National Society

Whiplash is a fairly common injury that occurs when the head is suddenly jolted backwards and forwards. The most common cause of this injury is in car accidents where a vehicle is hit by another car from behind. An individual may develop whiplash even if he or she does not sustain any other injuries as a result of the accident.

Surprisingly an individual may develop whiplash even if the car accident in which he or she was involved occurred at a relatively low speed. Some of the symptoms of whiplash are pain and stiffness in the neck, headache, difficulty bending or turning the head, dizziness and blurred vision, irritability and tiredness and pain or stiffness in the shoulders, arms or upper and lower back. A doctor will be able to diagnose whiplash.

Whiplash is a painful condition and it is possible to make a claim for whiplash compensation after an accident, but how much an individual would be awarded depends on a number of factors. The first factor is how the claim is made. If it is against an insurance company the compensation will be in accordance with the settlement agreement with that insurance company. However, an individual could choose to make a car accident claim via a solicitor and could be awarded compensation under general damages or special damages.

If the whiplash injury is suffered as the result of a car accident it is possible to obtain compensation, even if the offender is not traced or was uninsured. The Motor Insurer’s Bureau was set up in 1946 and it offers whiplash compensation to victims who have suffered injuries or losses as a result of a road accident, involving either an uninsured driver or an untraceable driver. To make a successful claim, an individual must ensure that there is no insurance policy against which he or she could make a claim.

Burns can be the most painful and disfiguring of all injuries and vary considerably in type and severity (first, second and third degree burns). Severe burns are not only extremely painful but also lead to long-term or even permanent scarring and can be psychologically damaging, particularly if the burn is visible and obvious. Burns are caused not only by heat (fire and boiling water being obvious causes of many burns and scalds) but also by exposure to friction, light (especially UV light – e.g., sunbeds), electricity and chemical burns (such as acids). In recent years in the UK there have been hundreds of reported cases of sofa burn injuries, and sofa manufacturers and retailers have been sued by people who have developed reactions to an irritant substance called dimethylfumarate. Burns injuries can occur at the workplace, on holiday, as a result of a car accident or an incident with a faulty electrical product or pressurised container. Being burned by a fire has additional negative consequences, such as smoke inhalation, which can cause damage to the respiratory system (‘internal burning’).

Most people who suffer from burns injuries through no fault of their own do have a case to pursue a compensation claim. Recovery times for severe burns can be extensive, meaning loss of earnings and potentially high medical bills. Emotionally, the impact can be far-reaching and affect the victim very deeply. Examples of incidents where a burn could be classified as the result of a third party’s negligence are: heatstroke or sunburn if the job is outside in direct sunlight, burns from defective electrical equipment in an office or chemical burns if the work takes place in a laboratory setting. If you have been the victim of a burn accident and think you have a case for a no win no fee compensation claim, there are legal experts with specialist knowledge of burns injuries who will be glad to offer you their services.

Whiplash injuries are among the most common to occur from a car accident.  A whiplash injury is any injury to the neck caused by sudden movement of the head.  If your car is hit by another, your forward momentum may be suddenly stopped or changed.  While your torso is buckled in and remains steady, your head may keep moving forward, then suddenly “snap back” to the right position, resulting in a whiplash injury. 

Whiplash compensation is often sought by or on behalf of the victim.  If the claim being pursued is worth over £1,000, it is possible to retain a solicitor for a no win no fee accident claim.  Whiplash compensation can reach £1,000 very quickly, once medical fees and time loss from work are considered. 

You’ll want to keep meticulous records of the accident as well as any subsequent actions.  Should you decide to pursue a claim, these will be required whether or not the claim actually goes all the way to court.  Also keep records of your health status.  Whiplash injuries can result in symptoms like headaches, dizziness, a “pins and needles” feeling in arms, shoulders or hands, or even lower back problems. 

Document any symptoms you feel should be part of your record-keeping. Should you decide to pursue a claim, interview several solicitors.  If payment to the solicitor may be an issue, consider finding a no win no fee solicitor.  Not every solicitor accepts this payment scheme, but many do, and this arrangement can significantly lessen your financial stress.  Do be aware that your personal portion of the payout, should you win, will be less under this scheme, but receiving compensation after a whiplash injury is sometimes the most important thing.

