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March 02, 2011

Road Accidents – Lanes

Given our extensive experience in dealing with road accident claims successfully, you come to appreciate more and more just how easy it is to end up in an accident. In fact, I personally notice potential hazards on the roads better than I used to having given advice and taken on the claims of countless victims in road accidents.

I also find that the law of averages, for some unknown reason, often applies to any near misses I’m involved in. I recall a few months ago I was almost a victim of 4 road accidents in one week alone! Well, it’s happened again the other day – I had two near misses in just one night, which really shows how easy it is to become a victim of a road accident!

My experiences the other night were, funnily enough, both similar in circumstance; and it got me thinking about an important area of road regulation: Lanes! Unfortunately, it seems there are still some drivers out there that do not appreciate the importance of changing and merging lanes safely:
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March 02, 2011

Can I claim back losses?

Now, you may think – what does the above title mean when it says ‘losses’.  Well, for any personal injury claim there is compensation amount that can be awarded for your injury, and there is a separate claim for your losses.  These losses are applied for separately to your injury compensation and are compiled in a Schedule of Loss. It is important that from the outset after your accident that you keep any receipts for costs that have been incurred as a result of your accident. This helps to support and evidence any losses claimed for a potential personal injury claim.

The items of loss which can be included in this Schedule of Loss I have listed below:

  1. Loss of Earnings – this can be one of the most important items in a claimant’s schedule.   If you are employed/self -employed and have had time off work due to your accident then you may be entitled to claim for this item of loss. If you are an employed person then a solicitor would usually ask for 13 weeks of pay slips prior to the accident.  Your loss of earning is then calculated at an average of these wage slips.  If you are self – employed, a solicitor would usually ask you for 3 years profit and loss accounts and calculate the average this way.
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March 02, 2011

Motor Insurers Bureau

I would hazard a guess that most people are aware that driving without insurance is illegal.  However, we have many clients that come to us at The Injury Lawyers after being hit by an uninsured driver.  It can be a particular point of frustration for an accident victim that the driver who caused them to have an accident has been driving without the insurance; something which most of us have the burden of paying monthly or annually. It has been quoted that on average 23,000 people are injured and 160 people are killed after being involved in an accident with an uninsured driver.

Many of our clients are not only involved in accidents with uninsured drivers, but also with untraced drivers.  This again can be a point of anger and frustration for an accident victim that they have been involved in an accident, that was not their fault, whilst the driver at fault has fled the scene of the accident without the potential claimant being able to gain their contact/insurance details, and without being able to take note of a registration plate.  A recent news article brings this topic of untraced drivers to the forefront as it details an accident which took place on the M3 near Camberley where a man sadly died at the scene whilst another of the cars involved fled the scene.

The first question many of our clients ask after being involved in an accident with an uninsured or untraced driver is: ‘can I still claim?’  The answer to this is ‘yes’. Any claims with uninsured or untraced drivers can be dealt with through the Motor Insurers Bureau, or the MIB as they are more commonly known.  The MIB was formed in 1946 and is funded by motor insurance companies.  Ultimately the MIB is funded through a portion of what we pay for our motor insurance premium. The cost to us can be calculated at between £15 – £30 per policy.
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By Author
March 02, 2011

Injury Claims Advice

There are many questions you might ask when it comes to making a claim for compensation:

  • Do I have a claim?
  • How much am I entitled to claim for?
  • When should I make the claim?
  • Who should I instruct to deal with my claim?

There can be many more questions as well – it’s a confusing time after an accident to know exactly what to do. So, here’s a little advice that may just help you out!
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March 01, 2011

Pothole Claims

BBC News has recently reported that the government is providing councils across the country an additional £100m in a bid to repair the potholes that have appeared after last year’s tough winter.  As I am sure many of you reading this will be aware, last winter was one of the worst we have had in ages and as such, a great deal of damage was done to our roads.  The freezing conditions have meant that potholes of varying sizes have cropped up all over our highways because the water has seeped into cracks in the roads, frozen, and expanded: breaking the surface.  This in turn has meant that many accidents have occurred and many people have been injured as a result.  Here at The Injury Lawyers we have come across many cases where people have been injured due to an accident involving potholes.  For example, people have gone head over heels on their bicycles having cycled into a pothole, or people have fallen when crossing the road because they have tripped in a pothole.

BBC News suggests that last year alone over two million potholes were filled in, and with the weather being worse recently, the number of potholes to be repaired has increased.  However, it is also observed that even with this additional money there will likely be numerous potholes that still require attention when the money runs dry.

Your local authority has a duty to make sure that the safety of its highway users is not in danger because of the conditions of the roads.  What this means is that your local council has to undertake regular inspections of its highways.  For example, at least every 6 months; should any be faults be found, urgent action should be taken to make the necessary repairs.
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By Author
March 01, 2011

Supermarket Injury Claims

Supermarkets; you can either love them or you hate them. Many people favour supermarkets as they have everything under one roof, discounts galore, and plenty of choice. For some, they dread the weekly ‘big’ shop due to the hassle of queuing at tills and queuing in traffic to get in and out of the shop car park.  Whatever your feeling on supermarkets, I can hazard a guess that you would not anticipate having an accident whilst shopping in one that was not your fault.

