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Be More Aware Of Winter Driving Hazards, Warns Solicitor

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The numerous crashes earlier this week on the regions motorways has prompted a local personal injury claims solicitor to remind motorists that extra care is needed throughout the long winter days and nights.

“Throughout the autumn and winter months, the weather conditions, darker days and nights, spark a hike in the number of road traffic accidents throughout the UK,” said Mr Cuerden of PHC Law Ltd.

And he said that a “frightening” rise in personal injury claims is usually seen at this time of year, due to a variety of causes, including speeding, drink-driving, and driving carelessly.

Mr Cuerden said: “I would urge all drivers to slow down, abide by the law and stick to the speed limits on the side streets, in residential areas, as well as on main roads and motorways.

“Check your blind spots and always be aware of other road users around you, especially motorcyclists, pedestrians, the elderly and young children.

“Make sure you are alert at all times while driving, and take a break if at any point you feel tired. Don’t get behind the if you have had a drink too many. Drive carefully and consider other road users around you.

“It is easy to make assumptions that ‘it won’t happen to me’. Even the most experienced of motorists can become complacent.

“Drive carefully, and ensure you take care of your own well-being as well as for others.”

Mr Cuerden is the owner of PHC Law personal injury solicitors, based in Preston, Lancashire.

If you have been injured in a road traffic accident and would like more information about how Mr Cuerden and his team can help, visit www.phclaw.com or call 0800 612 7 612.

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Understanding Domestic Partnership Law

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The concept of a domestic partnership, a legal agreement between two unmarried people involved in a romantic relationship is a fairly new one. Yet it is an important one that every person involved in such a relationship needs to understand.

A domestic partnership is not a marriage but it does involve many of the same rights, obligations and legal concepts. The basis of such a partnership is a legal agreement or contract between people. The contract determines what rights and obligations the partners have.

For example it state what property belongs to which partner and what accounts they have access to. The agreement might also cover one partner’s business or business activities. It could specify that the other partner has no involvement in the business or establish his or her rights to business property. The agreements involved could cover child custody, a mutual home, real estate, investments, retirement investments and anything else.

How to Set up a Legally Binding Domestic Partnership Agreement
There are very specific limitations to such an agreement so it is important that it be drawn up by an experienced family lawyer in Alpharetta. Such a professional knows how to draw up such agreements and to make them legally binding. To be legally binding such an agreement must take the written statutes and case law into account. A good attorney will understand these and make sure the contract complies with them.

The agreement also needs to take the couple’s situation into account. For example their sexual orientation, whether they have children, what property they own, what investments they have and what business activities they are engaged in. Without such an agreement it can be hard to establish ownership to a partner’s property if he or she dies or becomes incapacitated.

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The Forensic Accounting Deskbook: A Practical Guide to Financial Investigation and Analysis for Family Lawyers is published by the American Bar Association

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The American Bar Association has published The Forensic Accounting Deskbook: A Practical Guide to Financial Investigation and Analysis for Family Lawyers. Authored by Memphis divorce attorney, Miles Mason, Sr., JD, CPA, The Forensic Accounting Deskbook is an easy-to-follow introduction to the world of forensic accounting and managing divorce litigation involving complex assets. Written primarily for family lawyers, forensic accountants and individuals going through divorce can also learn how to recognize when an opposing spouse might be manipulating financial records and sharing misleading disclosures. It may be purchased over the Internet from the ABA’s store, or see www.ForensicAccountingDeskbook.com for a quick hyperlink.

Miles Mason, Sr. JD, CPA, practices family law exclusively in Memphis, Tennessee with his firm, Miles Mason Family Law Group, PLC. He has presented many seminars at national and regional conferences on forensic accounting, business valuation, and divorce on topics including discovering hidden assets, reviewing financial statements and tax returns, and complex litigation. Mr. Mason is a member of the American, Tennessee, and Memphis Bar Associations’ Family Law Sections, American Institute of Certified Public Accountants (AICPA), and Tennessee Society of CPA’s.

He serves the ABA Family Law Section as Liaison to the AICPA and is past chair of the Tennessee Bar Association Family Law Section. Please see www.MemphisDivorce.com for more information.

Randall M. Kessler, Atlanta divorce lawyer and Chair of the American Bar Association Family Law Section, says in his Foreword: “From the beginning of the book all the way through to the very end, Miles makes it easy to understand the often complex subject matter he discusses, while at the same time making you aware of how much more there is to know. He then feeds it to you like spoon-feeding a baby. From the basic concepts and practical sample deposition questions to forensic accounting methodology and techniques, this book is a must-have for any practitioner of family law who handles cases involving contentious financial issues—and who doesn’t?”

