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February 18, 2011

A Guide to Whiplash Injury Claims

It seems the roads are forever getting busier – we always seem to be in a traffic jam, whether it be on the school runs, rush hours going to and from work, or just to go shopping on a Saturday.  Coupled with this, people’s lives are busier and more hectic; everyone is rushing to get somewhere.  These 2 factors together mean that roads are more clogged with people who may be driving without the necessary care and attention, which can lead to more accidents on the roads.

These accidents may be the result of a collision of vehicles head on, from a side road, or perhaps the most common – the rear end shunt (being hit from behind).  It is in road accidents whereby whiplash is most likely to occur.  Whiplash can also occur from a fall from a height, or a knock to the head – for example, whilst participating in sports.

Whiplash is caused by a sudden jolt to the head which causes the neck to move beyond its normal range of movement. This then stretches tendons, ligaments and muscles in the neck causing the symptoms of whiplash.
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February 18, 2011

Council Accidents

Today I have come across a horrific story involving an 11 year old girl who has had her thigh impaled by spiked chain fencing.  The Herts Advertiser reports that Maisie was on her way home having returned a book to her local library when she tripped and fell and ended up impaling her thigh on a spike.  As a result, the unfortunate Maisie has been left with scar, having had to have eight stitches, and continues to suffer from traumatic nightmares which revisit the accident.  As her GP said, had Maisie have landed on her head or stomach, the results could have been much, much worse.  Maisie, as you can now imagine, is conscious of wearing skirts at school because these scan expose her scarring, and unfortunately other children have a tendency to stare at things a little bit different.

Maisie’s mother is also now seeking compensation on her behalf.  Because Maisie is 11 years old, and therefore cannot be classed as an adult, she is required to have someone to act on her behalf, also known as a Litigation Friend, or to wait until she is 18 to make her claim.  Her mother is seeking compensation from the council because of the injuries suffered by her daughter.  It would appear that it is not clear exactly why the spiked railings were there in the first place, because they seem to just protect a patch of grass.  She therefore wants justification of their use and compensation to place Maisie in the position she would have been in had she not have had the accident and suffered the injuries she did.  At this point in time the local council have not responded and the case continues.

If you, or somebody you know, has had an accident whilst they have been walking about a town or city centre and have subsequently sustained an injury, it may be that they could make a claim for compensation.  Your local council is responsible for all the highways, paths and common areas in your town and city, and owes you a duty of care to ensure that you do not suffer an injury when going about your everyday business.  Here at The Injury Lawyers we have pursued thousands of claims against our clients’ local councils and have been able to obtain substantial sums in compensation for them.  If you feel that you have a potential claim then please ensure you get in contact with a quality personal injury lawyer who can provide you with some free legal advice.

By Author
February 18, 2011

Supermarket Claims Guide

You either love supermarkets or hate them. They can be a person’s best friend as you visit them frequently and they have everything you need (usually), and there are cheap prices and discounts galore.  However, many people avoid supermarkets as they dislike the traffic and hassle of the ‘big’ supermarket shop and like to support smaller local businesses instead.

Whatever your feeling regarding supermarkets, it is the last thing in your mind that you will suffer an accident in one that was not your fault.  At The Injury Lawyers we have many clients coming to us having suffered a variety of accidents in a supermarket.  These can include slipping on a spillage left negligently uncleaned and unattended, a trip on an item left in an aisle, or products falling upon you from a poorly stacked shelf.

If indeed you have suffered any of the accidents above, or one not mentioned, and it was not your fault, you may have a claim for compensation. Supermarkets have a duty to keep their customers safe from harm as far as is reasonably possible.  They must comply with health and safety regulations and train their staff accordingly.  Staff may be given training in regularly checking that aisles are clear, training for procedures to deal spillages, or in how to stack a shelf safely.
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February 17, 2011

Specialist Compensation Lawyers

Our expert team at The Injury Lawyers deal only in claims for personal injury; so we’d like to think we know a thing or two about compensation claims! We are an independent specialist firm of injury lawyers with a proven history of happy clients and successful claims.

