In certain accident cases, it’s actually not ideal to pursue the matter in court legally. This can happen where the affected party is partially to blame for the accident or if the claim does not include some damage to the vehicle.

Similarly, if the nature of personal injuries received in an accident is minor, they cannot be claimed in court either. For most other types of accident cases however, a person can claim compensation in court for personal injuries received or damage to the vehicle or personal property.

Making An Injury Claim

Before anything else happens, you or your attorney sends a demand letter to the insurance company or liable parties – it’s highly recommended that an experienced lawyer handle this for you. You can’t file a lawsuit for an injury until your demand or request for compensation has been declined. Typically an insurance company will either accept the claim, counter offer, or deny the claim altogether. In some cases, a demand letter is ignored as a strategy from the claims department in the hopes that you will go away or forget. If your claim is denied, or you can’t agree on a settlement the next step is a lawsuit, however negotiations may continue all the way through trial if your case makes it that far.

Determining Liability in a Personal Injury Case

One of the first questions to resolve in an accident claim is to determine the liability of the parties involved. The person or company that is considered responsible for causing the accident is usually considered liable to compensate the other parties.

The responsibility could be assigned to the one of the drivers, the vehicle manufacturer or any other party that may have caused disruptions to traffic that led to the accident. If it is determined that no parties is directly responsible for the accident, the claim may be compensated through the insurance company of one or both drivers involved.

Witnesses and Evidence

The court will consider any witness accounts and legal evidence presented to the court for determination of responsibility and liability. Police accident reports and surveillance camera recordings are often used to arrive a conclusion. The court uses the following sources to determine liability:

• Photos of physical damage to the car or any other property
• Position of vehicles after the accident
• Police reports
• Medical reports
• Car accident reconstruction experts’ reports
• Forensic evidence
• Witness statements
• Video footage
• The Value of Damage

The party that is held liable for the accident and damage is ordered by the courts to compensate the affected party. The value of compensation is determined based on the loss of property or cost to repair the damage received due to the accident.

In case of a personal injury, the courts may also order the party responsible to compensate the affected person for medical expenses, loss of earnings and any other damages. The court will consider medical expense bills and employer testimony to appraise the value of compensation that should be paid.

Multiple Estimates

Whenever you are trying to recover money for any damages to your vehicle, or claiming medical expenses for any past or future medical expenses, it is always a good idea to show the judge several estimates for cost of repairs, hospital bills or loss of earnings.

Most plaintiffs bring estimates from three or four different car repair shops or hospitals. Multiple estimates help the judge in easily concluding the total cost of damages and ordering the defendant to pay an exact amount of compensation to the affected party.

Working with an Injury Lawyer

Take the time necessary to make a good choice when deciding on an attorney. An experience injury lawyer can make the claims compensation process much easier and faster. Your attorney will gather all the necessary evidence for you and present them to the claims adjuster or as evidence in court if your case goes to trial. Your attorney can also help negotiate with the insurance company, car manufacturer or any other party deemed responsible or liable for the accident. A good, experienced injury attorney can also significantly increase the amount you can receive in compensation.

Children typically get very excited when they see a new, fun-looking place to play, however, some innocent-looking playgrounds can be quite a hazardous place for your child. A playground presents the opportunity to create lifetime memories for children, but also contain dangers that could lead to bad memories and a trip to the doctor that no child looks forward to.

For instance, some local parks have fenced-in areas for dogs to run located near playgrounds. A small child could quickly walk the short distance, stick their hand or fingers through the fence and get bitten by a dog. A playground in a park may have ball fields nearby which may lack protective nets to protect viewers and bystanders from foul balls.

Making playground safety a priority can keep your children out of harm’s way, and build positive memories that will last them a lifetime. Below are ten playground hazards parents should be on the lookout for and tips to provide your child with the best experience!

1. Large Trees and Wind

Anytime there are large trees and wind there’s a chance a tree limb can fall from the tree and strike your child. The same is true with power lines, which can also deliver a lethal electrical shock. Don’t risk it. Take your child somewhere safe to play on a windy day.

