Disability that arises from accidents.
Car Accident Claims Compensation
There but for the grace of God go I as the saying goes! For every year approx 30,000 people start out on a Car journey and never arrive at there destination.
Today, with more and more vehicles on our roads Car Accident Claims are becoming more and more common as drivers are encouraged to seek an element of justice in the form of monetary gain, when another driver is deemed to have been at fault for the accident. However you wish to package it Motor Accident Claims, Traffic Accident Claims, Car Accident Claims, Road Traffic Accident Claims are very much becoming a way of life for us here in the U.K.
The reasons behind so many Car Accidents and Motor Bike Accidents and consequently Car Accident Claims are down to a whole multitude of reasons ranging from aggressive driving, undue care and attention on the road, alcohol, drug use and a faulty vehicle to name just a few.
A 1985 study by K. Rumar, using British and American crash reports as data, found that 57% of crashes were due solely to driver factors, 27% to combined roadway and driver factors, 6% to combined vehicle and driver factors, 3% solely to roadway factors, 3% to combined roadway, driver, and vehicle factors, 2% solely to vehicle factors and 1% to combined roadway and vehicle factors. The best way to determine Car Accident Claims is to know that how your insurance company will look at it and this is where a No Win No Fee Solicitor, may come in handy. They will insure that you have the best possibility of claiming compensation to help towards your medical expenses, mental suffering, loss of wages, future loss of earning capabilities etc.
Car Accident Claims Solicitors
It goes without saying that you may have suffered so much from your accident you may never actually get over it and often Car Accident Claims never compensate for the physical torment, mental trauma you may have suffered and indeed continue to suffer in the years ahead, it may however help contribute towards the cost of the care and medication that you may require into the future, together with contributing towards the loss of earnings suffered.
Assuming you were not at fault for the accident then you should have not too much trouble claiming compensation from the insurance company although it is always better to have an expert No Win No Fee Solicitor work on your behalf, as such legal matters can often be quite daunting for the average claimant.
If the driver who caused the accident isn’t insured then this can be a big problem here in the U.K. as motoring groups have repeatedly warned of the consequences of such large hikes in insurance premiums – pointing out that with such price increases we are likely to continue to see a continual rise in the estimated 1.5m uninsured drivers who use our roads ever year without having any cover and of course often this means no Tax and MOT on the vehicle as well. According to industry experts it is often the thousands of young and low-income drivers out of the market who are contributing to this rise as a male driver under 21 seeking to insure his first car can expect to pay at least £1,000 and from experience this is very much a low end figure. It has not helped matters when many of the motor insurers are phasing out cheaper third party fire and theft policies for younger drivers as figures suggest that they have a disproportionate accident rate when compared to many other groups. Many of drivers who choose not to insure their vehicle – for whatever reason – do so knowing that the risk of detection is greater now than at any other time as the police and the industry as a whole are cracking down on those who drive without insurance. In fact, in 2008 records show that there were some 235,000 convictions for driving without insurance together with 185,000 uninsured vehicles seized by police each year since 2005.
However, despite the large numbers of uninsured drivers – some of whom will be undoubtedly be involved in an accident – there are No Win No Fee Solicitors who will take on the case if you look around.
Winning a claim for injury compensation following a car accident, requires evidence that you were indeed injured in an accident and that the other party was at fault. On the other hand a Road Traffic Accident is a totally different scenario whereby Road Traffic Accident Claims are possible for perhaps a pedestrian who has been hit by a car, a motor cyclist who has been involved in a collision with another vehicle, a passenger in a car involved in an accident, a driver of a vehicle hit by another vehicle, a motorist who has suffered an accident due to a poor road surface, obstacle or dangerous road, or maybe a cyclist hit by another vehicle the list goes on. Often such accidents involve a hit and run situation whereby you will need to make an untraced driver claim to the Motor Insurers Bureau. The MIB also offers compensation for those who were injured by motorists. Before your road traffic accident claims you will need to receive medical attention otherwise your motor accident claim may be fruitless. The number of traffic accident claims has risen dramatically as more people are now suffering from accidents and people are sometimes claim more than they actually deserve. All these cause the problem between insurer and insured. You can have only one life to live and only one lifetime to enjoy.
