Avoiding Common Accidents

Archive for June, 2010

One of the commonest personal injuries as a result of a road traffic accident is whiplash. This is a very painful soft issue injury of the neck that is caused by the head jolting forward and immediately back, when a vehicle impacts with another car or object. Depending on the force of an impact, whiplash can be slight or very severe. It can in more serious cases lead to disability – even paralysis, so it is something that should be taken very seriously.  Medical advice should be sought straight away even if the injury appears to be slight. Long-term health problems and complications such as arthritis are possible.

The onset of whiplash symptoms may take a few hours or even a day or two. It doesn’t always become apparent immediately after an accident; it could take a while to fully manifest itself.

It is therefore important to obtain a medical opinion and treatment as soon after the accident as possible. Obviously if the accident is serious you will almost certainly end up in an A & E department where X-rays will be taken and treatment commenced.  Full records will then exist that will greatly assist you in any personal injury claim that you may pursue. An insurance company will require a medical report about any injuries sustained when you are submitting a car or other vehicle accident claim.

Whiplash does not of course affect just car drivers. Passengers in a vehicle are equally at risk and are also able to pursue a personal injury claim even though they are not the insured person.

Depending on the severity of the accident, symptoms of whiplash can include headaches, a severe pain in the neck, shoulders and or arms, and dizziness. In more serious cases, memory loss, depression, concentration problems and a permanent ringing in the ears, known as tinnitus may occur.

A whiplash compensation claim can be pursued through the use of a no win no fee lawyer.

With the exception of car accident claims, it is most likely that you will have to get legal advice over any accident involving personal injury that you are involved in.  Ensuring that you get the best legal advice possible is paramount.

Solicitors specialise in different areas of the law, so finding a lawyer that specialises in personal injury claims is vital. That being said, all solicitors should be able to give you some basic information then point you in the right direction if they can’t help you themselves.

In recent years a number of law firms have been set up to offer specialist services involving accidents and personal injuries but it is essential to make sure that you find the right kind of legal service for your needs.  It is therefore necessary to ensure that the legal representative fills the following criteria:  Does the solicitor have personal liability insurance in case something goes wrong?  Does the solicitor or law firm operate under a strict code of professional conduct?

On a personal level, you should feel comfortable with the solicitor or legal representative and be happy that he/she is acting in a proper manner and is giving you good advice. This would include mention of any likely costs and what constitutes a successful personal injury claim.

Finally, do you already have legal expenses insurance? If so, then this is likely to cover the costs of taking legal action. If not, the solicitor will advise about no win no fee claims.

Some people may make personal injury claims after hurting themselves using a product. These products can range from faulty exercise equipment to contaminated food. If the fault lies firmly with the supplier or the manufacturer then the user may have grounds for a claim.

A supplier or manufacturer has a legal obligation to provide a product that is safe for members of the public to use. Anyone who uses a product and becomes injured may have grounds to claim, particularly if the injury has a long term effect or has caused financial hardship in some way.

A product is considered to be defective if it is not fit for the purpose for which it was bought. The item itself may also cause injury if the instructions are inadequate or if there is a lack of warnings about potential dangers based on history. Going ahead with a liability claim on a product can be time consuming, as it often requires analysing the technical information in some depth. 

The issue of liability can also be complicated, as the manufacturer may not be the only person liable. Importers, suppliers and firms that may have carried out modifications to the product could also be considered to be liable. Shops where the items have been bought are not usually liable even though they have their own duty of care to the customer. 

If you have sustained an injury caused by use of a product, but you are unsure if you can make a personal injury claim, then it is a good idea to consult a no win no fee lawyer to clarify your position. 

There is a big secret about injuries:  they don’t all have to be endured without recompense. The rule of thumb which can lie between misery and much needed financial restitution is this: if your injury resulted from the misconduct, neglect or carelessness of a third party, whether an individual or an organisation, you are almost certainly entitled to proceed with personal injury claims. And today, with no win no fee compensation deals becoming the norm, making accident claims has effectively become a risk free procedure.

Even people employed in ostensibly high risk occupations, such as serving in the military, should consider the possibility of compensation. War and conflict is a violent and dangerous business and some injuries, sadly, are inevitable. But as with any other form of employment, if your injury is the result of faulty equipment, assault (which can include psychological consequences), ‘friendly fire’, inadequate protection against hazardous substances or medical negligence, you are entitled to compensation.

And on the theme of harm caused in the workplace, industrial diseases can also be grounds for a no win no fee compensation claim. If you have suffered impaired hearing due to excessive workplace noise, breathing difficulties or diseases caused by exposure to harmful dust and asbestos, and even more serious conditions – including cancer – caused by exposure to hazardous substances, you should definitely be consulting no win no fee employment solicitors without delay.

There are many occupations in which life-altering accidents can derail your health; financial compensation may not heal all wounds, but it can deliver precious peace of mind.

For most individuals the most worrying aspect of any legal action is the cost. Personal injury claims can take years to resolve and lawyers are expensive. However, it is unusual for personal injury claims to get to court, usually the two parties agree to a settlement at some point in the proceedings. Legal aid is no longer available for personal injury claims in England and Wales.

The first step in any potential claim is to ensure that there is a valid claim. If an individual does have a valid claim the next step is to decide how the costs will be met. With private fee paying the claimant agrees to meet all the costs and disbursements of the solicitor. Solicitors charge an hourly fee which will vary depending on the seniority of the solicitor. Other people such as trainee solicitors, legal executives and paralegals will also work on the case and must be paid. Costs can rapidly run into hundreds or even thousands of pounds. If an individual chooses this method of payment, he or she should be clear of the cost from the start and ask the solicitor for notification if costs exceed a certain threshold. If the case is successful these costs can be claimed back.

