If you buy a product in England / Wales, you should be covered by the Supply of Goods and Services Act that legislates that all products provided to a person must be as described, of an expected quality, fit for purpose, and should not cause you harm.

So, the huge question is – what happens if you are injured as a result of a poor product? If a product injures you due to it being defective or having some form of underlying issue, you may be covered under the act. You must prove though that the product is defective. If you are injured because a banana pops out of its skin whilst you’re peeling it, and unfortunately it hits you in the face, I’d say that’s not really a defect but an unfortunate turn of events…

However, if you buy a new toaster, you put your bread in as instructed, and it blows up, I’d say there was a potential issue. Or perhaps if you bought a new chair, sat down on it for the first time and it collapsed, there could be an underlying defect or it may not have been manufactured correctly.
Read More

Answering this question is similar to answering “how long is a piece of string?” Unfortunately, it is impossible to say exactly how long your claim will take as every claim is, of course, different. However, there are certain time frames that apply to a whiplash claim which I will discuss further in this blog.

Under the new Road Traffic Accident Protocol, defendants have 15 working days to respond to a claim with an admission or denial of liability. This means that they basically have to come back saying that they accept fault for the accident or don’t.  This new time frame speeds the process up from the old system where road traffic accidents would go through the personal injury protocol, comprising of a 21 day acknowledgement period and 3 further months for investigation.
Read More

If you are injured on a bus, you may be entitled to claim for compensation for any injuries and losses sustained– dependant on the circumstances.

First things first! If there was a collision, you should have a successful claim. Ultimately there is normally always someone at fault for a collision, whether it’s the bus driver or another road user, so you normally can make a claim with relative ease as there should be someone at fault.

The big question that may well be edging off your lips is – “what if there was no collision? Can I still make a claim?” This is where it can all boil down to why you have been injured.
Read More

If you have lost earnings due to an accident through no fault of our own, you can include a claim for loss of earnings as part of the compensation claim you’re making. The claim itself comes in to two parts commonly: General Damages and Special Damages. The latter is what lost earnings is covered under.

The general principle in law is that anything you have reasonably lost or reasonably paid out for as a result of an accident or injury is something you should be able to clam back for as part of a case. As long, the reason for the loss, is attributable to the accident or the injuries, and as long as it’s reasonable, there shouldn’t be any reason why we can’t claim it back.

What’s reasonable? Good question…

It’s common to send you to a medical expert as part of the claim, as they will produce a report that is used to help us value your claim on the injury side of things. The expert should also comment on the reasonableness of any time off work that has resulted in the lost earnings. As an example – if you’re staying off work because you can’t lift anything at work due to a bad back injury you are suffering from  and you work in a warehouse lifting heavy  boxes all day, I’d say that’s reasonable, and I’d like to think any right minded GP or medical expert would agree.
Read More

Please note that the information below may not apply to accidents that occur in Scotland. Therefore if you are looking for advice on child settlements in a Scottish claim please contact us direct.

When you have been involved in an accident, it can already be an upsetting time. However, when your children have also been involved this can make the scenario 10 times worse, especially if your child is injured. Fortunately, it is possible to pursue a claim on behalf of a minor (any persons under the age of 18) and therefore this may help make the situation appear clearer and go towards compensating for the distress involved.

So how does pursuing a whiplash claim for a child work? It is relatively simple. Primarily, the child will need what is called a litigation Friend to undertake the day to day running of the case. This is usually a parent or guardian, but can be anybody that is close to the child and most importantly acting in the child’s best interest.
Read More

We know that there is a lot of competition in the personal injury world – with each firm looking the same as the next, it can be hard to chose who to go with. However, when you dig beneath the surface, law firms can be VERY different from one another. Here at the Injury Lawyers we have strove to ensure that we stand out from the rest.

Unlike some companies out there, we are an actual law firm. We are not a claims company, advice helpline, or some sort of agent. We can give you legal advice right from your initial call and it is us that actually deal with your case if you instruct us to. The advice we give you from the beginning is therefore real legal advice regarding your potential claim. We do not pass your details around, so there are no middlemen taking cuts from your claim.