There are many potential hazards in supermarkets. These can include a spillage that has been negligently left unmopped on the floor, causing a dangerous slip hazard, or an item left on the floor causing a trip hazard, or a poorly stacked shelf causing an item/items to fall on someone.  This is not an exhaustive list, as our clients here at The Injury Lawyers can vouch for having suffered all sorts of accidents whilst in a supermarket.
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By Author
March 01, 2011

Whiplash Compensation

Britain’s roads seem to be getting busier than ever. We always seem to be going the wrong way to the traffic – we may be in jams going to work, coming home from work, going to the shops on a Saturday, or even doing the school runs.

Not only this, but people’s lives seem to be busier and more chaotic. This fact coupled with the above means that we have roads that are more clogged with users who may not be paying the necessary care and attention to the road.

The result of the above can lead to more road traffic accidents.  If you have been involved in a road traffic accident and it was not your fault, then you may have a personal injury claim for compensation.
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February 28, 2011

Can I Claim for Compensation?

We seem to hear information regarding personal injury claims a lot. It may be through adverts on the television or radio or a marketing person stopping you in the street.  It may be for this reason that a lot more people are aware of what rights they have when it comes to claiming for injuries. In saying this, however, we have many clients that come to us needing advice and their first question is: ‘have I got a claim?’

This is why our team here at The Injury Lawyers write our blogs – to inform and educate our readers. At The Injury Lawyers we deal with all sorts of claims; some of which I have listed below:

  1. Road Traffic Accidents – these are probably one of the most common accident claims we receive.  The system for dealing with these types of accidents was changed last year; it’s a much more simplified and more stream-lined process, making claims run at a faster pace. If you weren’t at fault in a road accident, it’s likely you have a claim.
  2. Clinical Negligence – if you feel you have received inadequate care from a healthcare professional, whether it’s in a hospital, clinic or GP’s surgery, then you may have a claim for any suffering and loss caused.
  3. Accidents at work – if you have had an accident at work and it was not your fault, then you may have a claim with your employers insurance. Accidents at work may involve a fall from a height or an injury resulting from heavy lifting; it may however be an industrial disease such as Hand Arm Vibration Syndrome developed through the use of power tools or similar vibrating equipment at work. It can be a mentally difficult task to claim from your employers’ insurer, but that is why we are here to act on your behalf.  Employers have a legal duty to be covered by insurers which deal with these situations.
  4. Accidents in a supermarket – there are many hazards in a supermarket: these may include items falling on you from a poorly stacked shelf, slipping on a spillage that has negligently been left un-cleared, or tripping on an item negligently left in an aisle. If the accident was not your fault then you may have a claim against the supermarket.

The above list is by no means exhaustive; at The Injury Lawyers we have many more sorts of personal injury cases that we deal with.  In summary, if the accident was not your fault, then you may have a claim.

By Author
February 28, 2011

Accidents at School

School can be a turbulent time for some, or a greatly enjoyable time for others.  Whatever your feelings surrounding your time at school, you do not think that an accident could occur there which was not your child’s fault.

I have seen how a child’s first day at school can be traumatic for a parent. Waving them off at the school gate for their first day of independence.  Leaving a child at school can be a difficult thing to do but we put our trust in schools to care for our children; and on the most part they do.  At The Injury Lawyers we have a number of clients that come to us after their child has suffered an injury whilst at school.  It can be a traumatic time for parents if their child has an injury, and for many, their trust in schools can slip.

It can be a mentally difficult thing to do, placing a personal injury claim against your child’s school; but you should remember that it is us who will be dealing with the claim on your behalf and schools should be covered by insurance to cover these situations (normally through the local council).
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February 28, 2011

Pedestrian Accident Claims

I read in the Journal Live that a drunk man has been struck by a bus and has recently been awarded compensation.  Stephen Lightfoot suffered horrendous injuries, namely a fractured skull and a brain haemorrhage, and now requires 24-hour care for the rest of his life, after being hit by a bus when crossing the road.  As CCTV footage has shown, the bus driver was caught reading a timetable when he was supposed to be concentrating on his driving.  As such he was found to have been negligent and was clearly not driving with due care and attention when he struck Mr Lightfoot.  However, Mr Lightfoot only received 60% of the compensation he was entitled to because the accident was partly his fault due to the fact that he was drunken and behaving irrationally at the time of the accident.

The judge who oversaw the case said that Mr Lightfoot was partly responsible for his injuries because he was drunk and should not have therefore been trying to get the attention of a bus by standing in the middle of a poorly lit road.  Although the bus driver should have been giving the road his full attention and not reading a timetable, equally, Mr Lightfoot should not have been in a dark road trying to hail a bus; something he probably would not have done had he have been sober.  Yes, the bus driver should have been checking for dangers, checking his speed, his mirrors, and concentrating on the road, but Mr Lightfoot should also not have been in the road.

The CCTV footage revealed that the bus driver had turned his cabin light on to read the map which he put on his lap.  As you can imagine, this is damning footage which showed that the bus driver was not looking at the road.  Road users owe pedestrians a duty of care to ensure their safety.  That is, they must take steps to keep a look out at all times for dangers.  If you have been involved in a collision with a vehicle whilst a pedestrian you too may be entitled to compensation where the driver of that vehicle was not paying you the due care and attention you are entitled to.  It is therefore best that you firstly get yourself checked out at a hospital, or by your GP, and then contact a professional quality personal injury lawyer who can advise you on your potential claim.  As this case shows, even if you under the influence of alcohol and your behaviour might not have been what it would be if you were sober, you may still be entitled to compensation.

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