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Making  a claim for compensation following a Road Traffic Accident is now so much easier and quicker than it used to be, if your accident was on or after 30^th April 2012.

The Ministry of Justice introduced a new protocol to follow for these accidents: “The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents”. I know, bit of a mouthful so let’s just say the Road Traffic Accident Protocol for now. This protocol is for claims for personal injury which are worth under £10,000.

The claim is started by submitting a Claims Notification Form. This is a form which contains your information, the information of the at fault party, the details of your injuries and treatment and the accident details. This is sent to the insurer of the at fault party electronically.
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If you are pursuing, or have pursue in the past, a personal injury compensation claim, then you are more than likely aware of the importance of medical reports. A medical report is key in any personal injury claim as it helps Solicitors and Barristers to properly value your claim.

If a medical report is wrong, incomplete or inaccurate then this could have serious repercussions for you and your payout. Obviously this is why we always check if you are happy with a medical report before disclosing it to the other side. Once a report is disclosed to the other side you cannot seek to get the report amended. A medical report is only disclosed to the other side once you have confirmed that you agree with its contents.

So, if you receive a medical report and you are not happy with it, what can you do? First of all you should take some time in studying the report, bearing in mind that a medical expert will have got the information from you at examination and he or she may have also used information from medical records such as GP and Hospital records, accident reports etc. You should clearly state to your Solicitor which parts of the medical report you agree with and which parts of the medical report you do not agree with. Also state the reasons why you do not agree with certain parts of the report. Simply saying “I do not agree with the report” is not really of much help.
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Working with hazardous substances can, as the name suggests, be hazardous. Extra caution should be taken and appropriate Personal Protective Equipment (known for short as PPE) should be provided. PPE could be in the form of gloves, overalls, goggles, masks or whatever other equipment is necessary to make the job as safe as possible and to protect workers from harm.

Governing this area of law is the Control of Substances Hazardous to Health Regulations 2002 (COSHH).  Substances hazardous to health can include chemicals, products containing chemicals, fumes, dust, vapours, gases, germs etc. These substances are covered by COSHH but things like asbestos and radioactive substances are covered by alternative Regulations. COSHH is covered extensively by the Health and Safety Executive on their website.

Some substances have exposure limits. This obviously means that exposure to that substance whether it is through breathing in fumes or by skin contact etc is limited. With some tasks a permit to work may be required to carry out a certain task which involves some contact or potential exposure to hazardous substances. A permit to work would be based on a risk assessment to ensure that all potential risks and precautions are taken.
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Some people like them and others hate them; whatever we think, elevators can be a genuine cause of injuries and compensation claims.

I have to admit that elevators in a building containing numerous floors can be handy.

Imagine a multi story building without elevators. We would all have to take the old fashioned route of walking – how would we ever cope with that? Some people may enjoy the exercise but others would not. Perhaps for many workers who work on the top floor of a multi story building time is of the essence. Taking an elevator to the top floor would certainly save time as opposed to walking up flights of stairs. And of course we have to consider elderly and disabled people, people with prams etc. Taking it all into account, elevators are necessary.
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A gas explosion is some kind of explosion which may result from a gas leak in the presence of an ignition source.  Explosive gasses include methane and propane to name just a couple.

The BP oil disaster was caused by a methane bubble which triggered the explosion. The deadly bubble of methane forced its way up from beneath the ocean floor and caused the explosion in the Gulf of Mexico, according to workers who survived the disaster. The disaster itself caused severe consequences with 11 deaths and more than three million gallons of crude oil pouring into the sea. Such a disaster highlights the dangers of a gas explosion.

Of course we should be well aware of the dangers anyway as the BP oil disaster was certainly not the first disaster of its kind. Many people will recall the Cleveland East Ohio gas explosion which occurred back in 1944. The gas leak, explosion and resulting fires killed an estimated 130 people and destroyed one square mile area on Cleveland, Ohio’s east side.
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A whiplash injury is caused when you experience a sudden jolt or movement in your neck and it causes the soft tissue in the neck to be stretched and strained. Although whiplash does normally just affect the neck area, it can also cause great pain and discomfort in the shoulders and back.

Physiotherapy treatment is the most common rehabilitation treatment for this type of injury and is usually recommended by your GP if your symptoms are persistent as taking painkillers long term is not an effective way of treating a whiplash injury. However, in many cases, a course of painkillers will be sufficient for minor whiplash injuries and will see the client through until they have recovered. Therefore not all clients will need a course of physiotherapy.
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Now, this may seem bizarre, but there has been an increase in the road traffic accidents which are caused by either no road markings or faded road markings.

The maintenance of the roads and road markings are usually the responsible of the local highways authority and therefore an accident caused by lack of or insufficient road markings would normally be directed to them.

Under the Road Traffic Act 1988 the road must be reasonably safe to its users. If the road markings, or lack thereof, has caused an accident then the highway authority has not carried out its duty to the proper standard. The Highway authority must institute a proper system of inspection and maintenance of the carriageway and ensure there are sufficient warning signs or other items to warn the public and road users about the hazard caused by the defective carriageway.
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With the ever increasing number of vehicles on the roads, the most vulnerable road users are more and more at risk. Some of the most vulnerable are probably motorcyclists, and often, when involved in a road traffic accident, their injuries can often be serious and very painful.

It is important to remember that compensation should be sought not just for personal injury, but also for related losses.

We are aware that riding a motorcycle is an expensive form of transport, and accidents could result in damage to the rider, the motorcycle itself, and the rider’s safety equipment, such as Helmets, which should always be replaced if they are damaged in an accident, and leathers, which are often invaluable in providing protection against additional injuries which could be incurred in an accident.
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Your claim for compensation will consist of two types of damages. General damages are the part which covers the compensation for your actual injuries, pain, suffering and loss of amenity. Special damages are things that you have had to pay for as a result of the accident. These are recovered as part of your claim.

There are lots and lots of things that clients can claim for, with the most common losses incurred as a result of an accident being:

• Loss of Earnings
• Travel Expenses
• Medication Expenses
• Care & Assistance

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Historically the law did not always allow any claim for wrongful death, or any claims by the dependents, as the right of action was held to have died with the victim.

The right of dependents to bring an action was first brought into being by the Fatal Accidents Act 1846. The law was consolidated with the Fatal Accidents Act 1976 and significantly amended by the Administration of Justice Act 1982.

The executor or administrator of the estate can claim for the losses suffered on behalf of the estate. Such claims would relate to the following:

1. Pain and suffering of the deceased prior to death;
2. Any financial losses incurred by the deceased prior to death;
3. Funeral expenses.

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