Motorcycle accidents are unfortunately becoming more and more common. This is maybe due to the fact that motorcyclists are the more vulnerable road users in comparison to say cars users. Motorcycles do not have the same obvious in built protection such as that of welded metal and crumple zones which cars offer, and so once an accident occurs there are often more serious injuries involved. This is one of the reasons why for victims of motorcycle accidents choosing a specialist personal injury lawyer with a wealth of experience can make all the difference.
Being seriously injured means that your case is likely to be more complex and may last longer. In this instance it is especially advisable to avoid using referral agencies for your claim. Referral agencies simply sell on your claim onto a law firm giving them a drop in their profits to begin with, which can mean that you get a poorer service and possibly a claim that drags on longer than it needs to.
If you have been in an accident as described above, you may be looking for a law firm to instruct on your claim. I have therefore set out some of the benefits which you should look for in a firm below:
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Hand Arm Vibration Syndrome (HAVS), or Vibration White Finger as it can also be known, is a condition which affects many peoples’ lives. The Health and Safety Executive report that the number of new cases of Vibration White Finger (VWF) assessed for Industrial Injuries Disability Benefit was 850 in 2008/09 alone.
HAVS affects those people whose work exposes them to vibrations on a prolonged basis. To give an idea of those sectors of industry which are hit worst by this condition, the HSE have undertaken a survey. In this survey they found that between 2007 and 2009 it was in industry involving extraction for energy and water supply that assessments for HAVS was by far the highest, with the construction industry coming in second, and the manufacturing industry in third.
It can be seen from this that it is mainly manual workers that are more likely to suffer from the condition. This is because it is the use of vibrating machinery such as chain saws or pneumatic drills which can cause the problem. The prolonged period of vibrations to the hands causes damage to blood vessels, nerves and joints which can cause the following symptoms:
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Do I Have a Claim for Compensation?
Well – me personally, I do. But what I’m talking about here is the common question accident victims ask me when they are looking for advice as to whether they are entitled to make a claim for compensation.
The best way to find out if you have a potentially winning claim is to speak with an expert at a specialist personal injury law firm. The guide below will hopefully help you out on your quest to find out if you are entitled to receive what could be thousands of pounds in compensation for any injuries you have sustained in an accident.
Who’s at Fault?
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It was interesting to read in the Telegraph this week that Axa Insurance has taken the commendable stance of now refusing to accept referral fees for personal injury claims. This announcement came shortly after Jack Straw exposed what he considers the insurance industry’s ‘dirty little secret’ of referral fees.
A referral fee is a fee paid by a solicitor to an insurance company who will in return provide the details of their policy holder to the solicitor so that they can hopefully deal with their claim for compensation. As a spokesman for the Admiral Group explains: ‘When one of our customers calls us for help with a claim that was not their fault, we refer them on to a retained accident management company who help sort out their claim…If the claim needs to be referred to a lawyer then the accident management company will pay us a referral fee.’ A referral fee will typically be in the region of £200 and £1,000 depending on the potential value of the claim. The Telegraph has suggested that in 2010 Admiral Group received over £100m in referral fees!!!
Interestingly, Axa have stated that the reason behind their new refusal to accept referral fees was in order to combat a growing ‘compensation culture’. I say interesting because to me it would seem that it was companies like Axa who were actually fuelling this so-called ‘compensation culture’. By bombarding people with text messages advising them of their potential to make a claim for compensation, and by accepting extortionate fees from some personal injury solicitors for details of people with potential injury claims, for example, is to serve to fuel this supposed ‘compensation culture’. Then to say that insurance premiums are going up because people are making more and more claims for compensation seems a bit cheeky when actually by accepting referral fees is to encourage claims for compensation in the first place.
