Archives
Many of our clients when they approach us at The Injury Lawyers are aware that they may have a claim for compensation. What they are often not aware of is the extent to which they may claim back other losses that they have incurred as result of their accident. A good personal injury lawyer will advise of claims for further losses from the outset of a claim; the reason being that in many cases the losses are ongoing, and we want our clients to keep all the necessary receipts and other supporting documentation safe to help support the claim.
Once all the losses information is collated, it is at this point a Schedule of Loss may be drafted by your lawyer. A Schedule of Loss, or Schedule of Special Damages as they are sometimes called, is a document which sets out all your losses information and is disclosed to the other side in order to invite offers. Losses are normally dealt with separately to your injury compensation – so this is an item which is not included in the document.
I have set out below some of the items which are more commonly seen on a Schedule of Loss:
Read More
If you have been involved in an accident where you have sustained an injury at the hands of a negligent third party, do not under-settle your claim. At The Injury Lawyers, we hate hearing about victims of other people’s negligence who have unwittingly settled their claim for compensation alone directly with the party responsible, and as a result have lost out on thousands of pounds in compensation that they would have received had they had a quality injury lawyer acting on their behalf.
Unsurprisingly, when we at The Injury Lawyers have to inform such people that they have settled their claim and there is nothing we or anyone else can do to obtain an increase, they are devastated. In the industry, this is what is known as ‘Third Party Capture’. It is where the other side, most likely through their insurers, try and settle your claim with you directly. At the time, it may feel like you are getting what you deserve; but most people soon realise that they have likely been undercompensated. At the end of the day, our advice to you is simple – do not settle your potential claim without independent and quality legal advice. Ask yourself what is truly in it for the other side to compensate you directly – it’s really obvious – saving money.
At The Injury Lawyers, we cannot settle your claim faster than the other side can do directly. In fact, it may take a couple of months longer. But only the other side themselves can settle your claim the fastest because they are the ones with the money that is owed to you. What I would do is ask yourself a hypothetical question: would you rather have £1,000 now, or £3,000 in two months? I know I would rather have the £3,000 later, and I am sure many of you would prefer the same.
Read More
It’s a lovely day today – let’s hope the weather stays nice over the four day weekend – give us a taste of what’s to come over this summer (hopefully!). But, anyone’s day and summer can easily be ruined when you end up injured in an accident through no fault of your own! Nowadays, it’s easy to end up injuring yourself – but it’s also an easy process to make a claim.
Help! I’ve been injured in an accident that wasn’t my fault!
Been hit in the rear by another car? Fallen down in a supermarket on a wet floor where no signs or preventative measures were in place to warn you of the hazard? Or been injured at work because your employer failed to properly train you for a particular task? If the accident was not your fault, but the fault of someone else (a company, or a person), you have the first ingredient in place to make a successful claim for compensation.
Read More
Whiplash Symptoms and Valuations
Whiplash is one of those conditions that is not so plain to see but can cause the sufferer severe pain for lengthy periods of time. It is a common misconception that the condition is based solely in the neck area; in reality, this can be very different as I will explain below.
Symptoms
The symptoms of whiplash can vary greatly from person to person:
- Pain, stiffness, swelling around the neck, back, and shoulders.
- Pain may radiate to the shoulders or down the back
- Headaches which can be severe and recurrent
I read today in The Shields Gazette that a police offer is seeking compensation from the Northumbria police after it was alleged that a faulty police vehicle caused Pc Christopher Pearson to be involved in a serious road traffic accident back in August 2006.
It is reported that Pc Pearson lost control of his police car which caused him to hit a kerb and a barrier which caused the police car to roll over a staggering six times. As a result of this major accident, Pc Pearson was lucky to only escape with whiplash, an injury to his back, and his knee. Unfortunately, Pc Pearson was not the only person to be caught up in this incident. His partner, Pc Emma Wilkinson, a passenger in the vehicle, also suffered injuries. Pc Wilkinson has yet to return to work – and, approaching five years after the accident, Pc Pearson has only returned on limited duties.
Pc Pearson contends that a bald tyre and some loose fittings around one of the police cars’ wheels caused him to lose control of the vehicle. The police officers, who were pursuing a suspect at the time, came off the road at a bend. Pc Pearson states that ‘As we started to leave the bend I could see the road straightening up, and at that point in time the vehicle should have been moving in that straight line, but the vehicle itself, rather than going straight, seemed to be going. The front near side at that point then hit the kerb…I could not understand why the vehicle was going in that direction.’ In essence, Pc Pearson suggests that the car was defective, and as such this caused the crash. Northumbria police have so far denied liability.
