Walker Jack Consultants

Personal injury refers to any physical affliction (including broken bones, illnesses, viruses and diseases) and/or mental or psychological illness or distress, which may have been directly or indirectly caused by the negligence of another. The term ‘personal injury’ has now become associated with ‘compensation claim’ as it is so often used in cases against an accused ‘negligent party’. In some rare cases, personal injury can even lead to fatality. Examples of personal injury include whiplash (often as a result of a road traffic accident), sports injuries, assault claims (including criminal damage), burns, medical negligence and accidents at work. Those wishing to pursue a claim should seek out a solicitor who specialises in their specific kind of case. The Conditional Fee Arrangement (CFA) between a solicitor firm and client is more commonly referred to as a ‘no win no fee’ service. For personal injury claims, this means reassurance for the client that if they lose the case, they will not have to cover their solicitor’s costs.

Claims of this nature can be complicated and convoluted and so a victim of personal injury will certainly benefit from having legal expertise on their side to expedite the process. Generally, most personal injury cases are settled within a year, although the process can certainly take much longer if the injury is very severe or the liability is ambiguous. But if the injury means the victim loses out financially due to having time off work and all the other inconveniences associated with being incapacitated for any length of time, it is the job of the personal injury lawyer to ensure their client is suitably compensated.

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People who regularly play sport, especially contact sport such as rugby, should naturally expect the occasional bump and bruise or black eye. Even sprains, breaks and fractures are not uncommon for many active sports players and rarely represent a cause for a compensation claim. Anyone who participates in a physical activity must be aware that there is always the risk of injury.

However if the injury is due to the negligence or deliberate (reckless, extreme) action of another person – for example an injury caused by defective equipment or by inadequate instruction, supervision or training – there could be a case for a sports injury claim. A victim of a sports injury should seek medical advice and treatment as soon as possible. This has the added advantage of recording the injury in a timely and official manner, which will assist in the claim process. As with all claims, legal advice from a competent and reputable solicitor is essential if the victim wishes to be ultimately awarded the full compensation due to them. There are no win no fee legal professionals with specialised knowledge of sports injury claims. This type of injury can occur in a variety of situations, including all field and team sports, horse riding, fitness clubs and classes, motor sports, ice skating and skiing.

Spectators of sporting events are also entitled to make a compensation claim if they are the victims of an injury arising from overcrowding, insufficient or unsafe lighting, shelter or seating or any accident that was the result of a lack of adequate safety measures. Any organisation hosting a sporting event should therefore ensure that the venue is maintained according to health and safety regulations.

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When someone has suffered an injury at the hands of another, that person is usually entitled to some form of compensation. Determining how much and what can be claimed for as a result of the injury can be a difficult task. While some expenses are obvious, such as medical costs and replacing damaged items, other amounts that can be claimed are not so clear cut. By seeking the advice of an accident claims solicitor, not only can the right compensation be determined, but also the chance of winning can be increased.

When determining how much compensation can be claimed for, solicitors consider two factors. First, they will look at all the evidence provided by the case at hand, or the damages owed to the victim. Damages can be broken down into two groups – special and general damages. Special damages are the ones that are easy to tally and include loss of wages, medical expenses, any repairs that need doing (to a car for example) and the like. For these types of damages, it is important to keep all receipts and clear records or any expenditures or losses. General damages are much harder to determine as they are based on the pain and suffering of the victim.

Once a solicitor has an idea of what damages to claim, he or she will then look at past cases that are similar in nature. By looking at these cases, the solicitor can get a better idea of what has been awarded in the past. Using this number with the damages specific to the case, the solicitor can then form a claim on behalf of the victim.

While the victim can file personal injury claims, the help of a solicitor who specialises in this area can increase the likelihood that the claim will be won.

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Suffering any kind of personal injury can be distressing and traumatic for the victim, however many people are put off from pursuing a compensation claim because they think it will be time-consuming, expensive and frustrating, or they may think they are not entitled to claim. No win no fee accident claims can be made relatively straightforward when the right personal injury solicitor is employed to help pursue the claim. It is an unfortunate fact of life that every day many thousands of people are injured at work, at home, on holiday, on the road or in the public arena and many of these people are entitled to claim for their injury, although most choose not to (or might not even consider it an option at all). If another party can be held accountable for the grievance, a no win no fee lawyer will ensure the victim receives rightful compensation for their pain and suffering, including reimbursement for any medical costs and loss of earnings that may have arisen as a result of the injury.

