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August 03, 2011

Claims for Children / Minors, or Protected Parties

If a minor i.e. anyone under the age of 18, or a protected party as deemed under the Mental Capacity Act 2005, has an accident that was not their fault, and they have been injured as a result, they, like anyone else, can make a claim – the process is slightly different.

Say, for example, your child has an accident a school – I bet you can’t imagine them calling a law firm and making a claim – so how do we get around this? Well it is through the system of having a ‘Litigation Friend’.

A Litigation Friend is someone that acts on behalf of the child or protected party in the running of their claim for personal injury. This person is normally a parent or guardian, but can also be a carer, social worker, or suitable person. It is important that whoever the Litigation Friend is, they have regular contact with the claimant and they have their best interests at heart.
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August 03, 2011

Genuine No Win, No Fee agreement

When you are first thinking about making a claim for compensation you will no doubt be considering which injury lawyer to instruct.  Again, you will no doubt be looking for a specialist injury lawyer who has an abundance of experience in dealing with the sort of accident you have had.  Most importantly though you will probably be looking to instruct an injury lawyer who will not charge you a penny for your claim as they will recover their fees from the other side if you win, and write them off if you lose. This is extremely important because you do not want to be lying awake at night thinking about potentially hefty bills coming through your letterbox from greedy lawyers.

At the end of the day you want compensation for your injuries and you do not want to be paying a fortune to get this compensation, as that would defeat the object of claiming.  Good news – there are numerous injury lawyers who will not charge you a penny for their work whether the claim wins or loses.  Here is a quick guide to our Genuine No Win, No Fee agreement.

At The Injury Lawyers we never charge our clients a penny for our work if the case is won or lost.  You get to keep 100% of the compensation you are awarded if you win as we recover our fees directly from the other side.  There simply are no catches, and to make you feel secure, we write into our agreement with you that we will NOT even seek to recover our costs from you if the other side do not pay them all.
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August 03, 2011

Personal Injury Solicitors

The Injury Lawyers are an independent firm of personal injury experts. When I say independent, I mean that we are not linked to any insurance company, so we fight tooth and nail to maximise your compensation amount. We are also not a claims referral company – we have qualified solicitors and legal executives in house ready to deal with your claim. So we do not sell claims on for profit, nor do we buy any claims from insurers, claims companies, garages, or other companies / persons; we are proud to say that all our clients come to us directly and we feel that this says a lot about the service we provide and the results we get for our clients. In the following blog I will be discussing the various benefits that The Injury Lawyers offer and the reason why so many clients come to us directly everyday requesting our services.

Genuine No Win No Fee Agreement

We offer all our clients what we like to call a Genuine No Win No Fee Agreement. We say genuine as there are no hidden charges for you to pay whether you win or lose your claim. This gives you that added peace of mind and security to pursue your personal injury claim in confidence; after all, solicitors costs can run into the many thousands of pounds so you want to know for sure that there is no onus on you to cover any of these costs. We back our promises up in writing as well.
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August 02, 2011

Whiplash Guide

How is whiplash caused?

At The Injury Lawyers we tend to see whiplash most commonly caused by a road traffic accident – the reason for this being that the injury is caused through a jolt to the head / neck area.  This in turn damages muscles and tendons around the area, causing the symptoms of whiplash.

Have you got whiplash?

The symptoms of whiplash usually come on a few hours after your accident, or even in the following few days. The symptoms experienced depend on the person and on the severity of the accident; I have listed some of the more common types of symptoms below:
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August 02, 2011

Road Traffic Accidents – Motorways

At The Injury Lawyers we have a wealth of experience in dealing with road traffic accident claims, many of which stem from motorways. Motorway driving can be difficult and intimidating due to the high speed nature of it, as well as the close proximity of the cars. It is for this reason as well as others that motorways can be one of our accident hotspots.

Motorway driving requires heightened concentration and awareness of the road – if this is not utilised then accidents can happen. I have listed below some of the common reasons why accidents can occur on the motorway:

  • A negligent driver realising at the last moment that their junction is coming up soon and cutting across a multitude of lanes to exit the motorway, causing a collison and panic in other drivers.
  • A negligent driver driving too closely to the car in front and not taking heed of the traffic slowing down ahead, causing a rear end shunt collision.
  • Negligent drivers not following the Highway Code and undertaking – i.e. overtaking cars in a faster lane, thus causing a collision.
  • A negligent driver merging lanes without completing the proper checks, and so colliding with another vehicle.

