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February 21, 2011

Night Out Accidents

We all love to go on a good night out, whether it be to the pub on a Friday night after work, out for a dance with our friends, or for a meal.  We all look forward to this free time where we can socialise, relax, and let our hair down.

It is the last thought on our mind that we may suffer an accident which causes us an injury.  There are many potential hazards on a night out – these can include spillages negligently left uncleaned on the floor, which cause a slip hazard, broken glass negligently left on the floor causing a laceration to the foot or exacerbating a fall injury, or it may be that you have suffered an injury from the venue being filled over capacity.  This is by no means an exhaustive list; if you have suffered any accident that was not your fault then you may have a claim for compensation.

Any venue for a night out, whether it’s a pub, a bar, a restaurant or a night club, has a duty to protect it’s customer as far as is reasonably possible.
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February 21, 2011

Personal Injury Claims Procedure

After suffering an accident that was not your fault, you may feel fragile and confused.  This may lead you to think that you do not want the hassle that claiming for a personal injury entails.  Well, we at The Injury Lawyers write these blogs in order to inform and educate you, and thus take the confusion out of the situation.  This blog informs of the procedures surrounding personal injury claims.

The new procedure surrounding personal injury is streamlined and designed to encourage settlement before the case gets to court.  This is because the courts do not wish to be flooded with personal injury claims – plus it’s expensive to take a claim to court in any event.  It is in the Pre- Action Protocol, as set out in the procedure rules governing how a claim progresses, which is where a claim starts.

The Pre-Action Protocol states that a Letter of Claim must be sent to the Defendant; this letter (amongst other items which do not need to be the topic of this blog) must state what the claim is regarding, what the injuries suffered were, and enough further information to allow them to investigate the claim.  The Protocol then gives the Defendant a period of 21 days to acknowledge receipt of the letter.  Most defendants tend to adhere to this deadline and either pass the matter to their solicitors or insurers to deal with.
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By Author
February 18, 2011

Your losses – Are they recoverable?

Being in an accident and sustaining an injury may lead you to incur financial losses.  For example, you may have to take time off work or fork out on someone to give you a helping hand around your house.  These are what we call ‘losses’, or “Special Damages”.  After all, you may have lost out on some of your wages or you may be out of pocket because you have had to pay for a helping hand.  At The Injury Lawyers we are well aware that these losses are not your fault – they are instead a consequence of your accident and the injuries you have suffered.  Because they are not you fault, and instead the fault of the negligent third party, at The Injury Lawyers we will try and recover these losses so that you do not end up out of pocket through no fault of your own.  So what can you claim for?  Here is a quick guide as to a few of the losses we can attempt to recover for you:

Loss of Earnings

Sometimes your injury will require you to be off work in order for you to recover.  In this time it is likely that you will receive less income than you normally would because you are unable to work.  Depending on the sick pay scheme of your employers, we will make a claim on your behalf for all the loss of earnings you have suffered as a result of your accident.  For example, if you receive £300 a week, and you company paid you sick pay of £150, we will make a claim for that outstanding £150 deficit you have suffered as a result of your accident meaning you could not work.

Care and Assistance

If, as a result of your accident, you have needed care or assistance with all sorts of everyday tasks that you would normally be able to carry out yourself, we are able to make a claim on your behalf for the costs of that care and assistance.  So, for example, if you have had someone in or had a relative to help you with bathing, getting to and from the toilet, general household chores, meal preparation and shopping etc, we can make a claim for these people to be reimbursed for their time.
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By Author
February 18, 2011

A Guide to Whiplash Injury Claims

It seems the roads are forever getting busier – we always seem to be in a traffic jam, whether it be on the school runs, rush hours going to and from work, or just to go shopping on a Saturday.  Coupled with this, people’s lives are busier and more hectic; everyone is rushing to get somewhere.  These 2 factors together mean that roads are more clogged with people who may be driving without the necessary care and attention, which can lead to more accidents on the roads.