Read More
Hassle Free Compensation Claiming
I envisage that there are many potential accident claims out there that are going by unclaimed. One reason I can see for this is that people may feel it will be too much hassle to start a claim after what may have been a traumatic accident.
Well, I am here to tell you the opposite (so long as you get the right lawyer). Personal injury claiming with the right lawyer on board can be a simple process with as little hassle for you as possible. At The Injury Lawyers, we find the most stress is caused to clients when they do not know what is happening with their claim; this is why we have a policy of updating our clients every two weeks, whether something has happened or not. This not only makes sure our client is kept in the loop, but also that their claim is checked and worked on, on a regular basis.
When you start a claim there is a high chance it will come under the Pre-action Protocol for Personal Injury. This system encourages claims to settle at the earliest stage possible – i.e. before going to court – thus making the process easier on the Claimant and giving more transparency between both sides at the outset. To comply with this system, a Letter of Claim will be drafted giving a full description of your accident circumstances. Once this letter is sent to the Defendant, the clock begins to run; giving the other side 21 days to acknowledge the letter, and a further three months to investigate (normally through their insurers, solicitors, or claims representatives).
Read More
Specialist Personal Injury Lawyers
I am guessing that after an accident you may feel fragile and not up to the task of choosing which injury lawyer to take your claim. Well, this is why we write these informative blogs – to educate and hopefully relieve the stress of being sat for hours in front of the internet assessing the pro’s and con’s of a multitude of personal injury lawyers.
When looking for a personal injury lawyer, there are a few things that you should look out for:
- 100% of your compensation: you should not accept anything less than your full amount of compensation. Compensation is meant to put you in the position you would have been in had the accident never have happened – if a portion of what you are entitled to is taken away, you are losing out.
Repetitive Strain Injury (RSI) can also be known as Work Related Upper Limb Disorder. It is a general term which can cover a whole range of injuries that are due to repetitive use of a particular part of your body.
RSI’s are reported by as many as 1 in 50 workers around the UK. This large statistic is no wonder when you consider the amount of office based jobs in the UK. It is workers who are predominantly computer based, as well as manual workers, who are most likely to suffer from RSI’s.
There are two types of RSI injury. Type 1 is where a doctor can diagnose a particular injury, such as Bursitis (the inflammation of a fluid sac near a joint on the shoulder, knee or elbow). Type 2 is where a doctor cannot make an accurate diagnosis of a particular condition, but it is plain to see that the patient is suffering and that there may be some swelling.
Read More
Personal Protective Equipment, or PPE as it is known for short, is equipment provided by your employer to protect you against risks to your health and safety. It should be of note however that they should not give you PPE in place of doing something else better to protect you, but maybe more expensive to do – PPE should be used as a last resort where there is no other way to protect the employee.
PPE can come in many forms, shapes and sizes – it may include safety gloves, safety boots, respirators, and safety goggles, depending on the risk to the employee. Employers have a duty to provide this equipment – this duty is encapsulated in regulations within the UK. Employers should not ask you to pay for your PPE or to make any contribution for it at all.
The duties placed on employers goes even further. It is no good an employer giving you PPE and not showing you how to use it – employers should issue proper instruction and training on the use of the PPE. They should also ensure that the PPE is properly maintained and stored so the PPE offers you the fullest protection it can. Employers may have policies and regular check systems in place to ensure that their duties are fully complied with.
Read More
For many, being involved in a road traffic accident is bad enough if you have suffered an injury as well as damage to your car; plus it is just a general hassle having to sort everything out! But for people who have been hit by an uninsured or untraced car, the frustration felt can be made all the more worse. The majority of us pay our car insurance on time and ensure all renewals are up to date – we would also take responsibility for our actions by stopping if we were responsible for a road accident – this is why it can be so frustrating when a small minority do not.
Hopefully, this blog will give you some light at the end of the tunnel. If you have been hit by an uninsured or untraced driver, and you have suffered an injury as a consequence, you may still have a claim through the Motor Insurers Bureau – or MIB as they are more informally known.
The MIB was formed in 1946 and is funded by motor insurance companies. Basically, it is funded through a proportion of our motor insurance premium which the MIB calculate to be around £15 – £30 per policy. We deal with claims through the MIB, handling your claim from start to finish. We may not only handle your claim for compensation for your injuries, but also, if needs be, we can claim for any vehicle repairs that are needed as a result of your accident as well.
Read More