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- 29 Quick Tips for Handling Your Own Newfoundland and Labrador Personal Injury Car Accident Settlement - Tip #13
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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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Auto Accidents and Car Wrecks
Court Takes Dim View of Fraudster Allegations at Injury Trial
In the decision of a personal injury trial handed down last week, the judge rejected "fraudster" allegations made against the plaintiff and imposed a sanction in costs.The judge ruled the defence lawyer was "grasping at straws" and pointed out that an allegation of fraud is a serious one which connotes criminal conduct. She withheld certain costs which the defendant would otherwise be entitled as a result.
Testing credibility in cross-examination at trial is one thing; labeling someone fraudulent in a pre-trial brief filed with the court is another. Most lawyers would agree that some kind of sanctioning was required to discourage this type of defence abuse.
The plaintiff was awarded $45,000 plus pre-judgment interest for soft tissue injuries which caused considerable pain, suffering and reduced mobility for "several" years - one expert witness had suggested five to seven years - before he otherwise would have suffered the symptoms. The trauma of jumping into the cab of his truck to avoid being struck by the oncoming vehicle accelerated the plaintiff's pre-existing degenerative disc disease, and aggravated the totality of the condition. Although the plaintiff had asked for a general damages award for pain and suffering and loss of amenities of $96,700, which represented the inflation-adjusted top of the range in Newfoundland and Labrador for damages for soft tissue injuries, the judge gave an award more toward the low middle of the range.
The abuse a plaintiff must sometimes endure to obtain even modest compensation for an injury is truly amazing.
Accidents and Injuries
What is whiplash and what should you do if you sustain whiplash?
The most common injury sustained in a motor vehicle accident is whiplash.General
The Shocking Truth About Wrongful Death - Part 2
Why Should I Listen To You?
When someone dies because of the fault or negligence of another, it's called wrongful death.
I wrote this book so that you could have good, solid information about wrongful death lawsuits, hiring a lawyer or dealing with an insurance company. Forget the hype. This book is not about hype. It's about the tough, hard fought world of wrongful death and what you can do to improve your odds of winning if you have a legitimate case.
If the death of a loved one has occurred due to the fault of another, whether by motor vehicle accident, medical malpractice, or any other accident including injury on premises - I can help.
My name is Ches Crosbie and I have been representing individuals against insurance companies since 1983. I limit my practice to accident and injury cases, and helping people wronged by big corporations and big government; so, if you want a divorce or a will, or have a traffic ticket, I can't help you.
You may know me from my involvement in the Breast Cancer Testing Class Action against Eastern Health, and the Cameron Inquiry. I am one of the few plaintiff lawyers in Atlantic Canada recommended by peer review publications as having a recognized competence in wrongful death and personal injury. I was selected by the peer review publication Best Lawyers as Personal Injury Lawyer of the Year for 2009. I am frequently invited to speak to other lawyers on a variety of topics at continuing legal education programs around the country. I have written numerous articles for lawyers and consumers. My firm's popular website has a lot of useful consumer articles and links on a variety of subjects. Visit www.ChesCrosbie.com if you want to continue your research on wrongful death claims, class actions, and accident and injury claims.
The personal injury lawyers at my office and I have amassed many years of collective skill and experience in accident and injury law. Obviously, the longer you have been practicing a particular area of the law, the more you will know. We think experience matters.
We realize that a lawsuit may be the most important event going on in your life right now. Your case will be personally handled by one of our lawyers - not a non-lawyer paralegal.
We represent many people who have been injured by the fault or negligence of others. We also represent families of deceased loved ones in wrongful death cases - cases where the fault or negligence of others has caused or contributed to the death. While each case is different, and past results cannot be used to predict future success, we can tell you that we have been privileged to help our clients and their families recover tens of millions of dollars in settlements and judgments from the insurance companies. We did this by providing consumers with useful information, and our clients made an informed choice to ask us to help.
With this new book, we take our commitment to providing useful information to the consumer to a whole new level.
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
Auto Accidents and Car Wrecks:
- Why and When To Bring In the Experts
- The seven deadly sins that can wreck your Newfoundland and Labrador injury claim.
Accidents and Injuries:
Medical Malpractice:
Class Action Lawsuits:
- Class Action Cases Need Experienced Attorneys
- Imperial Tobacco Appeal Decision
- Ches Crosbie comments on March 24, 2010 Update of Cameron Report
- Remembering Donna Howell - NTV Early Edition
- Remembering Donna Howell
General:
- Our Fee Structure is Designed to Benefit the Client
- Learn About the Book “The Seven Deadly Sins” by Ches Crosbie
- Things To Consider When Choosing A Lawyer
- Learn How to Get Your Free Book “The Seven Deadly Sins”
- Providing Useful Information to Consumers is What Makes Us Different
FAQs
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?
- What if an insurance adjuster offers me a settlement?
- 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?
- Do most medical malpractice cases result in a judgment in favor of the patient?
Class Action Lawsuits
Newfoundland and Labrador Personal Injury Lawyer
- Do injury lawyers advertise too much?
- Who is the "best" lawyer for an injury case?
- Why did you write a free book?
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?