Any time that you have been hurt in some kind of accident or at the hands of another, you are entitled to make a personal injury claim. Personal injury claims cover a broad area, from car accidents to slipping or tripping, being injured in the workplace or while playing sports and negligent medical or dental treatment. Because personal injury claims can vary so greatly, many people find it difficult to know what they can and can’t claim for.

If you are considering a personal injury suit, it is imperative that you visit with a solicitor or lawyer. They will review your case to determine if there is a claim that can be made. As part of the review, they will determine what potential compensation you could receive should you win your claim. The amount of compensation you could receive will usually be broken down into general and special damages.

General Damages – General damages are the more difficult of the two to determine. This type of compensation is established by placing a value on the pain and suffering you have undergone, as well as how your future could be affected. This means that there are no hard and fast figures that can be used. Instead, no win no fee solicitors and judges look at past cases that have similar circumstances to your own. Also, guidelines are issued to judges by the Judicial Studies Board that lists monetary values for different injuries.

Special Damages – Special damages are a lot easier to estimate, as these are the expenses and losses you have incurred since your injury. Special damages can include loss of earnings, medical expenses, insurance payments, cost of replacing damaged items and even a car hire if you are making a car accident claim. What is important for special damages is that you keep all receipts and a record of all payments and losses during the time of your injury.

Accidents happen every day, and sometimes people get injured due to these accidents. They can happen anywhere, in the home, on the road, at work and in a public place, but if the accident is due to another person’s action or inaction, the injured party may have a right to compensation. While filing personal injury claims can be a complex and time consuming process, there are definite benefits to doing just this.

When someone is injured in an accident, the damage can vary from mild and quite inconsequential injuries to severe, life-altering ones, and even sometimes death. They can take the form of both physical and psychological afflictions that can take different lengths of time to recover from. Many people need to take time off from work in order to obtain treatment and get better, but due to the strain of loss of wages, go back too early. As a result, they do not manage to heal fully. Personal injury compensation can provide the money to allow someone who is injured to take the time needed to fully recover without having to worry about paying the bills.

Also, by making a claim, the injured party may be able to prevent the same thing from happening to others. Road accidents and accidents in the workplace are two key areas where claims can highlight areas that may need to be investigated. By bringing the dangerous situations to light, employers or public agencies can make changes so that the accident won’t happen again in the future.

Overall, personal injury claims can benefit the person making the claim, as well as society as a whole.

Children can be prone to accidents and as any parent knows a child’s safety is paramount in all situations.

If a child does have some form of accident the amount or severity of injuries that a child sustains is no guarantee that a ’no win, no fee’ personal injury claim can be successfully pursued.

Parents have a responsibility to their children. Naturally this means taking stringent measures to ensure the child does not come to any harm. For example, if your child is playing around a gravel pit or pond and slips into the water cutting and injuring himself in the process, should the owner of the land be prosecuted for failing to provide adequate safety measures? Or should the parents of the child bear ultimate responsibility for not being able to adequately supervise the child in the face of possible injury?

Many parents believe that any injury occurring to their child is the fault of the owner of the place where the accident took place. This is not always the case unless a clear proof of liability is proven. After all, you would not prosecute the manufacturer of an electric kettle if your child poured boiling water over his hand.

However, if your child to has suffered from a personal injury and there is a reasonable case to be made for negligence, then a ‘no win, no fee’ claim is the ideal way to gain compensation on behalf of your child – particularly if the child is being supervised or under the care of another adult.

Possibly the commonest type of claim made for personal injury is the car accident claim.

Generally speaking, claiming is straightforward as car insurance is one of the few policies that is compulsory for all car owners. At least third party cover is required by law but most people opt for fully comprehensive, which covers far more risks.  Third party insurance cover means that the insurance company will only pay out to any third party involved; third parties include passengers.

If claiming against someone who is not insured this can complicate matters. Your insurance company will refer the matter to the Motor Insurance Bureau, an organisation that has facilities in place to deal with such uninsured incidents.