In divorce, the opposing spouse’s submission of false financial information can adversely affect a person’s property division, child support, and alimony. Financial documents and accounting concepts are at the core of all asset identification, classification, and valuation, as well as income determination. The Forensic Accounting Deskbook connects the dots and fills gaps among the interrelated topics of written discovery, depositions, schemes to defraud, manipulation of company books, expert witness reports, forensic accounting methodology and techniques, financial statements, tax returns, stock options, pensions, and trial testimony.

Forensic accountants will benefit from reading The Forensic Accounting Deskbook by adding depth of knowledge to why their services are needed, the procedural rules and discovery opportunities involved with their work, and how to better sell their services. The book informs family lawyers about the mechanics and details of direct and cross examination, professional standards, and ethics. These are all topics forensic accountants should know cold, but many don’t. Included in the book are several sections of detailed sample questions and answers for the aspects of deposition and trial testimony that are common to many types of forensic accounting engagements.

Individuals going through divorce may also find The Forensic Accounting Deskbook helpful because the book is written for lawyers who do not have expertise in finance and accounting. The book’s central focus explains the roles performed by family lawyers and forensic accounting experts in litigation, as well as the process of litigating a divorce involving complex financial issues. A higher level of understanding of the financial aspects of divorce can only lead to making better decisions.

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Changes in the World of Family Law

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The world of family law is a constantly changing one that affects all families regardless of race, creed, color, class, income level or sexual orientation. New legal issues arise everyday and older ones become more and more complex.

As the world of family law changes and becomes more complex, families are more in need of a good family law attorney in Athens than ever before.

In today’s world, even simple legal matters can lead to complex court battles that can strip families of their rights. Many families make the situation worse with do it yourself law. The fastest way to annoy a judge and turn a court against you is with do it yourself law. Yet, that is what families do every day in issues ranging from adoption to domestic partnerships to child custody to probate matters.

In many cases courts will simply throw out any legal document filed by such do it yourself lawyers. They may also ignore persons without legal representation. That can put families at a disadvantage particularly when they are unfamiliar with courts and the law and do not understand the situation.

Get a Lawyer from the Beginning

The best solution is to get a lawyer from the beginning. The minute a legal issue arises a family should consult a family lawyer in Athens. Even if only one consultation is needed it can save you a fortune. If legal documents are prepared right and filed right the first time, they are less likely to be successfully challenged or thrown out by the courts.

The attorney can also alert the family to other issues that they may not be aware of. For example: potential challenges or questions or legal requirements that they may not know about. Such problems can arise even in seemingly simple matters like adoption.

Whenever a family starts a complex legal process such as adoption or an application for child custody they will need an attorney to protect their rights. Our court system only respects the rights of those who fight for them. Persons who leave themselves at the mercy of the courts will often find themselves stripped of their rights.

There is no reason for any family to see its rights trampled in a simple matter like an adoption. The law exists to protect everybody equally including gay, lesbian, bisexual and transsexual people. Unfortunately the law only protects you when you use it. If you do not use your legal rights will lose them.

Therefore families need to have attorneys to protect their legal rights in the always changing world of family law.

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Russell Jones & Walker Views Future Of Personal Legal Services As A Battle Of The Brands

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Russell Jones and Walker Solicitors view the future of personal legal services as a ‘battle of the brands’ and believes it is best placed to capitalise on this through extensions of its market leading personal injury name ‘Claims Direct’.

Independent research shows that Claims Direct is the best known name within the personal injury sector with double the unprompted brand awareness levels of its nearest rivals. As such Russell Jones and Walker plans to use this recognition to promote Claims Direct in the other areas of personal law that it already has strong expertise in. This includes employment and family law, wills and possibly even conveyancing.

“The public recognise few legal brands currently but that is all set to change with the introduction of alternative business structures next year.” Neil Kinsella Chief Executive of Russell Jones and Walker said. “This will give well-known high street names the opportunity to compete directly with Solicitors and we, at Russell Jones and Walker, have been developing our strategy since the review which led to the Legal Services Act. This included the re-launch of the Claims Direct brand in 2007 with a multi-million £ above-the-line and digital campaign.”

The Legal Services Act enables people other than those qualified as solicitors to own a law firm with the Solicitors Regulation Authority approved to be its regulator. However, the original October start date for licensing these businesses had to be delayed and it is now thought this will start in January 2012. Organisations including retail brands such as the Co-Op and insurance companies including D.A.S. have already stated their intentions to offer legal services and many believe others are queuing up. This influx of known brand names into a largely unbranded and fragmented legal sector has commentators suggesting this could lead to a significant number of smaller high street law firms closing down within the next three years.

Kinsella believes this presents Russell Jones and Walker with an ideal opportunity. “Recent Russell Jones and Walker research shows that people now know and trust the Claims Direct name and have said they would be happy to contact it about legal issues other than their personal injury claims. We intend to offer them this option.”

