Drivers owe a duty of care to their passengers just as much as they do to other users of the highway – whether this be to other drivers or pedestrians. One of the main things to know is that, as a passenger in a collision, you probably have a guaranteed claim for personal injury compensation.

As a passenger, unless you did something reckless and crazy like distract the driver or pull on the handbrake, the collision was likely out of your control. As such, you’re innocent. Either the driver of the vehicle you are in or another road user was responsible for what has happened, so you can claim of either party depending on who is at fault.
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Whiplash is usually a lot more complicated than most people think. If you have never suffered from it, you probably don’t have much regard for a person making a whiplash claim. But if you have or are suffering from it, you’ll know it is a real injury and it can be an absolute pain. I’ve had it myself.

So if you want to make a whiplash personal injury compensation claim, how much should you receive? Is it worth making a whiplash claim?
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Slipping accidents are very common in everyday life. We come across slipping accidents in supermarkets/shops as well as slipping accidents in the workplace all the time. If you have slipped and sustained injury and it was not your fault, you may well be entitled to claim compensation.

This type of accident would come under something known as occupier’s liability (if it happened in a supermarket or shop for example). Basically the occupier of premises is under a duty to keep the premises reasonably safe and to keep people on the premises safe and free from harm. Under occupier’s liability, there is a different level of care depending if the person on the premises is legally there (i.e. a visitor to a supermarket) or if the person is there illegally (i.e. is a trespasser). It is surprising for many but trespassers (that is someone on the premises illegally) are still owed a duty of care. Trespassers may be able to claim if they sustain injury on the premises. However most people will of course be legal visitors, such as when you enter a supermarket or shop to browse or to buy shopping.
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Here at The Injury Lawyers we deal solely with personal injury claims. We aim to recover the compensation that you deserve. We have dealt with many claims on behalf of cyclists who have been injured following a collision with a car. Cyclists can be very vulnerable on the road, even when following the correct procedures and rules of the road.

Sometimes I think that cyclists are in a difficult situation.

First they are not supposed to cycle on the footpath as this would not be fair for pedestrians and could cause danger. Obviously children do often cycle on the footpath but when we are talking about cycling as a normal form of transport, cyclists are supposed to cycle on the road. Fortunately many roads do have designated cycle lanes and I believe this does make a significant difference.
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Most claims for compensation for personal injury in England and Wales must be brought within a 3 year period, with this time limit being known as the limitation period. This means that from the date of the accident occurring, you have three years to bring your claim. This means you must either settle the claim or issue the claim with a court within that time period.

The Limitation Act 1980 states that with regards to personal injury, that “the period applicable is three years from… the date on which the cause of action accrued; or the date of knowledge (if later) of the person injured.” (source)
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We don’t expect to sustain a personal injury when we are out in a supermarket doing our weekly (or daily for some) shop. The good news is that you are well protected if you do sustain injury that was not your fault in a supermarket. Basically the Occupiers Liability Act applies and this Act (or law) ensures that the supermarket in question owes you a duty of care when you are in the store doing your shopping. Indeed unlawful visitors are also owed a duty of care. However the level of care owed to lawful visitors is naturally greater than the level of care owed to unlawful visitors (known as trespassers).

To be an occupier the supermarket need not even own the store, it merely needs to have occupational control of it. Therefore the term occupier is quite wide in its definition. The level of care required is set out in Section 2 (2) of the Occupiers Liability Act 1957. This reads as follows:
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The general rule of thumb is that if you are already established on a roundabout and another driver emerges on to the roundabout and crashes in to you, they are at fault. The driver merging on to the roundabout must give precedence to a driver already on the roundabout.

In some situations drivers could read a situation wrong and think you are turning off when you are not. If you are not indicating, they may assume you are coming off of the exit before the entrance they are emerging from. But the general rule of thumb still applies – if you are established on the roundabout and another vehicle emerges in to you, they are at fault.
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Even though the law changed on April 1st, meaning other lawyers will now take up to 25% of your personal injury compensation claim, we are still offering you the opportunity to keep all 100% of your compensation.

The new rules mean that lawyers are unable to recover all of their legal fees from the other side. But instead of taking the money that is rightfully yours, we’re taking the hit instead. Why? Because we are a national firm of specialist personal injury lawyers who take on and win such a high volume of cases that we can afford to take the hit.
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Many people never bother putting in a claim for compensation, even when they are entitled to do so. One of the biggest fears is losing the claim. So we address the big question – is it worth the hassle and the cost?

First things first, we operate a genuine no win, no fee basis. We only take your claim on if we think we have a good enough chance of winning the case. If we don’t win, we write off our fees so we don’t get paid. It’s a cost benefit analysis for us – are we prepared to fund the case on the basis that we might not be paid?
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In past years, 100% compensation has been advertised and given to clients of law firms on a no win no fee basis. From 1^st April 2013 this has become somewhat of a thing of the past, as The Legal Aid, Sentencing and Punishment of Offenders Act (or LASPO) has changed the law so that lawyers cannot obtain a success fee and after the event insurance premiums for most cases from the other side.

What is a success fee?

A success fee is something which law firms charge to increase their fees because their client has succeeded. This helps to fund no win no fee claims as some cannot be won. Before 1^st April 2013, this was recovered from the other side; after 1^st April 2013, the law changed and these fees cannot be recovered from the other side and law firms can take up to 25% directly from their client’s compensation to cover this fee.
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