How Does One Prove Emotional Duress?

It seems in every personal injury case there is always a portion of the award given for “emotional duress”. While the layman’s perspective might be that this is simply asking for more money, it is an actual concern when dealing with the aftermath of an injury. If you’ve been hurt through no fault of your own, it likely goes far beyond the simple pain and medical expenses. Furthermore, sometimes harassment by another can be so intense as to result in real psychological harm or other damages that merit compensation. If you’ve been subjected to such severe emotional turmoil that it interferes with your ability to function, the question that likely comes to mind is: how do I prove it? It’s easy to say or act traumatized, it is quite another to prove it. Hopefully, the following guidelines will assist you. Do note that this article does not constitute legal advice, and those seeking such advice should find a qualified lawyer such as David Heil, PA.

Underlying Cause:

First, you have to be able to point to an event or series of events that may have triggered emotional distress. While it is true there are many people with mental disorders that make them more susceptible to daily stressors than the average person, one cannot reasonably expect compensation from everybody who triggers the condition. There must be some unusual trigger or a clear intent to trigger an adverse psychological reaction in order to claim damages.

It is of special note that simple negligence without a physical injury does not yield damages for emotional distress, partly due to the difficulty of proving emotional distress. This is why you must be able to point to a specific event that could have reasonably triggered the emotional damage.

Intensity and Duration:

It is natural that one should feel uneasy after suffering harm or even through simple day-to-day interactions. Thankfully, most of us are able to push through and move on from it. Not everybody is so fortunate however, and the effects of the damage may linger for some time. Post-traumatic stress disorder is the most common example of an intense, long-lasting mental disorder that can stem from specific events or a series of events. Being able to point to examples of how your emotional distress resulted in an inability to perform or even actual objectively verifiable physical distress will go a long way towards proving your claim to emotional distress.

Physical Damage:

Emotional duress is not always all in your head. Severe enough emotional damage can manifest as physical symptoms including, but not limited to difficulty breathing, headaches, and nausea. All of these symptoms are objectively verifiable and can be used to help prove emotional harm was inflicted. In fact, if you can tie these symptoms to a specific event, emotional damage may not be necessary to prove as these conditions of themselves would merit compensation.

Doctor’s Opinion:

Ultimately, the most effective item towards proving emotional distress is a doctor’s testimony. If you can find a psychologist who is willing to testify: either under oath or in writing, that you are currently suffering emotional distress it will lend heavy weight to your arguments. It is far more difficult to fake emotional harm to somebody who is trained to spot exactly that after all.

Conclusion:

Ultimately, pursuit of a personal injury case is a long and difficult road. Demonstrating that you were harmed emotionally is an uphill battle in most court-rooms owing to the difficulty in proving it. In a legal context, it helps to think of your emotional damage in the same way as looking for a black hole. Even if you are sure it’s there, the only way to prove it’s there is not by observing it directly, but by observing the effects on the environment around it. If you keep this in mind, you and your attorney should have no trouble in pressing for an emotional damage claim.

The writer of this article, Brennen Kliffmueller, is well read in areas of the law and understands fully how to use the system to ensure justice is served and ways he can make his attorney’s job much easier. He shares these experiences with others so they can learn to best work with the system rather than feel pressured by it. If you wish to learn more you can visit on Google+.

Most Common Types of Injuries Suffered at Amusement Parks

Amusement parks are one of the most popular ways for Americans today to enjoy themselves, with over 400 such parks and attractions existing within the USA, from mega parks such as the Disney World Resorts in Florida, to smaller pier-based amusement parks found in many coastal cities. Each receives nearly 290 million annually, generating $12 billion in revenue and $52 million for the national economy. However, it is not all fun and cotton candy at amusement parks. In 2011, around 1,200 people were injured while attending an amusement park, with nearly 400 injuries to children each year – although only 1.5% were severe enough to warrant a hospital visit.

While we certainly don’t want to scare you off visiting the Space Mountain next year, it does serve well to keep in mind some of the risks people may face when attending a theme park. Just because it is unlikely to happen doesn’t mean it never will, and forewarned is forearmed. If nothing else, it can allow you to avoid the pitfalls and properly enjoy your day out while still remaining safe. Thus, let’s take a look at some of the more common injuries people suffer at an amusement park.