You should always instruct a specialist personal injury lawyer to deal with your claim if you want to get the best service and the best outcome. So, here’s a little about us, and what we do – because we can only really guide you on how we work given that many other injury law firms work in entirely different ways.

Specialist Independent Injury Lawyers

We are a specialist firm of expert personal injury lawyers – we only deal with injury claims, so you always get an expert injury lawyer and a team of dedicated assistants working with you and your claim. Our expertise range from Road traffic Accidents, work accidents, slips trips and falls, product liability cases, medical negligence, and many more.
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February 17, 2011

Claiming for Compensation – Losses

We have many clients here at The Injury lawyers who come to us after an accident and ask us which losses they are entitled to claim for.  The time after an accident can be confusing as to how to proceed with a claim, and you may be in a fragile state due to events you have experienced.  This is why at The Injury Lawyers we write these blogs to inform and educate you about a range of aspects surrounding a personal injury claim.

There are many losses which can be claimed as a result of an accident which was not your fault.  At the outset of any claim, any good personal injury lawyer, upon verifying you do have a claim, should be explaining all the types of losses you are entitled to. 

Here are some of the more common losses you are entitled to claim for as part of your case:
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February 17, 2011

Cycling Accident Claims

The Bournemouth Echo reports that a cyclist has won £5,000 in compensation having been involved in a cycling accident.  Roger Excell was cycling when he collided with a temporary road sign back in August 2007.  He suffered several muscle injuries to his legs and groin area and tore his tendons.  As such he was unable to walk for several weeks. Mr Excell also took a week off work and required his wife to carry out several household chores and provide him with care and assistance.

It would appear as Mr Excell was making his way to work he hit a temporary road works sign which was obstructing the cycle path he was using.  This occurred despite the fact that Mr Excell had taken several precautions, in particular, he was using a headlamp to ensure that he could clearly see anything in front of him (or so he hoped!)  Fortunately, Mr Excell was also wearing a helmet – it was a good job he was! His helmet cracked into two pieces upon his impact with the ground and he was left unconscious.  We can only imagine that the outcome may have been far, far worse had Mr Excell not been wearing a helmet.

In the court case the judge made it clear to Poole Council, who were responsible for the road works, that they had a duty to ensure users of their highways are safe.  We all know that road works are a part of everyday life.  It seems that wherever we go someone is trying to improve our highways in some way or to make right any problems that have occurred.  To make sure we are aware of these road works, those undertaking them have to clearly warn road users that road works are ahead; to do this, a variety of signs are used as well as traffic lights and lighted barriers.  Although these signs are there to warn road users, the signage must be placed in safe positions so that accidents like that which happened to Mr Excell do not occur.
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February 17, 2011

Working at Height

STV reports that an employee of the Early Learning Centre has received almost £10,000 in compensation after sustaining an injury having fallen off a ladder at work.  Ms McLachlan was trying to get a toy from a shelf at an Early Learning Centre in Glasgow when she fell off the ladder.  As a result of the accident, Ms McLachlan sustained soft tissue damage to several areas of her body, and had to go to hospital for treatment.  Despite her attendance at hospital, Ms McLachlan still has pain in her back which has rendered her unable to drive or walk long distances without the need for a break.  She has also subsequently had to enlist her daughters to help her with her household chores and the weekly shop.  On this occasion it would seem that the ladder which Ms McLachlan had been using was faulty.  Ms McLachlan sued the Early Learning Centre for breaches of the Working at Height Regulations 2005 as the ladders were unfit for purpose as the legs splayed when she was using them.

Accidents at work happen on a daily basis, and a lot of these occur when employees are working at height.  The Working at Height Regulations 2005 are there to help lower the amount of these types of accidents occurring.  To do this, these regulations set out that all employees who work at height should have there duties properly planned and supervised.  Part of this duty entails that all the equipment that is to be used to help the employee reach the height they need to be at is to be properly checked and certified before its use.

