Avoiding Common Accidents

Archive for the ‘Compensation Claims’ Category

Food poisoning affects millions of people in the UK every year, although in the vast majority of cases, the symptoms will be relatively minor and pass within a day or two. Like all kinds of no win no fee personal injury, the claimant needs to prove that another party can be held accountable for the fact they suffered from poisoning.

Restaurants, caterers and hotels might be found responsible for diners falling ill with food poisoning, particularly if it affected more than one person. Restaurants are subject to stringent health and hygiene regulations overseen by the Food Standards Agency, and if they are found to fall short of these high standards, there is a case to make a no win no fee compensation claim against the restaurant.

Other types of poisoning are caused by carbon monoxide (from faulty gas appliances or heating systems) and lead poisoning. Carbon monoxide is also known as ‘the silent killer’ due to the fact that it is odourless and colourless. As this name suggests, the effects of this gas can be extremely serious and even lead to death. The negligent party might be an employer or a landlord, both of whom are under a legal obligation to service and maintain any potentially dangerous equipment, in which case a no win no fee solicitor will be able to help the victim of the poisoning receive the compensation that is due to them, especially if they had to be hospitalised and have time off work.

Two of the common bacteria which lead to food poisoning are e-coli and salmonella, but they are destroyed if the food served is from a reliable source, is cooked thoroughly and the basic hygiene rules are followed (washing hands regularly with antibacterial soap and using clean utensils).

Prior to the dissolution of legal aid in the UK, the British government was faced with a variety of costs that were spiralling out of control as healthcare lawsuits ran unchecked. The no win no fee system was put in place to protect individuals who are otherwise unable to afford representation in a court of law. The law proved to be so effective that legal aid was eventually eliminated, and the no win no fee system in place today is currently the most common type of system used to make personal injury claims or accident claims. Under this system, lawyers can claim their legal costs from the other side regardless of whether or not they win or lose, and the individuals in question are not required to pay any fees out of their own pocket.

No win no fee claims are absolutely free. If your no win no fee lawyer asks for any legal fees upfront, you should walk away. While a no win no fee lawyer is allowed to charge a certain percentage of the compensation as their “win” fee should they win your case, this is required to be deducted from your compensation fees, not come out of your own pocket. The first thing you need to do in making accident claims or personal injury claims is to contact a no win no fee solicitor and discuss your potential options to determine whether or not you are eligible to file a claim under the no win no fee system.

Every year, around 2.5 million people in the UK are injured as a result of an accident which wasn’t their fault, but less than a third of accident victims make a claim for damages. If you have suffered any kind of personal injury, it is crucial that you seek expert independent advice from someone who can assess your compensation claim and help you receive the full amount you are entitled to.

Claims assessors usually offer their services on a ‘contingency fee’ basis, meaning that they take a proportion of your won compensation in lieu of their fee (if you win nothing, they get nothing), whereas if you go direct to a specialist solicitor, they are more likely to offer a ‘no win, no fee’ service with a guarantee that you will receive 100% of the compensation. (They recover their fees on top of the claim from the insurance company of the negligent party, so the claim is risk-free.)

Another advantage is that all solicitors have insurance against negligence. Depending on the type of injury, the appointed solicitor should be a certified member of the Law Society’s personal injury or clinical negligence accreditation scheme. Most solicitors specialising in this arena will be members of the Association of Personal Injury Lawyers (APIL). Most law professionals belonging to APIL are part of an accreditation scheme which guarantees its members have expertise in a particular aspect of personal injury.

The term ‘no win no fee’ can be a little misleading because the implication is that if you do not win the case, you will not need to pay anything. In most cases, however, losing the case means having to cover the legal costs of the other party. One way of getting around this is by taking out after-the-event (ATE) insurance. Anyone seeking compensation for a personal injury claim should seek legal aid or go to their local Citizens Advice Bureau in the first instance.

Personal injuries come in all shapes and sizes. Some injuries are obvious, such as those sustained in a car accident, while with others, this is not the case. What many people don’t realise is that personal injuries can be both physical and psychological, can be a condition or illness and some can have long-term effects. Either way, if someone has been injured, or has died due to an accident, negligence or even abuse, they or their heirs can file a personal injury claim, no matter how major or minor the injuries are.

