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April 02, 2013

Package Tour Regulation Claims

accidents abroad claimsPackage holidays are fairly common nowadays. Who wouldn’t want to just pay a single fee for an all inclusive stress free holiday, where you don’t have to worry about booking the hotel, flights, transport, and other things separately. It saves a lot of time.

However there is also another benefit to booking an all inclusive visit abroad – you may be afforded the protection of the Package Tour Regulations in the event something goes wrong.

Under the Package Tour Regulations, if you have an accident abroad, you may have a claim against the package provider. The general prerequisites are that:
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By Author
April 02, 2013

Hair Transplant Claims

hair transplant claimsThese types of claims would have been quite uncommon a few years ago, but nowadays with the rich and famous openly admitting to have hair transplants, it appears that everyone wants perfect hair. However, as this procedure is relatively new it also means that a lot can possibly go wrong and consequently result in unfortunate injuries or adverse affects.

There are three main ways that a hair transplant can be done, which are:

  • Follicular Unit Transplantation – this is where a strip of skin is transplanted from where hair grows.
  • Follicular Unit Extraction – this is where hairs are “punched” into the scalp
  • Artificial Transplant – this is where synthetic fibres as opposed to organic hair sourced from the scalp is “punched” in.

All three procedures come with inherent risks (as with any cosmetic procedure) and therefore all three can lead to a potential personal injury.
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By Author
March 29, 2013

Shopping Centre / Mall Accident Compensation Claim Lawyers

shopping mall accident claimsWe often like to follow the trends of our American friends across the pond. They’re huge on shopping malls with everything you need under one roof, and that trend is somewhat catching on over here. I live in Derby and a few years ago, what was the Eagle Shopping Centre was transformed in to one huge Westfield shopping centre with pretty much everything all under one roof!

Personally, I like it – because in winter you don’t have to worry about being cold when shopping! But with such a huge building with a variety of outlets, and with the place being packed with shoppers rushing around, accidents can easily occur. A child drops his ice cream, and someone slips on the remains. A gherkin drops out of a burger, and an innocent old age pensioner ends up slipping on it. Because accidents can easily occur, those in charge of shopping centres need to be on the ball for keeping people safe.

If you have slipped or tripped in a shopping centre due to a hazard that was not cleared, cordoned off, you may have a claim under the Occupiers Liability Act. Under this important piece of legislation, whoever is in charge of the centre must take all reasonable steps to prevent an accident from occurring. Commonly, these are:
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By Author
March 29, 2013

No Training and had an Accident at Work

health and safety in the workplaceThere are a lot of rules and regulations that employers must abide by when it comes to preventing accidents at work. It can depend on the type of industry of course – you’d expect less accidents in an office than on a construction site – but all employers are equally responsible for complying with the law.

To comply with the law, one of the most important tools of course is training. It is your employers direct responsibility to make sure that you receive proper and adequate training when it comes to anything health and safety related. If there is something in the workplace that could cause you harm, you need training to make sure you don’t end up injured.

If you feel you have not been trained properly and this has caused you an injury, you may have a claim for compensation. Here are a few examples of the sorts of training you should expect:

Manual Handling Training

If you need to do any lifting in the workplace, your employer must properly train you how to lift safely. This is a form of training that should be refreshed on a regular basis as well; perhaps annually. Any manual handling activity at work should be risk assessed, so training needs should be identified by your employer. If you have been injured due to a lack of, or inadequate, manual handling training, you may have a work injury compensation claim.
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By Author
March 29, 2013

Tripped on Raised Paving Compensation Claims Advice

tripped on raised paving claimsThis is a very common scenario! With the insane amount of potholes and defects that have been caused by the cold winter we have been through, I think it’s safe to say the highways authorities are facing huge amounts of work (and so maybe behind!) when it comes to rectifying defects on public ground. In this article, I’m going to focus on raised paving as oppose to pothole defects.

A raised section of the highway is a recognised defect. It can commonly occur when paving slabs become loose and rise up as part of the ground sinks down below it. Obviously a raised section of the paving is a dangerous tripping hazard. There is case law to support that you shouldn’t have to look at your feet all of the time when walking around, or you’d be liable to walk in to street furniture. So don’t be daft and think that it’s your fault because you should have been watching where you were walking!

Tripping on a raised section of paving can end up in serious injuries. If you’re lucky you might catch yourself and not fall over; but if you’re not, landing hard on concrete can easily lead to fractures and serious damage. The question is what can you do about it if you have been injured due to a raised section of paving? Can you claim compensation for your injuries and suffering?
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March 26, 2013

Negotiating Settlement of your Claim

making a successful claimSo you have had an accident, instructed a firm of Solicitors, established an admission of liability, and you are ready to settle your case.

As soon as your solicitor has finalised the value of your compensation claim, they will immediately send the evidence, including a schedule of special damages and medical evidence to the insurer of the person at fault for your accident.