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August 02, 2011

Third Party Capture

It is fair to say that insurers are not too keen on people who make personal injury claims; especially successful ones, and this is simply because it costs them money – in some cases an awful lot of money

At the end of the day though, if you have genuinely been injured in an accident which was not your fault, and you have suffered pain and a loss of amenity, you need recourse. This recourse comes in the form of compensation.  Just because insurers do not like paying out does not mean you should not seek to bring your claim for compensation.

It is also fair to say that those people who do bring claims for compensation would like to be compensated as soon as possible.  Although I do not believe nowadays making a claim for compensation is a particular hassle, I can understand that in an ideal world you would love your compensation tomorrow – that would be brilliant.  It is for this reason that some people fall victim to something called ‘third party capture’.
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August 02, 2011

Slip, Trip and Fall Claims

If you have been involved in a slip, trip, or fall accident, and this accident was due to the negligence of another, you may have a strong claim for personal injury.  At The Injury Lawyers we tend to see these types of claims originate from supermarkets, shopping malls and high streets – I have gone on to list some specific examples of accidents we see below:

  • Slipping on a spillage negligently left uncleaned in a supermarket.
  • Tripping on broken paving on the pavement.
  • Falling down an uncovered manhole on the street, or the manhole having no adequate warning signs or cordons.
  • Tripping over a raised or unsecured utility cover.

If any of the above have happened to you then you may have a strong claim for personal injury.  If this is the case then there are a few actions which you can take to strengthen your position: I have listed some of these below:
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August 02, 2011

What Losses can you claim for?

Compensation is meant to put you back in the position you would have been in had the accident never have occurred. This means that, not only do you receive compensation for your pain, suffering, and loss of amenity – e.g. unable to complete hobbies or continue with your social life as normal – but that you can also claim compensation for the financial losses you have suffered as a result of your accident as well.

A good personal injury lawyer will advise you regarding losses right from the outset of your claim, so these can be kept a note of and evidence such as receipts and wage slips can be retained in a safe place. Once your losses are collated they are drafted into a document known as a Schedule of Loss. Your losses are dealt with separately to the claim for your injuries, therefore the Schedule of Loss would not contain a provision for your injury compensation. Injury compensation is a point of negotiation; losses can also be a negotiation process as you do not always get 100% of what you claim for, but the amount you are claiming is generally quantifiable.

I have listed some of the more common types of losses below:
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August 01, 2011

Product Liability

If you have been injured as a result of a faulty/contaminated product, you would bring your claim as a Product Liability Claim. I will discuss two common types of Product Liability below:

Faulty Products

The first point to make is that Product Liability claims can be difficult claims to run and difficult to be successful with. This is firstly due to the fact that the claim can go between the sellers and the manufacturers as to who is to blame, and secondly manufacturers of products can be difficult to locate; so this can be an added struggle.
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August 01, 2011

Accident at Work Claims

Depending on our work places, there are many different hazards which can be contained within it. It is the duty of our employer to ensure that we are protected as far as is reasonably possible from harm.  This duty is enshrined in many different pieces of legislation and regulations which will not be the focus of this blog – I will however discuss below some of the main reasons why accidents can occur around the work place.

  • Personal Protective Equipment (PPE) – PPE is an umbrella term for a variety of equipment which protects you from risks to your health and safety. This equipment can include safety goggles, respirators, and safety bootsbasically whatever is required  to keep you safe from the necessary risks of your job. You should be adequately trained in the use of the PPE and it should be properly maintained and stored to ensure it offers you the fullest protection.
  • Manual Handling – If your work requires you to complete manual handling tasks you should be trained in how to complete these tasks safely. Your employer should also be assessing any potentially hazardous manual handling tasks to see if they can be adapted, or if mechanical assistance can be provided.
  • General workplace safety – Employers should ensure that the workplace is generally a safe area to work within. Obvious examples of this should be safe electrics with no exposed wiring, no trip or slip hazards as far as is reasonably possible, and no faulty equipment which could cause harm.

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