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The roads today are busier than ever.  Most people have a car and a lot of families have two or more cars.  Not only are there more cars on the road today, but people are also much busier.  There are always places to go, and people to see; the rush hour in the morning going to work and the rush hour coming home, the school runs and the runs to the shops. People are rushing around, driving faster, with more things on their mind and therefore driving more carelessly.  It is therefore no surprise that road traffic accidents are on the increase.

If you have been involved in a road traffic accident and it was not your fault then you may be entitled to compensation.  However, if you were not wearing your seatbelt during the accident then your compensation can be reduced by up to 25%.  This is due to a legal term known as Contributory Negligence, whereby the court may deem that your injury symptoms may not have been as serious if you had been wearing a seat belt.

 The laws regarding wearing seat belts are simple for individuals over the age of 14 – the law being that all must wear a seat belt.  However, for children below this age they can be more complicated.  This is due to the fact that it depends on the child’s height as to whether an adult seat belt or child restraint should be used.  More information regarding this can be found at http://www.childcarseats.org.uk/index.htm.
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There are all sorts of weird and wonderful ways we can end up injuring ourselves – but there are also a lot of ways we can end up injured in an accident that was completely foreseeable! Employers have an important duty of care to ensure that their employees are safe and free from any hazard whilst at work. This goes down to the premises being safe, to the machinery being safe, and personal protective equipment being provided.

Having safe equipment and being provided with the right personal protective equipment(PPE) are two of the most important regulations an employer must adhere to. After all, the requirement for equipment is normally in place to prevent an obvious and unavoidable hazard in the work place. You wear hard hats on a building site, masks when using a welder, gloves when handling hot or dangerous liquids / chemicals – the regulations and the legislation in place are clear.

Equipment – In General

Equipment should be regularly inspected and maintained to ensure it remains safe and does not pose a hazard to those using it. Machinery and plant equipment should have sufficient guards to prevent accidental access to dangerous parts, and should always have a plentiful amount of emergency stop buttons within easy reach of your working position.
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Ultimately, if you have been in an accident that wasn’t your fault, it’s likely that you have a claim for compensation for any injuries and suffering. When to claim is entirely up to you. But we’d be doing you a diss-service if we didn’t let you know that there is a time limit for claiming – so, if you’re considering putting it off, you might want to think again!

In most common claims, you have three years from the date of the accident in which to make a claim. But realistically, the sooner you do it, the better! Even though you have three years, if you leave it too long, vital evidence in the hands of those responsible may disappear over time. CCTV footage is normally retained for 2 – 4 weeks at most nowadays. Witness information is always great to have – but you don’t want to risk losing touch with a witness (say, if they move address) or the witness forgetting the key information over time.

The first thing you should always do (to protect your position a great deal more!) is see your GP or attend a local walk in centre or hospital ASAP. Explain to medical staff in considerable detail how your injuries were caused. They should note the details down on to your medical records – which is great for evidence later on down the line of the claim.
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Accidents at work are unfortunately not uncommon as we at The Injury Lawyers know only too well.  Despite stringent health and safety laws, it would seem that employers are not always doing all they can to ensure that their workers are protected when at work.  Although they have a duty of care to look after the welfare of their workers, whether that is through the provision of proper and thorough training, or by making sure the right equipment is available and in a safe working order, it would seem that on some occasions employers do not take the right precautions.  This means that accidents at work occur.  It was only this week that it was reported across several media sites, in particular the Harrow Observer, that Raakesh Patel, a factory worker who produces bagels in Harrow, was involved in a serious accident at work whereby he lost the tops of two of his fingers when they were sliced off by the machinery he was using.

The Harrow Observer reports that Mr Patel’s employers knew that the machinery he was using was faulty, but still allowed him to use it.  As such, when Mr Patel was trying to unblock some dough from the machinery, one of the rotating blades used to cut the dough came on and cut the tops of two of his fingers off.  This was despite the fact that the machine’s safety device should have stopped the rotating blade moving, demonstrating that the machinery was clearly faulty.  As many of you would agree, this is something that no-one would wish upon themselves.  Somewhat fortunately, the local hospital Mr Patel attended was able to save one of the tops of his fingers and re-attach – he was not so fortunate with the other finger.  He will now have a visible reminder of this accident for the rest of his life.

