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December 16, 2011

Claiming After a Car Accident

If you have been involved and injured in a road traffic accident which occurred after the 30th April 2010, and you wish to seek compensation for the injuries you sustained, the good news is that the claims process is very straightforward and quick, meaning you can be compensated fast! 

Prior to the 30th April 2010, claiming for compensation for injuries resulting from a road traffic accident could get a little tedious; especially given that the majority of cases were straightforward.  The reason I say this is because it could take up to 4 months for the other side to simply admit liability, and that meant your claim could take over a year to settle. Even in the easiest of cases, insurers would take their time to accept liability for the accident. However, the process has had a radical overhaul which now means that you should receive an admission or denial of liability within just a couple of weeks, and your claim could be settled in just a couple of months!

Under the new system, the Claimant, i.e. the person making the claim for compensation, must submit a Claim Notification Form online via the Ministry of Justice portal.  Don’t worry if you are unsure what this is – with an expert injury lawyer on your side, they will go through this with you and make sure everything is fine and that it can be submitted to the Defendant.  The Claim Notification Form outlines your accident and details those involved.  It provides the Defendant with notification that you wish to obtain compensation for your injuries.  Once this is admitted, the Defendant has 1 business day to acknowledge the Claim Notification Form and a further 2 weeks to admit or deny liability.  Whereas previously it could take 4 months for the Defendant to admit liability, it now takes 2 weeks!
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December 16, 2011

Zebra Crossing Law and Claims

Road traffic accidents do not just involve those in motor vehicles; they can also involve innocent pedestrians who are struck by those driving motor vehicles.  At The Injury Lawyers we are only too aware of the number of pedestrians who have been involved in road traffic accidents, have dealt with numerous pedestrian accident claims.  Although there have been plenty of vigorous safety campaigns, it would appear that some motorists neglect to consider the harm their actions may have on pedestrians. 

Despite pedestrians having their own routes, normally paths and crossings, they can still be caught up in collisions with motor vehicles.  This blog focuses on accidents at zebra crossings.

Too many accidents occur on zebra crossings.  It would seem that some motorists do not heed the presence of a zebra crossing nor take into account the likelihood that a pedestrian will be using that zebra crossing to get from one side of the road to the other and end up hitting the pedestrian, causing them injury.  It may be that one of the reasons there are accidents at zebra crossings is because there are no traffic lights and the pedestrian is relying on the fact that a motorist should give way to them.  Either way, motorists have a duty to slow when approaching a zebra crossing to ensure that they are able to give way to any pedestrian waiting to cross, and that they are not to proceed until the pedestrian has fully reached the other side of the road.
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December 15, 2011

Whiplash Claims 2011

  • What’s going on?
  • Who do you turn to?
  • What will eventually happen?

Whiplash Claims Today

The process and understanding of whiplash claims has changed so much over recent years. Whiplash claims are naturally one of the most common personal injury claims as it’s the standard injury you end up with in the vast majority of road accidents. The motion of your neck being jerked thanks to a collision or a sudden stop damages the muscles and tendons in the neck, shoulders, and back area, causing this extremely common injury.
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December 09, 2011

Receiving Treatment for a Whiplash Injury

Luckily for you, I’m not just speaking as an expert Whiplash Claims Advisor here; I’m speaking to you as a suffer of whiplash myself – so I know a thing or two about how to get the right treatment when suffering from a whiplash injury, and I know how best to access such treatment.

So, if you are suffering whiplash after being involved in an accident – likely a road accident – read on for some key information you will be very happy to learn about.

Whiplash Treatment NHS
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December 09, 2011

Whiplash Definition

Whiplash is one of the most, if not the most, frequent injury types we hear of at The Injury Lawyers.  Although we are specialists in all types of personal injury law, injuries arising from road traffic accidents are the most common and whiplash is the most complained of symptom.  Here is a quick guide to whiplash and whiplash claiming:

Whiplash Definition:

Whiplash is a soft tissue injury that affects the neck and shoulder area of your body.  It is caused by an often violent and sudden jerking/jolting of this area.  For example, you are correctly proceeding in your motor vehicle when it is hit at speed from the rear – your body, in particular your head / neck, will be suddenly thrown forwards; your seatbelt will then kick in and then your head will be thrown backwards.  It is this type of sudden and violent movement that causes whiplash.
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December 09, 2011

Rear End Shunt

Yep, it’s that time of year again – winter! Cold nights and frosty mornings, and the need to wear layer upon layer of clothes just so you don’t freeze. And worst of all, the pain of having to drive somewhere.

