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January 25, 2011

Whiplash Claims and Compensation

Whiplash is a common injury arising from road accidents. It’s caused by the sudden movement of the neck or head in a jolting fashion which is normal after an impact. Unfortunately, whiplash is a much more complicated injury than you’d think. In fact, if you are reading this and you are having the symptoms, you may be in for a bit of a shock. Here’s a guide on how it all works:

Whiplash Symptoms

  • Pain / stiffness / inflammation of the neck, back, and shoulders. Pain can radiate in to other areas as well (arms, legs etc).
  • Headaches – normally common directly after the accident.
  • Reduced movement in the affected area, and / or muscular spasms.
  • Pins and needles and / or numbness in the hands and arms.
  • Dizziness and tiredness – even vertigo in some cases.

A whiplash injury is generally hard to predict in the early stages. It affects different people in different ways, and is often subject to the force of the impact you have been involved in. You could be suffering for a couple of weeks, or you could be suffering for months and months.
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January 21, 2011

Accident Claims: Who Are YOU Going to Call?

Certainly not the Ghostbusters! But it can be a confusing time when you’ve had an accident to know exactly what to do. With so many law firms out there all promising to deal with your claim in the best way, who should you go with? If you’ve had a road accident, you’re probably being inundated with calls from the other driver’s insurers offering you quick cash settlements, and your own insurers are probably calling you to make you go with their own appointed legal team!

It’s confusing!

So, here’s a little advice on what to look for in a law firm, and what to avoid. But first things first; take a breather, and do your homework!

Injury Lawyer – Get Your Own!

Never let another company, especially your own insurers, a breakdown or garage service, or any other company whatsoever offer to “pass you to the best lawyer”. Avoid them at all costs! The clue as to why you must avoid them is in the statement: Costs!

If you let your insurers appoint their own “in house”, or “appointed”, or “recommended” lawyers, you’re in for a rough ride.  All the insurance companies do is sell the claim on to the highest bidding law firm on their panel. It’s often known as Legal Expense Insurance, or Legal Protection, and it’s an absolute scam. The money the lawyer wastes on buying your case comes straight from the running costs of your claim – leaving you with a poor service, and a lawyer with less money to fight harder for a top payout.
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January 20, 2011

Accidents Abroad

Here at The Injury Lawyers we are only too aware of the frequency of which accidents happen.  We receive numerous calls each day informing us that people like you and me have sustained some form of personal injury through no fault of their own.  In many cases the unfortunate individual may have been involved in a road traffic accident, slipped or tripped while walking, or have sustained an injury when carrying out their normal duties at work.  Typically, these accidents occur within the United Kingdom.  So, what happens if you sustain a personal injury which is not your fault whilst you are abroad?

Just imagine that nightmare scenario.  You have booked the holiday of a lifetime.  You have waited to go on this holiday for the best part of a year.  The time to go on that dream holiday has come around.  You arrive at your destination, settle into your hotel, and go about those usual holiday activities.  Unfortunately, only days into this dream holiday you are unfortunate to have injured yourself by tripping over some defective paving situated only metres away from the pool you intended to spend much of your time in.  Are you able to make a claim for compensation?  After all, you have sustained a genuine injury that, should you have sustained while at home, you would have been entitled to claim for compensation.  If you have been involved in an accident abroad it is important that you seek the advice of a quality injury lawyer.  It is only by doing this that you can find out whether you can make a claim for compensation, and it is also the first steps to you getting that compensation you may deserve.

If an accident has occurred while you are outside of the United Kingdom, it does not restrict your ability to obtain compensation.  If you have been injured at your resort, have been involved in a road traffic accident when using a hire car, or have gone on an excursion, and any of these have been organised by your holiday company  as part of a package, you can make a claim against the holiday package provider right here in the UK!  Most UK based lawyers will be able to assist you with this. If the claim is against a party directly abroad, you may need to enlist the help of a lawyer specialising in foreign injury cases.
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January 20, 2011

Working at a Height Claims

Many careers are obviously ones which entail working at a height; these include those in the building trade, TV aerial installers, or tree surgeons.  Working at heights, however, can cover any one of us – for example a receptionist being asked to change a light bulb at height or a librarian attempting to reach items high up on shelving.  So we can see that this type of situation can affect any one of us, so personal injuries resulting from working at height situations are becoming increasingly more common.