Unfortunately, many companies do involve themselves in this practice and this can affect how your claim is run. If the firm pays £1,000 (the going rate) to a middleman for your details, this takes away funds from the fees allocated to run your case and therefore it is very likely that they cannot provide the great service we do and cannot fight as hard for a higher payout. Essentially they’ve squandered a load of their budget on paying a middleman – the referral fees are not recoverable from the other side.
Read More

Commonly, we’re looking at two potential viewpoints on this one – you’re a pedestrian who is hit by a vehicle with a driver that is too cowardly to stick around and do the right thing to help you out; or you are in an accident due to a pedestrian causing you to have an accident.

If you are the pedestrian then there is still the chance to make a claim. Make sure that the matter is reported to the policy straight away and make sure you have medical attention straight away as well. By straight away I’d suggest within 24 – 48 hours. If the police track down whoever decided to leave you injured and unaided at the scene of the accident, we can pursue the claim against them. But if we never find them, there is another way.

The Motor Insurers Bureau was set up as a not for profit organisation with an agreement with the government to investigate and pay out for untraced or uninsured drivers. As long as the matter has been duly reported as I said above, they should be able to pay out for the claim. The level of compensation awards is the same as pursuing an insurer; the major difference is that it can take longer to settle a claim as its difficult to hold a not for profit organisation to any legal deadlines for responses. They work to considerable backlogs, but hey – be grateful there is a way of making a claim!
Read More

As a firm of specialist personal injury lawyers with years of claims experience under our belt, we’re more than used to dealing with insurers, and we’re more than used to the fact that they aren’t always the easiest of people to work with! Thankfully there are protocols in place where we can impose deadlines on insurers to respond to claims within appropriate timeframes.

For example, when a letter of claim is submitted to a Defendant in a common accident at work, occupiers case (like in a supermarket or shop), claim due to defects on the highways, or product claims for example, the other side has 21 days to acknowledge the letter of claim under the pre-action protocol for personal injury. Once it has been passed to whoever will be dealing with the case, usually an insurer, they have three months to investigate a claim. So, generally speaking, the other side has just under four months in theory to respond with a decision as to whether they will pay you out for the claim or not.

Some may respond quickly, leaving you knowing whether the other side intends to defend the claim at an earlier stage; whilst some may well take the entire timeframe just to come back to us. Some may not respond at all – in this case we can issue an application for pre action disclosure against them to force them to respond with the power of a court order. This unfortunately will add time to the claim, but at least it’s something we can do to force a response in the event they fail to respond. An application, if successful, is costly for insurers; so it’s within their interests to respond in time!
Read More

The only way to value a claim for personal injury compensation is by getting examined by an appropriate expert who then produces a medico-legal report, that is in turn used by a fully qualified personal injury lawyer who will review the evidence and value the claim based on the correct legal guidelines.

On top of that, if you have suffered any loss of earnings, or medical expenses, travel expenses, care and assistance from friends and family etc, these can be added in as well.
Read More

People are often worried about returning to work when they’re suffering from whiplash. It normally comes down to one of three things:

1. You’re worried you can’t work because of the pain and will lose out on earnings.
2. You’re worried that you can work, but the pain will be uncomfortable.
3. You’re worried about not being able to claim because you are able to work.

In law, you have a duty to mitigate your loss. You also have a duty to follow medical advice to make sure you don’t worsen your symptoms. So it’s best to seek medical advice and find out whether your doctor feels you are able to work or not. If not, then you should probably follow their advice and stay away from work. Any earnings you lose out on can be recovered as part of the claim in most circumstances.

If you can work, or you’re in the category of people who must work to make ends meet, then you can still make a claim. The other side isn’t necessarily going to raise the argument that you can’t be in any pain because you are able to work. Whiplash didn’t stop me from working, and they haven’t raised it with me. Yes, I was in pain; but it wasn’t pain enough to warrant loads of time off work and then claiming lost earnings fees from the other side. If you can work, and you’re medically fit to do so, you shouldn’t worry about it affecting the claim.
Read More