Archive for the ‘Personal Injury Claims’ Category

Types of Personal Injury – Accidents at Work

Monday, June 7th, 2010

Regulatory bodies such as the Health and Safety Executive (HSE) exist to ensure high standards of health and safety are maintained in the workplace. It is still unfortunately the case that thousands of people have accidents at work every year in the UK, with a very small minority of these cases being fatalities. Employers are legally obliged to insure themselves against potential claims and to carry out rigorous risk assessments. Trade unions also exist to support the rights of workers and do provide some legal services which a claimant might like to call on before approaching an injury lawyer. Trade unions can also assist with discrimination or persecution cases in the workplace.

A claim for an injury sustained at work needs to be made within three years of the actual incident, which should preferably be logged in the company ‘accident book’ as soon as it happens. When starting with a new company, employees should check their contract carefully, paying close attention to details about sick and injury pay. Injured workers are often reluctant to pursue a compensation claim against their employer as they fear losing their livelihood or facing hostility at work.

Examples of accidents and injuries sustained at work include slips and falls, industrial illnesses (e.g., asbestosis), scaffolding accidents and repetitive strain injury. These might be caused by inadequate training or simply by not fully complying with the standards set down by the HSE. While workplace accidents are more common for those in ‘high risk’ jobs such as builders or warehouse operatives, office workers are also at risk and need to understand their rights.

No win no fee employment solicitors will help process a compensation claim against an employer on behalf of a client who has suffered any kind of injury or illness caused directly or indirectly by their employer and/or workplace. To be successful, they need to show that the employer was negligent, and that the injury came about as a result of that demonstrated negligence.

How to Choose a No Win No Fee Lawyer

Friday, June 4th, 2010

When choosing a lawyer to represent you in personal injury claims it is best not to settle for the first one you find. Take the time to talk to a few different firms first and search on the internet to see exactly which services they offer.

Make sure you question each firm carefully, to ensure that they have experience dealing with a claim like yours. Also ensure they are positive that you stand a good chance of winning.

Talk to a number of no win no fee legal firms and see if your case will qualify, as there are different types of personal injury claims and some cases may not be eligible. The firm you instruct to take your case should be able to give you an idea of how long the proceedings may take.

Searching websites on the internet is a good idea for finding initial information on the law firms. They will have testimonials on their sites and should also detail the types of cases they usually take. Good legal firms will also explain to you exactly what a personal injury claim is. Most will offer a freephone telephone number so you can contact them directly for an initial discussion. There is no harm in contacting several firms in this way, as you will get a feel for the way each firm operates. 

Initial consultations should be free of charge and each company should also make clear straight away how much you may be expected to pay up front, though most will not expect an up front payment.

Obtaining Compensation

Thursday, June 3rd, 2010

There are several ways in which a person who has suffered a personal injury can obtain compensation for their injuries.

The one used most frequently these days is to take court action under the advice of a no win no fee lawyer. Making a no win no fee personal injury claim is probably the most cost effective method of obtaining compensation. The lawyer will ensure that you have reasonable grounds for a claim before proceeding with the case. As a precaution, you may need to take out a small insurance policy to cover your fees and those of the other side in the event that you lose the case. 

People who have been victims of crime may be able to make a claim via the Criminal Injuries Compensation Authority. There are also law firms that specialise in claiming compensation from specific government funds for those who have contracted long term illnesses as a result of working with asbestos or in the mining industry. These companies usually offer no win no fee legal advice and some firms may also be able to assist with medical compensation cases. 

Personal injury claims are numerous, so there are many law firms who now specialise in pursuing these claims. A quick internet search will show large numbers of companies which will discuss your case with you and many will offer the initial consultation free of charge. If you are unsure if you have a valid claim then it is worth talking to a representative of one of these law firms before deciding whether or not to pursue the claim. 

Industrial Deafness

Monday, May 31st, 2010

One physical work related problem that is often overlooked is industrial deafness. Loss of hearing however is just as serious as any other injury sustained in the workplace.

All employers have a duty of care to ensure that their employees are protected from damage to their hearing. As such, steps should be taken and equipment provided for anyone who works in or visits the premises where the environment is particularly noisy. Often work places where excessive noise is a problem are generally heavy engineering workshops, etc.  In such situations employees are obliged to give their employees earplugs. Failure to do so gives the green light to anyone who believes they have a personal injury claim due to industrial deafness.

 In 2005, the government enacted the Noise at Work Act, which put the onus on employers to reduce the risks to employees caused by exposure to loud noise. If they fail to do this and you sustain hearing loss or deafness as a result, then you are entitled to make a personal injury compensation claim.

However, outside of the working environment such places that might involve risk of hearing loss, which on the surface are innocuous, includes discos and nightclubs where very loud music is invariably played.  Music played between 95 – 120 decibels is equivalent to the noise level of a pneumatic drill. In fact, this decibel level is 8 times the required level for ear protection in an industrial workshop environment.

If you have to make such a claim choose a no win no fee solicitor with experience in this area of the law.