2. Broken, Rusted, or Too Large Playground Equipment

Any equipment that isn’t in top form can pose a real danger to your child. Broken or rusted metal could have sharp edges that can cause a deep cut that would need stitches in the ER. Watch out for sharp bolts, screw ends or S hooks with an open end that can snag a child’s skin or clothing.

If there are guardrails on elevated surfaces of the playground equipment, check these for stability. Make sure that your child is not small enough to slip through the rails and fall.

It’s not safe to put a child that is too young or small on play equipment designed for an older, bigger child. Putting a three-year-old on a giant slide, for example, is not a good idea, because the child could easily topple off and get hurt. Even if a child begs to be allowed to go down that big slide, don’t give in to the pressure. Distract them with another safer activity.

3. Ground Hazards

Watch out for tripping hazards on the playground such as large rocks, exposed tree roots, or stumps that protrude from the ground. With toddlers, parents should scout around for such items as cigarette stubs, broken glass, aluminum cans with jagged metal, used syringes and needles, or discarded food lying on the ground.

Parents should be on the lookout for large fire ant hills, wasp or bee nests, or yellow jackets that have nested in the ground near play areas. If woods are nearby, don’t forget to check for the presence of snakes or wild animals.

4. Trash Cans

Be wary of trash receptacles where stinging insects may lurk. Keep an eye on younger children as they may feel tempted to take a swig from a half-empty soda can or nibble on a discarded pastry or candy.

5. Long Clothing, Scarves, or Necklaces

Long or overly large clothing can prove a safety hazard to children, especially on a playground where drawstrings or hoods can get caught on the play equipment and cause strangulation. Long scarves, necklaces, or anything that hangs around a child’s neck can also be dangerous. Hoodies may be fashionable, but these garments can cause serious accidents on a playground.

6. Roller Skating, Biking or Skateboarding

Some parks allow skateboarding and roller skating and may even have skateboard ramps for the older kids. Problems arise when parents of small children let them ride scooters or other wheeled toys down these large ramps. Many lawyers for children report that a small child is usually not capable of recognizing danger, so they beg to participate in potentially hazardous activities until eventually, the parent relents.

Older kids on skateboards, rollerblades, or roller skates can also carelessly run into smaller children, knocking them down and injuring them. Keeping small children well away from skateboarders, roller skaters, or bike riders in public parks and playgrounds can help keep them safe.

7. Frisbees, Boomerangs, and Drones

Lots of children like to throw frisbees, and boomerang-like toys and they are a lot of fun, but the enjoyment abruptly ends when someone gets hurt. If older kids are playing with these types of toys, keep your younger child out of the way to avoid accidental injuries, especially to the head and eyes.

Now that more people are flying drones realize these flying machines can pose a threat to a small child. It’s not a common occurrence, but drones can drop from the sky unexpectedly. If they strike a child, they could cause a severe injury.

8. Hard Surfaces

If a playground uses cement, asphalt, or gravel or other hard surfaces under playground equipment don’t allow your child to play there. Falling on such a surface can cause a very serious injury, such as broken bones, not to mention bruises and scrapes.

9. Fences Near a Busy Street

If the playground faces a street, make sure there is a sturdy fence with no breaks or holes where a child can slip through unnoticed and run into the street. Take the time to ensure your young child is safe and protected.

10. Bodies of Water

Parents should take special precautions if there is any form of water nearby. A small child can drown in just a few inches of water, so if there are creeks, small ponds, fountains, waterfalls or other forms of water without a fence around it, make sure to keep a close watch on your child.

Make Playground Safety A Priority

Many lawyers for children recommend instructing your child on the basics of playground safety at a young age and advise parents to always maintain proper supervision when young children are at play. Proactive awareness regarding these ten playground hazards is the best way to build great memories with your child. For more information, parents can obtain a Handbook for Playground Safety published by the US Consumer Product Safety Commission for more detailed information.