Whiplash

Many roller coasters and thrill attractions can exert much force on the body during their duration, and a lot of the time these effects are carefully managed as part of the ride’s safety designs. Things such as padding around the neck to brace it, shifting momentum into broad curves, or carefully redistributing the force to parts of the body more capable of bearing it. However, sometimes safety measures may fail.

A common occurrence is whiplash, where a sudden shift in force causes injury to the bones and muscles of the neck. This can be gained by sharp, jarring turns, or by breaks stopping a ride too quickly. They are very common while riding bumper cars as well, and are the principal reason you should never collide head-on with another cart. If you experience intense neck pain after an especially uncomfortable finish to a fast ride, go visit a medical center and get it checked out. You may have suffered from whiplash.

Slips and Trips

Pavements in amusement parks receive heavy foot traffic over the months a park is open, and, as a result, they quickly come under pressure. This often doesn’t pose much of a problem, as worn paving is quickly repaired by maintenance staff. There are also many stairs in queues for rides, as alternating heights, and multiple levels allow more people to wait in line. Then there are all the various spills on pavement floors, such as discarded soda, dropped hamburgers, or water from wet rides.

All these can result in guests suffering injury by tripping or slipping while attending a park. If you are visiting a park, keep an eye on where your feet are. If you get tired, take a quick break and sit down — benches and seating should be very prevalent – and make sure you watch where your kids are running. Try to get them to avoid running up and down stairs, especially if the steps are hollow.

Food Poisoning

Most of the time park restaurants and eateries are very well managed, especially at larger parks such as Six Flags, however occasionally standards may slip, or you find yourself in smaller amusement parks where standards may not be as rigorously enforced. Consequently, poor hygiene or cooking practices may result in a case of food poisoning. If you think a particular stall or restaurant looks suspicious, then avoid eating there and report it to the park’s authorities. If you should find yourself in the unfortunate case where they do not seem concerned themselves, report it to a health authority.

Falling Objects

Many rides are elevated. What’s more, many rides also run at very fast speeds. The result is that people on amusement park rides often lose things during their travels. Usually, such rides surround turns and loops with netting to catch falling objects leaving guest pockets, however those are not always present. There are also things such as falling signs, or objects people drop from balconies.

The chances of getting injured by a falling object is very slim, but it can happen. You should not need to keep looking up at the sky all the time, but be mindful when walking past particularly intense rides for flying shoes or wallets.

The writer, Christian Mills, is a law blogger who primarily focuses on personal injury legal matters, but naturally qualifies his statements by saying he is not himself a lawyer. For those needing a lawyer, he highly recommends visiting www.heil-law.com. You can learn more about Christian on Google+.

What to do When You’re in an Accident in Gloucester

If you are motoring down the M5 motorway minding your own business and are suddenly and without warning involved in an accident, there are some steps that you should follow. By remaining calm and noting some details related to the event, you can improve your chances of making a successful claim in court later should you have injuries that require medical attention. If you are physically able, and any passengers with you are uninjured, make sure that notes and pictures are taken to document what happened. Let’s take a look at some notes to make as you collect information about the accident and your involvement.

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  1. You should note the time and location of your accident.       Whether it was close to Junction 12, near the A38, A40, or close to the A417, you should note the exact location of where the accident occurred. If you aren’t sure, you can ask the authorities when they arrive upon the scene to investigate; even though it will be in the report that you can obtain, personal notes are powerful tools when it comes to litigation.
  2. Get the names, addresses, and contact information of all parties involved so that you can supply these to your insurance provider as well as the solicitor with whom you partner later. Also note the number of passengers in each vehicle, details about the other cars, and the insurance details of the other drivers.
  3. Make notes about the weather conditions at the time, including visibility, lighting conditions, and if headlights or indicator lights were being used by those involved at the time.
  4. You should also note the badge numbers of the police officers attending to your accident so that your solicitor can later contact them for their account of the accident scene.
  5. You must note all of the damage to the vehicles which can be done effectively with photos from your phone should you have one with you.       You’ll also want to note any injuries to the people involved in the accident; be sure to include your own.
  6. After the accident has been cleared from the roadway in Gloucester, you should record your full description of the accident and how it happened. You can include any sketches of where the vehicles rested and how the scene looked before and after the accident.
  7. You’ll want to inform your insurance provider as soon as you can and also begin to think about an injury lawyer in Gloucester with whom you can partner for any possible litigation regarding your injuries.       You can ask for recommendations from your friends or consult some reliable online sources for professional solicitors trained in personal injury litigations.

