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Some of you reading this blog may have heard of the term ‘Third Party Capture’. For those of you who have not, or are unsure what this term means exactly, here is a brief explanation.
Third Party Capture is when the Insurer of the person with whom you have had an accident investigates and tries to settle your claim for compensation directly with you. That is, the Insurer settles your claim solely with you and does not afford you the opportunity to obtain independent legal advice. So, for example, the Insurer will provide you with compensation direct. Right, so what’s the problem with that? Well, quite simply, the likelihood is that you will end up undercompensated. You will not receive the full compensation that you deserve. You have not had legal advice and may therefore not be aware of what your claim for compensation will be worth. It may be that your claim is worth £10,000 but the Insurer has attempted to settle your claim for £5,000 – because you have not had legal advice, you think £5,000 sounds like a lot of money and agree to settle your claim. However, the reality is that in effect you have lost out on £5,000.00.
The only positive thing that I can possibly think of that comes from Third Party Capture is that your claim will be settled faster than it would be with legal intervention. But is this few weeks or few months really worth £5,000 in lost compensation? I think many would agree that this is not the case. At The Injury Lawyers we offer free legal advice and take your claim on a genuine no win no fee agreement. That means that you never pay us for our services; we recover our fees from the other side. It is therefore a far better idea to get in touch with a quality injury lawyer like us at The Injury Lawyers to fight your corner and ensure that you receive the maximum compensation you deserve. It’s a free, fast, and reliable way to ensure that you get what you deserve. Please remember that the other side’s insurers really only have one thing in mind, and that is to make sure they lose the least amount of money possible.
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Hand-Arm Vibration Syndrome (‘HAVS’), also known as Vibration White Finger, is an industrial disease which has been diagnosed in thousands of people. It occurs where someone is exposed to lots of vibrations in their hands and arms. As such, those affected tend to feel numbness in their fingers and may even witness their fingers turn white. Indeed, should the condition get worse, they may lose feeling in the whole of their hand and the hand my turn completely white. In the worst case scenarios the sufferer may actually lose their fingers.
So when does this condition occur? If you are a manual labourer for example and handle vibrating hand tools, such as drills and chainsaws, on a regular basis or prolonged period, you may well suffer from HAVS. If you use vibrating hand tools regularly and you believe you may be suffering from HAVS, it is important that you seek medical advice. It is then key that you seek the advice of a professional, quality injury lawyer who can advise you as to whether you may be entitled to make a claim for compensation. By way of example, back in 1997 seven coal miners who regularly used vibrating tools obtained over £125,000 in compensation after being diagnosed with vibration white finger. Moreover, since 2004 the Government has paid out over £100m to ex-coalminers who have brought claims having suffered from HAVS.
Why might you have a claim for compensation if you have been diagnosed with HAVS? Simply because by way of The Control of Vibration at Work Regulations 2005 your employer must limit or protect your exposure to vibrations. What does this mean? It means that you employer has a duty of care towards you to ensure that you are not over-exposed to vibrations whilst you work. It may be that you are only allowed to use vibrating tools for a certain period of time and that you are better trained in how to use these tools for example.
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Everyone enjoys going on a night out. It may be for a meal with your loved one, for a good dance with your friends, or for a few after work drinks down the pub. Whatever your night out, you would hope that you have a good time, relax, socialise and let your hair down. The furthest thought from your mind is that you may have an accident causing an injury.
There are many possible injuries which can be caused on a night out. If we take the example of a night club – there may be spillages on the floor causing a slip hazard, or even items such as broken glass on the floor which could compound a fall injury making it worse, or could cause a laceration to the foot. Even if someone else slips on a spillage which has negligently been left untreated, and pulls you down with them, you may still have a claim for compensation.
Like anywhere else, pubs, bars, nightclubs and restaurants have to abide by strict Health and Safety Regulations in order to keep their customers safe from harm. You may think that the accident was your fault as you had consumed too much alcohol – but before you come to this conclusion you have nothing to lose by calling a solicitor who can advise you, free of charge, whether you have a claim.
