Supermarkets tend to receive much praise but also much criticism. People tend to praise the supermarkets for their range of products and choice, the number of discounts, and also the fact that you can get everything they need under one roof. However, there are always the critics – with supermarkets, their comments can be anything from the length of the queues to taking away trade away from small, independent businesses. Whatever your thoughts on supermarkets, I can anticipate it is the last thing on your mind that you will have an accident in one that was not your fault.
Supermarkets, like everywhere else, have a duty of care to their customers. They have a duty to, as far as is reasonably possible, to minimise risks to customers’ health and safety. In doing so they must also abide by strict health and safety guidelines.
There are many potential risks in a supermarket – risks that have become real life accidents to many clients here at The Injury lawyers. These risks include slipping on a spillage that was negligently left uncleaned and unattended, tripping over an item left in the walkway of a shopping aisle, or having an item fall from a poorly stacked shelf – all causing you injury.
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Many clients that approach The Injury Lawyers know that they may be entitled to compensation. This may be due to a heightened exposure for personal injury claiming through advertisements and marketing ploys. This being said, many clients do not know the time scales and processes involved in a personal injury claim, and many are reluctant to begin a claim without this understanding. This blog, therefore, aims to set out a brief overview of the system.
Many of the clients that have claims at The Injury Lawyers do so under the Pre-action Protocol for Personal Injury. This protocol dictates how many types of personal injury claims should be dealt with. In order to comply with this protocol, a Letter of Claim should be produced by your lawyer – this sets out all the circumstance of your accident, and the negligence involved on the part of the Defendant. Once this letter has been sent to the other side, they have 21 days to acknowledge receipt of the Letter of Claim. The other side then have a further 3 months in which to investigate the claim. In many cases, these investigations are carried out by the Defendant’s insurers or solicitors. Once their investigations are complete within the 3 month time period, they should respond regarding a decision on liability. Liability means ‘fault’ – so they either admit or deny fault.
If fault is admitted then your lawyers should proceed with gaining medical evidence for your injuries, which may involve you being medically examined – this can usually be organised at a location close to your home and at a time and date convenient for you. Your lawyers may also start to gather losses information from you – for example, if you have you suffered loss of earnings, or paid out for treatment costs as a result of your accident. This information allows your lawyers to put a value on your claim for potential offers to be made once they are disclosed to the other side.
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This is a common question I am asked by new clients I have provided advice to after they have confirmed they are happy for us to deal with their claims. In all honesty, it’s a difficult question to answer.
There is somewhat of a misconception amongst people that all claims go to court. This isn’t the case – in fact, most claims don’t get anywhere near court. So, never be put off from claiming because you are worried about having to stand up in court and give evidence in front of a judge and a jury.
Is it Likely to go to Court?
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With busier roads and people having busier lives, it seems that maybe the necessary care and attention needed to travel safely is not always being utilised – this can easily lead to road traffic accidents. At The Injury Lawyers, personal injury claims stemming from road traffic accidents are one of our more common types of claims. An increase in claims has led there to be a change in the system that deals with road traffic accidents that occurred after 30th April 2010 and are between a value of £1,000 and £10,000. This system makes the process of claiming faster, simpler, and more stream-lined – this can only be good news for you as it means you get answers, and your compensation payout, quicker.
What to do after a road traffic accident?
We realise that it can be difficult after having suffered the trauma of an accident to have your wits about you enough to remember to do certain things. In case you do, here are a few things that may strengthen a personal injury claim:
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How long’s a piece of string?
The answer is actually twice the length from the middle (for the string); but the answer as to how long your claim will take is actually a very difficult question to answer.
I appreciate that you probably want a better response – well, I can certainly give you some guidelines that should provide you with an idea as to how long your claim may take; it’s all dependant on a number of factors.
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Whiplash to many can be a condition which is overlooked or undermined, as it is not so plain to see as a broken bone or a cut. At The Injury Lawyers, our view is quite the opposite as we have first hand experience through many of our clients who report the devastation it has had on their personal, domestic, and professional lives.
Symptoms and Causes of Whiplash
Whiplash is a common injury we see here at The Injury Lawyers – normally resulting from road traffic accidents. They can, however, occur from a whole range of accidents, such as falls from a height, or slips on a wet floor. Basically, anything which can cause a sudden jolt to your head which in turn causes your neck to move beyond its normal range could cause you to have a whiplash injury.
