I had an accident at work when I was 17 and on a YTS (youth training scheme) at the time in a cash and carry warehouse.
I was told to stack 10 litre cooking oil drums and they fell. (No gloves or safety talk given)
I attempted to pick them up and badly cut my 2 index fingers (and tendencies) on my right hand.
I had alot of pysical therapy but was stopped from joining the forces as it was my trigger finger.
I still get soreness in them to this day when the cold weather starts.
Any information would be much appreciated.

If you are serious, contact a personal injury attorney, But he will probably tell you that the statute of limitations has run out on any claim for that injury. You would have to have proof that the injury did in fact happen during that employment and sustained during work hours, doctors bills, therapy bills, current evaluation from a doctor willing to testify in court, and witnesses. THEN, your old employers attorneys will ask you why didn’t you notify them at the time of the injury and why you waited 20 years to per sue this. This is what workers compensation is for: injuries on the job so the injured are taken care of and law suits don’t happen. You’re going to have a difficult time proving that a safety talk/instruction was not given. He said/he said. Best of luck.

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I was in a car accident in October. A lady was arguing with her son and rear ended me at 40 mph. I sustained neck, back, and shoulder injuries. I still have pain in my shoulder that the dr. feels will most likely never be corrected. The insurance co I am dealing with says I deserve no compensation for pain and suffering and their offer is not even enough to cover what it cost me in medical bills, time off work, and dropping class at school. I have never been in an accident before and I don’t know how this works. Do you know what an appropriate settlement would be or how to figure out how much it should be? PLEASE HELP.
If you are a lawyer or have been in an accident and can help through personal experience that would be great.

Did the insurance company actually tell you that your are not entitled to compensation for your pain and suffering, or did they tell you that you do not meet the threshold requirements for your state.

Do you live in a No-Fault state? If so, your own PIP coverage should take care of your medicals and some of your lost wages. The threshold requirements in NF states do vary. Some are monetary, others are verbal or have a "serious" injury threshold.

Where did this accident occur, and what exactly were your injuries. Based on what you posted, your injuries were probably soft tissue, and they would not be considered "serious" by definition.

The offer that they may have extended could be what is called a compromise settlement. Maybe.

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I’m currently under going a no win no fee claim against my old employer for compensation. Is the industrial injuries benefit payed for life or just a short term thing? And also if i win my compensation claim do i have to pay back money already paid to me?

Are you afraid to ask your lawyer? She has the actual facts and background that would allow her to answer your question. We don’t.

Any answer you get here will be worthless. No facts = no answer.

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This is an odd situation. My Father has worked for the same company as a machinist for 41 years. 30 years ago he was running a drill press and the bit broke off and flew into his arm, right near the carpal tunnel area of his wrist. The company still has a written record of this accident. The doctor that the company sent him to said that it would be best to leave the piece of drill bit in his arm, rather than operate in that sensitive area, if it didn’t cause my Father any pain. So for the past 30 years he’s had that bit in his arm and it caused no trouble at all.

He had an MRI done a few months ago and he warned the doctors about the bit in his arm. They x-rayed and decided it was safe to go ahead with the MRI. Not long after the MRI he began having serious pain in his wrist. While it can’t be proven, the theory is that the MRI caused the drill bit to shift in position. It began causing severe pain and it was determined that it had to be removed.

My Father developed rheumatoid arthritis several years ago and that complicated the operation. After the surgery my Father developed severe swelling and pain that has gone on for several weeks. It now appears that an arthritic cyst formed in the area where the drill bit was and he is close to losing the use of his right hand. He is scheduled for further surgery next week.

This obviously resulted from accident with the drill bit 30 years ago - that accident was documented by the company and he followed the advice of the company doctor to leave it in place - but now they are saying that it is too late to claim workmen’s comp, that there is some "statute of limitations."

