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Today I have come across a horrific story involving an 11 year old girl who has had her thigh impaled by spiked chain fencing.  The Herts Advertiser reports that Maisie was on her way home having returned a book to her local library when she tripped and fell and ended up impaling her thigh on a spike.  As a result, the unfortunate Maisie has been left with scar, having had to have eight stitches, and continues to suffer from traumatic nightmares which revisit the accident.  As her GP said, had Maisie have landed on her head or stomach, the results could have been much, much worse.  Maisie, as you can now imagine, is conscious of wearing skirts at school because these scan expose her scarring, and unfortunately other children have a tendency to stare at things a little bit different.

Maisie’s mother is also now seeking compensation on her behalf.  Because Maisie is 11 years old, and therefore cannot be classed as an adult, she is required to have someone to act on her behalf, also known as a Litigation Friend, or to wait until she is 18 to make her claim.  Her mother is seeking compensation from the council because of the injuries suffered by her daughter.  It would appear that it is not clear exactly why the spiked railings were there in the first place, because they seem to just protect a patch of grass.  She therefore wants justification of their use and compensation to place Maisie in the position she would have been in had she not have had the accident and suffered the injuries she did.  At this point in time the local council have not responded and the case continues.

If you, or somebody you know, has had an accident whilst they have been walking about a town or city centre and have subsequently sustained an injury, it may be that they could make a claim for compensation.  Your local council is responsible for all the highways, paths and common areas in your town and city, and owes you a duty of care to ensure that you do not suffer an injury when going about your everyday business.  Here at The Injury Lawyers we have pursued thousands of claims against our clients’ local councils and have been able to obtain substantial sums in compensation for them.  If you feel that you have a potential claim then please ensure you get in contact with a quality personal injury lawyer who can provide you with some free legal advice.

We have many clients here at The Injury lawyers who come to us after an accident and ask us which losses they are entitled to claim for.  The time after an accident can be confusing as to how to proceed with a claim, and you may be in a fragile state due to events you have experienced.  This is why at The Injury Lawyers we write these blogs to inform and educate you about a range of aspects surrounding a personal injury claim.

There are many losses which can be claimed as a result of an accident which was not your fault.  At the outset of any claim, any good personal injury lawyer, upon verifying you do have a claim, should be explaining all the types of losses you are entitled to. 

Here are some of the more common losses you are entitled to claim for as part of your case:
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It’s easy to slip – that’s why premises owners have an important duty to ensure all floors and traffic routes are free from any articles that could cause a person to slip. Failing to do so means you may have a claim for compensation against them.

Slipping in a Shop / Restaurant / Cafe / Club / Any Other Public Place

Owner of such premises above have an important duty to ensure that all floors and traffic routes are free from any articles that could cause a person to slip. How should they do this? By regularly inspecting all areas of their premises on a reasonable and regular basis – Particularly in restaurants, cafes, and clubs where food and drink can easily end up on the floor. Staff should be fully trained in how to look out for and clear spillages as soon as possible. Preventative measures should always be used if there are to be any delays – sufficient warning signs or cordoning off an area to prevent the public from accessing it.

If the floor is being cleaned (e.g. mopped) then the staff should be fully trained to ensure they adequately warn passersby of the hazard a wet floor poses. Signs should be numerous and very visible, and cordons should be used in some circumstances. Every reasonable effort must be made to ensure that passersby are either prevented from accessing a hazardous area, or are sufficiently warned of the hazard it poses.
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The title of this blog may be referring to motorbikers – however, this blog could refer equally to cyclists, users of mopeds and similar vehicles, as all these road users are of a particular vulnerability when compared to car, van, or truck drivers.

Many accidents involving the vehicles above can occur due to defective road surfaces, items left in the road, or the meeting of traffic at junctions and roundabouts.

It is important that if you have been involved in a road accident to report it to the Police as they may want to compile a report about the incident.  Seeking medical attention for your injuries, whether it be at A and E or at your GP, is important as they can assess your injuries and make a note in your medical records. Obtain photographic evidence of your injuries and keep them safe – this could provide valuable evidence for a later personal injury claim.
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Supermarkets may be some people’s worst nightmares due to queuing, traffic getting in and out, or just the general stress and strain of the weekly food shop.  Alternatively, some people may love the weekly supermarket shop as the prices are cheap, there is lots of choice, and usually discounts galore.  Whatever you feel about the supermarket shop, one thing is sure enough – that it is the last thing on your mind that you will have an accident that was not your fault and you end up injured.

