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This is indeed a very important but tricky question. It is often best explained in the form of a scenario. Say for example you are in your local supermarket stocking up on those essential goods and you are unfortunate enough to slip on a wet floor.

Now, if there is a clearly visible wet floor sign in place which you should have seen, then it could be difficult to claim compensation for any injuries that you sustained. However, every case is unique and studied on its own facts. Say for example a wet floor sign was erected and was clearly visible but you failed to notice it because you were looking down at your mobile phone as you were walking. In this situation a Court would probably say that the store took all necessary precautions to warn you of the hazard and therefore there was no potentially negligence.
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A common question I have been asked concerns how we can possibly take on cases on a ‘No Win No Fee’ basis – surely there are some fees along the way? So to address this question I decided to do this blog just too clarify how this does work and how ours may be slightly different from the rest.

The Main Points

No Win No fee, or its ‘posh’ name, Conditional Fee Agreement, allows us to pursue your personal injury claim without you having the worry of having to pay expensive legal fees. Having to cope with an injury that was not your fault is stressful and worrying enough, and we understand this and therefore do not agree that paying to seek compensation is right.
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In order to recover damages in any personal injury claim, you must be able to prove that someone else was legally at fault for the accident.

Fault in this sense means that someone was careless, reckless or negligent as to cause an accident.

In personal injury claims, the person who is considered fault is referred to as the Defendant.
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It is a question that many people want to know and a question which we are asked time and time again. In terms of how long a claim will take from us taking it on to you receiving a settlement cheque, it is always difficult to say as it depends on a number of factors.

We as a firm pride ourselves on being efficient; we move cases forward as quickly as possible. However, to an extent we do rely on others such as insurance companies, the courts, medical experts etc.

A claim is likely to go through quicker if liability is not an issue and if the symptoms are relatively minor so only one medical report is required. However every case is different and at the outset any time frames given by any Solicitor would be effectively a guess.
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Being involved in a road traffic accident is not a very nice experience. If you have sustained injury as a result of a road traffic accident which was not your fault then you may be entitled to make a claim for compensation.

Road traffic accidents can occur in many different circumstances.

I am not surprised by the number of road traffic accidents, just drive during the rush hour and you can see why there are so many accidents on Britain’s roads. Most days I see people driving while on a mobile phone, driving too fast or driving too close to the car in front. It is maddening when you see this kind of driving behaviour. It is easy to become annoyed and this can make the situation worse as you should be calm and attentive while driving.

Typical accidents include rear end shunts and accidents at roundabouts. Accidents can also be caused as a result of vehicles changing lanes. Road traffic accidents can of course be fatal. You can bring a claim whether you were the driver of a vehicle or a passenger. In fact if you were a passenger then it could be said that it is more straightforward as it is difficult to see how a passenger could ever be at fault for a road traffic accident.
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So what does the term quantum actually mean? Quantum in law essentially means value. Every day we get asked questions along the lines of “How much compensation will I receive?” and “What’s the value of my claim?”

The first point to note is that it’s impossible to value a claim at the outset – any value given by Solicitors at this stage is an approximate – for example if your injury sounds like a general whiplash injury you may hear figures of £1,500 to £2,000 being talked about.

However, in reality, it’s impossible to properly value a claim at the outset as the value of a claim depends on the injuries sustained and the effect of the injuries on the Claimant’s life.
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Contributory negligence can be explained by a hypothetical scenario. Say Joe Bloggs sustained an accident at work whereby he caught his hand in machinery which should have been turned off but the off switch had jammed. Say it came to light that Joe Bloggs forgot to put down the safety screen which was company practice even if the machinery was turned off.

Joe Bloggs may still be able to recover compensation but in this scenario it is likely that the Defendant (i.e. the employer) would allege an amount of contributory negligence as it was Joe Bloggs who failed to put down the safety screen.

It could still be argued that it was not a safe system of work and that the machinery or the off switch was defective causing the accident. The Defendant may argue that Joe Bloggs was partly at fault for his own accident. Contributory negligence is often dealt with in terms of a percentage. The Defendant may argue that Joe Bloggs is 90% at fault for the accident whereas Joe Bloggs himself may suggest that his actions or failure to put down the safety screen meant he was 20% at fault for the accident. You can see that it all depends on the circumstances of the particular case.
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Your employer has a duty to keep you safe and free from harm. One potential hazard in the workplace is noise. Exposure to excessive levels of noise can cause deafness – deafness caused by industry or employment is often referred to as industrial deafness. As people’s hearing deteriorates with age, many people who have worked in industry may not be aware that they are suffering from industrial deafness. Noise is measured in decibels (dB).

If noise is a potential hazard in your workplace your employer should have carried out a noise assessment or noise survey. This would involve checking the noise levels at different places through the premises and checking the noise levels emitted from all the various types of machinery. Your employer may also evaluate the noise exposure of each individual employer. Noise exposure is averaged out over an 8 hour working day.

Deafness claims are historic in nature as they can involve bringing a claim against one or more of your former employers. In essence you would seek to bring a claim against each and every employer who exposed you to excessive levels of noise after 1963. You cannot bring a claim for exposure to noise where the exposure occurred before 1963. Noise exposure before 1963 may have caused damage to hearing but in law it is classed as non-negligent exposure as employers were not aware of the dangers of noise at that time. A publication in 1963 meant that employers can be held liable for exposure to noise where the exposure occurred after 1963.
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We’ve all had those moments where we’ve been walking down the stairs and had a wobble; if we’re lucky we manage to save ourselves or if we do fall it is only a couple of stairs and the damage is limited to a temporary knock of our confidence. However, for all the people that don’t fall, there are plenty that do!

Statistics say you are most likely to have an accident on the stairs in your own home but there are many stair based accidents in the workplace as well. In fact there is a league table of the worst performing industries in terms of this type of accident with: Service/Hospitality, Manufacture and Construction being the three worst offenders.

This is not surprising when you think that these are the industries most likely to involve carrying heavy, bulky or hazardous items up and down stairways. Of course it could be the case that you are not at work and have a fall, for example if you were in the library or the bank.
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You may not be surprised to hear that whiplash claims are one of the most common types of personal injury claims. Whiplash claims unfortunately seem to attract a lot of bad press as well.

However anyone who has ever suffered a whiplash type injury will know that whiplash can cause a great deal of pain, discomfort and inconvenience. Whiplash is a genuine injury and an injury which is compensatable in law. I believe the main difficulty or the reason why whiplash claims receives such a bad press is due to the perceived difficulty in diagnosing the condition.

If you have sustained whiplash following a road traffic accident then it is your right to claim compensation.
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