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February 01, 2011

Can I Make a claim?

One of the most frequent questions we get at The Injury Lawyers is as to whether you may be entitled to compensation.  In other words, do you have a claim?  Fortunately, we are quality injury lawyers with a vast amount of experience in this area we are able to provide you with the answer to this question in minutes (normally).  All we need to know is the sort of accident you have been involved in and the injuries you have sustained.  These are the most important pieces of information.  If you have not been injured, you may not be able to make a claim.  However, if you have suffered an injury, no matter how minor you may think it is, you could well have a claim and be entitled to compensation.  It is also important that the injuries you have suffered were not entirely your fault.  So, if you sustained an injury which is not your fault, you may deserve compensation and it is essential that you seek the advice of a professional injury lawyer who can immediately advise you.

It may now be a good idea to give you some examples of the work we undertake at The Injury Lawyers.  It will show you the sort of claims that can be made and help you take your first steps in obtaining that compensation you may deserve.

  • One of the most common accidents suffered by our clients are those involving road traffic accidents – in other words, car crashes and motorcycles accidents.  If you have been unlucky enough to have been involved in one of these and it was not your fault, you can make a claim for compensation.
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January 31, 2011

How Much is a Whiplash Claim Worth?

Whiplash InjuryThis is a common question I hear on a daily basis from the new clients whose cases we accept – and not just for whiplash, but for any injury suffered through the fault of another person or party.

But how much are you entitled to claim for a whiplash injury? Well, the only way to properly value your injury is with a specialist solicitor on board, and a medical report compiled by an expert. But we can give you a few guides as to what you may be looking at:
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January 26, 2011

Motor Insurers’ Bureau

Despite it being illegal to drive a motor vehicle without suitable insurance, it is quite apparent here at The Injury Lawyers that some people consider it okay to drive uninsured.  This is the case even though the vast majority of people know that it is an offence to drive without insurance.  Interestingly, though I imagine not everyone is aware of this fact, in 2011 it will also be against the law to own a motor vehicle without appropriate insurance unless this motor vehicle is certified as ‘off road’.  However, regardless of these laws, people do drive uninsured, and unfortunately some of these uninsured drivers end up causing accidents.  In fact, each year 23,000 people are injured and 160 people are killed by uninsured drivers.

So, what happens if you are involved in a road traffic accident where the other person is uninsured?  Normally the other persons insurance would compensate you, but in this scenario, it may be that the other person with no insurance has inadequate funds to compensate you. If you have been involved in a road traffic accident and have sustained an injury through no fault of your own, you are entitled to compensation – so what happens where the person who caused your accident has no insurance and no money to compensate you?  You are of course entitled to compensation – but on this occasion, does this right disappear?

The simple answer is – You are still entitled to compensation.  You will be compensated through the Motor Insurers’ Bureau (the MIB).  The MIB was set up in 1946 to compensate the victims of negligent untraced or uninsured motorists.  By way of the Road Traffic Act 1988, every motor insurance company must help fund the MIB.  In other words, part of your motor insurance premium goes towards the running of the MIB.  It is estimated that roughly £15-30 of your insurance premium goes towards the cost of running the MIB.  So, if you have sustained a personal injury as a result of a road traffic accident in which the other side is uninsured, you can still make a claim for compensation.  It is also worth noting that this claim for compensation can include any property of yours which has been damaged as a result of the road traffic accident.  In 2008, 64,000 claims for compensation were settled by the MIB.
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January 20, 2011

Accidents on a Night Out

Many of us go on a night out maybe once every couple of weeks, or maybe even once a week if the pennies allow.  For many an evening out could consist of dinner, a night club, bar or anywhere really where we can go out to let our hair down, relax and socialise with friends.  It is the last thing on our minds that we could have an accident and end up being injured!

It will probably come as no surprise that personal injury claims resulting from a night out are very common occurrences.  This is probably due to the fact that there are many hazards in night clubs and bars – such as spillages of drinks on the floor which cause a slip hazard and, broken glass on the floor which could exacerbate a fall injury or cause a direct injury.  If someone slips on a spillage which was negligently left as a hazard, and in doing so pulls you down to the floor with them, there could potentially be a personal injury claim for both victims’ injuries.

You may not think it, but pubs, clubs, and bars have the same duty to keep their patrons safe as anywhere else.  Many venues prohibit drinks on the dance floor to avoid spillages, or they provide plastic cups to avoid broken glass causing injury.
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December 14, 2010

Plan a Safe Journey Home

With the festive season now in full swing, it is expected that thousands of us will be kicking off our festive celebrations this Christmas in style. Whether it’s a work night out in the city centre or drinks with friends at the local pub, the government are advising us to plan our journey home in advance.

Prior to your night out it is advised that you and your fellow Christmas party-goers decide how you are going to get home in advance. This may mean one of you becoming the designated driver, and sticking to non-alcoholic drinks for the evening. You might want to nominate one of your partners to take you to and from the Christmas party; not only does this save you from spending hours in a taxi queue, it also saves you money, as a lot of taxi’s up their fee around this time of year.

