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February 04, 2011

Night out – Accidents

Everyone enjoys going on a night out.  It may be for a meal with your loved one, for a good dance with your friends, or for a few after work drinks down the pub.  Whatever your night out, you would hope that you have a good time, relax, socialise and let your hair down. The furthest thought from your mind is that you may have an accident causing an injury.

There are many possible injuries which can be caused on a night out.  If we take the example of a night club – there may be spillages on the floor causing a slip hazard, or even items such as broken glass on the floor which could compound a fall injury making it worse, or could cause a laceration to the foot.  Even if someone else slips on a spillage which has negligently been left untreated, and pulls you down with them, you may still have a claim for compensation.

Like anywhere else, pubs, bars, nightclubs and restaurants have to abide by strict Health and Safety Regulations in order to keep their customers safe from harm.  You may think that the accident was your fault as you had consumed too much alcohol – but before you come to this conclusion you have nothing to lose by calling a solicitor who can advise you, free of charge, whether you have a claim.
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February 03, 2011

Claiming for my Child

How can a child bring a claim on their own? Can someone deal with my claim for me?  These are just a couple of the questions we face at The injury Lawyers on a daily basis.  So what are the answers? Well, as you might expect in the case of a child, they are unable to undertake legal proceedings of their own accord.  After all, the child may be three, four or five years old, and could not possibly be expected to do so.  The law recognises this and understands that those under the age of 18 do not have the ‘legal capacity’ to bring claims on their own.  It is therefore necessary where the person who has sustained an injury is under the age of 18 that they have what is called a ‘Litigation Friend’.  In other words a responsible adult who can act on their behalf.  In the case of children, this will usually be the child’s parent or guardian.  Equally, this could be a social worker or another adult.  Importantly, this is also applicable to those who, by way of the Mental Capacity Act 2005, are deemed to be a ‘protected party’ and would similarly require a Litigation Friend.

Okay, but what if I am an adult myself, but I am frequently in and out of hospital as a result of my injuries and therefore cannot frequently deal with my claim?  It is not that you do not wish to deal with your claim yourself; it is simply that it is not practicable to do so.  Or maybe you are elderly or feel too distressed by your accident and do not wish to deal with your claim yourself. This is not a problem either.  Like a child, you can nominate a Litigation Friend, or simply have another person with the written authority to act on your behalf.

At The Injury Lawyers, we always advise that those nominated to be a Claimant’s Litigation Friend should have the very best interests of the Claimant at heart.  The Litigation Friend must be someone who the Claimant can put their wholehearted trust in.  They must be reliable and able to address all issues raised, just as you would.  Naturally, the Litigation Friend must not have a conflict of interest with the Claimant.
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February 03, 2011

Whiplash Claims

Today’s roads are busier than ever.  We may sit in traffic jams in rush hour going to work, in rush hour coming home from work, and even going to the shops on a lazy Saturday afternoon.  It seems we are always going the wrong way against the traffic!

It is the state of the roads being so busy which means road traffic accidents are simply becoming more common.  It may be a case of someone rushing and speeding which causes a collision, or it may be a matter of someone just not paying the necessary care and attention to the road, causing them to run into the back of your car.  Whatever the reason or type of accident, it may cause you to have an injury known as whiplash.

Whiplash can occur as a result of a car accident, or even from falling from a height.  It is an extremely common injury.  It can be mild in nature with symptoms being less acute for a short period of time, or it can be more serious with extreme pain for the sufferer, maybe lasting years.
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February 03, 2011

Work Accident Claims – Height

Many careers involve regular working at height situations.  I am talking about careers such as tree surgeons, scaffolders, or TV aerial installers.  However, it is in many other careers, careers that you may not expect, that accidents from working at a height could occur. These could be a receptionist changing a light bulb, or a warehouse assistant attempting to obtain an item from elevated shelving so it’s no surprise that working at a height accidents are extremely common.

There is legislation in place aimed at decreasing the amount of accidents occurring from working at a height – these are quite aptly called the Working At Height Regulations 2005.  This is a lengthy piece of legislation, and the whole detail does not need to be the subject of this blog; however, there are a few important details which should be noted.  These being that any working at height situation should be properly planned and supervised using safety equipment that has been checked prior to use.

