Motorcycles, as well as vehicles such as mopeds and bicycles, are some of the more vulnerable users of our roads. One of the reasons for this is that they may not be so plain to see as a car or van. This is one of the reasons for advertisement campaigns such as the one on television not long ago. This advert showed a man pulling out a minor road onto a major road he; looked both ways and pulled out – however, he did not see the motorcycle come round the corner, thus leading to disastrous consequences.

Early Financial Assistance

Statistics show it is males that are between the ages of 30-39 that are most likely to ride motorcycles. It is this group of people who may be coming up to the peak of their careers, and may have young families to support. This is all the more reason to begin a claim as soon as possible after the accident.  Once a claim is commenced, it starts the clock for the Defendant to respond with a decision as to liability (fault) on a claim. It is once liability is admitted that applications can be made for interim payments. Interim payments are payments which can be made to a Claimant before the conclusion of the case. These payments are then deducted from the final settlement figure.  These payments can provide vital financial support before your claim can settle – especially when the Claimant is unable to go to work and is not being paid as a result.
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I have read in the Birmingham Mail today that an elderly pensioner Ms Tyler, has received £25,000 in compensation having been injured by a bus.  It is reported that Ms Tyler, 82, got off at a bus at a bus stop in the city centre when the bus pulled away, not realising she had yet to get fully off the bus.  The bus driver braked; however, Ms Tyler suffered severe injuries to her head and sustained a neurological injury as a result of being thrown to the floor.  Ms Tyler not only suffered these awful injuries but was homebound for approximately six months and still has problems with her mobility.

As Ms Tyler said herself, ‘The accident really knocked me for six…I now have trouble getting around my own home and had to make adaptations such as a special chair for me to get in and out of and aids to help me get in and out of the bath…I was really sprightly for my age before the accident and didn’t need any of these mobility aids.  I’d still do all my own decorating and cleaning, and would be able to pop and see my family by myself…Now I have to rely on the Ring and Ride service to get me from place to place as even the short walk to my normal bus stop is too much for me.’

As you can see for yourself, Ms Tyler’s accident has had a major impact on her life.  The £25,000 she has received in compensation will take this into account.  This is because it is not just purely injuries that are sustained through an accident that you are able to recover by way of compensation.  If you have suffered any loss subsequent to your accident, it may well be that you are entitled to make a claim to receive compensation that can go someway in putting you back in the position you would have been in had the accident not have occurred.  For example, in this case, Ms Tyler’s compensation would have included any financial losses she has had in the form of help around the house and from travel fees.
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For many, being involved in a road traffic accident is bad enough if you have suffered an injury as well as damage to your car; plus it is just a general hassle having to sort everything out! But for people who have been hit by an uninsured or untraced car, the frustration felt can be made all the more worse.  The majority of us pay our car insurance on time and ensure all renewals are up to date – we would also take responsibility for our actions by stopping if we were responsible for a road accident – this is why it can be so frustrating when a small minority do not.

Hopefully, this blog will give you some light at the end of the tunnel. If you have been hit by an uninsured or untraced driver, and you have suffered an injury as a consequence, you may still have a claim through the Motor Insurers Bureau – or MIB as they are more informally known.

The MIB was formed in 1946 and is funded by motor insurance companies. Basically, it is funded through a proportion of our motor insurance premium which the MIB calculate to be around £15 – £30 per policy. We deal with claims through the MIB, handling your claim from start to finish. We may not only handle your claim for compensation for your injuries, but also, if needs be, we can claim for any vehicle repairs that are needed as a result of your accident as well.
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The Henley Standard has reported that a man has received over £1million in compensation having sustained severe injuries in a road traffic accident which occurred back at the start of 2005. 

It is said that Mr Douglas of South Kensington suffered horrendous injuries to his head; in particular his face and skull, and also to his brain, pelvis and spine after a drunk driver hit him as he was crossing a road near the Natural History Museum on his birthday.  Mr Douglas now faces long-lasting psychological and neurological effects which hinder his ability to get around and even speak.  Immediately after the accident, Mr Douglas spent a week in a coma and a month in intensive care at Chelsea and Westminster Hospital.  Mr Douglas has also undertaken several facial reconstruction attempts over the last six years.  Unsurprisingly, the negligent drunk driver that caused Mr Douglas’s injuries and who has prevented him from being able to work again, was handed a three year driving ban and a £400 fine.

