Passenger injuries normally occur when travelling as a passenger in a car, bus, or any other vehicle that has been involved in an accident. You do not have to be in the driving seat in order to make a claim. If you were in a vehicle in which the driver collided with another vehicle, you can make a passenger accident compensation claim.
You have a right to make a claim as in the majority of cases, passengers are the innocent party. The driver is ultimately responsible for ensuring the safety of his passengers, and should anything happen to them, he has to be prepared to face the consequences.
Claiming against the driver
If you were a passenger in a road accident and suffered terrible injuries, you should think about making a claim. Do not be put off even if it is against someone you know. You should note that as long as the driver has basic car insurance cover, and third party insurance, he or she will be covered for liability for injuries to other people in the car (including passengers), liability for damage to other people’s property and liability for injuries to the occupants of other vehicles.
Bringing a claim against a close family member or relative may admittedly be an uncomfortable experience, however your actions will not bear any negative repercussions on them. In most scenarios, they will be making a claim on their insurance anyway, and their insurance provider will be liable to pay any compensation that you receive.
If more than one driver was involved in the accident you can bring a claim against them too. If the other driver was also responsible for the injuries you suffered as a result of their negligence, then you can make a claim against both of them.
Whether or not you were wearing a seatbelt at the time of the accident will have an important bearing on the amount of compensation you will receive. Do not be surprised if the compensation is reduced as a result of you not wearing a seatbelt.
The driver making the other driver accountable too
If the driver is aware that a claim is being brought against him or her, then the driver can request that the driver of the other vehicle be also held accountable for the collision. This is advantageous for the driver as bringing the other driver into the equation it may help reduce the amount of compensation he or she might have to pay. This way each driver is responsible for paying their proportion of the compensation to the victim.
Passengers are often distraught in the aftermath of a car accident. In most situations it happens so quickly that it is difficult to witness what actually happened. This is particularly applicable for passengers travelling in the back of the vehicle due to limited vision. It is best that you seek legal advice from our solicitors if you have been involved in an accident as a passenger. This way you will know your options and the right way forward.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about compensation claims, Lawyer, Holiday accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
Most passengers have the false belief that travelling in an enclosed car will protect them from harms way. They even fail to strap on their seatbelt as they feel that the metal shell will protect them should they fall into an accident. It is a big mistake to think like this. There have been many cases of drivers and passengers suffering terrible accident injuries, and many of them have to deal with the physical and psychological impact. To prevent such catastrophic injuries, you should always wear a seatbelt.
The most talked about injury and one that is most commonly cited in a road accident is whiplash injury. A perhaps more less talked about injury is seatbelt injury. Seatbelt injury is actually a much more common injury than people think. If you think about the impact of a car accident, it is hardly surprising. When another vehicle slams into the back of your car or slams into the side of your car, you will be naturally jerked forwards or sideways. This jerk reaction will impact your body even if you are wearing a seatbelt.
Nonetheless it is essential that the driver and all passengers wear a seatbelt at all times. It has been proven time and time again that wearing a seatbelt reduces the likelihood of the passenger or driver suffering terrible injuries. Ever since the seatbelt was introduced into the public sphere, thousands of lives have been saved as a result.
If you have suffered a seatbelt injury, it could be because of the negligent behaviour at the wheel. The driver may have been speeding unnecessarily or overtaking dangerously. The driver also may have ignored the weather conditions and be driving recklessly or in road rage. If you feel that you suffered the seatbelt injury due to the driver’s negligent behaviour then you have a right to make a claim. It is your personal right as you sustained injuries due to someone else’s reckless behaviour.
What to expect if you are involved in a road accident
Depending on the circumstances of the road accident, you could expect to have the seatbelt dig into your abdomen. This can cause abdomen tenderness or even possible bowel injuries. You can avoid these types of injuries or reduce their likelihood of occurring if you take certain steps.