If you do choose to brave the taxi queues you need to make sure that the taxi you are travelling home in is actually a fully licensed and registered taxi. If the taxi is both of the above it will have the drivers I.D clearly displayed in the cab. This is extremely important – if you travel in an un-licensed taxi you are putting yourself in danger, and  you may not even be covered by their insurance (if they even have any!)
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November 15, 2010

Claim For A Supermarket Accident

If you have been injured in a supermarket accident in the past three years that wasn’t your fault, then you may be entitled to make an injury compensation claim. The supermarket can be found liable for the accident if they are found to have shown negligence that contributed towards your injuries.

Whichever supermarket your accident occurred in, you have a right to make an injury compensation claim. All supermarkets have a duty of care to ensure shoppers are safe whilst visiting their premises. Whether the supermarket you shop at is Asda, Morrisons, Tesco, Sainsburys, Marks & Spencer, or a local independent supermarket, they are all responsible for ensuring their customers are safe whilst visiting their store.

Most supermarkets, especially the larger ones, have a system in place to ensure regular safety checks are carried out. These records usually include cleaning check sheets, which should regularly be signed off by the staff responsible for ensuring the checks have been done.
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By Author
November 10, 2010

Claiming for a Sporting Accident

Taking part in regular fitness activities such as sport is highly encouraged by the government and our peers. Not only is it a good way to meet new friends and is a form of social activity, it also helps tackle common problems such as obesity, heart disease and depression. When we take part in any sporting activity it releases endorphins – a happy hormone in our body.

There are a variety of sports in the sporting world that we can choose to take part in, some which involve more physical activity than others. Due to the physical nature of some sports those taking part are aware that they are putting themselves at the risk of a sporting injury. Some sporting accidents can cause serious injuries; some so severe that those injured may not be able to take part in their favourite sport for a long time. A lot of sporting accidents are not the fault of the player themselves, but may be due to other circumstances; if this is the case they may be able to make an injury compensation claim.
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By Author
November 09, 2010

Why Contributory Negligence Works

When we become injured in an accident that wasn’t our fault and choose to make an injury compensation claim a solicitor will look at all aspects of the accident when gathering evidence to find out who was negligent in causing the injuries. Some injury compensation claims may result in a verdict of contributory negligence.

Contributory negligence is when it is agreed, or a court decides, that the injured party in some way contributed towards the injuries they sustained. This doesn’t necessarily mean that they are saying that person helped cause the accident, it may mean that their actions prior to the accident made the injuries worse than they could have been.

For example, if you become involved in a car accident that wasn’t your fault and then suffer injuries due to this, the speed of your vehicle may be assessed, and whether you have been drinking may be assessed, for example. If they find that you were not wearing a seatbelt at the time the accident took place, they may hold you negligent towards your injuries for failing to do so. Stating that the seriousness of any injuries sustained could have been prevented if you had abided by the law and wore a seatbelt.

In a lot of injury compensation claims contributory negligence is used as a defence by the opposing party. In cases like this the defendant may need to prove the negligence of the claimant.

If you are looking to make an injury compensation claim and think that the other party may try and show you were negligent and contributed to your injuries, you can still make an injury compensation claim. It simply means that the amount of compensation you are rewarded could be reduced; for example, a claim that would have resulted in £10,000 compensation may be reduced to £7,500. For more information on injury claims or if you are looking to make a claim contact the Injury Lawyers.

By Author
November 09, 2010

Accidents Caused by Uninsured Drivers

Most motorists in the U.K have the appropriate vehicle insurance to protect them and the other party involved, in the unfortunate event that they become involved in a car accident. When you take out insurance, depending on the type of cover you choose, it covers a range of things. The most basic and cheapest kinds of insurance you can take out is third party fire and theft; however a lot of us prefer to pay out that little bit extra and have fully comprehensive insurance.

Unfortunately there are some drivers out there that disregard the need for them to have motor insurance. They may do this for a number of reasons; whatever reason they choose, they do it because they think that they won’t get caught. When we think of uninsured drivers we may think that it is extremely unlikely they we could become involved in an accident with one. However, the latest figures released show that one in ten motorists has been involved in a car accident with an uninsured driver.
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accident report
November 04, 2010

How long do I have to make an Injury Compensation claim?

When we become injured in an accident that wasn’t our fault, making an injury compensation claim is likely to be one of the last things on our mind. Mostly, we’ll be focusing all of our attention and energy on recovering from any injuries we have sustained. However, when we do recover, we may then decide that making an injury compensation claim is a possibility.

With most accidents, the injured party has a three-year limit in which they are able to make an injury compensation claim. However, in cases such as GBH where somebody has been charged for the offence, those involved normally have two years to make a claim. Depending on the age of those involved and the type of accident, this limit may vary.
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