With over 85 years’ experience, Russell Jones and Walker Solicitors are considered one of the UK’s leading law firms with over 420 employees in 10 offices nationwide. Its focus has always been to provide accessible, affordable legal services for individuals. Neil Kinsella is one of the country’s leading commentators on the changing face of the legal profession and aims to ensure that the firm remains at the forefront of it irrespective of the likely new competition.

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Business Intelligence can Prevent Fraud and Embezzlement Overseas

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It is all too easy for a company or entrepreneur that does business in foreign countries to get ripped off. Fraud, embezzlement, identity theft and other kinds of white color crime are all too common in many nations. To make matters in some countries the authorities will either be actively involved in such crimes or cover them up.

Governments cover up such crimes for many different reasons including encouraging investment and protecting the national reputation. In undemocratic countries it can be very hard for foreign businesspeople to tell if such crimes are going on. Authorities often go to great lengths to hide such shenanigans which can make it difficult to know whether it is safe to do business or not.

Fortunately there are profile services that can help individuals and companies know if it is safe to invest or do business in a country. These organizations are business intelligence companies, they gather intelligence for business much like intelligence agencies gather information for governments. Many business intelligence agencies employ former agents of the CIA and other intelligence services so they can gather a large amount of information that is not normally available.

Many of these agencies specialize in investigating business climates in specific nations. They actually employ specialists whose job it is to spot fraud and corruption. This can help a company avoid such pitfalls. These companies can prepare a comprehensive report about a particular nation and the risks a company can run by doing business there. They can also help investigate fraud after it occurs.

When attorney Howard Fensterman sued certain individuals in Abu Dhabi over alleged fraud he hired such a company to do an investigation. Fensterman’s clients claim they lost $18 million in a business deal in the UAE. Had they hired such a company beforehand they could have avoided such losses.

The risk of being defrauded when you do business overseas is much greater than many entrepreneurs believe. Therefore it is always a good idea to hire professionals who can help you identify the dangers and show you how to avoid them. In addition to alerting a company to the dangers of fraud, a business intelligence firm can tell its management team what measures they can take to avoid to the danger. That can save a company tens of millions of dollars and help it do business in an honest and ethical manner even in a foreign nation.

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Preston Solicitor Welcomes Tough Line From Justice Ministry in Rooting Out Rogue Accident Claim Firms

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Preston Solicitor Welcomes Tough Line From Justice Ministry in Rooting Out Rogue Accident Claim Firms.

Ten times more accident claims handling specialists were forced to close for breaching the rules regulating their trade in 2010/11 than in the previous year, the Ministry of Justice (MoJ) has announced.

Licences were withdrawn from 349 firms in 12 months, compared to 35 the year before.

Some had been shut down for serious transgressions, such as fraud, and using misleading marketing and aggressive sales techniques, according to Kevin Rousell, from the Ministry’s claims management regulation unit.

And the tough line has been welcomed by Preston-based personal injury solicitor Craig Porter, of PHC Law.

He said: “It is disappointing to learn that there are so many companies who are in breach of the regulations on our business which are intended to safeguard the interests of our clients.

“We deal with many personal injury victims on a daily bases, and for some of these the consequences are very severe.

“The overriding objective of any reputable, genuine firm is to attend to the needs of the person who has sustained an injury as a result of someone else’s negligence.

“We therefore believe that action needs to be taken against companies which breach the rules and regulations of the MoJ.”

PHC Law receives most of its work through referrals and recommendations, and as Craig Porter points out: “What distinguishes personal injury solicitors like PHC Law from claims management companies is our experience, expertise, and our client care – but, most importantly, we, along with many other firms, are regulated to the most stringent of standards.”

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PHC Law Secures £9,000 Compensation For Ladder Fall Victim

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A barman who fell from a ladder while taking down a promotional banner has secured £9,000 in damages for his injuries.

With the help of expert personal injury solicitors from Preston-based company PHC Law, the man won the settlement after negotiations which took place following the man issuing legal proceedings against his employer.

During those negotiations it emerged that the accident, in which the man broke his right heel bone, happened despite his immediate superior being stood at the bottom of the ladder at the time watching the work being done.

As he climbed down the ladder, the victim reached for the banner, but slipped and fell to the ground.

When the case was brought, his employers tried to reduce their liability by claiming that the man’s negligence had contributed to the accident, and that he was aware of the risk of an accident happening.

But his legal representative, John Cooper, successfully argued that the man had been simply following the instructions given by his supervisor, and the bar’s manager.

Mr Cooper said that the employer had been right to admit liability, and added: “It is the employer’s responsibility to ensure the safety of their employees at all times and in this case, they were found to be negligent.

