A Guide Personal Injury Claims

On January 18, 2011, in Attorney, by Paul Myers

A broad range of injuries are involved in personal injury litigation. Whiplash sustained in a car accident, vibration white finger from operating machinery in a factory, and even post traumatic stress sustained from a highly distressing situation for example in the army all fall under this category, showing that personal injuries are not just physical. Whether your injury has presented you with long or short term effects, you could be entitled to claim for compensation if the injury was caused by the negligence of someone else.

“No win – No fee” agreements (more correctly known as “Conditional Fee Agreements”) have been allowed since 1995, intended to lessen the burden on the public purse as Legal Aid was withdrawn from most personal injury claims. The basis of Conditional Fee Agreements is that the solicitor is only entitled to be paid his legal fee if he wins the case and that payment is sought from the losers or their insurance company and therefore does not come out of any compensation award. If the solicitor is unsuccessful and loses the case he will be unable to claim his fees from either the third party or his own client and therefore is not paid anything in a losing case. If a case is lost, a claimant may be liable for an opponent’s legal costs so ‘after-the-event’ insurance is recommended to protect against the costs of losing legal proceedings.

You should then locate an expert personal injury solicitor who will process your claim. Many solicitors will not take on a claim that has little chance of success, as they work on a no win no fee basis, so your claim has be strong to progress. Professional legal representation can make the process less stressful and time-consuming than it would be pursuing the claim yourself.

In some cases, however, a Court attendance may be required to resolve any dispute. Be assured that your Solicitor will talk you through the whole process to ensure you are comfortable with any decision to issue Court proceedings long before any Court date is set.

The personal injury claims process can seem complicated and may deter people from making a claim to receive the compensation they rightly deserve. Qualified solicitors can simplify this process and make it less stressful for you. By claiming you could also prevent the accident or injury happening to anyone else.

If you have been injured in an accident on public transport, an require a specialistAccident claims liverpool solicitor then contact Bartletts Solicitors in Walton Vale, Liverpool. Bartletts are specialist No win no fee compensation claims solicitors.

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Compensation Claims

On January 17, 2011, in Attorney, by Paul Myers

A broad range of injuries are involved in personal injury litigation. Whiplash sustained in a car accident, vibration white finger from operating machinery in a factory, and even post traumatic stress sustained from a highly distressing situation for example in the army all fall under this category, showing that personal injuries are not just physical. Whether your injury has presented you with long or short term effects, you could be entitled to claim for compensation if the injury was caused by the negligence of someone else.

The first step towards lodging a claim is to have your injuries assessed by a doctor. The diagnosis of your injury, whether long-term or short-term, is crucial in deciding the amount of compensation you will be entitled to. Conditions like asbestosis that will continue to affect your health in the distant future will entitle you to substantially more compensation than a sports injury like a sprained ankle which will recover in time.

Many solicitors now work on a no win no fee basis which means that your case will not be taken on unless there is a reasonable chance that it will be successful.

Professional legal representation can make the process less stressful and time-consuming than it would be pursuing the claim yourself.

In order to process the claim, we will need an accurate description of the circumstances, together with the date that the accident occurred, plus a description of the nature of injuries suffered.

It may also be useful to retain receipts and payslips if you are intending to claim for loss of earnings or other financial expenses that were incurred as a result of the injury.

It will be imperative for us to determine who the alleged negligent party was, as in order to bring a successful claim we will need to show that your injury was due to that person’s negligence or omission. If you are unsure about the person or body who may be liable for your injury, call our team who will be able to discuss this aspect of your claim in more detail.

This will depend on how complicated your case is. Most cases are settled in approximately 9-12 months, but more serious accidents and injuries will require a longer time to resolve.

If you have been injured in an accident on public transport, an require a specialistAccident claims liverpool solicitor then contact Bartletts Solicitors in Walton Vale, Liverpool. Bartletts are specialist No win no fee compensation claims solicitors.

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Personal Injury Claims

On January 17, 2011, in Attorney, by Paul Myers

If you have suffered an injury due to the negligence of someone else, you may be able to claim compensation. Personal injury claims are a major player in the litigation market and cover eventualities from asbestosis developed from working in close contact with asbestos to whiplash sustained in a car accident. Personal injuries are not just physical, they can be psychological, for example post traumatic stress caused by a particularly distressing experience.

The first thing you should do is have your injury assessed by a medical professional. They will be able to diagnose your injury and provide a long-term prognosis which may affect the amount of compensation you wish to claim. For example, work related illnesses like asbestosis will prevent you from working and will seriously affect your future health, which would increase the amount of compensation you are entitled to.

You should then locate an expert personal injury solicitor who will process your claim. Many solicitors will not take on a claim that has little chance of success, as they work on a no win no fee basis, so your claim has be strong to progress. Professional legal representation can make the process less stressful and time-consuming than it would be pursuing the claim yourself.

