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April 12, 2011

Tripping Accident Claims

I was doing a regular shop over the weekend at one of my favourite supermarkets for something to have for Sunday dinner. In the end, we decided to go for a Chinese instead! But that’s irrelevant: as I was exiting the store, I suddenly tripped. I didn’t fall – I managed to step back in to stride and didn’t injure myself whatsoever. Before I even looked down to find out what hazard almost had me lying on the floor, my brain had already registered it from the feel of it on my foot at the moment I tripped; a scrunched up section of carpet surrounding a flower display.

The section on the edge of the carpet had, for whatever reason or another, scrunched up and caused a lip – and subsequently a tripping hazard. Having been in this industry for years, I automatically said (quite out loud) “that’s a claim!” The concerned look on the faces of the two staff members nearby as they flattened the carpet back down to remove the hazards was rather priceless!

This whole minor incident did serve to remind me of something – just how easy it is to end up injured whilst out and about doing your daily business. I could have ended up falling on my knees and sustaining considerable damage to the ligaments and tendons inside my knees; I could have broken a bone; I could have knocked my head and been out cold for minutes, or even hours. Ultimately, the ‘what ifs’ of this incident are often the result for many of our injured victims here.
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April 11, 2011

Repetitive Strain Injury Claims

We take on numerous accidents occurring in the workplace on a daily basis.  Generally, they involve some form of machinery that you have been using which has either been faulty and injured you, or that you have not been properly trained in how to use this machinery and have therefore sustained an injury as a result

However, employees get injured in other ways as well.  It is not uncommon for us to hear of ‘Repetitive Strain Injuries’ or ‘RSI’.  This is where people suffer pains from having repeatedly used a particular part of their body.  In most instances this sort of injury will affect your arms, back, fingers, wrists, shoulders, neck or elbows.  Usually those who find themselves suffering from this sort of injury will have undertaken repetitive duties over a prolonged period without having enough rest time.  In the UK alone, thousands of workers are away from work as a result of RSI’s.  One can only imagine the cost of this to both employees and to businesses.

If you are reading this blog it means that in all likelihood you are sat in front of your computer.  For many, your job will involve you sitting in front of a computer as well.  If you undertake data entry tasks, this can be repetitive and cause RSIs.  Likewise, a job sitting at a checkout in a supermarket can lead to an RSI where there is an insufficient rest period.  A further example of where an RSI can be picked up is in warehouses where you are repeatedly carrying out the same manual handling tasks.  Symptoms of RSI’s include:
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April 11, 2011

Claiming After a Road Traffic Accident

Road accident claiming is becoming one of the more common types of personal injury claims we see here at The Injury Lawyers. With the roads seemingly becoming busier all the time, it seems no wonder that this is the case. This is one of the reasons why the system for dealing with personal injury claiming for accidents that happen after 30th April 2010 has changed. The changes have served to make the system faster, simpler, and more stream-lined. This means that you should have an answer as to whether the other side admit fault after 15 days of submitting your Claim Notification Form; this is in stark contrast to the nearly 4 month time period of the old system.

Injuries

Many road accident victims suffer from whiplash as a result of their road accident.  Symptoms of whiplash usually became apparent around 12 – 24 hours after the accident, and then can steadily increase in severity. The condition can also be extremely unpredictable – a doctor may say the symptoms will resolve in 6 months, but then in 8 months you are still in pain – this is why advice from a specialist personal injury lawyer can be so crucial.  At The Injury Lawyers, we understand what a frustrating and painful condition this can be, as well as what a limiting effect it can have on your life. This is why we aim to offer early medical intervention to our clients. We are able to arrange physiotherapy, chiropractic, and osteopathic treatment for injury symptoms; this treatment is payable by the other side if you win, and is covered by insurance if you lose.
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April 11, 2011

Personal Injury Lawyers

OK – so you’ve had an accident that wasn’t your fault. Perhaps you were hit from behind by another car, you fell in a supermarket, or you have been injured at work. If the accident wasn’t your fault, you are entitled to make a claim for compensation – and you should be successful.