Many drivers loosely put on their seatbelts before taking off, without actually being aware that to avoid suffering personal injury, it is important to make your seatbelt as tight as possible. Seatbelts do save lives in the event of an accident so it is important that you ensure:
* The seatbelt is worn as tightly as possible
* Make sure that you always wear the lap belt over your pelvis and hips
* Ensure that you wear the diagonal strap over your shoulders
Have you suffered a seatbelt injury in a car accident due to the driver driving recklessly? If this is the case, then you have a right to make a claim. Our solicitors will assess your case and advise you on what you should do next.
Ayesha Salim is editor of the UK Lawyers Network. Ayesha writes articles about seat belt injury claims, road traffic accidents and motoring issues. Please visit the website if you would like to see more of Ayesha’s work or if you would like to contact local solicitors or to talk with a personal injury lawyer.
If you tripped over something in an aisle or slipped on some juice in a supermarket, you may be entitled to make a claim for compensation. This is not something many customers will think of, however if you obtained injuries through no fault of your won, then it is your personal right to make a claim for compensation.
Supermarket chains such as Tesco or Waitrose owe their customers a duty of care whenever a customer goes onto their premises. This duty of care can even extend to the supermarket car park. Supermarkets should ensure that their customers feel safe at all times when shopping at their stores, as they are ultimately responsible for their well being.
What you should do if you are involved in a work related accident
Thousands of workers are involved in various tasks in order to ensure that a supermarket operates efficiently. This incorporates a wide range of jobs which include cleaning, working on the checkouts, and shelf stacking. Depending on the type of work involved, obviously some of these work areas contain more potential hazards than others.
Many people assume that working in building sites and other industrial areas can be dangerous. However, working as a check out assistant has its own health risks. Check out assistants can suffer from repetitive train injuries in their wrists, shoulders and elbows. There is also a further risk in suffering from neck and back injuries, if their working area is not set up appropriately. Shelf stackers can face risks from lifting heavy objects or slipping on spills.
As an employee you may wish to seek action against your employer if you suffered an accident. It is strongly recommended that you seek legal advice before doing so, as you will be better informed about your chances of gaining compensation.
Things you should do as a customer if you are involved in an accident
If you happen to fall or trip over an obstacle in the supermarket that should not have been there, and you sustain injuries as a result, there are some things you should do in order to help your claim later if you decide to make one.
Quite soon after the accident you should report it to the manager or to someone at the customer services desk. You will most likely be given an accident report form to fill In case you are not given a form you can ask for one or make sure that the accident is recorded in the accident book.
You should make note of the contact details of any witnesses around at the time of the accident. You should also use a camera if you can to take photos of the scene of the accident, paying particular attention to important details. A camera on your phone should also be sufficient to do the job. By gathering all of this evidence, you are making your case stronger.
If you have suffered an accident at a supermarket and are unsure on your next steps, our solicitors will assess your case and advise you on your next steps.
Ayesha Salim is editor of the UK Lawyers Network. Ayesha writes articles about supermarket slip claim, public place accidents and slips and trips. Please visit the website if you would like to see more of Ayesha’s work or if you would like to contact local solicitor or to talk with a personal injury lawyer.
Although the technology is still relatively new, more people are turning to laser eye surgery as a way of freeing themselves from the constraints of wearing glasses. If the surgery is performed well, it can lead to greater clarity of vision for the patient. The patient’s quality of life will be improved and the surgery is not terribly long either. However, contemplating on having any form of eye surgery is a big decision, and unfortunately in some rare cases, complications do occur.
This procedure is used to correct long and short sightedness. The laser is used to change the shape of the cornea which is the transparent part of the eye which covers the iris and the pupil.
Complications and risks involved in the surgery
It should be borne in mind that laser eye surgery is still a relatively new form of surgery, and it is difficult to gather what the long term results will be. Some of the more immediate problems that people have complained about can range from dryness in the eyes to experiencing night vision problems. Furthermore, some candidates are more likely to be less suited to the surgery than others. It is the doctor’s responsibility to spot this early on in the pre-screening assessment.
