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October 06, 2011

Slip and Trip Claims for Compensation

The phrase ‘slips and trips’ is often used to describe one of the most common types of personal injury claims.  These accidents can happen at work – for example, if an obstruction has been left in a corridor, liquid has been spilled on the floor, or the surface of the floor is in poor condition. Alternatively, they can also happen in public places such as in the street because of a pothole or uneven paving slab or on private premises where the public have access such as a cinema or supermarket.  

It is also possible to make a claim if you have a slip or trip on private land that is not open to the general public. However, for this type of claim, you must generally have been invited as a visitor onto the land or otherwise have a good reason for being there. An easy example – as a customer in a supermarket.

In both cases, the person or organisation responsible for the land or building has a legal duty to make sure that the area is reasonably safe. Whether the owner has failed to keep the area safe will depend on the circumstances, such as the type of land or building. For example, local authorities have a duty to maintain their pavements to keep them in good condition.
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October 05, 2011

Compensation Calculator – Third Party Capture

You may have probably stumbled upon this article because you simply want to know how much your claim could be worth.  You may just be curious as you have now instructed your lawyers to deal with your claim, and you are pondering what your payout could be.

Or – you could be trying to gauge how much the insures of the driver at fault in the accident you were in is going to pay you directly.

Well, if you are dealing with the insurers directly – I have some VERY grave news for you.
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By Author
October 03, 2011

How do I Claim Compensation

At The Injury Lawyers we are frequently asked about how the compensation claiming process works.  In most parts the claims process is actually quite straightforward; what is better is that with the right lawyer your side they will do all the work for you.  Here is a quick guide to how you accident claim works.

The first thing that is required is to produce a Letter of Claim.  This outlines your accident and why we consider that the Defendant is legally responsible for your injuries and should therefore provide you with compensation.  At The Injury Lawyers we try and get this off to the Defendant as soon as possible to make sure that there are no delays in getting your compensation.  It is therefore extremely helpful if you have all your details along with the accident circumstances, in as much detail as possible, so that your Letter of Claim is thorough and can be sent straightaway. 

The more detail your lawyers have the faster your claim can be settled because the Defendant will be able to investigate your claim without having to seek further information.  When your Letter of Claim is sent the Defendant has a period of 21 days to acknowledge receipt, and then upon this, a further 3 months to investigate your claim.  This is not to say that the Defendant will need these 3 months to investigate, but they are allowed this period of time.  Naturally, the more detailed the Letter of Claim, the faster your claim can be investigated.
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By Author
October 03, 2011

Referral Fee Ban

At The Injury Lawyers we welcome the recent announcement that referral fees have been banned.  We believe that this will provide greater transparency within the legal and insurance world and will ensure that the Claimant gets the best possible service.

A referral fee is a fee paid by a solicitor or claims management company to an insurer for the details of those who have been unfortunate enough to have been involved in an accident and sustained injuries as a result.  For example, you have been involved in a road traffic accident and suffered a broken arm through no fault of your own. 

Insurers know you have a claim for compensation and will provide your details to a solicitor or claims management company who is willing to pay between £200 and £1,000 on average for those details.  The reason they will pay such a hefty fee is because they know your claim for compensation has excellent prospects of success and that they can get this referral fee back and more in legal costs when they win your case.  All they have to do is get in touch with you, get you on board, and then win your claim – which is actually quite straightforward.
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By Author
September 30, 2011

Personal Injury Claims for Children

Children are involved in accidents every day; whether at school, in the playground, or at home. Quite often this is simply a pure accident that is no one’s fault. However, children can be the victims of other people’s careless behaviour, just the same as adults.

Young people suffer injuries in pretty much the same sort of circumstances that adults do, whether it is as a passenger in a car, tripping or slipping in a public place or because of a faulty product.

