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September 11, 2013

Slipping Accidents Compensation

slip and trip accident claimsSlipping accidents are very common in everyday life. We come across slipping accidents in supermarkets/shops as well as slipping accidents in the workplace all the time. If you have slipped and sustained injury and it was not your fault, you may well be entitled to claim compensation.

This type of accident would come under something known as occupier’s liability (if it happened in a supermarket or shop for example). Basically the occupier of premises is under a duty to keep the premises reasonably safe and to keep people on the premises safe and free from harm. Under occupier’s liability, there is a different level of care depending if the person on the premises is legally there (i.e. a visitor to a supermarket) or if the person is there illegally (i.e. is a trespasser). It is surprising for many but trespassers (that is someone on the premises illegally) are still owed a duty of care. Trespassers may be able to claim if they sustain injury on the premises. However most people will of course be legal visitors, such as when you enter a supermarket or shop to browse or to buy shopping.
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By Editor
September 11, 2013

Cyclist Hit by a Car Claim – Injury Lawyers Advice

cyclist claimsHere at The Injury Lawyers we deal solely with personal injury claims. We aim to recover the compensation that you deserve. We have dealt with many claims on behalf of cyclists who have been injured following a collision with a car. Cyclists can be very vulnerable on the road, even when following the correct procedures and rules of the road.

Sometimes I think that cyclists are in a difficult situation.

First they are not supposed to cycle on the footpath as this would not be fair for pedestrians and could cause danger. Obviously children do often cycle on the footpath but when we are talking about cycling as a normal form of transport, cyclists are supposed to cycle on the road. Fortunately many roads do have designated cycle lanes and I believe this does make a significant difference.
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By Editor
September 10, 2013

Slipped on Fruit at Supermarket Compensation Claims

slips trips supermarket claimsWe don’t expect to sustain a personal injury when we are out in a supermarket doing our weekly (or daily for some) shop. The good news is that you are well protected if you do sustain injury that was not your fault in a supermarket. Basically the Occupiers Liability Act applies and this Act (or law) ensures that the supermarket in question owes you a duty of care when you are in the store doing your shopping. Indeed unlawful visitors are also owed a duty of care. However the level of care owed to lawful visitors is naturally greater than the level of care owed to unlawful visitors (known as trespassers).

To be an occupier the supermarket need not even own the store, it merely needs to have occupational control of it. Therefore the term occupier is quite wide in its definition. The level of care required is set out in Section 2 (2) of the Occupiers Liability Act 1957. This reads as follows:
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By Editor
September 09, 2013

What if the Defendant doesn’t respond to my claim?

how pre-action disclosure worksAs soon as we agree to act for you in your case, we will look to correspond with the Defendant, or more commonly with their insurers, solicitors or representatives. Different types of cases are run in different ways. For example all road traffic accidents are submitted through a designated online portal. Most general claims where the date of the accident occurred after 31st July 2013 are also through a portal. There are some set rules or guidelines (in law known as protocols) which we must adhere to. Equally there are set rules and guidelines (set out in the specific protocol) which the Defendant should adhere to. If the Defendant fails to adhere to the protocol then we can take the necessary action.
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By Editor
September 06, 2013

Work Health and Safety Rules on Building Sites

construction injury claimsBuilding sites can be dangerous if basic health and safety rules are not adhered to. The Health and Safety Executive government website provides a vast array of information containing basic rules and regulations. It is said that site organisation and management is of paramount importance. This does make sense as on building sites you can have individual workers, teams of workers and vehicles such as dump trucks. Traffic management is essential to ensure that individuals are safe when vehicles are moving and transporting materials close by on site.
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By Editor
September 03, 2013

Wet Floor Claims 100% Compensation

wet floor claimsWe have dealt with many claims for victims who have sustained injury following a slipping accident. It goes to prove that wet floors are dangerous and can lead to accidents and injuries. Most commonly these accidents occur in supermarkets, shops, or at work. Basically when you are out shopping in a supermarket or shop, you are on premises owned and occupied by others. This comes under the term “Occupiers Liability“. The occupier of premises (i.e. the supermarket or shop) owes a duty of care to those entering the shop. Indeed there is even a duty owed to unlawful visitors (known as trespassers). The duty owed to trespassers is less than the duty owed to lawful visitors (i.e. customers to the store).

