The consequences of Contributory Negligence
Have you suffered an accident resulting in injuries which would not have occurred “but for” the fault of someone else? If you have, you may have a claim; but what happens if you are partially at fault for the accident or have done something that has contributed to making your injuries worse?
Here is a little insight in to how it can affect your claim if someone else is at fault, but you are partially to blame in some way as well.
What happens if you do not agree with the contents of a medico legal report?
Medico legal reports are often essential in valuing your claim for personal injury compensation and proving that the injuries caused were a result of the accident or incident you are claiming for. The expert will produce a report that will provide their findings.
But what many people don’t understand is that the expert is independent and their duty is to the court. As such, we can’t just ask them to produce a favourable report. They must put their reputation on the line and give their best professional opinion.
So what happens if you don’t agree with their opinion? What options do you have?
Is it too late to make a claim? – Time is running out…
PLEASE NOTE: This is only for general guidance only, and you should always seek proper advice from a qualified personal injury lawyer to accurately calculate your limitation to claim period.
For the majority of cases in England and Wales, you have three years from the date of an accident in which to make your claim for personal injury compensation. What this normally means is that you must either have settled your claim or issued court proceedings before the three year anniversary of the accident.
Three years may seem like a long time, and can even feel like ages away. But it isn’t…
Lower Noise Levels Still Loud Enough for Liability
This week the Court of Appeal presided over the case of Baker and Others v Quantum Clothing and Others. This case concerned the liability of an employer in the knitting industry of Derbyshire and Nottinghamshire for employees’ loss of hearing caused by exposure to noise at a lower level than was previously recognised as giving rise to liability.
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Work Tools: Equiped for the Job?
When performing a task it is important to use appropriate equipment to allow you to complete it with minimum risk. In the workplace, employers have a duty of care, born out of the law of negligence, to provide such a task. The legislation governing this is in the UK is called the Provision and Use of Work Equipment Regulations 1998 (also known as ‘PUWER’). It is supplemented by several more closely defined regulations for specific types of equipment.
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Once liability has been established in a road traffic accident it is still the case that the person who suffered an injury has to prove that the negligent party not only caused the accident but caused the injury as well. In most cases this is not a problem as one invariably leads to the other. However, there are some defences that may be put forward by the negligent party in an attempt to reduce the compensation awarded to the claimant.
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Liability in Road Traffic Accidents
In road traffic accidents in order to recover compensation there needs to be an establishment of fault. It is usually the case that one of the parties will have lapsed in concentration or failed to follow the Highway Code. But you might be interested to know exactly what the standard of care owed by a road user is so we’ll look to give you some idea here.
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Your Single Most Important Whiplash Question Answered Instantly…
If you have any questions about pursuing a personal injury claim – whatever it may be, just post your query as a comment below this blog and I promise to post an answer immediately,
As an expert Personal Injury Lawyer with many hard years of practice you might want to ask me about:-
I have been specialising in Personal Injury Claims for many years now and have a vast amount of knowledge and specialist experience that I would love to share with you…
If for example you have sustained a whiplash injury then just reply to this post with the details of your injury and I promise to come back to you with my valuation of your whiplash injury claim at my earliest opportunity..