Council Claims: The Perils of the Pothole
After a tough winter our highways have been left in somewhat of a state. The freezing temperatures have meant that potholes are now a common feature on our roads and pavements. Potholes can be particularly dangerous to road users as some of you may have found out. Damaging you vehicle is bad enough, but suffering an injury yourself is far worse. Despite local authorities attempting to deal with the problems caused by potholes, at The Injury Lawyers we are only too aware of the pitfalls of those remaining potholes. It therefore came as no surprise to learn that a young cyclist suffered a broken jaw as a result of cycling into a pothole.
This is the story of 17 year old Miss Wilkinson who has recently been awarded over £7,000 in compensation having broken her jaw cycling home after work in 2006. The York Press reports that Miss Wilkinson went flying head over heels over her handlebars after her bicycle wheel went down into a pothole. In a subsequent court case, the judge found that York Council was liable for her injuries – that is her jaw broken in two places and the trauma resulting from the accident. This was because York Council, who are responsible for their highways, had failed to carry out their duty to properly maintain their roads and paths.
Your local council has a duty to ensure the safety of its highway users. In other words, it must maintain its roads so that they are safe to use. As the judge in this case said himself – ‘The obligation to maintain the highway is a fundamental obligation of very long standing’. So how can the council do this? Well, by carrying out regular inspections of their highways. For example, at least every 6 months, or better still, every 3 months. Then, should any faults be identified, urgent action be taken to fix them.
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We all love going on an evening out, whether it be going to the pub after work, going for a dance in a night club, or at a bar for a chat with friends. We get all dressed up and excited about the forthcoming evenings events. It is the farthest thing from our minds that we may have an accident that was not our fault causing us an injury.
Well, we at The Injury Lawyers have many clients come to us after having an injury on a night out, and so in view of this we write this blog to educate and inform. Many of our clients think that they cannot claim for their accident as they had consumed alcohol on the evening in question; well, our answer to that would be that we assess your claim free of charge so there is nothing to lose in trying. Depending on the circumstances, consumption of alcohol does not mean you cannot bring a claim.
There are many possible hazards whilst on a night out which could cause you an injury. These include spillages on the floor causing a slip hazard, broken glass on the floor which could cause lacerations to the foot, or exacerbate a fall injury, or even if an injury is caused through the club/bar/pub being overcrowded. If someone slips on a spillage and pulls you down with them you may also be able to bring a claim.
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We all love to go on holiday. It may be for the sunshine, the change of scenery and culture, or simply just to spend quality time with your loved ones. However, the last thing on your mind whilst you are filled with excitement is that you will fall victim to an accident that was not your fault.
If the unthinkable happens to you and you suffer an injury from an accident whilst on holiday that was not your fault, you may have a claim for compensation through your holiday package provider if the accident is in some way linked to the service you have bought. For example, if your accident is in the hotel that your package provider organised for you, you may be able to claim through the provider rather than against the hotel (due to differences in the law, going through the provider is the feasible option).
Now, one of the differences about claiming for an accident that happened abroad through a package provider is that the defendant is allowed a longer amount of time within which to investigate the matter before they admit or deny fault. Now this can be seen as an obstacle or you can think – well, is it better getting a compensation pay out a little later rather than never at all?
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People are injured all the time; there are many companies wanting their business. This makes it difficult for the average person, especially after having gone through what may have been a traumatic accident, to make an educated decision on which law firm to go with.
In view of the above we at The Injury Lawyers compile these blogs to inform and educate accident victims to help to make this choice as stress free as possible and with a good outcome – that outcome being getting the best law firm to deal with your claim.
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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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Motorcycle Accident Claims Specialists
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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Product / Service Compensation Claims
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.
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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