


Archive for June, 2010
What to know about the Claims Process
Author: nowinnofee
Once you have consulted a legal firm about the personal injury claim that you wish to make, there are several things that you will need to do in order for the claim to proceed.
The solicitor will require all the information that relates to the case. All information on the injuries sustained and the actual incident itself should be presented to the solicitor. Any medical reports should be included and if there are witnesses they should make statements.
It is only after receiving and assessing this information that the solicitor will decide whether to proceed with the case or not. It is at this point that the person or organisation that you are claiming against will also be contacted by your no win no fee lawyer to inform them that a claim is being made against them.
This notification serves more than one purpose, because if the person or organisation is prepared to admit liability early on in the process there may be a possibility of settling the claim out of court. It is hoped that most cases can be settled this way, particularly if the liability of the other party is clear.
If the case does come to court, your solicitor should be able to conduct all the proceedings for you without you having to attend. They will also take care of any paperwork involved.
The time involved will vary from case to case, but your solicitor will keep you informed every step of the way when you use a no win no fee legal firm.
read comments (0)Whiplash Compensation Personal Injury Claims
Author: nowinnofee
Whiplash is one of the most common injuries suffered in car accidents, which results in a growing number of claims for whiplash compensation. Whiplash is an injury to the neck that is caused when the head moves suddenly. This movement can send the vertebrae of the spine out of line, leaving neck motion limited and painful.
This whiplash damage can lead to muscles and ligaments to be torn. Sometimes the discs in the spine also rupture due to whiplash. Symptoms that can accompany whiplash include headaches and dizziness. The injuries will vary from person to person and recovery times will differ, with some people needing to spend several weeks recovering.
Claiming for whiplash compensation is important if the injury will keep you from working for a while, as you may need to recover these costs. Finding a lawyer who can help you to make a no win no fee personal injury claim is a good idea as this can reduce the costs involved. Consulting a solicitor is an essential part of the process as they will be able to advise you on the best way to proceed with your claim.
There are a number of specialist firms who deal with personal injury claims and the injuries sustained in road traffic accidents are among the most common that are pursued for compensation. Whiplash compensation will vary depending upon the extent of the injury, the treatment needed and the length of time that the sufferer has been forced to take off work.
How to claim for personal injuries
Author: nowinnofee
People today are more unwilling to simply endure the hardship, pain and suffering which can arise from a significant injury, especially when it has arisen as a result of the negligence or malice of others. The latter category is usually dealt with under criminal law in the form of criminal injuries compensation, but there are huge numbers of injuries that result from non-criminal accidents. These can include anything from falling and harming yourself at the workplace, sustaining injuries in a road traffic accident, or psychological illness induced by unmanageable stress at work.
It follows that accident claims cover an exceptionally broad range of scenarios, although car accident claims and whiplash compensation claims are amongst the most prominent.
For those many individuals who have suffered a personal injury, especially if it makes work impossible during recovery, making personal injury claims could be a wise and responsible move. A key point to bear in mind when you’re seeking help is to look out for no win no fee compensation. Seeking advice from no win no fee solicitors and no win no fee lawyers is highly recommended – they’ll represent your claim in court and if successful, will generally either claim their fees from the other side or via an insurance policy which they will have asked you to take out before acting for you. This will leave you with 100% of any compensation awarded; and a successful claim may afford you a vital measure of security, when an accident has turned your life upside down.
Potential Pitfalls
Author: nowinnofee
Every year in the UK about 2.5 million people will sustain an injury. Some of these individuals will lose their independence or their income as a result of the injury they have sustained. In some cases it will not be their fault; rather the responsibility will lie with another car driver, public authority, employer or individual.
Despite what may be read in the newspapers, there has been no boom in individuals claiming compensation. In fact only around 31 percent of accident victims claim compensation through legal channels. Individuals who have suffered losses due to injuries that they have sustained and which were not their fault should be entitled to compensation. However, at the moment there are many pitfalls into which potential claimants can fall.