We have many clients coming to The Injury Lawyers with claims stemming from supermarkets.  Their accidents include items falling on them from a poorly stacked shelf, slipping on a spillage that was negligently left un-cleared, or tripping over an item negligently left on the floor causing a hazard on an aisle.

Supermarkets, like anywhere else, have a duty to keep their customers safe as far as possible and foreseeable. They must comply with important Health and Safety Regulations.  They must train their staff in the correct manner so they know the correct procedures in – for example – the event a spillage occurs, how to stack shelves safely, or simply to check aisles regularly for items left on the floor.
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If you have fallen down a manhole or stepped on a defective utility cover and ended up injured, you may have a claim for compensation.

Personally, I’m rather cautions when it comes to walking over manholes and utility hole covers. It’s nothing superstitious – I just don’t like the idea of walking over a hole in the ground; that, and I have seen a fair few claims involving defective manhole / utility covers which have all ended up with nasty injuries to the victim.

The companies responsible for the manhole covers – whether it be the electricity board, the water board, any other utility company, or the local council – have an important duty to ensure the hole does not pose any hazard to any passersby. Manhole covers must be adequately secured, and the surrounding areas must be free from defects that could affect the cover. The companies responsible must regularly inspect and maintain the area to ensure the cover does not become a hazard.
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People are injured all the time; there are many companies wanting their business.  This makes it difficult for the average person, especially after having gone through what may have been a traumatic accident, to make an educated decision on which law firm to go with.

In view of the above we at The Injury Lawyers compile these blogs to inform and educate accident victims to help to make this choice as stress free as possible and with a good outcome – that outcome being getting the best law firm to deal with your claim.
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Personal injury claims are increasing year upon year.  This may be due to the fact that the no win, no fee system enables victims of accidents to bring their claim with no financial hardship to themselves. It may also be that people are more aware of their rights and what they can claim for.  Whatever the reason we know that many of our clients come to us needing advice on what they can claim back.

In view of the above we at The Injury Lawyers feel that we must inform our blog readers of the different types of losses they can claim back in the event the other side admit fault.

Firstly, the most important loss to many of our clients, is a loss of earnings claim.  If you have had to take time off work due to your accident then you may be able to claim back for any loss of earnings you have incurred.  In order to support this claim we would normally request 13 weeks pay slips from you as evidence of your earnings.  In the event you are self-employed we would normally ask for 3 years of profit and loss accounts and would take an average of these earnings.  Even if you have not taken unpaid leave off work and have taken them as holidays, these may also be claimed back.  Depending on your employer, you may get a buy back arrangement for your holidays then simply claim this money from the other side.
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Road accidents are common enough – luckily, when we’re contained within a large chunk of metal surrounded by advanced crumple points and air bags, most car accident victims can escape with minor injuries at low speeds – unless of course you are a pedestrian or the impact was at high speed on a motorway. But – what about motorcyclists?

It’s no secret that accidents involving motorcycles can end up in absolute tragedy. There is plenty of government advertising instructing drivers to Think Bike!, and look, look, and look again when coming out of junctions, changing lanes, or turning in to side roads. Motorcycles are far harder to spot on the roads, particularly at night. Every driver should be continuously vigilant for motorcyclists at all times. If you spot one, you should keep them in mind all the time.

Unfortunately, it’s been common knowledge for years that you are far more likely to be involved in an accident as a motorcyclist – in fact, previous statistics have accounted for seven times more likely. So the general lessons to be learnt are for drivers to ensure to be far more aware of motorcyclists, and for motorcyclists to take extra care on the roads.
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It seems we are forever in a traffic jam – we sit in traffic going to and from work and even heading to the shop on a Saturday.  This is all symptomatic of people’s lives being busier and generally more people having cars.  Today, despite the heavy cost, many households may have up to three cars sat in the driveway.

In view of the above it is no surprise that road traffic accidents are on the increase.  Many of the victims of these accidents are then left with a whiplash injury.  If you are one of these such victims and the accident was not your fault, then you may have a claim for compensation.

Whiplash can occur from a road traffic collision. It may even occur as a result of a fall from a height.  It is caused when the head is suddenly and violently jolted away from the body.
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