Personal injury claims can be filed by anyone who feels that their injuries are at least partly due to someone else. The main reason for making personal injury claims is to have any expenses caused by the injury covered. The compensation can even take into account any future medical expenses for long-term conditions and illnesses.

There are specialist no win no fee solicitors available to provide advice on whether the claim is legitimate and also about the amount of compensation that the victim may possibly receive. Often, these claims can take a long time to be processed, so it is not uncommon for personal injury solicitors to offer a conditional fee agreement, or no win no fee agreement, for the associated legal fees. This is relatively new in the UK and under this agreement the person filing the claim only pays the solicitor if they win the case. Solicitors do not have to agree to this type of payment, but it is worth inquiring about, particularly if your case is highly likely to be won.

If an individual has suffered an injury as a result of a violent crime then he or she may be able to apply for compensation to the Government’s Criminal Injuries Compensation Authority. This body was established by the Government in 1964 and is a non-departmental body which administers compensation to victims of violent crime throughout the UK, on the basis of common law damages.

The Criminal Injuries Compensation Authority (CICA) was established in 1996 to administer a new tariff-based scheme. All claims received after April 1996 received awards in accordance with this new scheme. The scheme is not intended to fully compensate the victim, but rather it is an expression of public sympathy to the victim. The level of award differs from general damages in civil proceedings in that awards are calculated using a strict tariff and there are 25 tariff levels ranging from £1,000 to £250,000. There are 200 injury groupings for which the scheme pays out compensation and claimants can find the details on the website www.cica.gov.uk.

To qualify for an award the injury suffered has to be the direct result of a violent crime, trespass on a railway or the attempted apprehension of a criminal which must have taken place in Great Britain (including the Channel Tunnel). To make a claim the culprit does not have to have been apprehended or convicted although if this is the case it makes the process easier. Claims must also be made within two years of the incident.

If an individual wishes to seek compensation from the perpetrator of the crime then the police must be informed. The individual cannot apply for compensation directly and on no account must he or she contact the culprit. The police will pass the information to the CPS who will inform the court. The offender will pay compensation through the court not directly to the victim.

Accidents happen and, when they do, it’s important to be prepared if you are going to file a personal injury claim. Being injured can change how you live your life. Even if your injuries heal, that doesn’t mean that your life will go back to the way it was. After an accident, many people lose confidence or no longer feel comfortable in the situation where the accident happened. These changes can have wide ranging impacts on all areas of your life. This is why it’s important to gather as much information to ensure your claim is successful.

Consider the following when preparing a personal injury claim:

•    Get legal advice. There is a lot of grey area when it comes to the law, and this is particularly true for accident claims. Seeking the advice of a solicitor or lawyer can mean that you have a much better chance at success. Not only will they review your case to determine if it has a chance of success, but they can suggest areas that you may not have considered in your claim.

•    Get a medical opinion. A doctor’s prognosis is always required for any personal injury claim. It is important to have thorough physical and psychological tests to determine the extent of your injuries, and also their possible effects in the future.

•    Compensation amount. Determining the amount of compensation you should receive can be very tricky. Items like medical expenses, repairs or replacement of damaged goods and the like are easy to document. What is much more difficult is the value of the pain and suffering due to the accident, both presently and in the future. Both of these areas are important for determining your compensation claim.

If you have been injured in an accident, automobile or otherwise, you have many decisions to make.  Especially if you were not at fault, you’ll want to consider your options regarding compensation for your injuries.  In many cases a solicitor will be required to help you with your case, and a no win no fee accident solicitor, someone who specialises in these cases, should be one option under consideration.

In the no win no fee claim, the solicitor is not paid his or her fee unless your case prevails.  Other fees, such as recording and copying fees, and fees to pay expert witnesses, however, may still need to be paid before the case is decided.  The solicitor’s fee is also much higher under a winning scenario than under a standard fee agreement. This is because the solicitor is assuming the risk of the case under this compensation package.  However, it can also encourage the solicitor to work harder on your case, since his or her compensation is at stake.

Some payment is usually required from you even under the no win no fee scheme, however.  Some fees need to be paid immediately, such as recording fees, copying and research fees, or fees for expert witnesses. Also, you will usually be asked to purchase an insurance policy called After The Event insurance.  This pays costs should you not prevail.