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How can a child bring a claim on their own? Can someone deal with my claim for me? These are just a couple of the questions we face at The injury Lawyers on a daily basis. So what are the answers? Well, as you might expect in the case of a child, they are unable to undertake legal proceedings of their own accord. After all, the child may be three, four or five years old, and could not possibly be expected to do so. The law recognises this and understands that those under the age of 18 do not have the ‘legal capacity’ to bring claims on their own. It is therefore necessary where the person who has sustained an injury is under the age of 18 that they have what is called a ‘Litigation Friend’. In other words a responsible adult who can act on their behalf. In the case of children, this will usually be the child’s parent or guardian. Equally, this could be a social worker or another adult. Importantly, this is also applicable to those who, by way of the Mental Capacity Act 2005, are deemed to be a ‘protected party’ and would similarly require a Litigation Friend.
Okay, but what if I am an adult myself, but I am frequently in and out of hospital as a result of my injuries and therefore cannot frequently deal with my claim? It is not that you do not wish to deal with your claim yourself; it is simply that it is not practicable to do so. Or maybe you are elderly or feel too distressed by your accident and do not wish to deal with your claim yourself. This is not a problem either. Like a child, you can nominate a Litigation Friend, or simply have another person with the written authority to act on your behalf.
At The Injury Lawyers, we always advise that those nominated to be a Claimant’s Litigation Friend should have the very best interests of the Claimant at heart. The Litigation Friend must be someone who the Claimant can put their wholehearted trust in. They must be reliable and able to address all issues raised, just as you would. Naturally, the Litigation Friend must not have a conflict of interest with the Claimant.
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Today’s roads are busier than ever. We may sit in traffic jams in rush hour going to work, in rush hour coming home from work, and even going to the shops on a lazy Saturday afternoon. It seems we are always going the wrong way against the traffic!
It is the state of the roads being so busy which means road traffic accidents are simply becoming more common. It may be a case of someone rushing and speeding which causes a collision, or it may be a matter of someone just not paying the necessary care and attention to the road, causing them to run into the back of your car. Whatever the reason or type of accident, it may cause you to have an injury known as whiplash.
Whiplash can occur as a result of a car accident, or even from falling from a height. It is an extremely common injury. It can be mild in nature with symptoms being less acute for a short period of time, or it can be more serious with extreme pain for the sufferer, maybe lasting years.
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At The Injury Lawyers we work on a no win no fee basis. You may hear this term a lot adverts whilst watching television, marketing people stopping you on the street, or whilst completing your research on which solicitor to instruct for your claim.
Well, it may sound simple and straight forward, but in today’s day and age, knowledge is power. This is why we at The Injury Lawyers want to inform you of all the in’s and out’s of the ‘no win, no fee’ agreement.
It is our belief and commitment to ensure that our clients receive 100% of their compensation. This compensation a claimant receives is meant to put them back in the position they would have been in before the accident, plus an amount for the pain, suffering, and inconvenience of the injury. If we took a proportion of this compensation for our own costs, then this would not be putting you, the claimant, back in that position. Therefore, if you win your claim, you get 100% of your compensation and do not pay us a penny; and if you lose, you still do not pay us a penny for our time on your case.
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Repetitive Strain Injuries (‘RSI’)
When people hear of others getting injured at work, they tend to think of accidents occurring on a building site, accidents involving machinery, or maybe someone falling off a step ladder when putting items on shelves, for example. It may therefore surprise some of you to know that one of the most common injuries suffered by workers are Repetitive Strain Injuries, or ‘RSI’s’. What is meant by an RSI? Well, RSI is a broad term which relates to the pain people suffer when they overuse a certain part of their body. RSI affects different areas of your body, but these injuries most commonly occur in your wrists, arms, fingers, back, shoulders, elbows and necks. Where someone carries out repetitive tasks for long periods and without sufficient time for rest, they may suffer an RSI. Currently, RSI injuries are keeping thousands of employees off work for long periods at a cost of millions of pounds to businesses.
If you have a desk job and are sat in front of a computer all day, it would come as no surprise to us here at The Injury Lawyers to learn that you have suffered an RSI. If you are currently in a job which has repetitive tasks, for instance working at a checkout, carrying out the same manual handling tasks over and over again, serving on a production line, or carrying out data entry tasks, and you are also in pain, this may be down to an RSI. It is therefore important to consider whether you have any of the following symptoms – if you do, get yourself seen by your doctor and seek the advice of a professional injury lawyer who will be able to advise you as to whether you are entitled to compensation:
- Is there tenderness in your muscles?
