Avoiding Common Accidents

Archive for April, 2010

If you have experienced injuries resulting from a car accident, medical negligence or an accident in the workplace, the chances are you will want to seek compensation from the negligent party to absorb loss of earnings and to provide you and your family with financial security.

By far the best and most cost-effective way of achieving personal injury compensation is to enter into a no win no fee agreement with a solicitor.

The ‘no win, no fee’ agreement has replaced Legal Aid as the fairest means by which to pursue a claim for personal injury resulting from negligence.

It allows each and every UK citizen to pursue a claim in the secure knowledge that, were they to lose their claim, not a penny would go to the solicitor representing their case.

This means that if you are the unfortunate victim of a car accident and are suffering the effects of whiplash or psychological distress, the loss of earnings resulting from inability to work are compensated.

It is sensible to discuss with your solicitor whether or not to take out an After the Event insurance policy. This will guarantee you will not have to pay out any costs from the pursuit of your claim; meaning that you get to keep all of the awarded compensation.

This policy should be taken out by your personal injury solicitor and covers the costs of the administrative and research side of the claim. It will also cover the cost of any success fee your solicitor may include in the personal injury claim agreement.

No win no fee accident claims cover a broad range of personal injuries, and whiplash is a common injury often caused by the violent and sudden movement of the neck (often during a car collision). Solicitors affiliated with the Motor Accident Solicitors Society (MASS) deal with personal injuries specifically resulting from car accidents. Participating solicitors provide a free initial consultation.

It is thought that about 20% of car passenger victims of road traffic accidents suffer from some whiplash, but only about 10% of all whiplash cases lead to long-term or severe disability. However even though symptoms of mild to moderate whiplash (neck and shoulder pain, headaches, blurred vision and dizziness) usually disappear after a few hours or days, a significant proportion of whiplash victims will require significant time off work to make a full recovery. In some cases a neck brace will need to be worn and occasionally the whiplash might involve some vertebrae fractures, which will mean the victim will suffer from restriction of movement as well as considerable pain and discomfort for many weeks or even months.

The existence and severity of whiplash can be identified by a medical exam or x-ray and these medical investigations will obviously form the basis of any car accident claim. More serious side-effects of whiplash include memory loss, persistent migraine, ringing in the ears (tinnitus) and depression or other mood disorders. Anyone who thinks they may have a whiplash injury should seek immediate advice from their GP in the first instance as they may be entitled to compensation. If symptoms are left unchecked, the whiplash effects could well worsen over time and this will inevitably impact on the compensation claim process.

Employers are supposed to ensure that they carry out their duty of care to employees. This applies equally to office workers as it does to shop floor workers.

For instance, anyone using a computer should be working in a suitably safe environment. The seating and monitor should be set at the correct height; keyboard wrist rests should be available if needed. Plus, regular breaks should be taken.

Information about potential risks should always be available and visible at all times in the office. This should include warnings and details of symptoms of RSI and associated disorders. The information must also tell employees that if they suspect they have symptoms of RSI that they must notify the employer immediately.

In short, while personal injury claims for RSI can and should be made, it is also important to realise that your chances of success in pursuing a personal injury claim will depend on your own behaviour as well as that of your employer.

If you believe that the steps outlined above have not been followed, then you are within your rights to make a claim against the employer’s liability insurance.

Recently our working patterns have changed with the use of mobile devices such as laptops, PDAs and Blackberrys. RSI injury can still occur and if you sustain the disorder while using your employer’s devices, it is possible that you could make a valid claim.

RSI is a serious condition that can result in you having to give up work. It shouldn’t be disregarded.

Professional negligence claims fall under the subset of general rules of negligence in the United Kingdom, and basically cover any situation in which you as an individual have either suffered a personal injury or some form of loss or damage as a result of the defendant’s representing themselves as someone with higher than average skills and abilities, but when things come down to the wire prove to be somehow in breach of the duty of care laws. While not limited to these types of jobs, most professional negligence claims stem from such trades as plumbers, electricians, and builders, but can also include lawyers, doctors, accountants and more.

