If you are ever unfortunate enough to suffer an injury which you believe is a direct result of someone else’s negligence, you have every chance of claiming compensation by making a personal injury claim; and we at The Injury Lawyers can assist you in this to ensure that the process is as hassle free and straightforward as possible, allowing you the time and opportunity to focus your attentions on the most important priority – your recovery.

The protocol surrounding most personal injury claims is as follows –

Upon receiving details of your claim, we will send a letter of claim to the defendants which outlines the details of your accident and injuries, and how we believe them to be liable. From here we give them a period of 21 days to respond to our letter, informing us that they have acknowledged our claim and have forwarded the details over to their representing insurers.
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If you ever find yourself injured in an accident as a consequence of someone’s negligence, leaving you distressed and at harm either from a physical or psychological injury, it is only justifiable to ensure that you are well compensated as a result of this injury for your pain suffering, and loss of amenity.

With this in mind then, it is important to understand that it is not possible to seek compensation directly from an individual who caused the accident as, from a financial perspective, they would certainly struggle to compensate you properly. Therefore the preferable route would be to seek damages against their employer as chances are they will posses adequate insurance for you to claim from.

Having said this, in order for a case of vicarious liability to be successfully brought a distinction must be made between what qualifies an individual to being under a ‘contract of employment’ and under a ‘contract for services’.
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Personal injury and how to claim may seem like a daunting prospect to grasp at first, particularly when riddled with bewildering legal jargon and terminology.

It will come as no surprise therefore when I tell you that individuals can become quite easily overwhelmed and disheartened with the procedure, and when initially paired with the substantially traumatising experience of the accident itself, made to feel angry, alienated and cheated. But fear not! Help is at hand, in the shape of our genuine No win, No fee, agreement, shouldering the burden and pressures which accompany claiming compensation, giving you the time and priority needed to focus your attentions on more important issues, none so more than your speedy recovery.
 
After information regarding a potential claim has been received, our primary action is the creation of a letter of claim which states the critical information involved in the accident. This is then sent to the third party defendant for analyse.
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Believe it or not the amount of accident which arise on or about stairwells are consistently increasing with each passing year. In light of this it is important to understand then that if you are ever so unfortunate as to suffer an injury on a flight of stairs and you are adamant that the accident occurred as a direct result of another parties negligence, you may have every right to bring a successful claim and as such recover adequate compensation for your injuries.

It is imperative to understand that the nature surrounding potential avenues to claim under defected stairwells are numerous. Let’s take the workplace for a predominant example. Under these circumstances the employer of any business which hires employees are under a direct legal obligation to ensure that any staircases within their establishment are compliant with all the necessary health and safety checks to ensure that they are adequately protected from any potential legal repercussion.

Such health and safety include providing an assurance that all staircases well lighted particularly in areas which are mostly susceptible to visual difficulty in addition to making sure that appropriate handrails are provided for ease of climbing and support. It is also worth mentioning that employers must carry out consistent checks to ensure that the stairwells are always safe for usage, it is not enough to test them once and believe that that is enough.
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It is no exaggeration when I pronounce that asbestos can quite rightly be defined as a silent killer. Thousands of people in the UK alone suffer from an asbestos related disease of some form or another – and what is most poignant is that, unlike other life threatening diseases which may more often than not be brought about by an hereditary consequence, in most circumstances, diseases which are either directly as a result of asbestos or where asbestos has acted as a catalyst in the diseases growing can be prevented by carrying out relatively simple safety precautions and exercises.

In light of this then, it is not unreasonable to say that, should you be the victim of an asbestos related disease as a result of negligent exposure to it by another party, you are well within your rights to claim compensation to cover any loss or injury.

But when can you claim?
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It is a sad fact that on too many occasions, when an individual has an accident in a building or office which is open to the public, more often than not the natural reaction is one of uncontrollable panic and embarrassment – it is not enough that you have slipped over on the floor, but when it’s in front of everyone as well! It is important to understand however that it is at this point where you are at your most vulnerable; as such it is not uncommon for people to just want to forget about the situation and move on as quickly as possible.

