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April 28, 2011

Road Traffic Accident Claiming

Road traffic accidents are on the increase in many parts of the UK.  This is no surprise as  many road users out there may have noticed the ever increasing amount of traffic on the roads today. This, coupled with the fact that everyone has busier and busier lives and so seem to be always rushing, means that the roads are clogged with drivers that may not be paying the necessary care and attention on the road.

This increase in road traffic accidents is one of the reasons there has been a new system put in place to deal with road traffic accidents that took place after 30th April 2010. This system makes claiming quicker, simpler, and more stream-lined – this can only be good news to any potential road traffic accident claimant out there.

The new system is set up into a 3 stage process and is completed electronically so correspondence is exchanged instantaneously. The first stage begins with the Claim Notification Form. This is the first item a defendant will receive regarding your claim which sets out the accident circumstances amongst several items of important information. The matter is normally dealt with by the Defendant’s insurance company whom have 15 days to respond to the Claim Notification Form giving a decision as to whether they admit or deny liability. This is in stark contrast to the nearly 4 month period the insurers have under the old system.
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April 27, 2011

Compensation Claiming Advice

I fear that many people out there may be sat at home and struggling with the pain of an injury caused through no fault of their own. These people may be considering making a claim, but feel that it would be too much hassle for them to proceed with after what may have been a traumatic accident.

I am writing this blog to inform those people that compensation may not be the hassle that you may think. With the right specialist personal injury lawyer involved, the hassle can be minimal relative to what you may get out of your claim by way of compensation.

If you choose the right lawyer, you may not only receive compensation for your injuries, but your solicitor may be able to arrange private medical treatment for you. At The Injury Lawyers, we are able to arrange medical treatment at the early stages of a claim. This treatment can include physiotherapy, osteopathic, and chiropractic treatment, and would be at no cost to yourself. To this, I can hear you say –‘how is it at no cost’? Well, if you lose your claim, it would be covered by insurance, and if you win your claim, we would recover the costs from the other side as part of your losses.
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April 26, 2011

Choosing your Specialist Personal Injury Lawyer

If you are reading this blog, then you have taken the correct first step to dealing with with your personal injury claim. It is always advisable to take independent legal advice on your personal injury claim, and finding the law firm you want to act for you is best done directly with the law firm. There are many referral agents out there who may want your claim. Referral agents act as middlemen by selling your claim on to personal injury law firms – this referral fee can be for a large amount of money (often up to £800!).

If a law firm has already reduced their budget amount for your case by paying this fee, it is likely that they will also give you a reduced level of service or face incurring a loss – which isn’t something a law firm is going to want to do!

In summary, it is best to leave the destiny of your claim in your own hands and choose the law firm that is right for you. Below I have listed some useful tips that you may want to look out for when researching potential law firms to instruct on your claim:
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April 26, 2011

Losses Information

Many of our clients when they approach us at The Injury Lawyers are aware that they may have a claim for compensation. What they are often not aware of is the extent to which they may claim back other losses that they have incurred as result of their accident. A good personal injury lawyer will advise of claims for further losses from the outset of a claim; the reason being that in many cases the losses are ongoing, and we want our clients to keep all the necessary receipts and other supporting documentation safe to help support the claim.

Once all the losses information is collated, it is at this point a Schedule of Loss may be drafted by your lawyer. A Schedule of Loss, or Schedule of Special Damages as they are sometimes called, is a document which sets out all your losses information and is disclosed to the other side in order to invite offers. Losses are normally dealt with separately to your injury compensation – so this is an item which is not included in the document.

I have set out below some of the items which are more commonly seen on a Schedule of Loss:
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April 22, 2011

The Motor Insurers Bureau

Many of our clients approach us after having been in a road traffic accident; many are understandably frustrated and anxious that they are in this position through the fault of another driver. This frustration is further compounded when a client has been injured as a result of another driver who is not insured, or one whom flees the scene to avoid exchanging details.

These potential claimants approach us unsure as to if they have a claim. We are happy to answer that yesthey may a valid claim through the Motor Insurers Bureau, or MIB as they are more informally known. The MIB are an organisation that is funded by motor insurance companies. This means that they are funded by part of our insurance premium which the MIB have estimated amounts to between £15 – £30 per policy.  The MIB not only deals with claims for compensation, but also for costs for car repairs if your insurer has not dealt with it already.

The MIB also state that they deal with cases of hit and run incidents through their untraced drivers’ agreement.
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April 22, 2011

Third Party Capture

If you have been involved in an accident where you have sustained an injury at the hands of a negligent third party, do not under-settle your claim.  At The Injury Lawyers, we hate hearing about victims of other people’s negligence who have unwittingly settled their claim for compensation alone directly with the party responsible, and as a result have lost out on thousands of pounds in compensation that they would have received had they had a quality injury lawyer acting on their behalf. 

