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If you have been hit by a speeding car, that alone is not necessarily enough to make the other side negligent – but if, on the other hand, they were speeding when doing something else which they should not have been doing, this may result in negligence. This may seem unclear but below will outline the ways in which this could happen.

Why isn’t speeding negligent behaviour?

High speed alone may not be enough evidence to establish that it was the cause of the accident, although it is likely to be a contributing factor.
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Firstly I would like to address the difference between 100% compensation and 100% No Win No Fee as unfortunately at the moment, a lot of firms are using the latter when they don’t actually offer the former. Confused? I’m not surprised!

100% No Win No Fee probably means that, should you lose the case, there will be no fees (as it says on the tin!) – but this doesn’t necessarily mean that you will receive 100% compensation should the claim be successful. 100% compensation on the other hand means that should the case be successful you would receive 100% of the settlement – a subtle difference on paper but a potentially a big difference in reality.
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Although a mundane task, picking up boxes at work can unfortunately result in injuries if the boxes have been over-filled, stacked incorrectly or there are obstacles in the way meaning that the relatively simple task of moving a box becomes rather more complex.

The main regulations that govern these types of claims are the Manual Handling Regulations 1992 as this type of task is normally classed as a manual handling activity. Under these regulations, the employer’s duty is to avoid manual handling as far as is reasonably practicable if there is a possibility of injury. If this cannot be done then they must reduce the risk of injury as far as is reasonably practicable (source).
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Missing grate covers can result in a lot of accidents and consequently a lot of injuries. Fortunately, in most cases you will be entitled to bring a claim for compensation for the injury you have suffered and any consequential losses arising from this. For example – if you suffer an injury such as a broken leg, you may not be able to work for a couple of months and therefore suffer a loss of earnings; this is something we would always strive to claim back for you.

Claims arising from missing grate covers may appear straightforward on the surface but unfortunately this isn’t particularly true, as they can be quite difficult.  There are two areas where these accidents commonly occur; on somebody’s property or property within the jurisdiction of the local highways authority.
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When working it is important to know how and what you are lifting. The Manual Handling Operations Regulations 1992 attempt to bring in set standards for how manual handling should be carried out at work. However, it does not set a level of weight which should not be lifted.

What the Regulations seek to achieve

It is not the weight of something which should solely be taken into consideration as it can be inaccurate when determining what can be lifted. There is instead a series of measures which should be taken by employers which are as follows:
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Petrol stations can be dangerous places for slip and trips and it is important to remember that the owners of the forecourts have a duty of care over your safety. This is provided by the Occupiers’ Liability Act 1957.

Common Accidents in Petrol Stations

Common accidents in petrol stations include slipping on the petrol/diesel spilled on the forecourt floor. It is possible to slip on any oil which cars have leaked which should have been cleaned. Trips are also common from the petrol pumps and any items which have been dropped or may be sticking out.
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One of the main causes of trips at work is uneven floor surfaces. Common examples of uneven floor surfaces include raised tiles or where the floor has not been levelled correctly. These can cause accidents with lasting injuries.

The Law

The Workplace (Health, Safety and Welfare) Regulations 1992, regulation 12(1) states that: ‘every floor in a workplace and the surface of every traffic route in a workplace shall be of a construction such that the floor or surface of the traffic route is suitable for the purpose for which it is used.’
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The procedure to follow when there has been a road traffic accident is known as the Pre-Action Protocol for low value injury claims. The protocol was brought in on the 30^th April 2010 and applies to claims that have a value of between £1,000 to £10,000 up until accidents that occur until 31^st July 2013; after which the upper limit was moved to £25,000. The protocol should not be used if the value of the claim is or more than £10,000.

The premise of the Protocol being introduced is that it will encourage more contact between parties, with information being fully exchanged between them and investigations into the claim can be carried out more efficiently.  The Pre-Action Protocol is the route for all parties to follow before taking a claim to court. The route of the Protocol is broken up into 3 clear stages
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Claims for compensation are split into two “heads” of damages; one is referred to as General Damages and the other Special Damages. The latter is any losses that you have suffered as a result of your claim such as loss of earnings, travel expenses, medication expenses and care and assistance.

This is calculated by your solicitor who compiles a schedule of loss to send to the defendant proving this head – this is why your representation may request wage slips and other documents to support your losses. General damages is the compensation awarded to you for the pain and suffering that has been caused by somebody else’s negligence; this is what this blog will focus on.
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Although I have never broken any bones myself, I imagine that it is not the most pleasant experience to go through and certainly not if you suffer from it because of someone else. Broken legs are one of the most common injuries especially in claims involving defective pavements and properties as when people fall, usually the legs can take a pretty nasty knock.  Broken legs may also be caused by being involved in a road traffic collision, depending on the position you were in when the collision occurred (straight legs for example) and of course the severity.

So how much can you claim for a broken leg?

Solicitors are not able to properly say at the beginning of the case the actual value of it, or what settlement figure you will receive, as it is simply too early. Settlement figures are based on the nature of your injury, how long you are suffering with it for, and the impact it has had on your life. More serious injuries are of course going to be worth more as you are suffering more and may have more losses such as extensive loss of earnings, travel expenses and care and assistance.
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