What is third party capture?

I realise that some of you reading this blog may have heard of this term, but many people do not know what we mean by ‘Third Party Capture’.  In short it is where a third party insurer deals directly with the victim of their insured’s negligence in order for them to come to an agreement over compensation between themselves, without an independent legal representative.  In most scenarios the injuries will have been sustained in a road traffic accident, but equally they could have occurred out of another type of accident, for instance an accident at work.

Is this a problem?
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Compensation is also called ‘damages’ and there are two heads of damages for which you can claim – these are general damages and special damages, both of which I will go on to explain below.

General Damages

General damages is compensation which you can claim for the injuries you sustained as a result of your accident. In essence, you are claiming for:
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You need not be in a manual job to do manual tasks. Manual handling tasks can be delegated to you whatever role you hold in an organisation – for example you may be a receptionist who has been asked to move heavy boxes of files, or an administrative assistant moving deliveries of office supplies. Whatever the role you have your employer has a duty to protect you from risks to your health and safety.

Employer’s Duty

The duty of employers with regard to manual handling is enshrined within the Manual Handling Operations Regulations Act 1992 (amended in 2002). Going in depth into this legislation would take up this entire blog plus some, but the main point which can be taken from it are a hierarchy of control measures which an employer should follow when delegating manual handling tasks.
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Road traffic accidents are becoming increasingly common nowadays. This is probably due to the fact that roads are becomingly more and more clogged up with drivers in a rush and not paying the necessary care and attention whilst out on the road. These accidents also seem to occur most prevalently in traffic meeting places which I have gone on to discuss below:

Roundabouts

Many people can find roundabouts difficult to navigate; especially some of the larger ones. If someone is not completely sure of where they are going and which exit to take, this can be understandable, but it is sometimes these people who cause many of the accidents on our roundabouts. Accidents tend to be most commonly caused through people realising at the last moment they are in the wrong lane and cutting across lanes and causing collisions.
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At The Injury Lawyers we recover our legal fees from the other side directly if we win your case.  If we obtain compensation for you, like we have in thousands of other personal injury cases for our numerous clients, like them, you will get to keep 100% of the compensation you are due.  So, if you are awarded £2,000 for your whiplash injury, you keep the full £2,000.  There are absolutely no reductions on your compensation made by us.

Sounds great – but there must be some kind of catch, right?

No! Even if you lose the claim, which is unlikely because we only ever take on claims we genuinely believe will be successful, we do not charge you a penny.  This is because at the beginning of your compensation claim we take out an After the Event Insurance policy which covers some of our costs should your case be unsuccessful – this way we can recoup some of our losses.  And when we win, we can recover our costs from the other side directly.  You will not have to worry about facing a hefty lawyers bill.
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Whiplash can have extremely debilitating effects. At The Injury Lawyers we treat whiplash with the utmost seriousness as we realise, from the great amount of experience we have, that whiplash has serious effects.

Causes and Symptoms…

At The Injury Lawyers we see whiplash most commonly as a result of road traffic accidents. This is because the condition is caused by a sudden jolt to the head which causes the neck to move beyond its normal range of movement.
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At The Injury Lawyers we are expert injury lawyers with a vast amount of experience in dealing with personal injury claims having done so every day for numerous years.

We therefore realise that, as far as compensation claiming goes, road traffic accident claims can often be straightforward.  This is because it is often quite clear exactly who is at fault, and an early admission of liability if often forthcoming – meaning that we can get your claim settled in no time at all.

For example, if you are in a stationary vehicle, and someone collides at speed with the rear of your vehicle, and as a result you suffer whiplash, you have a great chance of winning your claim for compensation, as it is clear that the third party is at fault. Under the new road traffic accident protocol, you could have their admission of liability within two weeks or less of notifying them of your wish to bring a claim for compensation.
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There are many different rules and regulations which your employer needs to follow in order to fulfil their duty to you in protecting you from risks to your health and safety. I have listed below some of the main areas these rules and regulations are contained within:
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At The Injury Lawyers we are seeing cases of whiplash more and more frequently. One of the reasons for this may be that there seems to be an increased number of road accidents which are one of the most common causes of whiplash. Whatever the reason for this increase, at The Injury Lawyers we are equipped to deal with your claim, and we treat whiplash with the utmost seriousness and respect it deserves.

The reason why the main cause of whiplash is road traffic accidents is that the cause of the condition is through a jolt to the head / neck area. This is very common in road accidents and many do not realise they have whiplash until a few hours later, or even the following day. This is because whiplash does not become apparent in most people until 6 – 12 hours after the accident itself; it’s therefore common for people not to report injury at the scene but then suffer later on.

The symptoms that people can suffer from are:
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At The Injury Lawyers we get a great number of claims stemming from uncovered manholes or defective utility covers causing people injury. This is probably due to the fact that they are common in our streets, and if they are not maintained and repaired when necessary, they can easily cause someone injury.

There are a number of ways an injury can be caused by a defective manhole cover – I have given a couple of common instances below that we see here at The Injury Lawyers:

1. Tripping over a defective utility cover– if the utility cover is raised, unsecured, or tilts with your weight, and as a result causes you to trip or fall, you may have a valid claim for personal injury. We have further advice on our website regarding trips, slips and falls.
2. Falling down an uncovered manhole – If a manhole is left uncovered, it should have warning signs surrounding it and it should be adequately cordoned off. If you have fallen down a manhole which failed to have any of the aforementioned, then you may have a strong personal injury claim.

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