Personal Injury Settlement Lawyer & Injury Attorney

Posts Tagged ‘Accident claim’

Deciding on a solicitor to manage your accident claim is both an important and complicated decision. Failing to take the time to find the best solicitor for the job could result in your claim failing or your compensation being reduced. More complicated cases require more experienced accident claim solicitors.

It’s certainly not advisable to use a claims management company because their legal advice is not always the best. Think about why a solicitor would need to pay hefty referral fees to claims management companies to buy claims like yours. Then ask yourself whether you want a solicitor who buys clients in to handle your claim.

Instead choose a solicitor with a specialism in personal injury. There is no reason why you shouldn’t research law firms on their websites or by making direct contact with them. You must check for membership of at least one relevant professional body such as MASS, APIL, or the Solicitors’ Regulation Authority Personal Injury Accredited Scheme.

When you have found a solicitor you think you can trust with your accident claim, check that they are prepared to give you an initial consultation free of charge. At the consultation you should provide as many details as you possibly can about the accident and your injuries so that the solicitor can accurately decide whether you have a case for making an accident claim. However, this is also your opportunity to check out the solicitor’s credentials. Don’t be afraid to ask them how many personal injury claims they have handled recently and how they were settled.

Following the initial consultation your solicitor should be able to give you plenty of clear information, written so that you can take it away to consider. You should have a clear understanding of the potential value of your claim, the likelihood of it being successful, the risks and costs associated with it and the probable length of time a claim could take. If you leave in any doubt as to the answers of these questions then your accident claim solicitor is not worthy or your case.

There was a 12% increase in work accident claims between 2008 and 2009 according to one leading UK accident claim company. This is certainly not the most common type of accident claim, but the rise is important. It could be the case that there has been a significant increase in accidents and injuries in the workplace, but experts believe it to be more likely that employees are simply more aware than ever before of their rights.

Every single employer has the legal responsibility to avoid injury and protect workers’ health and safety by providing appropriate protective equipment and safety guidance. If an employer does not fulfil their duty and an accident ensues, then the injured employee will usually be entitled to make an accident claim. Increased coverage of high profile cases in the media has brought about increased awareness of the rights of workers.

Workers had often been less than inclined to make an accident claim over workplace injury for fear of being penalised by the employers and being confused and daunted by the legal process. Sadly, financial worries brought about my prolonged absence from work meant that many workers returned to work too early, making their injuries worse. Nowadays, more people understand that they are legally protected from recriminations from their employer and more people make claims as a result. Suffering in silence is no longer an issue for injured employees: they are now receiving the compensation that they deserve and need so that they can concentrate on recovering fully before returning to work.

This increase in accident claims has driven many companies to conduct thorough reviews into their practices and policies governing health and safety. If the accident claim rise has encouraged more employers to take their duty seriously then it may well have avoided other injuries and even saved lives and this can only be regarded as a positive.

Obtaining an injury in an accident which was caused by another party’s negligence is frustrating, upsetting and can have wide-reaching consequences. Aside from the physical pain there can be long lasting trauma, hospital visits and inability to attend work. These are some of the reasons for which people choose to make an accident claim after their injury. Unfortunately, many people find the process of making such a claim confusing and aren’t entirely sure of what to do.

The very first step to take must be to ensure that your injuries are properly treated. This is important for your personal recovery but it will also help your accident claim later if you make a doctor aware of your injuries and how they happened.

Should your injury happen at work then you must inform the company’s health and safety representative of what happened: it will then be recorded in the accident book. You should also inform your trade union if you have one because they may be able to offer support and advice on recovery and making an accident claim.

Keep receipts for any extra expenses incurred in the time following the accident, such as for taxi trips to hospital appointments, medication or early private treatment because you may be able to claim such costs back in the accident claim.

Because evidence to support your claim could be lost or disappear, you should contact an accident claim solicitor as soon as you can once you’ve decided the step is right for you. This is particularly important in cases of slip and trip accidents caused by poorly maintained pavements because once the pavement is repaired your evidence is lost.

You may see television adverts for claims management companies offering accident claim services on a no win no fee basis. But please think carefully before accepting the offer because the personnel in such companies are not solicitors, rather the companies auction details of claims to high bidding law firms as though they were a mere commodity. All of that means that your element of choice in who handles your claim is removed. There is the risk that you may be given a solicitor with only limited experience. If cost is an issue, remember that many law firms who you contact directly rather than through an accident claim management company will offer services on a no win no fee basis. Furthermore, if your injury happens at work, there is a possibility your trade union can help with costs.

Everywhere you go, whether it be the shops, the street or to work, somebody owns that land or building. That individual or organisation has the legal responsibility of protecting the users of the land or building from accident or injury, as far as is reasonably and practicably possible. As a result, on the unfortunate and usually rare occasions when this duty is not met, the victim of the injury may be entitled to make an accident claim. The goal of the accident claim would be to obtain an admission of liability, perhaps an apology and some monetary compensation for the injury and the financial loss it may have caused.

