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When we think about compensation and road traffic accidents, I can hazard I guess that car accidents will be the first thing that comes to mind. Of course, many of the accidents on the roads do involve both parties being cars; but there are also many other accidents on the road which may also entitle the victim to compensation.
The title of this blog being bus accidents means you can probably guess what type of accidents I will be discussing – YES, its bus accidents.
If you have been involved in a road accident whilst on a bus which has caused you injury as a result, you have a high chance of having a claim for personal injury. This is because if the accident was due to the fault of the bus driver you may have a claim against the bus company who are vicariously liable for the driver’s actions. This means that the bus company can take responsibility for his actions. If on the other hand the cause of the accident was another road user, then you may have a claim for personal injury against them. In summary, in either scenario you may have a claim.
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There is a lot of information around at the moment regarding no win no fee agreements. This information is passed to us through television and radio advertisements. So you may think that you know what it means, but I can hazard a guess that if you read on you may find out some interesting points you did not know or even think to ask.
One of the questions many clients ask us is – ‘how do you get paid?’ Well if you win your case then our costs get paid by the other side and you get 100% of your compensation; and when I say all, I mean all. Compensation is meant to put you back in the position you would have been in had the accident never have happened – so if a solicitor took some of that, the whole argument for compensation would be nothing but a farce.
On the other hand, if you lost your claim (which we hope would not be the case as most firms only take a case on if we thought it had good prospects to succeed) we are able to claim back our losses from an insurance policy.
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When clients first approach The Injury Lawyers regarding their claims, they are aware that they may be entitled to compensation for their injuries, but are very often unaware of the extent of financial losses which may be claimed back separately to their injury compensation.
Upon taking on a new claim the advisors here at The Injury Lawyers would advise on all aspects of losses information. This serves to make the client aware that they must keep a log of any losses they have incurred / are incurring, and to keep any receipts or invoices for these in a safe place.
Once your losses information is collated by your solicitor, a document known as a Schedule of Loss can be drafted. This sets out all your items of financial loss. This Schedule should then be sent to you to be agreed. Many clients upon receipt of this Schedule question why there injury compensation is not listed as an item. Our answer to them is that injury compensation is claimed for separately to your losses and so does not form part of your Schedule of Loss. This being said however, your injury compensation and your losses may be paid in a settlement all in one global amount.
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What to know the secret to a successful claim for personal injury compensation? Well, read on for the three step guide to claiming the right way and maximising the potential of your compensation case:
Go Direct to an Injury Lawyer – Avoid Claims Companies, Insurers, and Middlemen
To get the advice and representation you need, go directly to a proper personal injury lawyer. Claims management companies, insurers, brokers, or any other middlemen are not lawyers. Sure, they can probably give you some advice; but they’re not qualified to run a personal injury claim from start to finish – so what do they really know?
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Claiming for an Accident on a Night Out
Many of us, using that old phrase – ‘live for the weekend’. This meaning we look forward to the end of the working week when we can relax, have a lie in and go out socialising with our friends or loved ones. Nights out at these times can range from going dancing in a night club, going for a drink in the local pub, or going to a trendy wine/cocktail bar. Whatever your idea of a good night out, I can hazard a guess that you would not anticipate having an accident in an evening out venue that was not your fault.
Many potential clients that approach The Injury Lawyers with these types of claims are concerned that their consumption of alcohol may have an effect on their claim. This may have an effect, but it does not necessarily mean you cannot claim. At The injury Lawyers we give free claim assessments so whether we take the claim or not – you do not have to pay a thing for our legal advice. If we are unable to take on the claim we can usually suggest other avenues which you could explore.
Venues such as clubs, pubs and bars have a duty to protect their customers like anywhere else. They must abide by strict health and safety regulations and make sure their staff are trained to uphold the safety of the premises. These measures may include completing regular checks of the floors to ensure they are free of spillages which may cause a slip hazard, or ensure the floors are free of articles such as broken glass which may cause lacerations to your feet. Venues normally have a maximum capacity of people it may safely hold, so if an accident has been caused which was due to a venue being over capacity, this may be a potential claim.
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Car Accident Claims – Legal Expense Insurance / Legal Protection
Car accident claims – the most common form of personal injury claims there is. There’s one heck of a competitive industry for car accident claims, and there are right ways, and very wrong ways, to go about making a claim after a road accident.
So – please take this advice seriously
If you have a car accident that wasn’t your fault, it’s more than likely you have a successful claim for compensation. It’s quite easy to establish who is at fault after a road accident – so in many straight forward instances, you have a claim.
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Many of our clients here at The Injury Lawyers are aware they can claim compensation for their injuries, but may not be aware they can claim for other losses. Upon approaching firms you should be given advice regarding the sorts of losses you can claim for after an accident.
Law firms tend to advise of these losses early on in the claim to allow the client to gather up past evidence of losses and save any ongoing evidence for future reference. What this evidence takes the form of depends upon the type of loss which is being claimed.
I have listed some of the more important and common types of loss below:
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Road Traffic Accidents – The Motorway
The motorway can be a scary place to drive. With cars travelling at such high speeds and in close proximity to each other there is no doubt that confidence and elevated levels of concentration are needed. Many people aim to avoid motorways – always ensuring to set any sat nav to ‘avoid motorways’ preferring to take a longer route instead. This being said however there are people who enjoy the motorway because of its ease to get places. Whatever your thoughts on the motorway I would hazard a guess that most would not anticipate having an accident whilst travelling on one that was not their fault.
There can be many reasons why accidents can happen on motorways. I have discussed a couple below.
Undertaking
When I say undertaking I mean going past someone in a slower lane. This is not only illegal but also dangerous. Undertaking could cause a situation where a driver changes lane from the fast into the middle lane in front of another car. The driver then doesn’t see or expect another car to come down a slower lane and change into the middle lane, potentially causing a collision. In this type of situation the person undertaking would usually be at fault as they should not be undertaking. In order to avoid such accidents occurring drivers should not undertake and should use the motorway correctly by driving down the slowest lane possible.
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Sustaining an injury at work can be a trying time for the victim involved. You may feel that the accident should never have been allowed to happen. You may feel your employers are responsible, and they should do something about it. You may want to claim but you are worried about the backlash from your boss.
The answers are here: read on for a quick guide on what to do in this situation, and what you’re rights are.
Do You Have a Valid Claim?
There are numerous health and safety rules and regulations your employers must legally bide by; particularly in industries involving foreseeable and obvious hazards, such as a building site or a chemical plant. These rules and regulations are there to maintain the duty of care your employers have for you and to prevent you from coming to harm.
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How a Snail Changed the Face of Product Liability Claiming
Now you may look at the above blog title and think: “what is she talking about?” Well, in answer to that – I am talking about a landmark case which changed the face of product liability claiming.
The case I refer to is Donoghue v Stevenson and was heard in 1932. The facts of the case are quite simple – Mrs Donoghue was out with a friend and went into a cafe for a drink. Her friend bought her drink – ginger beer – and they both sat down. Mrs Donoghue then proceeded to drink her ginger beer until she realised there was the remains of a snail at the bottom of the bottle.
Now, you may think – why is this a landmark case? Well, as a result of the incident Mrs Donghue suffered gastro – enteritis and nervous shock as a result of the contaminated drink. As a result Mrs Donoghue claimed compensation from the manufacturers of the product with whom she had no explicit contract (she did not have a contract with the retailer either as she did not buy the drink herself).
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