“The claimant’s employers were ultimately responsible for accessing, planning and ensuring that work being carried out done safely, using suitable safety wear and equipment.”

He concluded: “It has taken three years to settle, but both my client and I are very pleased with outcome.”

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PHC Law Recovers £400,000 Damages For Motorcycle Accident Victim

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The Claimant suffered an exceptionally severe leg injury including compound fractures to the tibia and fibula extensive degloving together with damage to the right knee. In order to prevent infection in the lower leg a transplanted muscle from the Claimant’s back was made and attached to the leg. The result was an exceptionally deformed looking leg. The Claimant underwent a number of further procedures because the accident had caused associated injuries to the toes, tendons, ankle and knee. Only after the injuries had thoroughly settled and no other further surgery was contemplated did the Claimant undergo plastic surgery to reduce the cosmetic abnormality in his lower leg.

After a lengthy period of absence from work the Claimant returned to his pre-accident employment as an engineer and continued to be restricted in the hours of work which he could manage and the extent to which he could manage lifting and standing up at work.

He suffered psychologically as a result of the accident. He received therapy and improved significantly. His long held ambition was to join the Police Force. His prospects of doing this were eliminated by the injuries sustained in the accident.

Expert evidence was obtained from a range of medical experts including orthopaedic surgeon, plastic surgeon and consultant psychiatrist.

The Defendants made a number of inadequate offers as the matter progressed. Eventually settlement was achieved at a joint settlement meeting when the Claimant accepted the Defendants’ offer to pay a total of £400,000.00 damages inclusive of interim payments and CRU. Interim payments totalling nearly £60,000.00 had been made by the Defendant to the Claimant during the course of the action.

The Claimant who was very disturbed by the accident suffered a great deal emotionally and physically subsequently as he sought to come to terms with the gross cosmetic abnormality caused by the accident and a series of operations. He was distressed at his inability to make a full recovery and that his ambition of becoming a Police Officer had been permanently thwarted.

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PHC Law Recovers Over £500,000 Compensation For Accident At Work Claimant

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PHC Law Recovers Over £500,000 Compensation For Accident At Work Claimant

The Claimant claimed damages for an accident which occurred on 6th December 2005 when he was 42-years old. He was required to move a completed lorry by means of a hand operated electrically powered “dead man truck”. His left foot/lower leg was trapped and crushed by the truck causing very serious injuries including compound fractures to the left tibia and fibula, a fracture dislocation of the ankle and a fracture of the calcaneum.

The Claimant has suffered a very serious injury and underwent three operations in quick succession his treatment involving external fixation and skin grafting. The Claimant did not make a good recovery and suffered multiple corrective operations – a total of 13 to date of settlement.

Although the Claimant attempted to return to his work as a motor engineer the effect of ongoing pain and disability made this impossible. He was unable to do manual work from a standing position and work involving weight bearing. He was equally unable to manage sedentary work due to swelling and increased pain caused by being seated.

Expert evidence was obtained from a Consultant Orthopaedic Surgeon. The Defendants obtained orthopaedic evidence from two other specialists.

Settlement was necessarily delayed to enable a proper assessment of the full extent of the Claimant’s ongoing disability together with his future limitations on the labour market and domestically.

The matter was dealt with co-operatively throughout between the parties and the Claimant was voluntarily provided with interim payments by the Defendants.

The Defendants initially offered £110,000.00. This offer was rejected by the Claimant. The Defendants then offered £400,000.00 in January 2011 which was rejected by the Claimant. The Defendant subsequently reduced this offer to £380,000.00. Both parties wished to seek disposal of the claim by joint settlement meeting. As the date for the meeting approached the Defendants disclosed surveillance evidence which required most careful consideration by the Claimant and the Claimant’s legal advisors.

In the event the matter was settled by way of joint settlement meeting on 21st July 2011 for the total sum of £568,330.28. Settlement was inclusive of £49,000.00 interim payments and £19,330.28 payable to the Department of Work and Pensions in respect of refundable benefits.

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Where Fraud Victims Need To Go For Help

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Unfortunately fraud victims are often the forgotten victims in our justice system. There are often no support groups or counselors for them. Nor are there many places where they can go for help.

Strangely enough the more complex the fraud is and the more money involved, too often, the less likely the victim is to receive to help. This does not mean that help is not available. It simply means that fraud victims are looking for help in the wrong places. In most cases, “getting help” starts with fraud victims helping themselves.

The first place to go for help if you loose a lot of money in any sort of scam is not to the prosecutor or law enforcement, but to an attorney. Find a lawyer who has a lot of experience in the field. In some cases, these attorneys will only charge for expenses and a low retainer. In these cases, they will take the largest part of their fees as a percentage of the settlement.