The most common motor vehicle injury sustained today is with out doubt whiplash with over 250,000 reported incidents every year and many ending up in the hands of No Win No Fee Solicitors. These injuries can range from a mild sprain or dislocation to a major trauma or even a worse case scenario-brain damage. Whiplash stands out as one of the main injuries in which U.K. insurers folk out substantial sums of money every year in the name of whiplash compensation.
In fact over 430,000 people made a whiplash injury claim here in the U. K. in 2007 (75% of the UK’s motor insurance claims) accounting for 14% (£1.6bn) of every driver’s premium. The average cost of whiplash compensation currently accounts to £66 for every car insurance policy that is issued here in the U. K.
Although one would expect the numbers of Whiplash Injuries to be on a downward trend the opposite is in fact the case. It is well documented exactly how and why Whiplash Injuries occur, but still the numbers increase. In fact one survey carried out in 2006 suggested that the closer the rests, the less severe the accident. The injury is sustained whereby the neck receives a sudden jolt, upon a vehicle stopping suddenly resulting in the drivers or indeed passenger’s head being forcefully thrown forward, producing symptoms of stiffness, headaches and pain in the affected area. These symptoms may eventually subside after a couple of days, however they may also be so severe that it can last indefinitely. It is therefore essential to contact one of the many No Win No Fee Solicitors in your area to help you get what you are entitled to in the form of whiplash compensation.
It possibly comes as no great surprise that in the U. K, the majority of the whiplash compensation claims are for neck injuries sustained during a road traffic accident.
Whiplash injuries include the following:
Pain and aching to the neck and back.
Pain to the shoulders.
Sensory disturbance (such as pins and needles) to the arms & legs and headaches.
Whiplash injury is usually confined to the spinal cord, and the most common areas affected are the neck, and the mid-back (middle of the spine).
Difficulty swallowing, blurred vision and ringing in the ears.
In making a Whiplash Claim with one of the respected No Win No Fee Solicitors, it is very important to have all the facts compiled and to hand, whereby ensuring that your No Win No Fee Solicitor has a better chance of securing a higher level of whiplash injury compensation for you. Some of the things to consider when presenting your case file to the No Win No Fee Solicitor are as follows:
Get as many facts as possible from the scene of the accident for example – where the accident took place, at what time, the people involved, who witnessed the accident etc.
Try to secure any independent witness statements from the scene of the accident.
If you have a means of taking a photo and possibly a video on the circumstances surrounding the accident then this will be a big help to your No Win No Fee Solicitor.
Make sure you visit the Hospital or seek other medical attention just to get checked over to make sure that you have not suffered a more serious Whiplash Injury than you realise. Whiplash is not always evident straight after an accident and can show itself in the days and weeks to follow. Apart from ensuring that you have not suffered anything too serious your No Win No Fee Solicitor will certainly expect you to have visited the Hospital which will strengthen your whiplash claim.
Post accident, one should always keep any receipts together with pay slips-which will show any financial losses that you have suffered due to your injury.
It is important to remember that after being involved in an accident involving Whiplash you should seek independent advice from a Solicitor who deals in these type of cases and better still why not secure the services of one of your local No Win No Fee Solicitors as it takes way all the risk for yourself in the event that your case is more complex in nature than first thought.
These days No Win No Fee Solicitors are relatively easy to find and is always considered a better option than going it alone. It is also worth remembering that a client can bring a whiplash claim against the third party responsible for their injury-up to three years from the date of the accident. Moreover additional things to consider are as follows:
You will generally only be compensated for the duration of the time, that your resulting pain stops you from carrying out your normal day to day activities. Obviously any loss of earnings resulting from the occurring pain shall be taken into account.
In addition to compensation for your injuries you will also make a claim for your costs and expenses.
If you admit liability or guilt you are going to hurt your case in court.
Less than two weeks is generally not considered severe enough to warrant a higher level of compensation.
The right solicitor will ensure that you receive the highest amount of whiplash injury compensation.
Most No Win No Fee Solicitors will arrange immediate treatment for you privately and at no cost to yourself. You will be able to claim the costs of the treatment back from the other driver’s insurance company.
A specialist whiplash solicitor will arrange a vehicle for you quickly and without any cost to you and will generally discuss the medical facts with a physician.