The complications experienced by patients can vary from case to case. Some patients experience minor problems such as pain and sensitivity which can be solved. However, in other cases the consequences can be particularly serious with some patients suffering from cornea scarring to in some tragic cases even blindness.
Undergoing Cataract surgery
Cataract surgeries are usually common with elder patients, as they suffer from troublesome visual symptoms. The surgery is normally useful to have if your lifestyle requires you to read or use the computer screens a lot. Cataract surgery involves the lens being removed and replaced with a clear plastic lens implant. It is performed under a local anaesthetic and is a day-case procedure.
Problems can occur during the surgery through faulty technique or when the wrong lens is inserted. This can happen when the pre-operative assessment is not run properly and leads to misleading and inaccurate results.
The doctor should inform their patient of the risks involved in the surgery before it is carried out. Although the doctor may be unable to inform the patient of every possible risk, the main risks should be highlighted to the patient. This is particularly the case with serious ones, such as blindness.
Will I be able to make my claim?
This will depend on a few things such as:
* The type of injury that was sustained
* Your recovery rate from the injury and whether it has any long term consequences
* The amount of losses you incur as a result of the injury
Whatever your situation, our solicitors are experienced in dealing with a number of challenging claims and will be able to assist you in yours. If you feel that you have suffered negligence at the hands of a doctor, our solicitors should be able to help you with your claim.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Lawyer, Eye surgery damages, find a solicitor, legal, lawyer, law help advice, solicitors litigation
With more computers being used on a regular basis nationwide, it was inevitable that the number of repetitive strain claims would rise with it. Many of these claims could be avoided if the employer had taken certain measures to prevent this from happening. It is the employer’s duty after all, to provide a safe working environment for its employees.
Repetitive strain injuries can be quite complex in their nature and are not easy to claim for. For instance, it will be hard to distinguish between repetitive strain injury caused by work or at home, as it is common for most households to have computers nowadays. Using the computer at home could also have caused the injury.
However, do not let this put you off as your employer should take reasonable steps to avoid you suffering from this type of injury. For instance, it will be in the employer’s best interests to provide stress-saving items to staff members.
What causes repetitive strain injury?
People suffering from repetitive strain injury often experience feelings of stiffness, tingling, and swelling. These symptoms are normally the cause of certain work processes that caused repetitive strain in the upper limbs. It has been claimed that around two thirds of office workers suffer from RSI, however many are not even aware that they can even make a claim.
It is important that the employee takes regular rests from the keyboard as this is a common cause for RSI. The PC monitor should also be adjusted to the correct height for the employee for health reasons. It is not just the keyboard that can cause a strain. Repetitive use of the mouse can also be the cause for RSI. Continuous muscle contraction due to being in a fixed position for too long can cause the symptoms.
As an employee if you have developed RSI as a result of prolonged keyboard and mouse use, it may be possible to make a RSI claim against your employer. The amount of compensation you can claim for will highly depend on the severity of your injury. In order for your case to be analysed the best way possible, it is recommended that you contact a solicitor as soon as possible. The solicitor will give you the appropriate information you need and help you in your claim forward.
Technology is advancing rapidly with laptops and other gadgets getting smaller to make it easier on the move. Seeing people working on their laptop or blackberry on the train or bus is a regular thing. However, this has also increased the risks of them obtaining RSI, particularly if they use these devices all day at work as well. The risks of them obtaining RSI become higher due to the smaller and closer-situated buttons. Commuters often work in uncomfortable positions as well, which makes the effects of RSI particularly more serious.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about compensation claims, Lawyer, Repetetive strain injury claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
Many people do not realise how easy it is to contract food poisoning if they are not careful. Although most restaurants and cafes are very careful in preparing food for their customers, some fail the hygiene test causing their customers to contract the bacteria. Some of the cases of food poisoning can vary from being relatively minor to being quite serious.
