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- 29 Quick Tips for Handling Your Own Newfoundland and Labrador Personal Injury Car Settlement - Tip #14
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Accidents and Injuries
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- Appeal decision protects some medical information: lawyerPosted on 6/23/2010
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Accidents and Injuries
Astonishing Invasion of Personal Privacy Ordered in Injury Case
Our clients were injured in an automobile accident in which their car was t-boned. The defendants served a set of intrusive questions known as Interrogatories, which sought a great deal of information as to the clients’ personal medical and financial lives. The questions sought information such as a description of every complaint the clients expressed to any healthcare provider in the three years before the accident, and whether they had filed tax returns in the three years before the accident.
On the strength of the fact that the Statement of Claim filed in court alleged “personal injuries” and that the clients had suffered “pain and suffering and loss of amenities”, the judge thought the information “relevant” and ordered all these questions to be answered under oath, including the questions which pertained to pre-accident information.
One of the ironies of the decision is that one of our clients has already presented his personal injury demand for damages, and he has not made a claim for any financial loss. Yet the court has ordered him to produce a great deal of confidential financial information!
According to this ruling, just saying that you have suffered a personal injury puts your pre-accident financial and medical history in the hands of the defendant, with no more onus on the defendant to show relevance than that. The Interrogatories sought information for the three years before the accident, but why would it stop there? Why not five years? Why not ten? This is contrary to the law and practice that I have worked with in personal injury cases for decades, and as readers can guess, an appeal is under consideration.
General
The Shocking Truth About Wrongful Death - Part 3
The Newfoundland and Labrador Wrongful Death Book
A family member's passing causes tremendous pain, but the emotional and financial fallout of a death caused by another's negligence can be devastating. I hope you haven't picked up this book because you've lost a loved one through traumatic circumstances. If that is the case, I'm terribly sorry for your loss.
This book provides an overview of wrongful death cases that allows people having to navigate these difficult waters to make informed and educated decisions before ever talking to a lawyer.
Wrongful death cases are inherently complicated, involving everything from probate matters to negligence issues. These types of cases are often made more difficult because insurance companies representing the wrongdoer often try to avoid liability or offer unfair or inadequate compensation. Most people have never been through this process and, understandably, don't understand what they're up against when they decide to pursue a wrongful death claim.
Those who haven't been involved in a wrongful death case usually expect that an insurance company will compensate them for the loss of their loved one. But for many the nightmare is just beginning. The pain caused by the accident can be compounded by the unfair treatment the victim receives from some insurance companies that have one objective - closing the file for as little money as possible without fair compensation for the injured.
Insurance companies have teams of adjusters and lawyers that they can put to work on defending such claims. They're professionals - they handle claims involving death and serious injuries all day and every day. Naturally, they have an advantage over most people who are encountering these issues for the first time. In our office, we believe knowledge is power. We think this book will be helpful in leveling the playing field between insurance companies and those who have lost loved ones as a result of someone's wrongful acts. If you have questions, the lawyers in our office would be happy to answer them. Just call 709-579-4000 or toll free 888-579-3262. You can also visit our website at www.ChesCrosbie.com.
St Louis Bankruptcy Blog
What Is An Attorney Only Chapter 13 Bankruptcy Payment Plan?
Date: 09/03/2010Missouri Injury Blog
Everything You Need To Know About Motorcycle Helmets
Date: 09/03/2010Personal Injury Attorney News
What Car Accidents are Costing You
Date: 09/03/2010Personal Injury Attorney News Portal
Pedestrian Injured in Bus Accident
Date: 09/03/2010Pedestrian Injured in Bus Accident is a post from: Personal Injury Attorney News Portal
Personal Injury Lawyer News
Fullerton Car Accident Injures Three
Date: 09/03/2010Fullerton Car Accident Injures Three is a post from: Personal Injury Lawyers News
Personal Injury Lawyer Report
Pedestrian Injured in San Diego Car Accident
Date: 09/03/2010Pedestrian Injured in San Diego Car Accident is a post from: Personal Injury Lawyer Report
Personal Injury Lawyer Journal
San Diego Hit-And-Run Collision Injures Pedestrian
Date: 09/03/2010San Diego Hit-And-Run Collision Injures Pedestrian is a post from: Personal Injury Lawyer Journal
Personal Injury Questions and Answers
Woman Injured in San Diego Hit-and-Run Car Accident
Date: 09/03/2010California Injury Blog
Motorcycle Accident Causes Major Injuries
Date: 09/04/2010
A motorcyclist sustained serious personal injuries after an accident on the 5 Freeway in Mission Viejo caused by a pallet dropped on the roadway. According to a news report in The Orange County Register, the motorcyclist was northbound on the freeway near Oso Parkway on August 27, 2010, when he struck the debris and crashed. He has been hospitalized with major injuries. California Highway Patrol officials are investigating this incident.
I sympathize with this motorcyclist, who has apparently suffered severe injuries because of someone else's negligence. I pray he recovers quickly and completely from his injuries.