In personal injury claims, proof of negligence must be made prior to any compensation awarded to an individual. A no win no fee solicitor will present the facts and the compensation terms will either be accepted by the defending party, or the case will go to trial before a judge. In terms of contractual breach claims, an individual who is entering a contract can be sued depending on the breach of terms that have occurred. Contractual obligations fall in line with duty of care laws, therefore anyone breaching a contract is considered negligent as far as the law is concerned. You will be eligible for some form of no win no fee compensation as long as there was a breach of terms, so contact your no win no fee lawyer at your earliest convenience to determine whether or not you have a professional negligence claim.

Perhaps the most vital thing to consider when making a personal injury ‘no win, no fee’ claim is the time it will take to complete. If you are claiming for an injury sustained as a result of a car accident, have suffered from an industrial or work-related incident, been victim of a wrong diagnosis by your local GP or hospital, or have suffered psychological damage as a result of negligence, you will want to begin a ‘no win, no fee’ claim for compensation.

Do not leave it too long before making your claim. Your personal injury solicitor will want to have as much time as possible to make your claim as watertight as he possibly can.

This means the solicitor getting in touch with as many witnesses as possible. Many of these witnesses will be leading busy lives and the details of the accident may soon start to blur. As the saying goes, the devil is in the detail.

This is particularly important with work-related accidents. Put yourself in the position of an employer; if he realises that he is culpable for the accident, it is unfortunately possible that he may attempt to cover up the traces of his negligence.

There have even been accounts of employers using strong-arm tactics on fellow employees in an attempt to suppress or divert the circumstances of the accident.
To avoid such a situation developing, it is crucial to contact your ‘no win, no fee’ solicitor at the very earliest opportunity.

By so doing you greatly increase the chances of a successful claim for personal injury caused by your employer’s negligence.

Personal injury, no win no fee agreements have been around for at least ten years. Before that time, many people could not afford to claim for compensation after an accident or illness caused by negligence, whether this was a car accident, an injury at work or a faulty diagnosis from a doctor or hospital.

Personal injury, no win no fee claims allow everyone in the UK an opportunity to take legal action following an accident, with the exception of claims resulting from  criminal activity.

The easiest way to enter into a no win no fee agreement is to contact a solicitor as soon as possible after an accident has taken place. This will ensure that even if your claim is unsuccessful, your solicitor will not be able to charge you the standard fees.

However, depending on your claim, the solicitor may well advise you to take out what is known as an After the Event insurance policy. If you decide to take out the policy your solicitor will organize it on your behalf and claim back the cost of the policy from the negligent party or its insurers.

The benefit, therefore, is obvious. You can rest assured that the solicitor will do the utmost to ensure your claim is settled satisfactorily because should the claim be unsuccessful, the solicitor will receive nothing for work done.

Moreover, if your personal injury claim is successful, all of the costs and fees are deducted from the negligent party with nothing being removed from your compensation.

So, whether you have a claim for whiplash resulting from a car accident or fell over some unevenly laid paving slabs, a no win no fee claim could be the answer to any loss of earnings resulting from an injury of which you were entirely innocent.

It is important to understand that seeking compensation for injuries and harm caused due to negligence is a civil and legal right. It is not a social problem or a symptom of the compensation culture that many alarmists would have you believe. When individuals suffer injuries, they have a right to make personal injury claims.  Compensation awards can help them afford the necessary services that enable them to adjust and fully recover to their pre-trauma state of being, as well as cover any sort of financial losses that may have occurred in the interim. Financial compensation packages from the person or company responsible for the injury can make the difference between recovering completely and not recovering, and are a vitally important aspect of the law.