Individuals who have suffered an accident are often put under intense pressure by sales people who are not qualified to advise them on legal proceedings. Few consumers are aware of the pitfalls and liabilities that they will be exposed to by agreeing to conditional fee arrangements, otherwise known as no win no fee accident claims. Consumers often believe that these arrangements are genuinely ‘no win no fees’, but in some cases there are hidden costs which the individual will be unaware of until the bill arrives. There is also the problem that some solicitors will refuse to take cases which they feel they are unlikely to win.
Loan financed insurance premiums, can along with other legal costs eat into the no win no fee compensation that an individual receives. In some cases this can even lead to the individual owing money at the end of the proceedings. Individuals wishing to pursue a no win no fee personal injury claim should ensure that he or she deals directly with the solicitor and that the solicitor has not paid another party for the claim. Think carefully before taking out a loan as the claimant is responsible for the interest payments. Ensure that any damages recovered will be intact. Always read the small print carefully before committing to any agreement.
There is currently no system for regulating conditional fee arrangements which means that consumers may not be receiving good advice and information. A voluntary code of practice is still in its infancy.
Fully Comprehensive Car Insurance
Author: nowinnofee
Most car accident claims involving a personal injury are usually against individuals who have fully comprehensive car insurance. But what exactly is meant, by ‘fully comp’?
In reality there is no such thing as fully comprehensive insurance as there are always exclusions. That being said, fully comprehensive includes everything relating to third party, fire and theft plus accidental damage insurance. The latter refers to damage to a person’s vehicle and includes malicious damage. Windscreen damage is also usually included in the policy but this is likely to be subject to a monetary excess.
All cars valued over £5000 must be comprehensively insured, with optional extra benefits included such as personal accident cover. It should be noted that drivers are not automatically covered for this. Legal cover, which enables the car driver access to legal representation if necessary, is also often included as an option. Another optional benefit is a day 90 EU Green Card that covers accidents occurring while travelling in the European Union.
It was mentioned above that there are exclusions to all fully comprehensive insurance policies taken out. A common restriction will include third party driver cover, which means that any driver other than the insured person cannot drive the vehicle unless they are named on the policy. Any driver policies are still available but will be more expensive.
Individuals under the age of 25 who work in certain occupations or a driver with a poor claims record, or who has a criminal record, might be refused insurance cover by some companies.
Starting a No Win, No Fee Claim
Author: nowinnofee
A ‘no win, no fee’ personal injury claim allows you to receive compensation for any injury suffered as a result of negligent behaviour. This could be a car accident, wrong diagnosis by a doctor or hospital, or an injury sustained at work.
However, due to misinformation there are a number of misconceptions surrounding a ‘no win, no fee’ personal injury claim agreement.
The most important thing to remember is that if your claim is unsuccessful you are not liable to pay a penny towards your solicitor’s fees. Fees are what you pay the solicitor for the use of his expertise and knowledge and these fees are normally charged at an hourly rate.
Costs, on the other hand, is the amount of money charged for such things as medical records, the payment due to the court where your case is heard and After the Event insurance.
It is worth your while to ensure that your no win no fee solicitor will cover all costs incurred throughout the length of time it takes to settle your claim for compensation.
Furthermore, if it has been previously agreed with your personal injury solicitor that After the Event insurance was necessary, then this cost will be covered by the negligent party.
This means that even if you lose your claim, the opposing solicitor is not able to take any money directly from yourself. Instead, your insurance policy will cover his costs and fees.
By ensuring that you are fully aware of the personal injury agreement in place, it will result in you pursuing a claim for compensation against a negligent party at little or no cost to yourself.
Injures whilst playing sport
Author: nowinnofee
If you regularly play games such as rugby, football, badminton or hockey you will no doubt pick up the odd injury. With the majority of these injuries, there will be no blame attributed to anyone else. Most sports activity puts a lot of strain on the body, so injuries do often occur. These can be strained muscles, broken bones, or torn ligaments. However, if you have been injured deliberately or directly you will be entitled to claim for compensation.
There are many personal injuries you can sustain while playing the sport that you love. Many of these injuries can be caused by defective equipment, or even as a result of facilities that are not safe for people to be using. Unfortunately, there are also deliberate injuries caused by an opposing player.