Seeking the advice of an accident claim solicitor is often of great help to victims because the process of making a claim can be long and complicated. Their experience in this field will mean that they are able to take the pressure off you so that you can concentrate on getting back to normal following your injury.

Slips and trips are amongst the most common accidents which lead people to make an accident claim in England. These easily avoidable accidents can unfortunately cause serious injury and pain. Many victims of slip or trip accidents find themselves with injuries to the ankle, knee, back or head. In cases of tripping over uneven paving stones, tripping over carelessly placed objects or slipping on unmarked wet floors, a third party is almost always to blame.

Because there is a legal responsibility to protect the health and safety of building and land users, somebody is responsible when an accident does happen. If you believe that somebody else was to blame for your accident then consulting an accident claim solicitor should be your next step. Whilst the idea might seem confusing and scary at the moment, with the help of the right solicitor, an accident claim can be your road to justice, an apology and compensation.

Suggestions made in September 2009 by the Ministry of Justice to make the process of making a low cost road traffic accident claim simpler and quicker have been announced and new regulations are about to be introduced. New regulations aimed at speeding up the entire process will take effect at the end of April. For those victims who would normally have to wait several months to find out the outcome of their accident claim, this is fantastic news. Now that the new regulations will ensure they are compensated as early as possible, they will be able to move on from the accident.

The new procedure dictates that the road traffic accident claim compensation is paid out to the victim as early as possible. In the past, victims often struggled financially as a result of having to miss work due to their injuries. Now, under the new rules, they will receive the compensation to which they’re entitled more quickly, eliminating financial strain.

Because the new system is simpler, the victim is placed under less stress. Insurers and solicitors will now be able to take advantage of a web portal permitting the quick and safe transfer of information about the claim.

Before the simplification, just establishing liability could take months. However, fixed time limits are an important part of the new regulations. This means that a claim can be approved within 30 days of liability being admitted.

The regulations will be used for any road traffic accident claim worth between one and ten thousand pounds. It is the belief of the Ministry of Justice that the new fixed cost structure and rigid deadlines that will accompany it will be beneficial to victims. This is mainly because the victim would be waiting a much shorter amount of time, and therefore feeling less stress, because of the simpler process.

In the aftermath of a road traffic accident or a slip or trip on land maintained by local councils, an accident claim is considered a logical course of action to compensate the victim for any loss suffered. However, if you have been injured in an accident in the workplace that was not your fault then it is also possible to make an accident claim.

Not so many people are so aware that it is possible to make a work accident claim, and few are keen to make one, feeling afraid that there will be negative consequences to making the claim. There is no need to worry though, if an employer has failed in their duty to protect their employees from injury and an accident claim is made then they cannot legally sack the employee without reason. Because the compensation money comes from the employer’s insurance, victims should not feel that their claim jeopardises the security of their employer or the jobs of their colleagues. Victims of injury shouldn’t feel guilty about making an accident claim: taking time off work to recover from an injury can lead to financial problems and it is the point of the compensation to prevent this.

Many types of accident can constitute a work accident. An injury sustained in any workplace including offices, warehouses, factories, farms, shops and restaurants could all count. For employees whose jobs entail driving, an accident in the van, forklift, lorry or car might constitute a work accident too.

Obviously, it would be ideal if all employers complied perfectly one hundred per cent of the time with the strict health and safety legislation they are required to follow. Sadly though, accidents do happen. Common examples include fork lift truck accidents and accidents on scaffolding and ladders.

Anybody who is unsure about whether they have a case for their workplace injury should consult an accident claim solicitor. If you have a case it is important to be aware that victims must start their compensation claim within three years of the accident happening. The exception is that if the victim is a minor, they have three years from the date they turn eighteen to make their claim. Industrial disease has different timescale limitation rules to workplace accidents.

ACCIDENT IN THE WORKPLACE .If you are involved in an accident at work, it will be necessary for you to show that your injuries were caused by the negligence of your employer. Your employer is also responsible for the actions of work colleagues who cause accidents involving injury. Please remember that you have an obligation to make your employer aware of any accidents, which occur whilst at work. This information should be properly recorded in the Accident Book. Please note, your employer cannot terminate your employment if you make a claim for compensation. If you are in any doubt or concerned over this, we recommend that you consult us immediately. If you are an employer, self-employed or in control of work premises you are required under RIDDOR to report some types of work-related accidents and accident at work, diseases and dangerous occurrences. Reporting accident at work and ill health at work is a legal requirement under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.

The information gathered helps the Local Authority and the Health and Safety Executive (HSE) to identify where and how risks arise and to prevent reoccurrence and prevent further pain and suffering to employees. You must report all of the following:. A death .A major injury .An over-three-day injury (this is when an employee or self-employed person has an accident at work and is unable to work for over three days, but does not have a major injury); A work-related disease   A dangerous occurrence.Where a member of the public is taken directly to hospital.How Soon Do I Have To Report The Incident? All time limits for reporting accident at work vary depending on the severity and the guide below should be followed.  Where the accident has resulted in someone’s death or a major injury we need to be notified immediately.Over 3-day injuries need to be reported within 10 days. As soon as possible after the doctor diagnosis a work related disease. Dangerous occurrences need to be reported immediately.Have you suffered an accident at work? If so, you may well be able to claim compensation from your employer's insurance company.

