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March 29, 2011

Third Party Capture

Where you have been involved in an accident and sustained a personal injury through no fault of your own it is likely that you will be entitled to compensation.  This is because you will have been put out and should be placed back in the position you would have been in had the accident not have occurred. 

It is not uncommon following an accident that the other side’s insurers may contact you to offer you this compensation.  In fact, the thought of receiving compensation so soon after your accident will no doubt seem particularly appealing to most. 

But just stop and think for a second – if you ever receive an offer of compensation from the other side’s insurers, ask yourself: why they are offering you compensation?  Are they really doing it out of the kindness of their hearts? Or maybe they are doing it because they feel they owe you some kind of duty? Or actually is it because they know you have a legitimate claim for compensation and know that if they can get you to agree to their compensation package without you seeking proper legal advice, they will be able to settle your claim for much less than it’s true value and actually save themselves a whole heap of money.  If you agree to their compensation, that is it! You can no longer go back and ask for more – it is a final settlement.
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March 29, 2011

Bus Accident Claims

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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March 29, 2011

Road Traffic Accidents

Driving can be extremely hazardous at times, but we would hope for the most part that it is not. In order to avoid being involved in road traffic accidents we not only have to drive well and with the due care and attention ourselves, but we also have to put our trust in other road users around us and that they are doing the same.

On the most part this trust is well founded and we remain safe whilst using the roads; however, there are occasions when other road users put our safety in jeopardy. At The Injury Lawyers we see this time and again – with clients approaching us after being involved in what could have been a serious road traffic accident situation. Also, just listening to items on the radio such as traffic news updates recalling numerous accidents that have taken place on the road that day, also serves to make us aware of the dangers of the road.

Road traffic accidents most commonly happen at the meeting places of traffic.  Like I mentioned before – radio stations often report hold ups at motorway junctions or cross-roads due to accidents having taken place at these locations.
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March 25, 2011

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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March 25, 2011

Accidents on Highways – The Peril of the Pothole

I think now that we coming into Spring it is a good time to assess what damage a harsh winter has had on our highways. I know when I drive I like to at least attempt to avoid driving over potholes and thus elongate the life of my tires as much as possible. However there is not just the issue of what damage a poorly maintained road can do to your car; there is the issue of public safety.

Many clients come to us after having had an accident on the road that is due to a pothole. The most vulnerable road users are those who ride bicycles or drive motorbikes or mopeds. These types of vehicles can more easily be knocked off course causing it to collide with another vehicle or simply knocking it off course and causing it to crash off of the road. This being said, there are also many claims we have here at The Injury Lawyers where potholes have caused cars to crash.

If you have been in a road traffic accident that was caused by any type of fault with the highway, pothole or otherwise, then you may have a claim for compensation. If you do have a road traffic accident it may be important to report it to the Police. Police reports can be used as evidence in any later personal injury claim you may have. You should seek medical attention for your injuries – this not only allows your injuries to be assisted with, but also allows the medical professional to make a record in your medical notes.
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March 24, 2011

Slipping Claims

Slipping up can be the butt of many a joke; this could be due to the many a used comedy scene whereby a person may slip on an item such as a banana skin. This being said however, slipping and falling in reality is no laughing matter. At The Injury Lawyers we have seen many a serious injury caused through what may at first seem to be a minor slip.

Slipping can cause injuries such as soft tissue damage, lacerations, head injuries and even broken bones. A hit to the head caused by a slip can even cause someone to be knocked unconscious and later cause concussion.

Slipping hazards can be anywhere. It may be that you are/ have been on a night out, maybe dancing in a night club, and slipped on a spillage negligently left uncleaned on the floor. It may be that you are completing your weekly shop and have slipped on a spillage in an aisle which has been left un-cleaned, not sectioned off, and unattended. Many of our clients have slipped on floors either at work or even in restaurants whereby the floors have been cleaned and a wet floor sign has not been placed at the area warning people of the hazard. All of the above could potentially make for a claim for compensation.
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March 24, 2011

No Win, No Fee Explained

At first glance you may think you know what no win no fee means. But when it comes down to a situation when you have had an accident and it was not your fault, and you really think about the term, there may be a few questions which you may have.

Many of our clients upon approaching The Injury Lawyers with a potential claim ask questions such as:

How do you get paid if I win my case?

How do you get paid if I lose my case?
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March 23, 2011

Accidents on a Bus or a Coach

At The Injury Lawyers we have many clients approaching us after being involved in a bus or a coach accident.  Many of them are unsure if they have a claim and or who the claim may be against.  This lack of knowledge surrounding this area of personal injury may be due to the large number of accidents focused at road traffic accidents in general for car accidents.

If you have been involved in an accident whilst on a bus or a coach you may have a claim for compensation.  If the bus/coach was involved in a road traffic accident then you may have a claim against the driver of the car at fault. If the accident was the fault of the bus driver you may have a claim against the bus company. With regard to dealing with motor insurance claims your specialist personal injury solicitor will correspond with the insurance company of the party at fault on your behalf.

The above being said, accidents whilst on buses or coaches may not just be a due to a road traffic accident. Many clients come to The Injury Lawyers and we successfully claim compensation for the client falling over on a bus. In order to have a potential claim a fall must be the fault of the driver or another road user. There are many potential reasons for falling over whilst on a bus/coach; it may be that the bus jerked violently to a stop, thus knocking you over, or you may have slipped on a spillage or tripped on a trip hazard in an aisle.
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March 23, 2011

Accidents at Work – Fall From a Height

A fall from a height can occur in many different types of situations and in many different professions. You may think that just because a receptionist falls from a chair whilst changing a light bulb, or a librarian falls from ladders putting a book on a shelf, that these types of accident cannot be claimed for. This thought process may be due to thinking that it is only in the obvious types of careers such as builders, roofers, or scaffolders where height is a normal, daily part of their job that claims regarding falling from a height can be successfully made.

This, however, is not the case; it may be true that these types of claims are more common in the careers mentioned above – but anyone in any career can possibly claim compensation for a fall from a height which caused them injury and was not their fault.

Employers have a duty to protect their employees from any risks to their Health and Safety as far as is reasonably possible. They must adhere to strict Health and Safety Regulations, and particularly, in the case of this blog, the Work at Height Regulations 2005. The topic of this blog need not be on the ins and outs of this legislation.  However, what can be taken from it is that employers should plan a working at height situation carefully – it should be properly supervised and the correct equipment for the job provided. This equipment must also be properly maintained and stored with the users of it trained in how to utilise the equipment correctly.
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March 22, 2011

Road Accident Claims

Now I can hazard a guess that most of us will complain at some point about the busy, chaotic state of the roads. We seem to be always in a traffic jam whether it’s going to work (which is probably expected when it is rush hour), taking the children to school, or doing the shopping (not so expected).

With this increase in traffic on the roads it is no surprise that road traffic accidents can easily occur.

Road traffic accidents can come about in many ways; they are most common at traffic meeting places such as roundabouts and junctions. It is no coincidence that when you hear traffic updates on the radio that it mostly seems to be at a motorway junction or a crossroad. Areas such as motorway junctions can be a particularly dangerous place whereby accidents occur frequently. It may be due to traffic merging incorrectly and drivers not checking their mirrors or drivers realising at the last moment that they need to exit the motorway at a particular junction, and desperately trying to get across the motorway in order to do so – thus causing panic and a possible collision.
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