Your solicitor will refer to a guide called the Judicial Studies Board Guidelines for the Assessment of General Damages in Personal Injury Cases. However, not all solicitors will obtain the same amount of whiplash compensation for you, as shown in the paragraph below the figures:
o £750 to £2,500 if you make a complete recovery within 1 year
o £2,500 to £4,250 if you make a complete recovery within 2 years
o £4,250 to £7,750 (slow recovery, increased vulnerability)
o £7,750 to £13,750 if you have permanent ongoing symptoms
Most No Win No Fee Solicitors who tends to specialise in Whiplash Injuries will be competent enough to give you a ball park figure on the likely whiplash injury compensation that you may be entitled to based on the severity of the injuries that you have received. The damages fall into two groups one being “General Damages” with the other being “Special Damages”
‘General damages’ is the term that is used to describe the compensation that you are entitled to for the pain and suffering that injury has caused you and how it affects your day-to-day lifestyle. This will need to be supported by medical evidence as your solicitor will organize a medical examination to establish the severity of your injury and prognosis.
‘Special damages’ is the term that is used to describe the compensation you are entitled to for any financial losses that you have suffered. Make sure that you keep a copy of any wage slips or receipts to support the financial losses you have incurred so that ‘special damages’ can be considered as part of your compensation award.
Bicycle accident claims
In 2010 bicycle accident fatalities increased by 7%. On average, 150 cyclists are killed yearly on Britain’s streets. More than 2000 end up seriously injured or suffering from life-altering brain damage or paralysis, and more than 16,000 cyclists sustain other kinds of injuries. Less than 10% of road accidents involve cyclists. The casualty of cyclists is close to 100 times higher than car users. It’s therefore logical to presume that cyclists are at a higher risk of injury and loss in the case of an accident.
The usual types of bicycle accidents are the following:
Accidents involving other vehicles
Accidents caused by bad road conditions
Accidents caused by bicycle failure or malfunction
Accidents during sports or training
Accidents involving a person or animal
There is no law requiring cyclists to get insurance against risks. Cyclist are generally expected to be responsible for settling claims for compensation by other road users and should they get involved in accidents due to someone else’s fault they are also responsible for taking action against the other party if they want to receive compensation.
If you get involved in a bicycle accident that was not your fault, you may be entitled to compensation for any injuries you may have sustained from the accident. The compensation that you may be given depends on how serious your injuries are. If you have been in a bicycle accident and suffered injury, you may be eligible to make a bicycle accident claim. You may get compensation for psychological trauma, repairs for the damage on your bicycle, clothing repair, and financial losses such as medical costs, loss of income due to inability to go to work, etc.
It’s important to know what you need to do after a bicycle accident. First, you have to make sure that you exchange information with the other party. You also have to make sure the accident is reported to the police. Having the police involved can be useful especially if the other party is not cooperative. Seek medical attention if you suffered any physical injuries due to the accident. It’s also helpful to take photos of the accident scene, the damage to your bicycle and the other party’s vehicle if applicable, and any physical injuries sustained in the accident. If your bicycle was damaged, it would be helpful to get an estimate on the cost of repairs, or better yet be able to produce the original receipt of the cost of the bicycle. Lastly, it is important to have legal counsel.
To make a bicycle accident claim, you must be able to show that there was a form of negligence from the other involved party, and you must be able to show the injury or damage you experienced due to this negligence.
Bus crash compensation
Bus accidents can affect more people than a typical car accident, simply because of the sheer size and passenger capacity of a bus. Because buses have a large passenger capacity, the risk of passenger injury in an accident is very high. Passengers can either be seated or standing during a bus ride, and who knows what kind of injury may be suffered by these passengers in the event of a serious bus crash. Although there is a law that requires buses, coaches and minibuses made after October 2001 to have manufacturer fitted seatbelts, this does not necessarily apply to transport used in long distance travel and to buses used for public transport in towns and cities. These typical public buses often allow passengers to stand. The passengers on this type of bus are at a risk of serious physical injury should there be an accident. These buses also carry school children and students so the risk is serious.
The passengers in a bus that got involved in an accident usually suffer injuries from being thrown around inside the bus due to lack of proper restraint. Passengers may suffer from cuts, bruises, fractures, and maybe even serious head injuries. There also may be injuries that result to serious internal damage, paralysis, loss of limbs, and even death.
Bus accidents are not as common as car accidents, but they are a very common and easily accessible means of public transport, so there are a lot of people who take the bus every day. In London alone, an estimated one million people use any of the city’s more than 700 different bus routes ever day. That’s a lot of people on buses daily.
