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March 18, 2011

Hit By an Uninsured/Untraced Driver?

With the roads seemingly becoming busier and busier it is no surprise that road traffic accidents are also on the increase. Once thing that can make the injustice of being involved in a road traffic accident that was not your fault even worse is when the other driver either reports he / she has no insurance, or he / she simply drives away.  This is a point of frustration for many of our clients here at The Injury Lawyers and very often we are approached by potential claimants who simply do not know if they will be able to bring a claim in these types of situations. It is estimated that approximately 23,000 people are injured and 160 killed as a result of an accident with an uninsured vehicle

Our answer to all these questions is usually YES. Many people are unaware that they can bring a claim when the other driver involved in an accident is uninsured or untraced; th claim can be brought with the Motor Insurers Bureau, or the MIB as they are known in short. This organisation was set up in 1946 and is funded by motor insurance companies which ultimately means they are funded by our motor insurance premiums – this has an estimated cost to us of between £15 – £30 per policy.

If you have been involved in an accident with an insured or untraced vehicle and it was not your fault, you may have a claim for compensation. If you have been involved in a road traffic accident it is important to report the incident to the police as they may need to compile a report; the MIB often request such details. It is important to check for witnesses, and if present, to obtain their contact details as they may well be able to provide valuable evidence for your claim. Seek medical attention for your injuries as this not only assists with the injury but also allows the medic to place a note in your medical records. Lastly seek advice from a specialist injury lawyer as they will be able to act on your behalf with the MIB on a no win no fee basis (always read the no win no fee agreement thoroughly before signing).

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March 14, 2011

Road Traffic Accidents

Road traffic accidents can happen anywhere on our roads at any time. We put our trust in others on the road to drive safely; thus keeping other road users safe. However, as I was reminded on my way to work this morning – this is not always the case. On the M1 today (Thursday 9th March 2011) at around junction 29, a lorry had crashed through the central reservation colliding with a number of cars in the process. As a consequence five people were taken to hospital; two of which with serious injuries.

The above incident serves to make us all the more aware of the dangers of driving on the motorway.

Many people can love motorway driving due to the ease and the increased speed you can get to places. However, on the flip-side, many people can dread motorway driving as it is a type of driving which requires increased concentration, due to the high speeds involved, and even a heightened experience of driving in order to become more confident within the motorway environment.
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employee work injury claims
March 03, 2011

What can I claim compensation for?

I think nowadays people are more aware of their rights when it comes to making a personal injury claim. This may be due to an increase of television/radio/web adverts covering personal injury companies and/or the heightened awareness of claiming in general.

However, with this in consideration, many clients when they first approach us here at The Injury Lawyers are unsure whether they have a genuine claim. This is why we write these posts; to inform potential claimants that they may have a proper claim for compensation to make and to not wait until its too late.
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March 03, 2011

Accidents At Work

Some of us love work, and some of us dread going into work. But I would probably guess that not many of us anticipate having an accident at work which is not our fault.

There are many potential accidents that could happen at work.  Some of the main types of accidents we deal with here at The Injury Lawyers involve falling from a height, heavy lifting, industrial disease (such as Vibration White Finger), a lack of/insufficient work equipment which results in an accident, or a lack of/insufficient safety equipment which results in a lack of protection from a foreseeable hazard – leading to an accident.

It can be a mentally difficult task to claim against your employer. However, it must be bourne in mind that solicitors are here to act on your behalf, and employers must have insurance to cover these types of situations.  If you have had an injury and it was your employers fault then you have a right to bring a claim for compensation if you so wish and you should not be treated adversely whilst at work due to your claim. In fact, there is nothing your employer can legally do to adversely affect your employment, and we find that many employers are happy for you to make a claim from the insurance policy they have in place for this very reason.
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February 14, 2011

Accidents on a Night Out

We all love going on an evening out, whether it be going to the pub after work, going for a dance in a night club, or at a bar for a chat with friends.  We get all dressed up and excited about the forthcoming evenings events.  It is the farthest thing from our minds that we may have an accident that was not our fault causing us an injury.

