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The Montreal Convention covers accidents that occur during the course of international travel by air. If you have been involved in such an accident, sustaining injury, then you may be entitled to make a compensation claim. Many of us travel by aeroplane these days and when things do go wrong and an accident occurs, a person should still have a right of action. Under the Montreal Convention a person may have a right of action if they have sustained an injury through an accident that was not their fault. Holiday excursions such as travelling by hot air balloon may also come under this convention, so travel by air is not solely specific to travel by aeroplane.

In terms of dealing with such a claim, it will be useful to consider any contractual terms and conditions which should have been issued to you at the time of booking the flight/holiday or excursion. Bookings are often made through a tour operator. Most personal injury claims run to a 3 year time limit within England / Wales jurisdiction. This means that court proceedings must be issued within 3 years of the date of the accident; otherwise you will lose your right to claim compensation. However under the Montreal Convention the time limit for bringing a claim is commonly 2 years from the date of the accident. It is said that the benefit of the convention is that it is not necessary to establish fault for the accident in order to succeed with the claim. This is known as strict liability. It is merely necessary to show that a plane accident occurred and that the passenger was injured as a result.
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One bit of loose carpet can be a serious issue if someone trips on it or slips because it isn’t gripping the floor. Tripping or slipping can be bad enough if you fall down to the floor fast and hard, but what about carpets on stairs? You take a fall down a flight of stairs and you can end up with serious injuries.

So is there a law or a duty when it comes to loose carpets? It depends on where it happens, but given its likely it will be in a place of work or in a public place, here is the info you need to know:

Loose Carpet at Work

Regulation 12 (2) (a) states:

The floor, or surface of the traffic route, shall have no hole or slope, or be uneven or slippery so as, in each case, to expose any person to a risk to his health or safety.
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When we act on your behalf in pursuing a personal injury claim, we aim to recover General Damages (damages for your injury and suffering) and Special Damages (any loss that you have incurred due to the accident). Special Damages can be wide ranging from claiming travel expenses, medical expenses to claiming for damaged clothing, care and assistance, lost earnings etc. In this blog I will attempt to explain how we go about recovering lost earnings after an accident.

We can try and recover lost earnings if you have been injured in an accident and as a result you were not able to work and you lost earnings as a result. We can even claim for loss of overtime pay if we can prove that you worked overtime before the accident but were not able to after the accident. As I say, Special Damages are wide ranging. The most important aspect of any Special Damages claim is providing documentary proof/evidence that the loss actually occurred.

In terms of lost earnings we would ask you to send in pay slips for a number of months prior to the accident. We would also request pay slips for the period following the accident (if applicable). If you have sustained a loss of earnings then the pay slips should show this. Perhaps you can only work reduced hours after the accident, your earnings would be down and we can seek to recover the difference. If your wage is not set (i.e. you receive a different amount of pay each week or month) then we can calculate your average pay for say the 6 month period before the accident. We can use the average pay figure to calculate your loss after the accident.
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Traction alopecia is a condition caused by continuous “pulling” on the hair follicles. This pulling puts stress on the hair and therefore ultimately it commonly results in premature hair loss and balding patches that many people may complain of.

One of the main causes of this condition is badly fitted hair extensions – more frequently with the hair extensions that are “bonded” to the hair rather than glued (however it can occur in both circumstances) as the natural hair is put under a lot of stress supporting the greater weight of the extra hair. Many Claimants’ often complain that the injury occurs most frequently around the hairline and temples as naturally the hair is always thinner.

There are two ways which the hair extensions can be negligently fitted:
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When it comes to manual handling at work, there are specific regulations that your employer needs to abide by. These are the covered by The Manual Handling Operations Regulations 1992. Under 4.—(1) of the regulations, each employer shall:

(i) make a suitable and sufficient assessment of all such manual handling operations to be undertaken by them
(ii) take appropriate steps to reduce the risk of injury to those employees arising out of their undertaking any such manual handling operations

So, any manual handling activities you undertake should be risk assessed by your employer to determine how to best manoeuvre the load(s) and what prerequisites need to be taken in to account. As the title of this article suggests, we will look at your eligibility to make a claim in the event no equipment was provided to you for a manual handling activity.
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If you have had an accident that was not your fault, and you are thinking of making a claim, here is one piece of advice I need to give you that could save your claim – have medical attention! Whether it’s a quick visit to your GP or nipping down to your local walk-in centre or to hospital, you should always see someone as soon as possible after your accident.

