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Overtaking can sometimes be a cause of frustration, whether it is you overtaking another vehicle or another vehicle overtaking you. Overtaking can of course be dangerous if performed when it is not safe to do so. However we all probably accept that overtaking is necessary on occasion.

For example I recently visited the coast which involved travelling on a number of one lane “A” roads. It is normal for a long queue of traffic to form behind a slow moving vehicle such as a lorry, a tractor or a car towing a caravan. Usually at the first available opportunity cars will look to overtake the slow moving vehicle. However you always seem to witness cars overtaking dangerously such as when they cannot possibly see any oncoming vehicles. You should only perform an overtake manoeuvre when you are certain that you have enough time to perform the manoeuvre safely. This means that you ought to be able to see a long stretch of road and that nothing is approaching in the opposite direction.
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In a modern society, cosmetic surgery is on the rise. In addition surgeons can find cosmetic surgery a very lucrative industry to be involved in. We are perhaps more concerned about our physical appearance than ever before, meaning that people are willing to undergo cosmetic surgery and procedures in an attempt to get the look that they desire.

Surgeons are willing to perform the work as it can prove very profitable. However cosmetic surgery is still an area which is of real concern to health care professionals. This is because it is largely unregulated and unfortunately we do see cosmetic procedures being performed by persons whom are not suitably qualified and products are often used which have not been properly checked or approved.

You can always get a cheap procedure or a cheap product but if you don’t go down the correct route then there is a real risk that something could go drastically wrong. Such instances have led to a rise in compensation claims following negligent cosmetic surgery or procedures. We have seen many claims following PIP breast implants, botox, liposuction, nose jobs etc.
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To put it simply a claim would be made under the Athens Convention if you sustained injury through an accident which was not your fault, whilst onboard a ship at sea. In some instances a claim may be brought under a different law or regulation such as via The Package Travel Regulations 1992. It is essential that you seek legal advice as soon as possible so that your Solicitor can advise you as to your best course of action.

The Athens Convention declares a carrier liable for damage or loss suffered by a passenger – if the accident which caused the damage occurred in the course of the carriage and was due to the fault or negligence of the carrier. A carrier can limit his or her liability unless the carrier acted with intent to cause such damage or acted recklessly and with knowledge that such damage would probably result.

The injury could be caused due to the negligence of the captain. Injury could also be caused as a result of slipping on wet decking, for example.
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We deal with all types of accidents at work claims which can obviously be wide ranging from tripping and slipping accidents from accidents involving machinery or equipment etc. If you have sustained injury in an accident at work then you may be entitled to claim compensation.

The first point to note is that your option to make a claim is not open indefinitely. You normally have 3 years from the date of the accident to ether settle the claim or to issue court proceedings on your claim. If court proceedings are not issued within the 3 year period then you may lose your right to claim compensation. Obviously the claim may settle before the 3 year period is up. If the claim is not settled 3 years from the date of the accident then court proceedings would need to be issued – otherwise the claim becomes statute barred. This basically means that you may lose your right to claim!
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The Montreal Convention covers accidents that occur during the course of international travel by air. If you have been involved in such an accident, sustaining injury, then you may be entitled to make a compensation claim. Many of us travel by aeroplane these days and when things do go wrong and an accident occurs, a person should still have a right of action. Under the Montreal Convention a person may have a right of action if they have sustained an injury through an accident that was not their fault. Holiday excursions such as travelling by hot air balloon may also come under this convention, so travel by air is not solely specific to travel by aeroplane.

In terms of dealing with such a claim, it will be useful to consider any contractual terms and conditions which should have been issued to you at the time of booking the flight/holiday or excursion. Bookings are often made through a tour operator. Most personal injury claims run to a 3 year time limit within England / Wales jurisdiction. This means that court proceedings must be issued within 3 years of the date of the accident; otherwise you will lose your right to claim compensation. However under the Montreal Convention the time limit for bringing a claim is commonly 2 years from the date of the accident. It is said that the benefit of the convention is that it is not necessary to establish fault for the accident in order to succeed with the claim. This is known as strict liability. It is merely necessary to show that a plane accident occurred and that the passenger was injured as a result.
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We deal with all types of accidents at work which can obviously be wide ranging from tripping and slipping accidents from accidents involving machinery or equipment etc. If you have sustained injury in an accident at work then you may be entitled to claim compensation.