File such a suit even if the fraudsters are operating outside the US . You should do that because you might be able to get money from them if they return to the US or have property or assets here. Attorney Howard Fensterman sued a group of businessmen in Abu Dhabi who allegedly stole money from a group of Americans trying to organize an insurance company there.

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What You Need to Know About Alimony in Alpharetta

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Alimony is one of the most misunderstood legal concepts and it can also be a confusing and frustrating addition to your life. If you are getting divorced you could be forced to make alimony payments in Alpharetta. That means part of your salary or business income could go to your ex spouse.

The only way you can have control over the alimony that will pay will be to hire an attorney to look after your interests. If you are not represented by a lawyer the judge and worse your spouse’s attorney will be the ones making the decision. That means you could needlessly loose a large portion of your income to such payments.

It means that you might not be able to take out mortgages or car loans in the future because part of your income is going out in the form of alimony. It also means that you could have a hard time getting business financing that you need or paying your bills. Alimony can be garnished directly from your salary or bank account.

Alimony payments in Alpharetta could substantially reduce your income and force you to make major changes to your lifestyle. Fortunately there are some actions you can take to reduce alimony. You and your attorney can sit down with your spouse and his or her attorney and negotiate a fair rate of payment.

You might even be able to avoid alimony entirely by equitably dividing up assets or making other arrangements. Yet will not know what your rights are if you do not have an attorney advising you.

Something to remember is that neither the judge nor your spouse’s lawyer will look out for your rights in regards to alimony. Only your lawyer will be able to do that for you.

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Taking the Hassle and the Guess Work out of Adoptions in Alpharetta

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Adoption can either be easy or it can be hard depending on how you do it. Fortunately there is a way to take a lot of the guess work and hassle out of adoptions in Alpharetta, hire a lawyer to handle the paper work. An attorney who is experienced with child custody and adoption cases can make the process faster and simpler.

For example the lawyer will know exactly what paperwork you will need to file and where to file it. He can also when you need to file it and how to file it. Beyond paperwork the attorney can know what objections you might face and how to overcome them. Attorneys can help persons do not meet traditional parental stereotypes including gays, singles and older persons adopt.

They can also help people navigate the legal maze that often surrounds overseas adoptions. In many cases adoption agencies and brokers will not tell you what perils might be standing in your way. Nor is there any guarantee than an agency has done its homework, filled out the right paperwork or met the legal qualifications.

In many cases the well-meaning volunteers at adoption agencies will not do that. Instead they will use one size fits all forms and little else leaving parents to handle the legal problems. It is entirely possible that there could be legal issues surrounding the adoption you are unaware of. You might not find out what they are until a summons server knocks on your door.

Bringing home a child and creating a home for him or her can be difficult enough so new parents may not have the time to take care of all the legal implications as well. In such a case a good lawyer with a lot of experience in adoptions in Alpharetta can be a lifesaver. He or she can take care all of the paperwork and legal details leaving the parents free to concentrate on their child.

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Osbornes Solicitors LLP Receives Quality Mark From Law Society’s Quality Conveyancing Scheme

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Osbornes solicitors, based in Pratt Street in Camden, is pleased to announce that our application to become a member of the Law Society’s Conveyancing Quality Scheme has been successful. The Law Society’s Transaction Conveyancing Quality Scheme (CQS) is a quality standard for residential conveyancing practices.

The Conveyancing Quality Scheme was launched in January 2011, since when over 900 law firms have applied for the quality mark. Out of these firms fewer than 300 have been admitted thus far.

The CQS is a scheme designed to give clients (buyers, sellers and lenders) confidence in the standard of conveyancing work they will receive by providing a recognisable kitemark for accredited conveyancing firms. It is based on a new Law Society Protocol which aims to achieve consistent standards across the sector in order to speed up the conveyancing process and provide more certainty for buyers and sellers.

Jan Atkinson, Partner and Head of the property law Department at Osbornes commented:

“Receiving this quality mark from the Law Society strengthens the existing reputation that our property team has of providing high quality advice and service to its clients. This independent quality mark from the Law Society demonstrates that the members of the property team at Osbornes provide an expert service to their clients.”

For further information about this quality mark and to find out what property services we offer clients please contact Maria Elliot or Justine Simms on 0207 485 8811. Alternatively you can e-mail on mariaelliot@osbornes.net or justinesimms@osbornes.net. You can also visit our website at www.osbornes.net.

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Office of Inspector General Is Aggressively Asserting Its Authority to Exclude Owners, Officers and Managing Employees of Sanctioned Entities From Participation in Federal Health Care Programs

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“The longstanding but little-used authority of the Office of Inspector General (OIG) to exclude from participation in any federal health care program, such as Medicare, any officer or managing employee of a health related entity that has been convicted of certain legal offenses, should now be top-of-mind for all general managers, business managers, administrators and directors of today’s health care facilities,” says Patrick Formato, a partner at Abrams , Fensterman , Fensterman, Eisman, Greenberg, Formato & Einiger, LLP (Abrams Fensterman).

