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.

read comments (0)

Sometimes there might be no obvious physical indication that a claimant has been the victim of an injury. This is because someone can be ‘injured’ mentally, emotionally or psychologically due to mistreatment from an employer or co-worker; examples would include unfair dismissal and racial or sexual discrimination. The victim’s appointed lawyer has to prove that such mistreatment has indeed taken place and demonstrate that their client has suffered as a consequence, e.g., loss of earnings, low self-esteem, anxiety, depression, etc. There is a plethora of legislation relating to this area of employment law, including the Sex Discrimination Act 1975, The Disability Discrimination Act 1995 (and 2005), The Race Relations (Amendment) Act 2000 and the Employment Equality Regulations 2003 (and 2006).

No win no fee employment solicitors review each individual case to ascertain the appropriateness of pursuing a compensation claim and the level that should be awarded. Historically, courts have been generally less willing to recognise that debilitating psychiatric conditions arising from mistreatment at work can and do affect hundreds of people every day just as adversely as physical injuries, but in recent years more victims of these ‘invisible’ injuries have won their rightful compensation.

Post traumatic stress disorder (PTSD) is a severe psychological reaction to an extreme upheaval or harrowing event, and certain professions are much more likely to be exposed to the possibility of being a victim of PTSD: those in the military, ambulance, police and fire services, for example. Symptoms include night terrors, flashbacks, blackouts, insomnia and feelings ranging from high anxiety to deep and inconsolable grief and/or guilt. PTSD renders victims unable to function properly both at work and at home and often the only way of treating it is through counselling, psychotherapy or cognitive behavioural therapy, often in conjunction with medication such as antidepressants.

Anyone unable to work because of mental distress or psychiatric disorder arising from bullying or discriminatory treatment might be able to make a claim for loss of earnings. A good employment solicitor will be in a position to give each claim a free no obligation appraisal and offer expert advice.

read comments (0)

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.

read comments (0)

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.

read comments (0)

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.

read comments (0)

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.

read comments (0)

When an individual is considering making a claim against an organisation or an individual, for a personal injury that he or she has suffered, it is important that good advice is obtained. There are many different areas of law in which lawyers or solicitors can specialise, and claimants should seek out those with expertise in personal injury claims.

One way of finding a good no win no fee solicitor or no fee no win lawyer is by word of mouth. Consumers should not be afraid to ask for references as any reputable firm should be able to provide them when asked. A good no win no fee lawyer or no win no fee solicitor should also offer a free consultation as this demonstrates that he or she is interested in the case, not simply money. The solicitor or lawyer should take time to discuss the case, as all personal injury claims are unique.

Another option is to look for the kite mark of the APIL. The Association of Personal Injury Lawyers (APIL) was founded in 1990 by a group of solicitors and barristers who wanted to improve the services offered to victims of personal injury. The organisation is a non-profit organisation and exists to help its members fight for the rights of their clients. Today APIL is a trusted organisation in the industry and promotes, encourages and develops the expertise required in personal injury law.

APIL provides accreditation for lawyers working in the field of personal injury claims. All APIL accredited lawyers agree to a code of conduct and work with a consumer charter. The APIL kite mark provides assurance that the solicitor or barrister has achieved a recognised standard of competence and expertise in the area of personal injury law.

A claimant should also check that the no win no fee solicitor or no win no fee lawyer he or she intends to use is a member of the Law Society’s personal injury or clinical negligence accreditation scheme. Claimants can also contact the Law Society to obtain the details of solicitors who have been accredited.

read comments (0)

One of the newest ways for legal fees to be paid is through no win no fee agreements, or conditional fee agreements. Under this type of payment schedule, legal fees are waived until the case is heard. If the case is successful, the person filing the case pays the required fees. If the case is unsuccessful, then the fees are not paid. In other words, paying any legal fees is conditional on the outcome of the case.

Most commonly, no win no fee lawyers work within the fields of personal injuries or employment complaints. Personal injury claims can include car accident claims, medical negligence and any other accident or injury that is due to another person. Non win no fee employment solicitors usually represent those who have been let go without reason or harassed in the workplace.

Whether due to injury or lack of work, it is likely that the people that file these cases may not have the resources to pay for legal help up front. In the past, they would have had to seek assistance from legal aid, which often took time for their cases to be assessed. To take the burden from legal aid, no win no fee claims were introduced, which allowed individual solicitors and lawyers to evaluate the relevance of each case.

While this payment agreement seems like a win-win situation, there are some disadvantages. Solicitors may not take cases if the compensation amount is not deemed large enough. Also, some lawyers and solicitors have been known to charge an unfair percentage of the claim amount to cover their fees. This is not always the case, but it is important for anyone undertaking a no win no fee agreement to understand exactly what compensation they can expect and what fees they will have to pay prior to starting the case.

read comments (0)

Lower body injuries are a common source of personal no win no fee injury claims. Whether you have fallen over as the result of inadequately paved streets or are the unfortunate victim of a car accident, any injury that affects your mobility could result in a significant amount of compensation, particularly if it necessitates prolonged treatment and a lengthy time off work.

For example, knee injuries have a particularly long recovery period. For some sufferers, simply resting or visits to a physiotherapist will be sufficient, while for others surgery will be required.

Groin injuries are another source of intense discomfort and protracted immobility. Hernias are a frequent problem and are often caused by repetitive strain as a result of lifting in the workplace. It is not uncommon for hernias to develop after a length of time, meaning that the sufferer is not initially aware of the damage.

Employers are bound to provide a high standard of health and safety at work. If your injury was the result of an accident at work then you may well have grounds for a personal injury claim.

A no win no fee agreement is the ideal way to pursue such a claim for compensation.

Because you are unlikely to receive legal aid, no win no fee claims allow the victim to seek compensation without putting a large amount of money in a solicitor’s hands, up front.

Instead, you are not obliged to pay the solicitor anything except, in some cases, expenses, if you lose your claim.

read comments (0)

Under the no win no pay system, you are allowed to make a compensation claim without paying any sort of legal fees up front. Instead, your no win no fee lawyer will claim the legal fees from the other side, meaning that win or lose the insurer of the defendant is required by law to compensate you 100% for any of the legal fees involved. If you win, all of the associated fees above and beyond the legal ones, such as medical fees, wages lost, and compensation for pain and suffering are covered. The system was initially put into place in order to provide access to justice for individuals who were otherwise financially unable to pursue claims.

The first step in making compensation claim if you believe that someone is liable for your injury is for you to contact a no win no fee solicitor. If the solicitor agrees that you have a valid claim and that someone else could in fact be liable, they will take your information and send it to the individual thought to be liable for your injury and inform them that you intend to file a claim against them. At this point, you will need to be examined by medical experts to determine whether or not the injury you have was actually a result of the negligent actions of the other party, and a schedule of losses will be drawn up, which will then be presented to the defendant’s lawyer for them to either accept or dispute, in which case the claim goes to court and the outcome is determined by a judge.

read comments (0)