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July 29, 2013

Accidents Abroad How Do I Claim?

accidents abroad claimsIf you have sustained personal injury whilst on holiday in another country then you may still be able to bring a claim here in the UK. The most straight forward way to do this is under The Package Travel, Package Holidays and Package Tour Regulations 1992.

If your holiday is a “package tour holiday” then bringing a claim is more straight forward than finding a lawyer in the country that the accident happened in. Initially in these types of cases we will look at whether or not your holiday was a “package tour holiday“. If you paid a sum for your holiday and that sum included a combination of things such as accommodation, flights, transfers, etc then it is likely that your holiday was a “package tour holiday“.
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By Editor
July 29, 2013

Why Should You Make a Claim for Compensation?

Make a Claim for CompensationUnless you have been injured in an accident that wasn’t your fault, you’re likely to have the opinion that making a claim for personal injury compensation is somewhat of a joke, and perhaps even immoral. Personal injury is looked upon fairly negatively as people assume that victims of negligence are just milking the system and taking what they can from insurers.

Whilst I’m not going to go too much in to the ethics of making a claim, I will give you a few reasons as to why you should consider making a claim…

It’s just an insurance claim!

Insurance is there to cover people for eventualities when money is owed to someone. When you make a claim for personal injury compensation, in the vast majority of circumstances you are simply claiming money from insurance that exists to cover you for such eventualities. You are covered by someone else’s car insurance if they knock in to you. You are covered by your employers’ insurance. if you are injured at work in a none fault accident. The same applies for visiting a shop, or a cafe.
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By Author
July 29, 2013

What is a No Win No Fee Agreement?

no win no fee agreementI will keep the content of this article general, because different firms work in different ways. So generally speaking, a No Win, No Fee agreement is a contract between a solicitor and a client that normally means the client is not charged in the event their case loses.

So how can we offer to do this? Who pays us if we lose? Well, nobody pays us if we lose. It’s No Win, No Fee, so we won’t be looking to come to you for fees. But it’s not some big secret or trick as to how we can offer the No Win, No Fee agreement. Really it’s all about our perception of the risk of your case.

We will assess your claim and we will make an informed decision as to whether we think we can win the case or not. If we feel there are good prospects that the case will win, we might be able to offer the No Win, No Fee guarantee. If we feel the risks of the case outweigh the benefits of trying to pursue it, we may not offer a No Win, No Fee agreement.
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By Author
July 26, 2013

Hit by a Vehicle coming out of a Junction or Side Road

hit by a car pulling out of a junction or side roadWe deal with many different types of road traffic accident claims. One common occurrence is dealing with a claim whereby our client has been involved in a collision with a vehicle which is exiting from a side road. Any road accident can cause distress and anxiety in addition to any physical symptoms. Generally, people just don’t like the hassle of dealing with their insurance company and dealing with other aspects such as getting your vehicle repaired and sorting out a hire replacement. Anyone who has ever been involved in a road accident will appreciate this inconvenience. In terms of making a personal injury claim, we aim to make this as simple and as hassle free as possible.

If you have been injured in a road accident then we may be able to act on your behalf. We endeavour to get you the compensation that you deserve. If a vehicle collided into you or you collided into a vehicle coming out of a side road, then in terms of liability it would seem that you have a strong case. A vehicle coming out of a junction or side road is more likely to be at fault than a vehicle already travelling on the major road. This however does not necessarily mean that the other party will accept fault for causing the accident. It could be argued, for example, that you were driving too fast and that this caused or contributed to the accident. Even if this is accepted as a contributing factor, it does not mean that you cannot claim. If partial fault is accepted, this is called contributory negligence. You may agree that you are 10% or 20% to blame. This will mean any compensation awarded will be reduced to account for the 10% or 20% contributory negligence – however it does not mean that you cannot recover some compensation.
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By Editor
July 26, 2013

Gym Accident Compensation Advice

gym compensation claimsThese accidents commonly fall within the scope of Occupier’s liability claims. What this means is that the occupier of a premises has a duty to you to ensure you are safe whilst on their premises and if this does not happen they may have breached their duty and therefore you may be entitled to compensation.

