We seem to hear information regarding personal injury claims a lot. It may be through adverts on the television or radio or a marketing person stopping you in the street.  It may be for this reason that a lot more people are aware of what rights they have when it comes to claiming for injuries. In saying this, however, we have many clients that come to us needing advice and their first question is: ‘have I got a claim?’

This is why our team here at The Injury Lawyers write our blogs – to inform and educate our readers. At The Injury Lawyers we deal with all sorts of claims; some of which I have listed below:

1. Road Traffic Accidents – these are probably one of the most common accident claims we receive.  The system for dealing with these types of accidents was changed last year; it’s a much more simplified and more stream-lined process, making claims run at a faster pace. If you weren’t at fault in a road accident, it’s likely you have a claim.
2. Clinical Negligence – if you feel you have received inadequate care from a healthcare professional, whether it’s in a hospital, clinic or GP’s surgery, then you may have a claim for any suffering and loss caused.
3. Accidents at work – if you have had an accident at work and it was not your fault, then you may have a claim with your employers insurance. Accidents at work may involve a fall from a height or an injury resulting from heavy lifting; it may however be an industrial disease such as Hand Arm Vibration Syndrome developed through the use of power tools or similar vibrating equipment at work. It can be a mentally difficult task to claim from your employers’ insurer, but that is why we are here to act on your behalf.  Employers have a legal duty to be covered by insurers which deal with these situations.
4. Accidents in a supermarket – there are many hazards in a supermarket: these may include items falling on you from a poorly stacked shelf, slipping on a spillage that has negligently been left un-cleared, or tripping on an item negligently left in an aisle. If the accident was not your fault then you may have a claim against the supermarket.

The above list is by no means exhaustive; at The Injury Lawyers we have many more sorts of personal injury cases that we deal with.  In summary, if the accident was not your fault, then you may have a claim.

School can be a turbulent time for some, or a greatly enjoyable time for others.  Whatever your feelings surrounding your time at school, you do not think that an accident could occur there which was not your child’s fault.

I have seen how a child’s first day at school can be traumatic for a parent. Waving them off at the school gate for their first day of independence.  Leaving a child at school can be a difficult thing to do but we put our trust in schools to care for our children; and on the most part they do.  At The Injury Lawyers we have a number of clients that come to us after their child has suffered an injury whilst at school.  It can be a traumatic time for parents if their child has an injury, and for many, their trust in schools can slip.

It can be a mentally difficult thing to do, placing a personal injury claim against your child’s school; but you should remember that it is us who will be dealing with the claim on your behalf and schools should be covered by insurance to cover these situations (normally through the local council).
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I read in the Journal Live that a drunk man has been struck by a bus and has recently been awarded compensation.  Stephen Lightfoot suffered horrendous injuries, namely a fractured skull and a brain haemorrhage, and now requires 24-hour care for the rest of his life, after being hit by a bus when crossing the road.  As CCTV footage has shown, the bus driver was caught reading a timetable when he was supposed to be concentrating on his driving.  As such he was found to have been negligent and was clearly not driving with due care and attention when he struck Mr Lightfoot.  However, Mr Lightfoot only received 60% of the compensation he was entitled to because the accident was partly his fault due to the fact that he was drunken and behaving irrationally at the time of the accident.

The judge who oversaw the case said that Mr Lightfoot was partly responsible for his injuries because he was drunk and should not have therefore been trying to get the attention of a bus by standing in the middle of a poorly lit road.  Although the bus driver should have been giving the road his full attention and not reading a timetable, equally, Mr Lightfoot should not have been in a dark road trying to hail a bus; something he probably would not have done had he have been sober.  Yes, the bus driver should have been checking for dangers, checking his speed, his mirrors, and concentrating on the road, but Mr Lightfoot should also not have been in the road.

