New Year and New Claims!

New Year and New Claims!

I hope everybody had a very merry Christmas and a happy new year! And I hope you all took the advice to stay safe over the festive period; particularly with the seemingly continuing severe weather many parts of the UK are still experiencing.

The dream of a white Christmas came true for many this year, which was a welcome sight despite the severe weather we have faced over the last month. On a similar note, according to one amazing BBC report, one group of new year celebrators were trapped in the UK’s highest pub (statistically, above sea level) for a further two nights after they were snowed in on New Years Eve! (source).

And on the subject again of the weather, news reports are advising that the weather warnings are continuing and we are possibly set to see some bad weather well in to January, with the warnings to motorists still being issued as temperatures could be set to drop as low as 15 degrees Celsius (source). According to Sky News reports, seven people were fatally injured as a result of the horrific weather in the UK in December. So the advice to stay safe and take extra care on the roads is still required!

In my last article I discussed the difficulties with claims where severe weather is a contributory factor – which is why it is important to get an expert on your side; a solicitor who has the experience and knowledge to represent you for your claim, and one who will fight the hardest for the compensation you are entitled to.

But not all claims are successful – an example in recent news is the claims against the music giant Apple, where the claimants have alleged that the iPod products have been responsible for hearing loss (source). The iPod’s sound allows users to go to the ‘unsafe’ sound level of 115 decibels.  The court in the latest appeal remained in the Apple’s favour, stating that “the plaintiffs simply do not plead facts showing that hearing loss from iPod use is actual or imminent”.

So what can an expert independent personal injury solicitor do to secure the success of your claim for compensation? Well, it is still important to note that not all claims are successful – it is the duty of the claimant to prove that their injuries were caused as a result of the defendant’s negligence, and that the accident or incident was foreseeable. Here are a few factors that should be taken in to account when choosing the right solicitor to represent you:

• Personal Injury Expert: choose a solicitor who deals only with personal injury. Why? – because a solicitor dealing with personal injury only has more in depth knowledge of how to run claims more efficiently and successfully, and their focus remains on personal injury only. You are therefore in the best capable hands!
• Independent: choose an independent solicitor; one who is not tied to any insurance company or claims management company. An independent solicitor has but one goal – to ensure your claim is brought to a successful conclusion!
• Experienced: only an experienced solicitor with years of handling successful claims for personal injury has the right knowledge and history of successful cases to know how to handle your claim more efficiently and with the most successful conclusion.
• Real No Win No Fee and 100% Compensation: Ensure that any solicitor you wish to instruct offers the full “no win no fee” – I.e. if your claim is not successful, you are NOT charged a penny for their work. Make sure the solicitor promises in their agreement that you are guaranteed to get 100% of any compensation awarded, and that all legal costs will be treated as a separate issue to your compensation. In the majority of cases you should never have to pay anything for your representation!
• Honest: Yes, there are some solicitors and companies who would prefer to deceive you for their own ends than give you the honest advice. Look around and see who gives you the honest advice. In fact, there is a story in the BBC news just recently of a solicitors firm in Stockport under investigation by the Solicitors Regulatory Authority (the body regulating all good solicitors) for dishonesty (source). The Legal Complaints services is reportedly handling 116 claims of people using legal services from Wolstenholmes who have claimed to have lost money with the firm. The SRA’s intervention is to protect the public, and as of yet no certain conclusions have been made as to the validity of the claims.

So make sure to get an expert on your side; a solicitor dedicated to representing you to the highest standard! A solicitor with your best needs and interests at heart!