Children are more vulnerable than adults and this means that people in situations involving children have to take extra care to ensure that they do not cause harm to children because of their carelessness.  It also means that children can claim compensation in situations where adults could not; for example if a child has an accident because they were not being supervised properly.
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By Author
September 30, 2011

Broken Bones

On average, someone in the UK will suffer two broken bones in their lifetime. A fracture is the medical term for a broken bone; but they both mean the same thing.

A broken bone can range from a barely noticeable hairline fracture through to a bone that has been completely snapped into separate pieces. Healthy bones are generally very strong and will actually bend under pressure. But sudden or very forceful impact can cause the bone to fracture. Young children’s bones break more easily because they are still growing, but they will also heal more quickly. Unfortunately, as we get into old age, our bones become more brittle and will break more easily.

Doctors refer to broken bones in a number of different ways depending on the type of break or fracture. The most common include:
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By Author
September 29, 2011

Claiming Compensation from the Council

If you have been injured through tripping, slipping or falling on a defect whilst out and about on the highways, whether it’s from tripping on a raised paving slab, or falling down because of a pothole in the road, you are eligible to initiate a claim with the local highways authority of council.

Every stretch of land is under the jurisdiction of a local council or some branch of highways authority; their responsibility is to ensure that all areas within their jurisdiction are regularly inspected and maintained and rectify any defect that may appear.

If you end up injuring yourself because of a defect in the highway, I, unfortunately, have some rather grim news for you. We here at The Injury Lawyers do not like to mollycoddle you when it comes to the serious business of making claims. We tell you straight, right from the start, whether we think you have a good claim or not. In many instances, it’s difficult to tell without some form of investigation with the other side on our Genuine No Win, No Fee basis. But what I can tell you is that making a claim against your local council or a highways authority is a very difficult process.
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By Author
September 28, 2011

Referral Fee Ban – The “Whiplash Invention”

OK – so over the last few months I have been praising former Justice Secretary Mr Jack Straw for exposing the insurance industries “dirty secret” that they are responsible for the exponential increases in insurance premiums by selling claims on to lawyers for pure profit.

When the insurance companies have been telling you that the increase in premiums as a result of personal injury lawyers and claims has resulted in increases of up to 30%, it transpired that this was largely a symptom of your own insurance company encouraging potentially scrupulous claims by pushing you in to making one so they can cash in on up to £1,000 for referring your claim. Even if you’re genuine, they’ll make you claim using their referral fee solicitor; not because they are doing you a favour, but because they get paid to pass your personal details around.

We have spoken out against this on hundreds of occasions, as we never involve ourselves in referral fees, and have advised many victims of the referral fee system to change lawyers as soon as they can after they have been subject to poor service levels and potentially low payouts because their referral fee solicitor is too cash strapped to act for them in the right way thanks to wasting a huge portion of their budget on paying the fee.
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By Author
September 22, 2011

Uninsured Driver Compensation Claims

At The Injury Lawyers we deal with all sorts of personal injury claims on a daily basis.  In the main they concern the innocent victims of the negligence of third party drivers.  Road traffic accidents are unfortunately a common occurrence – but when it comes to claiming compensation they are relatively straightforward matters and can be dealt with very quickly.  In most cases you will be able to provide the third party’s details and we can get the ball rolling on your claim straightaway.

But what happens if the third party was uninsured, given that it is the third party’s insurer that will normally be providing your compensation?

Naturally you can still make a claim for compensation; it is just that your compensation will be provided by the Motor Insurers’ Bureau (‘MIB’) and not the third party’s insurer as they do not have one.  It would simply be unfair if you were injured like anyone else but could not be compensated because the third party had committed the criminal act of driving with no insurance.  That is why the MIB was set up in 1946 – to provide compensation to victims of uninsured drivers.
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By Author
September 22, 2011

Manual Handling Regulations 1992

Many of us lift things within the work place without even thinking about the consequences – this may result in injuries such as repetitive strains on our bodies.

In the rules there is no specific maximum weight that a person can lift at work.  This makes sense as we are all different individuals and the levels that we can push ourselves to vary from person to person.

Ergonomics is described as ‘fitting the job to the person and not the person to the job’.
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