When there is a spillage in a store it should be cleaned up as soon as possible. Until it is cleaned up a wet floor sign should be erected to warn of the danger. Even if a wet floor sign was present, this does not mean that you cannot claim. There are other things to consider, such as whether the wet floor sign was clearly visible to you. You may often see a member of staff stood close to the wet floor to highlight and warn of the danger.
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By Editor
August 30, 2013

Common Motorway Crashes

motorway accident claimsAccidents on a motorway (as opposed to other roads) are potentially more serious due to the speeds often involved. It is said that one minor mistake on a motorway can lead to death and serious injury. We deal with many claims for injured victims following accidents on motorways. The most common accidents include rear end shunts, concertina collisions and accidents due to vehicles changing lanes. A concertina collision is basically a multi-vehicle collision. This can be best illustrated by an example – Vehicle A collides into the rear of Vehicle B, which in turn causes Vehicle B to collide into the rear of Vehicle C, which in turn causes Vehicle C to collide into the rear of Vehicle D, etc. This is a concertina collision. Concertina collisions are more common on motorways due to the speed involved and also due to the lack of space often left between vehicles.

Accidents on motorways can often be avoided if road users follow the basic principles and rules. These include leaving a sufficient space between your vehicle and the vehicle in front, only changing lanes when you are sure you have the time and space to do so safely, travelling at the correct speed etc. Motorway crashes can often be fatal so these basic rules should always be adhered to.
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By Editor
August 30, 2013

Skidding Vehicle Accident Claims

skidding accidents happen more frequently in bad driving weatherWe deal with all types of personal injury claims and we can normally assess your claim for free. Skidding in a motor vehicle is a very dangerous thing to do. Skidding can cause accidents and therefore skidding should always be avoided whenever possible. There are many scenarios or conditions which could potentially cause your vehicle to skid. First, car maintenance is important. Motor vehicles require regular service and maintenance. This is why MOT’s are compulsory for most vehicles each year. A brand new car does not require an MOT until it is 3 years old. Once a vehicle is 3 years old it requires an MOT every year. This is essential to identify and fix any potential problems.

Driver behaviour is another area which we can consider. If you drive at excessive speed then you are more likely to lose control of your vehicle and skid. Equally if you take corners too fast then you are more likely to skid out of control, and potentially cause an accident. Skidding because of speed can easily be avoided; however we continue to see accidents involving speeding/skidding vehicles.
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By Editor
August 21, 2013

Suspension Trauma from a Cherry Picker

Cherry Picker AccidentsWe deal with all types of work accidents, including accidents due to machinery such as a cherry picker. A cherry picker is an elevated work platform. It is also often referred to as a boom lift, man lift or basket crane. To put it simply it is a vehicle with a rising platform, to allow work from height.  A small or mini cherry picker may be used in a warehouse, for example to get to stock from a top shelf. A larger cherry picker could be the type we see on the road (a truck like vehicle with a rising platform like a crane). The larger cherry pickers could be used to get on top of buildings for example.

It is said that cherry pickers were originally designed for use in orchards such as to assist in picking cherries or other fruits from trees. This is where the name “cherry picker” comes from. Nowadays a form of cherry picker is used to help engineers service telephone lines; you also often see them on fire engines. Other workers such as window cleaners often use a cherry picker when cleaning windows on a large multi-storey building.
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By Editor
August 20, 2013

What exactly is a Moderate Whiplash Injury?

moderate whiplash injuriesMost of us will have heard of a whiplash injury. It is a real injury which is compensatable, despite the bad stigma surrounding it. If you have ever sustained a whiplash type injury, whether it is to your neck, back or shoulders, you will be aware that it can be very painful. The real difficulty surrounding whiplash is that there is no clear medical diagnosis. If you go and see your GP following a road accident, perhaps due to experiencing back pain or neck pain, your GP will most probably say that you have whiplash. There is no clear or technical diagnosis of the condition and the result is that insurers often think injured victims are faking or exaggerating injury.

There are some symptoms associated with whiplash, such as pain and stiffness, a burning sensation, reduced range of movement etc. However it is not the same as a broken bone for example. If a broken bone is suspected an x-ray will be taken and this will inform the doctor whether or not there is a broken bone. So there is a clear way to identify some injuries but there is no clear way to identify or diagnose whiplash.
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By Editor
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