The job of the lawyer involves compiling all the evidence to present a case in order to ensure the maximum compensation. For this reason, victims of personal injury can help the legal process by lodging their claim as soon as possible, and backing it up with facts such as reports, photographs and witness statements for verification purposes.

Most law firms offer free no obligation advice and so initiating a claim is completely risk-free. The most common personal injury claim relates to negligence of a third party and generally such claims should be made within three years of the incident in question taking place.

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Should you suffer an injury or unfair treatment at work which you feel has violated the law, you may wish to seek compensation from the employer.  Especially if you plan to prove your case against a large employer, you may wish to hire a solicitor to handle the case for you.  The cost of hiring that solicitor, however, may make you think twice.

Industrial injuries alone can be difficult to prove—remember that many employers have their own solicitors on staff or on retainer who work to protect the company’s interests and money.  A more complicated case attempting to prove an industrial disease such as asbestos exposure or occupational asthma can be extremely complicated.  The solicitor’s fees for a case such as this can easily reach tens of thousands of pounds.  How could you pay something like that, especially if you’ve had to stop working because of the accident or disease?

One option may be no win no fee employment solicitors.  These are solicitors who agree to take your case on a no win no fee agreement, or conditional fee agreement.  The solicitor does not receive a fee for his or her services unless you prevail in your case.  Then that fee is paid from the settlement award in your case. 

Be aware, though that the solicitor’s fees are generally higher in these no win no fee cases because the solicitor is taking on the risk of losing the case.  There are also other fees to be paid along the way, such as filing fees, expert witness fees, and other fees.  You are generally required to purchase additional insurance against the cost of losing the case, which will reimburse the winning side for their own expenses.

But the no win no fee scheme can allow you to pursue a claim that would otherwise be out of reach and perhaps recover a settlement for your injury.

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Dog attacks have featured in the news with alarming regularity recently, and many of them have been serious or even fatal attacks against young children. Even a single dog bite can cause pain and distress to an adult, especially with the added risk of diseases such as rabies. The Dangerous Dogs Act of 1991 was introduced to protect the public from certain breeds of dog recognised as particularly aggressive towards humans. These include pit bull terriers and mastiffs, and owners of these dogs should ensure the dog is chipped, insured, muzzled and kept on a lead. A dog bite claim will be easier to prove if the dog already has a history of aggressive behaviour, however a no win no fee injury claim can still be made even if the dog has never bitten anyone before. Dog bite victims will need to take the dog owner’s details and report the incident to the police, as this initial report and essential information will be key in processing a compensation claim with a no win no fee lawyer. It isn’t even always necessary to demonstrate that the owner was negligent in order to claim compensation for incidents like this.

Other animals can also cause injuries: for example, kicks from a horse, unprovoked bites or other types of assault from a zoo or farm animal, even stings from bees and wasps can cause extreme reactions in some humans. Last summer an agricultural worker went in to anaphylactic shock and died following a bee sting, and in fact contrary to popular belief, wasp stings can prove to have equally horrific effects.

In the case of wild animals, the case will always be a little more complicated; however, if you are attacked by a wild animal while on safari on holiday, for example, it is possible that you are entitled to seek compensation.

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Just as in England, an individual in Scotland who has suffered an injury is entitled to claim compensation for up to 3 years after the accident. The rules governing personal injury claims are similar, but there are some important differences.

In Scotland the claimant is known as the pursuer and the person against whom the claim is raised is the defender. Actions are raised either in the local Sheriff’s Court closest to the scene of the accident, or the Court of Session in Edinburgh. If the amount of damages awarded is below £750 the court will not award the pursuer any legal costs. Such claims are thus best pursued in person by the claimant.

More complex cases requiring the instruction of barristers (advocates in Scotland) will generally go to the Court of Session, for example claims of medical negligence.

In England a case is ready to proceed once it goes to court, but in Scotland investigations can still be conducted after the case has been raised, which can result in delays.

Legal aid for personal injury claims is still available in Scotland providing the pursuer qualifies. If the pursuer does not qualify, then he or she can fund their claim privately or can make a no win no fee accident claim. Legal expenses insurance may be available, but under Scottish law the premium is not recoverable from the defender.