If this piece of legislation is not properly known and enforced by employers, there is a high chance that a working at height accident could occur.  Some of the most common accidents being falls from scaffolding, roofs, and ladders.
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February 03, 2011

Bus Accidents

When we talk of road traffic accidents, we tend to think that the crash involved two or more cars – we typically consider a road traffic accident to be a car crash.  However, as the name suggests, road traffic accidents incorporate all accidents that occur on our roads.  This includes accidents involving buses.  If you have been involved in a road traffic accident whilst you were a passenger on a bus, as would be the case if you were involved in a car accident, you may be entitled to compensation where you have suffered a personal injury.

If you have been involved in a bus crash and subsequently sustained an injury, it will be the case more often than not that the crash was not your fault.  As such you may deserve compensation to place you in the position you would have been had the accident not occurred, and you had not sustained an injury.  You should therefore contact a quality injury lawyer who will be able to advise you on your potential claim.  This may be against the bus company or the driver of the vehicle that caused the collision.

If the accident happened because the bus driver was negligent, you are able to pursue the bus company for compensation.  This is because they are vicariously liable for the bus driver.  In other words, because they employ the bus driver, they are liable for his actions.  The bus driver is their responsibility.  So, if it is considered that the bus negligently crashed, the bus or negligently accelerated or braked too suddenly, causing you to be thrown from your seat for example, you are entitled to make a claim for compensation against the bus company for your injuries.  Bus drivers are under a duty of care to their passengers and have to drive safely and responsibly.  If they do not adhere to this duty then the bus company they work for can be held liable for any injuries resulting from their negligence.
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February 02, 2011

No Win, No Fee Solicitors

At The Injury Lawyers we work on a no win no fee basis.  You may hear this term a lot adverts whilst watching television, marketing people stopping you on the street, or whilst completing your research on which solicitor to instruct for your claim.

Well, it may sound simple and straight forward, but in today’s day and age, knowledge is power.  This is why we at The Injury Lawyers want to inform you of all the in’s and out’s of the ‘no win, no fee’ agreement.

It is our belief and commitment to ensure that our clients receive 100% of their compensation.  This compensation a claimant receives is meant to put them back in the position they would have been in before the accident, plus an amount for the pain, suffering, and inconvenience of the injury. If we took a proportion of this compensation for our own costs, then this would not be putting you, the claimant, back in that position.  Therefore, if you win your claim, you get 100% of your compensation and do not pay us a penny; and if you lose, you still do not pay us a penny for our time on your case.
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February 02, 2011

Repetitive Strain Injuries (‘RSI’)

When people hear of others getting injured at work, they tend to think of accidents occurring on a building site, accidents involving machinery, or maybe someone falling off a step ladder when putting items on shelves, for example.  It may therefore surprise some of you to know that one of the most common injuries suffered by workers are Repetitive Strain Injuries, or ‘RSI’s’.  What is meant by an RSI?  Well, RSI is a broad term which relates to the pain people suffer when they overuse a certain part of their body.  RSI affects different areas of your body, but these injuries most commonly occur in your wrists, arms, fingers, back, shoulders, elbows and necks.  Where someone carries out repetitive tasks for long periods and without sufficient time for rest, they may suffer an RSI.  Currently, RSI injuries are keeping thousands of employees off work for long periods at a cost of millions of pounds to businesses.

If you have a desk job and are sat in front of a computer all day, it would come as no surprise to us here at The Injury Lawyers to learn that you have suffered an RSI.  If you are currently in a job which has repetitive tasks, for instance working at a checkout, carrying out the same manual handling tasks over and over again, serving on a production line, or carrying out data entry tasks, and you are also in pain, this may be down to an RSI.  It is therefore important to consider whether you have any of the following symptoms – if you do, get yourself seen by your doctor and seek the advice of a professional injury lawyer who will be able to advise you as to whether you are entitled to compensation:

  • Is there tenderness in your muscles?
  • Are you unable to go about your normal business without being in pain?
  • Do you suffer cramps on a regular basis?
  • Are you in pain even when you are resting?
  • Does a particular part of your body ache, feel numb or tingle?