Reflecting on his recent participation at June’s Annual Meeting of the American Health Lawyers Association, Formato is reaching out to his clients with a stern warning: “The OIG is becoming increasingly aggressive in targeting owners, managers and boards of sanctioned health care facilities. These individuals must keep a finger on the pulse of what is going on in every phase of their organization and they must be proactive about reporting their concerns.”

Formato notes that exclusions under section 1128 (b) (15) of the Social Security Act are based upon the individual’s role or interest in a company that is excluded or is convicted of certain offenses. Individuals who have an ownership or a control interest in a sanctioned entity may be excluded if they knew or should have known of the conduct that led to the sanction. Officers and managing employees may be excluded based solely on their position within the entity.

“There is a higher standard for exclusion of an owner,” Formato points out. “The relevant statute requires evidence that the owner knew or should have known of the conduct that formed the basis for the sanction. In cases involving officers and managing employees, the statute includes a no knowledge element. The OIG therefore has the authority to exclude every officer and managing employee of a sanctioned entity.” says Formato.

“As a practical matter, the OIG does not intend to exclude all officers and managing employees,” Formato notes. “But where the evidence supports the fact that a managing employee knew or should have known of the conduct, the OIG will probably operate with a presumption in favor of exclusion.”

“Abrams Fensterman has one of the largest health care legal practices in New York state, representing approximately 125 nursing homes, a large number of medical groups and individuals in a variety of complex health care-related matters,” says Howard Fensterman, Managing Partner of Abrams Fensterman.

“Some of our clients include physicians, medical societies, ambulatory surgery centers, diagnostic and treatment centers, hospitals, imaging facilities, dentists, podiatrists, chiropractors, early intervention agencies and other health care providers,” Fensterman notes.

“This experience has led to our health care lawyers lecturing at bar associations, professional organizations, hospitals and colleges. At these meetings and through direct communications, Pat Formato and I, along with our entire senior health care-specialist team, will be underscoring what is clearly an environment of increased enforcement on the part of the OIG that is specifically related health care fraud. We want our clients to be proactive, diligent and aggressive so as to prevent legal action against their health care entities and the possibility of being sued and personally excluded from future participation in the industry,” says Fensterman.

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Preston Injury Solicitors Highlight Work Related Accidents Numbers In Lancashire

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More people are injured in work related accidents in Lancashire than in any other areas throughout the North West, or the whole country, according to a new analysis of official data by the Chartered Society of Physiotherapy (CSP).

Last year there over 10,000 injuries in the workplace were reported due to slips and trips, estimated to cost businesses a total of £521,000,000.

In so many cases, these types of accidents could easily be prevented if the correct action has been taken by the employer.

In Jan 2011, the Health and Safety Executive (HSE) released a plea to employers to make health and safety a priority going forward.

According to the Health and Safety Executive, in 2010 more than 300 work related incidents occurred across the North West each week, an annual total of 16,385 people being injured or resulting in fatal accidents.

The HSE hope this figure will be a reminder to employers and staff to make their workplaces safer moving forward and drastically improve casualty rates.

In 2010 the Health and Safety Executive prosecuted North West firms for 100 breaches for health and safety legislation, taking action against hundreds of businesses by issuing them with Prohibition and Improvement Notices.

David Sowerby, Regional Director for the North West said:
“Behind these statistics are the real life stories of thousands of workers suffering injuries and ill health. Together with their families, they have to deal with real hardship, pain and suffering.

“The New Year is an opportune time to reflect on the number of incidents in the past 12 months, and to take positive action to improve conditions in workplaces. “The main causes of fatal incidents nationally remain falls from height and from workplace transport, with the highest numbers being found in the construction and agriculture sectors. For other injuries, slips and trips and incidents affecting the back and upper limbs are the most common cause.

“Most of these injuries are entirely preventable. We implore businesses to take practical action to manage the risks people face in their day-to-day work.” Britain boasts one of the best health and safety records in Europe but with 180 workplace deaths nationally last year, HSE says there is still much to be done.

Dr Sowerby added:

“Simple measures, including the assessment of workplace risks to identify improvements, and providing training and instruction to workers, can and do prevent many incidents. Involving the workforce in this process has been shown to have significant success.

“HSE works with a number of partners to provide free advice and guidance to those both carrying out and managing work. We want businesses and the self-employed to work with us to help reduce injuries and make the North West a safer and healthier place to work.

“Every employee has the right to return home from work safely and without their health affected and I hope all employers in the North West share that view and take steps to ensure that is the case.”

