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September 17, 2012

Claiming for Whiplash After Accident

You may not be surprised to hear that whiplash claims are one of the most common types of personal injury claims. Whiplash claims unfortunately seem to attract a lot of bad press as well.

However anyone who has ever suffered a whiplash type injury will know that whiplash can cause a great deal of pain, discomfort and inconvenience. Whiplash is a genuine injury and an injury which is compensatable in law. I believe the main difficulty or the reason why whiplash claims receives such a bad press is due to the perceived difficulty in diagnosing the condition.

If you have sustained whiplash following a road traffic accident then it is your right to claim compensation.
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By Editor
September 14, 2012

Moped Accident Compensation Claims

A moped is a motorcycle that has a maximum design speed of approximately 31 miles per hour and can be driven on the road at the age of 16 with a provisional licence and “L” plates. Making these vehicles extremely popular with teenagers. They are a perfect for teenagers who are starting to gain their independence.

However, as with motorcycles, they are involved in a high number of accidents on the road. How, if they can only go 31mph? Well the answer is that mainly mopeds are involved in accidents due to other road users who are not looking and checking mirrors properly.

The main scenarios include vehicles pulling out of a side road into a moped which is correctly proceeding on the main road, vehicles pulling out of stationary traffic whilst a moped is attempting to overtake the stationary traffic, and vehicles changing lanes when a moped is travelling at the side of them.
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By Author
September 04, 2012

Guide to Ligament Injury Compensation

When you think of serious injuries, most people think fractures – but damaging your ligaments can be equally as devastating, as I am all too familiar with myself! You think breaking your leg is bad? Try rupturing several ligaments in your knee requiring you to undergo a multi ligament reconstruction operation! Anyway – to define, a ligament is a soft fibrous tissue that connects bone to bone. You have them all over the body – and the famous ones to injure (for the footballers out there) are the dreaded cruciates!

There are several ways you can injure ligaments. In many cases, ligaments are stretched beyond their normal range of movement, and you end up with pain, swelling, stiffness, and the usual muscular related symptoms that will normally die down over time. However, things get a little more serious when you tear or rupture ligaments.

A torn ligament is exactly what you’re thinking – the tissue is torn; normally due to an overstretch far beyond the capacity the tissue has to stretch. Torn ligaments can be very painful – you will normally know when you’ve done it! The pain is normally enough to warrant you needing to see a GP or a medical expert, so you can usually get a diagnosis from them. For many torn ligaments – in the leg in the arm – after a few weeks or months you are commonly back to normal. However, some crucial tears like knee ligaments or elbow ligaments may require an operation.
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By Author
August 30, 2012

Case Law Bouncy Castle Accident Claims

Bouncy castle accident claims may be more common than you think. Unfortunately many accidents on bouncy castles can and do cause severe injuries – and these injuries are often to children or minors. Of course, bouncy castles can be a good source of entertainment for children but they are not as safe as we may suspect them to be.

One major issue seems to be with the variety of age groups that use bouncy castles. The danger here is that young children (such as at the ages of 2 to 10) are using the same bouncy castle at the same time as young teenagers (aged 13 to 16) for example. This is a recipe for disaster.

As we are all aware, children grow up at different speeds and some children aged 13 to 16 can be as heavy and as big as adults. This in turn causes a big danger to the younger more vulnerable children as they could be crushed or injured quite easily. Despite this danger being very clear and obvious, some children are still put into this dangerous situation.
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By Editor
compensation cheque
August 30, 2012

When will I get my compensation claim cheque?

This is a question that we get asked time and time again. It is not always an easy question to answer. We always try to move a case forward as quickly as possible but at times we are relying on other parties (such as insurance companies and the Courts) to do this. We have policies in place to ensure that we move the case forward as quickly as possible at our end.

When a claim is formally taken on, that is when we have entered into an agreement (such as a Conditional No Win No Fee Agreement) with a client; we can start to prepare a formal Letter of Claim. The agreement is simply confirmation that we as a Firm of Solicitors agree to act on your behalf to pursue your claim.
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By Editor
August 29, 2012

JSB Whiplash Guidelines

Please note that the information below is provided as a rough guide to how much whiplash injury claimss can be worth. Settlements should always be based on medical evidence to avoid the risk of under settling. Please do not take the below information as a definite value for your claim – always speak with a solicitor.

The JSB (Judicial Studies Board) whiplash guidelines provide rough estimates to what you could expect to receive when suffering from a whiplash type injury. As you will see, the brackets are rather wide ranging- this is because, realistically, nobody can EVER know how much your claim is worth prior to medical evidence. This is to avoid what is known as “under settling”.
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By Author
August 27, 2012

Mitigating and Minimising Your Losses

In a claim for personal injury you can recover damages for the injury itself (this is known as General Damages) and you can recover damages for any losses that you have incurred as a result of the accident (this is known as Special Damages).

In all personal injury claims you are under a duty to mitigate or minimise your losses. I will attempt to explain just what this means for you as a Claimant.

Say for example that you sustained injury due to a pothole in the pavement, you stepped in the pothole and unfortunately twisted your ankle and fell to the floor. You can recover General Damages for your injury (twisted ankle, bruising, cuts etc) and you can recover Special Damages for any losses that you may have incurred (damaged/torn clothing, unable to use your gym membership for a few months, lost earnings etc). With Special Damages it will often require some form of proof that you have suffered the loss –  so where possible you should retain receipts and records.
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By Editor
August 27, 2012

Pre Medical Offer

Let’s get straight to business on this one – a Pre-Medical Offer is not something that should be taken lightly. As the name may or may not suggest to you, in the world of personal injury claiming, this is an offer made to a Claimant (you if you are making a personal injury claim) to accept a sum of money in settlement of a potential claim.

It is usually made by the other parties’ insurers and it is an offer made before you have been for a medical assessment of your injuries. By medical assessment, we mean a legally, organised one – not a visit to your own GP! The aim is to get you to settle your claim before you have had your medical report.

Right now you should be asking yourself the question, “if I’m claiming for an injury but I haven’t had a specialist look at it then how do I know how bad it is?” The answer is that you don’t.
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By Editor
August 21, 2012

Work Equipment Compensation

Most people would agree that the manufacturing industry is not what it once was – certainly not in the Steel City where I grew up. However, that is not to say that there is no heavy industry anymore and many people still go to work in factories every day. Most modern factories will of course involve certain types of machinery which the law calls “work equipment”.

Work equipment is any machinery, appliance, apparatus or tool that you use at work for your role. This may be something that your employer has provided or something that you have brought to work yourself. If you are using it as part of your employment then it is classified as work equipment. Work equipment is not the same as personal protective equipment (i.e. gloves, boots and safety helmets) and the two are dealt with by separate regulations.

There are specific rules and regulations that your employer must follow to make sure that you are safe when using various types of work equipment. These regulations are the Provision and Use of Work Equipment Regulations 1998 and these set out all the responsibilities that an employer has toward his employees.
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By Editor
August 21, 2012

Package Tour Regulation – Accident Abroad Compensation Claims

Everyone looks forward to their summer holidays – sun, relaxation and usually a healthy dose of alcohol! There aren’t many things that sound better to me personally.

However, while holidays abroad are all well and good, if something goes wrong and you are a long way from home, what can you do about it?

If you have booked a package holiday in the UK and have suffered an injury in your accommodation or in a place where the company that you booked with were looking after you then you may have a right to compensation through the Package Tour Regulations 1992.
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By Editor
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