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December 04, 2012

Why accident claim payouts can be different for each case

Compensation is based upon the severity of your injuries and how long the injuries will affect your everyday life. As such, there is not really such a thing as a “standard” payout for any particular injury as everyone can be affected differently.

In law the defendant has to take the claimant as they find them – for example if your injury is an exacerbation of an existing injury this doesn’t mean you don’t have the right to claim as, of-course, if it wasn’t for the injury, your condition would not have been aggravated!

So how is a payout assessed? Well, put simply a payout is always assessed on the particular facts of each individual case. There is no such thing as one payout for this injury and another for something else – each case will have its own individual payout.
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By Author
December 04, 2012

New Laws Proposed to Protect Postal Workers From Dog Bite Attacks

postal worker dog attack claimsA recent report has been commissioned by the Royal Mail which has concluded that the laws to protect postal workers from dog attacks is inadequate.  According to the report, further laws need to be created to deal with the owners of dogs which attack postal workers while delivering mail.

According to the commissioned report, around 3,000 postal works a year are subject to attacks by dogs when on their rounds. These attacks can be brutal and in certain circumstances ruin people’s lives. As a result of the commissioned report it has come to light of a postal worker who was attacked in Sheffield by two Staffordshire Bullterriers and has been left with visual and mental scars and is now disabled as a result of the attack.

This commissioned report has called for the Government to introduce immediate changes to the law which will help protect postal workers. One of the proposals from the Royal Mail is to suspend deliveries to addresses where there is a threat to a postal worker from being attacked. This pressure has also been increased due to recent changes to the law on dog attacks in Scotland, Northern Ireland and soon to be introduced in Wales, leaving England the only part not to take action.
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By Author
December 04, 2012

Working at Height Accident Claims

work at height accident claimsAs a man who used to spend his time climbing rocks faces as a hobby, both indoor and outdoor, and having previously worked at height for a refurbishing job a few years back, I’m no stranger to the danger involved and the measures people need to take place to ensure you don’t end up falling from a height.

It only takes one slip, trip, or stumble when up high somewhere to end up careering down a height and facing the potential of a serious injury. It’s an obvious statement that falling from a height can end up in serious damage and even fatalities. So when it comes to working at height as part of the role, the responsibility, as always, falls largely on your employer.

Your employer must take all reasonable steps to ensure that you are safe when working at height. If you are working with ladders, you should be properly trained and provided with the right type of ladders for the job you are doing. If the job requires someone to be at the base of the ladders to stabilise them, then this should always be the case. You should be fully fit to use the ladders, and the ladders should be in a condition to allow the job to be done safely. So if the ladders were to collapse due to disrepair, or fall because they were the wrong type of ladders for the job, or if they were not suitably stabilised, you may have a claim against your employer.
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By Author
December 03, 2012

Work Chair Injury Compensation

office chair injuryUp and down the country on a daily basis people sit down to work – it is perhaps taken for granted that you sit down at your desk or at your work station in whichever job you do and start your daily jobs. However, we also take it for granted that, whilst we are sat at work, we are relatively safe from being injured, we are less likely to trip over a colleague’s bag or a trailing wire for a start. But what if the cause of our injury is the very chair that you sit on every day?

You may think it is unlikely to happen but more and more people are being injured as a result of chairs at work collapsing or breaking when they are being sat on. The question is; what can you do about it?

Well, it is your employer’s responsibility under section 2, Health and Safety at Work Act 1974 to provide you with adequate equipment to allow you to do your job and to keep you safe from hazards that they are able to prevent. Therefore, if you do a job that requires sitting at a desk your employer should provide you with a chair that allows you to do this safely.

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By Editor
December 03, 2012

Claim Contributory Negligence Passenger Knows Driver is Drunk Under the Influence

claim contributory negligenceAlthough it is never a good idea to get in a vehicle when the driver has been drinking, if you have been injured as a passenger in a vehicle which is being driven by a drunk driver, it does not mean that you cannot make a claim for personal injury. However, getting into a vehicle when you know the driver is drunk or has been drinking, can affect your claim.

The normal guideline is that, as a passenger, you are an innocent party and cannot be at fault for the accident. This therefore entitles you to receive 100% of any compensation that is awarded. But this changes if you willingly get into the vehicle when you know the driver is drunk.

Contributory negligence for passengers in this situation will almost certainly be claimed by the other side. This is when you have in some way contributed to the injuries sustained in an accident. In this case it means that you have knowingly put yourself at risk from injury by getting into a vehicle with a drunk driver.