The problem is – what do you do? You probably know that you should always get a lawyer involved; but with so many of us out there, who on earth do you chose? I can’t make this decision for you, but I can give you some advice on what to look for to make sure you get the best service and 100% compensation guaranteed.

First things first – make sure you do actually get a lawyer. Never deal with the third party (person / company at fault) directly, and never deal with their third party insurers, claims handlers, or solicitors directly either. You must get an injury lawyer to represent you – otherwise, you are flying solo with no one to represent you and look out for your best interests. It’s highly likely you will end up with an under settled claim.
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April 11, 2011

Hand-Arm Vibration Syndrome

If you are exposed to vibrations for prolonged periods of time, it may be that you will end up suffering from Hand-Arm Vibration Syndrome (‘HAVS’) or, as it was previously known, Vibration White Finger.  It is common for people, like manual labourers, who work with vibrating work tools such as power drills or chainsaws on a daily basis to end up suffering from HAVS. 

The common symptoms of this syndrome are a feeling of numbness in your fingers, or, in fact, your fingers may even turn white.  If you work with vibrating equipment and have any of these symptoms, it is best, as is this case with any injury suffered, to seek medical advice.  Each year thousands of people are diagnosed with this industrial disease.  Interestingly, it is estimated that around 1 in 10 people who work with vibrating work equipment will at some point notice the symptoms of HAVS. In the last seven years the Government has compensated thousands of people suffering from HAVS in a sum reaching over £100million.

If you believe that you are suffering from HAVS and you have sought medical advice the next step is to contact a quality injury lawyer who can advise you on your potential claim.  Under The Control of Vibration at Work Regulations 2005, your employer owes you a duty of care to ensure that you are exposed to the minimum amount of vibrations as possible.  If they fail in this duty then it may be that you deserve compensation.  Essentially, your employer should ensure that you are not unnecessarily exposed to vibrations when at work, that where you are required to be exposed to work with vibrating tools this is limited, and that you are taught how to properly use these tools.
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April 08, 2011

Third Party Capture

So, here’s the situation: You have been unfortunate enough to have been involved in a road traffic accident, and as a result, you have sustained an injury – let’s say whiplash.  It is clear from a legal perspective that your accident is not your fault; it is the fault of the negligent third party driver.  This means that you are entitled to compensation

The negligent driver’s insurers get in touch with you and say something along the lines of ‘it looks like the accident was not your fault, and yes, we can see you were injured.  We are really sorry about this and we realise we should compensate you; so here’s £500.00’.  Naturally, the thought of £500.00 is quite appealing I would imagine; especially if your whiplash is not too severe.  You accept, but later realise your injury was much worse and needs more attention, and you believe you should get more money.  Problem: By accepting the £500.00, you have settled your claim and left yourself undercompensated.  At The Injury Lawyers we hear of this on too many occasions.  The technical name for this is ‘Third Party Capture’.  This blog sets out some free advice for those who have been involved in a road traffic accident.

If you have been in a road traffic accident which was not your fault, and you have suffered an injury, it is likely that you are due compensation.  It cannot be stressed enough how important it is to seek legal advice for your potential claim.  And I am not just saying this to ensure the income of solicitor’s.  Don’t believe me? Well, give The Injury Lawyers a call.  Our advice is 100% free and there are absolutely no strings attached.  If you want, you can take our advice and look elsewhere for another legal representative – not a problem.  We are happy if you’re happy, and we are also happy when people do the sensible thing and seek free legal advice.  At least this way you do not under settle your potential personal injury claim and are left with no option but to rue this decision.
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April 08, 2011

Potholes

You may have noticed recently that there has been a lot of news and focus on potholes.  This has happened for a few reasons.  Firstly, the bad weather we had just before and over Christmas has well and truly destroyed some of our roads.  The freezing temperatures meant that any water that had seeped into the cracks in our roads expanded and created numerous potholes in the surface.  Secondly, as a result of all these potholes cropping up, there have been numerous accidents as a result; for example, people tripping or twisting their ankles in these potholes, and vehicles getting damaged by the trauma of suddenly hitting a pothole at speed.  This has meant that people have been complaining more and more, which has hit the news. 

