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Hand Arm Vibration Syndrome (HAVS), or Vibration White Finger as it can also be known, is a condition which affects many peoples’ lives. The Health and Safety Executive report that the number of new cases of Vibration White Finger (VWF) assessed for Industrial Injuries Disability Benefit was 850 in 2008/09 alone.

HAVS affects those people whose work exposes them to vibrations on a prolonged basis. To give an idea of those sectors of industry which are hit worst by this condition, the HSE have undertaken a survey. In this survey they found that between 2007 and 2009 it was in industry involving extraction for energy and water supply that assessments for HAVS was by far the highest, with the construction industry coming in second, and the manufacturing industry in third.

It can be seen from this that it is mainly manual workers that are more likely to suffer from the condition. This is because it is the use of vibrating machinery such as chain saws or pneumatic drills which can cause the problem. The prolonged period of vibrations to the hands causes damage to blood vessels, nerves and joints which can cause the following symptoms:
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Well – me personally, I do. But what I’m talking about here is the common question accident victims ask me when they are looking for advice as to whether they are entitled to make a claim for compensation.

The best way to find out if you have a potentially winning claim is to speak with an expert at a specialist personal injury law firm. The guide below will hopefully help you out on your quest to find out if you are entitled to receive what could be thousands of pounds in compensation for any injuries you have sustained in an accident.

 Who’s at Fault?
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It was interesting to read in the Telegraph this week that Axa Insurance has taken the commendable stance of now refusing to accept referral fees for personal injury claims.  This announcement came shortly after Jack Straw exposed what he considers the insurance industry’s ‘dirty little secret’ of referral fees.

A referral fee is a fee paid by a solicitor to an insurance company who will in return provide the details of their policy holder to the solicitor so that they can hopefully deal with their claim for compensation.  As a spokesman for the Admiral Group explains: ‘When one of our customers calls us for help with a claim that was not their fault, we refer them on to a retained accident management company who help sort out their claim…If the claim needs to be referred to a lawyer then the accident management company will pay us a referral fee.’  A referral fee will typically be in the region of £200 and £1,000 depending on the potential value of the claim.  The Telegraph has suggested that in 2010 Admiral Group received over £100m in referral fees!!!

Interestingly, Axa have stated that the reason behind their new refusal to accept referral fees was in order to combat a growing ‘compensation culture’.  I say interesting because to me it would seem that it was companies like Axa who were actually fuelling this so-called ‘compensation culture’.  By bombarding people with text messages advising them of their potential to make a claim for compensation, and by accepting extortionate fees from some personal injury solicitors for details of people with potential injury claims, for example, is to serve to fuel this supposed ‘compensation culture’.  Then to say that insurance premiums are going up because people are making more and more claims for compensation seems a bit cheeky when actually by accepting referral fees is to encourage claims for compensation in the first place.
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This is a common question I am asked when I am advising accident victims about their potential claim for compensation. How much does it costs to have a lawyer? Will anything be taken away from the compensation?

Well, I have some fantastic news for you – so read on!

The No Win No Fee is rather self explanatory when it comes to what happens if your claim loses. With most reputable firms, it does exactly what it says on the tin. Your lawyer will only accept your case on a No Win No Fee basis if they believe they have a good chance of winning it. We don’t take on claims that we feel we cannot win. So, we guarantee that, if it loses, we do not charge you.
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Compensation is meant to put you back in the position you would have been in had you not ever been involved in the accident.

This means that, not only are you entitled to claim back for your injuries, but also for any financial losses you have suffered as a result of those injuries.

In order to give you an idea of what losses you can claim for, I have listed some of the more common types of losses below:
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Third party capture is where a third party insurer settles a person’s claim for compensation against their policyholder directly with them.  In other words, it is where an insurance company representing the person who caused a victim’s injuries gets in touch with the injured party who has no legal representative and settles their claim for compensation.  In most instances of third party capture, the injured party, the claimant, will have been involved in a road traffic accident – however, it could also occur say where the claimant has been involved in an accident at work or some other accident.

Why is this a problem?

The worry is that the injured party will not receive a settlement that is properly representative of their injuries and need for treatment.  It is likely that the insurer will under-settle your claim for compensation and not help you out sufficiently should you require any treatment for your injuries.
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There has been a lot in the news recently regarding referrals fees – or as Jack Straw described them, the insurers’ ‘dirty little secret’.  Here is a quick guide:

A referral fee is a fee which a law firm pays insurers upon agreement that their insured’s’ contact details will be passed to them where this person is likely due compensation having been involved in an accident whereby they suffered an injury through no fault of their own.  This fee can be anything in the region of £200 to £1,000!  As such, this has seen the advent of claims management companies, or middlemen, who make their money from buying insured people’s contact details and selling them to law firms for profit.  This has been happening for approximately 20 years, believe it or not.  Further, as the BBC has reported today, the ‘racket’ goes further than just referral fees – It may involve cold calling or texting potential accident victims who have not provided their mobile numbers to any of them directly.
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Choosing a law firm to instruct for your claim can be difficult; especially when there are so many firms to choose from. The following blog aims to make this process of choosing easier, as I will point out things to look out for in firms.

A first point to note, however, is that you should go to a law firm directly, and ensure not to use referral agencies or your insurer to direct you to a law firm. Agencies and insurers essentially act as middlemen on claims, selling them on for a fee of what could be up to £1,000 – so, if a law firm has paid as much as this for your claim, it’s likely that they’ll work less on your claim in order to redress the balance in their loss of profits. This can lead to receiving a poorer service, having a claim that drags on for longer than it has to, or the firm failing to maximise your compensation.

The following are important items to look out for in a law firm:
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How much compensation is my whiplash claim worth? This is a common question that many of our clients ask here at The Injury Lawyers. To answer this question with any accuracy is extremely difficult at the early stages of a claim – although we can often give ball park figures using our extensive experience in the area of whiplash claims.

Valuing your whiplash claim…

The reason why valuing a whiplash claim can be difficult at this stage is due to the fact that we have to value a claim using a medical report which is obtained after liability has been admitted on your claim. This medical report not only assesses your injury, but also details the effects it has had on all areas of your life – areas such as professional, social, and domestic life.
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Ever wondered what you actually have to do to make a whiplash claim for a road accident? Here is a guide on the process, and what you should look for when making a claim for whiplash compensation.

Making a Claim – The Process

If your road accident happened after 30^th April 2010, your claim will likely fall under the new Road Traffic Accident Protocol for personal injury claims if your injuries are not classed as too serious. This new process was brought in to play to make the process much quicker, and allow injury lawyers and insurers to exchange information over the Ministry of Justices’ secure online internet portal.

Your lawyers will complete an online Claim Notification Form and submit this to the other side. The other side then has 15 working days to accept liability for your accident for the claim to remain in the new, faster system. So long as the claim stays in the system (i.e. deadlines are met by both lawyers and insurers), your claim can be resolved in a matter of months. The claim may ‘fall out’ of this new faster system for a number of reasons. For example:
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