You 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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This 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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A 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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The 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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If 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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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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Lifting 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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Contrary 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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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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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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