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October 03, 2012

Understanding Why Mitigating Your Claim is a Good Thing

When you are suffering from an injury as a result of an accident, it is inevitable that you will incur some losses. This can include things such as loss of earnings, medical and treatment expenses but also any items that may have been damaged because of the accident. This last one some may think is only applicable to road traffic accidents as of course cars are inevitably damaged one way or another; but items such as clothing and jewellery are always vulnerable to damage.

However, understandably, there has to be something in place to ensure these losses are not exaggerated and stay in the realm of “reasonableness“. This word is used A LOT in relation to losses and is the main guiding principle when calculating losses. So always think to yourself “Is this reasonable?” when incurring any losses – hiring a supercar rather than the courtesy car offered to you is probably not mitigating your loss (unless your car you’re temporarily replacing happens to be a supercar, because an argument for having like-for-like may be accepted).

So what does “mitigating you losses” mean? Basically, that you must try and keep your losses to a reasonable minimum.
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October 02, 2012

Personal Injury Compensation Payout on a Knee Injury – National Average for Knee Injury Payouts

Injuring your knee is usually very painful. As an area of the body that’s prone to injury, you can get anything ranging from some straightforward muscular swelling like a pulled muscle or a stretched ligament to the agony of a torn or ruptured ligament leaving you unable to walk properly for a long time, and even needing surgery.

The problem is that it is too easy to twist your knee to such an extent where you end up rupturing ligaments and needing reconstructive surgery.

A torn ligament may not be so bad, and can be repaired surgically but may be prone to tearing again and will leave you in a lot of pain for some time – but if the whole ligament ruptures, you will likely need a hamstring or patella graft (or similar) where pieces of the hamstring or patellar tendon are taken and fitted in the place of the ruptured ligament (hence the term ‘reconstruction’)
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October 02, 2012

Proving Fault in Road Traffic Accidents

In order to recover damages in any personal injury claim, you must be able to prove that someone else was legally at fault for the accident.

Fault in this sense means that someone was careless, reckless or negligent as to cause an accident.

In personal injury claims, the person who is considered fault is referred to as the Defendant.
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By Editor
October 02, 2012

Medical Negligence Claims Solicitors

A recent report showed that during 2011, the General Medical Council (GMC) the organisation that manage, register, and licenses doctors practicing medicine in the UK, received a total of 8,781 complaints from patients

The three most commonly reported types of complaint were related to:

  • concerns with investigations and treatment, such as failure to diagnose or prescribing inappropriate medications
  • problems with communication – such as not providing appropriate information or not responding to people’s concerns
  • perceived lack of respect for the patient – such as being rude or dishonest

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By Author
October 02, 2012

Getting the Maximum Amount of Compensation – How do we do it?

Claiming for an injury is often something that nobody knows they will do; after all, an accident is by definition something you did not mean or want to do. However, if you have been affected and make the decision to pursue a claim an important part of this is, of course, is making sure you have a solicitor that will get you the maximum amount of compensation you deserve.

Now, claiming for compensation gets bad press sometimes – however an injury caused by an accident can have devastating consequences; for example, you suffer from loss of earnings or in serious cases you can no longer pursue the career you were heading for. Of course this is a main concern for many, however there are others such as medical and travel expenses that start to mount the longer your rehabilitation time is.

So how is compensation calculated? Basically, the compensation you are awarding depends upon how serious your injury is and how long this will affect your everyday life. For example; if your injury is going to affect you for the rest of your life, you are entitled to more compensation than someone who’s injury will be fully recovered in a couple of years (generally speaking).
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By Author
September 30, 2012

How Long Should it Take for an Insurance Company to Reply to an Accident Claim?

It is a question that many people want to know and a question which we are asked time and time again. In terms of how long a claim will take from us taking it on to you receiving a settlement cheque, it is always difficult to say as it depends on a number of factors.

We as a firm pride ourselves on being efficient; we move cases forward as quickly as possible. However, to an extent we do rely on others such as insurance companies, the courts, medical experts etc.

A claim is likely to go through quicker if liability is not an issue and if the symptoms are relatively minor so only one medical report is required. However every case is different and at the outset any time frames given by any Solicitor would be effectively a guess.
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By Editor
September 27, 2012

Care and Assistance After an Injury.

One of the worst parts about being injured after an accident can be the need to rely on those around you to be able to perform the simplest of everyday activities. This can also not be the most convenient set-up for those helping as sacrifices may have to be made – such as time off work. So can this be included in your claim for compensation? Simply put: Yes!

In your claim we look to recover what are called special damages and these include things such as loss of earnings, medical expenses, travel expenses and the subject at hand – care and assistance.

A common miss-conception is that only professional care and assistance can be recovered; but help from family and friends is also recoverable.
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By Author
September 26, 2012

Accident During Driving Lesson Who is Negligent?

Turning 17, these days, just means one thing – you can now learn to drive! The independence, the freedom, and the confidence that can come with driving makes learning to drive one of the most beneficial things to do. As a driver myself, I often say to people who are looking to start learning that it will be the best thing they ever invest time and money in.

The requirements of learning to drive are quite simple:

  • You must hold a provisional driving licence
  • You must be supervised when driving by a driving instructor or someone over the age of 21 who has held a full driving license for at least 3 years
  • You must display “L” plates

Your driving instructor or supervisor has a duty to ensure that you are driving in a safe manner and therefore learner drivers should feel in safe hands when learning to drive: but the person sitting next to you in the car is not normally the problem.
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By Author
September 25, 2012

Road Traffic Accident Compensation Solicitors

Being involved in a road traffic accident is not a very nice experience. If you have sustained injury as a result of a road traffic accident which was not your fault then you may be entitled to make a claim for compensation.

Road traffic accidents can occur in many different circumstances.

I am not surprised by the number of road traffic accidents, just drive during the rush hour and you can see why there are so many accidents on Britain’s roads. Most days I see people driving while on a mobile phone, driving too fast or driving too close to the car in front. It is maddening when you see this kind of driving behaviour. It is easy to become annoyed and this can make the situation worse as you should be calm and attentive while driving.

Typical accidents include rear end shunts and accidents at roundabouts. Accidents can also be caused as a result of vehicles changing lanes. Road traffic accidents can of course be fatal. You can bring a claim whether you were the driver of a vehicle or a passenger. In fact if you were a passenger then it could be said that it is more straightforward as it is difficult to see how a passenger could ever be at fault for a road traffic accident.
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By Editor
workplace injury claims
September 21, 2012

Quantum of a personal injury claim

So what does the term quantum actually mean? Quantum in law essentially means value. Every day we get asked questions along the lines of “How much compensation will I receive?” and “What’s the value of my claim?”

The first point to note is that it’s impossible to value a claim at the outset – any value given by Solicitors at this stage is an approximate – for example if your injury sounds like a general whiplash injury you may hear figures of £1,500 to £2,000 being talked about.

However, in reality, it’s impossible to properly value a claim at the outset as the value of a claim depends on the injuries sustained and the effect of the injuries on the Claimant’s life.
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By Editor
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