It’s important for two reasons – one is to make sure you’re OK, and the other is for evidence purposes. We will send you to see an expert that is qualified to prove us with a medico-legal report. This report serves two main purposes – it allows us expert lawyers to value your claim, and it also serves to prove that your injuries were caused as a result of the accident.
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Personal injury does not just mean physical injuries – psychological injuries can be just as life changing and sometimes can be worse because they cannot just be “seen and assessed”.

However, it is this that can also make including a claim for psychological injury incredibly difficult even if it is something that you consider is affecting your life just as much as your physical injuries. Some of the main hurdles to overcome are listed below however, it is always best to speak with a personal injury specialist direct if you are wishing to include this type of injury in your claim.

Recognised Condition

The condition that you are suffering has to be a recognised illness that a medical professional would diagnose. This includes things such as Post-Traumatic Stress Disorder, depression and anxiety. If the injury is not diagnosed it is incredibly difficult to include it in a case, which is understandable. For example; you wouldn’t try and make a claim for a broken leg if there is no proof in your medical records that you have had to have treatment for this injury!
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There is a lot of competition when it comes to personal injury lawyers – and this can be incredibly confusing when you find yourself in the situation looking for someone to help you when you are considering making a claim. One of the main things to remember is that this solicitor will be with you from the beginning of your claim right through to the end and therefore it should always be someone that you feel comfortable and happy with.

One of the main ways of ensuring that the company you instruct is the best one to run your claim is to contact and instruct a firm direct. What I mean by this is that often your insurance company or a claims management company will try and direct you to one of their solicitors who will start pursuing your claim without you even having spoken to them before!

At first glance this may not appear as strange as I am making it, but would you really trust another person to buy a car for example without you first seeing the car and ensuring that it is the right one for you? Although a very different service, the principle is clear. Always ensure you speak with the personal injury firm direct before proceeding with any claim.
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In a personal injury compensation claim you can claim for your injury (general damages) and you can claim for any losses that you have incurred as a result of the accident/injury (special damages). Special damages cover a wide range of losses from loss of earnings, treatment fees, care and assistance, damaged items etc. In this blog we will look at a claim for loss of earnings.

You can claim for lost earnings if you sustained injury in an accident which was not your fault and if, as a result of your injuries, you have taken time off work and therefore lost earnings. Depending on your contract of employment, you may be off work and still receive pay in full. If this was to happen then you cannot claim lost earnings as there has been no loss. If you are not paid during your absence then you are entitled to claim for lost earnings. There is no guarantee that the other side will meet this claim, although it is much stronger if you can provide proof of the loss. This can be done by producing wage slips, showing the drop in earnings, or perhaps bank statements etc. If your wage is not “set” (i.e. you receive a different amount of money from your employer each month) then we would calculate your loss based on an average; perhaps looking at your pay slips from the previous 3 to 6 months before the accident.
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You’ve tripped over a damn pothole on the highways, and ended up injured as a result. I expect you’re pretty angry, especially if you are now off work and losing earnings, or in pain and / or immobile due to the injuries. I expect you’ve had a few rants about the council and how they need to step up to the mark and sort out this pothole problem! But when it comes to action against the council, what are your rights, and what should you do?

Under the Highways Act, there is a potential claim to answer for. You may have a case against the council or whoever is responsible for the highways. So will your claim win? Well let me explain the law for you – because claims against the council can actually be very hard to win.

The duty by law that the highways authority have is to reasonably inspect and maintain their jurisdiction of highway. This is normally accomplished with an inspection regime – a road may be inspected every three months if it’s a well used busy area, or perhaps every 12 months if it’s a minor country road.
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