Knowing the proper steps to take after being involved in an accident can make the litigation that follows more streamlined and successful. Take your time to collect the facts so that when you meet with your solicitor you’ll be well prepared for the case ahead.

Is a Restaurant Liable for Food Poisoning? How do You Prove it?

Have you ever come back from a meal out feeling somewhat queasy? Has this then ever developed into a full-blown illness, in which you are left completely bedridden, unable to work, and maybe even have to fork out for expensive medical bills? Nobody likes taking an experience like that home with them after a night out with friends and family. At the same time, no one likes pointing fingers at people either. Even so, there’s a good chance that you may have suffered food poisoning from the restaurant you ate at. However, are they truly liable? How do you even prove that?

Before you go off charging onto the next episode of Judge Judy, it is important you do have a case. Otherwise, there’s a very high chance that the restaurant can show that they have nothing to do with it whatsoever, or even, as a matter of fact, it was you who were responsible for your illness. In which case, expect expensive court charges and counterclaims.

So what should you do if you want to prove your case that the restaurant is responsible for your food poisoning?

Can the restaurant be liable?

If the restaurant can be found to be directly responsible for any cases of food poisoning, they are legally liable for it. This is a particular legal fault called negligence. If an organisation or person fails to ensure the safety of people adequately within their premises, they are legally responsible for any injuries suffered. This includes things such as improperly labelling water that is not for drinking, failing to protect exposed drops with railings, or even something as mundane as an infection from a particularly splintered door frame.

The trick, however, is finding evidence for the negligence. If you deliberately drank water that was marked as unsafe for construction, ignored barriers obstructing drops, or knowingly touched clearly splintered word despite prior notice, it is your fault. Signing waivers can also absolve people of legal responsibility for your safety. However, if you had to sign a waiver to eat at a restaurant, or chose to ignore signs there warning of potential contamination by salmonella, then there’s already something seriously wrong!

So what would prove that the restaurant is liable?

What is counted as evidence?

The most important resource for winning court is this: evidence. If you can provide solid evidence that whatever happened to you was the fault of the plaintiff, the case will be a relatively straightforward procedure. If you are in possession of particularly good evidence, or else just lucky, the restaurant may even offer a quick settlement there and then. If it covers any cash you lost because of the illness, and has a bit extra as well for your trouble, then accept it. It is always better to quit while you are ahead.

However don’t go into a courtroom waving around a doggy bag containing the suspect meal. While lab analysis may indeed find something particularly unpleasant within the foodstuffs, it is not conclusive evidence of the restaurant having dubious cooking skills. They can quickly turn around and say that the food was contaminated after the meal, whether through the container or improper storage. In essence, it does nothing whatsoever for your case.

In this case, the best evidence to have is other people who can attest to food poisoning while eating at the restaurant. If you know of several other cases of dodgy cooking, you can file a lawsuit together and bolster each other’s claims in that way. After all, if four or five completely separate people eat at a restaurant and fall ill, there’s something going on. Especially if all diners suffered from the same affliction around the same time, or during a prolonged period.

Requesting a formal health inspection of the restaurant can also be a real asset in proving liability. If a health inspector examines standards and practises within the kitchen or dining areas and finds faults that would lead to your case of food poisoning, you have the testimony of an expert.

Another important thing to have is evidence of actual food poisoning. After all, it is entirely possible you just suffered indigestion from over-indulging yourself, or fell ill some other way by coincidence. Having a doctor’s report confirming your illness, and especially a stool sample that scientifically links your illness to something you ate, will cement your case and more firmly point to evidence of foul play on the restaurant’s part.

