Personal Injury Claims – A Road to Justice

Justice is the word that is associated with all the civilized nations of the world. It is made sure that the culprits and the guilty ones should pay for the wrong deeds they do to others. Law is the most important tool through which the deliverance of the justice is made possible. Personal injury claims are one such channel through which it is made possible. The claimants get the deserving compensation and the guilty ones have to pay for their deeds in form of monetary compensation. These cases are a very important art of the law proceedings all over the world where it is made sure that the victims should be compensated for their pains and the guilty ones should be penalized for their recklessness and neglect.

Personal injury claims involve the petition of those who become the unlucky victims of one or the other type of accident. These victims have to go through a physical injury, mental agony or property damage that are the resultant of that accident which has happened due to the recklessness of another person. These accidents can be the road accidents, the workplace injuries, the cases of falling due to slipping or tripping or the accidents involving the malpractice by any profession like medical malpractice. All these types of accident make a lot of victims turn into claimants seeking the compensation for their losses and pains.

There are specialist lawyers who are there to help these victims. They help these claimants from the basic step of determining the nature of the accident to the final step of getting the justice in form of the grant of the compensation. The specialist lawyers can be found related to the specific genre of the personal injury field. And it is always advised to get the consultancy from these lawyers as they guide the claimants in the best manner and they present the case in the favor of the claimant. There are those lawyers also who offer to file the cases on the no win no fee basis where the claimant has to pay not a penny in both cases- winning or losing.

Settlements are also a way to get the compensation claim and this refers to the off the court settlement between the claimant and the third party insurers. Otherwise, the case is sorted out in the court room. The claimant seeks the compensation for the pains and losses ha has suffered as a result of the accident and this counts a lot for him if he gets this monetary relief.

These personal injury claims are definitely an active channel through which it is made possible for the deserving claimants to be compensated via monetary relief.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

Pricing Predicament

How can I figure out how much to charge for my product or service? What is the highest salary (raise) I can ask for? Talking about money is a thorny issue. Everyone has opinions about it but those underlying concerns are:

-Did I set the price so high that no one will buy? (Is the salary I asked for so outrageous that they will hire someone else)

-Did I give them such a low price that they question my value or did I leave money on the table? (Is the salary I asked for so low that they wonder if I know what is going on in my field?)

This month I had three different experiences that involved pricing.

First my mother showed me a pair of shoes that she got through Medicare. (She is a diabetic and evidently Medicare will pay for one pair of shoes a year.) She told me she would never order them again. Why? Because the doctor charged Medicare $500 for the shoes and she thought that was far too much money. (She watches the government’s money like her own!)

Next a friend told me most of her colleagues were telling her to charge more for her services. She was adamant in her stance that no one was worth what they were telling her to charge. In fact her colleagues were in the same business and commanding the fee they were recommending to her.

Finally in the news once again one of the presidents of a large company here in the US (Exxon) was reported to have negotiated a huge retirement package.

Finding an appropriate price is not easy. There is a lot of psychology in pricing along with some mathematical computation. Sometimes people forget to think about the mathematical piece. The cost of delivering the product or service including the time of the deliverer is important. If you do compute your actual costs you can then add a percentage on top (margin) to give you your profit.

Seems simple but now you’ll need to see what others are providing. How does your product compare with those it competes with? This is the market research part of pricing. If you are negotiating salary for a job, you’ll want to know what others who do similar work get for that job.

Now here is where the psychological factors come in. Price something way above what the competitors charge and you could price yourself out of business – maybe or maybe not. Perhaps your product is like no other that it competes with. In my mother’s case maybe there is only one manufacturer of shoes for diabetics and each pair must be made individually to that person’s specifications? The price may in fact be justified.

Price something way below what the competitor’s charge and it is possible you will be very busy. If you haven’t done the cost analysis, you may find yourself losing money though. Another possibility is that potential customers may question your value. “Why are you so cheap?”

