Archives

The Henley Standard has reported that a man has received over £1million in compensation having sustained severe injuries in a road traffic accident which occurred back at the start of 2005. 

It is said that Mr Douglas of South Kensington suffered horrendous injuries to his head; in particular his face and skull, and also to his brain, pelvis and spine after a drunk driver hit him as he was crossing a road near the Natural History Museum on his birthday.  Mr Douglas now faces long-lasting psychological and neurological effects which hinder his ability to get around and even speak.  Immediately after the accident, Mr Douglas spent a week in a coma and a month in intensive care at Chelsea and Westminster Hospital.  Mr Douglas has also undertaken several facial reconstruction attempts over the last six years.  Unsurprisingly, the negligent drunk driver that caused Mr Douglas’s injuries and who has prevented him from being able to work again, was handed a three year driving ban and a £400 fine.

It is not for every road traffic accident that the victim will receive over a £1million in compensation.  The huge sum awarded to Mr Douglas reflected the truly devastating injuries he suffered, the fact that he will not be able to work again, and also the fact that he will require round the clock care for long periods of time.  Mr Douglas was a musician and worked at a law firm; as a result of not being in a position to work, he has suffered a massive loss of earnings.  This demonstrates that it is not purely your injuries that you are able to be compensated for.  There also other ‘heads of damage’ – for instance loss of earnings and care and assistance, which your professional injury lawyers are able to help you make a claim for compensation for.  The purpose of any compensatory award is to put you back in the position you would have been in had you not suffered injuries at the hands of a negligent third party.  So, if you can no longer work because of your injuries, it is possible to make a claim for your loss of earnings.
Read More

I was doing a regular shop over the weekend at one of my favourite supermarkets for something to have for Sunday dinner. In the end, we decided to go for a Chinese instead! But that’s irrelevant: as I was exiting the store, I suddenly tripped. I didn’t fall – I managed to step back in to stride and didn’t injure myself whatsoever. Before I even looked down to find out what hazard almost had me lying on the floor, my brain had already registered it from the feel of it on my foot at the moment I tripped; a scrunched up section of carpet surrounding a flower display.

The section on the edge of the carpet had, for whatever reason or another, scrunched up and caused a lip – and subsequently a tripping hazard. Having been in this industry for years, I automatically said (quite out loud) “that’s a claim!” The concerned look on the faces of the two staff members nearby as they flattened the carpet back down to remove the hazards was rather priceless!

This whole minor incident did serve to remind me of something – just how easy it is to end up injured whilst out and about doing your daily business. I could have ended up falling on my knees and sustaining considerable damage to the ligaments and tendons inside my knees; I could have broken a bone; I could have knocked my head and been out cold for minutes, or even hours. Ultimately, the ‘what ifs’ of this incident are often the result for many of our injured victims here.
Read More

We take on numerous accidents occurring in the workplace on a daily basis.  Generally, they involve some form of machinery that you have been using which has either been faulty and injured you, or that you have not been properly trained in how to use this machinery and have therefore sustained an injury as a result. 

However, employees get injured in other ways as well.  It is not uncommon for us to hear of ‘Repetitive Strain Injuries’ or ‘RSI’.  This is where people suffer pains from having repeatedly used a particular part of their body.  In most instances this sort of injury will affect your arms, back, fingers, wrists, shoulders, neck or elbows.  Usually those who find themselves suffering from this sort of injury will have undertaken repetitive duties over a prolonged period without having enough rest time.  In the UK alone, thousands of workers are away from work as a result of RSI’s.  One can only imagine the cost of this to both employees and to businesses.

If you are reading this blog it means that in all likelihood you are sat in front of your computer.  For many, your job will involve you sitting in front of a computer as well.  If you undertake data entry tasks, this can be repetitive and cause RSIs.  Likewise, a job sitting at a checkout in a supermarket can lead to an RSI where there is an insufficient rest period.  A further example of where an RSI can be picked up is in warehouses where you are repeatedly carrying out the same manual handling tasks.  Symptoms of RSI’s include:
Read More

If you are exposed to vibrations for prolonged periods of time, it may be that you will end up suffering from Hand-Arm Vibration Syndrome (‘HAVS’) or, as it was previously known, Vibration White Finger.  It is common for people, like manual labourers, who work with vibrating work tools such as power drills or chainsaws on a daily basis to end up suffering from HAVS. 

The common symptoms of this syndrome are a feeling of numbness in your fingers, or, in fact, your fingers may even turn white.  If you work with vibrating equipment and have any of these symptoms, it is best, as is this case with any injury suffered, to seek medical advice.  Each year thousands of people are diagnosed with this industrial disease.  Interestingly, it is estimated that around 1 in 10 people who work with vibrating work equipment will at some point notice the symptoms of HAVS. In the last seven years the Government has compensated thousands of people suffering from HAVS in a sum reaching over £100million.

If you believe that you are suffering from HAVS and you have sought medical advice the next step is to contact a quality injury lawyer who can advise you on your potential claim.  Under The Control of Vibration at Work Regulations 2005, your employer owes you a duty of care to ensure that you are exposed to the minimum amount of vibrations as possible.  If they fail in this duty then it may be that you deserve compensation.  Essentially, your employer should ensure that you are not unnecessarily exposed to vibrations when at work, that where you are required to be exposed to work with vibrating tools this is limited, and that you are taught how to properly use these tools.
Read More

So, here’s the situation: You have been unfortunate enough to have been involved in a road traffic accident, and as a result, you have sustained an injury – let’s say whiplash.  It is clear from a legal perspective that your accident is not your fault; it is the fault of the negligent third party driver.  This means that you are entitled to compensation. 