Is this true, or is the company trying to weasel out of this? If there is such a time limit it seems quite unfair in this situation - my Father has a stellar 41 year work record and this all resulted from an injury sustained at work 30 years ago, now he may lose the use of his right hand.
OK, so the original dr. could not have foreseen the complication, what about a case against the doctor who authorized the MRI? Malpractice? My father may lose the use of his right hand because of this, and its clearly not his fault, does he have some recourse?
Yeah, obviously worker’s comp is out of the question. However every nurse and doctor who has seen the x-ray of the drill bit has said they never would never have authorized an MRI. On top of that - as I said this has been going on for several weeks - the original surgeon was convinced that the complications were related to his arthritis and just kept draining fluid without bothering to test for an infection. So my Father went to another doctor and guess what - the whole problem has been some type of bacterial infection that occurred during the surgery - but the original surgeon refused to believe that was possible and never tested for it. So if things go bad and he loses the use of his hand, it will just be a matter of who to sue for malpractice. Thanks for everyone’s input.

Sorry but statute of limitations is two years in most states. The only way he can file the claim is to file it and see what happens. It doesn’t hurt and there is no shame in it. You might want a copy of the incident report so it proves a injury did take place. File it and see what happens. There’s a 95% chance that it will lose but you never know.

As for the MRI, you might want an attorney to take a look at this. The doctors knew about the screw but did the scan anyways. You do have a small malpractice suit and I would follow up on that.

Good Luck

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My boyfriend and I got into an accident, where he was at fault. Although he was the driver, the car’s mine and I’m insured under it. I’ve already filed an insurance claim and I’m getting an appraisal right now. The car had extreme damage to the front (hood crushed, bumper torn out, headlights busted, grille pushed in, radiator cracked, and antifreeze liquid leeking out). The car is a 2006 Toyota Avalon w/ 24,000 miles on it. Is it possible that it’s totaled?

It’s been days since the accident and we’re both suffering back and neck pain. If we go to a chiropractor, how will the insurance money be paid out? Also, how does the Personal Injury Protection coverage work? Is it the same as pain & suffering? Do you ever come up short with money for the bills? I’m real clueless as to how this ordeal will work out. Help!
Also, we both have Allstate. Is there any way to transfer this to his insurance policy since he was the driver?

Since the car is in your name, and he was driving it with your permission, the claim will be made to your insurance, since insurance follows the vehicle, and not the driver. It is very possible that your car is totalled, there could be more damage that you dont know about under the hood, or in the frame or suspension. The vehicle and injurys will be handled like this: The vehicles damage will be handled under collission coverage, you will be compensated for the damages to the vehicle, and it will be repaired, or if its totalled, they will pay the loss-payee if there is one first, and then you, all payouts will be minus your deductible. The injurys for your boyfriend will be handled under your medical payments coverage, and if it exceeds that amount, it should be covered by the bodily injury coverage. Your injurys will only be covered by the medical payments coverage, and if it exceeds, you will have to pay the rest, or claim it with medical insurance if you have it. Any other questions, call your insurance agent, he/she can help.

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a doctor, Dina accepts $50,000 from Eagle and waives the right to future claims. Frank’s diagnosis later proves to have been wrong. According to the reasoning of the court in Case 10.1, Roberts v. Century Contractors, Inc., Frank’s misdiagnosis is, in terms of its impact on Dina’s agreement with Eagle,

a mutual mistake of fact.
a unilateral mistake of fact.
fraudulent misrepresentation.
nonfraudulent misrepresentation.

I would assume the second one, however, we would need to read the case cited above.

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Typically working on behalf of the Insurance Company they grind down the policy holders claims in order to reduce the ‘losses’ to the Company …. since they get paid based on some ‘loss reduction targets’ they often refuse perfectly legitimate claims on some ‘technicality’ (often simply made up on the spot ..)

The advantage to the Insurance Cop. is that their own ‘reputation’ is not ruined by the underhand tactics often employed whilst they reap the benefits ..

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I am taking the other party involved in a car accident to small claims court. He committed a hit and run and i want to collect money for damages not regarding my vehicle. Reimbusrment for the extended rental car and time loss. i was unable to attend my college orientation and welcome day because i had to stay back home and take care of the car issue. i also missed work and the accident has simply been a burden on my life right now. I cant even drive past the itersection where it happened anymore. It is insane.

1. be prepared. Bring with you to court any documents which may bolster your case. And be able to present your case in a clear concise manner. organize the facts you want to present and maybe rehearse them before you get to court

2. Speak only to what you have first hand knowledge of. Avoid hearsay comments. They are not admissible and they may weaken your case.