As in England, the pursuer will have to prove that the defender was responsible for the accident, and that the injuries suffered were a direct result of the accident.

Three types of damages can be claimed for, solatium, past and future wage loss and services. Solatium is compensation for pain and suffering and covers non-financial losses. Past wage loss is calculated from the amount of work the pursuer has already missed. Future wage loss is more complicated and is calculated by ascertaining the present annual salary of the pursuer and multiplying this by a figure taken from the Ogden tables. This is usually much lower than the number of years the pursuer might have worked to take into account future investments of the money. Loss of pension rights can also be factored in. Services covers the cost of any assistance the pursuer might need in the future due to the accident. This includes family assistance.

Medical negligence is more complex and requires a report from an independent expert. There must also be a report showing causation. An individual wishing to seek compensation for medical negligence should consult a no win no fee solicitor or no win no fee lawyer specialising in such cases.

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Seeking compensation from a personal injury can be a long process and the time and effort involved is intimidating for some people.  They don’t understand the process, the forms involved, or how to proceed, and may choose not to seek compensation for a legitimate injury because of that.  Also, since the rules for utilising Legal Aid were tightened in 2000, many people who used to qualify for help are no longer eligible.

A no win no fee lawyer is one who will accept your personal injury claim, and the bulk of his or her compensation will not be paid unless you win your case.  There are still fees to be paid, however, and that should be explicitly indicated in the Conditional Fee Agreement that you sign at the outset.  This contract spells out who does what, who pays what, and under what conditions, throughout the entire personal injury claim process.

Some items that will be examined include, any pain and suffering you have sustained as well as any financial loss.  It is critical that you keep records, especially regarding medical bills, prescription and non-prescription medications you take relating to your injury, and your own records relating to changes in your habits or lifestyle.

Not all of these things may be needed, but it’s better to have too many records than not enough.  Every case is different, but remember that the actual suffering felt is one of the main criteria in the award decision, and without documentation you will have nothing on which to base an award.

A no win no fee personal injury lawyer may be able to provide you with an assessment of your case and the options available to you.

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Back pain is one of the main reasons for UK citizens taking time off work. Although there may be many reasons why people suffer from back pain, research shows that a major contributing factor is an injury sustained in the workplace.

It is not only employees who work in the so-called ‘heavy industries’, for example, construction workers, assembly line operatives, but also secretaries and typists, nurses, paramedics and care workers. In all of these professions, a personal injury ’no win, no fee’ claim for compensation has been successfully pursued.

Different professions naturally require different skills, but a typist will often suffer from back pain due to a number of causes. It may be that the chair used is old and unstable, the table positioned at an awkward height – even the fact that regular breaks are frowned upon in the office.

While these things may sound inconsequential, the fact is that after a period of time these factors will all contribute towards a back injury.

If you feel this is the case, then get in touch with a ‘no win, no fee’ personal injury claim solicitor. The solicitor will offer no win, no fee legal advice and pursue your claim in court.

Should your case end up an unsuccessful one, you won’t have lost a penny. If you are awarded compensation then you can rest assured that all of the compensation is yours – the solicitor will collect his fee from the negligent party’s insurance policy leaving you with financial security.

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Personal injury law is a specialised field of the legal system that enables those injured as a result of another to file claims for the harm they have suffered. Most solicitors that work within the personal injury law area deal with cases that involve accidents. When the word accident is used, many people think of car accidents, but in personal injury law, accidents can include slip and trip cases, medical negligence, accidents in the work place and any other situation where an individual has been harmed, as well as road accidents.

There are many reasons to hire a personal injury solicitor if you or a loved one has been injured. One of the key benefits is that these solicitors are specialists in the personal injury law field. They will have taken the time to increase their knowledge of this particular type of law and the cases that are filed. Even within the field of personal injuries, some solicitors specialise even further and only handle particular cases. For instance, some solicitors may work on road accident cases only while others may deal with those involving the workplace.

By specialising in a particular field, solicitors not only gain knowledge of that field, but they will be that more experienced in handling those types of cases. Usually, with greater experience comes a better chance of success, particularly when compared to general law solicitors. Personal injury solicitors will have a much better understanding of what makes a successful case, how to build that case and the amount of compensation that could be won. By choosing a solicitor that handles these cases on a regular basis, you will be increasing your chances of success.

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