Avoiding Common Accidents

Archive for the ‘Compensation Claims’ Category

Many no win no fee legal firms today specialising in personal injury claims and accident claims of all kinds pride themselves on ‘cutting out of the middleman.’ Run by lawyers specially qualified and accredited by the Law Society to handle injury claims, these law firms obviate the need for compensation assessors (‘the middle men’ they abjure) and provide sound, expert advise to anyone considering making a claim.

Specialists include no win no fee solicitors, specialising in handling cases of workplace injury, disease or psychological illness. More generally, psychological distress is now firmly regarded as an injury, whether it has been caused by unmanageable stress at work, the trauma of an accident or disaster, or through childhood mistreatment. Most no win no fee compensation claims take the form of accident claims, though, with car accident claims (and whiplash compensation in particular) generally coming at the top of the statistical list.

The rule of thumb for prospective claimants is that if your injury has arisen as a result of the carelessness or negligence of another party, whether in the form of a local authority failing to rectify an uneven paving stone or an employer failing to implement adequate health and safety procedures, you have grounds fro making a claim. Act swiftly, though: there is a three year time limit from the date of the accident, beyond which you will be unable to pursue compensation.

There are many forms of industrial disease and illness, which can include skin complaints, deafness or breathing difficulties. However, no employee today should have their health damaged, or get an injury from their place of work. If you have an industrial illness or disease, then you deserve compensation for your pain and suffering.

The most commonly seen diseases are cancer and other serious conditions, which are normally caused by exposure to toxic substances. We also see problems with breathing caused by exposure to dust or asbestos, or through years of working underground in mines. Hearing difficulties are another condition that often occurs as a result of continually working near noisy machinery. Employees should never have been exposed to these hazards in the first place and should therefore never have been able to contract these illnesses.

Fortunately for modern workers, employers regularly receive top advice on all health and safety problems. Unfortunately, some irresponsible employers still prefer not to adhere to these rules, so accidents, injuries and illness in the workplace still unfortunately happen. Any organisation ignoring rules set in place by the government, which are there for your protection, must certainly compensate you in the event of an accident.

If you feel that you have been injured or have an Industrial Illness caused by your employer neglecting the duties of care, then call a no win no fee solicitor who will be able to give you expert advice.

Shop owners have a duty of care to their customers and to any other visitors to their premises. It is their responsibility to ensure that they have taken every precaution to protect you, and to make sure that all potential slips and trips are avoided.

One of the most important features of a shop that must be kept safe is the staircase. All staircases must be kept well lit, in good condition, and free of obstacles. Shop floors must be kept clean and clear of any objects that may cause customers or staff to trip over. Spillages must be cleaned up straight away and all goods must be stacked safely.

Should you fall over in a shop, you may be able to claim for compensation. However, remember that with any no win no fee claims, you will need to prove that the shop was at fault and that your injury was entirely due to their negligence. Try and get as many witness reports as you can, and be certain to obtain information about how long the spillage or object had been there before your accident. The longer it was there, the higher your chances of success.

If a system had been put in place to check and clean up spillages before your incident, then your chances of a successful accident claim are going to lessen significantly.

If you feel that you have a case for personal injury against a shop owner, whether it be your local corner shop or a large supermarket chain, then please call a no win no fee solicitor to get full and free advice.

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.

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.

Often, when someone has been injured, or even died, due to the actions of another, whether accidental or on purpose, compensation should be paid to the injured party. Unfortunately, in this day and age, rare is the case where compensation is automatically offered to the victim. Instead, most people will have to fight to get any compensation at all. Because obtaining compensation for a personal injury is a legal battle there are definite benefits to hiring a personal injury lawyer.

Personal injury lawyers specialise in these types of cases, so they have the expertise needed to turn a claim into a winning case. Due to their experience they will be able to advise you from the outset on whether the case has a chance of success and also what can be expected from pursuing the case. This experience also makes them more able to build your case and prepare you for what will be needed.

Many personal injury cases are settled before they ever reach court, but this doesn’t mean that you should go it alone. You will almost certainly be settling with an insurance company, not the person who caused the injury or death. Insurance companies go out of their way to pay the least amount possible, so by hiring a personal injury lawyer, it is likely that you will receive a much higher level of compensation than if you tried to negotiate on your own.

Finally, should your case need to go to court, personal injury lawyers have the knowledge of what this requires. Hiring a personal injury lawyer is not only a way to improve the odds of winning your case, but also a way to protect yourself and your rights as an individual.