Insurance, Claims & Accidents

Archive for the ‘Compensation Claims’ Category

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.

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.

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.

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.

One option for people who want to file a personal injury claim, but can’t afford it, is to enter into a conditional fee agreement, or no win no fee, with the solicitor. Under this type of agreement, fees are waived until the case has been heard. Depending on the outcome of the case, fees may or may not be paid.

No win no fee agreements mean that if the case is lost, you will not have to pay your own legal fees, although you may be responsible for some expenses. Unfortunately, if you do lose your case, it is likely that you will have to pay the legal fees of the other side. In some cases, these fees may be even higher than your original fees.

Before some solicitors agree to a no win no fee case, they may ask that ‘after the event insurance’ is taken out. After the event insurance is a type of insurance policy that will cover the costs incurred due to losing a case. Not every insurance company offers after the event insurance and not every person will be able to obtain cover.

Like solicitors, insurance companies review claims on a case-by-case basis to determine the likelihood that the claim will be successful. If the insurance company feels that a case is unlikely to be won, the company may refuse to insure that person making the claim. After the event insurance can be expensive in itself, so it is important to take this into consideration before going forward with a claim as this should be factored into the potential costs of making the claim.

Industrial disease is one of the most common types of injury to afflict people in the workplace. Although it is a legal requirement for the employer to make sure that conditions at work meet with all health and safety guidelines, it is an unfortunate fact that accidents still occur.

There are many types of industrial disease, but of them all, industrial deafness is perhaps the most common. Although most people think of it as being caused by heavy machinery in an industrial plant, employees working in nightclubs and discotheques are equally vulnerable. Indeed, a set of speakers emits roughly the same noise level as a pneumatic drill.

Repetitive strain injury is another health risk not confined to the factory. Secretaries and typists are particularly prone to this form of injury, particularly if the employee is not made aware of the potential problem. The situation is exacerbated if the employer does not permit regular breaks to be taken.

Remember, many injuries do not immediately become apparent. For example, employees in constant contact with industrial chemicals frequently find themselves suffering from allergies, heart problems and respiratory disorders, only after prolonged contact.

A no win no fee personal injury claim is a cost effective way of obtaining compensation for any type of accident resulting in injury in the workplace.

Because you are not required to pay any of the solicitor’s fees, either in advance or if your claim is unsuccessful, it allows you the opportunity to escape from the financial constraints resulting from a loss of earnings caused by your injury.

Accident claims happen around the world on a regular basis. They can range from car accident claims to personal injury claims and beyond. Since they are such a common occurrence there are a wide variety of rules and regulations associated with accident claims which vary depending on the country you happen to live in. Despite the fact that accidents occur all over the world with regularity, many of them are easily avoidable. Still, they happen, and understanding how to claim compensation after an accident is important. The first step if you have been involved in any form of accident that was not your fault is determining whether or not you can make a personal injury claim. Your chosen insurance provider can put you in touch with an accident claims specialist who will help guide you in the process of claiming any sort of compensation you might be eligible for.

It is absolutely vital to contact an accident claims specialist immediately after any sort of accident. In fact, many insurance companies consider this to be just as important as seeking medical attention for any injuries that might have occurred. The reason for this is simple: in order for your accident claim to be as accurate as possible, it needs to be filed as soon as possible after the accident while everything is fresh in your memory. You can make an accident claim for any sort of accident that occurs on the roads or accidents at work, as long as you are not at fault for these accidents.

Deep vein thrombosis is one of the more recent syndromes which has begun to be investigated by the personal injury claims community regarding whether or not it should be covered under the no win no fee system currently in place in the UK. While it is true that personal injury claims can be made in a wide variety of circumstances as long as proof of negligence can be made by the no win no fee lawyer, Deep vein thrombosis is a bit trickier to prove when it comes to determining who is at fault.

Otherwise known as Economy Class Syndrome or Traveller’s Thrombosis, it is a condition linked to cramped seats on planes, trains, and other forms of public transportation, whereby the lack of circulation in the calf muscles of the leg causes blood clots to occur in the deep veins, which can then travel into the lungs and cause a pulmonary embolism, which can be fatal. Given the cramped conditions of most public transportation systems and the requirement to stay seated during transportation, many individuals feel as though they have a right to personal injury claims related to DVT.

If you believe that you are suffering from DVT and would like to make a no win no fee injury claim, you must understand that these types of claims are very difficult to prove. Any potential no win no fee injury claim will have to overcome a significant number of hurdles to determine liability, and it will require a considerable amount of investigation on the part of your lawyer to determine whether or not you have a case.

We are all familiar with the dramatised court scene beloved by film makers. A witness is magically produced to turn the course of events and render the likely (and unjust) outcome meaningless. Or a brilliant advocate makes a speech so brilliant, so forceful, that a weeping jury comes to a correct (and quite unforeseen) verdict.

Unfortunately, in real life this is infrequently the case. Indeed, if it were so, then there would be no legal dramas at all. In fact, the vast majority of ‘no win, no fee’ personal injury claims are settled in accordance with a process known as the Alternative Dispute Resolution, which takes place outside of the courtroom.

Alternative Dispute Resolutions can be sectioned into three distinct processes.
Firstly, is what is known as Mediation; an impartial arbiter meets with the claimant and his opponent to discuss the case. The arbiter will attempt to guide both parties to a consensus of events. By so doing, an agreement can be made on which everybody is satisfied.

The second, Conciliation, is a development of Mediation. The arbiter will offer suggestions to both parties and trust commonsense to prevail without the need for any external intervention.

Finally, there is the so-called Mini Trial. Although not held in an actual courtroom, a neutral will take place of a judge and hear both points of view in much the same way as would happen in a real court.

A ‘no win, no fee’ lawyer will advise you if any of these circumstances take place during your case.