Christian Mills is a law blogger who spends specializes in personal injury and liability. He also recognizes the importance of knowing whom you can turn to if you have been wronged, and recommends visiting heil-law.com if you find yourself in need of an attorney. To learn more about Christian you can visit on Google+.

How Criminal Defense Attorneys in Ogden Helps Settling Charges Better

 

Being charged with a misdemeanor or felony is never a good thing and can take a toll in your life or mental state. If you are arrested or charged with such cases, you can never just look beyond the problem and live with the belief that time will heal everything. Because, most certainly it won’t; and ignoring such a charge will make the matter worsen with time. To take a better and confident call against such a charge, you should always seek the help of specialized and experienced Utah criminal defense attorneys. An attorney will not only guide you through the court proceedings, but also represent your best interests in the court and work towards settling a negotiating plea with the help of a prosecutor.

How can an Attorney Help You?

If you are faced with a criminal charge, never consider proceeding with the case on your own. To ensure that things are settled fast and you are off the charge, always seek the help of competent and skilled attorneys in Ogden specializing in the field of criminal defense. This will help you take a better stand with regard to your case. Wondering how a lawyer can help you settle the case? Take a look –

  • Negotiate a plea bargain better
  • Arrange your case for trial
  • Develop the best strategy for your defense

Moreover, a competent and skilled criminal defense attorney helps you understand the type of the charge field, the consequences you might face following the charge, the available defenses you have with regard to your case, and a better understanding of plea bargain deals. With specialized Utah criminal defense attorneys helping you handle the case better, you should never stay away from hiring the help of an attorney. All you need t keep in mind is hire the lawyer with care.

Gaining the Local Advantage

This is a priority; if you are facing a criminal charge, you should always seek the help of a local attorney. Hiring somebody from your region is sure to give you an edge regarding the trial. A local attorney is likely to have better knowledge of the state laws and other rules and regulations. While criminal defense laws are likely to be similar throughout the state, the process of filing a case or going ahead with the same may vary between the courthouses. Hiring the service of experienced attorneys in Ogden will most certainly give you an edge. Being a defendant, you should never take risk and only hire somebody having experience with the local personnel and procedures.

Few Questions to Consider

Before making the final, choice with your attorney, you should always ask few questions as that would ensure a better and smart call. Here is a look at what you should ask-

  • Do you have experience in dealing with the charges that are filed against me?
  • Do you have good knowledge about the criminal defense laws of the state?
  • Are you a licensed and certified lawyer?

Being aware of these answers will always help you take a better call while hiring Utah Criminal defense attorneys. Let the experts take care of the charges against you.

Summary – When charged with a misdemeanor or felony crime, you should always seek the help of Criminal defense attorneys. This is because only an experienced attorney can help you settle the case better and promptly.

Author Bio – The author an expert legal blogger explains why you should hire Criminal defense attorneys and how an attorney can help you handle charges better

 

What to Keep in Mind When Filing for Personal Bankruptcy

Personal bankruptcy should never be taken lightly. It is an avenue of last resort for most people or a way for them to get a fresh start on their finances. That doesn’t mean there are no consequences for going bankrupt, but it is an option that should be explored if your financial options are limited.

1. Two types of personal bankruptcy. There are two types of personal bankruptcy for consumers to consider: Chapter 7 and Chapter 13. Under Chapter 7 of the Bankruptcy Code, filers will have most of their debt forgiven. Under Chapter 13, a repayment plan is put forth, one that enables the individual to repay most or all of the debt over several years. Your bankruptcy attorney will discuss your options when you file notes Gentry, Arnold & Mitchell PLLC .

2. Know the law. Bankruptcy laws vary from state to state. Besides state law, there are filing fees that must be paid. And there is matter of hiring an attorney to guide you through the process. Expect to pay at least $1,500 to file bankruptcy, much more under certain cases. This cost can be a hardship for people who have little money to rely upon in the first place.

3. Chapter 13 is easier than Chapter 7. To file for bankruptcy, it is easier to file under Chapter 13 than under Chapter 7. Indeed, under Chapter 7 you have to qualify to file. Here, you must demonstrate that you cannot pay your debt and have insufficient income to pay what you owe. If you meet the standards for filing under Chapter 7, then you shouldn’t have any problem qualifying.

