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July 28, 2011

Whiplash Claims Guide

At The Injury Lawyers we have a vast amount of experience in whiplash claiming, and so are fully aware of the debilitating effect it can have on a person’s life. That is why we treat the condition with the seriousness that it deserves, fighting tooth and nail to get our client’s the best possible amount of compensation they are entitled to receive.

Causes

At The Injury Lawyers we tend to see whiplash most commonly as a result of road traffic accidents as the injury is commonly caused through a jolt to the head / neck area. It is common for people not to report injury at the scene of an accident, but to suffer whiplash later on as the symptoms, which I will discuss below, usually become apparent a few hours later, or even the following day or sometimes longer.
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July 28, 2011

Road Traffic Accident Claiming

At The Injury Lawyers we have a great deal of experience in road traffic accident claiming. For clients that have suffered an accident after 30th April 2010 and whose claim is within a certain value, we are pleased to inform them that their claim can be run through a fast track system that can be much quicker than other common compensation claims.

The Process…

This fast track system is begun by completing a Claim Notification Form. This form is the first correspondence the other side will receive on your claim and sets out the accident circumstances in full, together with the necessary information required for your case to be investigated thoroughly. Once this is completed, it is submitted via an electronic portal over the internet, which means that all correspondence is sent and received simultaneously, therefore making the claiming process much faster and more streamlined. After this is submitted, the other side have one business day to acknowledge the claim, and 15 business days to provide their response regarding liability. This is in stark contrast to the system of old which allowed the other side nearly 4 months to respond.
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July 27, 2011

Work Accident Claims

If you have been injured at work through no fault of your own, you may well have a successful claim for compensation.

Your employers have an important duty to ensure that your health and safety is maintained at all times whilst you are at work, and there are a number of rules and regulations that they must abide by. If your accident and / or injuries were caused because your employers failed in this important duty of care that they have for you, their insurance should cover you and compensate you.

So – how do you make a work accident claim, and what does it entail?
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July 27, 2011

Whiplash Compensation – How Much?

Whiplash can be experienced very mildly or extremely severely, and so can have little effect on your life or an extremely debilitating effect on your life. This is why valuing a claim for whiplash can be difficult; some sufferers can recover from the condition in a matter of weeks, whereas others can suffer for months or years. As you will probably have gathered, there will be extremely different valuations placed on the two extremes I have just outlined above, and the point of this blog is to let you know how solicitors come up with these valuations for your claim.

A solicitor will use a wide range of tools to value your claim – I have set these out below:

  1. Judicial Studies Board Guidelines: The JSB guidelines band neck injuries for the purposes of valuations – I have set out these bands below;
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July 27, 2011

Compensation Claims for Children / Minors / Protected Party

This blog is designed to be a quick guide as to how a child or person deemed a ‘protected party’ under the Mental Capacity Act 2005 can bring a claim for compensation for injuries arising from an accident that occurred through no fault of their own.

As you will no doubt agree, a child or a ‘protected party’ is in no position to bring a claim for compensation on their own accord.  Can you imagine, for example, your five year old boy solely dealing with lawyers and obtaining compensation? I thought not.  So that a child or a protected party is able to bring a claim for compensation the law states that they will require a ‘litigation friend’. 

A litigation friend is a person, a responsible adult, who will act on the child or protected party’s behalf and deal with their claim for compensation for them.  In most cases a litigation friend will be a parent or a guardian, but equally a litigation friend could be a carer, social worker, another relative or close family friend.  The most important thing is that the litigation friend is someone who is trusted and will do their utmost for the injured party to help their claim for compensation.
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July 26, 2011

Why Make a Claim for Compensation?

There may be many accident victims out there suffering from their injuries and wondering whether to make a claim for compensation – hence the reason for writing this blog. If you have been involved in an accident that was due to the negligence of another, and you have been injured as a result, you may be entitled to make a claim. I have listed below some of the main benefits of beginning a claim, many of which you may not have realised existed.

Compensation for Injury

I will begin with the most obvious reasons why people begin claims for personal injury, and that is of course for compensation for their injuries.  This compensation is meant to reflect both the pain and suffering due to your injuries as well as your loss of amenity.  Loss of amenity means the adverse effects the injury has had on all areas of your life.
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July 26, 2011

Whiplash Treatment

Whiplash is actually a pretty complicated injury.  There can at times be no telling how long your whiplash will last for, and the amount of pain and suffering you will have from your whiplash injury can vary significantly between different people.  If anything, and I hate to break the news to anyone who has just sustained a whiplash injury, the pain and suffering is likely to get worse before it gets better.

Some symptoms of whiplash:

  • Neck, back, shoulder pain or stiffness
  • Headaches
  • Pins and needles
  • Light-headedness / headaches

Treatment:
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July 26, 2011

Who do you go to with your Personal Injury Claim?

So – you are in a situation where you have had an accident that was not your fault, and you feel that you may have a claim for compensation; but where do you go with your claim?

You can probably guess that in the following blog I will include a lot of positives about the service we offer here at The Injury Lawyers; but apart from informing you of the positives of our firm, I wish to give you a concise guide to choosing the right law firm for you.

Go direct to a law firm…
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July 26, 2011

Uninsured or Untraced Claims

If you have been unfortunate enough to have been involved in an accident with an uninsured or untraced driver (i.e. the driver fled the scene without leaving their details), then you may still be entitled to claim for compensation through an organisation known as The Motor Insurers Bureau (or MIB for short).

To not be able to claim for an injury caused by a road accident that was not your fault would simply be unfair and unjust; hence why The Motor Insurers Bureau (MIB) was set up in order to deal with uninsured and untraced claims. The MIB also deal with hit and run cases under its untraced agreement.

The MIB is funded by motor insurance companies and helps around 25,000 people per year make a claim. The fact that it is funded by the insurance companies means that, ultimately, they are funded by us and our insurance premiums – the MIB have calculated this cost to be around £15 – £30 per policy a year.
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July 26, 2011

Tripping Claims

Tripping claims are one of the most common types of claim that we see here at The Injury Lawyers. If you have tripped over due to the negligence of another, and you have been injured as a result, you may have a claim for compensation.

I have listed below some of the more common types of tripping claims that we see here at The Injury Lawyers:

Tripping over on the street on defective paving or raised/unsecured manhole covers – in this instance it is likely that your claim will either be against local council, a gas or electricity company or a water board. With these types of claims it is advisable to instruct a specialist personal injury lawyer with experience in handling claims against the Council. This is because claiming against the Council can be difficult as their duty only extends to regularly inspecting and maintaining the land for which they are responsible. Therefore, if they can prove they have kept up with their inspection and maintenance policies, they can easily defend a claim.
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