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Archives

choosing the correct solicitor

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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road traffic accident claims

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 30th 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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Common accidents these; especially in industries such as construction, or jobs with a great deal of manual handling. But whether you’ve tripped on some plastic tie-wrapping in the warehouse, or the scaffolding at the building site was not secure when you walked over it and your legs in a cast now, we specialist injury lawyers are here to help you! So how does it work?

Insurance

Its more than likely that your employers have an insurance policy in place to cover their employees in case they sustain an injury at work! Usually it’s referred to as an employers liability insurance policy – and it’s there to be used in case you ever need to claim from your boss for damages! So you should feel free to claim from it if you’ve been injured in an accident that was not your fault!
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It’s a big phrase, I know! But what does it mean? Well actually it’s quite a common thing in claims for personal injury, and it’s sometimes a method insurers use to save themselves a bit of cash they payout to the client! But sometimes, it can be warranted; so here’s a little explanation of what it means

What it Means

By definition, this is when the defendant (the person or company responsible for the accident) accepts that they are responsible for an accident, but alleges that the claimant (the person injured – the people we fight for!) was partly to blame for the accident or for their injuries. Usually it is made through their insurers or solicitors.
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You may be aware of this next story; an event that set the scene for a moving battle for 19 families whose children were subject to birth defects due to the poor clean up of a former steelworks site, causing toxic chemicals to affect pregnant women. Well according to sources from the BBC, the fight is finally over as the long legal battle between the families and the council has been settled successfully out of court (BBC news story).

So here’s a quick analysis – a case study if you like – of this story from the contents on the BBC article:
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