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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
August 17, 2012

Manual Handling Training – Who Carries the Responsibility?

Manual Handling and the techniques involved in moving loads from one place to another has become a mainstay in almost all companies’ health and safety folders. These are techniques designed to reduce the risk of employees injuring themselves and make everybody’s lives easier; but who has the responsibility when it comes to employees’ education in these techniques?

The answer can be found in the Manual Handling Operations Regulations 1992. These say that under the Health and Safety at Work Act 1974 and the Management of Health and Safety Regulations 1999 it is an employers’ responsibility to provide employees with the proper information and training on health and safety matters – this can look like quite a complicated statement as it contains a lot of different pieces of legislation but the message is the same – it is your employers responsibility to make sure that you know what you are doing at work when it comes to manual handling, and the best way to do it.

However, putting this into practice requires a two-way flow of information between you and your employer and means that both of you have roles to play in making sure that injuries are not suffered in the workplace.
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By Editor
August 15, 2012

Scaffolding Accident Compensation Claims

The legal duty of an employer is take reasonable care for the health and safety of employees and to reduce the possibility of accidents and injuries at workincluding scaffolding accidents if you work with scaffolding.

In respect of scaffolding accidents, some of the main risks are if the scaffolding is on poor foundations, if boards are missing from the platform, or if boards are uneven or of poor quality etc. Of course there are many other risks with scaffolding and it is imperative that scaffolding is erected properly and safely.

The building industry has proven to be a dangerous environment for workers and for the general public. If you are the victim of a scaffolding accident then you may be entitled to make a claim for compensation.
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By Editor
August 15, 2012

Uninsured Drivers & MIB Claims

As insurance policies become more expensive, more drivers are likely to take to the road without insurance. Although I understand that sometimes the insurance is just too much to pay, what some of these drivers fail to realise is that uninsured drivers are one of the main culprits for pushing up insurance premiums in the first place – aside from the fact that it is illegal!

If more motorists are driving without insurance then surely that means more people will be involved in a Road Traffic Accident with an uninsured driver? The answer is yes – Here at The Injury Lawyers, we have seen an increase in the number of client’s coming to us to request advice about claiming for injuries they have sustained at the hand of an uninsured driver.

Most client’s do not believe you can make a claim for compensation against an uninsured driver –the great news is that you can.
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By Author
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