Leading Injury Lawyers Blog

Work Injury Claims

October 10th, 2010

Accidents in the workplace are extremely common and can occur anywhere and at any time. It is your employer’s duty to ensure your safety in the workplace and that working conditions are up to a high standard that will not cause injury or illness. If they fail to ensure this level of safety, they are putting their employees at risk of illness, injury, or even death, as well as breaking the law. Regardless of whether you work on a busy construction site, or a quiet office, there is the same duty for employee safety, and employers should take such issues seriously. They have the responsibility to provide correct safety equipment, regularly test machinery, and properly inform employees about the dangers and risks in the workplace.

Workplace injuries don’t need to be confined to an office or actual place of work; they can also encompass travel in a van or car if that is part of your job. If the vehicle is supplied by the employer, it must be roadworthy and safe to drive; if the employee sustains an injury or has an accident as a result of the car of van not being kept roadworthy or safe, then the employer is liable for the injury sustained and the employee can claim compensation.

Work accident lawyers can take up such cases where injuries are sustained in work related situations, working to provide you with compensation to fully cover any loss of earnings or changes to your way of life as a result of the injury sustained.

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Road Traffic Accidents

October 9th, 2010

Thousands of road traffic accidents occur on our roads every year and the results can be devastating to all those involved. It can often be difficult to ascertain who is liable for an accident, but as a general rule, if one vehicle drives into the back of another, this vehicle is liable for the accident. You may think that this cannot always be true, as the vehicle in front may have applied their brakes sharply or unexpectedly. This is not the case, as drivers are required to leave a safe distance between their car and the car in front to account for such instances, and so any collision will have been caused by the driver behind following the other car too closely.

If a driver is involved in a road traffic accident, they should stop their car if: people are injured, an animal is injured, a street lamp or bollard is damaged, or a vehicle or property is damaged. If they have caused injury to a person, they must be able to show a valid insurance document to a police officer or person involved in the accident.

Traffic accident claims can be filed if injury or damage is caused and those affected wish to pursue compensation. As with all claims of this type the next step is to compile all the details of your injury or damage; when and where it happened, the extent of the injury or damage, and if there were any other people present who can act as witnesses to the accident. The process of compiling this data may take a long time, but the benefits to your case and the increase in the likelihood of success is immeasurable.

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What Are Injury Claims?

October 8th, 2010

Injury claims occur when an individual is injured as a result of an accident where those other than the claimant are liable. Injuries must have occurred within the last three years in order for them to be valid and therefore pursuable.

Personal injuries can occur as the result of a road accident, an injury occurring at work, or an injury occurring in a public place. Additionally, claims can be made where the claimant’s work or workplace has caused illness. The claimant may have suffered a trip or fall at work, or suffered an injury in their vehicle while observing all the rules of the road correctly.

Accidents at work include cases where employees are not given correct training for their job, safety equipment is not provided, or faulty machinery has been involved. Additionally, one may have developed an illness when coming into contact with harmful substances or chemicals in the workplace without prior warning or protection; including illnesses related to asbestos contact. Accidents such as sports injuries can also be open to claims, as can public transport accidents and travel accidents.

The injury claims process can be lengthy, but with the professional assistance of highly qualified lawyers, very little stress should fall on the shoulders of the claimant. The amount that can be claimed varies greatly on the type and severity of the illness or injury suffered, and it is important for the full extent of the injury to be discovered prior to pursuing a claim, so that the full amount that the claimant deserves is recovered.

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No Win No Fee Claims

October 7th, 2010

The Rise Of ‘No Win No Fee’

Before the turn of the century, if you were making a personal injury claim, legal aid would available to you. So effectively you were able to find a lawyer who agreed to take on your case, who would in turn apply for legal aid for you so that any legal fees that were accrued, in the case of a loss, would be covered and paid for.

However, this system was seen as limited and not serving of those who needed it most; the requirements of disadvantaged areas of society were not met and it was only offered in certain areas of the law. Additionally, many cases resulted in high legal costs in the case of a win, whereby any compensation won would have to be paid back to the lawyer to cover their fees. As well as this, the legal aid scheme also incurs great costs to the state and public funds, therefore disadvantaging the wider public in the process.