In light of this, I cannot stress enough that this is the wrong decision to take, if you are ever unfortunate enough to suffer an injury either at work or in a public building as a result of slipping on some poorly maintained surface or flooring which is a direct result of the occupier or employers negligence. You may very well be able to claim for personal injury and your losses which, although may never be able to fully make up for the embarrassment a fall brings, will certainly hope to bring a quiet sense of justice and satisfaction for you.

It is important to realise that establishments such as supermarkets and public houses are all under a legal obligation to ensure for their patrons that their time spent in their establishment is not only a pleasant one, but also one that is safe and without negative consequence. Because of this, it is considered a legal requirement that regular inspections regarding the entirety of the establishment are carried out as and when required, providing assurances that any potential defects or hazards are dealt with as swiftly and efficiently as possible to ensure that visitor accidents are always kept to a minimum; therefore protecting the appropriate occupiers from any legal repercussions.
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A common question which is always asked here at The Injury Lawyers is ‘if at the time of an accident you are a passenger in the vehicle and not the actual driver, does this affect your chances to bring a successful claim for compensation’?

The answer to this, as im sure you’ll be pleased to know, is no- not in the slightest.

If you are a passenger in a car which has been involved in an accident and you fully believe the consequences are down to someone else negligence, you have every right to seek compensation. In fact, as a passenger, it’s likely you have a definite successful claim. It would be very unlikely that as a passenger you could have been to blame for the accident!
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It is no exaggeration when I tell you that injuries caused by the incorrect lifting of objects, whether it be in the course of your employment or indeed otherwise, are some of the most common and worryingly easy to get.

It is important to understand that it doesn’t matter whether you are the utmost prime condition, or if you are like me, after somewhat overindulging through Christmas, you’re feeling a little snug around the midriff – lifting injuries are not dictated by how fit you are, it is all do to with how you position yourself before and during the process of lifting, and also, which is similarly important, how you place the object down after moving can also have identical repercussions on your back and spine if not carried out correctly.

With this in mind then, and if you have ever been asked to move around objects at work and have done so without ever really giving it a second thought (I know I have before), it is worth understanding that from your employers perspective it is a legal obligation to ensure that, before any carrying of any kind is carried out, a course of sufficient and reasonable training and practice is compulsory to show all employees how to lift in a way which ensures a good centre of gravity over the object at all times, and covers all bases and precautions which must be undertaken before any lifting is attempted.
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I don’t think I am making any ground shaking revelations when I tell you that Christmas is quite possibly the most stressful period of the year. There just doesn’t seem to be enough hours in the day! We appear to spend most of our time between work and trawling through endless shops looking for gifts for our family members and friends. With the weather worsening over the colder seasons, road accidents increase; and with the increase in road accidents comes the increase in people needing to make claims for whiplash over the festive period. Suffering from whiplash is a further stress during this busy time!

So, what is it that causes whiplash?

Whiplash occurs as a result of being jolted forward from the impact; however as you are wearing your seatbelt, the jolt from the impact in most circumstances is on the neck. The full extent of your whiplash injuries does often not become apparent until sometime after the accident.
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Research studies have shown that in the UK alone approximately 1000 deaths occur as a result of falling down a flight of stairs. This is a scary statistic! In light of this it will come as no surprise then that, as an injury on stairs is worryingly easy and common to do, the legal responsibilities are quite rightly significant to ensure that any person or company that is responsible for maintaining a stairway must do so to a high standard to ensure no one is ever hurt through the use of stairs.

It is important to realise that those who fit or manufacture stairways are under a legal obligation to ensure that their stairs are free from any defect or hazard that could cause a person an injury; say, a bump, or a protrusion. As well as preventing defects, they must ensure that each step is of the correct height and width for its intended use. Handrails and appropriate support must be in place for the obvious reasons.

In addition to designers and manufacturers, it is similarly important to understand that employers are under a legal obligation to ensure that the working environment is safe for their employees, keeping accidents on and around a staircase to a minimum at all times.
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