Your Losses and your Duty to Mitigate
Compensation is meant to put you back in the position you would have been in had you not ever been involved in the accident.
This means that, not only are you entitled to claim back for your injuries, but also for any financial losses you have suffered as a result of those injuries.
In order to give you an idea of what losses you can claim for, I have listed some of the more common types of losses below:
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Motor Insurers Bureau – Untraced and Uninsured Claims
Being involved in a road traffic accident that was not your fault can be frustrating enough; but being involved in an accident where the negligent party fled the scene or did not have any insurance is a further point of anger.
At The Injury Lawyers, we are able to offer some light at the end of the tunnel to people who have been in an accident as described above. Many clients often believe that they are not able to claim if they do not know any of the negligent driver’s details due to them fleeing the scene or not having insurance; however, we are often happy to inform them that they can still make a successful claim.
Claims such as those described above can be put through The Motor Insurers Bureau, or MIB as they are more informally known. The MIB are funded by motor insurance companies – so ultimately, they are funded by our motor insurance premiums. The MIB have calculated the cost to us to be around £15-£30 per motor insurance policy.
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Third party capture is where a third party insurer settles a person’s claim for compensation against their policyholder directly with them. In other words, it is where an insurance company representing the person who caused a victim’s injuries gets in touch with the injured party who has no legal representative and settles their claim for compensation. In most instances of third party capture, the injured party, the claimant, will have been involved in a road traffic accident – however, it could also occur say where the claimant has been involved in an accident at work or some other accident.
Why is this a problem?
The worry is that the injured party will not receive a settlement that is properly representative of their injuries and need for treatment. It is likely that the insurer will under-settle your claim for compensation and not help you out sufficiently should you require any treatment for your injuries.
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Motorcycle accidents are unfortunately a common occurrence nowadays; this may be due to the vulnerable nature of the vehicle, and the fact that it is more difficult to see on the road in comparison to a car or a van.
Again, due to the size, vulnerability, and speed of the vehicle, drivers are often left with serious injuries after an accident. If you have been involved in an accident that was not your fault, you may have a claim for personal injury. If you have suffered serious injuries then it can mean that your claim is more complex and make take longer to conclude – this is why getting a specialist personal injury lawyer on board with specific experience in serious injury claims can be hugely beneficial.
As complex cases can take longer to conclude, it means that it can take longer for the victim to receive their payout. For many claimants who may be out of work as a result of the accident, and thus not receiving an income, this can mean financial hardship and an inability to meet your current financial obligations. If you were to be in this position, a good lawyer should advise you to seek interim payments. These can be applied for once liability, or fault, has been admitted on your claim, and means that you receive portions of your compensation early before the case has concluded. Statistics show that it is mainly males between the ages of 30-39 that ride motorbikes. This is a portion of the population that are likely to be coming towards the peak of their careers and are supporting young families – this emphasises the importance of interim payments and how vital they can be to an injured victim.
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How is a whiplash claim valued?
Solicitors can use a variety of resources to value a claim for whiplash. Many of these I will list below:
1. Medical report: A medical report goes further than simply assessing your injuries – it can also contain the effects the injury has had on your work, social, and domestic life, as well as your hobbies. The medical report also gives a prognosis of when you are likely to recover from your injuries. This is key to helping your lawyer value your claim accurately.
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Understanding seat belt safety in a car crash claim
We all know that we have to wear seat belts when travelling on the roads where they are provided. We know that we have to wear a seat belt in order to protect us and others in the car or vehicle if we were to have a road traffic accident; we also know that wearing a seat belt is a legal requirement for most people.
You may not realise however that there is another reason why you should wear a seat belt…
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At The Injury Lawyers, we have many clients who have suffered an injury whilst at work, and these injuries can stem from a whole host of hazards that they have fallen victim to in the workplace. When clients first approach, us many are very wary about claiming against their employers, and the possible repercussions that they believe can result. We always understand our clients concerns, but also make them aware that employers could get themselves into a lot of trouble were they to treat you differently due to you claiming against them. Plus, employers should have employers’ liability insurance in place to deal with these sorts of situations anyway. It’s a perfectly normal and natural process to claim from the insurance they have.
I have gone on to list below some of the possible workplace hazards and duties of employers:
Work Equipment
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Manual Handling in the Workplace
Manual handling tasks can be delegated to you whatever role you may be in. If you work in an office, you may be asked to move a box of heavy files, or if you work in a library you may be asked to carry a box of books. Manual handling tasks need not simply be heavy lifting, but could also include the pushing and pulling of machinery. Whatever manual handling task you do, there are duties on your employer, and these will be the subject of the following blog.
Manual handling in the workplace is regulated through the use of the Manual Handling Operations Regulations Act 1992 (amended in 2002). This sets out the duties of employers when their employees are carrying out manual handling tasks.
The legislation need not be the topic of this entire blog, but there is a hierarchy of control measures which can be taken from it:
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Repetitive Strain Injury Claims
Repetitive Strain Injury, or RSI, is a common problem nowadays that can not only affect those in manual jobs, but also the thousands of office based workers who are sat in the same position day in day out typing away on their computers.
Any form of repetitive tasks can cause an RSI, of which there are two common types:
Type 1: This is where your injury can be given an accurate diagnosis by a medical professional – a diagnosis such as Tendonitis, which is the inflammation of tendons.
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Why to Avoid Referral Fees in Your Claim for Compensation!
There has been a lot in the news recently regarding referrals fees – or as Jack Straw described them, the insurers’ ‘dirty little secret’. Here is a quick guide:
A referral fee is a fee which a law firm pays insurers upon agreement that their insured’s’ contact details will be passed to them where this person is likely due compensation having been involved in an accident whereby they suffered an injury through no fault of their own. This fee can be anything in the region of £200 to £1,000! As such, this has seen the advent of claims management companies, or middlemen, who make their money from buying insured people’s contact details and selling them to law firms for profit. This has been happening for approximately 20 years, believe it or not. Further, as the BBC has reported today, the ‘racket’ goes further than just referral fees – It may involve cold calling or texting potential accident victims who have not provided their mobile numbers to any of them directly.
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