In a personal injury claim, the percentage that a passenger would be held liable for their own injuries in these circumstances is on average around 25%, more or less the same for not wearing a seatbelt.
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By Author
December 03, 2012

Pre Action Disclosure Application (PAD)

how pre-action disclosure worksYou may have been told by your Solicitor that he or she is preparing to make a pre-action disclosure application (or PAD for short). This is basically an application to Court to request that the Court makes an Order to force the other party to disclose relevant documentation in accordance with the claim. Relevant documentation could include insurance details, works medical records, risk assessments, accident book entries etc. The relevant documentation will depend on the nature of the claim. Without such documentation it could be difficult for your Solicitor to assess your claim or the prospects of success in your claim. The documentation could be crucial in determining liability.

The application will usually result in a formal hearing at a County Court. You normally do not need to attend the hearing and we often instruct a Barrister to attend the hearing on our behalf. The hearing would usually last between 10 and 15 minutes. We prepare the application and produce a “draft order” which sets out the documentation that we believe should be disclosed. We also prepare a Statement setting out the correspondence between the parties to show that we have reasonably tried to get the information from the Defendant without the need for court action.
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By Editor
November 29, 2012

No Win No Fee Injury Lawyers

injury lawyers guaranteeThis is a phrase that is batted around A LOT – so it is important to understand the difference between firms and make sure that you instruct the best lawyer for you.

So to begin with, what is a No Win No Fee?

This means that you should not have to pay the fees to run your case if the claim doesn’t win! You should receive 100% of the compensation awarded to if you win as the legal fees for most injury claims are recovered from the defendant.

So what should you now look for in an Injury Lawyer to make sure they’re the best? Here are a few examples.

  1. Communication
  2. Expertise
  3. Accessiblity
  4. Friendly

This is a very basic checklist however there is a lot more too each heading and here at The Injury Lawyers we pride ourselves on ensuring we have focused individually on each one and ensure you as the client get the best service level possible!
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By Author
November 29, 2012

Part 36 Offers! What are They?

we are professional expert injury lawyersA Part 36 offer in personal injury is normally an offer to settle a claim for compensation. Part 36 offers differ from non Part 36 offers in a number of ways. There are cost consequences in terms of Part 36 offers. I will attempt to explain the nature and consequences of Part 36 offers.

Part 36 offers are set out in the Civil Procedure Rules and can be made by both the Claimant and the Defendant.

Not all offers to settle a claim are Part 36 offers. To be a Part 36 offer the offer normally must:

  1. Be in writing;
  2. State that the offer is intended to be a Part 36 offer and to have the consequences of the same;
  3. Specify a period of not less than 21 days within which the Defendant will be liable for the Claimant’s costs if the offer is accepted;
  4. State whether the offer relates to the whole of the claim or part of it.

If an offer is to be a Part 36 offer, it must normally be made in writing. This obviously excludes offers made solely over the telephone. If an offer is made over the telephone and then confirmed to be a Part 36 offer, perhaps either in a written letter or email, this would then be written and could therefore qualify as a Part 36 offer, providing that the other points are complied with.

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By Editor
November 29, 2012

Claims for Vicarious Liability

Vicarious LiabilityThe basic principle of vicarious liability is that, if an employee injures someone in the course of their employment, the employer may be vicariously liable. This simply means that the injured person may be able to win compensation directly from the employer, rather than from the employee.

There are many instances where vicarious liability may occur. For example if you were involved in a road traffic accident with a van and the van driver was at the time of the accident acting in the course of his employment. If the van driver was at fault for the accident then his employer may be vicariously liable. An employer can be vicariously liable for the acts or omissions of his or her employees. An omission is simply a failure to do something. An example could be an employee failing to secure or put down a safety device on a machine which later causes injury. The failure to do something was the negligence and thus his or her employer could be vicariously liable.

The theory behind vicarious liability is that the employer is thought to have “deeper pockets” to compensate injured victims. Obviously if a company has insurance in place then ultimately it will be an insurance company who pays out compensation. This is why companies and businesses take out employer’s liability insurance.

It goes without saying that employers do not like vicarious liability.
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By Editor
November 29, 2012

Contact Dermatitis Through Work

contact dermatitis claimsIf you are suffering from contact dermatitis through work then you may be entitled to make a claim for compensation. Dermatitis is inflammation of the skin which can be caused by coming into contact with skin irritants for example.

Work related dermatitis is more common in certain industries including healthcare, hairdressing, dentistry, food processing, cleaning, printing, engineering, agriculture etc. However dermatitis can occur in just about any place of work. Contact dermatitis is caused by things that dry out and damage the skin. Such things include solvents, oils etc. Frequent and prolonged contact with water could also cause dermatitis.

In terms of the law, dermatitis can be classed as an industrial disease which you can claim compensation for. Such disease claims are run under the terms of the Pre-Action Protocol for Disease and Illness Claims.
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By Editor
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