If you or someone you know has been involved in a bus accident, you should be able to file a claim if there were injuries sustained. You can file a claim for personal injury compensation for physical injury, medical expenses incurred and lost earnings against the bus company or the individual who caused the accident. If the accident was caused by poor road conditions, you can file a claim against the council or authority responsible for maintaining the road and keeping it safe.
Laws in the UK protect public transport passengers and allow them to file such claims against the bus company if there was a breach of statutory duty against Public Service Vehicles (conduct of drivers, inspectors, conductors and passengers) Regulations of 1990 or if the driver was proved negligent in some way.
If you get involved in a bus accident, you should seek legal advice as soon as possible. You need to collect necessary evidence to support your claim. Evidence can be witness statements, police accident reports, medical records of any injuries sustained and the treatment, and receipts of any other related expenses.
Taxi crash passenger
Cabs are a popular way of getting around, especially in the cities. They are also particularly important when you want to go out and party, but don’t want to drive. Taxi cab drivers are usually very good drivers and countless people have no problem getting into cabs and putting their lives in these drivers’ hands. But a taxi cab is still a vehicle and, by no means, exempted from the risk of road traffic accidents.
If you or someone you love have been involved in a taxi cab accident, you or your loved one may be eligible for a personal injury compensation claim from either the taxi company if the accident was caused by the driver, or from the other involved party if they were the cause of the accident. In other situations, it can be a council or local authority to blame if the cause of the accident was bad or dangerous road conditions.
Similar to any other vehicle accident, there are some things you need to remember to help your claim for personal injury compensation. You need to get everyone’s information. In this case, you need to take down the name, address, registration details, and company details of the taxi driver and the taxi itself. You need to take down the same information from the other person or persons involved in the accident. You also need to take down the information of any witnesses if applicable. Take photos of the accident scene or have someone do it if you are injured. Report the accident to the police. Seek medical attention even if your injuries seem minor. There may be symptoms that are not visible right away. Lastly, seek legal counsel.
There is a higher rate of success in compensation claims if the involved party can prove that they suffered an injury and that the accident was somebody else’s fault. The effects of an accident can be any of the following:
Psychological damage, pain and suffering
Short- and long-term medical problems
Medical expenses, prescription expenses, and other related expenses
Medical care, in the event that the injury results to a disability or condition that needs special care
Loss of income if you were unable to go to work due to injuries
Receiving compensation for personal injury due to a taxi crash is a big help in one’s rehabilitation after the accident. Consult with your legal counsel if you need help in filing a personal injury compensation due to a taxi crash.
Forklifts are common and useful equipment, especially in construction projects. They can be dangerous without the proper use and safety. An estimated few thousand people a year are injured in forklift accidents and around 10 people are fatally injured.
According to the Forklift Truck Association (FTA), forklift accidents usually occur when there are pedestrians present in the same vicinity as the forklifts. The Health and Safety Executive (HSE) recommend that forklifts and pedestrians should be separated by traffic routes and barriers.
Forklift accidents usually involve the following:
A forklift overturns and accidentally crushes a person
A person gets trapped against an object, wall or ground by a forklift
A load falls off from the forklift and lands on or hits a person
If you have had an accident involving a forklift, you may be able to file a personal injury claim against the company or your employer.
According to the HSE, lack of training and poor supervision is the main causes of most forklift accidents. Companies or employers are responsible for ensuring and maintaining a safe working environment. They are bound by legislation to assess the risks of every job within the company. Companies are required to ensure that forklift drivers are competent and well-trained, the forklifts are in good working order and well-maintained, pedestrians and trucks are separated clearly by routes and barriers, and that the grounds are suitable and safe for people and forklifts alike.
If you have been involved in a forklift accident and have sustained injuries, you should be able to file an accident claim against the company or your employer as it is their responsibility to prevent such accidents from happening. You can make a claim on a no win no fee basis, which means you won’t have to pay even if the claim was not successful. Injury solicitors can make your case for you and you may be able to receive 100% of the compensation if you are successful.
Industrial deafness claims
The loss of hearing due to a work-related injury is called industrial deafness. At first the symptoms may not be noticeable and the deafness may be gradual. The deafness can range from minimal to complete deafness. Industrial deafness can be short-term or permanent and irreversible. In 2005, the government has already placed legislations protecting workers from industrial injuries such as loss of hearing.
