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A Part 36 offer in personal injury is normally an offer to settle a claim for compensation. Part 36 offers differ from non Part 36 offers in a number of ways. There are cost consequences in terms of Part 36 offers. I will attempt to explain the nature and consequences of Part 36 offers.

Part 36 offers are set out in the Civil Procedure Rules and can be made by both the Claimant and the Defendant.

Not all offers to settle a claim are Part 36 offers. To be a Part 36 offer the offer normally must:

1. Be in writing;
2. State that the offer is intended to be a Part 36 offer and to have the consequences of the same;
3. Specify a period of not less than 21 days within which the Defendant will be liable for the Claimant’s costs if the offer is accepted;
4. State whether the offer relates to the whole of the claim or part of it.

If an offer is to be a Part 36 offer, it must normally be made in writing. This obviously excludes offers made solely over the telephone. If an offer is made over the telephone and then confirmed to be a Part 36 offer, perhaps either in a written letter or email, this would then be written and could therefore qualify as a Part 36 offer, providing that the other points are complied with.

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Accidents in the workplace can result in severe injury, as of course many workplaces are filled with large equipment and a number of people working closely together. However, what is the procedure you should follow when wanting to pursue a claim for compensation? Many people are worried about doing so, as they feel it may jeopardise their job and of course this is a worry you could do without when you are already suffering from an injury.

Accidents at work can potentially be very good cases as your employer is obliged to have insurance to cover accidents under The Employers’ Liability (Compulsory Insurance) Act 1969. This is in place to ensure that should an employee have an accident they will be able to pay compensation. Therefore, in the majority of cases, we send the letter of claim of to your employer who just hands it across to their insurance and it is them that continue with the claim– your employer may even encourage you to bring a claim!

So there really is no need to worry. If you have had an accident there are a few things you should try to do and are the types of things we will ask on the initial call (mainly because we like to gather all the information we need straight away to ensure your claim gets underway ASAP.)
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The competition is tough out there for personal injury claims – however picking the right lawyers can affect both the way your claim is run and the final outcome.

We have worked hard here to make sure that we stand out from the rest and ensure a high level of client service along with our personal injury expertise.

We take a unique approach to our claims all aimed at ensuring that you receive the best support throughout your claim and ensuring you are on the road to recovery as soon as possible. We understand that making a claim can be a very stressful and daunting experience – as of course many people have never done this before. One thing that we constantly aim to do is not to throw a load of legal jargon your way. We understand that just because you wish to make a claim doesn’t mean that you also want a legal lecture! Clear information, quickly and efficiently – that is our aim!

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Roundabouts can be huge and complicate or small on simple; but on occasions either can still be very confusing to motorists. This means that accidents on roundabouts are one of the most common types of road traffic accidents we deal with here at The Injury Lawyers.

The situation we are dealing with in this blog is when a vehicle is in the wrong lane for the exit off the roundabout; which happens more than you might think.
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We understand that there is ALLOT of competition out there when it comes to personal injury solicitors. However, we have focused primarily on what we think is the most important aspect of any personal injury claim – YOU. We have ensured that our primary focus is ensuring that you, the client, receive the best service possible to ensure your personal injury claim is straightforward, quick and successful!

We are a genuine law firm who specialise and deal only with injury law so we consider ourselves experts in the field. The reason I say GENUINE is that there are some personal injury ‘firms’ out there that are claims management companies rather than actual solicitors – they will take the details of your claim and sell it across to a solicitor for a tidy referral fee.

To us this seems a bizarre way to pursue a claim, as surely you would want to ensure that the solicitor running your case is one you are comfortable with – not one that has just been picked for you. We see claims as a 3 stage process:
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One of the main worries when looking to pursue legal action is the worry of cost! Solicitors can be extremely expensive so many people are put off from pursing a claim because of this. However, this should not be the case as solicitors often act on conditional fee agreements, which is the posh name for a No Win, No Fee.

These types of agreements are based on the outcome of a case- win or lose. They were originally brought in to fill the gap between those that were eligible for legal aid and those that could afford to pay for legal representation however, they are now extremely common as it allows solicitors to still recover the same fees without having to charge their clients.

So how do they work? Many people often find it difficult to understand how they can pursue a claim, receive compensation (which in some cases is a large sum) and not have a bill to pay. To many it seems strange for a solicitor to be doing so much work for them but not sending them a bill. But please do not worry- we do get paid (after all we are still a business).
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There are a lot of horror stories out there about 100% compensation turning into a “nightmare” as solicitors come after the case and take all the compensation away to cover their fees.

However, this is far from the truth here at The injury lawyers, as we GUARANTEE you 100% of your compensation and there is a reason why we can do this.

The standard conditional fee agreement (The No Win No Fee) states that a solicitor will seek to recover fees from the other side. This all seems well and good, but the word seek leaves you open to the possibility that if they have trouble recovering fees from the other side, they are able to come to you for the shortfall. So say the solicitors costs are £5000.00 and the other side agree to pay £3000.00m the shortfall of £2000.00 may have to be covered by yourself. Of course, many reputable solicitors may not do this – however there is always the possibility that they CAN. Many solicitors hold this power to charge you.
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A pre-medical offer is an offer made by the Defendant’s insurer to settle your claim without the need for medical evidence in support of your injuries.

These offers are usually made when the accident is pretty straight forward, liability is not an issue, and the insurer just wants the case off their desk. If you have a legal representative, they should inform you of the risks of accepting such an offer once it has been made.

Basically, the main issue we at The Injury Lawyers have with pre-medical offers is that, if accepted, you never know if this accurately reflects the amount of compensation you deserve.
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In a claim for personal injury and loss you can claim General Damages for pain suffering and loss of amenity (PSLA). This covers compensation for your injuries sustained in the accident or the illness developed due to exposure at work etc. In addition to General Damages you can claim Special Damages. Special Damages can include things like loss of earnings (say because of the injury sustained you were not able to work for 1 month), damage to property (say you tripped over a raised slab and as a result you ripped your clothing). You can also claim for care and assistance, this is another head of loss which comes under Special Damages.

Care and assistance covers all the things that you were not able to do as a result of your injuries. Say you tripped and broke your arm; you may need help from you partner, daughter, son etc in getting dressed. You may also need help with household chores such as ironing, cooking, cleaning, preparing meals etc. You may need help with gardening or cleaning the car. Care and assistance covers things that you did before the accident that you are not able to do following the accident due to your injuries. Family members and friends will of course provide you with the care, such as helping you to get ready, free of charge. However you are entitled to recover Special Damages from the Defendant. It is settled law that the Claimant (the person bringing the claim) is entitled to recover damages in respect of the fair and reasonable value of such care and domestic assistance.
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Being hit in the rear by another vehicle is seen as a pretty straight forward type of accident, and usually it is. After all, how can you control what the person behind you is doing?

Under Rule 126 of the Highway Code you must:

“Drive at a speed which will allow you to stop well within the distance you can see to be clear: You should leave enough space between you and the vehicle in front so that you can pull up safely if it suddenly slows down and stops”

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