Personal injury claims are increasing year upon year.  This may be due to the fact that the no win, no fee system enables victims of accidents to bring their claim with no financial hardship to themselves. It may also be that people are more aware of their rights and what they can claim for.  Whatever the reason we know that many of our clients come to us needing advice on what they can claim back.

In view of the above we at The Injury Lawyers feel that we must inform our blog readers of the different types of losses they can claim back in the event the other side admit fault.

Firstly, the most important loss to many of our clients, is a loss of earnings claim.  If you have had to take time off work due to your accident then you may be able to claim back for any loss of earnings you have incurred.  In order to support this claim we would normally request 13 weeks pay slips from you as evidence of your earnings.  In the event you are self-employed we would normally ask for 3 years of profit and loss accounts and would take an average of these earnings.  Even if you have not taken unpaid leave off work and have taken them as holidays, these may also be claimed back.  Depending on your employer, you may get a buy back arrangement for your holidays then simply claim this money from the other side.
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I read with interest today, in the Westmorland Gazette, that a worker from Kendal has received £300,000 in compensation having had his hand compressed and permanently damaged by some machinery whilst at work back in June 2008.  It would appear that the unfortunate Mr Miller will never recover from his injuries having had his hand pulled into a work machine.  He suffered burns and ripped nerves and has had to have reconstructive surgery.  The Westmorland Gazette reports that Mr Miller was attempting to fix the machine when he got his sleeve caught in the machine and was subsequently pulled towards it, suffering this horrible injury.  Mr Miller states that his hand swelled up like a boxing glove and turned green, burned, and bloody while I waited for the air ambulance.

Mr Miller would have been due £375,000 in compensation, but his employers successfully alleged contributory negligence.  It was said that Mr Miller had chosen to work by himself and also chose to remove the guarding off the machine which was contrary to health and safety policy.  As such, because the accident was partly his fault, Mr Miller received £75,000 less compensation.

Contributory negligence is a term that we often come across here at The Injury Lawyers.  If the other side believe that you are in some way responsible for your accident then they will allege contributory negligence.  As such they may attempt to settle your claim for less than the whole compensation you would normally be entitled to.  It is therefore of key importance that if the other side allege contributory negligence, you seek the advice of an experienced injury lawyer.  They will be able to advise you as to whether you should accept a reduction in your compensation.  At the end of the day, should you not seek advice, you may get less compensation than you deserve, which surely you would not want?
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The Star reports that a worker in South Yorkshire has suffered serious problems with their breathing since being exposed to a ‘strong and unpleasant smell’ at an Esso Oil refinery.  Subsequently, Mr Wood, the worker, is seeking compensation in excess of £1million.  The Star states that back in 2005 Mr Wood was exposed to an odd smelling gas whilst at work and has since suffered breathing problems.  However, it is also suggested that there may not in fact be any link between the smell and Mr Wood’s injuries.

The article explains that Mr Wood’s barrister is hoping that the judge assigned to this case will make a finding that the gas that Mr Wood smelt was indeed harmful and that a link can be found between the accident and Mr Wood’s injuries.  It would seem that there may possibly be a link because Mr Wood was well before he undertook his job at the Esso oil refinery and only hours after being exposed to the smell Mr Wood has never been the same and has had to use very strong inhalers to ease his condition.

This certainly is a very intriguing case because it will be a hard task to link the substance Mr Wood smelt to the breathing problems he has suffered.  His Barrister claims that all of the explanations as to Mr Wood’s health problems, this one is the ‘least improbable’.  After all, the smell did lead to an alarm being set off and all the workers at the refinery were required to vacate the premises.  Nonetheless Esso are denying liability and the case continues.
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Road accidents are common enough – luckily, when we’re contained within a large chunk of metal surrounded by advanced crumple points and air bags, most car accident victims can escape with minor injuries at low speeds – unless of course you are a pedestrian or the impact was at high speed on a motorway. But – what about motorcyclists?

It’s no secret that accidents involving motorcycles can end up in absolute tragedy. There is plenty of government advertising instructing drivers to Think Bike!, and look, look, and look again when coming out of junctions, changing lanes, or turning in to side roads. Motorcycles are far harder to spot on the roads, particularly at night. Every driver should be continuously vigilant for motorcyclists at all times. If you spot one, you should keep them in mind all the time.

Unfortunately, it’s been common knowledge for years that you are far more likely to be involved in an accident as a motorcyclist – in fact, previous statistics have accounted for seven times more likely. So the general lessons to be learnt are for drivers to ensure to be far more aware of motorcyclists, and for motorcyclists to take extra care on the roads.
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The Sale of Good and Service Act – you may be aware of this important piece of legislation we have in place to protect us from poor products and shocking services. When we buy a product or invest in a service, we expect that the outcome provided will be of a satisfactory standard. In fact, that’s precisely the reason the Act is in place.

Know Your Rights!

