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February 28, 2011

Accidents at School

School can be a turbulent time for some, or a greatly enjoyable time for others.  Whatever your feelings surrounding your time at school, you do not think that an accident could occur there which was not your child’s fault.

I have seen how a child’s first day at school can be traumatic for a parent. Waving them off at the school gate for their first day of independence.  Leaving a child at school can be a difficult thing to do but we put our trust in schools to care for our children; and on the most part they do.  At The Injury Lawyers we have a number of clients that come to us after their child has suffered an injury whilst at school.  It can be a traumatic time for parents if their child has an injury, and for many, their trust in schools can slip.

It can be a mentally difficult thing to do, placing a personal injury claim against your child’s school; but you should remember that it is us who will be dealing with the claim on your behalf and schools should be covered by insurance to cover these situations (normally through the local council).
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February 28, 2011

Accident at Works at Work – Equipment

I read today on the Health Safety Executive website that a man has been injured having been involved an accident at work back in 2009.  The HSE reports that Mr O’Brien has lost all movement in three of his fingers for life as a result of an incident at a construction site he was working at.  Mr O’Brien was using a drill at his work when his hand became caught in it as a result of it not being properly guarded.  As a result of the accident, Mr O’Brien needed to have a number of skin grafts and cannot resume work.

Jex Engineering Company Ltd, the company who employed Mr O’Brien, was taken to the court by the HSE for failing to ensure the drill was properly guarded.  That is, Jex Engineering had not recognised that the drill was not guarded when providing it to Mr O’Brien.  In fact, Mr O’Brien’s employers had instead stated that the drill had a guard when completing a risk assessment on it.  Later, Mr O’Brien’s’ employers did indeed plead guilty to the charges, in particular, to breaching Regulation 11(1)(a) of the Provision and Use of Work Equipment Regulations 1998 which require employers to prevent their employees from using dangerous machinery.

If, like Mr O’Brien, you have sustained an injury whilst at work, it is important that you firstly report the accident in the accident book which your employer has to keep by law.  This is important because it provides evidence as to your accident, and is the basis from which a claim for compensation can be made on your behalf.  The next stage in obtaining compensation is to get the advice of a quality personal injury lawyer who can provide you with free legal advice and no cost representation.  Good personal injury lawyers have years and years of experience in dealing with these types of claim and know exactly how to conduct your claim and make sure you get the maximum compensation you deserve.
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February 28, 2011

Do I have a claim? – Accidents on a night out

Night outs are something most of us look forward to. We look forward to the end of the working week when we can relax and meet up with friends and family. Whether it be going to the pub on a Friday night, a night club for a dance with friends, or for a meal in a restaurant with our loved one, most of us like to get dressed up and excited for these type of events. We do not anticipate an accident happening which is not our fault.

If you have had an accident whilst on a night out and it was not your fault, then you may have a claim for compensation. Many clients come to us after an accident of this sort and think they may not have a claim due to their consumption of alcohol. This may not be the case.  Our specialist team at The Injury Lawyers can give free assessment of claims – so there is nothing to lose by trying.

There are many potential hazards in venues, including slipping on a spillage, broken glass left negligently on the floor causing a laceration to the foot, or an accident which has been caused by the venue being overcrowded.  It may even be the case that another person has slipped and pulled you to the ground with them – this could also be a possible claim.
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February 25, 2011

Hand Arm Vibration Syndrome

Hand Arm Vibration Syndrome, also known as Vibration White Finger, is an industrial disease which is suffered by people in careers which require the use of power tools and machinery which have a vibrating effect.  These can include hand held power tools such as drills and chain saws or sewing machines, or pneumatic drills.

The name Vibration White Finger has started to be less commonly used in recent years as it became apparent that the disease involves many more symptoms than having white fingers.  The symptoms can also include numbness and/or a tingling sensation in the fingers, cold sensations in the fingers with some discolouration, and general aching up through the hand radiating up the arm.  In more serious cases of the disease, the sufferer may have a complete loss of feeling in the fingers which can radiate in to the hands. The symptoms can be different for different people, but for most sufferers, it can be a point of frustration.

The condition is thought to stem from the vibrations in the power tools / machinery causing minor injuries to the blood vessels and nerves in the hand. These injuries then build up to cause Hand Arm Vibration Syndrome.
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February 25, 2011

Road Traffic Accidents – Seat Belts

It seems that the roads are forever getting busier: we seem to be forever in a traffic jam going the wrong way to the traffic. Not only this, but people seem to want to get every where faster.  These factors together can mean there are more road traffic accidents as there are more people on the road who are driving without using the necessary care and attention.

Now we all know that not wearing a seat belt whilst driving is breaking the law. But with these increasing road traffic accident figures in mind, it can also be a life saving device.  Furthermore, and what many people do not realise, is that if you are not wearing your seat belt and you have an accident, there may be an affect for any personal injury claim you later make.

If you are not wearing a seat belt and you are involved in a road accident, the compensation to which you may be entitled to further on down the line may be reduced by up to 25% – in legal terms this is known as a reduction due to contributory negligence.
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February 25, 2011

Claims for compensation

At The Injury Lawyers one of the questions which we hear most frequently is ‘Have I got a claim for compensation?’ Now if someone calls The Injury Lawyers (and this can be anytime from 9am – 10 pm) with a potential claim, we have experienced staff on hand to explain there and then whether they have a claim.  Not only can they explain there and then, but this advice is also free of charge whether you have a claim or not.  So you have nothing to lose by asking.