Your local Citizens Advice Bureau can often be a good first stop for information and assistance when considering a no win no fee injury claim.  There are, of course, advantages and disadvantages to the various schemes, and only you can decide which one is best in your particular situation.

Accidents at work can have a serious effect on the financial security and health of employees. Although companies are legally bound to ensure a safe and pleasant working environment, injuries unfortunately still occur.

Have a good look around your workplace. Are there cables lying around on the floor? Are there any faulty electrical fixtures? Are there any damp or wet patches where you could perhaps slip? 

Too often things we take for granted can lead to accidents, simply because they become so familiar to us.

Chemicals are a good example. Most industrial chemicals are highly toxic, but because we work with them every day any ill effects may take a considerable time to become apparent. However, allergies that could cause anything from respiratory trouble to irregular heartbeat may be the result of defective protective equipment and can severely impair our health.

If you find yourself suffering from any form of injury that you believe could be a result of poor working conditions, go and see your doctor immediately.

This may seem an obvious thing to do, but if you decide to take on a no win no fee personal injury compensation claim you will need your doctor’s notes, diagnosis and treatment, to substantiate your claim.

Choose a solicitor who is experienced in personal injury claims and check on his success fee if your case is upheld. Although you are not liable for costs if you lose your claim, a portion of your compensation may have to be paid to the solicitor if he is successful.

Remember, most claims have to be started within three years of you sustaining the injury.

The most serious kinds of physical injury tend to be those affecting the head/brain and/or spine, as these constitute the human central nervous system, which governs essential motor functions (movement, balance) as well as memory, vision and speech. Spinal injuries are distinct from back injuries as the latter is a common consequence of lifting excessively heavy weights or straining the back by lifting a load in an inappropriate manner.

These types of injury are frequently claimed against employers, who are under a legal obligation to ensure workers who are expected to lift heavy objects as part of their job are trained in how to do so safely. Brain injuries range from the relatively minor (mild concussion, for example) to skull fractures to severe brain damage (such as intracranial haemorrhaging or a malignant tumour), which can lead to paralysis, long-term incapacity or even death. Major brain injuries can be caused by road accidents (in particular for cyclists, even if they wear protective headgear) or by serious falls or criminal assaults. Common effects of such an injury are loss of concentration and/or memory, mental and/or physical disability, changes in personality, difficulty in communicating and extreme fatigue.

It is clear that injuries to the head/brain and spine often have devastating long-term consequences, and impact deeply and negatively on the victim’s entire life and also the lives of their friends and family. A victim of such an injury should seek expert advice from a specialist no win no fee solicitor in order to obtain the compensation that is due to them, which will help take some of the stress and strain out of the whole traumatic experience.

If an individual decides after suffering a personal injury that he or she wishes to claim compensation, there are various ways of achieving this. An individual can choose to use a claims assessor, take legal action in a civil court, make a claim to the Criminal Injuries Compensation Authority, or there may be a special Government compensation scheme for some types of injuries and losses.

An individual can claim two types of compensation, general and special damages. General damages are compensation for an injury, for example a payment for suffering and pain or loss of potential earnings. The court decides how much should be paid to the claimant. The amount that an individual receives will obviously depend on the seriousness of the injury and the financial losses incurred. The award will be based on medical evidence, normally provided by a specialist. The court will take into account the effect of the injury or illness on the individual, and their life in the present and in the future. It is difficult to predict how much a court may award and it will depend on levels set by past awards and the severity of the injury. Simple car accident claims for whiplash might result in compensation varying from £1,000 to £3,000, whereas a serious knee injury could result in an award from £36,000 to £50,000. These are only estimates and to find out more an individual can consult Kemp and Kemp – Quantum of Damages at his or her local library.

Special damages are compensation for actual financial losses that occur as a direct result of the accident. This may include clothing, belongings, travelling costs to hospital, car hire, cost of care, medical expenses and the cost of repairing a car damaged in an accident. If the claimant is deemed by the court to have been partially responsible for the accident then the amount of compensation can be reduced. It is important that all receipts and invoices for expenses related to the accident are retained by the claimant. In serious cases the court will also consider the ongoing financial cost of providing care and making alterations to property or vehicles. This includes care provided by family members.

No win no fee solicitors or no win no fee lawyers can help claimants make no win no fee claims for compensation. Many specialise in accident claims in specific areas such as medical negligence claims, car accident claims or work-related accident claims.