If an employer asks or expects their employee to work at a height then they must comply with the Working At Height Regulations 2005.  You do not need to know the full detail of this legislation, but it is useful to know a few key points.  Working at height should be properly supervised and planned – the correct safety gear and equipment should be checked prior to use and should then be used accordingly.

An employer that oversees employees working at height should know at least the minimum requirements of the Working At Height Regulations.  If these regulations are not followed correctly then there is a high chance that an accident could occur: the most common of these accidents being falling from ladders, falling from scaffolding, or falling from a roof.
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January 19, 2011

Product Liability Claims

I imagine that some of those reading this blog may be aware of the case I am about to briefly outline.  It involves a cup of coffee purchased from a McDonald’s restaurant in America nearly two decades ago…

The Claimant, Ms Stella Liebeck, suffered very serious burns, in particular to her legs, as a result of her spilling a scalding hot cup of coffee on her lap.  In fact, Ms Liebeck was hospitalised for over a week, lost a fifth of her body mass, and required medical treatment for two years.  It was considered by the judge that the coffee was too hot and in fact far hotter than any coffee served by other food and drink outlets – and was inadequately labelled as to warn Ms Liebeck, and other coffee drinkers, of the potential hazard it posed.  While McDonalds stated that they purposely served their coffee extremely hot so that commuters who purchased the product would be able to drink it for longer, others have suggested that McDonalds ensured that their coffee was piping hot so that their customers could not drink it straight away in the restaurant and would therefore not gain a refill!  Either way, Ms Liebeck was awarded nearly $650,000 compensation.

Some may argue that coffee is obviously going to be hot, and that accordingly, the risk is clearly apparent.  Indeed, many have argued this and suggested that the case can only be described as ‘frivolous’ and ‘ridiculous’.  This blog, however, does not intend to argue the rights and wrongs of that case, but to raise awareness of the potential compensation you may be entitled to should you have suffered a personal injury as a result of a defective or dangerous product.
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January 18, 2011

Cycle and Motorcycle Accidents

The recent news of the death of former British boxing champion Gary Mason whilst he was cycling on the roads of South London, brings road safety whilst on bicycles, motorbikes, scooters and mopeds to the forefront of our minds.

Sadly, road accidents involving the vehicles named above are increasingly common.  This is due to the roads getting busier and the fact that vehicles such as motorbikes seem to appear out of nowhere.  Most accidents involving motorbikes happen due to traffic meeting at junctions, crossroads and roundabouts, bad weather conditions, or items being in the road.  It is also not a too uncommon sight whilst driving, especially around student areas, to see a bus pulling into a stop and narrowly missing a cyclist.

Statistics seem to suggest that motorbike accidents in the UK occur most prominently in males between the ages of 30-39.  This is a group of people who are most likely to be the main breadwinner, maybe supporting a family, and are coming towards the peak of their career.  It would therefore be imperative for anyone who has been involved in such an accident to contact a good personal injury lawyer with expertise in this area as soon as possible in order to get the claim underway, get liability admitted, and put forward an application for interim payments.  Interim payments are payments which can be obtained for victims of accidents before settlement of their case to ensure they are not suffering financially whilst waiting for their case to come to a conclusion.
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January 18, 2011

Supermarket Accidents – A Guide

Most of us visit a supermarket maybe once a week to do the ‘big’ shop, as everything is conveniently under one roof, and we often save a lot of money doing all the shopping in one big go.  However, we don’t expect this convenience to come at a price to us and for us to have an accident in a store

It may come as a surprise but supermarket accidents are becoming one of the most common types of personal injury claims.  This can be due to items being poorly stacked on shelves and falling on you, slipping on a spillage, or tripping on an item left in the aisle.  If you have been involved in an accident in a supermarket then you may be entitled to make a claim for compensation for your injuries.  It is the duty of the supermarket to ensure the safety, as much as is reasonably possible, of their customers is maintained whilst shopping in store.  In order to avoid such an accident to one of their loyal customers, supermarket employers must make sure the necessary checks are carried out for trip and slip hazards, and to ensure to train employees fully in all key areas of health and safety.  The supermarkets must comply with all the Health and Safety standards.