Well, we at The Injury Lawyers have many clients come to us after having an injury on a night out, and so in view of this we write this blog to educate and inform.  Many of our clients think that they cannot claim for their accident as they had consumed alcohol on the evening in question; well, our answer to that would be that we assess your claim free of charge so there is nothing to lose in trying.  Depending on the circumstances, consumption of alcohol does not mean you cannot bring a claim.

There are many possible hazards whilst on a night out which could cause you an injury.  These include spillages on the floor causing a slip hazard, broken glass on the floor which could cause lacerations to the foot, or exacerbate a fall injury, or even if an injury is caused through the club/bar/pub being overcrowded.  If someone slips on a spillage and pulls you down with them you may also be able to bring a claim.
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February 10, 2011

How much is my claim worth?

One of the most common, if not the most common, questions we face at The Injury Lawyers is: ‘How much is my claim worth?’  This, however, is not a question we, let alone anyone, can answer with certainty straightaway.  It is impossible to immediately value your claim.  How come?  Well, we don’t know when your injuries will heal for example.  An injury that lasts two years will be worth more than the same injury that lasts one year, for example.  But we do not know when you will fully recover at an early stage.  What we can do however is give you a guideline figure as to the value of your injury.

So how do we do this?

A good starting point is the Judicial Studies Board (or ‘JSB’) guidelines on general damages (compensation for your injury alone) for personal injury.  These provide an excellent indication of the value of your claim.  These guidelines allow us to begin to value your injury by providing examples as to how much a head injury, facial injury, back injury, neck injury, leg injury or foot injury may be worth.  The guidelines are based on previous compensation awards made by the courts.  Importantly, the JSB guidelines are not law.  If you receive £4,000 and the JSB guidelines suggested you may be entitled to £4,500, it is not a matter of fact that you should have received that extra £500.  However, what can be said with certainty is that the professional injury lawyers at The Injury Lawyers will always seek the maximum compensation for you.

Here are some examples from the JSB guidelines:
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February 09, 2011

Supermarket Claims

Modern daily life is chaotic, rushed, and busy.  Therefore, supermarkets have become a close friend and ally. They have all of life’s essentials under one roof; so with one quick trip you have got all the fuel to get you through another busy week.  Not only this, but prices are low and discounts are numerous.  You may think that I am promoting the perks of supermarket shopping, but I’m actually pointing out why personal injury within supermarkets is on the increase.  It is the furthest thought from our mind that we may have an accident in a supermarket that is not our fault; however, the statistics for it are surprisingly high.  This is why at The Injury Lawyers we like to write blogs to inform our readers about when you can and can’t claim for compensation.

There are many possible accidents that could occur within a supermarket.  There could be a spillage on the floor causing a slip, an item left in an aisle causing a trip hazard, or the items on the shelf could be poorly stacked causing them to fall on top of you.

Supermarkets have a duty to look after their customers as much as possible and they must comply with important Health and Safety Regulations. All employees within a supermarket must be fully trained in maintaining these safety standards. This training could include simple things such as having a schedule to check for clear aisles, a cleaning process for spillages, or training in stacking shelves safely. 
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February 04, 2011

Hand-Arm Vibration Syndrome

Hand-Arm Vibration Syndrome (‘HAVS’), also known as Vibration White Finger, is an industrial disease which has been diagnosed in thousands of people.  It occurs where someone is exposed to lots of vibrations in their hands and arms.  As such, those affected tend to feel numbness in their fingers and may even witness their fingers turn white.  Indeed, should the condition get worse, they may lose feeling in the whole of their hand and the hand my turn completely white.  In the worst case scenarios the sufferer may actually lose their fingers.