Clearly the machinery was faulty.  The rotating blade used to cut the bagel dough had been allowed to operate when it should not have been able to do so.  Worse though was the fact that Mr Patel’s employers were aware that the machinery was faulty, and yet did not remove or replace the machinery.  The accident report book at the company Mr Patel worked at had entries regarding the faulty machine and yet they did not act.  This meant that this sorry accident occurred and now Mr Patel has to live with his employer’s negligent decision for the rest of his life.  Although Mr Patel did receive compensation, this will never replace the lost top of his finger.
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We all love to go on holiday to maybe get some sun, relax, and have a change of scenery. We also love to go on holiday to experience the local cuisine – it maybe a paella in Spain, or a tagine in Morrocco.  Whatever the reason, we all would hope that our holiday runs smoothly and goes by problem free and easy.

The above may be true for the majority of us; but incidents such as food poisoning whilst on holiday are becoming more and more common.  This may come as no surprise as many hotels abroad may not have the same health and safety standards we have in the UK – which coupled with high temperatures can cause food to be easily contaminated.

For many, food poisoning can be mild, with the symptoms lasting 24 – 48 hours.  However, serious cases of food poisoning can result in longer periods of discomfort for the sufferer, which could culminate in being taken into hospital, or even, in extreme cases, be life threatening.
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I read today of the terrible story of an Alan Underwood who sadly died having been involved in an accident at work.  On March 17th 2008, Mr Underwood, who was a driving instructor in Northampton, was killed when a lorry, driven by one his pupils, hit him.  The Northampton Chronicle & Echo reports that Mr Underwood was giving a driving lesson and was testing his pupil’s braking skills when the accident happened.  The Northampton Chronicle & Echo suggests that Mr Underwood had instructed his pupil to go around some cones and then come to an emergency stop.  However, his pupil failed to stop and Mr Underwood was subsequently hit and killed by the lorry.

At the High Court in London, it was heard that Mr Underwood’s pupil’s foot had become stuck underneath the brake, and therefore she could not stop.  As such, the family of Mr Underwood was awarded £180,000 in compensation.  It was held that Mr Underwood’s employers were liable for the accident.  However, and interestingly, Mr Underwood’s family only received 70% of the compensation.  The compensation Mr Underwood’s family was due would have been £250,000, but the judge held that Mr Underwood was 30% liable for the accident.  In other words, there was a judgment of contributory negligence.  Here, the judge held that Mr Underwood had been stood in front of the lorry in ‘misconceived faith’ that his pupil would be able to bring the lorry to a halt.  As such he was partly responsible for the accident because he did not allow himself enough time to get out of the way and avoid a collision.

Contributory negligence is a term that we frequently come across here at The Injury Lawyers.  If the other side believe that you are in some way partly to blame for your injuries, they will allege contributory negligence.  They will try to settle for less than a full amount of the compensation you would be entitled to should you not have been partly responsible for your accident.  It is therefore of vital importance that if an insurance company tries to settle a claim with you, and in doing so alleges contributory negligence, that you seek the advice of a quality personal injury lawyer.  They will be able to advise you as to whether you should be held partly responsible for your accident and your subsequent injuries.  If you do not seek the advice of a specialist injury lawyer, you may end up getting less compensation than you deserve!

Our backs are probably the most important part of our body. Without them, we couldn’t do anything. The strain your back goes through on a day to day basis can be immense – so injuring this vital part of the human body can leave you in agony – and there are several ways you can injure your back at work, going about your daily business, or from having a fall.

Back Injury Symptoms

Well, it’s quite easy to diagnose back pain! Not so easy to find out the root cause; but if your back hurts, aches, feels tight, inflamed, has reduced movement, or you are suffering from chronic bouts of back problems, we suggest you see your GP immediately.

Back Injuries from Falls

• A fall from a trip or slip can leave you with severe back pain. If you land on your back, then you’ll know about it! But even twisting as you fall can stretch the muscles and leave you in pain.
• If you fall fast, you can even end up with whiplash. Whiplash is normally caused by the sudden jolting your neck – whiplash pain can easily radiate down in to your shoulders and your back.
• If you fell through no fault of your own, you can make a claim for compensation. Whether you tripped over a raised paving slab, stumbled on a gap in the kerb, or slipped on a wet floor with no warning signs present, you should always speak to an expert injury lawyer and find out about your right to claim.

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BBC News reports that a family has been awarded compensation after becoming seriously ill whilst on holiday.  It is said that the Palin family, who hail from the West Midlands, were hit by outbreaks of salmonella and cryptosporidium – in other words sickness and diarrhoea – at their hotel in Majorca in 2003.  As a result, the Palin’s dream holiday was ruined.  They could not leave their hotel room and this meant they could not do those usual holiday activities like going to the beach or going on one of the many excursions on offer.  As Mrs Palin said herself, ‘We have no happy memories of what was supposed to be, at the time, a dream holiday.’