- Are you unable to go about your normal business without being in pain?
- Do you suffer cramps on a regular basis?
- Are you in pain even when you are resting?
- Does a particular part of your body ache, feel numb or tingle?
The roads today are busier than ever. Most people have a car and a lot of families have two or more cars. Not only are there more cars on the road today, but people are also much busier. There are always places to go, and people to see; the rush hour in the morning going to work and the rush hour coming home, the school runs and the runs to the shops. People are rushing around, driving faster, with more things on their mind and therefore driving more carelessly. It is therefore no surprise that road traffic accidents are on the increase.
If you have been involved in a road traffic accident and it was not your fault then you may be entitled to compensation. However, if you were not wearing your seatbelt during the accident then your compensation can be reduced by up to 25%. This is due to a legal term known as Contributory Negligence, whereby the court may deem that your injury symptoms may not have been as serious if you had been wearing a seat belt.
The laws regarding wearing seat belts are simple for individuals over the age of 14 – the law being that all must wear a seat belt. However, for children below this age they can be more complicated. This is due to the fact that it depends on the child’s height as to whether an adult seat belt or child restraint should be used. More information regarding this can be found at http://www.childcarseats.org.uk/index.htm.
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NHS worker seeks £200,000 compensation for shoulder injury
According to the Scarborough Evening News a NHS worker is seeking compensation of around £200,000 because of a shoulder injury she says she has sustained whilst at work. The Scarborough Evening News reports that Julia Graham has had to have two operations on her shoulder because she is being overworked and wants compensation because she can no longer carry out her role as an ultrasonographer. It would also appear that the hospital in which Mrs Graham works has admitted liability, but also alleges contributory negligence.
Employers owe their employees a duty of care which entails that they ensure that their employees’ health and safety needs are met. According to Mrs Graham the NHS failed in this duty because they did not carry out the appropriate risk assessments, doubled her work load, and ignored her injury complaints. It is alleged that this failure has meant that Mrs Graham has seen her shoulder problems worsen. This is due to the fact that a lot of the time, Mrs. Graham is required to undergo tasks like scanning patients and various administrative duties which involved a lot of body movement. The tasks required her to frequently lean and turn and to repetitively use her left hand. This was also coupled by the fact that her work was high pressure and meant she had to stay several hours after her designated time to leave work. As such, problems in her neck and shoulder began. Mrs Graham has since had physiotherapy, acupuncture, and an operation, but says this has done little to help her situation.
The Scarborough Evening News says that the NHS, despite admitting liability, will suggest that Mrs Graham contributed to her injuries. That is, that Mrs Graham was experienced enough to be in charge of her tasks, but failed to help herself by not taking account of the risks and carrying on with the tasks she was given. This demonstrates the importance of seeking the advice of a professional injury lawyer. If you have been involved in an accident at work or have sustained an injury whilst at work, what would you do if your employer said you were partly to blame for your accident? It is one thing to deny this allegation, but you need to give reasons to support such a denial. This is one of the reasons why you should seek the advice of a quality injury lawyer. They can make arguments on your behalf as to why you are not in any way to blame for your injuries. Without this advice you may be awarded less compensation than you deserve.
One of the most frequent questions we get at The Injury Lawyers is as to whether you may be entitled to compensation. In other words, do you have a claim? Fortunately, we are quality injury lawyers with a vast amount of experience in this area we are able to provide you with the answer to this question in minutes (normally). All we need to know is the sort of accident you have been involved in and the injuries you have sustained. These are the most important pieces of information. If you have not been injured, you may not be able to make a claim. However, if you have suffered an injury, no matter how minor you may think it is, you could well have a claim and be entitled to compensation. It is also important that the injuries you have suffered were not entirely your fault. So, if you sustained an injury which is not your fault, you may deserve compensation and it is essential that you seek the advice of a professional injury lawyer who can immediately advise you.
It may now be a good idea to give you some examples of the work we undertake at The Injury Lawyers. It will show you the sort of claims that can be made and help you take your first steps in obtaining that compensation you may deserve.
- One of the most common accidents suffered by our clients are those involving road traffic accidents – in other words, car crashes and motorcycles accidents. If you have been unlucky enough to have been involved in one of these and it was not your fault, you can make a claim for compensation.