Justification – that is what is necessary. In your sales pitch you will need to tell the potential buyer what makes your product so special. (Why you do charge so much or so little.) If my friend doesn’t really believe that she is worth more than she’ll have a hard time convincing others that she is. Clearly Presidents of large corporations have no problem with their sales pitch and are really good at convincing boards of directors to pay them huge sums.

“Whatever the market will bear” is often the philosophy you hear. It certainly must be the justification of the presidents and CEOs who get big salaries, bonuses and pensions. In my opinion the answer lies somewhere between my friend who doesn’t think she is worth that much and the big company pay outs. That is a place where the business owner gets what he/she is worth and the consumer gets the value he/she expects. For me there is also integrity involved in pricing not just what the market will bear.

Take Action

1. Assess your own work situation. Where are you undervaluing yourself? Write down a list of the benefits you offer to your customer (employer).

2. Check your competitors. What do they offer? How do they price their offer? Compare their offer to yours. How are they alike? What is unique about your offer? How do you tell your customers about that uniqueness?

3. Not unique? Why would your customers choose you instead of your competitors? If your uniqueness is price alone, you are on a slippery slope because there are always others ready to price below you.

Dog Owners Beware

Recently, a New Jersey Superior Court in Mercer County awarded $100,000 in damages to a UPS driver for injuries he suffered while trying to deliver a package. The homeowners’ dog was roaming alone loose on the property, had a history of viciousness, went at the driver, and the driver severely and permanently injured his knee trying to escape.

Also, recently, an unrestrained dog jumped out of its owner’s car window and viciously attacked a woman and her dog. The attacking dog was reported to be a repeat offender.

New Jersey law holds dog owners liable, or financially responsible, for injuries caused by their dog’s behavior in three possible – and very common – scenarios.

First, New Jersey law says dog owners, and only the owners, are strictly liable for injuries caused by their dog’s bite, so long as the victim was lawfully on the property and regardless of the dog’s history.

However, if the dog has a vicious propensity that the owner knew or should have known, then the dog’s owner or even the dog’s keeper are responsible for any injuries caused by the dog – even if not caused by biting and biting was not involved in the incident. Vicious propensity can be proven simply by the dog’s history of biting, jumping, chasing, scratching, or even being overly affectionate or playful. “Down boy!”

And, third, even if the dog did not bite and did not have a vicious propensity, then the owner or keeper may be liable for injuries because they failed to exercise a reasonable degree of care for the safety of others.

Owners have a duty to provide safe premises for those invited onto its property and a duty to control their dogs. It is considered dangerous to allow a dog on your property unleashed, unrestrained or unfenced, or to roam free, unsupervised or in an area where it is likely to encounter strangers. At least a clear warning of the dog’s presence should be posted.

People visit for a variety of legitimate reasons every day: Mail carriers, newspaper carriers, package deliverers, utility & maintenance workers, fundraisers, friends and family. Knowing this, owners must anticipate their dog’s behavior. Dogs protect their turf. They investigate strangers. They approach and greet anyone who enters their turf. Unless the dog is responsibly controlled, preventable injuries are likely to happen.

Even friendly dogs can cause serious injury – unintentionally. A big, friendly dog that gets excited when visitors arrive can knock the visitor down, wrench their back, twist their ankle, or otherwise “kill” them with kindness and curiosity. Just the sight of a large dog on the loose and coming toward a visitor can frighten them into hasty escape and injury. Not everyone shares enthusiasm for dogs, especially a 100-pound German Shepard rushing to say “Hello” … or “Get lost”. And that’s their right.

When dog owners fail to exercise care and visitors are injured, people’s lives can be ruined and courts will impose substantial money damages to compensate victims. Compensation has been recovered for injuries when someone was running from a dog, when someone fell after being chased by a dog, or when someone was knocked to the ground by a dog.

Owning a dog carries special responsibility to ensure others’ safety. If you are a delivery person, newspaper carrier, utility worker, or any visitor to another’s property where a dog is present, and are injured by the dog, you have a right to recover money damages under the law.