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December 07, 2012

Accepting Pre Medical Offers

by accepting pre medical offers you'll lose money in the long runAccepting pre medical offers is NOT advisable – and this advice is coming from a firm of specialist personal injury lawyers. The reason for this is that the valuation of your claim cannot be determined without proper medical evidence. You need to attend an appointment and have a suitable expert produce a Medico-legal report; so nipping to see your own GP doesn’t count! A pre medical offer is just that – an offer before medical evidence is obtained. Hence: pre medical.

Put it this way – would you buy a car without having a test drive or even knowing what it looks like? Would you buy a house without knowing where it is, or the condition of the premises? Would you as a football manager buy a striker without any background knowledge of whether they can even manage to put the ball in the net? Would you buy a Christmas tree without knowing what it looks like? I could go on forever…

The relevance of this is – would you accept money for an injury claim when you don’t know how much is it actually worth? Well, if the answer to all the questions in the paragraph above is no, the answer to this question should also be no!
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December 06, 2012

Pre Medical Offer Season

beware insurance companies offering low payouts at xmas timeTis the season to be jolly‘! With less than 3 weeks until Christmas, the decs are up and the presents are (probably) bought and we are all feeling a little cash strapped for the rest of the festive season. This is the perfect opportunity for insurance companies to save themselves a great deal of money; at your expense!

Here at The Injury Lawyers, we call it Pre Medical Offer Season. Basically, as the insurers know we are all in need of a little extra cash over the festive period, they go mad for making pre medical offers to people in the hope to settle the claim for a potentially low sum by feeding on the need people have for more money during the Christmas period. They do it when you have a lawyer, or even without.

You will be offered something like £1,000 to settle the claim now. They’ll promise you a cheque within days, and hopefully it can clear before it’s too late to hit the shops for Christmas or the January sales. It’s extremely tempting to anyone. The trade off though is that you may be under settling your claim. The only way we can properly value your claim for compensation is with proper solid medical evidence. If you don’t have medical evidence, no one can properly value your claim. A pre medical offer is an offer to settle the claim in full and final in the absence of medical evidence. So it’s a literal shot in the dark so to speak.
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December 04, 2012

Working at Height Accident Claims

work at height accident claimsAs a man who used to spend his time climbing rocks faces as a hobby, both indoor and outdoor, and having previously worked at height for a refurbishing job a few years back, I’m no stranger to the danger involved and the measures people need to take place to ensure you don’t end up falling from a height.

It only takes one slip, trip, or stumble when up high somewhere to end up careering down a height and facing the potential of a serious injury. It’s an obvious statement that falling from a height can end up in serious damage and even fatalities. So when it comes to working at height as part of the role, the responsibility, as always, falls largely on your employer.

Your employer must take all reasonable steps to ensure that you are safe when working at height. If you are working with ladders, you should be properly trained and provided with the right type of ladders for the job you are doing. If the job requires someone to be at the base of the ladders to stabilise them, then this should always be the case. You should be fully fit to use the ladders, and the ladders should be in a condition to allow the job to be done safely. So if the ladders were to collapse due to disrepair, or fall because they were the wrong type of ladders for the job, or if they were not suitably stabilised, you may have a claim against your employer.
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November 29, 2012

No Win No Fee Injury Lawyers

injury lawyers guaranteeThis is a phrase that is batted around A LOT – so it is important to understand the difference between firms and make sure that you instruct the best lawyer for you.

So to begin with, what is a No Win No Fee?

This means that you should not have to pay the fees to run your case if the claim doesn’t win! You should receive 100% of the compensation awarded to if you win as the legal fees for most injury claims are recovered from the defendant.

So what should you now look for in an Injury Lawyer to make sure they’re the best? Here are a few examples.

  1. Communication
  2. Expertise
  3. Accessiblity
  4. Friendly

This is a very basic checklist however there is a lot more too each heading and here at The Injury Lawyers we pride ourselves on ensuring we have focused individually on each one and ensure you as the client get the best service level possible!
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November 28, 2012

Children Whiplash Injury

child whiplash claimsContrary to some beliefs, children can sustain a whiplash injury. Generally they may not be as badly affected as adults, but a car accident can easily leave your child suffering with the same symptoms in the neck, back, and shoulder area.

Whiplash is caused by the ligaments and tendons in the neck, back, and shoulder areas being stretched beyond their normal range of movement. So this can happen whether you are an adult or a child.

Children have the right to make a claim in exactly the same way an adult is entitled to. There are a couple of differences to the claims process – for one, the child will need a litigation friend to act on their behalf, given that the law doesn’t commonly allow them to bring a claim themselves (rather obviously). This is normally a parent or guardian / family member, and can even be you if you were in the same accident.

