If I Make A Personal Injury Claim Will I Go To Court?
This is something that always seems to worry people when they are considering making a claim – as understandably many people do not like the thought of being put in front of a judge with someone firing questions at them (like you see on the many court dramas on T.V). However, in the majority of civil claims they never get as far as going to court, so there really is no reason that this should deter you from pursuing a claim.
The civil procedure rules – the rules that govern personal injury claims – are specifically designed to stop the need to go to court. They do this through a number of ways with the main one being what is called a Part 36 offer. I will not go into much detail here about these, but they are a good example to show how the rules are designed to deter people from going to court.
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Personal Injury Compensation Payout on a Knee Injury – National Average for Knee Injury Payouts
Injuring your knee is usually very painful. As an area of the body that’s prone to injury, you can get anything ranging from some straightforward muscular swelling like a pulled muscle or a stretched ligament to the agony of a torn or ruptured ligament leaving you unable to walk properly for a long time, and even needing surgery.
The problem is that it is too easy to twist your knee to such an extent where you end up rupturing ligaments and needing reconstructive surgery.
A torn ligament may not be so bad, and can be repaired surgically but may be prone to tearing again and will leave you in a lot of pain for some time – but if the whole ligament ruptures, you will likely need a hamstring or patella graft (or similar) where pieces of the hamstring or patellar tendon are taken and fitted in the place of the ruptured ligament (hence the term ‘reconstruction’)
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What is the Difference Between a Claims Representative and an Actual Injury Lawyer?
In short- a big difference! And one that can severely affect the service level you receive during your claim but also the final settlement!
“We have been trying to contact you regarding your accident; we now have details of how much you can claim”
The above is the classic example of correspondence from a claims handling company- it is highly unlikely that this is from a reputable solicitor’s firm. There are some major points that I will address in this blog which hopefully will show that a claims management company is NEVER the best way to go- ALWAYS seek your own solicitor to act on the case for you.
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Not Happy With A Medical Report? What To Do!
It’s actually quite common for people not to be happy with their medical report – particularly in road accident cases. So why is this? Is the medical expert you have been sent to no good? Are your solicitors just not listening to you? What can you do?
To address something first, let me tell you the point of the medical report. We lawyers are, unfortunately, not medical experts. To win a claim for compensation, you need to commonly satisfy two key elements – that the injury was caused by a breach of duty, and that the injuries were caused as a result of the incident or accident. In legal speak – liability and causation.
We need a suitable medical expert to examine you, discuss your injuries and suffering with you, and look in to your medical past. The expert, who is independent and has a duty not to you, but to the courts, to provide their impartial medical opinion, writes a report containing all the facts needed for a lawyer to prove that your injuries were caused by negligence and value the claim. So if you are a genuine client, what could go wrong?
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Guide to Ligament Injury Compensation
When you think of serious injuries, most people think fractures – but damaging your ligaments can be equally as devastating, as I am all too familiar with myself! You think breaking your leg is bad? Try rupturing several ligaments in your knee requiring you to undergo a multi ligament reconstruction operation! Anyway – to define, a ligament is a soft fibrous tissue that connects bone to bone. You have them all over the body – and the famous ones to injure (for the footballers out there) are the dreaded cruciates!
There are several ways you can injure ligaments. In many cases, ligaments are stretched beyond their normal range of movement, and you end up with pain, swelling, stiffness, and the usual muscular related symptoms that will normally die down over time. However, things get a little more serious when you tear or rupture ligaments.
A torn ligament is exactly what you’re thinking – the tissue is torn; normally due to an overstretch far beyond the capacity the tissue has to stretch. Torn ligaments can be very painful – you will normally know when you’ve done it! The pain is normally enough to warrant you needing to see a GP or a medical expert, so you can usually get a diagnosis from them. For many torn ligaments – in the leg in the arm – after a few weeks or months you are commonly back to normal. However, some crucial tears like knee ligaments or elbow ligaments may require an operation.
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If you’re reading this, I’m going to assume you are already aware of what foot drop, or drop foot (as it is also referred to) is. But just in case…
What is Foot Drop?
As a brief description, as I am lucky enough to have this deceptively simple sounding condition, foot drop is the inability to raise your foot up and move it left due to some form of problem a peripheral nerve; in my case, the Common Peroneal Nerve. It may sound like something small – but unfortunately, with this condition, you cannot walk properly without a corrective splint.
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The Best Personal Injury Lawyers in the UK
How do you know who the best injury lawyers in the UK really are? Well luckily we can answer this question for you – because we know exactly what it is you should be able to expect from a quality injury lawyer to make sure you get the best service and the maximum amount of compensation possible.
Naturally, as we are The Injury Lawyers, a firm of specialist personal injury only lawyers with years of compensation claiming experience behind us, we do all we can to make sure that what we do is better than the rest. And to be honest, we can prove that it is (in our opinion).
It’s easy to start by simply understanding what it is a person needs when they are making a CLAIM for compensation.
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What Will My Injury Lawyer Talk to me About?
What will happen if I claim?
Many people considering a claim for personal injury will not have had much contact with the legal profession before they start their claim, and the thought of doing so can be quite daunting. People get worried about the “red-tape”, jargon, and waiting and delays. However, people may not understand is that there are rules in place to help avoid long drawn out claims.
At The Injury Lawyers the first step for most none road accident claims (so accidents at work, in public places, in the street, or with products for example) in this begins when you provide your details about your accident or the way in which you became injured.
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This is anyone’s worst nightmare – being high up when the floor beneath you collapses. The injuries you can sustain from falling from a height, or hitting something as you fall from a low height, can be significant. Our bodies can endure a great deal of punishment, but there only so much twisting, turning, thudding, breaking, and bouncing our body parts can take.
We get a lot of these sorts of claims and they commonly relate to accidents at work. Employees are casually working on scaffolding when the floor decking collapses or breaks, causing you to fall. Equally, the structure of the scaffolding could break apart. It’s normally caused by one of two things: poor construction of the scaffolding, or poor maintenance of the scaffolding.
Whoever is responsible for the scaffolding – whether it’s your employers, or another company you are working with or for on some kind of site or project – must ensure that the scaffolding is erected correctly and is maintained efficiently to prevent such accidents occurring. Health and safety inspections and checking is an easy way to do this. Those responsible for putting up the scaffolding need to be properly trained and provided with the right equipment as well.
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We are lucky in the UK to have rather strict Health & Safety rules to make sure we are not come to any harm. However, there are microbes and gases that can’t be seen by the human eye – and when they’re breathed in or consumed, the human body’s reaction can be painful.
People endure poisoning of some kind all the time and on a daily basis. The most common form is probably from food poisoning from poorly cooked, contaminated, or out of date food. If it’s your own fault, there’s not a great deal you can do about it – but if you get it from a restaurant or from contamination that was out of your hands, you may have a claim.
There are certain things that you need to consider though – for one, it can be very difficult to actually prove that poisoning has occurred in some way that is out of your hands. If you get food poisoning from chicken, how do you prove that the producer had caused the meat to be contaminated or spoiled as oppose to it coming down to your cooking skills? I’m not saying anyone would lie, but the burden of proof for claims is generally on the victim – so it can be very difficult.
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