Injuries can also sometimes be sustained as a result of inadequate supervision by an instructor. If you are playing a sport, or just using your local gym, you should always ensure that you receive thorough induction and training, so that you lower the risk of sustaining an injury.
Most gymnasiums, leisure centres and health clubs provide adequate professional instruction for the use of their equipment. The majority of people do act with reasonable care towards other people when they are playing their favourite sport. If you are unsure about what you are able to claim for, then please call a no win no fee solicitor, who will be able to give you professional advice and guidance.
Ever bought a defective product?
Author: nowinnofee
These days, it is appropriate to assume that, before a product hits the shelves, each one you purchase has been tried and tested to ensure that it is completely safe for use. Unfortunately, some manufacturers are failing to do this. In the event that a product or item has not been tested, this could lead to serious personal injuries or illnesses. If this happens, the person in question should be compensated for their suffering.
The most common claims for injury or illness caused by defective products are related to unsafe drugs, or faulty products such as toys and pushchairs. These can cause serious side effects, or injuries to children. Both skin and hair products can cause irritations and injuries, and are therefore also as much of a risk.
If you are ever unfortunate enough to sustain an injury caused by a defective product, report the product to the manufacturer immediately, as it is vital that it is made safe before further products are sold. Statistics have also shown that people seeking compensation for these types of injuries have a very positive effect on the industry in question, and will probably lead to the dangerous items being removed completely from sale.
Companies who fail to test their products are 100% liable to put them right. If you feel that you have purchased a defective product which has caused you to be injured or become ill, call a no win no fee solicitor, who will be able to assist you competently with your compensation claim.
Food Poisoning Claims
Author: nowinnofee
If you have ever had food poisoning, you will know how the symptoms usually develop. In some cases, they can be so painful that you may have to take a few days off work to recover fully. The vast majority of people are unaware, that if you were unlucky enough to contract food poisoning from a café or restaurant, this would be classed as a personal injury, because it was not your own fault. In the event of this happening, you may be able to claim for compensation.
Fortunately the symptoms of food poisoning do not last too long, but often include a fever, vomiting, diarrhoea, and possibly stomach cramps and dehydration. In most cases the poisoning can be cleared up with medication available from local chemists, or through the body’s natural healing processes. However, there have been extreme cases where the nervous system has been damaged and death has occurred. The Food Standards Agency has reported that even though 100,000 cases of food poisoning are reported each year, in reality over 5.5 million people in the UK contract it without ever notifying the authorities.
Therefore, if you have eaten at your favourite restaurant and have come down with food poisoning afterwards, remember that it is not your fault. Nobody orders a meal with a side order of food poisoning! If you have suffered food poisoning, please remember to call a no fee no win solicitor, who will be only too happy to assist you with your claim for compensation.
Will I qualify for a personal injury claim?
Author: nowinnofee
If you’re nursing a fractured bone, struggling to overcome depression, anxiety or insomnia due to work-induced stress, recovering from a surgical procedure, or managing an illness contracted at work, think very carefully. If your predicament is the result of someone else’s action or negligence, you may well be entitled to consider personal injury claims.
Take injuries sustained whilst out walking as an example. If you fall as a result of your own carelessness, such as tripping over something that you know is there like a kerb, you may just have to grin and bear it. But if you trip or slip over something that ought not to have been there – such as a liquid spill on a supermarket floor or a jutting paving stone on the pavement – you have a case. Similarly, if you get a sports injury during the inevitable cut and thrust of a football match, you’ll just have to rest up until the injury heals. But if your injury was sustained by the deliberate action of another player, you should be considering approaching a no win no fee lawyer. Or another scenario: if you break your nose in a road traffic accident because you weren’t wearing a seatbelt, you could be on dodgy ground as far as making accident claims is concerned. But if another vehicle hits yours from behind and you sustain a whiplash injury, you ought to be making a car accident claim and seeking whiplash compensation.
If it’s not your fault, your injury should lead you to the expert advice of a no win no fee personal injury lawyer without delay.