If you are in a trade that frequently uses ladders or scaffolding for instance, and you believe you have had an accident that has resulted from you working at height, please get in touch with a quality personal injury lawyer who can advise you on any potential claim you may have.  If you have been injured whilst working at height, and this injury occurred through no fault of your own and within the last three years, then you may have a potential claim.  Firstly we ask that you report your accident in the accident book at work and seek medical attention.  Then, secondly, get in touch with a specialist injury lawyer who can provide you with some free legal advice.

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February 16, 2011

Slipping Accidents & Slip Claims for Compensation

It’s easy to slip – that’s why premises owners have an important duty to ensure all floors and traffic routes are free from any articles that could cause a person to slip. Failing to do so means you may have a claim for compensation against them.

Slipping in a Shop / Restaurant / Cafe / Club / Any Other Public Place

Owner of such premises above have an important duty to ensure that all floors and traffic routes are free from any articles that could cause a person to slip. How should they do this? By regularly inspecting all areas of their premises on a reasonable and regular basis – Particularly in restaurants, cafes, and clubs where food and drink can easily end up on the floor. Staff should be fully trained in how to look out for and clear spillages as soon as possible. Preventative measures should always be used if there are to be any delays – sufficient warning signs or cordoning off an area to prevent the public from accessing it.

If the floor is being cleaned (e.g. mopped) then the staff should be fully trained to ensure they adequately warn passersby of the hazard a wet floor poses. Signs should be numerous and very visible, and cordons should be used in some circumstances. Every reasonable effort must be made to ensure that passersby are either prevented from accessing a hazardous area, or are sufficiently warned of the hazard it poses.
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February 16, 2011

Bikers Be Aware – Road Traffic Accidents

The title of this blog may be referring to motorbikers – however, this blog could refer equally to cyclists, users of mopeds and similar vehicles, as all these road users are of a particular vulnerability when compared to car, van, or truck drivers.

Many accidents involving the vehicles above can occur due to defective road surfaces, items left in the road, or the meeting of traffic at junctions and roundabouts.

It is important that if you have been involved in a road accident to report it to the Police as they may want to compile a report about the incident.  Seeking medical attention for your injuries, whether it be at A and E or at your GP, is important as they can assess your injuries and make a note in your medical records. Obtain photographic evidence of your injuries and keep them safe – this could provide valuable evidence for a later personal injury claim.
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February 16, 2011

Accidents from Working at Height

There are many careers which obviously involve working at a height.  These include tree surgeons, builders – especially roofers and scaffolders, and TV aerial installers.   These people put themselves in danger on a daily basis to give us their essential services and we are of course grateful to them for that.  Therefore it is an obvious assumption that working at height injuries are most common with people in careers as listed above.  This assumption maybe correct, however, people in all sorts of different careers can suffer a working at height injury – for example, a librarian stacking shelving, or a shelf replenishment assistant in a supermarket falling whilst filling up products on shelves.

If you have had an accident whilst working at a height and it was not your fault then you may have a claim for compensation.  Employers must comply with legislation as set out in the Working at Height Regulations 2005. The full facts of this legislation need not be the topic of this blog – however, there are a few points which can be taken from it.  These being that the working at height situation should be properly supervised and planned, the correct safety gear and equipment should be checked prior to use and should be used in the correct manner.

If an accident does occur whilst at work it is important to report it to a supervisor as a record of it may need to be placed in an accident book. It is also important that you seek medical assistance to allow a medic to place a record of it in your medical notes and assist you with stabilising your injuries. You may want to check if there were any witnesses to your accident and obtain their contact details as they may be able to support any later claim you may have. After the accident, you may want to take a note of accident details, such as the time and exact location, to keep events fresh in your mind.  Lastly, but probably most importantly, you need to seek the assistance of a specialist personal injury lawyer to bring your claim for compensation.  This should be done directly with the solicitor; I say this as there are many referral agents out there who will simply sell on your claim to the highest bidder rather than you getting the firm who will give you the best service.
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