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November 28, 2012

Duty of Care of a Driver

The Law in respect of a driver’s duty of care goes as far back as 1832 when the Courts recognised that pedestrians and vehicle drivers owed each other a duty to exercise due care and attention.

As a driver, who do you owe a duty of care to? Well in the case of Donaghue v Stevenson 1932, where Mrs Donaghue drank a ginger beer which had a snail in it, a principle to determine who you owe a duty of care to was established.
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November 28, 2012

How Much Can You Legally Lift in a Job?

heavy lifting can kead to serious injuryLifting is part and parcel of many jobs nowadays, but there are rules and regulations in place to ensure that employees are kept reasonably safe and injury free. The Manual Handling Operations Regulations 1992 cover this area in some detail.

If you are lifting heavy objects at work then first and foremost, you should be trained in manual handling techniques. When possible, manual handling should be avoided. This can be done in a variety of ways such as using machinery or equipment to carry objects, re-structuring so that an object does not need to be moved etc. In many jobs an element of manual handling is still necessary and very much seen as “part of the job”. If a safer system of work can be adopted so that manual handling can be avoided, then this safer system of work should be adopted.

When manual handling cannot be avoided your employer should assess the risks of injury by considering how heavy an object is and how far it has to be carried. In many situations there will be something that can be done to either mechanically carry the object or at least assist in carrying the object.
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By Editor
November 28, 2012

Children Whiplash Injury

child whiplash claimsContrary to some beliefs, children can sustain a whiplash injury. Generally they may not be as badly affected as adults, but a car accident can easily leave your child suffering with the same symptoms in the neck, back, and shoulder area.

Whiplash is caused by the ligaments and tendons in the neck, back, and shoulder areas being stretched beyond their normal range of movement. So this can happen whether you are an adult or a child.

Children have the right to make a claim in exactly the same way an adult is entitled to. There are a couple of differences to the claims process – for one, the child will need a litigation friend to act on their behalf, given that the law doesn’t commonly allow them to bring a claim themselves (rather obviously). This is normally a parent or guardian / family member, and can even be you if you were in the same accident.

The other major difference is that an Infant Approval Hearing will normally take place at the end of the claim. This is a simple hearing for a Judge to confirm that they are happy with the amount that has been accepted between us and the other insurers. As the child is under the age of 18, the Court should always intervene to make sure that any offers that are agreed are fair to make sure the best interests of the child are looked after.
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By Author
November 27, 2012

How Long Does it Take to Get a Whiplash Claim?

Whiplash is the most common injury sustained in road traffic accidents and therefore our injury blog will focus particularly on how long it takes to resolve a whiplash claim for a road accident. Of course, if you have sustained whiplash in a way other than a road accident, the process may be a little different and therefore you should contact us directly to ascertain the best route in your particular circumstance.

Whiplash can be extremely painful and debilitating as it mainly affects the movement of the neck, back and shoulders. It is caused by the jolting action of your head being thrown forward and backwards at quick speed. This type of injury can lead to other losses such as loss of earnings and expensive medical fees and therefore claiming for compensation may be essential.

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By Author
November 27, 2012

Dealing with Accidents in the Workplace?

Accidents in the workplace can result in severe injury, as of course many workplaces are filled with large equipment and a number of people working closely together. However, what is the procedure you should follow when wanting to pursue a claim for compensation? Many people are worried about doing so, as they feel it may jeopardise their job and of course this is a worry you could do without when you are already suffering from an injury.

Accidents at work can potentially be very good cases as your employer is obliged to have insurance to cover accidents under The Employers’ Liability (Compulsory Insurance) Act 1969. This is in place to ensure that should an employee have an accident they will be able to pay compensation. Therefore, in the majority of cases, we send the letter of claim of to your employer who just hands it across to their insurance and it is them that continue with the claim– your employer may even encourage you to bring a claim!

So there really is no need to worry. If you have had an accident there are a few things you should try to do and are the types of things we will ask on the initial call (mainly because we like to gather all the information we need straight away to ensure your claim gets underway ASAP.)
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November 27, 2012

School Accident Claims Help and Advice

Accidents in schools are quite common and that is not really a surprise with children running around in the playground, play fighting, playing football and other things that children get up to these days. However there is a need to distinguish between genuine accidents and accidents giving rise to a personal injury claim.

You may be able to bring a compensation claim on behalf of your child if the accident was not his or her fault. For example if your child tripped over a raised paving slab on school premises or tripped in a pot hole. If the area was not adequately maintained and the defect caused injury, then a claim may be possible. It would also be possible to bring a claim if the child was injured as a result of faulty or defective equipment. For example a chair that broke causing injury.
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By Editor
November 27, 2012

Slipping on Wet Floor Claims

Slipping accidents are one of the most common types of accidents giving rise to a claim for personal injury. Unfortunately people can and do sustain nasty injuries as a result of slipping on wet floors. Such accidents more commonly happen in supermarkets or local shops. When you are in a shop, for example, then the shop or the owner of the shop has a duty to keep you reasonably safe and free from harm. Potential hazards should be brought to your attention. One such hazard is a wet floor.

If a floor becomes wet and dangerous, whether it is from people walking in rain water or whether it is from a spillage of some kind, action should be taken by the store as soon as possible. I know that in big supermarkets the procedure is that a member of staff stands next to the spillage while another member of staff goes to get a mop and bucket in order to clean up the floor and remove the danger.

I know this as I used to work in a supermarket and have witnessed the same happening when shopping myself. If the hazard cannot be rectified then a wet floor sign should be clearly displayed to warn of the danger. Obviously in the case of a spillage it would be prudent to clean up the spillage with a mob and bucket and to then display a wet floor sign until the floor is dry and the danger is gone.
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By Editor
November 26, 2012

Best Injury Lawyers

The competition is tough out there for personal injury claims – however picking the right lawyers can affect both the way your claim is run and the final outcome.

We have worked hard here to make sure that we stand out from the rest and ensure a high level of client service along with our personal injury expertise.

We take a unique approach to our claims all aimed at ensuring that you receive the best support throughout your claim and ensuring you are on the road to recovery as soon as possible. We understand that making a claim can be a very stressful and daunting experience – as of course many people have never done this before. One thing that we constantly aim to do is not to throw a load of legal jargon your way. We understand that just because you wish to make a claim doesn’t mean that you also want a legal lecture! Clear information, quickly and efficiently – that is our aim!

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By Author
November 25, 2012

Children Cycling with no Helmet (case law)

Now, sending your child out on a bicycle can be pretty daunting and scary for parents. Most of the time, a little consolation is that they are well kitted up with their reflective clothing, lights and of course a helmet to help keep them safe on the roads.

However, children do not always like to do as they are told or advised and will often remove the things that are keeping them safe as cyclists; especially the helmet. I remember getting to the end of the path, away from the house and removing the awful and un-cool helmet my mum made me wear when I was a kid!

As an adult now, I do see the significance and the benefit of wearing a helmet, but as a child, it is often a case of image over safety, even in the very young. So what does the law state about children who have been injured in an accident as a cyclist and were not wearing a helmet???
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By Author
November 25, 2012

Recommended Personal Injury Solicitors

Claiming for an injury can be a stressful and worrying thing to do, as the majority of people never think they will have to do it. Therefore, it is extremely important that you instruct the best personal injury solicitor for you to ensure that the process is as smooth and stress free as possible (and, of course, to ensure you gain the optimum amount of compensation at the end!)

So what should you look for in a solicitor?

  • Good communication– this is vitally important when claiming as you should be informed at every stage of the process. After all, it is your claim so YOU essentially need to be in the know, all of the time.> Read More
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