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May 06, 2011

Whiplash Claims Guidance

Whiplash can be an extremely painful and frustrating condition. Sufferers can also have a lack of understanding from others – this may be due to the fact the condition is not so plain to see as a head injury or a broken bone. At The Injury Lawyers, however, our approach is entirely different as we talk to many of our clients on a daily basis and hear how the condition is affecting all areas of their life.

Whiplash is caused by a sudden jolting to the head, which causes the neck to move beyond its normal range – thus damaging tendons, nerves and/or muscles in the area.  We most commonly see whiplash injuries as a result of road traffic accidents; however, it can also be caused by falls, especially those from a height.

Symptoms
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May 06, 2011

Supermarket Accident Claims

Supermarkets can be one of those places where we end up spending a lot of our time. That is why it is so important that they are a safe environment for us to shop in, whether it is with children in tow or on our own. For the majority of people, shopping in the local supermarket goes by uneventfully – but for the small minority, accidents can happen. If you have been involved in an accident that was not your fault, then you may have a claim for compensation.

Supermarkets like anywhere else have a duty to protect their customers as far as is reasonably possible from harm. They must abide by strict health and safety standards and ensure that all the staff are also trained in maintaining these high standards.

You may feel that bringing a claim against a huge corporation such as a supermarket will be too difficult, costly, and time consuming to do; however, this simply may not be the case. All claims, whether they are against one person or a huge corporation, run in the same manner, and if you get the right solicitor on board, there should be no costs at all for you to bear.
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April 27, 2011

Compensation Claiming Advice

I fear that many people out there may be sat at home and struggling with the pain of an injury caused through no fault of their own. These people may be considering making a claim, but feel that it would be too much hassle for them to proceed with after what may have been a traumatic accident.

I am writing this blog to inform those people that compensation may not be the hassle that you may think. With the right specialist personal injury lawyer involved, the hassle can be minimal relative to what you may get out of your claim by way of compensation.

If you choose the right lawyer, you may not only receive compensation for your injuries, but your solicitor may be able to arrange private medical treatment for you. At The Injury Lawyers, we are able to arrange medical treatment at the early stages of a claim. This treatment can include physiotherapy, osteopathic, and chiropractic treatment, and would be at no cost to yourself. To this, I can hear you say –‘how is it at no cost’? Well, if you lose your claim, it would be covered by insurance, and if you win your claim, we would recover the costs from the other side as part of your losses.
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April 26, 2011

Choosing your Specialist Personal Injury Lawyer

If you are reading this blog, then you have taken the correct first step to dealing with with your personal injury claim. It is always advisable to take independent legal advice on your personal injury claim, and finding the law firm you want to act for you is best done directly with the law firm. There are many referral agents out there who may want your claim. Referral agents act as middlemen by selling your claim on to personal injury law firms – this referral fee can be for a large amount of money (often up to £800!).

If a law firm has already reduced their budget amount for your case by paying this fee, it is likely that they will also give you a reduced level of service or face incurring a loss – which isn’t something a law firm is going to want to do!

In summary, it is best to leave the destiny of your claim in your own hands and choose the law firm that is right for you. Below I have listed some useful tips that you may want to look out for when researching potential law firms to instruct on your claim:
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April 22, 2011

The Motor Insurers Bureau

Many of our clients approach us after having been in a road traffic accident; many are understandably frustrated and anxious that they are in this position through the fault of another driver. This frustration is further compounded when a client has been injured as a result of another driver who is not insured, or one whom flees the scene to avoid exchanging details.

These potential claimants approach us unsure as to if they have a claim. We are happy to answer that yesthey may a valid claim through the Motor Insurers Bureau, or MIB as they are more informally known. The MIB are an organisation that is funded by motor insurance companies. This means that they are funded by part of our insurance premium which the MIB have estimated amounts to between £15 – £30 per policy.  The MIB not only deals with claims for compensation, but also for costs for car repairs if your insurer has not dealt with it already.

The MIB also state that they deal with cases of hit and run incidents through their untraced drivers’ agreement.
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April 22, 2011

Third Party Capture

If you have been involved in an accident where you have sustained an injury at the hands of a negligent third party, do not under-settle your claim.  At The Injury Lawyers, we hate hearing about victims of other people’s negligence who have unwittingly settled their claim for compensation alone directly with the party responsible, and as a result have lost out on thousands of pounds in compensation that they would have received had they had a quality injury lawyer acting on their behalf. 

