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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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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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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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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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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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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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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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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I myself drive long distances on a daily basis – and when I say long distances, I mean a 70 mile round trip to work every day. This daily trip serves to remind me of the dangers of the road. My trip comprises mainly of going up and down the MI motorway. Accident hotspots on motorways can be the areas around junctions where traffic is meeting. This is similar to accident hotspots on any road where traffic meets at roundabouts, junctions, and where traffic is generally merging.

Injuries

A more common injury we see here at The Injury Lawyers as a result of a road accident is whiplash. Whiplash is a condition which can be greatly undermined, as it is mostly invisible to the naked eye – unlike a laceration or a broken bone. At The Injury Lawyers, however, we treat whiplash with the utmost seriousness as we know the severe pain it causes as well as the devastating effect it can have on people’s lives. Whiplash is an extremely unpredictable condition – a doctor may say you will recover in 3 months, but 1 year down the line you are still in pain. This is why it is advisable to gain the advice of a specialist personal injury lawyer.  A good lawyer will normally not advise you to settle your claim before you have recovered for this very reason – if your settlement is based on a recovery period of 3 months, but you are still suffering in 1 year – you may have greatly undervalued your claim.
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The Daily Mail has today reported that an elderly lady, Audrey King, of 70 years, is seeking compensation having sustained injuries having been involved in a collision with a mobility scooter.  It is stated that Ms King was out shopping with a friend when a mobility scooter drover into her.  As a result of this accident, Ms King suffered a broken hip and a serious fracture to her thigh bone.  According to the Daily Mail, the negligent driver of the mobility scooter got her coat stuck in the mobility, she lost focus, and subsequently drove into Ms King. 

One of the interesting points of this case is that mobility scooters do not require insurance as they are not considered ‘motor vehicles’.  As such, Ms King could not pursue compensation against the negligent driver’s insurance; something she would have been able to do had she have been in a road traffic accident. Instead, she has had to pursue the negligent driver who may not be worth suing.  It is not surprising therefore that Ms King has called for the law to be changed in respect of mobility scooters and their lack of need for insurance.

Ms King states that she was in ‘agonising pain’ after the accident.  She had to stay in hospital for almost an entire week, has had to have an operation on her hip to ensure that she was able to return home, and now requires a walking aid, and has had to use painkillers for approximately six weeks.  Ms King now requires care and assistance around her home.  Should a claim for compensation be successful, it is expected that the compensation would cover her injuries and any other losses that Ms King sustained subsequent to the accident.  That is, because she has needed care and assistance and may continue to do so for some time, a compensatory award could take this into account.  This would be to cover any expenditure she has incurred in having to get this help in.
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