Injuries sustained in a gym are usually as a result of defective equipment – as it is incredibly unlikely that you are going to be able to claim for picking up a weight that is too heavy for you or running too much on a treadmill; you have to show that someone else has been negligent and but for this negligence you would not have sustained an injury.
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By Author
July 26, 2013

Concertina Collision Claim

concertina collision claimsBeing involved in any road traffic accident can cause a great deal of stress and inconvenience. We deal with many claims for client’s who have been involved in an accident which we refer to as a concertina collision. This is best explained in an example. Say you are driving vehicle A and you are stationary positioned at red traffic light signals. Vehicle B is directly behind you. Vehicle C negligently collides into the back of vehicle B which in turn causes vehicle B to shunt into the back of your vehicle (vehicle A). This is a concertina collision.

In this type of accident, injury can occur just as if vehicle B had collided into the back of your vehicle directly. The difference ordinarily is that at face value it appears that the driver of vehicle C is the driver at fault for causing the accident. This would ordinarily be the case. A claim may initially be pursued against the driver of vehicle B but you would expect the blame be passed onto the driver of vehicle C and this is usually the case. There are other factors to consider such as whether the driver of vehicle B did anything wrong such as by being too close to your vehicle or whether they could have prevented the collision with vehicle A.
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By Editor
July 26, 2013

Dermabrasion Compensation Claims

cosmetic injury claimsDermabrasion is the act of wearing away the top layer of skin with devices and methods such as wire brushes or salt crystals. This procedure is usually performed under a local anaesthetic and as it is quite invasive and should always be performed by a medical professional. Please note that dermabrasion is different to micro-dermabrasion which is a procedure that can be carried out by non-professionals and is often the type of treatment that is offered in local salons, for example.

Dermabrasion can leave the skin looking bright red, sensitive to sunlight and sometimes leave small scarring as essentially you are removing the top layer of skin. These are common and inherent risks with the surgery – as with all surgical intervention, they come with risks! This can be with the actual treatment or the anaesthesia that is used to perform the surgery. This can become a problem when looking to make a claim for compensation – if your injury is classed as an inherent risk rather than something that was caused by negligence you may not be able to claim at all.
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By Author
July 25, 2013

Pedestrian Hit Crossing the Road Accidents our Injury Lawyers Advice

pedestrian crossing accidents - who is to blameThe phrase road traffic accidents tends to conjure up thoughts predominantly about car crashes and other such incidents involving moving vehicles; however the first 33 paragraphs of the highway code, the main guidance for what care should be taken on roads, relate to the rights and duties of pedestrians. So where do you stand if you are injured by a motor vehicle as a pedestrian?

Well of course, there are several circumstances that can be covered by this heading – as there are many different ways which a pedestrian could come to be injured by a vehicle so let’s break these down:
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By Author
July 25, 2013

Claims Management Companies – Why to Avoid Them!

avoid claims management companiesWe recently did an article on the clampdowns being faced by claims management companies. The changes that will affect thousands of firms have hit the news as well recently. I’ll come on to a little something about the story being in the news shortly, but for now let’s stick to the main point of the article – why avoid claims management firms?

They’re Just Middlemen…

Well firstly, they are just that – middlemen. They don’t add any value to the claim by simply giving you an idea as to whether you have a claim and then passing it to a law firm for assessment. Really it just delays the process. Speaking to a law firm directly like us means there are no middlemen involved – we can normally tell you on the first call whether you have a claim, and then it’s actually us that represent you.
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By Author
July 24, 2013

Legal Advice for Plastic Surgery

get expert advice on getting compensation from a plastic surgery claimBefore I discuss this matter further it is important to make the important distinction between “plastic surgery” and “cosmetic surgery“; the former is when you are returning something to normal whereas “cosmetic surgery” is improving upon the norm.

So for example; if you had suffered horrific burns and you were looking for a skin graft this would be classed as “plastic surgery” whereas if you wanted to improve on the appearance of your face by way of a facelift, this would be classed as “cosmetic surgery”.

This blog will focus (as the title suggests) on plastic surgery however, there is plenty of advice on cosmetic surgery in our other blogs and therefore if you are concerned about cosmetic surgery negligence I will re-direct you now by clicking this link. Other categories of surgery also include reconstructive surgery, restorative surgery and aesthetic surgery.
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By Author
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