Conditional fee agreements or no win no fee injury claims are accepted by some solicitors, although not all. In this case the claimant does not pay any fees and these will be paid by the other party should the case succeed, or be covered by insurance if the case is lost. However, the claimant may be asked to pay expenses such as court fees, police accident report fees, medical report fees and a one-off insurance payment (usually claimed back at the end of a successful case).

There are many no win no fee injury claim firms that can offer advice on the type of injuries and personal injury claims that can be made. Many people don’t realise that personal injury claims are not limited to physical injuries, such as broken bones, and that there are many other types of disorders that may qualify for a claim.

Stress is becoming increasingly common, particularly in the work place, and this can lead to long term illnesses such as depression. Those suffering from stress may find themselves irritable, suffering from regular headaches and finding it difficult to cope with the strain of daily life. Stress can have many causes, but if there are issues in the workplace then it can be grounds for a claim, particularly if the sufferer has been the victim of bullying, harassment or discrimination.

Some people may suffer injury and poor mental health as a result of medical negligence, such as being given incorrect medication, incorrect health advice or mistakes occurring during surgery. Patients who have suffered medical negligence have grounds for making personal injury claims. 

If you are unsure if your personal circumstances qualify for a personal injury claim, then it is a good idea to consult one of the many no win no fee accident helplines available. The helpline staff will be able to tell you if you have grounds to make a claim. Initial consultations are usually free of charge and acquiring the use of a no win no fee firm is a cost effective solution to what could otherwise be an expensive process.

People who have been involved in accidents while they have been on holiday in another country may be wondering if it is possible to pursue personal injuries claims for these incidents. The process may take longer, due to the differences in regulations between the UK and other countries, but there is no reason you should not make a claim if your case is genuine.
 
If you are on a package holiday and the accident occurred as a result of negligence on the part of the holiday company, then you will be able to claim against the holiday company. All the details of the incident should be recorded carefully to ensure that the claim can be dealt with properly and to ensure that there is little chance of the case losing due to inadequate records. When an incident occurs abroad it is also useful to have witnesses who can corroborate your version of events.

Car accidents and similar incidents occurring abroad may take longer to finalise as the no win no fee personal injury law firms will have to deal with foreign insurance firms and solicitors in order to resolve the claim.  As with all personal injury claims, it is a good idea to consult with a specialist lawyer from a no win no fee legal firm to ensure that you have a strong case.

They will be able to advise you on each step that needs to be taken for your claim. Initial consultations are usually free of charge and the advisors will take you through all the details of the incident to assess the next steps that need to be taken.

The main benefits of making personal injury claims are financial. Those who have suffered injuries may need time off work, which can lead to financial hardship. Compensation can be calculated to cover the loss of any earnings as well as the inconvenience of making any claim.

If people experience financial difficulties when they are forced to take time away from work through no fault of their own, they may feel obliged to return to work early. This can slow down or even prevent a full recovery. Compensation can take this worry away and allow injured people to recover properly. 

However, there are also other benefits that should be taken into consideration. For example, if you have been injured at work as a result of a breach of health and safety regulations, making a claim can help to ensure that others will not suffer in a similar way, and encourage employers to deal with the cause of the problem. 

The same applies with road traffic accidents. If you are injured at an accident black spot, the authorities will be encouraged to put measures into place that can help to prevent accidents occurring, such as road traffic signs, speed cameras or even reducing the speed limit on that particular stretch of road. These measures can help prevent similar accidents occurring, which will help other people. Using a no win no fee legal firm means that initial consultations are free of charge and you can be clearly advised of the benefits that will apply in your particular case.

Any Personal Injury Compensation Claims must be made in accordance with the correct procedure. In the UK, a claim for any asbestos-related disease must be started within three years of the date that you first became aware of the diagnosis. On the rare occasion that a case is fatal, the claim must be commenced within three years of the date of death, or within three years of the date that the family became aware of the cause of death.

Since the early 1900s, exposure to asbestos fibres has been recognised as being exceptionally dangerous. This is because asbestos is made up of microscopic fibres that can be inhaled into the lungs. These fibres can also be carried into homes via clothes and hair, thereby additionally putting your family at risk.

There are a wide variety of illnesses related to asbestos, and each one varies in severity. These diseases include Lung Cancer and Mesothelioma. In addition, scarring of the lung’s outer lining, known as Plerual Plaques and Pleural Thickening, can occur.  It is of utmost importance that you obtain the correct diagnosis to determine which asbestos-related disease you are suffering from.

If you or a loved one have been exposed to asbestos, or have been diagnosed with any of the above, please call a no-win-no-fee solicitor as soon as you can. They will be able to assist you with your claim, as well as providing the expert advice that would be required through this traumatic time.

The use of no win no fee personal injury lawyers is rapidly increasing as those who wish to make a claim feel more confident about being able to afford to pursue their case. Initial consultations with the firms that specialise in personal injury claims are usually free of charge and you will be advised if your claim can be realistically pursued.

Claims can be made for injuries caused in the workplace, either by working with inadequate equipment or being placed in unnecessary danger by inadequate health and safety procedures. Workplace claims can also cover stress that has been caused by harassment, discrimination or unnecessary pressure. 

Personal injury claims can also be made by those who have suffered as a result of working with asbestos or in coalmines. These types of jobs can lead to long term illness and specialist funds have been set up by the government so that those affected can make claims. There are several law firms that specialise in dealing with these situations and they are the best companies to advise you if you have a valid claim. 

Road traffic accidents are an increasingly common source of personal injury claims and there are also no win no fee accident advisors who specialise in this type of claim. There are time limits placed on the claim, so that any claim attempted after the allotted period of time will not be allowed. If a claim has been made within the specified time then the court may allow the proceedings to go beyond that time frame.