Due to this, shortly after the year 2000 this old system was abolished, leading to the rise in no win no fee claims. The main benefit of this system is that no fees are paid by the claimant if the case is unsuccessful. Conversely if the claim is successful, the lawyer’s costs are reclaimed from the defendant’s side, meaning that the claimant need never pay any costs. Due to this, the no win no fee system has now become the most popular method of compensation claim, with thousands of claims being made every year.

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Compensation Amounts

October 6th, 2010

If you’ve suffered from an injury or illness through no fault of your own, you may be able to claim compensation with the help of leading injury lawyers.

There are various injuries that personal injury solicitors can help you can claim compensation for, including:

Blindness up to £155,250

This can be caused by a blow to the head, or trauma to the eye; due to contact with chemicals, or projectiles.

Asbestos Injuries up to £74,300

Contact with asbestos particles can cause asbestosis, an inflammatory and fibrotic medical condition affecting the parenchymal tissue of the lungs.

Food Poisoning up to £30,500

This occurs when food that is contaminated with bacteria or toxins is consumed by the victim, under the premise that it is edible and safe. This can cause illnesses such as salmonella and listeria, which can cause severe illness and even death for up to 500 people a year.

Neck Injuries up to £86,500 and Whiplash £750 – £14,500

These often occur in car accidents, when the victim’s car is stationary and is hit from behind or from the side. These injuries can keep you out of work for months or even years, in addition to hampering your enjoyment of everyday life.

Back Injuries up to £98,500

As with neck injuries and whiplash, these injuries can affect your daily life heavily, limiting activity and therefore enjoyment of many activities.

Ankle Injuries up to £40,750, Foot Injuries up to £63,625 and Toe Injuries up to £11,200

These can be caused by a trip in a public place, due to loose paving slabs or uneven surfaces, or accidents in the workplace due to an untidy working environment.

Face Injuries up to £21,350

These can be caused by blow to the head, or trauma to the skin; due to contact with chemicals, or projectiles.

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Injury Compensation Claims FAQ

October 5th, 2010

You may have seen some adverts about injury compensation claims and would like to know more. Here are some of the most frequently asked questions about accident claims.

1. How do I make a claim?

The first and most important step you need to take is to contact us by completing the simple form on our homepage, filling in the details of your injury, along with your contact details. We will then assess liability and deal with those who are responsible for your injury. From here, if we win your claim you will keep all of the compensation and will pay nothing at all. Equally, if we don’t get a result for you, you will still pay nothing.

2. Am I entitled to make a claim?

If you have been injured within the last three years in a non-fault accident, then you could be entitled to claim for accident compensation; your entitlement will be assessed by our claims staff within minutes.

3. How much compensation can I claim for?

While it depends entirely on the type and severity of the injuries you have suffered, typical claims are for between £2,000 and £10,000. If the injury is a persistent or particularly severe one, claims can be for significantly more. Additionally, loss of earnings and out of pocket expenses can also be reclaimed.

4. Why choose Leading Injury Lawyers?

Leading injury lawyers employ leading UK accident lawyers, handpicked for their expertise and high standards. We guarantee that you will keep 100% of your compensation and we aim to ensure that the claims process is as simple and straightforward as possible.

5. What are the costs?

You will never have to pay a penny, regardless of whether your claim is successful. If your claim is successful, you will receive 100% of the damages and will owe us nothing.

6. What should I do next?

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Medical Accidents

October 4th, 2010

Despite the excellent healthcare record in the UK, mistakes can be made and luckily most occur with little or no harm to the patient. In many cases the patient is often not even aware that any mistakes have occurred. However, there are cases where doctors, nurses and other medical staff fail to do their best in caring for a patient. These cases are classed as events of medical negligence.

It is of course very easy for things to go wrong where human error is such an important contributory factor, especially when you consider the immense pressure that doctors are under. However, there are times when negative outcomes are not simply the result of inevitable human error, but instead are due to negligent behaviour.

