There has long been a culture of claiming compensation in the United States of America, and that culture is showing zero signs of easing up. Actually, recent statistics show that the polar opposite is in fact taking place with more and more personal injury claims being made. Whether this is fantastic news, though, completely depends on where you are standing and in which direction you are looking. But we aren’t just talking about the point of view of victim versus insurance company, or even the person being sued, because there are so many other considerations to take into account, just visit Robins Cloud for more information.
Anyway, the very term ‘compensation culture’ implies that there is a huge number of claims for compensation which aren’t necessarily justified, and are in fact ambitious and fraudulent attempts at making money out of something completely accidental. In the past we have heard phrases like ‘crash for cash’, whereby people are deliberately crashing their cars into innocent driver’s in order to start a compensation claim and receive a hefty payout. This is wrong. But the other big problem with this sort of fraudulence is the effect it has on genuine claims. In short, it is becoming harder and harder to determine what claim is real and what is a bogus attempt at quickly pocketing enough money to put down a deposit on several houses.
What’s more, there are more and more areas of a genuine victim’s life that need to be addressed nowadays. When someone is involved in an accident, there are a vast amount of repercussions that need to be taken into consideration. For example, there are the direct injury costs, the cost of medical care, the loss of earnings (both present and future), psychological stress compensation, the possible increase in insurance premiums, and these are just those that can be measured easily.
On top of this, there are other forms of damage that need to be carefully addressed, things like emotional harm and mental disruption, areas of damage that can’t be measured physically. And as such, these areas are becoming more and more exploited because they are easier to fake. All someone has to do is state they need to see a councillor, and then visit once a week for so many weeks and there is nothing a court of law can do to prove they are bogus. But we will get to this a bit later on.
First, we want to go through some of the landmark cases that has encouraged this compensation culture to spread across the world, not just America.
USA – 1992
This case became world-famous after a woman sued McDonald’s after she bought a cup of coffee from one of their drive-through outlets. What had happened was, after she made the purchase, she tried to remove the lid in which she spilled the entire contents of the coffee onto her lap. She was subjected to extreme scolding and spend eight days in hospital undergoing skin graft operations on her thighs, backside and groin. This was followed by two-years of medical treatments. The grounds on which she won the case was that the coffee served at McDonald’s was far too hot and thus far more likely to cause severe harm that other restaurants. She won an astonishing $2.86 million in compensation.
Australia – 2007
A woman successfully filed a workers’ compensation claim after causing damage to her own face with a lamp during intercourse in a hotel room while away on business. Whilst her employers rejected the claim on the grounds that intercourse was not an ordinary incident of an overnight stay, the court granted her compensation on the grounds that no approval, express or implied response of the woman’s conduct was required and that the company had to deliver the benefits package as they had rented the room.
USA – 2011
A woman was awarded compensation after tripping over her dog while walking to her own garage. The reason this claim was successful was due to her being employed as a decorator by a big home decor company and given she was headed to her garage to collect some sample fabrics, it was deemed her home to be a work environment. Don’t believe us, just look here.
With legal decisions like this setting precedent in courts of law around the world, it is easy to understand why some people wouldn’t try and claim compensation for certain accidents. It also means, governments need to act quickly to establishing new laws that will prevent a queue of similar claims taking place, such as a legal obligation to state that the contents of a coffee cup may be hot.
What does the rise in claims mean for premium prices?
Whether or not it has anything to do with loopholes or wiggle room, there is absolutely no disputing the fact that the number of claims has increased year on year. Even if you take into consideration the growth in population, the number of claims is still rising rapidly. This has seen something else mimic the rise, and that is the consistency in which insurance companies are raising their premiums. It is a logical step. The more people that claim, the more likely they will have to payout, the more they will have to cover their risks. As such, insurance companies have raised premium costs as a way of ensuring they have enough money in reserve in the case of any personal injury claims that may be awarded.
This is where the divide in perspective has been encouraged. Some believe this is a completely logical and necessary precaution that needed to be taken by the insurance companies, while others blame the rise in our compensation culture on bogus and ambitious claims. However, in order to cast a bit of positive light on those feeling hard done by when it comes to their rising premiums, think of it this way; should you ever need to make a personal injury claim, you are much more likely to be offered a hefty out-of-court settlement. Whether you agree with this cor not, it is how the industry seems to operate at the moment.
Time to address the fake and ambitious claims we touched on earlier.
While there is no questioning the rise of legitimate claims, there has also been a sudden spike in fake claims too. These are essentially little more than audacious attempts to con the system out of paying them undeserved money, and the recent rise has seen government organisation and insurance companies work together in a bit to stop this trend gaining any more traction. It is worth noting, though, that whilst terms like ‘crash for cash’ have become common terms, the actual figures churned up through detailed research suggest that the rise in fake claims hasn’t been as substantial as hearsay, gossip and the media would have you believe. This means that most of the compensation paid out to victims is done so legally and in spirit of what they truly deserve.
So why the growth in compensation claims?
