April 2013 saw the biggest shake up of the personal injury compensation claiming world when our wonderful government decided to change years of access to justice and fairness by stopping the recovery of all legal fees from the opponent.

It isn’t fair – why should the victim have to pay to claim?

The result is that other lawyers are now taking up to 25% from your payout if you win the case. For the Success Fee, which is one of the unrecoverable fees, a lawyer can take up to a maximum of 25% from your payout to cover this. On top of that, lawyers are asking for payment of insurance as this is no longer recoverable.
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For those of you that like to maintain a healthy lifestyle, jogging or running is a great way to achieve this. When you walk around you are not expected to look at the floor to watch out for hazards on the ground, and when you are jogging or running you are probably concentrating even less on the ground.

So what happens if you trip and fall or stumble because of a pothole or a raised paving stone, or some other defect on the ground? Can you still make a claim for personal injury even if you were jogging or running at the time?
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Before you instruct a law firm, you need to know about the recent legal reforms that have led to lawyers now charging clients to make a claim for compensation. The reason for this is that the government have stopped the recovery of two legal fees – a Success Fee and an After The Event insurance premium.

Lawyers can now take up to 25% of a client’s compensation to cover their Success Fee which they cannot get from the other side. On top of this they are asking for payment of insurance.
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As a firm of lawyers who only represent victims for accident claims, we take on a significant amount of claims for personal injury compensation involving drain and manhole covers. It’s fairly obvious to see why – many covers don’t appear to be of sound constructions, and many are driven over day in and day out by vehicles.

It’s common for covers to become tripping hazards when they either come loose and protrude, or sink down and cause a lip. To the unsuspecting walker, tripping and landing hard on the ground can cause some serious injuries.
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In most road accidents, there is someone fully to blame. But every now and then, a genuine accident happens where both vehicles have been partly to blame. In these circumstances, parties may agree to split liability evenly between them.

An example of this could be a car park accident where two people pull out of a space at the same time but driving in opposite directions and bumping in to each other.  Another could be two vehicles changing lanes at the same time and crashing in to each other.

So if this happens, can you make a claim for personal injury compensation?
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If you have been involved in a car accident, it is likely you will suffer from whiplash. The reason for this is that the impact is likely to cause your body to be jerked forwards and backwards (or sideways depending on the type of collision) and this will likely pull and strain the muscles and tendons in your neck, back and shoulders. The result is a whiplash injury.

No immediate symptoms is common

It is extremely common to feel absolutely fine after a car accident. The symptoms of whiplash injuries normally do not become apparent until 12 – 48 hours after an accident. So don’t assume you are fine, and don’t be surprised if you wake up the next morning and feel very stiff and sore. What you need to do next is visit your GP or go to a walk in centre or hospital to be medically examined.
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Rupturing ligaments is serious, and normally requires surgery for repair or reconstruction followed by a significant period of physical rehabilitation. When making a claim for personal injury compensation, the more you suffer the more compensation we get for you. Compensation for ruptured ligaments and the severe amount of inconvenience that is caused is therefore taken very seriously.

How we value your claim

The way in which we value your claim is simple – we will organise an appointment with a medico-legal expert who will provide a report to us based on your medical records and your account of the suffering and inconvenience that has been caused. In the case of a ruptured ankle ligament, you will normally see an Orthopaedic expert and perhaps a Plastic Surgeon separately for any scarring. We use the report and our considerable wealth of experience in line with official guidelines to value your claim. This forms the General Damages part of your claim.
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If you are fortunate enough to avoid falling down a flight of steps to the point of breaking something, it’s still highly likely you will end up with some form of pain or injury by slipping on stairs. Back pain is very common for two main reasons – the first is that you may slip and fall backwards and hit your back on the steps; the other is that the force of the slip may cause a whiplash type injury by jarring your back.

Your Rights

You do not need to have broken anything or have been seriously injured to make a claim for personal injury compensation from slipping on steps. So don’t think that you are unable to claim because you are still in one piece! That being said, a back injury can be very painful and can lost a considerable period of time; so you may well be entitled to make a claim.
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In law, there are limitation periods that apply which mean a person can only bring a claim within a particular period of time. The length of that timeframe is normally dependant on where the accident happened, the circumstances, and the age of the person at the time of the accident.

For a road accident that happened in England and Wales, you normally have three years from the date of the accident to bring a claim. This means you must either settle the claim or issue court proceedings within the three year period. Failure to do so may mean you are statute barred from claiming. This normally means you will face difficulties making a claim as your opponent can raise a defence under the Limitation Act 1980.
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Claiming compensation from your employer can be a little daunting for many people. There is a worry about what your employer might think of you, or whether they will treat you any differently or even whether they may get rid of you!

This quick blog is here to put your mind at ease.

The law protects you

You cannot be sacked or treated any differently for making a claim for personal injury compensation. If you were, you may well have an employment claim to make against them as well! So don’t worry, you are fully protected; a fact that your employer should be fully aware of.
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