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There are many ways to claim for compensation – and there is a right way and a wrong way to doing it! So here’s a little advice on the best way of claiming; and the things you need to avoid:

Dealing with the Third Party Directly

This should be avoided! The third party is the person, company, or representative of the person/company responsible for the accident. It’s advisable to get independent representation – you can never be sure that the third party has your best interests at heart. With independent representation, you know you have an expert on your side; dedicating themselves to you and your claim!

So what you need is an independent expert lawyer representing you for the case, which brings nicely to my next point:
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Injuring ourselves can be quite an easy thing to do – there is a lot out there we can cut and bruise ourselves on! And of course when the injury is through no fault of our own, then a claim for compensation can be brought against the person or company deemed responsible for the incident.

But what exactly does this cover? Well, to be honest, it can cover absolutely anything we injure ourselves on! I would never have thought a simple zip could be the cause of an injury to a young child’s face, but according to sources from the Daily Mail (source), it certainly can…
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The Sale of Goods and Services Act 1982 – it’s an important piece of legislation there to protect us against dodgy deals and faulty products; and the regulations involved are ones that all manufacturers and providers of goods and services must abide by. Failing to do so can leave them liable for any suffering caused by their negligence in failing to adhere to the regulations to a sufficient standard.

Now I myself have had bad experiences in the past of poor services and inadequate products sold to me, and I am certain that the majority of you reading this have as well! In fact, we at The Injury Lawyers have been at the mercy of our telecommunications providers who have provided a far less than satisfactory service to us with countless errors over the past few months; and you’d think with them being probably the biggest British provider that they would provide the best service in the country!
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It’s always sad to hear of instances where people are seriously hurt in accidents or incidents that were not their fault; and even more so when the victims are infants or children. But what’s nice to hear is when justice is finally served, and the victims of negligence receive the payouts they duly deserve!

So in a combination of the above, does anyone recall the Maclaren buggy cases? We at The Injury Lawyers have actually authored a few blogs on this story, and we are pleased to report that according to sources from Sky News, UK victims of the defective pram – that caused the infant users to sustain serious lacerations, fractures and in some cases complete amputation at the end of the finger – from the dangerously exposed hinges of the fold up push chair will receive compensation for their suffering!
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My colleague today wrote an article on this very same subject – dog attacks and the consequences they have on the lives of the victims involved. They seem to be quite common in the news recently, and today I came across a story of a violent dog attack in which the owner and his accomplices actually joined in the assault!

According to sources from The Mirror (source/), 41 year old Scott Lomas suffered severe injuries when he attempted to stop a Staffordshire bull terrier from fighting with a dog tethered outside a newsagents when this vicious and unprovoked assault began. The unleashed animal ran up to the tethered dog when the owner and his accomplices, rather than stopping the fight, approached the tethered dog and proceeded to kick it, according to the wife of the victim, Michelle. “My husband tried to stop them and told them to get their dog on a lead.” She said, “As he got in the car, they slammed the door on his leg. He confronted them. My husband was jumped on by one as all three moved towards him. He bit Scott’s face on the eyebrow, almost ripping it off.”
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And the answer is… It’s completely up to you!

It’s a big question! And it’s one you might ask as part of your decision making process when it comes to who you want to represent you for your claim for compensation. But to be honest, it doesn’t really matter if you choose a solicitor miles and miles away from you! And here’s why:

The claims process involves us specialist lawyers dealing with a lot of third parties; and they really are dotted all over the country! Firstly, are the defendants’ insurers. They may be anywhere in the country – it’s usually completely dependent on who they are insured with! A lot of the larger companies have main offices dotted all over the place, so  in dealing with them – us solicitors will be corresponding with them by phone, email, fax and post.

And if the claim needs to be fought a little harder, then it’s likely the insurers will nominate solicitors to act on their behalf. And again, their solicitors could be anywhere around the country; again it’s completely dependent on who their solicitors are.
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The majority of you reading this will probably be unaware that as from last week the protocol which solicitors and insurers follow for pursuing claims for compensation has changed. There has always been a protocol that governs the claiming world, and it’s what lawyers and insurers use in order to manage claims efficiently – the rules are important for claims to be completed properly!

And as of Friday April 30^th 2010, the new Road Traffic Accident Protocol comes in to affect, which will now be used as the rules and regulations for all road traffic accident claims that occur on or after the date mentioned above!
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Road traffic accidents – there pretty straightforward when it comes to claiming compensation for them. In fact they are the most clear-cut claims for injury there can be. The reason is that in a road traffic accident the blame is usually quite easy to establish. And there are many ways a road user can be liable for compensation through negligent driving. One of the more regular driving offences that can lead to accidents is speeding :

Speed limits are there for a very good reason – to save lives! Speed limits are set for roads according to the type of road in question. For example most city roads and populated areas (I’m sure you already know!) have 30mph speed limits given that they are densely populated with other drivers and pedestrians. A motorway of course is set at 70mph as the intended purpose is just for motor vehicle travel between the junctions – there aren’t any pedestrians or turns and cross roads to navigate. So it’s safe to travel at a higher speed.
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Medical negligence – by definition this is generally when a medical expert or attendant makes an error that is detrimental to the patient being treated. It can range from anything to a simple miss-diagnosis leading to incorrect medication being prescribed, to an error made during surgery. And on occasions medical negligence can have severe consequences; even fatal…

So here’s an example of medical negligence in its worst element. Fortunately not fatal, but leaving the patient with horrific (if that’s the correct word to describe it) and permanent consequences…

According to sources from the BBC (source), a surgeon has been struck off the register after he removed a patient’s testicle by mistake!  Being male, this really doesn’t bare thinking about and is an absolute tragedy of a story to be honest.
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And the answer is…. I don’t know! In fact, without medical evidence, no one knows exactly how much your claim could potentially be worth. We experts could give you an idea or two, but ultimately it cannot be determined without good, independent medical evidence.

So How’s it Work?

Well what us specialist personal injury lawyers always make sure to do is get you seen by an independent medical expert. A consultant specialising in medico-legal reporting is qualified to assess the full extent of your injuries. They will produce an expert report that will give us all the information we need to value the claim. We then use a combination of our extensive experience combined with some quality case law (cases with similar injuries and similar accident circumstances), and the JSB (Judicial Studies Board) guidelines in order to put some pounds on your injuries.
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