is a very difficult task to deal with the third party insurers as they try to entrap the victims into their offered acclaim amount that can be really less than what the claimant deserves. So, the claimant has to very well aware of all the procedure through which the compensation is calculated.

But not all the claimants know this. There is still a great number of such claimants who do not have any legal knowledge related to the personal injury compensation claim estimation. This brings them to very much closer to the brim of getting entangled into the trap of low compensation claim offered by the guilty party. In this regard, a lawyer is the one who should be consulted. From estimating the compensation amount to dealing and negotiating with the insurers, a professionally skilled personal injury lawyer helps a lot in this process of out of the court settlement.

So, this is the choice of the claimant and he is to move ahead by assessing whether he needs the help of a lawyer or not in the context of a personal injury settlement.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice

Can This Legal Institution Of Personal Injury Claims Be Befooled?

Personal injury claims are supposed to be a great source of solace for those who have to go through a lot of pains and sufferings due to the fault of another person. There are different types of accidents making different types of claim cases and the number of the claimant is increasing every year who are filing these cases for availing the compensation.  So, there are those crooked rogues as well who think to befool this institution. There have been such cases where the claimant turned out to be a bogus one with an absolutely fake case. There are many chances that these cases are vulnerable to the deceit of these crooked ones but still it is not possible to get away so easily after doing this.

The primary goal of these personal injury claim cases is to get the justice to those who come to the doorstep of this legal institution. This is the characteristic of these cases which make them liable to be misused. There are many cases where the insurance companies are being involved and the claimants seek the compensation claim from them. It seems far easier to befool these insurance companies for gaining the compensation rather than filing a fake case in the civil courts. Fake claim cases are being files. Fake facts are given and on the bases of these. A compensation claim gets to be demanded by these deceitful people from the insurance claims.

But the good thing is that compensation is not allotted to those who come and ask to be compensated. All he verifications are being carried out by the insurance officials. All the details are gathered from the claimants and then these details get to be verified and qualified as well. The information from the related departments is gathered to see whether the claimant is lying or not. In some cases, special investigators are also being appointed for investigating the credibility and authenticity of the compensation claims being filed by various claimants.

In case, anyone trying to befool these companies in order to avail the compensation claim by filing a fake case gets verified and his true persona comes in front of the insurers, he gets the due penalty for it.

This is not impossibility that these claim cases are fool proof. Due to the characteristic that is to help out the needy ones through a monetary relief; these cases case become an attraction for the wrong plans. But it should be kept in mind as well that it has its own safety means. All the verifications are being done and the claimant is supposed to prove with full conviction and strong facts and evidences. In case of a fake claim, it turns out very soon that the claimant is trying to befool the court and the insurers and then he has to pay the consequential penalty.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.