It would seem that the Palin’s were not the only ones to have their holiday ruined either.  BBC News states that there were another 10 victims from the West Midlands, and that in the end 49 people that caught the bug whilst at their hotel in Majorca were also able to obtain compensation.  At the Birmingham County Court it was held that Thomson, the tour operator for the holiday, was liable for their customers becoming sick.  It was said that Thomson had breached the duty of care they owed their customers by failing to warn them of the bout of sickness that was going through the hotel.  It would also appear that this is the first time that a tour operator has been found liable for the illnesses of its customers.

If you have been ill whilst on holiday abroad you may be entitled to compensation.  Just because you were not back home in the United Kingdom when you sustained an illness does not mean that you are unable to claim compensation.  A claim can be made against your tour operator back home.  It is necessary to establish whether the tour operator breached their duty of care.  Currently tour operators must do all they can to ensure the health and safety of their customers.  If there is an outbreak of illness at your hotel, your tour operator must ensure that you are aware of this and give you advice about the outbreak.  That said, simply because you have fallen ill whilst on holiday, does not necessarily guarantee that you are entitled to compensation.  If it is considered that the tour operator did everything it could to ensure the health and safety of its customers, then you may not be able to make a claim for compensation.  After all, illnesses are a fact of life, and sometimes, despite all we do to contain them, we are still affected by them.  It is important that if you have suffered an illness whilst on holiday, you get free legal advice from a professional injury lawyer.  They will be able to assess whether you have a claim for compensation and set you on your way to getting the compensation you may deserve.

The Letter of Claim is an essential part of your personal injury claim.  It is the first significant piece of correspondence between your lawyers and the Defendant, and lets the Defendant know, by way of writing, of your accident and the injuries you have suffered.  It is therefore of vital importance in order to get the ball rolling on your claim that the Letter of Claim contains sufficient and clear information about your claim.  It means that the Defendant can start their investigations of the claim and then come back to your lawyers with their position on liability as soon as possible.

Your Letter of Claim must contain ‘a clear summary of the facts on which the claim is based with an indication of the nature of any injuries suffered…’  In other words, the Letter of Claim must tell the Defendant exactly what your accident was, and the injuries you have subsequently sustained.  We at The Injury Lawyers are experts in the field of personal injury claims and always produce a thorough Letter of Claim on your behalf.  Producing the Letter of Claim is a task that does not take long in itself, especially when it is being created by a lawyer with years and years of experience.  However, there is nothing like a helping hand.  We can only produce your Letter of Claim when we have all the clear facts of your case.  The more you can help us establish the facts of your case at the earliest opportunity, the quicker we can get your Letter of Claim produced sooner.  And in the end that means that you are likely to receive the compensation you may be entitled to faster!  So, what can you do to help?  Here are a couple of examples:

• If you have tripped on a piece of defective pathway, we need to know the exact location of this piece of pathway.  The name of the street on which you tripped is always a good start.  But it is even more helpful if you can tell us where on the street the piece of defective pathway is.  For example, is the defect ‘directly outside the gate of 12 Baker Street’ or ‘right next to the manhole which is adjacent to the phone box outside the Golden Lion pub’?  Alternatively, both photographs and Google maps marked with an ‘X’ are great ways of demonstrating where an accident took place.

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Making a claim for compensation where you have been involved in a relatively straightforward road traffic accident is an uncomplicated and fast process.  The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents deals with personal injuries sustained from road traffic accidents on or after the 30^th April 2010 which are valued at less than £10,000.  In most cases, your road traffic accident will be worth less than £10,000, and so the procedure I am about to outline will be applicable to your case.

The Pre-Action Protocol is designed to settle claims speedily and without the need for court proceedings.  As such, it sets out several simple steps which allow for you to be compensated fast.

Firstly, a Claims Notification Form (‘CNF’) must be filled out and submitted to the other side’s insurers.  This is done online at The Injury Lawyers specially created portal and records your details and your accident details.  Don’t worry if this sounds daunting, our specially trained personal injury lawyers are always on hand should you have any questions, and we will always review your CNF before it is submitted to ensure everything is okay!  Once this is submitted the other side’s insurers, they must acknowledge receipt of the CNF the day after they receive it.  They are then entitled to a period of 15 days in which to come back to you with their position on liability.  This could be an admission, or denial of liability, or it could be an allegation of contributory negligence.  By contributory negligence, we mean that they are suggesting you are in some way partly at fault for your injuries – for instance, if you were not wearing a seatbelt at the time of the accident, the other side may suggest you made your injuries worse by failing to help protect yourself.
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