Unsurprisingly, when we at The Injury Lawyers have to inform such people that they have settled their claim and there is nothing we or anyone else can do to obtain an increase, they are devastated.  In the industry, this is what is known as ‘Third Party Capture’.  It is where the other side, most likely through their insurers, try and settle your claim with you directly.  At the time, it may feel like you are getting what you deserve; but most people soon realise that they have likely been undercompensated.  At the end of the day, our advice to you is simple – do not settle your potential claim without independent and quality legal advice.  Ask yourself what is truly in it for the other side to compensate you directly – it’s really obvious – saving money.

At The Injury Lawyers, we cannot settle your claim faster than the other side can do directly.  In fact, it may take a couple of months longer.  But only the other side themselves can settle your claim the fastest because they are the ones with the money that is owed to you.  What I would do is ask yourself a hypothetical question: would you rather have £1,000 now, or £3,000 in two months?  I know I would rather have the £3,000 later, and I am sure many of you would prefer the same. 
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April 21, 2011

When Should you Settle a Claim for Whiplash?

Whiplash is a common injury which can be caused by a range of accidents. Whiplash is a condition which can have an extremely debilitating effect on a person; it may not only cause severe pain, but also have a devastating effect on a person’s domestic, professional, and social life.

Should you settle a claim before you have recovered from the condition?

Whiplash can be an extremely unpredictable condition: it is one which medics can struggle to predict as to when a sufferer may make a full recovery. This is why is it advisable to gain the assistance of a specialist personal injury lawyer. A good lawyer would normally advise you not to settle your claim until you have made a full recovery – to illustrate why, I have the following example for you to consider:
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April 21, 2011

Road Accident Claims

I myself drive long distances on a daily basis – and when I say long distances, I mean a 70 mile round trip to work every day. This daily trip serves to remind me of the dangers of the road. My trip comprises mainly of going up and down the MI motorway. Accident hotspots on motorways can be the areas around junctions where traffic is meeting. This is similar to accident hotspots on any road where traffic meets at roundabouts, junctions, and where traffic is generally merging.

Injuries

A more common injury we see here at The Injury Lawyers as a result of a road accident is whiplash. Whiplash is a condition which can be greatly undermined, as it is mostly invisible to the naked eye – unlike a laceration or a broken bone. At The Injury Lawyers, however, we treat whiplash with the utmost seriousness as we know the severe pain it causes as well as the devastating effect it can have on people’s lives. Whiplash is an extremely unpredictable condition – a doctor may say you will recover in 3 months, but 1 year down the line you are still in pain. This is why it is advisable to gain the advice of a specialist personal injury lawyer.  A good lawyer will normally not advise you to settle your claim before you have recovered for this very reason – if your settlement is based on a recovery period of 3 months, but you are still suffering in 1 year – you may have greatly undervalued your claim.
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April 21, 2011

Mobility Mayhem

The Daily Mail has today reported that an elderly lady, Audrey King, of 70 years, is seeking compensation having sustained injuries having been involved in a collision with a mobility scooter.  It is stated that Ms King was out shopping with a friend when a mobility scooter drover into her.  As a result of this accident, Ms King suffered a broken hip and a serious fracture to her thigh bone.  According to the Daily Mail, the negligent driver of the mobility scooter got her coat stuck in the mobility, she lost focus, and subsequently drove into Ms King. 

One of the interesting points of this case is that mobility scooters do not require insurance as they are not considered ‘motor vehicles’.  As such, Ms King could not pursue compensation against the negligent driver’s insurance; something she would have been able to do had she have been in a road traffic accident. Instead, she has had to pursue the negligent driver who may not be worth suing.  It is not surprising therefore that Ms King has called for the law to be changed in respect of mobility scooters and their lack of need for insurance.

Ms King states that she was in ‘agonising pain’ after the accident.  She had to stay in hospital for almost an entire week, has had to have an operation on her hip to ensure that she was able to return home, and now requires a walking aid, and has had to use painkillers for approximately six weeks.  Ms King now requires care and assistance around her home.  Should a claim for compensation be successful, it is expected that the compensation would cover her injuries and any other losses that Ms King sustained subsequent to the accident.  That is, because she has needed care and assistance and may continue to do so for some time, a compensatory award could take this into account.  This would be to cover any expenditure she has incurred in having to get this help in.
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By Author
April 20, 2011

Whiplash Symptoms and Valuations

Whiplash is one of those conditions that is not so plain to see but can cause the sufferer severe pain for lengthy periods of time. It is a common misconception that the condition is based solely in the neck area; in reality, this can be very different as I will explain below.

Symptoms

The symptoms of whiplash can vary greatly from person to person:

  • Pain, stiffness, swelling around the neck, back, and shoulders.
  • Pain may radiate to the shoulders or down the back
  • Headaches which can be severe and recurrent

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