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It is our belief at The Injury Lawyers that every single one of our clients should keep every single penny of their compensation. That’s right – if you instruct us to deal with your claim for compensation, we will not take anything away from the compensation you obtain. You genuinely get to keep 100% of your compensation. This is only right after all – you obtain compensation to place you in the position you would have been in had the accident not have occurred on a monetary scale; so, for us to take any of your compensation away, we would be leaving you undercompensated. Don’t believe that we won’t charge you? No problem – we specifically write in our agreement with you that we will not charge you a penny whatsoever. It’s there in black and white!
Under our Conditional Fee Agreement, or ‘No Win, No Fee’ agreement, or actually, in our case, our genuine No Win, No Fee agreement, we limit our legal fees so that we cannot claim our costs back from you if we fail to recover them all from the other side. We will fund your entire claim and not charge you at all – it really is that simple. So: how do we do it?
We only ever take on your claim if we believe it will be successful. When we win your claim, we are able to recover our costs back from the other side. If we want to get paid, we have to win your case so we can recover our costs. We are also insured so that in the unlikely event that your claim is unsuccessful, we do not have to pursue you for our costs. For The Injury Lawyers, that would be unpalatable.
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Motorcycles, as well as vehicles such as mopeds and bicycles, are some of the more vulnerable users of our roads. One of the reasons for this is that they may not be so plain to see as a car or van. This is one of the reasons for advertisement campaigns such as the one on television not long ago. This advert showed a man pulling out a minor road onto a major road he; looked both ways and pulled out – however, he did not see the motorcycle come round the corner, thus leading to disastrous consequences.
Early Financial Assistance
Statistics show it is males that are between the ages of 30-39 that are most likely to ride motorcycles. It is this group of people who may be coming up to the peak of their careers, and may have young families to support. This is all the more reason to begin a claim as soon as possible after the accident. Once a claim is commenced, it starts the clock for the Defendant to respond with a decision as to liability (fault) on a claim. It is once liability is admitted that applications can be made for interim payments. Interim payments are payments which can be made to a Claimant before the conclusion of the case. These payments are then deducted from the final settlement figure. These payments can provide vital financial support before your claim can settle – especially when the Claimant is unable to go to work and is not being paid as a result.
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I have read in the Birmingham Mail today that an elderly pensioner Ms Tyler, has received £25,000 in compensation having been injured by a bus. It is reported that Ms Tyler, 82, got off at a bus at a bus stop in the city centre when the bus pulled away, not realising she had yet to get fully off the bus. The bus driver braked; however, Ms Tyler suffered severe injuries to her head and sustained a neurological injury as a result of being thrown to the floor. Ms Tyler not only suffered these awful injuries but was homebound for approximately six months and still has problems with her mobility.
As Ms Tyler said herself, ‘The accident really knocked me for six…I now have trouble getting around my own home and had to make adaptations such as a special chair for me to get in and out of and aids to help me get in and out of the bath…I was really sprightly for my age before the accident and didn’t need any of these mobility aids. I’d still do all my own decorating and cleaning, and would be able to pop and see my family by myself…Now I have to rely on the Ring and Ride service to get me from place to place as even the short walk to my normal bus stop is too much for me.’
As you can see for yourself, Ms Tyler’s accident has had a major impact on her life. The £25,000 she has received in compensation will take this into account. This is because it is not just purely injuries that are sustained through an accident that you are able to recover by way of compensation. If you have suffered any loss subsequent to your accident, it may well be that you are entitled to make a claim to receive compensation that can go someway in putting you back in the position you would have been in had the accident not have occurred. For example, in this case, Ms Tyler’s compensation would have included any financial losses she has had in the form of help around the house and from travel fees.
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For many, being involved in a road traffic accident is bad enough if you have suffered an injury as well as damage to your car; plus it is just a general hassle having to sort everything out! But for people who have been hit by an uninsured or untraced car, the frustration felt can be made all the more worse. The majority of us pay our car insurance on time and ensure all renewals are up to date – we would also take responsibility for our actions by stopping if we were responsible for a road accident – this is why it can be so frustrating when a small minority do not.
Hopefully, this blog will give you some light at the end of the tunnel. If you have been hit by an uninsured or untraced driver, and you have suffered an injury as a consequence, you may still have a claim through the Motor Insurers Bureau – or MIB as they are more informally known.
The MIB was formed in 1946 and is funded by motor insurance companies. Basically, it is funded through a proportion of our motor insurance premium which the MIB calculate to be around £15 – £30 per policy. We deal with claims through the MIB, handling your claim from start to finish. We may not only handle your claim for compensation for your injuries, but also, if needs be, we can claim for any vehicle repairs that are needed as a result of your accident as well.
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