The other major difference is that an Infant Approval Hearing will normally take place at the end of the claim. This is a simple hearing for a Judge to confirm that they are happy with the amount that has been accepted between us and the other insurers. As the child is under the age of 18, the Court should always intervene to make sure that any offers that are agreed are fair to make sure the best interests of the child are looked after.
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November 25, 2012

Recommended Personal Injury Solicitors

Claiming for an injury can be a stressful and worrying thing to do, as the majority of people never think they will have to do it. Therefore, it is extremely important that you instruct the best personal injury solicitor for you to ensure that the process is as smooth and stress free as possible (and, of course, to ensure you gain the optimum amount of compensation at the end!)

So what should you look for in a solicitor?

  • Good communication– this is vitally important when claiming as you should be informed at every stage of the process. After all, it is your claim so YOU essentially need to be in the know, all of the time.> Read More
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November 13, 2012

100% Compensation Claim

There are a lot of horror stories out there about 100% compensation turning into a “nightmare” as solicitors come after the case and take all the compensation away to cover their fees.

However, this is far from the truth here at The injury lawyers, as we GUARANTEE you 100% of your compensation and there is a reason why we can do this.

The standard conditional fee agreement (The No Win No Fee) states that a solicitor will seek to recover fees from the other side. This all seems well and good, but the word seek leaves you open to the possibility that if they have trouble recovering fees from the other side, they are able to come to you for the shortfall. So say the solicitors costs are £5000.00 and the other side agree to pay £3000.00m the shortfall of £2000.00 may have to be covered by yourself. Of course, many reputable solicitors may not do this – however there is always the possibility that they CAN. Many solicitors hold this power to charge you.
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November 08, 2012

Claims Against the Workplace

Whatever your profession, the place where you work is likely to contain various hazards that may cause you to suffer an injury. Of course if you work with machinery there are the fairly obvious dangers of moving parts to watch out for and if you work in a place where vehicles are common place then you will need to watch out for traffic. However, there are many unobvious hazards in a workplace that you could fall foul of and a question that we at The Injury Lawyers are often asked is; “Can I claim against my employer?”

The answer is that while you are at work your employers have a responsibility to keep you safe from hazards that it is within their power to prevent – for instance, they should provide guards to cover the moving parts of machinery and therefore reduce the risk of you injuring yourself. So if you are injured as the result of an accident at work then yes you could be entitled to claim against your employer.

However, that is not the end of the story and for most people contemplating a claim against their employer they will be worried about losing their job or suffering at work as a result. In actual fact, employers have responsibilities in this respect as well. All employers are required to hold insurance policies that cover their employees under the Employers’ Liability (Compulsory Insurance) Act 1969.
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October 25, 2012

Knee Ligament Injury at Work – How Much Compensation Can You Claim?

Well there are two notable things to point out here; firstly, as it’s an injury at work, if it was caused through no fault of your own then it is likely you have a good chance of succeeding with a claim. The reason for this is that there are numerous health and safety rules and regulations that employers must abide by, and if we can prove that they have breached at least one of them, making a successful claim is a possibility.

The other thing to point out is that it’s nigh impossible to value a claim for personal injury accurately without proper medical evidence and a fully qualified personal injury lawyer, like us, to value the claim. Other than that, the other thing to note on the topic of the injury and its potentially worth is that ligament injuries to the knee is a very broad term.

Basically, the more you suffer and the longer you suffer the more compensation we get for you. If you are suffering for 9 months, you will likely receive more compensation than if you were suffering for just one month. If you have ruptured multiple ligaments in your knee, requiring you to have reconstructive surgery, months on crutches non weight baring, and a heavy stint of physiotherapy, you will likely get more compensation than if you have just strained ligaments in the knee that required you to hobble, albeit painfully, for a few weeks with the hope of a full recovery in a couple of months.
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October 25, 2012

Medical Appointments Relating to a Car Accident?

Really, the best advice we can give is for you to just be honest! The point of the medical appointment is to allow a suitably qualified expert to produce a medical report that confirms the nature, extent, and impact of the suffering that has been caused to you as a result of your accident / injuries. It should also confirm how long you will be suffering for as well.

So really there is no right or wrong answer – you just need to advise the above. The expert will judge what’s reasonable; i.e. don’t try and cheat the system by saying your whiplash stopped you from being able to go to work because it was too painful to move! Whilst this can happen in severe cases, you would need medical proof that it was silo bad it stopped you from even being mobile!

The expert will know what to ask you anyway, so you shouldn’t need to worry too much. They will look at your relevant medical history and records, and ask how the injury has affected you in all aspects of your life; socially, domestically, at work, etc. They will also examine you to see if there are any noticeable symptoms that they can write about in their report as well – like your back still being stuff, or limited ranges of movement.
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