The most common type of food poisoning is bacterial poisoning. If the food is not heated, cooked, or stored properly, it can lead to poisoning. On some occasions, it is the chefs who are unhygienic in preparing the food. They fail to wash their hands before they touch the food, or they use unclean kitchen utensils in making the food. Failure in this can contribute to food poisoning.
Symptoms of food poisoning
As everyone’s body reacts differently to food poisoning, there are no hard and fast rules on how soon you will become ill after contracting the bacteria. Some people become ill straight away, whilst others may take a few days. How ill a person gets will depend on how healthy the individual is, and the seriousness of the food poisoning itself. Some are able to recover quite quickly, whilst others take longer. Symptoms of food poisoning can vary from case to case, but usually involve vomiting, stomach upsets, dehydration, and fever. Usually these can be cleared up with the right medication. However, some of the more serious cases of food poisoning can lead to death.
E-Coli food poisoning
This type of bacteria lives in the lower intestines of healthy mammals. Once this bacteria is transferred to food it can cause food poisoning if ingested. This can be avoided by washing and cooking food thoroughly. Washing your hands after coming into contact with the food is also important to avoid transferring the bacteria to other food through touch.
Avoiding Salmonella poisoning
Salmonella is usually found in meat and poultry, eggs, and unpasteurised milk. It can also be found in untreated water and seafood. Similar to avoiding e-coli poisoning, it is important to heat food thoroughly. This is especially the case with meat. It is also necessary to wash hands thoroughly after handling the food to avoid transferring the bacteria to other food.
Unfortunately, salmonella food poisoning is particularly hard to get rid of once ingested, and has the potential of causing serious long-term health problems. The particularly vulnerable members of society include the elderly and the ones with a history of health problems.
Am I entitled to make a claim?
If you ate something which you believe led to you suffering from food poisoning and believe this was as a result of another person’s negligence, you may be entitled to make a personal injury compensation claim. You may even be entitled to compensation if you contracted food poisoning whilst abroad on a package holiday.
If you have suffered food poisoning, you should keep hold of any medical evidence from your doctor, and retain any receipts from the cafe or restaurant you suspect caused your food poisoning. Our solicitors will assess your case and help you in your claim.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Lawyer, compensation claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
Anybody involved in a game of sport can expect to sometimes get injured. Sometimes an error in judgement or some general carelessness can lead a player to sustain an injury. Therefore most participants consent to the risky nature of the game playing. However, sometimes a player can trip up on badly maintained surface, or be pushed just a little too hard buy their trainer. In these circumstances it may be possible to make a claim for compensation.
The way to examine whether a claim may be made is to distinguish between actual foul play or just a temporary relapse in judgement. Simple carelessness or a minor error in judgement is not a strong enough basis on which to make a valid compensation claim.
The types of sports injuries claim that can give rise to a claim include:
* Playing on surface that is badly maintained
* Unsafe facilities or equipment
* Dangerous or reckless conduct by competitors
* Failure in supervising or instruction giving
These are just some of the examples of accidents occurring that are not considered to be part of the normal course of ordinary play. These types of circumstances could call for a valid compensation claim.
Some sports injuries can be so serious that the victim may end up loosing out financially in addition to suffering the pain of the injury. Therefore if you find yourself in this situation, it is strongly advisable that you seek the assistance of a solicitor that will be able to assess your case and advise you on how to proceed.
Spectator Sports Injury Claims
Spectators are merely there to watch and enjoy the came, not put themselves at risk of getting injured. Unfortunately, if the correct protocol is not adhered to, injuries can occur. The organizers of the event should ensure that the spectators are safe at all times and kept out of harms way. The spectators should also be watching the game under safe shelter, in line with health and safety standards.
Accidents to sports spectators normally occur when the shelter provided is faulty or in inadequate condition. Any barriers or railings might not be secured properly and there may be lack of appropriate lighting. These are some of the basic safety measures that should be adhered to, and a failure of these can lead to spectators suffering injuries as a result.