The CCTV footage revealed that the bus driver had turned his cabin light on to read the map which he put on his lap.  As you can imagine, this is damning footage which showed that the bus driver was not looking at the road.  Road users owe pedestrians a duty of care to ensure their safety.  That is, they must take steps to keep a look out at all times for dangers.  If you have been involved in a collision with a vehicle whilst a pedestrian you too may be entitled to compensation where the driver of that vehicle was not paying you the due care and attention you are entitled to.  It is therefore best that you firstly get yourself checked out at a hospital, or by your GP, and then contact a professional quality personal injury lawyer who can advise you on your potential claim.  As this case shows, even if you under the influence of alcohol and your behaviour might not have been what it would be if you were sober, you may still be entitled to compensation.

I read today on the Health Safety Executive website that a man has been injured having been involved an accident at work back in 2009.  The HSE reports that Mr O’Brien has lost all movement in three of his fingers for life as a result of an incident at a construction site he was working at.  Mr O’Brien was using a drill at his work when his hand became caught in it as a result of it not being properly guarded.  As a result of the accident, Mr O’Brien needed to have a number of skin grafts and cannot resume work.

Jex Engineering Company Ltd, the company who employed Mr O’Brien, was taken to the court by the HSE for failing to ensure the drill was properly guarded.  That is, Jex Engineering had not recognised that the drill was not guarded when providing it to Mr O’Brien.  In fact, Mr O’Brien’s employers had instead stated that the drill had a guard when completing a risk assessment on it.  Later, Mr O’Brien’s’ employers did indeed plead guilty to the charges, in particular, to breaching Regulation 11(1)(a) of the Provision and Use of Work Equipment Regulations 1998 which require employers to prevent their employees from using dangerous machinery.

If, like Mr O’Brien, you have sustained an injury whilst at work, it is important that you firstly report the accident in the accident book which your employer has to keep by law.  This is important because it provides evidence as to your accident, and is the basis from which a claim for compensation can be made on your behalf.  The next stage in obtaining compensation is to get the advice of a quality personal injury lawyer who can provide you with free legal advice and no cost representation.  Good personal injury lawyers have years and years of experience in dealing with these types of claim and know exactly how to conduct your claim and make sure you get the maximum compensation you deserve.
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Night outs are something most of us look forward to. We look forward to the end of the working week when we can relax and meet up with friends and family. Whether it be going to the pub on a Friday night, a night club for a dance with friends, or for a meal in a restaurant with our loved one, most of us like to get dressed up and excited for these type of events. We do not anticipate an accident happening which is not our fault.

If you have had an accident whilst on a night out and it was not your fault, then you may have a claim for compensation. Many clients come to us after an accident of this sort and think they may not have a claim due to their consumption of alcohol. This may not be the case.  Our specialist team at The Injury Lawyers can give free assessment of claims – so there is nothing to lose by trying.

There are many potential hazards in venues, including slipping on a spillage, broken glass left negligently on the floor causing a laceration to the foot, or an accident which has been caused by the venue being overcrowded.  It may even be the case that another person has slipped and pulled you to the ground with them – this could also be a possible claim.
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Hand Arm Vibration Syndrome, also known as Vibration White Finger, is an industrial disease which is suffered by people in careers which require the use of power tools and machinery which have a vibrating effect.  These can include hand held power tools such as drills and chain saws or sewing machines, or pneumatic drills.

The name Vibration White Finger has started to be less commonly used in recent years as it became apparent that the disease involves many more symptoms than having white fingers.  The symptoms can also include numbness and/or a tingling sensation in the fingers, cold sensations in the fingers with some discolouration, and general aching up through the hand radiating up the arm.  In more serious cases of the disease, the sufferer may have a complete loss of feeling in the fingers which can radiate in to the hands. The symptoms can be different for different people, but for most sufferers, it can be a point of frustration.

The condition is thought to stem from the vibrations in the power tools / machinery causing minor injuries to the blood vessels and nerves in the hand. These injuries then build up to cause Hand Arm Vibration Syndrome.
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It seems that the roads are forever getting busier: we seem to be forever in a traffic jam going the wrong way to the traffic. Not only this, but people seem to want to get every where faster.  These factors together can mean there are more road traffic accidents as there are more people on the road who are driving without using the necessary care and attention.