Under the Act, a product sold must primarily adhere to three main factors. The product must (under the Sale of Goods Act 1979) be:

• As Described – The product must fit any description of it, whether written or verbal from the seller. If the product is clearly not as described, you should be entitled to a full refund or replacement (if appropriate).
• Fit for Purpose – The product must do what it is intended to do. A can opener should open cans; a phone must make and take calls; a car must drive. If the product cannot do what it is intended to do, you should be entitled to a refund or a replacement.
• Of Satisfactory Quality  -The product must be free from defect, have a good appearance, and be, most importantly, safe to use. If a product is not of a satisfactory quality, you again may be entitled to a refund or replacement.

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It seems we are forever in a traffic jam – we sit in traffic going to and from work and even heading to the shop on a Saturday.  This is all symptomatic of people’s lives being busier and generally more people having cars.  Today, despite the heavy cost, many households may have up to three cars sat in the driveway.

In view of the above it is no surprise that road traffic accidents are on the increase.  Many of the victims of these accidents are then left with a whiplash injury.  If you are one of these such victims and the accident was not your fault, then you may have a claim for compensation.

Whiplash can occur from a road traffic collision. It may even occur as a result of a fall from a height.  It is caused when the head is suddenly and violently jolted away from the body.
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You may hear the term ‘no win, no fee’ on a regular basis. Whether it be on advertisements on television, being stopped on the street by marketing people or whilst completing your preliminary research on which firm to take your claim.

So, the term ‘no win, no fee’ is common. However the term ‘Conditional Fee Agreements’ I can guess is not so familiar with our blog readers.  The Conditional Fee Agreement is a document which sets out the terms of the ‘no win, no fee agreement’.  Depending on the solicitors, these can be fairly lengthy documents and there is always the temptation to simply trust your lawyer and not read the small print.  However, I cannot stress how much we at The Injury Lawyers advise against this.

At The Injury Lawyers we have many clients who have transferred their claim to us due to poor service from their previous solicitors. We are always amazed at the different sorts of Conditional Fee Agreements we see our clients have entered into before coming to us.  This is why we like to inform and advise our readers to READ THE PAPERWORK.
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Road accidents are a common occurrence – they really do happen all of the time, every single day. There are so many ways you can end up injured through the negligence of another driver out there on the roads; but there are also ways in which you can claim for compensation even if another vehicle is not involved.

A few road accident examples:

Rear End Collisions

If another car crashes in to the back of you, unless you broke suddenly without good reason, it’s pretty much safe to say that you have a successful claim for compensation. If someone goes in to the back of you, they have not allowed enough distance between their vehicle and yours. They are likely at fault for the accident.

Roundabouts

Accidents on roundabouts can so easily occur! The simple and easy rule to follow is – always give way to your right. If another driver pulls on to the roundabout and hits your vehicle, they are at fault if you were already proceeding on the roundabout. If you and another vehicle to your left approach the roundabout at the same time, you have the right of way – the other vehicle must give way to you on their right. If they don’t, it’s likely you have a successful claim for compensation. Unless you’re driving abroad of course…
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One of the most common, if not the most common, questions we face at The Injury Lawyers is: ‘How much is my claim worth?’  This, however, is not a question we, let alone anyone, can answer with certainty straightaway.  It is impossible to immediately value your claim.  How come?  Well, we don’t know when your injuries will heal for example.  An injury that lasts two years will be worth more than the same injury that lasts one year, for example.  But we do not know when you will fully recover at an early stage.  What we can do however is give you a guideline figure as to the value of your injury.

So how do we do this?

A good starting point is the Judicial Studies Board (or ‘JSB’) guidelines on general damages (compensation for your injury alone) for personal injury.  These provide an excellent indication of the value of your claim.  These guidelines allow us to begin to value your injury by providing examples as to how much a head injury, facial injury, back injury, neck injury, leg injury or foot injury may be worth.  The guidelines are based on previous compensation awards made by the courts.  Importantly, the JSB guidelines are not law.  If you receive £4,000 and the JSB guidelines suggested you may be entitled to £4,500, it is not a matter of fact that you should have received that extra £500.  However, what can be said with certainty is that the professional injury lawyers at The Injury Lawyers will always seek the maximum compensation for you.

Here are some examples from the JSB guidelines:
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Work accidents are a common occurrence – especially if you work in construction or the manufacturing industry. But a lot of people don’t know they can claim for a work accident when they’ve had one; in fact, there’s probably thousands – if not, millions – of pounds worth of unclaimed compensation because people unfortunately just don’t know when they’re entitled to make a claim.

So – here’s the answers for your convenient digest:

Q: Can You Claim?

If the accident was not your fault, then perhaps you can. If the accident is a direct result of your employers’ negligence, then you can definitely make a claim for compensation. If you’re at work when the accident occurred, it’s definitely worth contacting an injury lawyer for advice.
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