Making a Sports Injury Claim
If you become injured following a sporting activity, the first thing you should do is seek medical help. This is essential for a number of reasons. Firstly, the seriousness of your injury will be determined and you will be able to seek appropriate treatment. Secondly, the medical records will help your case if you decide later on to make a claim.
It will also help your case if you collect as much information as possible. This would involve reporting the accident to to any member of staff around at the time, collecting names and addresses of any witnesses around at the time of the incident, and any photographs if possible.
If you have been victim to a sporting injury and are unsure on your next steps, our solicitors are here to help you.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about accident claims, Lawyer, compensation claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
Cancer comes in many different forms and there are various factors which may increase the likelihood of an individual developing the disease. Your family history, general lifestyle, and other environmental factors may all contribute towards the individual developing the disease.
In recent years, great progression has been made in cancer research and early detection process of cancer. It is well known that early diagnosis of cancer can drastically impact the individual’s chances of survival before it has a chance to spread. Not all types of cancer are so easy to spot, however some of the more common ones can be detected early through careful screening. Failing to recognise important signs of cancer can have drastic consequences on the patient’s quality and life expectancy. Furthermore, if early diagnosis is not made, then the cancer can spread to such a stage that treatment may no longer be a viable option for the patient.
What is involved in making a claim?
In order to establish the doctor’s liability, the doctor will first be assessed against other doctors in the same speciality. Two fundamental questions will be asked:
* Did the doctor fall under the reasonable standard expected from doctors in his or hers speciality?
* Would the patient’s condition be any better now if the correct diagnosis had been initially made? What about comparing this with what actually happened?
Essentially the courts use what we call the ‘balance of probabilities’ test. Therefore, if the experts in this field argue that the correct diagnosis would have given the patient a 60% chance of survival, and the actual delay in diagnosis and treatment has reduced that chance to 40%, there will be compensation for that individual. The same rule applies to any other serious flaws in treatment. However, if a 40% chance had fallen down to 20%, there would be no compensation for that. This is because the survival rate was less than probable in both cases.
The balance of probabilities test has proved to be controversial as many commentators have argued that it can provide unjust results for some of the patients. Nonetheless, it is the law that is applied today, and the process that will have to be gone through for anyone making a claim.
The following are a list of misdiagnoses by doctors that are commonly made in cases of breast cancer:
* Failure to follow up on test results
* Not ordering new tests
* Failing to spot early symptoms of cancer
* Confusing the tumour for an infection or diagnosing the tumour as benign
* Failing to notice a lump during the screening process
The list outlined above are just some of the crucial mistakes that doctors make which lead to great anxiety and stress for the individual. If these diagnoses were made early on, then it would mean less pain and hardship for the individual.
If you have been affected by misdiagnosis of cancer and wish to gain further advice, our specialist clinical negligence solicitors will be able to offer you advice with compassion and understanding.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about Solicitor, solicitor, cancer misdiagnosis, find a solicitor, legal, lawyer, law help advice, solicitors litigation
Many of us shudder at the prospect of going to the dentist, as the very thought of someone drilling into our tooth opens up a house of horrors. However, it is well known that going for a check-up is good for your health and we know that we should place great trust into the professionals that are taking care of us.
In the majority of the cases, the dentists offer an excellent level of service to their patients. However, in some rare cases, mistakes do happen and this unfortunately leads to some form of injury to the patient. It is important to not confuse an unfortunate side effect of the treatment and the actual negligence on the part of the dentist. Some cases are very clear cut. For instance if your dentist was negligent in fitting your crown properly. As a result you are now experiencing trouble eating. It is possible that your dentist failed to spot a serious dental disease and now you are experiencing persistent pain. You may have even suffered permanent damage to your teeth.