Driving in the winter can be a nightmare. Waiting relentlessly to defrost your car, making sure your tyres are winter proof, stocking up on de-icer; we all know the feeling. But worst of all are the icy roads – one negligent move from a third party vehicle and you have them colliding into the back of you, causing a road traffic accident, or worse still, causing you to sustain injuries as a result of the accident that wasn’t even your fault.

If anything goes by last year’s events of heavy snow and icy roads, here at The Injury Lawyers we are preparing ourselves for these types of accidents to come pouring through our help lines. If you have been in a road traffic accident that wasn’t your fault, you could have a successful claim for personal injury – so don’t hesitate to call for some free legal advice.
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December 08, 2011

Passenger Injury Claims

At The Injury Lawyers, we provide hours of free legal advice each day to prospective new clients.  Our dedicated claims team with their own direct claims line telephone number are on hand every week day between 9am and 10pm, and weekends between 9am and 5pm to help you out with any potential claim you may have.

We come across a whole host of different types of claims, some of which are harder than others to advise on; however, as a specialist firm of injury lawyers, we are sure to be able to answer all your questions.  Our job is made a whole host easier though when people ring up or enquire on our website about potential injury claims where they have been a passenger in a motor vehicle – you almost have a definite claim for compensation, and there is simply not a lot more we can do other than just getting the ball rolling on your claim should you want us to do so on the very same day.

The reason you have an almost guaranteed claim is straightforward – Those who use the road owe other road users a duty of care not to injure them.  For example, as a driver you have a duty of care not to negligently cause an accident.  So, if you are a passenger in the vehicle, both the driver of the car you are in has a duty of care not to cause you injury, and any other driver owes you the same duty of care as well.
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December 08, 2011

Third Party Capture, Personal Injury

Last week I blogged about Christmas time pre-medical offers.  Essentially I wrote that in the run up to Christmas it is not uncommon for insurers to make you an offer for compensation to settle your claim there and then, and that the reason for this is because they know that at this time of year money can run a little short, and if they make an attractive looking offer given the circumstances, insurers can often get away cheaply from the claim.  Here is another little bit of guidance on offers of compensation – again from insurers – but this time prior to you seeking legal advice from an expert injury lawyer.

At The Injury Lawyers we often come across people who have settled their claim in full and final settlement before they have even considered legal advice and representation.  In such circumstances, it looks as if they have been captured by the third party; hence the term ‘third party capture’ which depicts an insurers’ practice whereby they contact the innocent victim directly and settle their claim for compensation almost straightaway. 

What this means is that they cannot later ask for more compensation having consulted an expert injury lawyer who has advised that they have under-settled their claim.  It is essentially a tactic by the insurer to get away from a potential compensation claim cheaply.
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December 08, 2011

Seatbelt Law

Despite numerous safety awareness campaigns, at The Injury Lawyers we have found that it is not uncommon at all for people to drive without wearing a seatbelt.  This is despite the fact that not wearing a seatbelt is illegal, that should you be involved in an accident, a seatbelt could save your life.  You would have thought it would definitely be worth wearing one!

It is important to know that the law states that it is the driver who is responsible for those in their vehicle wearing a seatbelt.  So, if you are giving someone a lift and they are not wearing a seatbelt, you could find yourself in hot water.  The law on wearing a seatbelt is relatively straightforward in respect of adults. 

If you are over the age of 14 and travelling in a car or a van, you must wear a seatbelt.  A child under the age of three must use an appropriate seat restraint, whilst a child up to the age of 12 or 135cm in height can also use a seat restraint, and children of 12 and 13 years must wear a seatbelt where one is available.  A big exception is buses, where passengers are not required to wear seatbelts.  This does not apply to coaches where seatbelts have been fitted.
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December 08, 2011

Concertina Collisions

No doubt you have all seen or heard about the Japanese luxury sports car pile-up – probably one of the most expensive road traffic accidents I have seen in a while with media reports stating that the damage was calculated at £2.46 million! The scene of the once pristine Ferraris, Mercedes – Benzes and Lamborghini now completely destroyed was heart crushing – especially for any car fanatic!
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