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August 17, 2011

What is Compensation, and How do I Claim?

When you have suffered an injury, either motor related, (the most common being neck injuries known as whiplash), at your place of work, from tripping and falling over in a public place, or perhaps you have been injured as a result of faulty goods or services, you are entitled to submit a claim to the person(s) that caused the injury. If the incident, and therefore your injures, could have been avoided by the person(s) responsible, you should have a claim for compensation.

Compensation is designed to recompense you for your pain and suffering, and to repay you any losses that you have incurred as a result. Your legal representative will break down compensation in to two heads of damages – general and special damages.

The general damages will be compensation for the injuries sustained, loss of amenity, inconvenience, and the inability to do normal day to day tasks.
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By Editor
August 17, 2011

Your Duty to Mitigate Your Losses

If you have been involved in an accident that was not your fault, you are probably aware that you are entitled to claim for compensation for your injuries. You may not be aware that you can also claim for any financial losses that you have suffered as a result of the accident. This is because compensation is meant to put you back in the position you would have been in had the accident not have occurred; therefore, recouping your financial losses is a crucial aspect to this.

I have listed below some of the more common types of loss which you may be entitled to recover:

  1. Loss of earnings
  2. Treatment costs
  3. Care and Assistance
  4. Travel expenses
  5. Miscellaneous (call charges, postage costs etc)

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By Author
medical
August 17, 2011

How your medical report is used to value your claim!

If you’re at the stage of obtaining your medical report then it’s likely that liability has been admitted on your claim and now your solicitor is arranging for you to have a medical examination. This medical examination produces a report which forms a foundation from which your claim can be valued.

This is why at The Injury Lawyers we arrange all our client’s examinations with specialist private consultants and general practitioners.

We also advise our clients prior to their appointment to inform the medical professional of the accident circumstances as fully as possible, their injury symptoms, and the full effects of their injuries on their life.

This ensures that the medical report provides a comprehensive overview of the full extent of your injuries in order to truly value your claim.
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By Author
August 16, 2011

Child Claims

Has your child been injured in an accident which was not their fault? Do you believe that they have a claim for compensation? Are you not sure how to proceed?  Here are a few points that may help you in this situation.

Where an individual is under the age of 18, they are required by law to have a litigation friend to represent them and deal with their claim for compensation.

A litigation friend is a responsible adult who acts on the behalf of a minor i.e. a person under the age of 18, for the claim for compensation. A litigation friend can be the parent, guardian, or a family friendThe litigation friend must have the minor’s best interests at heart, and be in regular contact with them.
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By Author
August 16, 2011

Whiplash Claims

There has been a lot of publicity in the media lately with regards to personal injury claims suffered from a road traffic accident.  The most common injury being whiplash.

What is Whiplash?

It is an injury to the cervical vertebrae, or the neck as it is normally known, and it is most commonly caused when you are involved in a road traffic accident.  It is as a result of the movement of the head / neck that is caused during the collision of vehicles involved.
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By Author
August 16, 2011

Whiplash Amount

At The Injury Lawyers, we come across many people wanting to make claims for their whiplash injuries on a daily basis.  In the most part they have sustained these whiplash injuries through road traffic accidents – in particular where a negligent third party has driven into the rear of their vehicle.

In such scenarios, it is highly likely that you will be entitled to compensation and you should seek to instruct an injury lawyer to act on your behalf so you can get hold of the maximum compensation you deserve.  A question on most whiplash victims minds is how much compensation they are likely to receive.  Unfortunately, we have to advise that it is somewhat impossible to put an exact figure on the value of your claim straightaway.  Each whiplash injury is different from the next, and it is also depends on the affect it has had on your life, and the severity of your pain and suffering.

However, we can give you a general idea by using what are known as the Judicial Studies Board (JSB) guidelines and statistics / averages.  Statistically, on average, a minor whiplash claim with be worth approximately £2,500.  Again though, I must stress that this is just a rough guide, and you really do have to take everyone’s circumstances into consideration.  Here’s what I mean:
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By Author
August 16, 2011

Third Party Capture

Personal injury claims can be quite costly for insurers.  A Claimant may be awarded thousands of pounds for the injuries they have sustained at the negligence of a third party, and it is the negligent third party’s insurer who has to pay for this.

Further, where the insurer has to pay compensation, they are also liable for the other side’s costs –which again can amount to thousands of pounds.  It is therefore not surprising that some insurers will try and deal with personal injury claims directly with the accident victims.  For instance, they will contact the injured party and see if they can settle their injury claim there and then.  This proves to be a lot cheaper because they can often settle the claim for less than it is worth, and they do not have to pay the injured persons solicitors.  If you are approached by an insurer direct to settle your claim for compensation, you have to be very careful.

Once you agree any compensation in settlement of your claim, that is it.  You cannot go back a few months later and ask for more when you realise that the insurers did not have your best interests at heart.  Your compensation claim is settled.
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By Author
August 16, 2011

Accident at Work Procedure

If you have had an accident at your workplace, you should already know what to do when it comes to what policies and procedures to follow, and how the accident should be reported with your company. If you don’t, I suggest that you ask an appropriate member of staff – but you should have had some guidance or training on the subject in the past.

First and foremost, the accident should be fully and accurately recorded in an accident book. If your injuries need attending to at the scene of the accident, an appropriate first aider should be called in to assist you as much as possible. If you are asked to sign a copy of the accident boom entry, make sure you actually agree to the contents of the report, and only sign it if it is full and accurate. You should also request a copy if you are to sign the report.

Obviously, if your medical needs require it, you should be taken to a local walk in centre of hospital for further treatment. Make sure you explain to the medic in detail as to what happened and how you ended up suffering the injury.
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By Author
August 16, 2011

Injury Claim Calculator

OK – so, how much is a claim for compensation worth? Can you calculate it online and get an accurate figure? If you can, is the amount representative of what you could be expecting to receive?

There are long and short answers for these questions…

Realistically, the only way to value a claim for compensation is with an independent medical report and an assessment with a fully qualified expert personal injury lawyer. There is genuinely no other way to value a claim properly; all other methods are based on guesswork and estimations.
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By Author
August 08, 2011

Whiplash Claims

We at The Injury Lawyersare a specialist law firm dealing only in personal injury and clinical negligence claiming, we also have a great deal of experience in handling claims for whiplash injuries. This means that we are best placed to maximise your compensation claim, and give you a high level of service. The following blog aims to give you on overview of whiplash and your possible personal injury claim.

Causes and Symptoms

Whiplash is caused by a sudden jolt to the head/neck that causes the neck to move beyond it’s normal range of movement. This in turn causes damage to the muscles and tendons in the area, thus inflicting the sufferer with the symptoms of whiplash. These symptoms include:
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