Types of dental negligence
There are many types of dental negligence that can occur. The list below outlines some of the main ones:
Misdiagnosis by dentists
This is when the dentist fails to recognise a serious problem which results in the patient receiving inadequate treatment for their dental problem. If the patient suffers more pain and hardship as a result of the misdiagnosis, the patient may be entitled to compensation
Carelessness by dentists
The dentist may carry out the dental procedure carelessly and end up causing personal injury to the patient. This can also be a clinical negligence claim.
Inadequate treatment
The dentist may be responsible for carrying out inadequate treatment over a period of time. The dentist’s action could result in personal injury to the patient. If it can be shown that another dentist in the same professional capacity would not have made the same error in judgement, then the patient may be able to make a claim.
Drug usage
Providing the patient with the wrong dosage of drug can have catastrophic consequences for the patient. Similarly, failing to make note of the patient’s allergy by not examining the forms properly is another serious error sometimes made by dentists. These are serious errors that can give rise to a compensation claim.
If you have personally suffered undergoing a dental procedure, and wish to make a claim, our solicitors should be able to help you. You may feel that your dentist has provided you with substandard care or caused a dental accident which resulted in you suffering personal injury. Whatever the reason may be, our specialist solicitors will be able to advise you.
In order for your claim to be successful, you will need to be able to show that the same treatment would not have been provided by a reasonable and competent member of the dental professional. Our specialist solicitors provide a sympathetic and friendly service, and will ensure that you have the best chance available in pursuing your compensation claim for dental injury.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Personal injury Lawyer, Dental Negligence, find a solicitor, legal, lawyer, law help advice, solicitors litigation
Amputation claims come in different forms from loosing a leg to loosing a toe or finger. No matter which part of the limb is lost, the results of the amputation can be devastating for the individual. The consequences of the amputation are so far-reaching, that it can take a life-time for the individual to fully recover. The level of time and care that will be needed will depend on the individual situation and the coping mechanisms of the individual concerned. If you have been victim to this, whether or not you will be able to make a claim will depend on how you lost your limb.
Traumatic amputation
A traumatic amputation claim can arise when somebody suffers a loss of limb during a serious accident. This can happen anywhere, such as in a traffic accident, at the workplace, or in a motorbike accident. These injuries can be complete, or even partial where some soft tissue remains, however the body part is completely crushed. If you have suffered under these circumstances and wish to make a claim, it will be necessary to be able to prove that someone else was wholly or partially responsible for the amputation taking place.
Making a surgical error claim
This is when a surgeon removes a limb or a part of a limb that is causing a great deal of pain for the individual or is threatening to their health. However, as with any surgical procedure, complications can occur which can lead to great distress for the individual concerned. On some occasions, amputation of a limb was not part of the original plan, however the patient ends up losing a limb due to the surgical procedure going wrong. The patient will be able to make a claim based on both the surgical error and the amputation.
Making a misdiagnosis claim
Arguably the worst type of medical negligence that occurs is wrongful limb amputation. There have been many reported incidents of surgeons through misdiagnosis amputating the wrong limb or amputating a limb unnecessarily. In these cases the patient’s life is changed forever due to mishaps that should never have happened. The patient is both physically and psychologically impacted. If the patient wishes to make a misdiagnosis claim, it will have to be shown that the patient’s health was not at risk due to the limb.
Suffering the loss of a limb because of a serious accident, or due to a surgical error can have devastating life-changing effects on the individual. If you have been victim to an amputation based on misdiagnosis in treatment or as a result of a road accident, you will be feeling shaky and uncertain about your future. It is understandable in these circumstances to be worried about how you will cope emotionally and financially as a result of your loss.
Some people find it difficult to continue in their course of employment, and others feel it is necessary to have an extended resting period in order to fully rehabilitate. If you feel that you have suffered a loss of a limb due to an accident that was not your fault, you may be entitled to compensation.
Our solicitors will handle your case with sympathy and compassion, as we are aware of the psychological effects a loss of a limb can have on an individual.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about compensation claims, Personal injury Lawyer, medical negligence claim, find a solicitor, legal, lawyer, law help advice, solicitors litigation
