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With the winter months almost upon us, we can still see the damage that last winter did to our roads and pavements.  On our daily journeys to and from home, it sometimes feels as if we are driving on an obstacle course, weaving around the holes in the ground, trying to avoid damage to our vehicles.

There is not just the issue of what damage a poorly maintained road can do to our vehicles, but there is also the issue of public safety.  A pothole can be a tripping hazard to pedestrians.  Motorbikes, mopeds and bicycles are extremely vulnerable to these defects of the road.  Any incidents involving these types of highway users could be catastrophic.

It is the duty of the Councils to keep our highways as safe as possible by carrying out regular inspections and maintenance checks. So – when are the counsels going to fix the holes properly and not just lay a bit of tar to cover the hole to get us through the next couple of months?
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As I am sure you are no doubt aware, your back is one of the most important areas of your body. It’s responsible for carrying the weight of the rest of you! As a result, it’s important to look after it – but it can’t be helped when you end up with a back injury as a result of someone else’s negligence.

That’s where we step in…

You are eligible to make a claim for compensation if you have ended up with a back injury that was caused through no fault of your own. Here’s a quick guide using the three step approach we have to claiming here at The Injury Lawyers to fill you in on your claim for back injury compensation:
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As specialist injury lawyers, dealing only in claims for compensation for personal injury accidents, we really believe we have seen it all. There is no accident claim that we will not have a look in to for you to see if we can help out.

One such specific type of accident is those involving forklift and pallet trucks. Normally, these are accidents at work; however, they can be from visitors to warehouses or perhaps at a large cash and carry type store.

But the main question on people’s lips is – do you have a claim for compensation?
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One of the questions that sometimes crops up here at The Injury Lawyers relates to claims against uninsured drivers.  The usual course of action in a road traffic accident is to pursue the insurer of the negligent third party driver who has caused your injuries. 

In most cases the other driver will have insurance and it really is a simple process of submitting a claim form online and receiving their admission of liability within a couple of weeks.  But what happens if the other driver is not insured?  Well you could pursue the other driver themselves personally, but in the vast majority of cases they will not be worth suing (in other words, they do not have enough money to recompense you).  Instead, what you can do is make a claim through the Motor Insurers’ Bureau (‘MIB’).

In 1946 the MIB was set up to provide compensation for those who have been injured by the negligence of an uninsured third party driver.  Instead of saying that they cannot be compensated because the other driver broke the law and drove with insurance, the MIB can dip into their compensation fund and pay out for your vehicle damages and injuries.  The reason they can do this is because each year every motorist contributes roughly £30 through their insurance premium to set up this fund.  Although you may not like the sound of that, at the end of the day, one day it could be you that requires this fund.  In fact, each year over 50,000 people are compensated by the MIB.
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At The Injury Lawyers we deal solely with personal injury cases.  Every day we deal with claims for injuries sustained at work, whilst out and about on our streets, stemming from faulty products, and so on.  But it is road traffic accident claims that account for much of our work.

Unfortunately, it is somewhat of a fact of life that numerous road traffic accidents occur each day – as a result people suffer a whole host of injuries.  In most cases it will be human error that has caused the accident.  Where the accident was not your fault, but the fault of a negligent third party, and where you have been injured as a result, you will more than likely be able to make a claim for compensation.  Doing this is actually very easy and does not take long at all.  Here is a quick guide as to how you can claim compensation.

Firstly you should seek to instruct an experienced and quality injury lawyer who will not charge you whatsoever for their work.  They will then take you through the road traffic accident claiming process right from the start, and get your claim moving forward from day 1 onwards.
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Claiming for compensation for injuries that were sustained in accidents which did not involve motor vehicles is different, but still nevertheless straightforward.  Here is a quick guide:

The first step is to produce what is known as a ‘Letter of Claim.’  It outlines who you are, your accident, the injuries you have sustained in this accident, and why it should be considered that the Defendant was negligent and should provide you with compensation.  This is a simple document which, so long as we have as much detail as possible, can be submitted to the Defendant straight away. 

The Defendant then has a period of 21 days in which to acknowledge the Letter of Claim.  In most cases they will write back to your legal representative to inform them that they have noted your wish to pursue a claim and that they will now investigate your claim or will pass the claim to their insurers / claims handlers / solicitors (a typical practice) who will investigate on their behalf.  Once the Defendant has acknowledged the Letter of Claim they have 3 months to come back with their position on liability; i.e. whether they will admit or deny liability.
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One of the most common sorts of accidents that involve motorcycles and / or bicycles arise from drivers pulling out of side roads without checking that the road they are turning in to is fully clear!

It’s normally quite easy for a car to spot another car or similar larger vehicle on the road; motorcycles and bicycles are harder to spot, despite the best efforts of the riders to make themselves visible with illuminated clothing and well lit vehicles.

We will not broach the reasons as to why this happens, as I think it’s pretty simple to work it out: some drivers simply do not pay enough attention and do not keep a special lookout for motorcycle and bicycle riders. Unfortunately, the end result is a collision and a potentially seriously injured rider.
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There’s a general rule when it comes to making claims for compensation – if you were a passenger in an accident, you pretty much have a dead cert definite winner of a claim for compensation if you have ended up injured. So, is this the case for bus passengers too?

Unfortunately not – bus claims can actually be very difficult to win; dependant on the circumstances.

Collisions
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Claiming for injuries arising out of road traffic accidents is often straightforward.  This is because in most accidents it is quite clear who at fault.  It follows that if you were not at fault for the accident then you can be compensated for any injuries you may have suffered.

Here is an example: You are driving along and you are approaching a roundabout, you slow down to a halt as there are already cars on the roundabout, when unfortunately a third party driver negligently collides with the rear of your vehicle and you sustain whiplash.  You are not at fault for this accident and have been injured at the hands of another person, and you can therefore make a claim for compensation.  The Defendant’s insurer knows this and this is what you have to look out for.

If you have been in such an accident it may be that the other side’s insurer gets in touch with you, knowing full well that you have a very successful claim for compensation, and try and settle your compensation claim directly with you.  This is by no means illegal but it is important to note that if you agree any compensation with the Defendant’s insurers, in most cases, this will be in full and final settlement of your claim.  So if later you realise you are still injured and feel that you should receive more compensation – tough! Your claim has settled and no more compensation can be obtained.  Likewise, if you accept £400 compensation but are later advised that your claim was actually worth £2,000 you cannot go back and say you under-settled my claim, give me the difference.  The process in which your claim is settled directly with the Defendant’s insurer is known as ‘third party capture’.
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Burns can not only be extremely painful and uncomfortable, but they can be highly annoying because it can be difficult to alleviate the pain and discomfort. As well as being in discomfort for who knows how long, dependant on the severity of the burn, you could end up with some form of scarring.

So it comes as no surprise when our expert team of advisors get calls from victims of burn injuries all the time wanting to know whether they have a good claim for compensation or not. Given the potential serious nature of burn injuries, you need advice from an expert firm of personal injury specialist; so feel free to give us a call.

Whether you have been burned by a flame, scolded by hot water, burned by high temperature steam, or ended up in contact with a harmful chemical substance, once you have received your medical attention as quickly as possible, we will see if we can help you out. For now, here is a quick guide to give you a little bit of an insight in to claiming for burn injuries:
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