The no win no fee system came into place in 2000 when legal aid in such cases was withdrawn. Under this new system, the losing side covers all legal and other costs of making personal injury claims, with the claimant taking out insurance to cover him or her against the risk of losing under the no win no fee system. Unfortunately, the legal processes are generally misunderstood by the mass public, and consumers must understand that no win no fee compensation is their right by law. There are no hidden fees, no hidden agendas, just compensation. If you are someone who has suffered a personal injury and need to make an accident or injury claim, contact a no win no fee lawyer for more information on how to receive your compensation.

Perhaps one of the most unusual of the industrial or occupational injuries is repetitive strain injury, (RSI).

Until fairly recently, this type of injury has been difficult to prove as being workplace based. It is also a personal injury claim that can be difficult to pursue. For example, RSI is often caused by constant use of computer keyboards but millions of people use computers at home without showing any apparent ill effects.  That being said, while it can be a difficult injury to prove, it isn’t impossible to do so. So, if you believe that RSI was caused through your work, then contact a no win no fee employment solicitor who will ensure that a thorough medical check is made prior to starting any personal injury claim.

More and more information is being gained from studies into RSI. Currently it is known that the injury can be caused in a number of ways, with the commonest injuries being, Tendonitis, Carpal Tunnel Syndrome and Vibration White Finger, (VWF). The last can also have other side effects that result from the unique working conditions that caused the injury.

Sufferers of RSI, also known as Work Related Upper Limb Disorder, (WRULD), complain of pain, swelling, tingling and stiffness in the hands and fingers.

If this something that you think you are suffering from, then it is advisable in the first instance to get it checked by your doctor. Some two thirds of office staff are thought to suffer from what can become a very debilitating disorder but have not made a personal injury claim against their employer.

Anyone who has been hurt by someone else or has had someone die at the hands of another has the right to file a personal injury claim. Personal injury claims cover both injuries and cases of wrongful death. To file a personal injury claim, the injuries or death must be due to direct or indirect actions of another. Accidents and wrongful behaviour, like abuse, are considered direct actions that can harm another. Indirect actions can include medical negligence and any actions that could have been taken, but weren’t, to avoid death or injuries to another.

While the injured person may not recover completely and the loved one will not come back, filing for compensation can help deal with these consequences. Accident compensation claims take into consideration the direct results of the injuries or death, such as medical expenses, damages to personal goods and loss of wages. They can also provide a monetary amount based on the pain and suffering of the victim. Pain and suffering can be quite a grey area, with little to no guidelines on amounts to claim. For this reason, it is a good idea to seek the advice of a personal injury claims solicitor.

Personal injury claims solicitors can help determine whether there is an actual case that can be claimed. Based on the specific circumstances of the case, as well as by looking at similar cases that have been successful, they will be able to provide a good estimate of the amount of compensation that could be won. Filing and winning a personal injury claim will help alleviate the pain of the situation and can provide the time you need to recover.

After an accident, most people seek medical advice, but that’s all. Depending on the circumstances of your accident, you could possibly be in need of legal advice as well. If you have been injured at the hands of another person whether directly or as a result of their negligence, you may be entitled to compensation.

Accident and injury claims are as varied as the individuals filing them, so if you feel you could have a case, it is important that you see a solicitor as soon as you can. The advice provided by a solicitor can help you make a solid case that is likely to win. If you are worried about legal costs, there are many no win no fee solicitors who offer conditional fee arrangements for personal injury claims.

A no win no fee solicitor will evaluate your individual case based on the information you provide, as well as the results of similar cases in the past. Using all the evidence you have gathered relating to your injuries, the solicitor can provide a compensation estimate as well as the likelihood of your case being successful. The compensation estimate will cover all your expenses due to the injury, as well as an amount to cover your pain and suffering.

With a no win no fee compensation agreement, your solicitor’s fees will only be paid if your case is won. When a case is successful, the legal fees will either be paid by the opposing side or be a set percentage of the amount you are awarded. It is very important that you know up front how much your fees will be and how they will be paid should your case win. If the case is not successful, you will not have to pay any fees.