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4. Your credit will get whacked. Know this: filing for bankruptcy can wreck your credit. Then again, if you are behind on your bills and have been receiving calls from creditors and collectors for months, if not years, your credit score probably already reflects the problem. Once you file for bankruptcy, that information will stay on your credit reports for 10 years. You should also know that the longer you are removed from bankruptcy, the better your chances are of getting new credit. That is, provided that your finances have improved over the interim.

5. A personal bankruptcy filing is very public information. For some people the very public act of filing for bankruptcy dissuades them from seeking relief. They just cannot imagine having details about themselves shared for others to see. That thinking can be a big mistake and for two reasons: 1), only personal bankruptcy can help you if all other avenues are blocked, and 2), most people won’t care enough to find out your personal business. And even if they do, how much should you care?

6. Plan to attend class. Ever since the current bankruptcy law was overhauled in 2005, consumers who file must attend a 90-minute credit counseling class. The class is mandatory, but it is also instructive as filers will get equipped on how to handle their finances going forward. After bankruptcy, filers will take a follow up class. Yes, there is a small fee involved, but it can be waived under certain extraordinary financial situations.

7. Not everything is covered. Under personal bankruptcy, not every debt is covered. For instance, you may not be able to keep your house. Or, you may have to forfeit a car where you cannot make your payments. If you have student loans, these typically cannot be forgiven unless you can prove fraud on the creditor’s or the school’s end.

Starting Anew

Filing for personal bankruptcy allows you to get a new start on life. Where creditors and collection agents may have been harassing you, a bankruptcy filing stops those notices and gives you the chance to gain some breathing room. If your debt is forgiven, then your slate has been wiped clean. You can then start over and move forward without a debt monster riding on your back.

If You Get in a Car Accident, When is the Manufacturer Liable?

Suffering from a car accident is always a rather gruelling experience, one that nearly always has a negative impact on your wellbeing in one way or another. There are the costs to repair or replace your car, medical bills, the time you need take off work to recover. Even if you walk away from it unscathed, there’s a lot you now need to think about. Sometimes an accident is caused by human error, but other times the fault may lie more with the car itself, and by extension the manufacturer. So when, during a car accident, is the manufacturer liable?

The simplest way to determine this is to try and work out what happened during the course of the accident. Perhaps most crucially is first to ensure you are not the responsible party. It is entirely natural to want someone else to be to blame for your misfortune. However, prematurely pointing the finger can backfire if you do not have evidence of wrongdoing. The defendant could easily turn the tables and produce evidence that you, in fact, were responsible for the accident. This means not only do you lose the lawsuit, but you’ll probably have to pay a counterclaim.

Go carefully through the events in your head. Did you do everything right? Was there anything you could reasonably have done to prevent the accident? Was there anything on your part that could leave you at fault? Make sure you can answer all these questions before proceeding.

It is a good idea to meet up with anyone else involved, including eyewitnesses, in order to work out what happened. Try to get the details of anyone present at the site of the accident, such as phone numbers or e-mail. Reports from any emergency teams present, such as police officers or paramedics, are also highly valuable. Go through these to see if any other parties may have had a hand in the accident, such as the other driver, some fault in the road, or an unforeseen factor such as a cat darting across the street or a dazzling flash of light reflected from a window.

By working out a rough narrative of what happened you can determine what caused the car accident. If it is found that the other driver was the cause, it is often easy to come to a quick settlement then and there. In that case, it is better to quit while you are still ahead. There’s no need to drag it out in court as it will only add to the expense and animosity. Alternatively, you could find that neither of you were responsible, in which case you can narrow down who or what was.

The manufacturer is liable only when you can discover that the fault lies with the manufacturer of the car, not one of the drivers or another party. In this, you’ll need a written report from the mechanics who examine your car after an accident. They’ll be able to work out whether the accident was caused by a failing in the car’s design and manufacture, such as a break failing or the steering adversely affecting your ability to prevent an accident. If that should be the case, then you have grounds for a lawsuit against the car manufacturer.