The third party representatives will review all documentation in support of your claim. Judicial college guidelines are used to correctly value your injuries along with previous case law.

Your legal representative has a duty to inform you of any offer put forward and will manage the entire negotiation process on your behalf in order to settle your claim fairly and quickly.
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By Editor
March 26, 2013

Leaking Pipe Compensation Claims

leaking pipe claimsGenerally speaking, someone or some company is responsible for a pipe (I would have thought!). If it’s manmade, it’s been fitted by someone and is someone’s responsibility! So a pipe shouldn’t be allowed to leak and cause a potential hazard. Rather obviously if the pipe is carrying water or any other liquid, a slipping hazard can result.

If it’s at work, workplace regulations apply. Your employer has an important duty to keep you safe at work , so traffic routes should not be hazardous. If water is allowed to accumulate due to a leaking pipe, and a slipping hazard is caused, this is a failure on your employer’s part to keep the traffic routes and your welfare safe at work. As soon as your employer is aware of the problem and the hazard, the problem needs to be rectified as soon as possible.

If it isn’t at work, then whoever is responsible for a premises or the pipe that is causing the hazard has the duty to rectify it immediately. If it’s in a shop or a public premises, the Occupiers Liability Act should apply which means that the person or company in charge of the premises has the duty to sort it out. The area beneath the pip can be cordoned off so there is at least no slipping hazard.
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By Author
March 26, 2013

Hazard on the Ground Tripping Up Claims

tripping hazard compensation claimsWhen you’re going about your everyday business, you rarely expect to end up on the floor after tripping over a hazard on the ground! But it does happen. For this article, I’m going to quickly discuss claims for compensation arising from tripping over an object on the ground.

If you go to a shop or a restaurant, or a pub or a club, or any place where you have free public access, there is somebody who is responsible for that premises. That person or company has a duty under the Occupiers Liability Act to make sure that the premises they are in charge or of safe for the public to use. This means that floors should be clear of any hazards.

Those in charge of a premises should have systems of inspection and maintenance to make sure that the floors are free from any objects that could pose a tripping hazard. Obviously in certain places like busy supermarkets, many an item of stock ends up on the ground after being knocked off by kids or falling out of a basket. So the purpose of having systems of inspection in place is for staff to clear away any potential hazards.
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By Author
March 25, 2013

Cosmetic Surgery Compensation

cosmetic surgery compensationWe live in an age where beauty is everything. We’re all concerned about how we look, and most people in modern society today follow the latest trends, fashions, and are out to look as good as they can. It’s no surprise therefore that more and more people are turning to cosmetic surgery to achieve this. It’s a common thing nowadays for people to nip down to their local clinic for a bit of Botox or a tummy tuck.

But it isn’t just the little things we’re doing to ourselves. A huge amount of celebrities have had facelifts, nose jobs, boob jobs, and all sorts. The private clinics are (I imagine) making huge amounts of money from the people who will go to any lengths to look as good as they can. As with most things like this in life, with an increase in private surgery comes the obvious increase in people making personal injury claims for surgery gone wrong!

A classic example is those who choose to have their surgery abroad. Whilst people are happy to pay to look good, we’re still in financial meltdown with the ongoing recession and no signs of recovery. My understanding of cosmetic surgery is that it isn’t exactly cheap to have! So people are often tempted to go abroad where they can get a deal at a lower price. But naturally people need to be careful about this kind of thing, as you have to ask yourself why the surgery is cheaper abroad. How can you be confident that the quality of the surgeon is going to be as good? How can you be confident that the regulations over in foreign countries is as good? Ultimately, you can’t.
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By Author
March 25, 2013

Whiplash Claims in the Snow

whiplash claims in the snow and iceHere we go again! Its snow joke out there; snowmaggeddon has returned; there’s snow way it’s as bad as this; and all the usual jokes and trends on twitter about the weather we’re having at the moment. I remember when I was a kid I was praying for snow to get me off school so I could spend all day sledging and snowball fighting. Now, as a commuter, I hate the stuff!

As well as the obvious delays it can cause, road accidents due to snow are extremely common. All drivers need to adjust the speed and manner in which they drive in to meet the conditions of the road. Snow and ice causes obvious traction issues, so we all need to slow down and take it steady on corners, hills, and country roads.  Sadly, not everyone listens to that.

The point of this article though is to let you know that the weather is not an excuse when it comes to personal injury compensation claims. If you have been injured because another driver has skidded in to the back of you, or veered over from their side of the road, or in any other circumstance because snow and ice on the road has caused them to lose control of their vehicle, they are more than likely liable by law! The at-fault driver cannot use the excuse “I was driving as safely as I could, and I wasn’t speeding; there’s just too much snow and ice and I couldn’t keep control of my car!”
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