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It’s October! And what can be scarier than the month of Halloween? How about being injured in an accident that wasn’t your fault! So how can we make you feel better… ?
The world of personal injury is a complex and a competitive industry, and there are loads of lawyers to choose from; each of them claiming to be specialists solicitors! So if you have had an accident that wasn’t your fault, why should you claim for compensation and who should you seek advice from?
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Limitation Claims – Don’t Miss Out!
You may have heard or seen the adverts: Have you had an accident in the last three years that wasn’t your fault? – So what is this three years they talk about? It’s called the Limitation Period, covered under British law as the Limitation Act 1980.
What it means is that in most accident claims you have three years from the date of the accident for proceedings to be issued or the claim becomes statute barred meaning a claim cannot be initiated or continued unless you have obtained special permission from the court.
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If you can prove that the other party intended to inflict some sort of pain or injury on you then this will be deemed a criminal offence and it is likely you will be successful in a claim for personal injury compensation.
However, if the other party did not injure you intentionally you will have to prove that they were negligent in their actions. The standard of proof is much higher in sporting claims and a simple misjudgment or gut reaction will not suffice. At the very least there must have been a breach of the rules and this still may not be enough to prove negligence.
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If you are a victim in the UK of a violent crime, you may be entitled to make a claim for compensation. What is classed as a violent crime? A crime of violence is a criminal act which includes actual violence to a person, or even the threat of violence against a person. These violence’s come in forms such as injury caused by a weapon, rape and even child abuse. Injury doesn’t have to be an actually wound caused by the violence , your injury may be a psychological injury. For example if someone threatens you with an act of violence this may cause you great stress, disturbed sleep and anxiety.
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Many of us are familiar with the above phrase but what is it, who does it affect and what are the symptoms? The first point to make is that it has changed its name! It is now referred to as Hand-arm Vibration Syndrome (HAVS). The term was altered as other symptoms may be present other than white fingers.
What is and what are the symptoms?
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What is it?
Your spinal cord extends from the brain down through a spinal canal. There are nerves that branch off from your spinal cord which send signals to and from muscles and other parts of the body. These signals give information to your brain for example, when something hurts, pain signal are sent. Other signals are sent such as touch and sense of position, so your brain knows what your body is doing at all times!
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RSI – Repetitive Strain Injury
Many of us associate personal injuries with accidents such as road traffic accidents, a slip or trip and work involving manual labour. However, how many of us realize that sitting at our desks in a regular office can have a detrimental effect on our health and cause us some significant injuries?
Repetitive Strain Injury (RSI) occurs in approximately 1 in 50 office workers in the UK and it is estimated that nearly 5.5 millions working days were lost due to the condition last year alone!
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If you can establish that another person is liable for an accident which cause you harm/loss, not only will you be able to claim for physical injuries sustained, you will also be able to recover for any psychological harm incurred.
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MIB in Crackdown on Uninsured Vehicles
The number of uninsured vehicles on the roads has increased again, with the Motor Insurers’ Bureau estimating that over 1.7 million people drove vehicles which did not have cover in 2008. The worst culprit was Greater London, where a staggering 13% of vehicles were found to be uninsured, closely followed by Merseyside 12% and Greater Manchester 10%.
Under section 143 of the Road Traffic Act 1988, it is an offence to use a motor vehicle on a road unless there is a policy of insurance in place, with third party insurance the minimum to be allowed.
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In the vast majority of compensation claims the compensation settlement is full & final! It is therefore important to make sure that all items of claim are in order when you are in a position to settle your claim. A final payment is once and for all, even if you continue to suffer longer then expected or, further injuries come to light after you have settled your claim.
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