With the world of personal injury shaken to its core in light of the reforms that took place this April, most accident victims now find themselves being charged by lawyers if they win their case. The reason for this is that lawyers are no longer able to recover all of their legal fees from the opponent as they used to be able to. As such, the bill has fallen on to the innocent victims to pay.

But if there is one thing we cannot stand here at The Injury Lawyers, it’s the idea that clients are being charged when they have been injured through no fault of their own.

That’s why we have continued our 100% compensation promise for most types of accidents.
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The Defective Premises Act 1972 gives compensation to those who have been injured through defects due to the state of a premises they reside at. These cases are caused by a defect in the property itself, and not something which has been put into the property. For example, a door could form part of the property while a desk may not.

Who is responsible?

A person who builds or extends a property owes a duty to the person who ordered the work, and to every person who acquires an interest in the property to ensure the work is done properly with the correct materials. This duty is discharged if the building was built correctly with correct materials, unless the builder knows of a defect in the instructions and fails to inform the person who ordered the work to be carried out.
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Unfortunately, once they reach school age it’s difficult to be with them 24 hours a day, 7 days a week, and therefore accidents can/will happen where its your child who is the injured one.

So, can you make a claim for compensation if your child has been injured during school hours?

These types of claims can be very difficult, as teachers and schools can only be expected to do so much and they cannot be expected to watch children every minute of every day. However, there are certain incidents that may warrant bringing a claim. Some of the most common situations are:
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We have dealt with many claims for victims who have sustained injury following a slipping accident. It goes to prove that wet floors are dangerous and can lead to accidents and injuries. Most commonly these accidents occur in supermarkets, shops, or at work. Basically when you are out shopping in a supermarket or shop, you are on premises owned and occupied by others. This comes under the term “Occupiers Liability“. The occupier of premises (i.e. the supermarket or shop) owes a duty of care to those entering the shop. Indeed there is even a duty owed to unlawful visitors (known as trespassers). The duty owed to trespassers is less than the duty owed to lawful visitors (i.e. customers to the store).

When there is a spillage in a store it should be cleaned up as soon as possible. Until it is cleaned up a wet floor sign should be erected to warn of the danger. Even if a wet floor sign was present, this does not mean that you cannot claim. There are other things to consider, such as whether the wet floor sign was clearly visible to you. You may often see a member of staff stood close to the wet floor to highlight and warn of the danger.
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We like to think that our name says it all – we are THE Injury Lawyers; a firm of specialist personal injury solicitors who only represent victims for compensation claims. We’re a real law firm, not some claims management company who pass you over to solicitors. It’s us that advise you, and us that represent you for your personal injury compensation claim.

We have particular expertise in representing victims of serious accidents and catastrophic injuries. We have represented many victims for claims that range from a few thousand pounds to millions of pounds. So claiming with us gives you the peace of mind you need to know that we are fighting your corner for the claim.
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Personal Protective Equipment (PPE) is there to help to protect against health and safety hazards in the workplace. Under the Personal Protective Equipment at Work Regulations 1992, PPE is to be defined as all equipment in which is “intended to be worn or held by a person at work and which protects him against one or more risks to his health and safety“.

Safety and work boots are therefore seen as protective work equipment, and therefore must be worn in the work place where necessary. Such Protective work equipment should only be provided with a cost to the employer and an employee is not expected to provide their own equipment.

Both employers and employees have a duty with regards to safety shoes. Under the 1992 regulations, it states that it is an employer’s duty to ensure that all PPE provided is kept “maintained in an efficient state” and is in “good repair“. Safety shoes must be chosen sensibly be the employer so that they are suitable for the job in hand. Employees have a duty to wear the appropriate safety shoes if they are provided.
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Accidents on a motorway (as opposed to other roads) are potentially more serious due to the speeds often involved. It is said that one minor mistake on a motorway can lead to death and serious injury. We deal with many claims for injured victims following accidents on motorways. The most common accidents include rear end shunts, concertina collisions and accidents due to vehicles changing lanes. A concertina collision is basically a multi-vehicle collision. This can be best illustrated by an example – Vehicle A collides into the rear of Vehicle B, which in turn causes Vehicle B to collide into the rear of Vehicle C, which in turn causes Vehicle C to collide into the rear of Vehicle D, etc. This is a concertina collision. Concertina collisions are more common on motorways due to the speed involved and also due to the lack of space often left between vehicles.

Accidents on motorways can often be avoided if road users follow the basic principles and rules. These include leaving a sufficient space between your vehicle and the vehicle in front, only changing lanes when you are sure you have the time and space to do so safely, travelling at the correct speed etc. Motorway crashes can often be fatal so these basic rules should always be adhered to.
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We deal with all types of personal injury claims and we can normally assess your claim for free. Skidding in a motor vehicle is a very dangerous thing to do. Skidding can cause accidents and therefore skidding should always be avoided whenever possible. There are many scenarios or conditions which could potentially cause your vehicle to skid. First, car maintenance is important. Motor vehicles require regular service and maintenance. This is why MOT’s are compulsory for most vehicles each year. A brand new car does not require an MOT until it is 3 years old. Once a vehicle is 3 years old it requires an MOT every year. This is essential to identify and fix any potential problems.

Driver behaviour is another area which we can consider. If you drive at excessive speed then you are more likely to lose control of your vehicle and skid. Equally if you take corners too fast then you are more likely to skid out of control, and potentially cause an accident. Skidding because of speed can easily be avoided; however we continue to see accidents involving speeding/skidding vehicles.
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Public transport has grown in popularity over the recent years as the government has invested a lot of money in improving services to try and divert people away from using cars as much as possible. However, just because you are not in your own vehicle does not mean you won’t be involved in an accident and unfortunately you can find yourself sitting comfortably on a bus and still walking away with an injury.

So who is liable for a bus accident?

If the accident is due to another vehicle being careless then 9 times out of 10 you will pursue a claim against this person as they are at fault for the accident. Therefore, if you are involved in an accident with another vehicle at fault it is important to either obtain the other vehicles details at the scene of the accident (usually just the registration plate is required) or obtain the bus companies details and contact them afterwards to obtain them (or of course the police if the collision has required their attention).
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Road traffic accident claims can be quite quick as a new protocol was brought in in 2010 to ensure this was the case. However, although in the majority of cases your claim can be turned around quickly there are certain things that can delay a claim – some of which are unfortunately out of our control.

Some main ones are:

• The other side’s insurers have not responded to the claim notification form.
• Your injury, medical evidence and rehabilitation needs.

With regards to the former, if the insurers do not respond in the 15 business days as allocated to them in the portal, the claim falls into the personal injury protocol where they have approximately 4 months to confirm their decision. Insurers cannot respond for a number of issues but unfortunately it is more than common than you might think and of course this does mean that your claim may last longer.
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