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August 29, 2012

JSB Whiplash Guidelines

Please note that the information below is provided as a rough guide to how much whiplash injury claimss can be worth. Settlements should always be based on medical evidence to avoid the risk of under settling. Please do not take the below information as a definite value for your claim – always speak with a solicitor.

The JSB (Judicial Studies Board) whiplash guidelines provide rough estimates to what you could expect to receive when suffering from a whiplash type injury. As you will see, the brackets are rather wide ranging- this is because, realistically, nobody can EVER know how much your claim is worth prior to medical evidence. This is to avoid what is known as “under settling”.
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August 29, 2012

Passenger in a Vehicle Driven by a Drunk Driver Can I Claim?

Although it is never a good idea to get in a vehicle when the driver has been drinking, it does not mean that you cannot make a claim for personal injury if the trip ends in an accident – and let’s be honest, this is more likely than not.

The normal guideline is that as a passenger, you are an innocent party and cannot be at fault for the accident. This therefore entitles you to receive 100% of any compensation that is awarded.

However, getting into a vehicle knowing the driver has been drinking does have consequences for a claim for personal injury. The insurers of the driver of the vehicle will more than likely argue contributory negligence for passengers making a claim for personal injury in these types of circumstances.
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August 29, 2012

Claiming Against the Council for Potholes

With the lovely weather we have here in the United Kingdom, it is not surprising the amount of potholes that have appeared on the roads and pavements.  As someone who commutes to and from work on a daily basis, I have experienced the far from smooth ride which often involves my car dipping down unexpectedly and rattling my very bones. However, potholes, although annoying, can be dealt with rather easily when in a car and usually do not pose an immediate risk of injury.

This is definitely not the case when you are not in the car, but on foot or a bicycle. Here at The Injury Lawyers we deal with a high volume of personal injury claims that have been caused by someone either tripping over a pothole, or alternatively, riding a bike when the front wheel gets caught and consequently results in the cyclist being thrown from the bike.

It is important to stress that these are not straightforward cases and therefore should not be approached lightly. One of the first things we require to assess is whether we are able to pursue your claim, are photographs are extremely important for this.
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August 29, 2012

Hit from behind car accident claims

Slowing down, stopping and emergency braking can be hazardous to road users, simply because of the fact that the driver behind could be following too closely or not paying enough attention to what is in front of their vehicle.

The gap between vehicles travelling in average conditions should be at least 2 seconds according to guidelines. This should be enough time for the driver behind to see the brake lights and begin to slow and stop themselves.

The amount of road accident claims that we receive here at The Injury Lawyers involving vehicles being hit from behind, tells us that a very significant number of drivers do NOT follow the two-second rule!
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August 27, 2012

Mitigating and Minimising Your Losses

In a claim for personal injury you can recover damages for the injury itself (this is known as General Damages) and you can recover damages for any losses that you have incurred as a result of the accident (this is known as Special Damages).

In all personal injury claims you are under a duty to mitigate or minimise your losses. I will attempt to explain just what this means for you as a Claimant.

Say for example that you sustained injury due to a pothole in the pavement, you stepped in the pothole and unfortunately twisted your ankle and fell to the floor. You can recover General Damages for your injury (twisted ankle, bruising, cuts etc) and you can recover Special Damages for any losses that you may have incurred (damaged/torn clothing, unable to use your gym membership for a few months, lost earnings etc). With Special Damages it will often require some form of proof that you have suffered the loss –  so where possible you should retain receipts and records.
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By Editor
August 27, 2012

Claiming against the Hospital

Claims against the hospital – commonly medical negligence claims – are bound to be more sensitive that most personal injury claims.

We are fortunate in our country that we have access to the National Health Service (NHS) but we are still entitled to make a claim if we have sustained injury or have been adversely affected as a result of medical negligence. A first thought is that it can seem harsh to sue the NHS, given that it provides medical treatment free of charge and in theory it is only there to help people who need treatment.

On the other hand people pay taxes and in effect it is these taxes which run the NHS – so ultimately it is a debate in itself whether it is a free service. Another point is that the NHS, as with a private company, has insurance in place for the sole purpose of paying out compensation to injured victims. The fact is that there is no shame in making a compensation claim; if you have sustained a genuine injury as a result of medical negligence then it is your right to claim. The insurance the NHS has is actually more of a self insured department called the NHS Litigation Authority.
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By Editor
road traffic accident claims
August 27, 2012

Can I still work with Whiplash?

To begin with, it may be best to consider what a whiplash injury actually is. Whiplash is an injury to the soft tissue in the neck, back and shoulders area where the tissue is stretched and strained after the body is thrown or jerked in a sudden, forceful movement. This is most common in car accidents.

The symptoms of whiplash commonly include pain in the neck, back, shoulders and arms. Other effects include dizziness, nausea and more often headaches. Although whiplash can be quite minor and resolve after a few weeks, more serious circumstances mean that you could be suffering for up to a year.
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By Author
August 27, 2012

Pre Medical Offer

Let’s get straight to business on this one – a Pre-Medical Offer is not something that should be taken lightly. As the name may or may not suggest to you, in the world of personal injury claiming, this is an offer made to a Claimant (you if you are making a personal injury claim) to accept a sum of money in settlement of a potential claim.

It is usually made by the other parties’ insurers and it is an offer made before you have been for a medical assessment of your injuries. By medical assessment, we mean a legally, organised one – not a visit to your own GP! The aim is to get you to settle your claim before you have had your medical report.

Right now you should be asking yourself the question, “if I’m claiming for an injury but I haven’t had a specialist look at it then how do I know how bad it is?” The answer is that you don’t.
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By Editor
August 24, 2012

The Best Personal Injury Lawyers in the UK

How do you know who the best injury lawyers in the UK really are? Well luckily we can answer this question for you – because we know exactly what it is you should be able to expect from a quality injury lawyer to make sure you get the best service and the maximum amount of compensation possible.

Naturally, as we are The Injury Lawyers, a firm of specialist personal injury only lawyers with years of compensation claiming experience behind us, we do all we can to make sure that what we do is better than the rest. And to be honest, we can prove that it is (in our opinion).

It’s easy to start by simply understanding what it is a person needs when they are making a CLAIM for compensation.
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By Author
August 24, 2012

Health and Safety – Working With Supermarket Cages

Supermarket cages (also known as roll containers, roll cages, roll pallets etc) can be a danger to you, whether you work in a supermarket or simply shop in one. Unfortunately many accidents involving supermarket cages have happened in the past and continue to happen to date.

The Research Report 009 titled “Safety of roll containers” describes a roll container as follows:

“Roll containers are half pallet-sized platforms, with four running castors and with a wire cage used to contain goods during transport. They may be used to transport goods in a lorry between a warehouse and a retail store for instance or within a supermarket to transport goods from the store room to the sales floor.”
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By Editor
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