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If you have been involved in an accident that was not your fault, and as a result you have been injured, in all likelihood, you will be due compensation. This is not just compensation purely for your injuries. You are entitled to be compensated for all losses you have suffered that arise directly out of your accident.
So, for example, if you have been involved in a road traffic accident and have ended up with a broken arm, and had to take time off work, you are entitled to be compensated for any loss of earnings you may have suffered whilst you were away from work. If you are paid £250.00 a week, but were only able to get statutory sick pay during your time off, then you can make a claim for the difference in earnings. I have compiled a quick guide as to your potential heads of claim:
Loss of earnings
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Having an accident at work can be a traumatic event – especially when it was not your fault. You may feel that you are entitled to bring a claim for compensation, but you are reluctant as you do not know what the reactions of the more senior colleagues at work would be. Well, this is why we are here to act on your behalf – and it should be borne in mind that employers should have insurance in place to deal with matters such as these.
Employers should also be appreciative that a matter of health and safety has been brought to their attention, giving them the chance to rectify it and so avoiding further accidents in the future.
Employers do have a duty to protect their employees from risks to their health and safety. Employers should take all reasonable steps to ensure compliance with strict health and safety standards. So, if you have had an accident at work that was not your fault, you may be entitled to compensation.
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Whiplash is one of those conditions which can be undermined and overlooked by many. One reason for this may be that it is not so plain to see as a broken bone or a laceration – so many people can discount it. At The Injury Lawyers, we take the exact opposite approach; we know the severe pain it can cause, as well as the devastating effect it can have a person’s professional, social, and domestic life.
Symptoms
The symptoms of whiplash can vary from person to person – they can include:
- Pain, stiffness and/or tenderness of the neck
- Swelling of the neck area
- Headaches
- Pain radiating to the shoulders or even down the back
Road Traffic Accident Claiming
Road traffic accidents are on the increase in many parts of the UK. This is no surprise as many road users out there may have noticed the ever increasing amount of traffic on the roads today. This, coupled with the fact that everyone has busier and busier lives and so seem to be always rushing, means that the roads are clogged with drivers that may not be paying the necessary care and attention on the road.
This increase in road traffic accidents is one of the reasons there has been a new system put in place to deal with road traffic accidents that took place after 30th April 2010. This system makes claiming quicker, simpler, and more stream-lined – this can only be good news to any potential road traffic accident claimant out there.
The new system is set up into a 3 stage process and is completed electronically so correspondence is exchanged instantaneously. The first stage begins with the Claim Notification Form. This is the first item a defendant will receive regarding your claim which sets out the accident circumstances amongst several items of important information. The matter is normally dealt with by the Defendant’s insurance company whom have 15 days to respond to the Claim Notification Form giving a decision as to whether they admit or deny liability. This is in stark contrast to the nearly 4 month period the insurers have under the old system.
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People may have mixed feelings regarding work. Some dislike work and dread going into the workplace, whereas others relish the idea of work and enjoy it immensely. Whatever your feelings on work, I can hazard a guess that you would never anticipate having an accident there which was not your fault.
Employers have a duty to protect their employees from risks to their health and safety as far as is reasonably possible; they also have to comply with strict health and safety regulations. Therefore, if you have had an accident at work which was not your fault, and you feel that your employer has failed in this important duty of care they have for you, you may have a claim for compensation.
General safety around the workplace
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The Compensation Claims Process
Most people are now aware that if they have been involved in an accident which was not their fault, and a result of which is that they have sustained an injury, then it is likely that they will be able to make a claim for compensation. This is mainly due to a greater awareness and the flurry of television adverts in recent years which briefly explain that in certain cases where you have been injured, a compensatory award may be appropriate. So how then, if you have been injured by a negligent third party, do you go about making a claim for compensation?
The first step is to get in touch with a quality injury lawyer with years of experience. This is because they specialise in this area of law, and it is likely that they will have pursued numerous claims with similar circumstances to your own. This professional injury lawyer should be able to give you some free no obligation legal advice. This is certainly how we work at The Injury Lawyers. At The Injury Lawyers, we also provide our services at no cost to our clients. Whether your case wins or loses, we will not be charging you. That is unless after we’ve done months of work, or even years of work, you decide you no longer want to go ahead with your claim. The injury lawyers you chose should work under a genuine no win, no fee agreement.
Your quality injury lawyer should explain the likely stages of your claim. These are dealt with by way of the Pre-Action Protocol for Personal Injury claims. The first stage of this process is for your injury lawyer to produce on your behalf the letter of claim. This will outline all your accident details and state why we believe the negligent third party are liable for your injuries and should compensate you. This will then be sent to the negligent third party who has a period of 21 days to acknowledge the letter and pass it over to their insurers / solicitors / claims representatives, or start their investigations. By law, the other side are entitled to three months to investigate your claim. Importantly, this is not to say that they will require this full three months investigatory period. In many cases the other side are able to provide their position on liability much sooner.
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Sport is big part of a lot of people’s lives. Football is probably England’s most popular sport – on a Sunday in particular, a lot of people go to their local playing fields to compete against each other in regional league matches. Even if people aren’t playing sport, they are watching it or reading about it. There are numerous channels on television which are dedicated to sport, and even the channels we find on freeview for example have a substantial content which focuses on sport or showing sporting events. In the newspapers, the back pages are dedicated to sport, and some papers even have dedicated sporting pullout pages.
There can be little doubt that sport is massive in England, and there are a lot of people who are in someway involved in sport; whether that it through direct participation or alternatively a keen interest.
For those who play sport, you will be all too familiar with the fact that injuries do occur while you are participating. Some are minor and go away quickly, whilst others are worse and may require you to have a number of weeks, or even months on the ‘sidelines’. In most cases these injuries will occur by chance and will not involve an interaction with any third party. But: what if you suffer an injury because of someone else? Even if this injury is caused by accident, can you still make a claim for compensation?
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The Personal Injury System Explained
Many clients that approach The Injury Lawyers know that they may be entitled to compensation. This may be due to a heightened exposure for personal injury claiming through advertisements and marketing ploys. This being said, many clients do not know the time scales and processes involved in a >personal injury claim, and many are reluctant to begin a claim without this understanding. This blog, therefore, aims to set out a brief overview of the system.
Many of the clients that have claims at The Injury Lawyers do so under the Pre-action Protocol for Personal Injury. This protocol dictates how many types of personal injury claims should be dealt with. In order to comply with this protocol, a Letter of Claim should be produced by your lawyer – this sets out all the circumstance of your accident, and the negligence involved on the part of the Defendant.
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This is a common question I am asked by new clients I have provided advice to after they have confirmed they are happy for us to deal with their claims. In all honesty, it’s a difficult question to answer.
There is somewhat of a misconception amongst people that all claims go to court. This isn’t the case – in fact, most claims don’t get anywhere near court. So, never be put off from claiming because you are worried about having to stand up in court and give evidence in front of a judge and a jury.
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Whiplash to many can be a condition which is overlooked or undermined, as it is not so plain to see as a broken bone or a cut. At The Injury Lawyers, our view is quite the opposite as we have first hand experience through many of our clients who report the devastation it has had on their personal, domestic, and professional lives.
Symptoms and Causes of Whiplash
Whiplash is a common injury we see here at The Injury Lawyers – normally resulting from road traffic accidents. They can, however, occur from a whole range of accidents, such as falls from a height, or slips on a wet floor. Basically, anything which can cause a sudden jolt to your head which in turn causes your neck to move beyond its normal range could cause you to have a whiplash injury.
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