Many people who have suffered a work related injury go onto seek the legal advice and guidance from a personal injury solicitor about pursuing an accident at work claim.

Lancashire based personal injury firm, PHC Law Ltd, help thousands of people every year throughout the North West and the UK to recover from injuries they have sustained whilst at work, recovering millions of pounds in compensation.

A spokesman from PHC Law said: “If someone has suffered an accident at work within the past three years, they are entitled by law to seek the legal advice and guidance from a personal injury solicitor. It is their employer’s duty of care and responsibility to ensure the health and safety of their employees. Employers who are found to be in breach of this are breaking the law”

“In this climate, many people feel reluctant to pursue a claim for compensation, fearful of losing their jobs if they made a claim, or concerned about the financial loss they will suffer because they are unable to work”

“We help thousands of people throughout Preston, the North West and the UK, recovering compensation for the pain suffering and affect the injury has had on their day-to-day lifestyle and also access the compensation amounts they are entitled to for any financial loss they have suffered. Severe injuries can often be disabling, affected their future employment prospects and lifestyle. Not only do we set out to achieve the maximum amount of compensation they deserve, we also arrange for any medical rehabilitation they might require and access their financial circumstances, recovering compensation for any financial losses they have also suffered”

PHC Law Ltd are one of the UK’s leading ‘No win, No fee’ solicitors. For more information, please visit phclaw.com or call free on 0800 612 7 612.

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PHC Law Supports RoSPA’s Lighter Evening Campaign

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RoSPA has been calling for many years for a move to a system called “Single/Double Summer time” (SDST), which would put the clocks one hour ahead of GMT in winder and two hours ahead of GMT throughout the summer months.

The campaign has been launched to improve road safety and the number of fatalities and people that are injured on the roads, being the key aim behind RoSPA’s campaign.

Research found a move to SDST could reduce road death by around 80 per cent every year and serious injuries by around 212 per year.

A spokesperson from PHC Law personal injury solicitors said:

“Our Road Traffic Accident Solicitors recover millions of pounds in compensation every year from people who have sustained a whiplash injury, been involved public transport accidents through to pedestrians and cyclists who have been involved in an accident”.

“The main benefit of SDST will help to protect not only motorists and pedestrians but vulnerable road users like children and the elderly, making them more visible to motorists”

“Children are often a high-risk in regards to road traffic accidents, they tend to go straight to school in a morning but often participate in after school activities, increasing their exposure to road dangers in the evenings. It is vital in any case for motorcyclists and pedestrians to ensure they can be seen and for motorists to watch their speed and be aware of vulnerable road users like pedestrians, children and the elderly at any time of the day or night”

“If SDST is enforced, hopefully this will drastically improve the amount of people who are involved in road traffic accidents each year, especially children”.

Tom Mularkley, RosPA chief executive said: “We need to keep the momentum behind this long-running campaign. In view of the reports published in 2009, plus casualty data, we will continue to call a change which, we believe, would save lives and reduce injuries.

“More pedestrians are killed and injured in the afternoon and early evening than in the morning. Therefore, by moving to SDST, vulnerable road users like children walking home from school would have an extra hour of daylight in which to make their journeys.

“It is time for the issue to come off the shelf and for the full implications to be considered.”

RoSPA recommends a trial is run for 2-3 years to provide objective, up-to-date evidence about the effects of SDST, also recommending that it would enable the public, industry and business sectors to experience the change for themselves.

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Prominent Labor Litigation Economist Joins BLDS, LLC

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Labor Economist Christopher Erath, Ph.D., has joined the national statistical and economic consulting firm BLDS, LLC as a director. Dr. Erath will consult with BLDS clients on issues arising in litigation, including class-action certification, liability in employment-discrimination claims, wage-and-hour claims and economic damages. Dr. Erath has written extensively on labor and employment litigation and has testified on labor and employment issues in over 30 matters.

Bernard R. Siskin, Ph.D., founder and head director of BLDS, LLC, said Dr. Erath affords BLDS clients added depth. “In addition to significant experience in the analysis of statistical liability and damages in labor matters, Dr. Erath has directed research on antitrust issues, including patent-infringement damages. He also has significant experience in regulatory hearings. He is a welcome addition to our firm.”

Dr. Erath previously served as senior vice president of NERA Economic Consulting. He earned his doctorate in Economics at the University of Wisconsin.

About BLDS, LLC: For nearly 40 years, the nationally recognized statistics and economics experts of BLDS, LLC have advised law firms and their clients — including Fortune 500 corporations, government agencies, and privately held enterprises — on a wide variety of issues requiring quantitative expertise and coherent explanation.