As with most things in life, we can only offer well-thought out but speculative theories. However, the most dominant of those theories, which accounts for the most substantial reason for growth is to do with introduction of new laws. We now live in a society that is dictated by rules and regulations, and the room to play is not like it was a couple of decades ago. Everything needs to come with a warning, whether that be a do not eat sticker or a not suitable for under 6 sign. In short, our lives are dictated by health and safety regulations. They have just become stricter and stricter with each passing year. The standards have been increased and tightened. But while this was intended to reduce injury, it has had an adverse effect when it comes to injury claims, and that is because employers now have a legal responsibility to protect their employees right across the board and in almost every aspects of their lives. As we all know, though, accidents happen. It does not matter how many precautions you take or how many stickers you cover the windows with or how much training you give out each month; accidents happen. By it’s very definition, an accident is something that happens unintentionally and unexpectedly, yet by enforcing more and more rules we have provided victims with better grounds to sue on.
It is easier to make a claim against an employer than ever before; it is as simple as that. But if that was enough substance to answer the question of why the rise, well, the majority of all personal injury claims are made up of work related accidents or injuries. Put two and two together and we have a rise in compensation claims and a rise in the costs associated with them.
Another spike that has been noted by industry researches has to do with our roads. They have become busier. There are more cars and more cars means a greater chance of accidents and the more accidents the more claims. The biggest of these are whiplash claims, and that is because whiplash is caused by unexpected jolt involving your neck and back. More payouts for whiplash, the more the premiums go up. It is simple math.
Knowing the Law Helps: 7 Facts About Auto Accidents and Your Rights
In the United States alone, 2.35 million people are injured in car crashes each year. Crashes are a $230.6 billion dollar cost to the U.S. economy, averaging about $820 dollars per person. Out of those incidents, only a handful of individuals are provided with legal coverage that is sustainable.
Unfortunately, many are unaware of their personal rights when it comes to car accidents. Personal injury attorneys are professional and educated sources that are determined to make sure you have access to the rights you deserve. Have you been involved in an auto crash recently and want to know your rights? Knowing and understanding the law can help ease the pain of a recent crash and help prepare for the future.
1. Seek Medical Attention
Unfortunately, the adrenaline and anxiety associated with auto crashes often cloud out the importance of self-care. Although you may be worrying about insurance policies, your car damage and possible legal implications, your health should come first. Many insurance companies won’t even consider a possible payout if you didn’t consult a physician post-accident.
Often times, the side effects of even minor injuries gradually occur over time, as the adrenaline from the crash can easily hide surprising amounts of pain. By making your health a top priority, you are saving yourself from a lifetime of pain. In addition, taking those extra steps provides documented support that you are attempting to take care of your potential injuries immediately.
In some cases, seeking treatment after the fact can reflect badly on your case, so it is important to go as soon as possible. There are state-to-state time frame regulations that state how long you have to seek medical attention for your accident.
2. Follow the Necessary Regulations
Often times, many car accidents go unreported due to various factors. However, if you are involved in an auto crash, it’s imperative that you report the incident to the police immediately. They are able to provide adequate support and validity should your accident need legal attention.
If police officers are unresponsive, take the necessary initiative and report the accident to a local fire station. They can also provide you with the necessary documents to prove that you take the legal process seriously.
3. Consult with A Lawyer Prior to Insurance Companies
It is important to consult with your insurance company directly after an accident so as to report the damage. However, many insurance companies are seeking a personal payout for their company. They tend to offer the least amount of settlement money so as to keep the remainder.
Do not accept initial settlement offers from insurance companies. Instead, consult with a personal injury attorney who knows the law and can navigate the system accurately. They are able to deliver your options in a clear and concise manner while consulting with you about your legal rights.
4. Keep Your Records and Remain Organized
Many people stray away from taking photos or even taking personal accounts from eyewitnesses. Although you may be focused on possible injury and potential damage, utilize your resources and document the scene. Although first responders are here to help, they may be too busy with their procedures to document small factors.
Take photos of your car and even record witness statements. You want to have all of your ducks in a row prior to consulting with an attorney. This gives them an adequate amount of information to work with when reporting to insurance companies and fighting for your rights.
It is also important to document all visits to specialists and doctors so as to show your commitment. Keeping track of all costs and correspondence can help your lawyer fight for your case. Make your health a priority and attend all follow-ups and doctor visits. This will show insurance companies that you are serious about getting well. Missing appointments only gives insurance companies a greater reason to deny your claim.
5. Understand Your States Lawsuit Policies
Certain states have different time limits when filing a lawsuit. Some requirements are four years while others only last around six months. It’s important to understand your state’s time frame and oblige. Understanding the rights and auto accident requirements of your personal statement will help to make the process seamless. Filing a claim after the allotted time period can result in missed opportunities for coverage.
6. Don’t Vocalize Speculations
After an auto accident, it’s human nature to place blame or even accidentally admit fault in the heat of the moment. It’s important when asked to record a statement to simply state the facts. If you accidentally speculate or even admit guilt, your words can be held against you when police officers file the report.
