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June 06, 2011

Motorcyclist Sues Driver for £300,000 After Accident

It was reported in the Advertiser today that a car driver is being sued for £300,000 after allegedly colliding with a motorcyclist in Northallerton.

The alleged circumstances of the accident were that the driver of a Toyota Corolla pulled out of a minor road on the B6271 in Northallerton in to the path of a motorcyclist, and ultimately caused the collision.

After the collision in June 2008, the motorcyclist, a self –employed electrician, suffered fractures to his hip, arm, shoulder, and ribs. He also suffered a further pelvic injury with a pulmonary embolism (a blockage to a blood vessel on the lung).
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June 06, 2011

Untraced and Uninsured Accident Claims

If you have been unfortunate enough to have been involved in a road traffic accident, and you have been injured through no fault of your own, but it has turned out that the negligent third party driver either has no insurance, or has driven off without providing you with his /her details, you can still make a claim for compensation!  You might think that, because the negligent third party driver has no insurance, they are not worth suing; or, because he / she has fled from the scene of the accident, you do not know who to sue, and so you have no means of recourse for your injuries.

This, however, is not the case. Thanks to an organisation called the Motor Insurers’ Bureau (‘MIB’), under these circumstances, you can make a successful claim for compensation from them directly.  The MIB was set up to counter the problem of uninsured and untraced road accidents.  It simply would be unjust if you had been injured due to a negligent third party’s wrongful actions in not being insured, or from fleeing the scene of an accident, and you were unable to get any compensation.  Each year, the MIB helps out nearly 25,000 people who have been injured by the negligent actions of an uninsured or untraced driver.

If you have been involved in a road traffic accident in which you were not entirely to blame, and you have sustained an injury as a result, you can make a claim for compensation.  The best thing you could do is contact a quality injury lawyer who specialises in road traffic accident claims, with particular experience in progressing claims through the Motor Insurers’ Bureau.  At The Injury Lawyers, we have been instructed on numerous cases involving the MIB, and know exactly how it works – so why not give us a call today to see if you have a potential claim for compensation?
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June 03, 2011

Personal Protective Equipment

Personal Protective Equipment or PPE is equipment which can be used or worn to protect you from risks to your health and safety. It is something which your employer is solely responsible for providing, and it is enshrined in regulation that you have no duty to pay for it, or even to provide a contribution.

PPE is extremely important in the workplace – this being said, however, it should not be used in place of another method of safety which protects you just as well, if not, better – PPE is a last resort failing all else even other methods may be more costly or inefficient to your employer.

There is a wide range of PPE which is available depending on the job that you do, and the risks involved. PPE can range from safety goggles, to safety boots, to anti-vibration gloves. PPE can be so vitally important, as it may not just protect from those one-off accidents, but also those which form over time – these may be known as industrial diseases. An example of an industrial disease is asbestosis – the risk of getting this condition can be greatly reduced through the use of PPE, such as respirators.  There is no curative treatment for asbestosis and it can be fatal; so PPE in this respect is vitally important.
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June 03, 2011

The Motor Insurers Bureau

Often clients approach The Injury Lawyers after being in a road traffic accident, where the driver at fault has either fled the scene without leaving any contact details, or their insurers details, or have reported that they do not have any insurance at all. This can leave many of our clients feeling angry and frustrated and unsure as to whether they can pursue a claim in these circumstances.

Upon having a free claims assessment with one of the team at The Injury Lawyers, we are able to happily inform these clients that they may have a claim through The Motor Insurers Bureau, or MIB, as they are more commonly known. The MIB is an organisation that was founded in 1949, and offers light at the end of the tunnel for victims of road traffic accidents in the situations I have described above.  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.

The MIB will not only look at giving you compensation for your injuries, but they will also look at compensating you for any vehicle repairs or vehicle hire needs you may require. Beginning a claim with the MIB means simply filling out a claim form – the whole process can be explained and dealt with on your behalf by a specialist personal injury lawyer.
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June 03, 2011

Product Liability Claiming

When I say Product Liability, all this means is that you have purchased a product which has caused you harm in some way after you have used it according to the instructions provided. The product has caused you harm through no fault of your own.