No Win No Fee Lawyers

Sunday, May 30th, 2010

A no win no fee lawyer is someone who specializes in helping people who have suffered a personal injury that is no fault of their own, and claim some form of compensation through the no win no fee personal injury claims system. What this boils down to in layman’s terms is that individuals using a no win no fee solicitor will be able to go through the entire accident claims process without paying a single penny out of their own pocket. Many people do not understand that making a no win no fee claim is actually a civil and legal right that is due to them under the fair and due process by-lines of the laws in place in the UK. In addition, many individuals are not aware that no win no fee claims are actually 100% free, instead fearing that there might be some form of hidden fees buried underneath the surface.

No win no fee claims are not only simple and free of charge, but they make claiming compensation a painless process, both in terms of your mental health and your pocketbook. Whether you are making a no win no fee personal injury claim or a no win no fee accident claim, your no win no fee solicitors will ensure that making your claim is as simple as possible, allowing you to rest assured that your compensation will be claimable as quickly as possible, without any worries about fees or corresponding headaches as a result of time. Contact your no win no fee lawyer for more information.

What to know about car accident claims

Sunday, May 23rd, 2010

A car accident claim often occurs as a result of a car accident when one or more people are injured, usually as the result of negligence on the part of someone else, or something else.   In many cases a claim is submitted to the insurer of the negligent party for costs incurred by the damaged party. This can include damage to the vehicle itself, people inside the car, as well as other things like wages lost from work or medical expenses.

Before 2000, a person who wanted to pursue a claim for damages needed to retain a solicitor who would provide advice only upon payment.  Since 2000, no win no fee accident claims have become possible, enabling people to retain a solicitor without paying huge sums up front. 

However, not all solicitors accept these no win no fee compensation packages, so it may take some investigation to find the right solicitor for you and your case.  Be aware that even a no win no fee accident claim does not mean that no costs are due.  Most contracts will spell out the claimant’s obligation to pay for costs required as the case moves forward, such as accident and medical report fees, filing fees, and a one-time insurance premium payment to cover your expenses and your opponent’s costs if you lose.

A no win no fee lawyer may be very helpful, especially if you have a good claim and are financially restricted.  Since legal aid for the costs of pursuing this type of claim was withdrawn in 2000, many people are confused by the mix of available insurance and legal products available. 

As with any complicated transaction, be sure to read all contracts thoroughly and not sign anything until you fully understand all the ramifications of the contract.

Making An Industrial Deafness Claim

Wednesday, May 19th, 2010

As people get older some hearing loss is natural, but it can be exacerbated when working in an environment that doesn’t properly protect employees from excessive noise levels.

Before making an industrial deafness claim however it is important to ensure that you are eligible. The first thing that must be done is to check both the environment you are working in and any symptoms that point to loss of hearing caused by being there.  For example, do you have to shout to speak to someone standing say, just two metres away? If so, then your place of work is likely to be breaking the law.

If you suffer from tinnitus – ringing, buzzing or humming in the ears, temporary loss of hearing, muffled hearing or have trouble hearing high pitched sounds and you believe it was caused through being exposed to high noise levels at work, then you might be eligible to put in a personal injury claim.

As such, the first thing to do is contact a no win no fee lawyer who will need a medical report about your hearing loss. This will outline the type and severity of any damage to your ears that affects your hearing, including a perforated eardrum perhaps.

Making a claim for industrial deafness is as straightforward as any other accident claim. Damages received will vary depending on the extent of the injury, the amount of earnings lost and your own behaviour at work, that is were you partly to blame because you did not wear provided ear protection?

The Claims Process

Monday, May 17th, 2010

If an individual has suffered a personal injury as a result of a car accident, an injury at work or other incident, he or she may want to make a claim for compensation. Making a claim might seem like a daunting process, but anyone injured in an accident that was the fault of a third party, is entitled to compensation.

It is possible to claim online and there are a number of websites which allow an individual to do this or to ring a 24-hour helpline. The organisation whose website it is will then contact the individual to discuss the details of their case. If it is felt that the individual has a valid case then he or she will be put in touch with a local solicitor. This solicitor may be prepared to accept the case on a no win no fees basis.

The individual will have an initial consultation with the solicitor during which the solicitor will ask questions about the accident. If the solicitor agrees to make a no win no fee personal injury claim on behalf of the claimant, the claimant will not be asked to pay anything.

If the solicitor decides to proceed with the case then the defendant is sent a Letter of Claim stating that a claim for compensation is being made against him or her. The solicitor will also arrange for a medical expert to assess the claimant’s injuries. A Schedule of Losses is prepared by the solicitor listing all the financial losses the claimant has incurred as a result of the accident and which will be claimed for. A letter is sent to the other party requesting that he or she pays the amount specified.

If the claim is accepted by the other party the solicitor will negotiate with the defendant on the amount of compensation to be paid. The claim will be settled and the claimant will receive compensation and the fees and costs of the solicitor will be paid.

If the claim is disputed the case goes to court. If the case is won compensation will be fixed by the court and the claimant will receive the compensation and the fees and costs of the solicitor will be paid. If the case is lost then under a no win no fees arrangement the claimant would not have to pay anything.

Common compensation claims – Whiplash Injuries

Friday, May 14th, 2010

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.

Types of Personal Injury – Burns

Wednesday, May 12th, 2010

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.