These accidents may be the result of a collision of vehicles head on, from a side road, or perhaps the most common – the rear end shunt (being hit from behind).  It is in road accidents whereby whiplash is most likely to occur.  Whiplash can also occur from a fall from a height, or a knock to the head – for example, whilst participating in sports.

Whiplash is caused by a sudden jolt to the head which causes the neck to move beyond its normal range of movement. This then stretches tendons, ligaments and muscles in the neck causing the symptoms of whiplash.
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By Author
February 18, 2011

Council Accidents

Today I have come across a horrific story involving an 11 year old girl who has had her thigh impaled by spiked chain fencing.  The Herts Advertiser reports that Maisie was on her way home having returned a book to her local library when she tripped and fell and ended up impaling her thigh on a spike.  As a result, the unfortunate Maisie has been left with scar, having had to have eight stitches, and continues to suffer from traumatic nightmares which revisit the accident.  As her GP said, had Maisie have landed on her head or stomach, the results could have been much, much worse.  Maisie, as you can now imagine, is conscious of wearing skirts at school because these scan expose her scarring, and unfortunately other children have a tendency to stare at things a little bit different.

Maisie’s mother is also now seeking compensation on her behalf.  Because Maisie is 11 years old, and therefore cannot be classed as an adult, she is required to have someone to act on her behalf, also known as a Litigation Friend, or to wait until she is 18 to make her claim.  Her mother is seeking compensation from the council because of the injuries suffered by her daughter.  It would appear that it is not clear exactly why the spiked railings were there in the first place, because they seem to just protect a patch of grass.  She therefore wants justification of their use and compensation to place Maisie in the position she would have been in had she not have had the accident and suffered the injuries she did.  At this point in time the local council have not responded and the case continues.

If you, or somebody you know, has had an accident whilst they have been walking about a town or city centre and have subsequently sustained an injury, it may be that they could make a claim for compensation.  Your local council is responsible for all the highways, paths and common areas in your town and city, and owes you a duty of care to ensure that you do not suffer an injury when going about your everyday business.  Here at The Injury Lawyers we have pursued thousands of claims against our clients’ local councils and have been able to obtain substantial sums in compensation for them.  If you feel that you have a potential claim then please ensure you get in contact with a quality personal injury lawyer who can provide you with some free legal advice.

By Author
February 18, 2011

Supermarket Claims Guide

You either love supermarkets or hate them. They can be a person’s best friend as you visit them frequently and they have everything you need (usually), and there are cheap prices and discounts galore.  However, many people avoid supermarkets as they dislike the traffic and hassle of the ‘big’ supermarket shop and like to support smaller local businesses instead.

Whatever your feeling regarding supermarkets, it is the last thing in your mind that you will suffer an accident in one that was not your fault.  At The Injury Lawyers we have many clients coming to us having suffered a variety of accidents in a supermarket.  These can include slipping on a spillage left negligently uncleaned and unattended, a trip on an item left in an aisle, or products falling upon you from a poorly stacked shelf.

If indeed you have suffered any of the accidents above, or one not mentioned, and it was not your fault, you may have a claim for compensation. Supermarkets have a duty to keep their customers safe from harm as far as is reasonably possible.  They must comply with health and safety regulations and train their staff accordingly.  Staff may be given training in regularly checking that aisles are clear, training for procedures to deal spillages, or in how to stack a shelf safely.
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By Author
February 17, 2011

Specialist Compensation Lawyers

Our expert team at The Injury Lawyers deal only in claims for personal injury; so we’d like to think we know a thing or two about compensation claims! We are an independent specialist firm of injury lawyers with a proven history of happy clients and successful claims.

You should always instruct a specialist personal injury lawyer to deal with your claim if you want to get the best service and the best outcome. So, here’s a little about us, and what we do – because we can only really guide you on how we work given that many other injury law firms work in entirely different ways.