We deal with a vast amount of different types of personal injury – there are many different situations which can cause someone to have an accident which was not their fault. I will list some of the sorts of claims which we deal with here at The Injury Lawyers most frequently:

  1. Road Traffic accidents – these are extremely common types of claims and include any type of vehicle whether you were in a car, on a motor bike or on a bus – with the main issue is that it was not your fault.  If the other driver is not insured or is untraceable you may still be able to claim for compensation from the Motor Insurer’s Bureau. 
  2. Clinical negligence – if you feel that you have not received adequate care from a clinical professional and it has lead you to suffer in some way then you may have a claim. This can include care whilst in hospital or from a General Practitioner.
  3. Accidents at work – these can include injuries from heavy lifting, slip and trips, or falling from a height etc.  If you feel your employer has been negligent in some way and this has led to your accident then you may have a claim for compensation.  Claiming from your employer can sometimes be a mentally difficult task but you should keep in mind that employers should have insurance to deal with such matters.
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February 24, 2011

Medical Negligence Claims

A lady has obtained compensation from the NHS after she was left injured when an operation did not go according to plan.  The Daily Post reports that the woman had had a series of operations on her foot to prevent it from overlapping and to correct her toes which were facing the wrong way.  However, as a result of the unsuccessful operation, where a joint was damaged and her big toe was left too short, the woman has been left in enduring pain with her balance affected, and she now has to use a mobility scooter if she wants to go anywhere.

As the Daily Post reveals, the woman in question notes that her ‘life since the operation has changed completely…I have to use a stick or crutches to walk long distances and I have to use the mobility scooter when shopping.’  Furthermore, the woman’s sleep has been disturbed, she has had had problems cooking, and she has needed to adapt her home and get help in to ensure that she can get through every day.  The compensation that the woman has received will therefore go some way in helping with the costs of the help that she has already paid for, and the costs of any help she may need in the future.  It is an attempt to put the woman back in the position she would have been had the incident not occurred.

The NHS has since admitted liability for medical negligence.  As you may already know, the NHS has an important duty of care to all its patients.  That is, when you are in the care of the NHS, your well-being is to be maintained.  After all, you undergo an operation to put right whatever is wrong, not to make things worse.  The NHS has a duty to carry out its treatments and surgical procedures correctly – not to make mistakes which will ultimately hinder your lifestyle.  If you have similarly had a failed operation you may also be entitled to compensation.  It is therefore important that you seek the advice of a professional and quality injury lawyer with years of experience in dealing with medical negligence claims.  At The Injury Lawyers we have this expertise and we are able to provide you with No Win No Fee legal representation. If you feel that you may have a claim, it is definitely worth giving us a call.  Please remember that you have three years in most circumstances from the date of your accident to make your claim.

By Author
February 23, 2011

Road Accidents – Wet Weather

It’s been grey and miserable all weekend where I live; and it’s no better on the return to work on Monday morning. I’ve heard there has been a bit of snow around as well – all this just as I was acclimatising to the slightly warmer temperatures of 5- 8 degree Celsius following the big freeze we have had over the festive period.

The look and feel of the miserable and wet weather isn’t the only thing people need to be concerned with – driving conditions need to be at the forefront of people’s minds on a grey day like today. If you are involved in accident that wasn’t your fault, the weather is not a party to blame. If another vehicle has collided with yours because they failed to appreciate the requirement for an increased stopping distance in wet weather, or they came screeching around a corner or a roundabout too fast and have skidded due to the damp surface or the roads, they are still to blame.

Wet weather is not an excuse one can use to escape being liable to compensate the victim of a road accident. If anything, people should be driving with a great deal more care, and more accidents should be avoided. So if you are the victim – you can make a claim!
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February 22, 2011

Whiplash Claims

The roads seem to be getting busier all the time.  Not only this, but people’s lives seem to be getting forever busier – people are working harder and trying to still fit in all their usual activities such as the food shopping, hobbies, and catching up with friends. It therefore is no wonder that when the roads are clogged up with drivers with too much on their mind, accidents happen.

A common injury from road traffic accidents is whiplash. This is caused when the neck is jolted to cause movements past the usual range.  Whiplash can not only be felt in road traffic accidents, but also from falls from a height – anything which has this jolting affect.

The symptoms of whiplash are varied. At first you may wonder what the pain is attributable to, as the symptoms don’t usually occur immediately after an accident, but maybe in the following 6-12hours.  The symptoms can then increase in severity for up to a week.  Now I can hear you saying –‘what are these symptoms’.  Many people think whiplash is just in the neck area – and yes, it is correct that the neck can be painful and stiff – but it may also swell and there may be limited or even no mobility in the neck area.  Whiplash can also lead to headaches. In fact, many of our clients report regular migraines as a result of their accident.  The pain in the neck can also radiate down in to the back and the shoulders, and even down in to your arms.
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February 22, 2011

Accidents at School

We all remember school. It is either with fond memories of friends and fun or with memories which we have tried to forget of getting in to trouble and hating homework.

Whatever these memories, we would hope that our children enjoy their time at school and come home safe every night.  We put our trust in schools to protect our children from harm, and on the most part they do.   However, at The Injury Lawyers, we do get many worried parents coming to us to bring claims on behalf of their child.

Now, you may think ‘how can I bring a claim on behalf of my child’. Well, there is a system in place whereby the person bringing the claim is known as a Litigation Friend and takes control of the claim on behalf of the child claimant.  The full in’s and out’s of this system need not be the topic of this blog, and further advice on the subject can be obtained from our team here at The Injury Lawyers (should you require it).
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