If you have been involved in an accident whilst in a supermarket, and it was not your fault, here are some tips:
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January 18, 2011

Accidents at Work

Picture this. You are a footballer only days away from the greatest game of your career.  You go to work, carry out your normal duties, and end up with a groin injury that could prevent you from fulfilling your boyhood dreams.For Mark Peat, goalkeeper of lowly Berwick Rangers, this was somewhat of a reality. Just days from his mouth-watering clash with Scottish Premier giants Celtic, Mark ‘felt a wee pop in [his] groin’. The Daily Record reports that Mark, who works for Greggs the baker, was going about his usual daily tasks, which typically include loading and transportation duties, when he suffered a groin injury.  On this occasion it would seem that Mark was simply pushing a roll cage around a Greggs factory when the incident happened. For Mark, as I am sure many can imagine and sympathise, the timing of the injury could not have come at a worse time. Luckily for Mark however, the effects of his injury wore off in time for him to face Celtic. Sadly, on this occasion, Mark’s heroics were not enough to spare Berwick from defeat, losing, commendably, by only 2 goals to nil.

It just goes to show that injuries can occur at any time, and the workplace is just one arena in which incidents can happen. Fortunately in Mark’s case, his injury was relatively minor and he was able to resume normal activities in no time at all.  Moreover, it is not even to say that his injury was directly attributable to his working practice.  However, here at The Injury Lawyers we hear of accidents at work on a daily basis and we cannot stress how important it is, if you have been injured in your workplace, to the get the advice of a professional injury lawyer so that they can advise you as to whether you are entitled to make a claim for compensation.

It is important to understand that your employer owes you, as an employee, a duty of care. They must look out for your health and safety. – e.g. – ensuring that your workplace is safe by maintaining equipment or reducing your risk of injury by providing you with the correct clothing and equipment; by way of the Health and Safety at Work etc Act 1974, your employer must acknowledge your health and safety concerns.
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January 12, 2011

Claiming for Compensation

Many people believe that making a personal injury claim is a difficult and lengthy process, made worse by the likelihood that the other side will do everything possible to avoid admitting liability. As such many people have been put off making a claim for personal injury when in fact they are entitled to thousands of pounds in compensationThis guide has been created to assure those with genuine personal injury claims that your injury lawyers will do everything they can to settle your claim at the earliest opportunity

The process of making a personal injury claim has been made a great deal easier by the introduction of the Pre-Action Protocol for Personal Injury claims. This Protocol sets out a series of simple steps that are to be taken by both sides in order to settle your personal injury claim as soon as possible. We will firstly produce a Letter of Claim which outlines your accident, the injuries you have suffered and details of any financial losses you have incurred as a result of your injury. We always produce a thorough Letter of Claim to ensure investigations of your claim can begin straightaway. This Letter of Claim is sent to the other side who have a period of 21 days to acknowledge receipt

In most cases the other side will pass the Letter of Claim to their insurer or solicitor within the 21 day period.  As soon as the Defendant or his/her insurer or solicitor acknowledges the Letter of Claim they are allowed a period of three months to investigate your claim.  Importantly, this is not to say that these investigations will take three months, this is purely a deadline in which the other side must come back to us stating whether liability is admitted or denied.  During this three month period we will contact you fortnightly to make sure you are always up-to-date on the progress of claim.  We also regularly chase the other side for their position on liability.
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January 12, 2011

The Big Freeze

The “Big Freeze” is something which has no doubt affected each and every individual within the UK in one way or another. The overwhelming amount of snowfall appears to have hit the UK unexpectedly, bringing certain areas of the country to a standstill. Highway authorities have been criticised for being unprepared for these conditions, resulting in numerous road closures across the country. A number of unfortunate drivers were stranded on the motorway and had no other option but to sleep in their cars!

Considering the havoc and chaos which this mere snowfall has caused, taking into account the road closures, airport closures and business closures, it would seem that the only people who will have benefited from these adverse weather conditions would be the sledge suppliers!

Inevitably, as a result of these weather conditions, numerous people have been involved in unfortunate accidents and sustained injury. So where would those individuals who have personally suffered injury as a result of these conditions seek remedy? Questions of course would follow from this, such as – (1) who would be held accountable for this injury?; and (2)what type of injury was sustained?
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