Claiming for Compensation and the World of Personal Injury
I think the majority of people out there have a basic understanding of what personal injury is about. But I think it’s safe to say that the vast majority of people who have never made a claim perhaps share a miss-guided view of what personal injury means.
I read a lot of stories and hear a lot of people discussing their grievances against claims for personal injury in public. The old stereotypes of people tripping over curbs, falling off ladders, or slipping on a wet floor and getting thousands of pounds, and the solicitors pocketing tens of thousands of pounds in legal fees, I often hear about. But is this a fair view of personal injury claims? Well, here are a few things to consider:
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It’s no secret that in many areas the state of Britain’s roads are substandard. The cold snap we endured this winter probably didn’t help! Most pot holes are created by water seeping in to cracks in the highway surface. If the water freezes, it subsequently expands, putting pressure on the concrete and causing it to break. But who is responsible for it all, and what are the duties they have?
Most public highways are the responsibility of the local council to regularly inspect and maintain them, and ensure they are not a potential hazard people using them. If the local authority fails to do this, then they are liable to pay compensation to anyone suffering an injury through the state of the highways. So here are a few examples:
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Grandmother Killed & Grandchildren Left Fighting for Lives
I’ve said it before, and I shall say it again; road traffic accidents are a common occurrence – they do happen all of the time. It’s always a tragedy to hear of a severe car crash resulting in life altering or even fatal injuries, but it’s even harder to hear when a crash is caused by the absolute selfishness of a drink driver.
There’s a very good reason why there is a drink drive limit – alcohol affects our brain and impairs our judgement and cognitive ability; both vital requirements to have working properly when driving. And we all know that breaching the safe alcohol limit is against the law for the very good reason that its puts the driver and other people on the roads in serious danger.
So why do people still do it!? And what are the tragic consequences…
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How Common Are Accidents at Work?
They are a lot more common that you might think! Which is surprising given that the rules and regulations employers must adhere to are strict and numerous to protect the safety of the employees in their working environment. So here’s a little insight in to why employers fail to adhere to regulations (leaving them open to a claim against them), and what employers are expected to do:
Well, perhaps it’s a lack of understanding of the importance of health and safety regulations in the workplace that is a root cause. There are common duties that all employers must ensure to uphold; such as ensuring all access ways are free from hazard (e.g. no holes in the floor!!!), ensuring all electrical equipment is duly tested for safety (e.g. no explosive kettles!), or even employees being trained and instructed on the buildings fire procedures. So what kind of rules and regulations must employers adhere to?
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Claiming Compensation against a School
On occasions, incidents occur at school where a young child suffers injuries at no fault of their own. We all know what school is like – it’s a bit of a jungle on the playground – and boys will be boys, and children have their scraps and scrapes. But when does a bit of adolescent innocence turn in to a case of negligence on behalf of the school?
Well, you are probably already aware of this, but all schools have a very clear duty of care to ensure that the students are well looked after and do not come to any harm. If a child is the victim of some kind of defect in the school, perhaps a pothole in the playground or a damaged chair, then the school is obviously liable for any suffering. But what if the incident is involving another pupil; perhaps some kind of a fight or instance of bullying – is the school liable?
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Claiming with Insurers for a Car Accident – Avoid it at ALL Costs!
And “cost” is pretty much the important part of it! Because if you deal with the insurers of the third party directly, it is more than likely it will end up costing you money!
So what do I mean by this? Well, in most instances, I am not implying that insurers will charge you for dealing with them directly in a claim for personal injury by way of a percentage of your damages, or invoicing you. What I mean is that if you go down the route of dealing with third party insurers directly, you are very likely to get less compensation than you are entitled to recover.
So what is this, why is this the case, and what can you do about it? It’s called Third Party Capture!
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Road accidents; they’re as common as you can get! In fact, they’re the most common type of accident when it comes to claims for personal injury! And there really are a million and one ways you can be involved in a car accident and end up with an injury:
Although common anyway, according to sources from the Telegraph (source), wider cars are a “major contributory factor” in minor accidents on rural roads. They are also reportedly an issue in urban streets where houses have been turned in to flats, causing cars to line the streets. The widening of vehicles is the result of added safety features that manufacturers have installed on their vehicles, with some models being widened by inches!
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MoD Refuse to Fund Operation for Injured War Hero Who Lost 3 Limbs in Helmand
Claiming for compensation – the idea is to put the victim in a position they were in before they had the accident. Obviously we cannot take away the injuries and the suffering – no one ever can – but we can compensate for the suffering and inconvenience with a monetary payout.
But there are certain losses that can, and should, always be recovered; or certain things that can be done to compensate the victim as much as possible. I came across a story from the Daily Mirror that can certainly fit this bill.
According to the exclusive Daily Mirror report (source), the Ministry of Defence have refused to pay for a private operation for injured war hero Mark Ormrod who lost 3 limbs in the line of duty fighting for our country. The 26 year old marine nearly died after losing both of his legs and his right arm from a Taliban landmine blast whilst on patrol in Helmand, Afghanistan, on Christmas Eve 2007.
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Getting a Lawyer – Don’t be Afraid!
If you’ve been in accident that wasn’t your fault, it’s always best to get advice and representation from a specialist injury lawyer. But the first problem is – who should you choose? And many are often a little afraid and concerned about instructing a lawyer because they fear being hit with massive legal fees they cannot afford.
Well fear not! Because the whole no win no fee and 100% compensation is actually true in the majority of instances! There are a few things you need to make sure of first; so here’s a little guide as to how it works and what to look for in a lawyer!
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Horrific Head-on Collision Leaves Several Injured and Two Dead
Road traffic accidents are the most common cases when it comes to claims for personal injury. The reason is that they do happen all of the time. Britain’s roads are busy; and it’s so easy for a crash to happen. Thankfully, most collisions are minor in nature; however, there are occasions when a big crash leaves the victims with severe injuries, and sadly there are the occasions where fatalities occur.
I recently authored an article related to claims for children. So in a story I came across today which combines both a serious road traffic accident and young children, the potential for devastation can be understood.
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