It is not for every road traffic accident that the victim will receive over a £1million in compensation.  The huge sum awarded to Mr Douglas reflected the truly devastating injuries he suffered, the fact that he will not be able to work again, and also the fact that he will require round the clock care for long periods of time.  Mr Douglas was a musician and worked at a law firm; as a result of not being in a position to work, he has suffered a massive loss of earnings.  This demonstrates that it is not purely your injuries that you are able to be compensated for.  There also other ‘heads of damage’ – for instance loss of earnings and care and assistance, which your professional injury lawyers are able to help you make a claim for compensation for.  The purpose of any compensatory award is to put you back in the position you would have been in had you not suffered injuries at the hands of a negligent third party.  So, if you can no longer work because of your injuries, it is possible to make a claim for your loss of earnings.
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I was doing a regular shop over the weekend at one of my favourite supermarkets for something to have for Sunday dinner. In the end, we decided to go for a Chinese instead! But that’s irrelevant: as I was exiting the store, I suddenly tripped. I didn’t fall – I managed to step back in to stride and didn’t injure myself whatsoever. Before I even looked down to find out what hazard almost had me lying on the floor, my brain had already registered it from the feel of it on my foot at the moment I tripped; a scrunched up section of carpet surrounding a flower display.

The section on the edge of the carpet had, for whatever reason or another, scrunched up and caused a lip – and subsequently a tripping hazard. Having been in this industry for years, I automatically said (quite out loud) “that’s a claim!” The concerned look on the faces of the two staff members nearby as they flattened the carpet back down to remove the hazards was rather priceless!

This whole minor incident did serve to remind me of something – just how easy it is to end up injured whilst out and about doing your daily business. I could have ended up falling on my knees and sustaining considerable damage to the ligaments and tendons inside my knees; I could have broken a bone; I could have knocked my head and been out cold for minutes, or even hours. Ultimately, the ‘what ifs’ of this incident are often the result for many of our injured victims here.
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We take on numerous accidents occurring in the workplace on a daily basis.  Generally, they involve some form of machinery that you have been using which has either been faulty and injured you, or that you have not been properly trained in how to use this machinery and have therefore sustained an injury as a result. 

However, employees get injured in other ways as well.  It is not uncommon for us to hear of ‘Repetitive Strain Injuries’ or ‘RSI’.  This is where people suffer pains from having repeatedly used a particular part of their body.  In most instances this sort of injury will affect your arms, back, fingers, wrists, shoulders, neck or elbows.  Usually those who find themselves suffering from this sort of injury will have undertaken repetitive duties over a prolonged period without having enough rest time.  In the UK alone, thousands of workers are away from work as a result of RSI’s.  One can only imagine the cost of this to both employees and to businesses.

If you are reading this blog it means that in all likelihood you are sat in front of your computer.  For many, your job will involve you sitting in front of a computer as well.  If you undertake data entry tasks, this can be repetitive and cause RSIs.  Likewise, a job sitting at a checkout in a supermarket can lead to an RSI where there is an insufficient rest period.  A further example of where an RSI can be picked up is in warehouses where you are repeatedly carrying out the same manual handling tasks.  Symptoms of RSI’s include:
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Road accident claiming is becoming one of the more common types of personal injury claims we see here at The Injury Lawyers. With the roads seemingly becoming busier all the time, it seems no wonder that this is the case. This is one of the reasons why the system for dealing with personal injury claiming for accidents that happen after 30^th April 2010 has changed. The changes have served to make the system faster, simpler, and more stream-lined. This means that you should have an answer as to whether the other side admit fault after 15 days of submitting your Claim Notification Form; this is in stark contrast to the nearly 4 month time period of the old system.