And thirdly, almost every county council in England released details of the amount of money they had spent on repairing potholes, and the amount of money they had had to pay out as a result of people requiring compensation having sustained injuries at the feet of potholes.  This again made national news, as huge sums had been spent as a consequence of potholes appearing on our roads in large numbers.  It was therefore no surprise to read a further article on potholes in the Hunts Post.  The story relates to the £2.7million that Cambridgeshire County Council have already spent fixing potholes in the first few months of this year.

The Hunts Post reveals that Cambridgeshire County Council have fixed roughly 10,000 potholes up to March this year.  This has come at a cost of £2.7million, of which just over £160,000 relates to compensation claims.  Interestingly, when compared to previous years, this is an increased spend of over 800%.  In March, the Department for Transport has granted a special aid fund for councils in the sum of £100million to help them deal with the financial burdens this particularly tough winter has created by way of potholes.
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April 08, 2011

Road Traffic Accident Claims – A New, Faster System

It has been recognised throughout the legal world that personal injury claiming as a result of road traffic accidents are on the increase. This is one of the reasons why the system with which solicitors deal with road traffic accidents has changed.  Road traffic accidents that occurred after 30th April 2011 between a value of £1000 and £10,000 must now be dealt with under a new system. This system is simpler, faster, and much more stream-lined than the old system that was in place. One of the reasons why the system is faster is that everything is completed electronically – therefore making the exchange of documents with the other side instantaneous. The system comprises of 3 stages; each one I will set out below.

The first stage is where the Claim Notification Form is filled out by the Claimant with the help of a solicitor. This form aims to set out all the circumstances of the road accident and is the first item the Defendant will receive with regards to your claim. Within 15 business days of this being sent, the other side should respond with a decision as to whether they admit fault or deny fault.

If fault is admitted on your claim, it proceeds to Stage 2. If liability is denied, it then drops out of the system and it is for your solicitor to assess the prospects of your case, and upon this review, decide whether to proceed with your claim.
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April 08, 2011

Your Claim Explained

Nowadays, people are becoming more and more aware of the potential to make a claim for compensation where they have been injured at the hands of a negligent third party.  In all likelihood, this is probably due to the fact that there has been an increased campaign by personal injury law firms to attract clients.  However, although more people have the knowledge that they may be entitled to compensation, not so many know exactly how the process of making a claim works, and how to go about starting this process.  This blog is intended as a short guide to your personal injury claim.

If you have been involved in an accident then in all likelihood your claim will be dealt with under the Pre-Action Protocol for Personal Injury claims.  This is a streamlined process for your claim, setting out a series of steps to bring it to an efficient and effective conclusion within the shortest time possible.  The first stage is the creation of your Letter of Claim.  This outlines all the details of your accident; for instance, the accident itself, the nature of your injuries, and the losses you have suffered as a result of your accident.  By way of example, when you ring The Injury Lawyers, we will take all the details we need, leaving no stone unturned, and then go about producing a thorough letter of claim.  In this way, the other side, the negligent third party, will know all about your accident and can get on with their investigations straightaway.

Once your Letter of Claim is submitted, the Defendant has a period of 21 days in which to acknowledge it.  In most cases they will pass this letter to their Insurer or Solicitor who will investigate your claim on the Defendant’s behalf.  A maximum of three months is permitted for investigation of your claim.  This is not to say that your claim will take nearly four months from the date the letter of claim was sent, but to say that this is the period of time the law allows the other side to come back to your legal representatives with their position on liability.
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April 07, 2011

Accidents at Work Claims

The workplace can be a pretty dangerous place to be in; particularly if you work in a factory or on a constructions site. The dangers we could potentially face in the workplace are minimised or cleared by the numerous amounts of Health and Safety rules and regulations that all employers and employees are legally required to adhere to. In theory, if all employers and all employees stick to these rules, the amount of compensation claims being made would be very small.

When your employer fails in the important duty of care they have for your health and safety, and you are injured as a result, you are entitled to make a claim from the insurance your employer has a legal responsibly to have in place.

So – what can they fail you on, and when can you make a claim?
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