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If you have been injured in a road traffic accident through no fault of your own, it is likely that you will be entitled to compensation from the negligent third party’s insurance. What’s more, you could receive this compensation in a matter of weeks or in just a couple of months. This blog sets out to explain how to go about making a claim for compensation for an injury arising out of a road traffic accident, and to dispel fears that obtaining this compensation could take years.
Once you have consulted a medical expert about your injuries, the best thing you can do if you consider that you should receive compensation for your injuries is to get in touch with an expert and quality injury lawyer who specialises in dealing with road traffic accident claims. Such lawyers are best placed to progress your claim as they have vast experience in the field and obtain thousands of pounds in compensation for innocent victims of road traffic accidents every day.
Things to consider when instructing your injury lawyer:
- Make sure they do not charge you a penny for your claim, win or lose
- Are they able to help you obtain free private medical treatment?
- How often will they keep you updated regarding your claim? What are their service levels like?
- Do they pay referral fees? If so, they will probably offer a limited service in order to recoup this fee
- Are they experts in the field?
How Much Does it Cost to Claim for Compensation?
This is a common question I am asked when I am advising accident victims about their potential claim for compensation. How much does it costs to have a lawyer? Will anything be taken away from the compensation?
Well, I have some fantastic news for you – so read on!
The No Win No Fee is rather self explanatory when it comes to what happens if your claim loses. With most reputable firms, it does exactly what it says on the tin. Your lawyer will only accept your case on a No Win No Fee basis if they believe they have a good chance of winning it. We don’t take on claims that we feel we cannot win. So, we guarantee that, if it loses, we do not charge you.
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Whiplash can be an extremely debilitating condition – it can be painful and leave you unable to go to work, socialise with friends, or do the hobbies which make you happy. At The Injury Lawyers we hear about the effects of whiplash on a daily basis from our clients. We encourage our clients to tell us the full effects of their condition and to give us updates on how their recovery is progressing on a regular basis – as all these factors are considered when placing a value on a claim.
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. This then causes the muscles and tendons in the area to be damaged and leaves the victim with some or all of the common symptoms below:
- Pain, tenderness and / or stiffness in the neck
- Pain radiating down the shoulders and / or into the back
- Pins and needles type sensations in the arms
- Severe, recurrent headaches
- Reduced or even no mobility in the neck and affected areas
Your Losses and your Duty to Mitigate
Compensation is meant to put you back in the position you would have been in had you not ever been involved in the accident.
This means that, not only are you entitled to claim back for your injuries, but also for any financial losses you have suffered as a result of those injuries.
In order to give you an idea of what losses you can claim for, I have listed some of the more common types of losses below:
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Motor Insurers Bureau – Untraced and Uninsured Claims
Being involved in a road traffic accident that was not your fault can be frustrating enough; but being involved in an accident where the negligent party fled the scene or did not have any insurance is a further point of anger.
At The Injury Lawyers, we are able to offer some light at the end of the tunnel to people who have been in an accident as described above. Many clients often believe that they are not able to claim if they do not know any of the negligent driver’s details due to them fleeing the scene or not having insurance; however, we are often happy to inform them that they can still make a successful claim.
Claims such as those described above can be put through The Motor Insurers Bureau, or MIB as they are more informally known. The MIB are funded by motor insurance companies – so ultimately, they are funded by our motor insurance premiums. The MIB have calculated the cost to us to be around £15-£30 per motor insurance policy.
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Third party capture is where a third party insurer settles a person’s claim for compensation against their policyholder directly with them. In other words, it is where an insurance company representing the person who caused a victim’s injuries gets in touch with the injured party who has no legal representative and settles their claim for compensation. In most instances of third party capture, the injured party, the claimant, will have been involved in a road traffic accident – however, it could also occur say where the claimant has been involved in an accident at work or some other accident.
Why is this a problem?
The worry is that the injured party will not receive a settlement that is properly representative of their injuries and need for treatment. It is likely that the insurer will under-settle your claim for compensation and not help you out sufficiently should you require any treatment for your injuries.
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