3. Dress conservatively and neatly. Don’t call attention to yourself by what you are wearing. Don’t dress like you’ve been invited to a formal dinner at the White House or are headed to the beach

4. Answer only to what is being asked. Do not volunteer any information which is not asked of you. If you do not understand a question ask the judge to repeat it. If a simple yes or no answer is not sufficient to truthfully answer a question you may ask to be allowed to expand on it.

5. Address the court (the judge) and not the other party directly

6. And be sure to always show respect for the judge.

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In settlement phase Lawyers want me to take an offer but will not take it all the way to arbitration and I want them to What if they drop the case what are my options? PS need the money bad
the case is pre arbitration the lawyers say we need to take the offer when i say no they say yes you have tot take it when i say i want to go to arbitration they say that we might end up with less and they would be very suprised if it was more due to their lack of sympathay
they are offering six figures and i want to go forward if the amount is less than what i had agreed to lowball can i contest that too?

Too often, attorneys forget that they are agents for the client, and not the other way around.

The attorneys are permitted to withdraw, but only if doing so will not "prejudice" your case. In you instance, should the attorney withdraw, it could be difficult to find another lawyer. Your current lawyers will want to place a lien on any recovery you make (in other words, they would get a percentage of the eventual settlement), making another attorney reluctant to take your case. This could be prejudicial to you. They should have thought about this before taking your case. The reason they get such a high percentage fee is the risk that some cases will take a lot of time for no recovery (if they lose), or a minmal recovery even if they win.

Still, you say you need the money bad. Taking a case all the way to arbitration can take time. Further, in a wrongful death/negligence case, you are likely really talking about mediation. At a mediation, an attorney tries to get the parties to settle. They will try to bring your demand down, and the defense offer up.

But what if the case does not settle? Then you need to go on to trial. This will often result in, not only more time, but the need to retain expert witnesses. This is a very expensive proposition. Depending on the law firm, this is either "advanced" on your behalf, or you have to pay that money. In either case, you pay. At the end, the attorney would get his fee (percentage), THEN they take out their costs, and THEN they pay the subrogated insurer (medical bills and insurers paid first), and you get the rest. The attorney should negotiate these matters for you.

Still, this all take TIME. I do not know your state, or where you are in the proceedings, but negligence cases often take 18 months to 3 years from filing to resolution.

What is your time frame? When do you NEED the money. If you need the money in short order, then you will need to settle … and take a discount to do so. The highest offer (assuming your case is good) comes as you get closer to trial.

On the other hand, if your case is weak, then an insurance company will offer you "cost of defense" now. They would prefer to pay what they would otherwise pay THEIR lawyer for the CERTAINTY of no additional liability. Once you get to trial, however, most of the cost of defense will have been spent, and they merely evaluate the liability (chance they will lose) and the potential damages.

As a litigation manager for companies that do not settle without liability, I can tell you that many plaintiff lawyers are lazy. They far prefer to not work very hard, and settle for far less than a case is worth. They make money based on volume. If they can get a settlement with only 10 hours of work, it is good for them. If it takes 100 hours of work, they would need to recover 10 TIMES what they are offered early in the case to break even. If, for example, you are offered $20,000, they would need to get this up to $200,000 just to break even (from their perspective), on the eve of trial.

You need to really evaluate the case. Can you really prove that someone else was at fault? How good are your witnesses? What are your real damages? What can you prove for damages? These are all matters for serious discussion with your attorney. You are paying him to provide good, sound legal advice. You need to know what he has done to work up the case. If he has not done much, then it is too early to settle, as you cannot properly evaluate the case. He will have also shown the other side that he is not serious about working up the case for trial, and this results in a much lower settlement value.

Good luck.

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The Insurance Company (after the claim was filed), the Police, the body shop, DMV??

The insurance company is one. Any shops that use a billing company will as well. The police don’t directly report to CarFax, but when they file a report, that goes straight to your insurance company who will. Basically, it is anytime that there is paperwork that has your vin number as the result of any accident reported to either state/local authorities and insurance companies.

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