If you speculate, your insurance company may hold out on payout or even dramatically decrease the amount. It’s key to never admit fault and allow the scene investigators to handle the reports. This will save your lawyer a lot of time and clean up should your case go to the court level.
7. Personal Injury Attorneys Are Here to Help
Many people may fear to hire an attorney like those at The McMahan Law Firm due to personal perceptions or even fear of costly appointments. However, it is necessary though, to hire a personal injury attorney as they understand the law. They know the in’s and out’s of the legal system and work to place your rights on the forefront. They are able to consult with insurance companies seamlessly and on a professional level to give you the help and payoff you deserve. In addition, many personal injury attorneys don’t require you to pay for the work they do on the case. Rather, they will take a portion of the settlement after the case is won. This saves you the stress of having to deal with possible injury, car issues, and financial instability.
When facing personal injury lawsuits due to an auto accident, there are various details to consider. Having to deal with injuries, medical bills, and pesky insurance companies are overwhelming to the untrained person. Through trained professionals and educational consultations, you are able to receive the payout you deserve.
The importance to have a good quality garage door
Garage doors are outdoor elements which are exposed to open air without any protection. The garage doors repairs are tasks that correspond only to owners and garage doors repair specialists, but we must also bear in mind that there are things that can pose a serious problem like garage doors openers. Quality, atmospheric conditions or materials with which they are made, are some factors that can be determining when it comes to having a door in perfect conditions.
Consumers are increasingly demanding when they choose the doors that give way to their communities, garages or offices. It is no longer sought only to secure enclosures through a door, now people is more focused on its price, operation, aesthetics and, of course, in maintenance.
Nowadays almost 70% of people who have a garage use an automatic system for its operation. This is not only done because of the comfort it offers, something quite obvious because the person does not need to make great efforts to raise and lower the door, as it happens when it comes to manual folding doors. Automatic doors are so much requested for their safety, since through technological advances doors are better prepared and equipped in case there is an attempt to steal, and also for its simple everyday usage.
The car has become one of the elements that most citizens use. Thanks to them, it is possible to move faster and more conveniently to work or to different places of leisure. Due to the wide range of prices in the sector and the diversity of models, it has made it possible for more and more cars to be purchased, which is why it has become one of the most outstanding industries.
As it happens with everything, cars require a series of cares such as repairs, gasoline or reviews, but we must also have in mind that it must be safe and oblivious to any danger, either by human actions or weather conditions. To also ensure your comfort, it is important that you acquire some of the available garage doors to guarantee your comfort as well.
A garage door is chosen according to precise criteria. Above all, it must be functional but also aesthetic to be integrated as best as possible in the building. You don´t have to buy a garage door at random, because the price of garage doors represents an important financial investment, it is used every day and must be practical, it deserves to be chosen with care.
What is the ideal way to not make mistakes? Find a system that is easy to manage and well integrated with the existing framework. These keys are the most important in order to choose the perfect garage door that can guarantee good quality, fantastic security conditions and a good way for the maintenance. It is not a foolishness because in the garage people often save valuable things.
The Most Common Killers Worldwide
While the world is getting more and more populated with the human species, there are also more and more deaths too. And most of the time they have been caused by things that weren’t intended to be fatal.
Here’s some of the most common.
One of the most common killers is from road accidents, whether that be in a car or on a bike, there are crashes that happen every single day. This tends to be due to careless driving from people that are either over the limit and under the influence, driving competitively, or distracted by their phones. While a lot of people are aware of this information, it doesn’t stop the accidents from happening, and lives are constantly being lost. A lot of the time, the accident involves taking innocent lives away at the fault of someone else, that causes them to have an unpleasant death that could’ve been avoided. This is why more awareness needs to be raised with every incident that happens, along with how often they do, because this might give the world a much-needed wake-up call.
Robberies can happen in all sorts of environments, be it at home, in a store, and even on holiday. Robbers tend to target people that seem to have something of value on them, and don’t look as if they’re going to fight back. A lot of robberies do happen when people are on holiday because they’re a lot more relaxed and off guard, because it’s the last thing on their mind while sipping on a mojito. The problem is, they can go wrong very quickly. Most robbers do not intend on killing anyone, they just go in with force to scare the victim, making them easier to take from. But when someone does get brave enough to fight back – that’s where things turn fatal. The robber may end up overcompensating or doing something they hadn’t planned on doing all in the heat of the moment. Not only ruining their own life, but an innocent person’s too.
We all know what cancer is, we see it all over the tv and other forms of media. It’s a disease that comes with a lot of heartache. While there are many different forms of cancers, the grief that they bring to victims and their families can be very hard. Many can be treated with the right drugs and therapy – even surgery. But some aren’t as curable as that, leaving people to end their lives in a lot of pain and discomfort. Cancer can affect anyone, regardless of their age, gender, and lifestyle. There are many different things that are advertised to reduce the risk of ever getting it, but really, the sad truth is that if you’re going to get the disease – you’re going to get it.
There is a lot of negativity in the world, and this is why we should all be doing as much as we can to see the good things. The media highlights a lot of deflating stuff – it’s your job to seek more. – Better.
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