If ever you are unsure who exactly is at fault, or whether you have grounds to take the car manufacturer to court, you can always ask for legal advice as well. Most law firms, such as the Law Office of David R. Heil, are capable of examining your case and judging whether or not the manufacturer is liable for a car accident. The charge that comes for the service would easily be offset by what you’ll get as settlement, and if you decide to let the law firm in question represent you then their costs will be a fixed percentage of what you win in court. If in doubt, it is always better to have a professional opinion on the matter. You’re under no compulsion to follow their advice, of course, but a second opinion may mean the difference between forking out for repairs that are not your fault, and having a car manufacturer pay up for their neglect.

The writer, Christian Mills, is a freelance writer with a specialization in personal injury law subjects, and often gives advice to friends in need – though always with the qualification of “talk to a lawyer”. If you wish to learn more about Christian you can visit on Google+.

Grandma Got Run Over by a Reindeer

There’s a popular Christmas novelty song, which goes:

Grandma got run over by a reindeer,

Walking home from our house Christmas Eve,

You can say there’s no such thing as Santa,

But as for me and Grandpa, we believe.

She’d been drinking too much eggnog,

And we’d begged her not to go,

But she’d left her medication,

So she stumbled out the door into the snow.

Whilst we all know that Christmas can have its dangers (snogging under poisonous berries, anyone?), we don’t expect death-by-Rudolph to be one of them.

Free Legal Advice Centre_Grandma Got Run Over By A Reindeer

But truth is stranger than fiction:

Statistics from the late nineties show that in one year alone, four people were admitted to hospital having broken an arm in a cracker-pulling related incident. Statistics for another Christmas indicated that five people were injured by a rogue Scalextric car. Jumpers are dangerous, too. In 1998 there were 18 serious burns cases due to trying on new jumpers whilst holding a lit cigarette. Shirts are no better – in the same year 142 injuries were sustained when people tried on a new shirt without first removing the pins.

We know that drinking – whatever the time of year – always carries risk, but when people drink 41% more during December than the monthly average, they risk more than the usual injuries. Over the space of two years, 543 people were admitted to Accident and Emergency after attempting to open a beer bottle with their teeth. And in 1998, eight people sustained a skull fracture after cracking their head on a toilet whilst talking to God on the great white telephone.

It’s not all broken teeth, or cracker-elbow. Approximately three people die each year after testing a nine-volt battery on their tongue! Over the course of three Christmases there were 19 deaths that were caused by mistakenly ingesting a Christmas decoration. And since 1996, 31 people died after watering their tree whilst the fairy-lights were still plugged in.

Perhaps most unsurprisingly – for parents anyway – is that 101 people since 1997 have had parts of plastic toy removed from the sole of their foot.

Information distributed by doctors and nurses at Southampton General Hospital gives the five most common causes of accident and injury at Christmas time:

  • Alcohol consumption, leading to fights, falls, and road traffic accidents.
  • Toys, for example new bikes that are too big, causing children to fall and break bones.
  • Christmas dinner, cuts and burns sustained during cooking and carving.
  • Turkey, the elderly can be particularly at risk of choking.
  • Running out of medication, people failing to account for the additional closures of GP surgeries, and pharmacies over the Christmas period.

They also indicated some more unusual injuries that the staff have seen:

  • Zips on new jumpers causing injuries to eyelids.
  • Injuries to the eye, and face, from putting or taking presents under the low branches of Christmas trees.
  • Hand and arm injuries sustained from de-stoning avocados.

Some injuries can happen as the result of faulty goods, or services, and if this is the case you can access the Free Legal Advice Centre for help.

How to solve the problem if you have been accused of drunk driving

Drunk driver in a car is a true emergency. He/she poses a threat to life and health of all the traffic participants. However, drinking and driving, still remains an unsolved problem despite constant struggle with it. Alcohol is the most frequent cause of traffic accidents – it is an indisputable fact. Sometimes, traffic police acts in a too persistent manner striving to put an end to drunk driving, all that leads that a driver may be accused by mistake. You do not have to fall into despair if you have found yourself in a similar situation, but contact local paralegal services, which professionals are able to resolve this issue quickly. For example, legal specialists from Trafficticketlinks.com will never allow an erroneous accusal of their clients. They know what to do to prove your guiltlessness.