Industrial deafness is mainly caused by prolonged exposure to noise. Industrial deafness cases that occur over time are usually in employees that work in high-noise areas such as construction sites and warehouse or factory sites where loud noise is confined and persistent. An example of high-noise is the persistent sound of a large machine such as a generator set inside a closed environment of a building. The noise level may cause hearing loss to someone who is exposed to this kind of environment for a long period of time.
There are also causes of industrial deafness that are singular and sudden. Examples of this are explosions or a loud bang or alarm. These sounds are sudden and occur at one time and not persistently. Industrial deafness that results from these types of noise is more immediate. One experiences a ringing in the ears and largely noticeable loss of hearing. This ringing or buzzing in the ear when there are no external ringing or buzzing sounds is called tinnitus. It may involve only one ear or both ears and may be temporary or permanent, depending on the extent of ear damage. It is often the first sign of hearing damage, and is the usual reason for people to consider filing a claim against their company or employer.
When tinnitus and noticeable loss of hearing are present it is important that one seeks medical attention right away. One also needs to consider filing a claim against the company or employer.
Filing a compensation claim for industrial deafness can be a challenge and seeking legal advice should be the primary step in deciding to file a compensation claim for this type of injury. Industrial injuries, including deafness, need to be supported by evidence. Most of the time proof or evidence in such cases is subjective. It is important that victims gather hard evidence such as maintenance records, training records, medical reports, photos, videos, and witness statements.
A person can file for an industrial deafness claim if it is clear that someone had the responsibility for ensuring that such injuries do not happen. This is usually referred to as duty or care. The responsibility of duty or care is defined as the legal responsibility that binds a company or organization to implement the necessary measures to ensure its workers are safe and protected from injury. Proving responsibility is synonymous to proving negligence. A person have to be able to prove that negligence on the part of the organization or another person is the cause of his or her industrial injury to be able to file an industrial deafness compensation claim. It is important to discuss the case with a legal representative in order to clarify details and information about the case. There are experienced injury lawyers who deal with this type of cases regularly and they are a big help to individuals who want to file a case.
Ladder fall compensation
The leading cause of death and serious injury in the construction industry are falls from heights such as off platforms, scaffolding and ladders. Injuries from a serious fall can range from broken or fractured bones to head injuries or spinal injuries and even death. These are injuries that employers or companies should try to prevent by ensuring that work premises are safe and compliant with safety regulations.
There are several possible situations resulting to a ladder fall. The ladder could be too short and therefore not very secure. The ladder could be unstable, incorrectly utilized or not secured properly. The ladder could be only partially open and therefore not stable. A worker may slip through ladder rungs. It could be that the ladder is standing on slippery or unstable flooring. A worker may overreach from a ladder and lose balance. A ladder could break under a worker. Lastly, a ladder could be used when more appropriate equipment should be.
The Health and Safety Executive (HSE) provides guidelines and precautions on the use of ladders:
Evaluate the job to see which equipment is appropriate and only use ladders for short-term and low risk jobs
Ensure that the ladder is secure – it should be secured at the top and secured at the bottom
Ensure that the ladder is on a stable surface
Ensure that an adjustable stand spreader bar is used when required
Ensure that the ladder is angled properly
Ensure that the worker does not work from the top three rungs. Only use a ladder that is three rungs above where the worker needs to work.
Always inspect the ladder before use.
Ensure that the users of the ladder are those who know how to use it properly.
Although companies or employers are responsible for providing the appropriate equipment, training and protection and safety, employees are also responsible for ensuring they use the correct equipment and training, and comply with safety guidelines in their work. Many accidents occur because employees become complacent or lazy about the rules and may skip a small but important safety guideline such as wearing a safety harness or choosing the equipment appropriate for the job that they do.
If you or someone you know sustained injuries from a ladder accident that was due to negligence by your employer, whether it’s not providing enough training or the correct equipment and protective gear, then you should be able to file a compensation claim for personal injury. If the fall was not your fault, you should seek legal advice from an injury lawyer about making a compensation claim for work-related accidents. Claims of that nature need to be filed within three years. Accident compensation can help you recover from the accident and get back money lost due to medical expenses, prescription medicines, rehab sessions, and lost income.