The negligent driver’s insurers get in touch with you and say something along the lines of ‘it looks like the accident was not your fault, and yes, we can see you were injured.  We are really sorry about this and we realise we should compensate you; so here’s £500.00’.  Naturally, the thought of £500.00 is quite appealing I would imagine; especially if your whiplash is not too severe.  You accept, but later realise your injury was much worse and needs more attention, and you believe you should get more money.  Problem: By accepting the £500.00, you have settled your claim and left yourself undercompensated.  At The Injury Lawyers we hear of this on too many occasions.  The technical name for this is ‘Third Party Capture’.  This blog sets out some free advice for those who have been involved in a road traffic accident.

If you have been in a road traffic accident which was not your fault, and you have suffered an injury, it is likely that you are due compensation.  It cannot be stressed enough how important it is to seek legal advice for your potential claim.  And I am not just saying this to ensure the income of solicitor’s.  Don’t believe me? Well, give The Injury Lawyers a call.  Our advice is 100% free and there are absolutely no strings attached.  If you want, you can take our advice and look elsewhere for another legal representative – not a problem.  We are happy if you’re happy, and we are also happy when people do the sensible thing and seek free legal advice.  At least this way you do not under settle your potential personal injury claim and are left with no option but to rue this decision.
Read More

It has been recognised throughout the legal world that personal injury claiming as a result of road traffic accidents are on the increase. This is one of the reasons why the system with which solicitors deal with road traffic accidents has changed.  Road traffic accidents that occurred after 30^th April 2011 between a value of £1000 and £10,000 must now be dealt with under a new system. This system is simpler, faster, and much more stream-lined than the old system that was in place. One of the reasons why the system is faster is that everything is completed electronically – therefore making the exchange of documents with the other side instantaneous. The system comprises of 3 stages; each one I will set out below.

The first stage is where the Claim Notification Form is filled out by the Claimant with the help of a solicitor. This form aims to set out all the circumstances of the road accident and is the first item the Defendant will receive with regards to your claim. Within 15 business days of this being sent, the other side should respond with a decision as to whether they admit fault or deny fault.

If fault is admitted on your claim, it proceeds to Stage 2. If liability is denied, it then drops out of the system and it is for your solicitor to assess the prospects of your case, and upon this review, decide whether to proceed with your claim.
Read More

The workplace can be a pretty dangerous place to be in; particularly if you work in a factory or on a constructions site. The dangers we could potentially face in the workplace are minimised or cleared by the numerous amounts of Health and Safety rules and regulations that all employers and employees are legally required to adhere to. In theory, if all employers and all employees stick to these rules, the amount of compensation claims being made would be very small.

When your employer fails in the important duty of care they have for your health and safety, and you are injured as a result, you are entitled to make a claim from the insurance your employer has a legal responsibly to have in place.

So – what can they fail you on, and when can you make a claim?
Read More

Recently there has been much discussion in the news regarding the state of our highways – this has mostly been about potholes. An article on Sky News states how councils cannot afford to pay the 10 billion pounds needed to get our highways back up to a good state of repair. Furthermore, a report from the Asphalt Industry Alliance states how councils in many instances have been unable to repair potholes caused by the cold weather at the end of 2010 before the cold snap hit again in 2011. So, we can see from the media there is a problem with the state of our highways, and these funding issues may remain for some time. So, it seems like a good time to discuss potential personal injury claims that come as a result of pothole damage.

A pothole can be a tripping hazard to pedestrians, or a hazard to any vehicles driving over them. Vehicles such as motorbikes, mopeds and bicycles are particularly vulnerable when it comes to defects on the road surface; potentially causing catastrophic accidents.

If you have suffered an injury as a result of a pothole, and it was not your fault, then you may have a claim for compensation. It is advisable to get the advice of a specialist personal injury lawyer with pothole related claims, as many of them can be complex.  It can firstly be a complex issue to ascertain who has responsibility for the land – i.e. does the council have responsibility for it? If so, which council? Is it a private owner? Secondly, it can be difficult to actually get the council to admit fault.
Read More

We all know that you are far more likely to be seriously injured in a motorcycle accident than you are in a car accident. Unfortunately, despite numerous campaigns to maintain awareness of motorcyclists for road users, accidents are still happening.

It’s an obvious statement to make – motorcyclists are far harder to spot on the roads than cars / vans / lorries. People are often looking out for cars and any other larger vehicles when emerging from a junction, changing lanes, or entering on to a roundabout. Drivers often fail to consider the presence of a motorcyclist, or even fail to spot one. We have the “look, look, and look again” rule – personally its “look, look, look again, then look again for good measure” with me; and I’ve not been in an accident in my years of driving so far! (Touch wood).

But more to the point – what can be done if you become the victim of an accident as a motorcyclist, or even cyclist?
Read More

Many clients that approach The Injury Lawyers are aware of their right to claim compensation for their injuries. However, upon beginning to advise or clients regarding the other losses they may be able to claim for, there seems to be a lack of knowledge and understanding. We believe that all our clients, as well as any potential claimants out there, should have a good understanding of what they are entitled to claim for.

Claiming for losses in a claim for personal injury can be a complex issue – so it is always advisable to seek advice from a specialist personal injury lawyer. A lawyer should be able to fully advise you regarding your losses. Once a lawyer has gained information about your losses, they should collate these in a document known as a Schedule of Loss. This document will only contain your financial losses as a result of your accident; the compensation for your injuries alone will be dealt with separately.

Below, I have listed many of the more common items you see on a Schedule of Loss. This list is by no means exhaustive – full advice regarding losses should be gained from a specialist personal injury lawyer.
Read More