Walker Jack Consultants

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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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.

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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.

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Although not often advertised or publicised there are some special compensation schemes available.

For example if you contracted HIV while being treated for Haemophilia, you can make a personal injury claim via the MacFarlane Trust. This particular organisation was set up to give financial support to individuals, families and dependants suffering from the effects of HIV infection. This could have resulted from blood transfusions, and or other treatments.

Quoting directly from their site: “The Trust’s brief includes the assistance of its members both financially and in other ways. Within the exclusive members’ pages of this site, the sections dealing with financial help from the Trust and with welfare benefits are especially important since they are intended to show all the income that can be received from these sources.”

The government also has a little known scheme for people who have suffered damage or problems resulting from a vaccination. Claims can be made from the Vaccine Damage Payment Unit.

Other government schemes are also available for a wide range of health related problems. For instance, if you suffered damage from working with asbestos you could make an industrial injury claim and receive disablement benefit.

Incidentally, personal injury claims are not just confined to those directly affected by work related injuries. A wife for instance could also make a claim if she contracted an asbestos related disease simply through washing her husband’s clothes.  Generally though, secondary claims are usually one-off payments.

There are also statutory time limits for any special compensation payments.

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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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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.

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Making a personal injury claim does not necessarily need a lawyer. It is also feasible for you to use a professional claims assessor.

Claims assessors, also known as claims managers, are authorised by the government to carry out the business of assessing whether a claim has merit or not. As they are in business for themselves in the same way as solicitors, they will more often than not take up a case on a no win no fee basis.

As claims assessors are government regulated they do need to adhere to strict rules of professional practice.  However there are a couple of downsides to using a claims assessing service. Firstly, they are not generally solicitors, nor will they usually have access to a solicitor who would oversee or take charge of the case.  Secondly, while they will work on a no win no fee compensation basis they invariably will expect a fee if they win the case. This will normally be a percentage of the compensation they win on your behalf, and could be as much as 50%. When using a no win no fee solicitor their costs would have been claimed from the other side before you are awarded any compensation.  If you are prepared to accept this difference, it is likely that they will fight for greater compensation. It is after all in their interests to do so.

Before deciding to use a claims assessing company it is advisable that you seek advice from the Citizens Advice Bureau.

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In the UK if anyone is injured in a car accident and it wasn’t their fault, they have the right to claim compensation based on their injuries. When a car accident claim is filed, it will be filed against the driver that caused the accident. Because drivers must be insured in the UK, the claim is actually against the driver’s insurance company.

Even though it is the law that drivers are insured in the UK, there is a significant number who are not. So, what happens when a person is injured by an uninsured driver? If the driver is uninsured, will a claim be paid?  Luckily, the Motor Insurers Bureau was set up in 1946 to deal with accidents that involved uninsured or untraced, hit and run, drivers. This is a privately run organisation that provides compensation under three different schemes. The uninsured driver’s scheme is for any compensation claims against such drivers. It will consider compensation claims that can include repair or replacement of a vehicle, medical and treatment expenses, hire car expenses and pain and suffering due to injuries. The untraced drivers scheme deals with compensation claims from victims of hit and run drivers. The final scheme, the green card scheme, provides compensation if the accident is caused by a foreign driver.

While victims may be able to claim compensation from the Motor Insurers Bureau, there are strict regulations for filing the claims and for what can and will be paid. In these cases, it is still worth seeking the assistance of an accident claims solicitor to ensure that all regulations are met when filing the compensation claim.

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