Assuming a straightforward third party car accident claim, it is advisable to carry out the following ten steps.

1.    Give your personal and car registration details to any third party involved.
2.    The police should be called if the accident involves injury.
3.    Make a note of the make, registration number and colour of any vehicles involved.
4.    Record any damage to the vehicles involved; include a drawing of the scene of the accident.
5.    Record the personal details of other drivers involved.
6.    Get details of any witnesses.
7.    Make no admission of liability.
8.    Write a personal statement as soon after the accident as possible.
9.    Notify the insurance company.
10.    Get checked out by a doctor.

When you inform your insurer they will send you a standard claim form for the above information to be recorded.

Although thankfully relatively rare, serious injuries caused by dog bites do occur. In some cases such attacks have resulted in a death – usually of a child.  Recent NHS statistics reveal that such injuries have risen by around 40%, to 3,800 per year over the last four years. So the problem is obviously getting worse.

To try and give the general public some protection the government enacted the Dangerous Dogs Act in 1991. Among its provisions certain breeds of dogs must be muzzled and kept on a lead when in public; mainly pit bull terrier types. Other provisions include tattooing, chipping, insuring and the compulsory registration on the index of exempted breeds for that type of dog.

Certain breeds of dog were identified as being the most dangerous. These were: Pit Bull Terriers, Japanese Mastiff, Argentinean Mastiff and Brazilian Mastiff. 

If you have been attacked and injured by a dog proving it is not necessarily difficult to do. As such, putting in a personal injury claim is something that you should think seriously about.  Dog owners can be held legally responsible for the behaviour of their pets, so it is advisable to consult with a no win no fee solicitor or some other no win no fee legal representative.  But before doing so, it will be helpful to ask yourself the following questions. Is the dog known locally if not with a person (can the owner be identified)? Was the dog on a lead if accompanied by a handler?  What type of dog caused the injury?  Is the dog one of those breeds considered to be particularly dangerous?

Finally, you should always report the incident to the police. Dog bites can be very serious. Possible criminal charges may also be made against the owner in certain circumstances.

A no win no fee lawyer specifically works with people seeking to make a personal injury claim under the CFA (Conditional Fee Agreement) act. Your appointed no win no fee lawyer will work with you as you go through the entire process to make sure that your no win no fee agreement keeps you from being charged any sort of costs related to making an injury claim. This is done to ensure that you as an individual can keep 100% of your compensation, win or lose.

The first thing your no win no fee solicitor will do is send out a letter to the defendant regarding the personal injury claims being made. This will inform the defendant of your intention to claim compensation for any type of personal injury caused to you through that person’s negligence. After this, you will be required to undergo a medical assessment to see how badly the injury affected you. Once this has been done, your no win no fee solicitor will assess any loss of earnings on your part, as well as any sort of out-of-pocket expenses, and will work with the court system to recover these costs.

Your no win no fee claim does not always have to end in court, and in most cases your no win no fee solicitor will work things out before it gets to that point. Regardless of whether they are successful or not, the CFA insures that the insurers and the government will pay the associated fees.

Every professional in any industry owes what is called a duty of care to their clients or patients. This is a legal obligation imposed on every person performing a service, requiring that they adhere to a standard of reasonable care when performing any type of activity for another person. In a no win no fee compensation claim, this is the very first element that must be established prior to any legal actions regarding negligence taking place. You must be able to show a breach in the duty of care by the defendant, whether they are responsible for your personal injury or not.

There are a wide variety of factors used in determining whether or not someone is liable, and whether you have a valid reason for your personal injury claim. A no win no fee lawyer will be able to guide you in determining whether or not the company or client in question is in any way responsible for the injuries you have suffered, and whether you are eligible for some form of no win no fee compensation. According to UK law there are three factors which determine whether or not a duty of care breach has occurred. First and foremost, the harm must be demonstrated as reasonably foreseeable. There must be a relationship of proximity between the defendant and the claimant, and it must be ruled fair, just, and reasonable for the liability to be imposed. If your no win no fee solicitor can prove these three breaches of duty of care, you will receive no win no fee compensation.