This is a post from BestAttorney.com - BISNAR | CHASE California Personal Injury LawyersVirginia Wrongful Death Blog
video answers most frequently asked question
Date: 09/03/2010Frequently Asked Questions - Virginia Accident Cases
California Personal Injury Blog
Pasadena Hit-and-Run Crash Injures Elderly Pedestrian
Date: 09/03/2010Pasadena Hit-and-Run Crash Injures Elderly Pedestrian is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers
Halifax Personal Injury Blog
Traumatic Brain Injury a "Disease" not an "Event"
Date: 09/02/2010Traumatic Brain Injury Claims
New research published in this months issue of the Journal of Neurotrauma advocates treating traumatic brain injury as a chronic disease process, rather than an isolated event.
As a brain injury lawyer, I wholeheartedly agree with the conclusions reached in the article.
Brain Injury the Beginning of a Process
The authors of the study, Brent E. Masel and Douglas S. DeWitt from the Univesity of Texas Department of Neurology state that:
The purpose of this article is to encourage the classification of traumatic brain injury (TBI) as the beginning of a chronic disease process, rather than an event or final outcome. Head trauma is the beginning of an ongoing, perhaps lifelong, process that impacts multiple organ systems and may be disease causative and accelerative.
The authors review how a brain injury is often the start of a degenerative process that may cause further injury, even death, months or years after the initial trauma. The conclusions reached by the authors no doubt will be supported by brain injury survivors, their family's and those that advocate for survivors.
Chronic traumatic brain injury disease should be reimbursed and managed on a par with all other chronic diseases. Only then will the individuals with this condition get the medical surveillance, support, and treatment they so richly deserve. Only then will brain-injury research receive the funding it requires. Only then will we be able to truly talk about a cure.
Virginia Car Accident Lawyer Blog
video answers most frequently asked question
Date: 09/03/2010Frequently Asked Questions - Virginia Accident Cases
Halifax Sexual Abuse Claims Blog
Priest Sexual Abuse Class Action Filed in Montreal
Date: 09/02/2010A new class action has been filed in Quebec alleging sexual abuse by priests.
The class action names the Community of the Clerics of St. Viateur in Montreal and the Raymond-Dewar Institute (also known as the Institute for the Deaf and Dumb) as defendants.
The representative plaintiff, Serge D’arcy says he was a victim of sexual abuse by priests while attending the institute between 1967 and 1972. D'arcy states that he was subjected to physical and sexual abuse by priests who were members of the religious group who taught and worked at the Dewar Institute.
I applaud Mr. D'arcy's courage in coming forward on behalf of himself and other victims.
I am pleased to see that class action legislation is being used as a tool to help more victims of childhood abuse. I had the pleasure of being invited to present on this issue at The Canadian Institute's 9th Annual summit on Institutional Liability for Sexual Assault & Abuse.
Ron Martin's sexual abuse class action against the Roman Catholic Diocese of Antigonish was a groundbreaking claim. The landmark settlement achieved in that class action will provide accountability, closure, and fair compensation to victims who would never be able to speak publicly about what happened to them.
Halifax Medical Malpractice Blog
Doctor Sues to Silence Patient
Date: 07/28/2010I read blog post today by my colleague Catherine Bertram, a medical malpractice lawyer in Washington D.C. that I thought was interesting.
Dr. Sues Her Patient
She has posted about a California physician, Dr. Kimberley Henry, who has sued one of her own patients who posted a negative review about Dr. Henry online. I wonder if Dr. Henry is opposed to online rating websites generally or just the ones that say bad things about her? Keep in mind that Dr. Henry has signed up for some of these webites and posted her profile.
Gag Orders
Last year I posted about a similar issue Doctors Forcing Patients to Sign Gag Orders .
Catherine's post indicates that some doctors are becoming more aggressive about trying to prevent patients from exercising their right to freedom of expression.
Coming to Canada?
I'm not aware of any similar suits here in Canada, but the online doctor rating sites like Rate MD are a great resource for Canadians. Is it only a matter of time before we start to see doctors suing their own patients?
What do you think? Let me know by posting a comment.
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Video Library
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Auto Accidents and Car Wrecks
- I was injured in a car accident and my insurance company is telling me I have to use my personal insurance (e.g. Desjardins, Blue Cross, Manulife) to pay for my massage therapy, physiotherapy and prescription drugs before I can use either the accident benefit coverage (Section B) on my automobile policy, or the insurance of the guy who hit me. Is this right?
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- Should I talk with the insurance company representative? Should I give a statement to the other insurance company?
Accidents and Injuries
- I was injured in a car accident and the insurance company of the person who hit me is telling me I have to use my own accident benefit coverage (Section B) to pay for my physiotherapy treatments before I use his coverage. Why is this?
- With an accident claim, if you go to court and lose is it the practice of the judge to make the plaintiff pay the cost?
Is my personal injury claim award subject to division, as a "matrimonial asset" in accordance with the Family Law Act?
Medical Malpractice
- What is cerebral palsy? Can I claim for compensation?
- Are physician expert witnesses easy to find and are they usually willing to testify against another physician?
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Newfoundland and Labrador Personal Injury Lawyer
- Do injury lawyers advertise too much?
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General
- If you go to court and lose, is it always the practice of the judge to make the plaintiff pay the costs?
- What is the difference between a judgment and a settlement?
- I slipped at a department store about 4½ hours ago. I didn't fall, but I definitely pulled muscles. I don't know if I should wait until tomorrow to see if that is all it is or if I should seek medical attention tonight. Should I go to the emergency room or should I contact the department store and ask them if they have a physician I should go to?