Now we all know that not wearing a seat belt whilst driving is breaking the law. But with these increasing road traffic accident figures in mind, it can also be a life saving device.  Furthermore, and what many people do not realise, is that if you are not wearing your seat belt and you have an accident, there may be an affect for any personal injury claim you later make.

If you are not wearing a seat belt and you are involved in a road accident, the compensation to which you may be entitled to further on down the line may be reduced by up to 25% – in legal terms this is known as a reduction due to contributory negligence.
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At The Injury Lawyers one of the questions which we hear most frequently is ‘Have I got a claim for compensation?’ Now if someone calls The Injury Lawyers (and this can be anytime from 9am – 10 pm) with a potential claim, we have experienced staff on hand to explain there and then whether they have a claim.  Not only can they explain there and then, but this advice is also free of charge whether you have a claim or not.  So you have nothing to lose by asking.

We deal with a vast amount of different types of personal injury – there are many different situations which can cause someone to have an accident which was not their fault. I will list some of the sorts of claims which we deal with here at The Injury Lawyers most frequently:

1. Road Traffic accidents – these are extremely common types of claims and include any type of vehicle whether you were in a car, on a motor bike or on a bus – with the main issue is that it was not your fault.  If the other driver is not insured or is untraceable you may still be able to claim for compensation from the Motor Insurer’s Bureau. 
2. Clinical negligence – if you feel that you have not received adequate care from a clinical professional and it has lead you to suffer in some way then you may have a claim. This can include care whilst in hospital or from a General Practitioner.
3. Accidents at work – these can include injuries from heavy lifting, slip and trips, or falling from a height etc.  If you feel your employer has been negligent in some way and this has led to your accident then you may have a claim for compensation.  Claiming from your employer can sometimes be a mentally difficult task but you should keep in mind that employers should have insurance to deal with such matters.

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Being involved in an accident that was not your fault is a trying time for anyone. It can be confusing just thinking about which lawyer you should instruct, what happens next, how much you can claim for etc. There are so many questions, and so many different answers. So here’s a guide on what to do and what you need so you know what course of action to take.

What to Do

If you have been involved in an accident that wasn’t your fault, there are two things you need to do right from the start.

Step 1: at the scene of the accident, exchange details with all relevant parties involved:

• Road Accidents: exchange names, addresses, telephone numbers, vehicle details (reg, make, model, colour), and insurance information with any other vehicles involved in the accident, and any witnesses to the accident. If your injuries are debilitating enough to prevent you from this, the police should always be called.
• Accident at Work: if you need help, shout for colleagues for assistance, and ensure your supervisor or manager is called to attend. If you are able to do so, ensure the accident is recorded in an accident book, and you note the names of any colleagues that may have seen what has happened.
• In / On Premises (Shops, bar, restaurant, etc): again, if you need help, call for it. Ensure you speak to a manager or person in a position of authority within the premises to ensure your accident is recorded – get a copy of whatever they record as well. If there were witnesses, make sure you get their information.
• On the Street (Council Claims): again, if you need help, call for it. You can also take the details of any bystanders that may have witnessed your accident, and taking photographs of the general area and whatever caused your accident is an essential thing to do. If you are unable to take any photos there and then, make sure you return to the scene as soon as you can to take some.

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If there’s one thing we love here at The Injury Lawyers, it’s making sure accident victims get access to the maximum compensation they are entitled to claim for with the minimum of hassle and fuss for the claimant. Claiming for compensation is a common part of everyday life now – unfortunately, there are those out there ready and willing to profit from your claim in the wrong way – and this, we do not like.

Sure – we are a business. At the end of the day, we do turn a profit. But we always promise to go the extra mile with our clients by updating them far more frequently than most other firms, and spending more on our cases for a better outcome. So, who am I talking about?

Insurance Companies

If you’re a driver, check your motor insurance policy to see if you have the “benefit” of Legal Expense Insurance or “Legal Protection.” This is an extra on your policy which is normally either provided out of courtesy, or for a small annual fee. Your insurers will tell you that you are fully covered if you have an accident. Sounds great, right?
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