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As workplaces go, construction sites are probably the most dangerous. Because only fit construction workers can work and because injuries are frequent, accident claims are very common in this sector.

The risks on construction sites are many, but they include: dangerous equipment, dangerous materials, the physical strain of the work, working at great heights, heavy machinery and asbestos exposure. Because these dangers are present in the daily working environment, employers and site managers alike have the legal responsibility to equip employees with up to date, correct and appropriate safety information and equipment. Employers must also ensure that employees take regular breaks to ensure they can concentrate.

In the UK, safety regulations are the responsibility of the Health and Safety Commission. In conjunction with the Construction (Design & Management) 2007 regulations, the commission works to ensure risk of accident is as small as possible.

Injured workers who can prove that their employer didn’t follow health and safety rules or didn’t do all that was possible to safeguard employees are entitled to an accident claim. As much evidence as possible is needed following an accident, including the names and addresses of any witnesses. Witnesses are especially important because the cause of the injury might change or be removed as construction continues.

Should an individual be injured on a building site, it is vital to consult an accident claim lawyer. This is because any injury might mean that a construction worker is unable to go to work for weeks, months or in the worst cases indefinitely. In such situations it is not uncommon for employees to fall behind on mortgage payments and household bills. In these cases the money won in compensation is all the more vital. Finally, the law surrounding accident claims is complex so an experienced solicitor is well placed to advice. Also remember that you cannot be sacked for bringing a compensation claim to your company for a personal injury.

If a person finds themselves injured as a result of an accident that was not their fault, it is fairly usual for them to make an accident claim. In order to compensate the victim for the loss suffered as a result of the accident, the claim aims to win monetary compensation. Many accident victims have had to take time off work to recover so the money is a lifeline. Road accidents and slips and trips are the more common accidents that lead to some sort of accident claim. On top of those people, many people find themselves injured each year in accidents caused by defective products or services.

The law protects victims of injury caused by defective products or services because the provider of the product or service has a duty of care to ensure that everything possible was done to protect the user. This responsibility works in a similar way to how local councils are obliged to protect the public from slips and trips on their land.

The umbrella term defective products or services may refer to a number of things. Such problems as dangerous car repairs, dangerous cars, defective household equipment or furniture, food poisoning and many others may constitute defective products or services.

In the event of making an accident claim, the accident claim specialist will start the process by identifying the person who was legally responsible for the defective product or service. The person responsible could be one of a long list including the manufacturer, the importer, a landlord or an employer.

Having identified the person responsible, the accident claim solicitor will obtain a medical report of the injuries obtained. The medical records form the basis of the evidence in the claim. Other evidence might include a technical report which might explain why the product was defective.

Following the gathering of evidence, the accident claim solicitor will pursue compensation as the victim’s representative. This means that the victim can concentrate on getting over their injuries and getting back to normal.

The law behind making an accident claim in the UK is relatively complicated and that is why an accident claim solicitor is required to go through the process with the victim. All the same, even though the law is complicated, the injured part should be able to understand, if only at a basic level, how an accident claim works and whether they are entitled to claim in the first place.

There are over eleven million accidents every year which lead to personal injury, of these solicitors estimate that over two million are caused by another person. The law therefore allows victims of such accidents to make a claim for money to compensate them for injury and loss caused. Known as a personal injury or accident claim, this process is handled by the civil courts.

Solicitors working on a no win no fee basis usually handle this type of claim. This means they will normally only take on a case if they are reasonably sure that the case will be successful. Several issues have an effect on whether a claim is successful or not and whether the victim has the right to make the claim.

The first factor is the timescale. A limitation period of three years means that if the accident happened over three years ago it is incredibly likely to fail. It is important to remember that if the injury happens to a minor, the three year period only starts after their eighteenth birthday.

The type of injury sustained in the accident and whether they were treated or recorded by a doctor also impacts on the claim. Doctor’s notes made at the time of injury will play a pivotal role in the case. Therefore accident victims should seek medical advice quickly following an accident.

The success or otherwise of the case will also depend upon any witness accounts. The solicitor will communicate with any police or emergency service people who saw or attended to the accident. Civilian witnesses are also important. It is better that they give a statement as soon as possible after the accident so that the details they give are fresh in their minds. However, the victim should never collect statements. Collecting names and addresses of witnesses is advisable, though.

Lastly, the amount of evidence aside from the witness statements is important. Victims should take photos of the scene of the accident and their injuries. Keeping a daily diary during the recovery period will be useful too. Victims should also keep all receipts to prove the extra costs they have incurred as a result of their injury.

The UK accident law can be very complicated, but accident victims have the right to know what they are entitled to. Speaking to an accident claim solicitor is still important.