Specialist Independent Injury Lawyers

We are a specialist firm of expert personal injury lawyers – we only deal with injury claims, so you always get an expert injury lawyer and a team of dedicated assistants working with you and your claim. Our expertise range from Road traffic Accidents, work accidents, slips trips and falls, product liability cases, medical negligence, and many more.
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By Author
February 17, 2011

Claiming for Compensation – Losses

We have many clients here at The Injury lawyers who come to us after an accident and ask us which losses they are entitled to claim for.  The time after an accident can be confusing as to how to proceed with a claim, and you may be in a fragile state due to events you have experienced.  This is why at The Injury Lawyers we write these blogs to inform and educate you about a range of aspects surrounding a personal injury claim.

There are many losses which can be claimed as a result of an accident which was not your fault.  At the outset of any claim, any good personal injury lawyer, upon verifying you do have a claim, should be explaining all the types of losses you are entitled to. 

Here are some of the more common losses you are entitled to claim for as part of your case:
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By Author
February 17, 2011

Cycling Accident Claims

The Bournemouth Echo reports that a cyclist has won £5,000 in compensation having been involved in a cycling accident.  Roger Excell was cycling when he collided with a temporary road sign back in August 2007.  He suffered several muscle injuries to his legs and groin area and tore his tendons.  As such he was unable to walk for several weeks. Mr Excell also took a week off work and required his wife to carry out several household chores and provide him with care and assistance.

It would appear as Mr Excell was making his way to work he hit a temporary road works sign which was obstructing the cycle path he was using.  This occurred despite the fact that Mr Excell had taken several precautions, in particular, he was using a headlamp to ensure that he could clearly see anything in front of him (or so he hoped!)  Fortunately, Mr Excell was also wearing a helmet – it was a good job he was! His helmet cracked into two pieces upon his impact with the ground and he was left unconscious.  We can only imagine that the outcome may have been far, far worse had Mr Excell not been wearing a helmet.

In the court case the judge made it clear to Poole Council, who were responsible for the road works, that they had a duty to ensure users of their highways are safe.  We all know that road works are a part of everyday life.  It seems that wherever we go someone is trying to improve our highways in some way or to make right any problems that have occurred.  To make sure we are aware of these road works, those undertaking them have to clearly warn road users that road works are ahead; to do this, a variety of signs are used as well as traffic lights and lighted barriers.  Although these signs are there to warn road users, the signage must be placed in safe positions so that accidents like that which happened to Mr Excell do not occur.
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By Author
February 17, 2011

Working at Height

STV reports that an employee of the Early Learning Centre has received almost £10,000 in compensation after sustaining an injury having fallen off a ladder at work.  Ms McLachlan was trying to get a toy from a shelf at an Early Learning Centre in Glasgow when she fell off the ladder.  As a result of the accident, Ms McLachlan sustained soft tissue damage to several areas of her body, and had to go to hospital for treatment.  Despite her attendance at hospital, Ms McLachlan still has pain in her back which has rendered her unable to drive or walk long distances without the need for a break.  She has also subsequently had to enlist her daughters to help her with her household chores and the weekly shop.  On this occasion it would seem that the ladder which Ms McLachlan had been using was faulty.  Ms McLachlan sued the Early Learning Centre for breaches of the Working at Height Regulations 2005 as the ladders were unfit for purpose as the legs splayed when she was using them.

Accidents at work happen on a daily basis, and a lot of these occur when employees are working at height.  The Working at Height Regulations 2005 are there to help lower the amount of these types of accidents occurring.  To do this, these regulations set out that all employees who work at height should have there duties properly planned and supervised.  Part of this duty entails that all the equipment that is to be used to help the employee reach the height they need to be at is to be properly checked and certified before its use.

If you are in a trade that frequently uses ladders or scaffolding for instance, and you believe you have had an accident that has resulted from you working at height, please get in touch with a quality personal injury lawyer who can advise you on any potential claim you may have.  If you have been injured whilst working at height, and this injury occurred through no fault of your own and within the last three years, then you may have a potential claim.  Firstly we ask that you report your accident in the accident book at work and seek medical attention.  Then, secondly, get in touch with a specialist injury lawyer who can provide you with some free legal advice.

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