Medical negligence claims can be made when a doctor or medical professional:

Fails to diagnose or gives a delayed diagnosis
Fails to warn of the risks of a procedure or treatment
Delays referral to a specialist
Makes an error with medication
Performs surgical errors

Levels of compensation from medical negligence claims can vary greatly, depending on the severity of the injury or illness caused as well as the number of financial dependents you have. Additionally, if you are claiming loss of earnings due to incapacity caused by medical negligence, your compensation value will depend on how much you earn. These claims can be complex and therefore are generally quite lengthy; the process of proving negligence as well as proving that the injury was a direct result of said negligence can take a long time to complete. Despite this, a successful outcome is always greatly appreciated by those who have been the subject of negligent behaviour.

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Accidents At Work

October 3rd, 2010

Employers have a duty to inform and protect their employees against health and safety issues that can arise in the workplace. Serious work-related accidents and diseases must legally be reported to the “Incident Contact Centre of the Health and Safety Executive (HSE)”, these include: diseases, dangerous accidents such as the collapse of scaffolding, major injuries such as broken arms, injuries that stop employees from working for more than three days, and death.

Accidents at work should be recorded in the employer’s accident book, which provides a record of work accidents, which can be referred to in the future if an employee needs time off or if employees wish to make work injury claims.

It is the duty of the employer to perform risk assessments to ensure the health and safety of their employees. These risk assessments will help to decide what kinds of facilities and first aid equipment is needed, and how many first aiders should be employed.

If you feel that you have been the victim of an accident in the workplace, you may be entitled to make a claim for compensation, as long as the accident occurred within the last three years. Legally, an employer must be insured to cover any such claims, so it is important that you don’t put off making a claim because you don’t want your company to suffer financially – this will not be the case if they are acting legally and are fully insured. The ultimate aim of making a claim is to return you to the position you would be in if the accident had not occurred.

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Car Traffic Accidents

October 2nd, 2010

A car accident can be a traumatic experience for the victim, and can time to get over. If you have been the victim of a car accident, you will often be able to make a claim for compensation. Car accident claims are a relatively stress free way of claiming some compensation for your injuries, with car accident lawyers providing the help and support to make your claim a success.

All cars and vehicles are legally required to have insurance that will protect against road traffic accidents. Therefore, if an accident occurs, the first step is to exchange insurance details with the others involved. However, in some cases there will not be an insurer to deal with, if for example the driver has no insurance, or has left the scene in a hit and run situation. In these cases you may still be able to claim through the motor insurers bureau.

To make a claim you must prove that someone other than yourself was responsible for the accident and any subsequent injuries you are claiming for. You should be sure to collect names, addresses and phone numbers of any witnesses at the scene of the accident. Additionally, you should try to collect photographic or film evidence of the physical manifestation of the accident, such as smashed glass, skid marks, or the final positions of the cars involved. If anyone is injured or if one of the offending parties flees the scene, then the police should be contacted and the incident officially reported.

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Product Liability Claims

October 1st, 2010

Product liability is an area of the law where those involved in making goods available to the public are held liable for any injuries that those products may cause. As a consumer, if a product causes you harm or injury product liability claims can be filed. Filing a product liability claim will allow you to gain compensation for your injury, in addition to guarding against others suffering similar injuries in the future.

The first step to take is to ascertain who is actually liable for your injury; pursuing a claim from the wrong party can waste your time and money. Usually, it is advisable to pursue the manufacturer of the product rather than the seller, as they are in charge of distribution of the product rather than the manufacture and quality control.

If the problem was caused by a fault in the production process, then the manufacturer will often settle the claim and admit liability. If they don’t wish to settle at this stage, they will have to prove one of six possible defences:

1. The defect is a direct result of their compliance to other laws.

2. They could not reasonably be expected to discover the safety defect; often in the case of scientific discoveries coming to light after manufacture.

3. In the case of a component manufacturer, they are not liable if the injury was caused by those who assembled the product.

4. The product wasn’t supplied as a course of business; it was a gift and therefore was not sold to the claimant.

5. Another party caused the defect after the manufacturer supplied them with it.

6. They did not supply the product; it was a counterfeit copy of their product or was stolen.

If they cannot prove one or more of these defences, then you will have a case for making a claim.

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