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We have helped many clients claim for compensation for a range of injuries and problems that have been caused by the negligent actions of a hairdresser. We place a lot of trust in a professional whose job is to ultimately use sharp implements and chemicals on our heads! That, and the fact that many of us out there pride ourselves on our hair.

You can end up injured in a whole host of ways, and many people do not know about their rights to claim for compensation. Here’s a breakdown of scenarios where we have successfully claimed compensation for our clients:

Cuts and Lacerations
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Last week I blogged about Christmas time pre-medical offers.  Essentially I wrote that in the run up to Christmas it is not uncommon for insurers to make you an offer for compensation to settle your claim there and then, and that the reason for this is because they know that at this time of year money can run a little short, and if they make an attractive looking offer given the circumstances, insurers can often get away cheaply from the claim.  Here is another little bit of guidance on offers of compensation – again from insurers – but this time prior to you seeking legal advice from an expert injury lawyer.

At The Injury Lawyers we often come across people who have settled their claim in full and final settlement before they have even considered legal advice and representation.  In such circumstances, it looks as if they have been captured by the third party; hence the term ‘third party capture’ which depicts an insurers’ practice whereby they contact the innocent victim directly and settle their claim for compensation almost straightaway. 

What this means is that they cannot later ask for more compensation having consulted an expert injury lawyer who has advised that they have under-settled their claim.  It is essentially a tactic by the insurer to get away from a potential compensation claim cheaply.
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No doubt you have all seen or heard about the Japanese luxury sports car pile-up – probably one of the most expensive road traffic accidents I have seen in a while with media reports stating that the damage was calculated at £2.46 million! The scene of the once pristine Ferraris, Mercedes – Benzes and Lamborghini now completely destroyed was heart crushing – especially for any car fanatic!
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What is a pre-medical offer?

A pre-medical offer is an offer which is made by the Defendant to settle your claim for compensation prior to a medical report being compiled and disclosed to the Defendant.  The typical course of action in a personal injury claim is for the Claimant to attend a medical appointment so that a medical report can be compiled and later disclosed to the Defendant.  Having possession of a medical report enables both parties to value the claim for compensation and see if they can reach an amicable conclusion to proceedings without the need of going to court to allow a judge to decide on the amount of damages.

Why would the Defendant make a pre-medical offer?
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‘Patience is a virtue’- this motto in my opinion has been done to death over recent years.  I do believe that that there are times in our lives where we simply either cannot afford to be patient, or our patience is taken for granted; one particular area where this is most potent is in the world of personal injury.

For most of the unfortunate people who find themselves to be a victim of negligence, their main aim is to not only recover compensation for their pain, but also to receive closure of the situation as quickly as they can. With this in mind and to ensure that the legal procedure for claims is kept relatively straightforward, there are certain things we can do to speed up the process when the other side or their insurers delay the process by failing to adhere to the rules in place. One such avenue is a “Pre Action Disclosure Application.”

The nature behind a Pre Action Disclosure Application is relatively straightforward to follow. When a defendant fails to comply to the compulsory time limit for injury claims of 3 months and 21 days (to investigate your accident and injuries), we are well within our rights to make a request to the court which forces the Defendants side to disclose any documentation or evidence they may have that could be used as vital evidence in determining whether you have a winning claim or not.
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These days we are all trying to do our bit for the environment – walking, sharing vehicles, trying the bicycle, and using the bus. Amongst the hustle and bustle of busy city life, many more of us are finding using the bus an easier and faster way to travel from A to B. You don’t have the stress of cuing in traffic or the worry of parking; it seems the perfect way to travel sometimes.

However, I can’t help but notice the increasing amount of claims for compensation as a result of a bus accidents here at The Injury Lawyers. Bus accidents can happen not only because of a collision with a third party vehicle, but they can also be a result of the negligent driving of a bus driver.

Whenever I have used the bus, most drivers are cautious to stop and start gently and ensure you have fully stepped off the bus before departing at the bus stop. Most of us are lucky and know nothing different – it seems like standard bus driver behaviour. However, unfortunately, some of us think very different about bus drivers. If you have been in an accident and sustained injuries as a result of a negligent bus driver, don’t suffer in silence – get the compensation you deserve!
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How much is my claim worth? This is probably the question that we at The Injury Lawyers get most asked.  In fact, it was only the other day that I was asked this very question and had a somewhat lengthy conversation trying to explain that it is actually impossible to value someone’s injury claim at the very outset.  Here is a quick guide as to how a claim is valued:

The law is clear.  If you sustain injuries by means of a negligent third party, you are able to receive compensation to put you back in the position you would have been in had the accident not have occurred.  It follows that you can therefore receive compensation not purely for your injuries, but also for any losses that arise directly from the accident and your injuries as well.  Compensation for your injuries is called General Damages, and compensation for your other losses is called Special Damages.

General Damages:
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‘Third party capture’ is a term which describes the practice of third party insurers getting in touch with the innocent victim of their insured’s negligence and attempting to settle their claim for compensation directly with them.

For example, you have been involved in a road traffic accident where someone has collided with the rear of your vehicle and you have sustained whiplash.  You pretty much have a dead cert claim – so their insurer gets in touch with you and offers you £300; you agree, and your claim for compensation is settled.

In effect, you have been captured by the third party (the insurer).
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I imagine that most of you reading this blog will be well aware that Christmas is approaching.  Shops have all their decorations up and have made it only too clear that Christmas is coming.  City centres have begun putting up their decorations up as well, and television already has so many Christmas adverts.  In fact, I might go so far as to say that we cannot get away from the fact that Christmas is almost upon us!

Christmas is a time for giving; but unfortunately giving can sometimes cost a fair bit of money, especially if you have children, or a close but extended family. 

Insurers are only too aware of this fact as we at The Injury Lawyers know only too well.  If you have an injury claim, given the time of year and money being that little bit tighter, it is not uncommon for an insurer to put forward an offer to settle your claim now at an early stage in the case.  This is what we call a pre-medical offer – an offer to settle your claim, made by the third party, before you have had a chance to obtain medical evidence in support of your injuries.  In other words, it is an offer, by the insurer, to get rid of your claim as soon as they can.
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At The Injury Lawyers, we frequently speak to people who have been injured whilst out shopping at the supermarket.  Often they want to know if they have a claim, and if we are happy to advise them for free about their chances of winning. 

We advise that any potential claim can be brought about as an Occupier’s Liability claim, which means that if you are a visitor to premises, in this case a supermarket, the supermarket owes you a duty of care to ensure that you are safe whilst in their premises. 

So, if you have an accident at a supermarket and believe it was not your fault, you could bring a claim for compensation against the supermarket for neglecting this duty of care.
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