If to ask the question why the driver should not have to drive a car in a drunken state – it is likely to hear such an answer that alcohol distracts the attention, reduces memory, increases the reaction time, disturbs coordination of the movements and strong-willed regulation. It is believed that if a young healthy driver has taken a glass of vodka, then these qualities really go down significantly. If he has drank quite a small glass of vodka, then these qualities will deteriorate only slightly, and this small fry might be neglected. Although the statistics shows that the majority of traffic accidents related to alcohol intoxication occurs when the driver has taken small doses of alcohol.

When a person drinks a glass of beer or a glass of wine, he/she usually does not feel intoxicated, but such a small dose of alcohol still affects the body greatly. A person start to feel the rise of internal forces of the body, and what is more dangerous, starts to assess his/her driving skills inadequately.

Alcohol consumption reduces visual acuity and color vision, that in turn, slows down the perception of rapidly changing road situation. Cool-down time after being dazzled by the headlights of oncoming cars also gets increased. Besides, a person gets a violation of the deep vision, making difficult to conduct driving estimations. Alcohol also disrupts the functions of attention, memory, slows down thinking processes, decreases muscle strength, disturbs coordination and increases the time of reactions. As a result, the driver needs more time to assess road conditions, more time for decision-making and implementation of the necessary control actions. However, these violations are often overlooked by the driver. For example, drunk driver usually assesses the distance to a pedestrian incorrectly. Tests have shown that drivers with the alcohol content in the blood have assessed the distance to a pedestrian as equal to 30 m, although the actual distance has not exceed 15-18 m.

Alcohol not only increases the likelihood of an accident, but makes possible consequences more sever for the driver. That is why drinking is incompatible with defensive driving. Trafficticketlinks.com insists that you should not take a drop of alcohol if your are going to drive. Do not neglect this rule.

Whitney Dunn for www.trafficticketlinks.com about drinking and driving tickets and how to minimize the amount of the fine.

Determining Liability In Personal Injury Cases

In personal injury compensation claim cases, it is necessary to prove that you were involved in an accident or incident, that you suffered loss of some sort, and that this loss can be directly attributed to the accident. In order to successfully claim compensation, it must usually be possible to determine who exactly was at fault, although there are some cases where it is possible to claim even when a specific person cannot be identified – for example, in violent crime cases, there is a government fund that can be used when the criminal has not, or cannot be identified.

In many cases, such as car accidents and road traffic accidents, there will be a lengthy investigation into the cause of the accident and this will normally be used to determine who was to blame and to attribute liability to one party or another. This may not involve a criminal investigation, however, and it may be down to your solicitor to help gather evidence including eyewitness statements and even photographic evidence.

Determining Liability in Personal Injury Cases

In these types of case, and following these types of accident, it can prove beneficial for you to gather some of the evidence yourself. Take relevant photos of the accident site, ensure that you exchange details with the other driver or anybody else involved in the accident, and even attempt to gather contact details for those that may have seen the accident take place. You can present this information to your solicitors, and they will be able to act on the information if it is relevant and required, and they can progress with your case more quickly.

There are other steps that you can take, throughout the process, that can help to expedite a conclusion to your compensation claim. Ensure that you keep details of all communication and meetings with your doctors, hospital, and specialists. Also keep you receipts and prescription details, because this can be used to help determine the extent of your injuries. Your solicitor will be able to acquire your medical report and medical details, with your permission, but if you keep your own notes, you can ensure that there are no contradictions.

In some cases, the court may determine that no one single person was at fault. In a faulty goods case, for example, the court may determine that you, as the consumer, had certain liabilities to ensure that the product was safe yourself, while also determining that the manufacturer of the product was responsible for producing a safe item. The courts may, in these cases, determine that the product manufacturer was 50% responsible for the accident, and that they are 50% responsible for paying the compensation figure that they agree upon.

The quality and skill of your solicitor will often help to determine whether they are able to prove liability, although in some cases this may not be necessary. Clifford Johnston & Co Solicitors has more than 25 years’ experience of dealing with a variety of personal and family law cases, and can help to gather evidence, build a case, and prove liability, so that you can successfully claim compensation from the liable party.