There are different types of product liability claiming – the topic of this blog will be on two of them.

Faulty Products
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June 03, 2011

Why Make a Claim for Compensation?

If you are reading this blog you may be sat at home after having suffered an accident that was not your fault and you are deciding whether it is worth the effort and stress of pursuing a claim for personal injury. Well, I am here to give you a few reasons why beginning a claim can be beneficial – possibly listing some perks which you may not have even known were available.

Firstly …it does not have to be stressful

If you choose the right personal injury firm, you could be surprised on how hassle to you is kept to a minimum. There are a few ways in which you can identify a good law firm, and the one most major way is through their policies on client care and service standards. If a law firm has no policies on the service they give, this may tell you a lot about the firm; but, the things that you may want to look out for are policies such as returning client calls and e-mails within 24 hours, and updating clients every 2 weeks on the progress of their claim. This then means that you are kept in the loop with what is going on, and you are not constantly chasing for answers or things to be done.
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June 02, 2011

Accidents on a Night Out

We all love going out for an evening – whether it be dancing in a night club, or going out for a quiet meal. However, I can hazard a guess that you would not anticipate having an accident whilst enjoying your evening, an accident that was not your fault and which leaves you with injuries.

If you have been in the above situation, you may have a claim for compensation.  However, it is the breach of duty of the owner that needs to be proven, together with the fact that this breach of duty has led to your injuries – which is known as causation.

The Duty of the Owner
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June 02, 2011

Whiplash Compensation – How Much?

The value of your whiplash claim is dependent on a number of things. We can give you a rough idea as to how much you could be entitled to claim for; but ultimately, these factors need to be taken in to account:

  • Specialist Injury Lawyer – make sure you have a fully qualified expert injury lawyer on your case, working on a Genuine No Win No Fee basis. This means 100% compensation for you if you win – no deductions, no charges. If the claim loses, you pay nothing – not a penny.
  • The Severity of Your Suffering – the more you suffer, the more it is likely to be worth.
  • The Length of Your Suffering – the longer you suffer, the more it is likely to be worth.
  • The Impact the Suffering has on you – the bigger the impact, the more it can be worth. Things like domestic issues, social implications, and employment implications are taken in to account
  • Your Losses – on top of your whiplash compensation, you can claim for lost earnings, medical expenses, travel expenses, and other financial losses that are a direct result of your accident and injuries.

So – why does the type of lawyer you have make a difference for your claim amount? Well, if you get an independent firm of expert injury lawyers, with years and years of experience in dealing with whiplash claims, you have a far better chance at securing the maximum amount of compensation you are entitled to get.
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June 02, 2011

Accidents at Work – Can I Claim?

If you have had an accident at work through no fault of your own, you are entitled to make a claim for compensation from your employer’s liability insurance policy that they must legally hold.

So long as your employer has in some way failed in the duty of care they have for you, or failed to reasonably and practically ensure your health and safety in the workplace, you should have a successful claim.

You can end up injured at work in a whole host of ways –
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June 02, 2011

Litigation Friends Explained

If a minor (someone under the age of 18) has an accident through no fault of their own, and suffers an injury as a result, they are entitled to claim for compensation.  However, there is a caveat to this; by this, I mean they are able to claim, but they are not allowed to act on their own behalf.

This is where a litigation friend comes in. A litigation friend is someone who acts on behalf of the minor throughout their claim; this is usually the minor’s parent or guardian, or alternatively can be another trustworthy adult suitable for the role.

A litigation friend is needed as it is recognised by the Law that a child should be entitled to bring a claim for compensation just like anyone else – but the issue is that they are deemed not to have the ‘legal capacity’ to conduct the claim themselves. Litigation friends are also needed for protected parties, which are people who are not deemed to have the ‘mental capacity’ to act on their own behalf throughout their claim; legislation for this is contained under The Mental Health Act 2005.
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