Injuries

Many road accident victims suffer from whiplash as a result of their road accident.  Symptoms of whiplash usually became apparent around 12 – 24 hours after the accident, and then can steadily increase in severity. The condition can also be extremely unpredictable – a doctor may say the symptoms will resolve in 6 months, but then in 8 months you are still in pain – this is why advice from a specialist personal injury lawyer can be so crucial.  At The Injury Lawyers, we understand what a frustrating and painful condition this can be, as well as what a limiting effect it can have on your life. This is why we aim to offer early medical intervention to our clients. We are able to arrange physiotherapy, chiropractic, and osteopathic treatment for injury symptoms; this treatment is payable by the other side if you win, and is covered by insurance if you lose.
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OK – so you’ve had an accident that wasn’t your fault. Perhaps you were hit from behind by another car, you fell in a supermarket, or you have been injured at work. If the accident wasn’t your fault, you are entitled to make a claim for compensation – and you should be successful.

The problem is – what do you do? You probably know that you should always get a lawyer involved; but with so many of us out there, who on earth do you chose? I can’t make this decision for you, but I can give you some advice on what to look for to make sure you get the best service and 100% compensation guaranteed.

First things first – make sure you do actually get a lawyer. Never deal with the third party (person / company at fault) directly, and never deal with their third party insurers, claims handlers, or solicitors directly either. You must get an injury lawyer to represent you – otherwise, you are flying solo with no one to represent you and look out for your best interests. It’s highly likely you will end up with an under settled claim.
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If you are exposed to vibrations for prolonged periods of time, it may be that you will end up suffering from Hand-Arm Vibration Syndrome (‘HAVS’) or, as it was previously known, Vibration White Finger.  It is common for people, like manual labourers, who work with vibrating work tools such as power drills or chainsaws on a daily basis to end up suffering from HAVS. 

The common symptoms of this syndrome are a feeling of numbness in your fingers, or, in fact, your fingers may even turn white.  If you work with vibrating equipment and have any of these symptoms, it is best, as is this case with any injury suffered, to seek medical advice.  Each year thousands of people are diagnosed with this industrial disease.  Interestingly, it is estimated that around 1 in 10 people who work with vibrating work equipment will at some point notice the symptoms of HAVS. In the last seven years the Government has compensated thousands of people suffering from HAVS in a sum reaching over £100million.

If you believe that you are suffering from HAVS and you have sought medical advice the next step is to contact a quality injury lawyer who can advise you on your potential claim.  Under The Control of Vibration at Work Regulations 2005, your employer owes you a duty of care to ensure that you are exposed to the minimum amount of vibrations as possible.  If they fail in this duty then it may be that you deserve compensation.  Essentially, your employer should ensure that you are not unnecessarily exposed to vibrations when at work, that where you are required to be exposed to work with vibrating tools this is limited, and that you are taught how to properly use these tools.
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So, here’s the situation: You have been unfortunate enough to have been involved in a road traffic accident, and as a result, you have sustained an injury – let’s say whiplash.  It is clear from a legal perspective that your accident is not your fault; it is the fault of the negligent third party driver.  This means that you are entitled to compensation. 

The negligent driver’s insurers get in touch with you and say something along the lines of ‘it looks like the accident was not your fault, and yes, we can see you were injured.  We are really sorry about this and we realise we should compensate you; so here’s £500.00’.  Naturally, the thought of £500.00 is quite appealing I would imagine; especially if your whiplash is not too severe.  You accept, but later realise your injury was much worse and needs more attention, and you believe you should get more money.  Problem: By accepting the £500.00, you have settled your claim and left yourself undercompensated.  At The Injury Lawyers we hear of this on too many occasions.  The technical name for this is ‘Third Party Capture’.  This blog sets out some free advice for those who have been involved in a road traffic accident.

If you have been in a road traffic accident which was not your fault, and you have suffered an injury, it is likely that you are due compensation.  It cannot be stressed enough how important it is to seek legal advice for your potential claim.  And I am not just saying this to ensure the income of solicitor’s.  Don’t believe me? Well, give The Injury Lawyers a call.  Our advice is 100% free and there are absolutely no strings attached.  If you want, you can take our advice and look elsewhere for another legal representative – not a problem.  We are happy if you’re happy, and we are also happy when people do the sensible thing and seek free legal advice.  At least this way you do not under settle your potential personal injury claim and are left with no option but to rue this decision.
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