So when does this condition occur?  If you are a manual labourer for example and handle vibrating hand tools, such as drills and chainsaws, on a regular basis or prolonged period, you may well suffer from HAVS.  If you use vibrating hand tools regularly and you believe you may be suffering from HAVS, it is important that you seek medical advice.  It is then key that you seek the advice of a professional, quality injury lawyer who can advise you as to whether you may be entitled to make a claim for compensation.  By way of example, back in 1997 seven coal miners who regularly used vibrating tools obtained over £125,000 in compensation after being diagnosed with vibration white finger.  Moreover, since 2004 the Government has paid out over £100m to ex-coalminers who have brought claims having suffered from HAVS.

Why might you have a claim for compensation if you have been diagnosed with HAVS?  Simply because by way of The Control of Vibration at Work Regulations 2005 your employer must limit or protect your exposure to vibrations.  What does this mean?  It means that you employer has a duty of care towards you to ensure that you are not over-exposed to vibrations whilst you work.  It may be that you are only allowed to use vibrating tools for a certain period of time and that you are better trained in how to use these tools for example.
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February 03, 2011

Bus Accidents

When we talk of road traffic accidents, we tend to think that the crash involved two or more cars – we typically consider a road traffic accident to be a car crash.  However, as the name suggests, road traffic accidents incorporate all accidents that occur on our roads.  This includes accidents involving buses.  If you have been involved in a road traffic accident whilst you were a passenger on a bus, as would be the case if you were involved in a car accident, you may be entitled to compensation where you have suffered a personal injury.

If you have been involved in a bus crash and subsequently sustained an injury, it will be the case more often than not that the crash was not your fault.  As such you may deserve compensation to place you in the position you would have been had the accident not occurred, and you had not sustained an injury.  You should therefore contact a quality injury lawyer who will be able to advise you on your potential claim.  This may be against the bus company or the driver of the vehicle that caused the collision.

If the accident happened because the bus driver was negligent, you are able to pursue the bus company for compensation.  This is because they are vicariously liable for the bus driver.  In other words, because they employ the bus driver, they are liable for his actions.  The bus driver is their responsibility.  So, if it is considered that the bus negligently crashed, the bus or negligently accelerated or braked too suddenly, causing you to be thrown from your seat for example, you are entitled to make a claim for compensation against the bus company for your injuries.  Bus drivers are under a duty of care to their passengers and have to drive safely and responsibly.  If they do not adhere to this duty then the bus company they work for can be held liable for any injuries resulting from their negligence.
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February 02, 2011

Repetitive Strain Injuries (‘RSI’)

When people hear of others getting injured at work, they tend to think of accidents occurring on a building site, accidents involving machinery, or maybe someone falling off a step ladder when putting items on shelves, for example.  It may therefore surprise some of you to know that one of the most common injuries suffered by workers are Repetitive Strain Injuries, or ‘RSI’s’.  What is meant by an RSI?  Well, RSI is a broad term which relates to the pain people suffer when they overuse a certain part of their body.  RSI affects different areas of your body, but these injuries most commonly occur in your wrists, arms, fingers, back, shoulders, elbows and necks.  Where someone carries out repetitive tasks for long periods and without sufficient time for rest, they may suffer an RSI.  Currently, RSI injuries are keeping thousands of employees off work for long periods at a cost of millions of pounds to businesses.

If you have a desk job and are sat in front of a computer all day, it would come as no surprise to us here at The Injury Lawyers to learn that you have suffered an RSI.  If you are currently in a job which has repetitive tasks, for instance working at a checkout, carrying out the same manual handling tasks over and over again, serving on a production line, or carrying out data entry tasks, and you are also in pain, this may be down to an RSI.  It is therefore important to consider whether you have any of the following symptoms – if you do, get yourself seen by your doctor and seek the advice of a professional injury lawyer who will be able to advise you as to whether you are entitled to compensation:

  • Is there tenderness in your muscles?
  • Are you unable to go about your normal business without being in pain?
  • Do you suffer cramps on a regular basis?
  • Are you in pain even when you are resting?
  • Does a particular part of your body ache, feel numb or tingle?

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