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February 02, 2011

Seat Belts

The roads today are busier than ever.  Most people have a car and a lot of families have two or more cars.  Not only are there more cars on the road today, but people are also much busier.  There are always places to go, and people to see; the rush hour in the morning going to work and the rush hour coming home, the school runs and the runs to the shops. People are rushing around, driving faster, with more things on their mind and therefore driving more carelessly.  It is therefore no surprise that road traffic accidents are on the increase.

If you have been involved in a road traffic accident and it was not your fault then you may be entitled to compensation.  However, if you were not wearing your seatbelt during the accident then your compensation can be reduced by up to 25%.  This is due to a legal term known as Contributory Negligence, whereby the court may deem that your injury symptoms may not have been as serious if you had been wearing a seat belt.

 The laws regarding wearing seat belts are simple for individuals over the age of 14 – the law being that all must wear a seat belt.  However, for children below this age they can be more complicated.  This is due to the fact that it depends on the child’s height as to whether an adult seat belt or child restraint should be used.  More information regarding this can be found at http://www.childcarseats.org.uk/index.htm.
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February 02, 2011

Workplace Accidents

There are all sorts of weird and wonderful ways we can end up injuring ourselves – but there are also a lot of ways we can end up injured in an accident that was completely foreseeable! Employers have an important duty of care to ensure that their employees are safe and free from any hazard whilst at work. This goes down to the premises being safe, to the machinery being safe, and personal protective equipment being provided.

Having safe equipment and being provided with the right personal protective equipment(PPE) are two of the most important regulations an employer must adhere to. After all, the requirement for equipment is normally in place to prevent an obvious and unavoidable hazard in the work place. You wear hard hats on a building site, masks when using a welder, gloves when handling hot or dangerous liquids / chemicals – the regulations and the legislation in place are clear.

Equipment – In General

Equipment should be regularly inspected and maintained to ensure it remains safe and does not pose a hazard to those using it. Machinery and plant equipment should have sufficient guards to prevent accidental access to dangerous parts, and should always have a plentiful amount of emergency stop buttons within easy reach of your working position.
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February 02, 2011

NHS worker seeks £200,000 compensation for shoulder injury

According to the Scarborough Evening News a NHS worker is seeking compensation of around £200,000 because of a shoulder injury she says she has sustained whilst at work.  The Scarborough Evening News reports that Julia Graham has had to have two operations on her shoulder because she is being overworked and wants compensation because she can no longer carry out her role as an ultrasonographer.  It would also appear that the hospital in which Mrs Graham works has admitted liability, but also alleges contributory negligence.

Employers owe their employees a duty of care which entails that they ensure that their employees’ health and safety needs are met.  According to Mrs Graham the NHS failed in this duty because they did not carry out the appropriate risk assessments, doubled her work load, and ignored her injury complaints.  It is alleged that this failure has meant that Mrs Graham has seen her shoulder problems worsen.  This is due to the fact that a lot of the time, Mrs. Graham is required to undergo tasks like scanning patients and various administrative duties which involved a lot of body movement.  The tasks required her to frequently lean and turn and to repetitively use her left hand.  This was also coupled by the fact that her work was high pressure and meant she had to stay several hours after her designated time to leave work.  As such, problems in her neck and shoulder began.  Mrs Graham has since had physiotherapy, acupuncture, and an operation, but says this has done little to help her situation.

The Scarborough Evening News says that the NHS, despite admitting liability, will suggest that Mrs Graham contributed to her injuries.  That is, that Mrs Graham was experienced enough to be in charge of her tasks, but failed to help herself by not taking account of the risks and carrying on with the tasks she was given.  This demonstrates the importance of seeking the advice of a professional injury lawyer.  If you have been involved in an accident at work or have sustained an injury whilst at work, what would you do if your employer said you were partly to blame for your accident?  It is one thing to deny this allegation, but you need to give reasons to support such a denial.  This is one of the reasons why you should seek the advice of a quality injury lawyer.  They can make arguments on your behalf as to why you are not in any way to blame for your injuries.  Without this advice you may be awarded less compensation than you deserve.

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