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These accidents commonly fall within the scope of Occupier’s liability claims. What this means is that the occupier of a premises has a duty to you to ensure you are safe whilst on their premises and if this does not happen they may have breached their duty and therefore you may be entitled to compensation.

Injuries sustained in a gym are usually as a result of defective equipment – as it is incredibly unlikely that you are going to be able to claim for picking up a weight that is too heavy for you or running too much on a treadmill; you have to show that someone else has been negligent and but for this negligence you would not have sustained an injury.
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To put it simply a claim would be made under the Athens Convention if you sustained injury through an accident which was not your fault, whilst onboard a ship at sea. In some instances a claim may be brought under a different law or regulation such as via The Package Travel Regulations 1992. It is essential that you seek legal advice as soon as possible so that your Solicitor can advise you as to your best course of action.

The Athens Convention declares a carrier liable for damage or loss suffered by a passenger – if the accident which caused the damage occurred in the course of the carriage and was due to the fault or negligence of the carrier. A carrier can limit his or her liability unless the carrier acted with intent to cause such damage or acted recklessly and with knowledge that such damage would probably result.

The injury could be caused due to the negligence of the captain. Injury could also be caused as a result of slipping on wet decking, for example.
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When it comes to making your personal injury compensation claim, we know that you want the maximum compensation, the toughest lawyer to fight your case, and a great service. This can really only be offered by an Accident Injury Specialist – and we know where you can find one!

You might call us bias for plugging ourselves here, but let me give you a few reasons why you should make your personal injury compensation claim with our expert team here at The Injury Lawyers:

Specialist Lawyers

There is a reason why we are called The Injury Lawyers – we only represent victims of personal injury compensation claims, and we don’t deal with any other types of law. All our staff are trained to specifically help victims for compensation claims, and we have a bespoke way of working that is suited to making sure our clients get the maximum compensation in the quickest time possible. The lawyer working on your file will be a specialist injury lawyer with a wealth of experience behind them.
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As always, it really depends on the type of accident you’ve had. But I will try and help out with some general guidance as to what happens next once the Defendant has accepted liability for your personal injury compensation claim.

Accepting liability is essentially the Defendant agreeing that they owe you compensation for what has happened. They accept there’s been a breach of duty on their part.

When making a claim for compensation there are two hurdles to cross that make for a winning claim – liability and causation. So liability is that first part – proving someone is at fault – causation means proving that the fault has caused a loss to you.
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We’ve been covering this a lot lately – simply down to the fact that most other law firms are now charging clients up to 25% of their compensation and asking for payment of an insurance fee. Why? Because our genius government decided that years and years of access to fair justice should be quashed in favour of insurance companies saving money. Whether this is down to how much money a lot of politicians seem to have in the insurance industry is a question in itself; but I digress.

April 1^st 2013 saw the biggest shakeup in the personal injury claiming world ever. For the first time in a long time, the innocent victims of negligence are now expected to pay to be compensated. Whilst lawyers can still recover most of their legal fees from the other side, we can now no longer recover a Success Fee and an After The Event Insurance fee.

The Success Fee is part of our fees that reflects the risk of a case. Some are riskier than others, and we can’t win them all – so we do lose money when we cannot continue a case on a No Win, No Fee basis. This Success Fee now cannot be recovered from the other side, and this is where the 25% has come in. The reason why it’s commonly 25% is because that is the maximum a lawyer can charge a client for the success Fee.
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Since legal reforms came in to place on April 1^st of this year, the whole personal injury legal system has been shaken to the core with most law firms now charging clients up to 25% of their compensation and asking them to pay for an insurance premium after our genius government changed the law so lawyers can no longer recover all fees from the other side.

Before April, we had, in my opinion, a nice and fair system – you make a claim for negligence, and the other side pays for your legal fees because it’s not your fault that you were injured and it’s not your fault you need to make a claim as a result. But our current government, in all of their infinite wisdom, essentially decided that victims should pay. That’s why lawyers can no longer recover a Success Fee, which is a part of our fees that help us to fund the risk of taking cases on on a No Win, No Fee basis, and an After The Event insurance premium which is for insurance to protect you against costs from the other side or from having to pay unrecoverable disbursements.
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On 1^st April 2013, the whole personal injury system was shaken to its core when the government decided that the innocent victims should not be allowed to recover all their legal fees for pursuing a claim from the opponent. Whilst lawyers can still recover most things, we are no longer allowed to recover a success fee, which helps us fund no win, no fee claims, or an After The Event insurance premium, which is insurance to protect the client against costs.

A cap has been placed on lawyers so we cannot charge anymore than 25% of a person’s claim for pain and suffering and past financial losses for the success fee, and most law firms are now charging the full 25%. On top of that, they are asking for payment of the insurance as it’s no longer recoverable from the opponent either. To try and help offset clients being charged, compensation victims do get an extra 10% compensation under the new rules – but they are still at a loss.

According to our research so far, the vast majority of law firms have settled on charging the full 25% and are asking for payment of the insurance. People are losing out. But our boss here at The Injury Lawyers decided to be different – as we have always tried to be!
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Accidents in supermarkets are one of the most common types of accidents we see as personal injury lawyers. I suppose we can all see why this is the case. Supermarkets can be extremely busy places – the sheer volume of people coming through the doors, the sheer amount of products, the numbers of staff – accidents are bound to occur. We have come across a wide range of supermarket accidents including accidents involving roll cages, accidents caused by spillages, accidents caused by items falling off shelves etc.

Accidents at supermarkets come under the scope of occupier’s liability. Basically the supermarket owes you (as a lawful visitor) a duty of care. This is a duty to keep you safe and free from harm while you are on their premises. This duty means that the store must be kept safe to prevent visitors from sustaining injury. If a spillage occurs on the floor then this clearly poses a slipping hazard. A wet floor sign should be erected and the spillage should be cleaned up as quickly as possible. Of course other factors are important such as whether the wet floor sign was clearly visible, if erected at all at the time of the accident, the time between the spillage and the clean-up operation etc.
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Lifts are one of the common phobias that people have. Some people don’t think twice before entering a lift but other people do have a genuine fear of them. While in the most part lifts have proved to be safe and necessary, they have also been the cause of accidents resulting in serious injury and even death. I would argue that lifts are perfectly safe providing they are regularly checked and maintained by suitably qualified and experienced engineers. A simple internet search will give you examples of injury and death caused by lift accidents.

We all probably accept that lifts are necessary, especially for disabled persons or people with a trolley or pram. However I do think they fuel laziness in some people. Personally I would always choose to walk up a flight of stairs unless I had a pram with me. However I can understand using a lift if you are required to go up multiple flights of stairs, in a hospital for example. I don’t agree with taking the lift purely out of laziness but that is just me. I feel that lifts should only be used by people who need to use them.
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If you are involved in an accident as a passenger, and a collision took place, you generally should have a successful claim. As a passenger, unless you did something reckless like pulled the handbrake or distracted the driver or had some kind of impact on the accident, you shouldn’t be at fault. If one car hits another and you are a passenger in either of the vehicle, you should be able to make a claim.

The reason why I highlight the point of there being a collision is that, for a collision to take place, someone must have been at fault in the vast majority of circumstances. If there isn’t a collision, say you are a passenger on a bus and the bus suddenly stops, then you may not have such a strong case. It all depends on the reason as to why the bus stopped. If it stopped because another driver negligently pulled out of a side road, then it isn’t really the fault of the bus. If the other driver can’t be traced, it could be difficult to claim against them directly.
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