Avoiding Common Accidents

Archive for the ‘No Win No Fee’ 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.

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.

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.

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.

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.

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.

The amounts awarded for personal injury claims will vary widely. The final amount you receive will depend a great deal on the type of injury you have suffered, the long term effects of the injury, any financial hardship that has been suffered as a result and if there are any fees to pay to the lawyers who have fought your case.

For example, amounts awarded for a whiplash injury can vary up to £10,000, depending upon the severity of the injury. Compensation claims for some severe injuries can be substantially more if the injury has resulted in a reduced quality of life for the future. 

There are some no win no fee legal firms that guarantee that claimants will receive 100% of the compensation that they are awarded. This means that the firm takes nothing for their fees but will claim all costs from the losing side. There are a number of firms that offer this service, but those making a claim should be aware that they might be liable for fees if they should lose the case. To counteract this possibility, some firms, depending upon the type of claim and the chances of success, may ask you to take out a small insurance policy that will cover the legal fees in the event of a loss. 

Finding a no win no fee lawyer is the best option, particularly if you will be able to keep most of the money that you are awarded. Cases that will cost you more than you might win are not worth it and a good lawyer will advise against pursuing such a claim.