Led by Bernard R. Siskin, Ph. D., BLDS statistical experts provide independent expert analysis in applied statistics and effectively communicate both the results and implications. They have been retained in matters of employment discrimination including hiring, promotion, compensation, reductions-in-force, and class action certification. BLDS experts are frequently retained to analyze the work force impact of planned management actions in an effort to minimize litigation exposure.

BLDS’s rigorous statistical approach has also been applied to questions of credit discrimination, wage and hour disputes, and insurance issues.

BLDS economic experts provide litigation support and advisory services on economic damages in commercial, employment and tort actions. They are also recognized experts in business valuation theory and practice, including valuation discounts and premiums.

BLDS experts have been appointed by courts as neutral experts and have testified before arbitration panels, and in federal and state courts, including the Delaware Court of Chancery.

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Qualifying Period for Unfair Dismissal

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Moves are afoot to increase the qualifying period for unfair dismissal from one to two years. The government believes this will encourage economic growth by giving businesses more confidence when they consider taking people on.

According to the government, the emphasis is on employers and employees having longer to resolve any differences and to avoid situations where employers bring the employment relationship to an end earlier than necessary.

The reality of the situation however, is that increasing the qualifying period for unfair dismissal from one to two years will undoubtedly empower employers to dismiss staff more readily. To this extent, some commentators argue that it will become a charter for businesses to sack people unfairly – and this means a wealth of new work for employment solicitors like Thomas Mansfield.

Another concern presented by the increase in the qualifying period is that it may disproportionately affect younger employees. Research on the subject suggests that half of the three million employees affected by the proposed change are under the age of 35. And while nearly half of all those under 20 currently qualify for unfair dismissal protection, this figure would fall to one in five under the government’s proposals.

Any government-enacted legislation increasing the qualifying period must comply with the Equal Treatment Framework Directive, which outlaws age discrimination and specifically indirect age discrimination. This discrimination occurs when an apparently neutral provision, criterion or practice puts people of a particular age at a particular disadvantage compared with people not of that age. The exception to this is where the provision, criterion or practice is capable of being objectively justified. Legislations which do not comply would be exposed to legal challenge by way of judicial review.

If such a challenge were to be mounted, the government would need to justify the measure by showing that it achieves a legitimate aim and is proportionate.

So is the increase in the qualifying period from one to two years a legitimate aim? Whilst it would be very nice to think that a longer qualifying period would enable employers and employees to resolve their problems without the possibility of dismissal, one can foresee the emergence of a hire and fire culture. Rather, employers should consider resolving their differences with staff earlier and in more meaningful ways, through inclusion and open dialogue.

It is easy to see how the increase in the qualifying period will be regarded as a boon for employers to remove troublesome staff. It also is a useful tool in circumstances where employers looking to dismiss 20 or more employees at one establishment find themselves having to adhere to the law relating to collective consultation. Quite often, an employer is well advised to terminate the employment of those employees with less than one year’s service if to do so would reduce the number of affected employees below 20, this being the point at which the obligation to collectively consult is triggered. Employment solicitors advise that avoiding collective consultation can save an employer both time and money.

It is very easy to be cynical about the government’s avowed purpose behind the increase in the qualifying period but we shall have to see how this debate pans out and whether a challenge is indeed mounted on the grounds of age.

Thomas Mansfield Solicitors, winners of the Innovation Award at the Law Society’s Excellence Awards 2009, are specialist employment solicitors, London based, who handle legal disputes concerning areas of employment as well as compromise agreements.

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David Morrison Awarded Further Qualification in Wills Preparation by STEP

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David Morrison is a Partner in Collins Benson Goldhill LLP (www.cbglaw.co.uk) covering business services and private client matters. The firm advises on all aspects of private client matters including wills and probate, powers of attorney and trusts and inheritance planning advice.

The Society of Trusts and Estate Practitioners (STEP, www.step.org) is a leading association of professionals working in the private client and wealth management areas whose members include lawyers, accountants and trust administrators. STEP provides accreditation, training development and representation services to its members.

David was awarded the Certificate in Wills Preparation in May 2011, confirming his knowledge is up to date with the latest developments in this area of law. A large number of people do not have Wills because they put off making arrangements.

“Putting a Will in place is easy to do, allows you to take control of your affairs and makes things easier for your next of kin when the time comes. A little professional help now can ensure things are made easier in the long run” said David.

Collins Benson Goldhill LLP is a Lexcel accredited* firm of solicitors in W1 based on Great Portland Street (just off Oxford Circus) in Central London, which has been established for 21 years specialising in providing affordable, practical and professional advice in connection with all aspects of commercial law. Its business service team is experienced in advising start up and growing companies in all aspects of their business, including shareholder agreements, investment agreements, employment agreements, and shareholder issues. Further information about Collins Benson Goldhill LLP’s services can be found at www.cbglaw.co.uk.

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