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workplace injury claims
September 21, 2012

Quantum of a personal injury claim

So what does the term quantum actually mean? Quantum in law essentially means value. Every day we get asked questions along the lines of “How much compensation will I receive?” and “What’s the value of my claim?”

The first point to note is that it’s impossible to value a claim at the outset – any value given by Solicitors at this stage is an approximate – for example if your injury sounds like a general whiplash injury you may hear figures of £1,500 to £2,000 being talked about.

However, in reality, it’s impossible to properly value a claim at the outset as the value of a claim depends on the injuries sustained and the effect of the injuries on the Claimant’s life.
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By Editor
August 29, 2012

Passenger in a Vehicle Driven by a Drunk Driver Can I Claim?

Although it is never a good idea to get in a vehicle when the driver has been drinking, it does not mean that you cannot make a claim for personal injury if the trip ends in an accident – and let’s be honest, this is more likely than not.

The normal guideline is that as a passenger, you are an innocent party and cannot be at fault for the accident. This therefore entitles you to receive 100% of any compensation that is awarded.

However, getting into a vehicle knowing the driver has been drinking does have consequences for a claim for personal injury. The insurers of the driver of the vehicle will more than likely argue contributory negligence for passengers making a claim for personal injury in these types of circumstances.
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By Author
August 29, 2012

Claiming Against the Council for Potholes

With the lovely weather we have here in the United Kingdom, it is not surprising the amount of potholes that have appeared on the roads and pavements.  As someone who commutes to and from work on a daily basis, I have experienced the far from smooth ride which often involves my car dipping down unexpectedly and rattling my very bones. However, potholes, although annoying, can be dealt with rather easily when in a car and usually do not pose an immediate risk of injury.

This is definitely not the case when you are not in the car, but on foot or a bicycle. Here at The Injury Lawyers we deal with a high volume of personal injury claims that have been caused by someone either tripping over a pothole, or alternatively, riding a bike when the front wheel gets caught and consequently results in the cyclist being thrown from the bike.

It is important to stress that these are not straightforward cases and therefore should not be approached lightly. One of the first things we require to assess is whether we are able to pursue your claim, are photographs are extremely important for this.
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By Author
August 29, 2012

Hit from behind car accident claims

Slowing down, stopping and emergency braking can be hazardous to road users, simply because of the fact that the driver behind could be following too closely or not paying enough attention to what is in front of their vehicle.

The gap between vehicles travelling in average conditions should be at least 2 seconds according to guidelines. This should be enough time for the driver behind to see the brake lights and begin to slow and stop themselves.

The amount of road accident claims that we receive here at The Injury Lawyers involving vehicles being hit from behind, tells us that a very significant number of drivers do NOT follow the two-second rule!
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By Author
road traffic accident claims
August 27, 2012

Can I still work with Whiplash?

To begin with, it may be best to consider what a whiplash injury actually is. Whiplash is an injury to the soft tissue in the neck, back and shoulders area where the tissue is stretched and strained after the body is thrown or jerked in a sudden, forceful movement. This is most common in car accidents.

The symptoms of whiplash commonly include pain in the neck, back, shoulders and arms. Other effects include dizziness, nausea and more often headaches. Although whiplash can be quite minor and resolve after a few weeks, more serious circumstances mean that you could be suffering for up to a year.
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By Author
August 18, 2012

The Personal Injury Claims Process

In this blog I will attempt to explain the claims process for general personal injury claims. By general personal injury claims I mean tripping/slipping accidents (whether in a public place or in the supermarket for example), work accidents, injuries involving animals etc.

These are all accidents that come under the scope of the Pre-Action Protocol for Personal Injury Claims. Road traffic accidents do not initially come under this protocol and are processed in a different way and are subject to different time limits. Road traffic accidents come under the scope of the Road Traffic Accident Protocol.

However a case can “fall out” of the road traffic accident protocol (such as if the insurers fail to respond to the claim in time). If a road traffic accident claim falls out of the Road Traffic Accident Protocol then that claim continues under the Pre-Action Protocol for Personal Injury Claims by default.
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By Editor
August 16, 2012

Limitation to Claim – Is Time Running Out?

IMPORTANT: the advice in this blog is for general information only. Do not use this guide for confirming exactly when your limitation date is. You should speak to a qualified expert injury lawyer to confirm when the limitation to claim will expire.

When thinking about bringing a claim for personal injury the first thing on your mind may not be, “how long ago did this happen?”

However, personal injury claims in the UK are subject to strict time frames as outlined by the Limitation Act 1980. Failure to bring a claim within the time limits set out by this Act may mean that the only way around the rules is to get special permission from the courts – easier said than done!
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By Editor
August 15, 2012

Work Related Traffic Accidents

When your job includes driving, you can be driving anything from a car, a van, a lorry, or some form or machinery or equipment – like a forklift truck for example. If the vehicle is owned by your employer then your employer should take out insurance on the vehicle which will also cover you as the driver in the event of an accident. It’s also their responsibility to maintain the vehicle as well.

As the vehicle will be used for work and business, the insurance policy is normally different to that of everyday motorists. Vehicles owned and used by companies are normally insured under what is called a ‘fleet policy’ which will usually cover all the vehicles owned and used by the company.

Now, normally Road Traffic Accidents usually involve the collision of vehicles and therefore a claim for personal injury will be made against the at fault party’s insurer. However, not all Road Traffic Accidents do involve other vehicles and an accident can often be caused by the employer’s failure to maintain a vehicle.
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By Author
July 09, 2012

Accidents in Theme Parks

Personally I love theme parks! It brings back fond memories of when I was a youngster, and I still enjoy the thrill of the fast roller coasters and thrill rides. Health and safety in a theme park is naturally a significantly important issue. Rides are tested and tried several times, and regularly inspected to make sure no harm can come to those using them.

There have been accidents in the past where harnesses have released riders, or where rides have become stuck for several hours in upside down position’s this sort of thing should (in theory) never happen; but when it does, you may have a claim for compensation.

Other than the rides breaking down or being faulty themselves, there could be other causes of injuries. You could trip over a hazard on the grounds of the ride, or get caught by a protrusion. Similar rules that apply to shops and supermarkets can apply to what is classed as the “premises” of the ride. As with safety inspections that should be constantly carried out by the ride owner to make sure the ride itself is safe, cleaning and maintenance needs to be carried out tom make sure there are no hazards that could harm people, or substances that could cause people to slip.
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By Author
July 06, 2012

Horse Accidents

The UK is undoubtedly a country passionate about Horses. From the Queen celebrating her horses’ recent victory at royal ascot, to a little girl’s dream coming true when she’s told she’s on her way to her first horse riding lesson, horses clearly hold a place in many people’s hearts. In the past horses were relied on as the main form of transport; today this has undoubtedly shifted to cars and accidents unfortunately occur when these two meet.

Horse road accidents are becoming more and more frequent as both cars and horses need to use the road. But who is at fault if a collision does occur?

This mainly depends on the circumstances surrounding the accident. Most of the time it is down to the negligence of the driver who may be driving too fast and therefore is unable to slow down in time when a horse appears before them. This is one of the main reasons that many of these collisions happen on narrow, windy country roads – of course to many this is common sense as horse riders are more likely to be riding around these than using the fast lane of the M1!
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By Author
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