The first point to note is that your option to make a claim is not open indefinitely. You normally have 3 years from the date of the accident to either settle the claim or to issue court proceedings on your claim. If court proceedings are not issued within the 3 year period then you may lose your right to claim compensation. Obviously the claim may settle before the 3 year period is up. If the claim is not settled 3 years from the date of the accident then court proceedings would need to be issued – otherwise the claim becomes statute barred. This basically means that you may lose your right to claim!
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If you have been involved in a road traffic accident whereby the vehicle in which you were driving or travelling in was hit from the side, have you considered your eligibility to make a personal injury claim?

The basic principle is that, if you have been injured in an accident that was not your fault, then it is likely that you can make a successful claim. If you are a passenger then you cannot (bar exceptional circumstances) be at fault for causing or contributing to the accident. However an issue can arise as to who the claim is actually against. Say for example you were a passenger in a car which your friend was driving. You may think the claim would not be against your friend but would be against the driver of the other vehicle who collided into the side of the vehicle that you were a passenger in. Ordinarily this would be correct. However if during liability investigations it is found that the driver of the vehicle in which you were a passenger in (i.e. your friend) is at fault then the claim would be against them. This can cause an obstacle as people are naturally concerned about claiming against friends etc.
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When we act on your behalf in pursuing a personal injury claim, we aim to recover General Damages (damages for your injury and suffering) and Special Damages (any loss that you have incurred due to the accident). Special Damages can be wide ranging from claiming travel expenses, medical expenses to claiming for damaged clothing, care and assistance, lost earnings etc. In this blog I will attempt to explain how we go about recovering lost earnings after an accident.

We can try and recover lost earnings if you have been injured in an accident and as a result you were not able to work and you lost earnings as a result. We can even claim for loss of overtime pay if we can prove that you worked overtime before the accident but were not able to after the accident. As I say, Special Damages are wide ranging. The most important aspect of any Special Damages claim is providing documentary proof/evidence that the loss actually occurred.

In terms of lost earnings we would ask you to send in pay slips for a number of months prior to the accident. We would also request pay slips for the period following the accident (if applicable). If you have sustained a loss of earnings then the pay slips should show this. Perhaps you can only work reduced hours after the accident, your earnings would be down and we can seek to recover the difference. If your wage is not set (i.e. you receive a different amount of pay each week or month) then we can calculate your average pay for say the 6 month period before the accident. We can use the average pay figure to calculate your loss after the accident.
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When we purchase or use a product, whatever the type of product, we expect certain standards. Most of us are aware that products should meet certain standards before they are allowed to be sold to the public. Indeed businesses making products for consumers must adhere and comply with product safety laws and regulations.

It could be said that the biggest burden or responsibility lies on the producers or manufacturers of a product. Although the product may be sold by a shop it is the manufacturer’s responsibility to comply with product safety laws. If something is wrong with the product and injury is caused as a result, any claim is likely to be directly against the manufacturer. It should be noted that shops and distributors do also have legal responsibilities.
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Whether you agree with health and safety or not, we live and work in a world full of rules and regulations. Working at height potentially poses a risk to health and safety and this is why the Government introduced the Work at Height Regulations, which came into force on the 6^th April 2005. The regulations apply to all working at height instances where there is a risk of a fall that is liable to cause personal injury.

It is clear why the Government decided that more regulation in the area was necessary. According to statistics posted on the Health and Safety Executive website, falls from heights accounted for 46 fatal work accidents and around 3,350 major injuries in 2005/06. It was said at the time that falls from heights was the single biggest cause of workplace deaths and one of the main causes of major injury. As the statistics suggest, if you fall from height we are generally talking about serious injury or death. Obviously not all falls from height will lead to serious injury; it will depend on the height in question and the circumstances of the particular case. Injuries could be relatively minor but if you have sustained injury which was not your fault, it is still your right to claim.
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