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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
June 29, 2012

Motorcycle Compensation Claims

If you have been involved in a road traffic accident as a motorcyclist then you could be suffering from some serious injuries.

Although motorcycle riders have helmets and thick leather clothing to wear to aid protection, frankly, this is no substitution for the protection other drivers have in cars and vans etc. This is why motorcyclists are so vulnerable if involved in an accident.

Injuries caused by being involved in an accident as a motorcycle user can range from minor scuffs and scrapes to broken bones and even sometimes fatal injuries.
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By Author
June 26, 2012

Criminal Injury Compensation Claims

I’d like to think that most of us get through life without any major incidents or bust ups. The problem is every town or city you go in can end up with you inadvertently being involved in trouble. You could be having a quiet drink with your mates on a Friday night and for some reason some societal scum decide they don’t like the cut of your jib – before you know it, you’ve been hit in the face, or seriously assaulted.

I’m lucky that I’ve never been involved in any serious trouble like this, but there are thousands of innocent victims out there who end up being caught in the wrong place at the wrong time and suffer injuries because of someone else’s neanderthalic behaviour. But the main question is, how do victims of assaults get any compensation for what’s happened?

Pursuing a claim against an individual is not really the easy way forward. They will probably not have any insurance to claim from, and probably won’t have the funds to compensate you – nor will they know how to deal with a claim against them. Ultimately, it’s not the most viable option; thankfully, there is an alternative.
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By Author
June 21, 2012

Maintenance Work on Highways Compensation Claims Lawyers Advice

Following recent stints of bad weather, the highways are easily affected. Pot holes are increasing in size and numbers, generally in winter months.

When a highway authority, such as a council, undertakes to repair work on highways, they are responsible for making sure that the work is carried out safely and efficiently. They are also responsible for ensuring that the repair work is sufficiently completed and that the highway is returned to its original state / the safest possible state, whilst taking all steps necessary to avoid any hazards to the public.

Some repair work can cause hazards to the public, specifically work that requires excavation of the highway.
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By Author
June 01, 2012

Fall from Height Injuries and Compensation Claims – Lawyers Advice

Falling from a height can rather obviously end up with some serious injuries sustained. I’m sure everyone knows that the higher the height, the more serious the injuries; and depending on what you’re falling on to could also make a huge difference.  For this reason, health and safety rules and regulations surrounding working at height, or accessing high places, or in areas where risks of falls are there, are numerous.

For example, anyone who has to work at height must have appropriate training, guidance, and supervision for the task they are doing at height. If you must use high catwalks, or perhaps access scaffolding, rails should be in place to prevent anyone from falling. If you need to access a height using a ladder, the correct ladders must be used to ensure you do not end up falling and seriously injuring yourself.

In a none workplace scenario – I’m sure you’ve all noticed that bridges have rails and guards in place: to stop you from falling over the edge. Staircases and stepped areas will normally have handrails to hold o to as well, which is all in the name of preventing a fall from height.
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By Author
May 18, 2012

Foot Injury Compensation Claims – Lawyers Advice

Any bodily injury can be a pain to live with. Certain injuries will always be more of an inconvenience to people than others – for example, as is the topic of this article, foot injuries.

If you injure your foot, you are likely to end up with considerable issues walking around. Your mobility is restricted, meaning your independence is compromised and your quality of life can be seriously reduced. Just imagine trying to get upstairs to use the bathroom or go to bed when you can’t actually walk right – Sounds painful; all of them stairs. Imagine trying to prepare a meal whilst hopping around the kitchen, complete with steak knife in one hand and your sirloin sizzling in the oil on the gas hob – sounds rather dangerous, doesn’t it?

Normally people who end up with a foot injury that causes any difficulty walking will require some form of care and assistance from a householder, friend or relative. So there is that to take in to account, on top of the fact that commuting to work may be made somewhat difficult if you can’t drive with the injury to the foot.
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By Author
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