Unsurprisingly, when we at The Injury Lawyers have to inform such people that they have settled their claim and there is nothing we or anyone else can do to obtain an increase, they are devastated.  In the industry, this is what is known as ‘Third Party Capture’.  It is where the other side, most likely through their insurers, try and settle your claim with you directly.  At the time, it may feel like you are getting what you deserve; but most people soon realise that they have likely been undercompensated.  At the end of the day, our advice to you is simple – do not settle your potential claim without independent and quality legal advice.  Ask yourself what is truly in it for the other side to compensate you directly – it’s really obvious – saving money.

At The Injury Lawyers, we cannot settle your claim faster than the other side can do directly.  In fact, it may take a couple of months longer.  But only the other side themselves can settle your claim the fastest because they are the ones with the money that is owed to you.  What I would do is ask yourself a hypothetical question: would you rather have £1,000 now, or £3,000 in two months?  I know I would rather have the £3,000 later, and I am sure many of you would prefer the same. 
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April 22, 2011

Accidents in the Workplace

People may have mixed feelings regarding work. Some dislike work and dread going into the workplace, whereas others relish the idea of work and enjoy it immensely. Whatever your feelings on work, I can hazard a guess that you would never anticipate having an accident there which was not your fault.

Employers have a duty to protect their employees from risks to their health and safety as far as is reasonably possible; they also have to comply with strict health and safety regulations. Therefore, if you have had an accident at work which was not your fault, and you feel that your employer has failed in this important duty of care they have for you, you may have a claim for compensation.

General safety around the workplace
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April 22, 2011

Specialist Claims Solicitors

It’s a lovely day today – let’s hope the weather stays nice over the four day weekend – give us a taste of what’s to come over this summer (hopefully!). But, anyone’s day and summer can easily be ruined when you end up injured in an accident through no fault of your own! Nowadays, it’s easy to end up injuring yourself – but it’s also an easy process to make a claim.

Help! I’ve been injured in an accident that wasn’t my fault!

Been hit in the rear by another car? Fallen down in a supermarket on a wet floor where no signs or preventative measures were in place to warn you of the hazard? Or been injured at work because your employer failed to properly train you for a particular task? If the accident was not your fault, but the fault of someone else (a company, or a person), you have the first ingredient in place to make a successful claim for compensation.
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April 21, 2011

When Should you Settle a Claim for Whiplash?

Whiplash is a common injury which can be caused by a range of accidents. Whiplash is a condition which can have an extremely debilitating effect on a person; it may not only cause severe pain, but also have a devastating effect on a person’s domestic, professional, and social life.

Should you settle a claim before you have recovered from the condition?

Whiplash can be an extremely unpredictable condition: it is one which medics can struggle to predict as to when a sufferer may make a full recovery. This is why is it advisable to gain the assistance of a specialist personal injury lawyer. A good lawyer would normally advise you not to settle your claim until you have made a full recovery – to illustrate why, I have the following example for you to consider:
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April 21, 2011

The Compensation Claims Process

Most people are now aware that if they have been involved in an accident which was not their fault, and a result of which is that they have sustained an injury, then it is likely that they will be able to make a claim for compensation.  This is mainly due to a greater awareness and the flurry of television adverts in recent years which briefly explain that in certain cases where you have been injured, a compensatory award may be appropriate.  So how then, if you have been injured by a negligent third party, do you go about making a claim for compensation?

The first step is to get in touch with a quality injury lawyer with years of experience.  This is because they specialise in this area of law, and it is likely that they will have pursued numerous claims with similar circumstances to your own.  This professional injury lawyer should be able to give you some free no obligation legal advice.  This is certainly how we work at The Injury Lawyers.  At The Injury Lawyers, we also provide our services at no cost to our clients. Whether your case wins or loses, we will not be charging you.  That is unless after we’ve done months of work, or even years of work, you decide you no longer want to go ahead with your claim.  The injury lawyers you chose should work under a genuine no win, no fee agreement.

Your quality injury lawyer should explain the likely stages of your claim.  These are dealt with by way of the Pre-Action Protocol for Personal Injury claims. The first stage of this process is for your injury lawyer to produce on your behalf the letter of claim.  This will outline all your accident details and state why we believe the negligent third party are liable for your injuries and should compensate you.  This will then be sent to the negligent third party who has a period of 21 days to acknowledge the letter and pass it over to their insurers / solicitors / claims representatives, or start their investigations.  By law, the other side are entitled to three months to investigate your claim.  Importantly, this is not to say that they will require this full three months investigatory period.  In many cases the other side are able to provide their position on liability much sooner.
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