You should take a number of steps at the scene of the accident of injury to gather evidence which can be used to substantiate your claim, as you will need to prove that the injury was occurred as the result of someone else. Evidence should constitute of the date and location of your injury and how it happened. Take a picture or a sketch the scene if possible. Collect the details of any people who witnessed the accident and notify them that they will be contacted at a later date. Gain a prognosis of your injury from a medical professional and collect receipts and payslips that will demonstrate a loss of earnings. Your solicitor will be able to organise your evidence in order to present it to the party being held responsible and their insurers.

It may seem complicated, but making a personal injury claim can ensure that you have the time to fully recover without having to worry about your finances, and also prevent the injury happening to anyone else.

If you have been injured in an accident on public transport, an require a specialistAccident claims liverpool solicitor then contact Bartletts Solicitors in Walton Vale, Liverpool. Bartletts are specialist No win no fee compensation claims solicitors.

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Cosmetic Surgery

On January 16, 2011, in Attorney, by Paul Myers

Today’s media presents a powerful and inescapable image of perfection. Thousands of people are influenced by this to undergo plastic surgery and achieve physical faultlessness. In 2005 alone 22,000 cosmetic procedures were carried out, including face lifts, breast augmentation and tummy tucks.

However, compensation claims for surgical errors and clinical negligence have amounted to more than 7 million in the last 13 years, demonstrating that cosmetic surgery is certainly not a quick fix.

A common problem highlighted in many TV series, such as The Ugly Face of Beauty on Channel 4, is that often cosmetic surgery clinics use high pressure sales techniques, discounts and give very little warning of the risks involved. Additionally many less reputable clinics can be negligent and fail to give adequate postoperative care, which is essential with the possible risk of infections and disfigurements.

Of course there are many professional conscientious surgeons who ensure they explain risks and organise post-op care. Surgeons specialising in cosmetic surgery must register with the General Medical Council register if starting up from 2002, and many already in practice have registered as well.

A report published in 2005 by Britain’s Chief Medical Officer warned that surgeons least likely to be registered as specialists were in fact those who practiced only cosmetic surgery. With no set of requirements to follow, surgeons can mislead patients with guaranteed results and inadequate aftercare, giving rise to infections requiring further operations.

Risks are attached to any surgery, yet the stakes are raised by clinical negligence by cosmetics surgeries. Botched surgery encompasses tummy tucks with sickening scars to lopsided or mismatched breast implants. The consequences of wound infection and haematomas can be devastating as the patient is left looking worse than before.

If a clinic is registered with the Healthcare Commission they must have a complaints procedure in place. As a result if the clinic is unhelpful the Healthcare Commission can be asked to review the case. The difficulty for many patients is that most clinics will get payment upfront for the procedure, leaving the patient with little effective remedy when things go wrong. The frustration of getting no compensation for botched surgery adds insult to injury and leaves patients with fragile self-esteem in need of an understanding, sympathetic and effective solicitor.

All too often legal action is the only way to get an answer.

If you have been injured in an accident on public transport, such as a Bus Accident then contact Bartletts Solicitors in Walton Vale, Liverpool. Bartletts are specialist Accident claims solicitor .

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Public Transport Accident Compensation

On January 15, 2011, in Attorney, by Paul Myers

Like all public sector companies, public transport bosses have a duty of care to ensure their passengers can complete their journey unharmed. If they fail to do this due to below adequate safety standards they will be liable to fines and compensation claims. If you are injured on a boat, plane, bus, train or coach, the litigation industry caters for claims which occur on all public transport.

Negligent driving is one of the main causes of injury on public transport. For instance, if a bus driver were to break quickly, in the absence of seatbelts passengers would be thrown from their seats. This can incur injuries such as fractures, breaks and whiplash.

To receive compensation for your injuries you would first and foremost need to prove that you were not at fault. It is advisable to gather evidence at the scene of the accident as follows. If it is safe to do so, inform the driver of the accident and retain their details for later reference. Try and take a photograph of the area and take details of anyone who saw the events unfold. Remember to keep your ticket to prove evidence of your whereabouts and passenger status. Make use of the first aid provided at the scene to stabilise your injury, but as soon as possible receive professional treatment.

A personal injury solicitor will advise you whether you have enough evidence to progress with your case and the likelihood of a compensation payout. If the claim is to continue they will correspond with the transport company and their lawyers to carve out a deal. If an agreement cannot be reach the claim will be settled in court to ensure that you will achieve the maximum amount of compensation.

Fortunately public transport is still relatively safe when compared with National Statistics which reveal the death and injury rates of private vehicles are higher. Even so, if you have suffered an injury you should consult a solicitor as soon as possible. You could not only receive compensation for your injuries, but for further pain and suffering, loss of earnings or future income, medical charges such as physiotherapy costs, or additional transport costs.

If you have been injured in an accident on public transport, an require a specialistAccident claims liverpool solicitor then contact Bartletts Solicitors in Walton Vale, Liverpool. Bartletts are specialist No win no fee compensation claims solicitors.

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PPI Claims Process

On December 4, 2010, in Attorney, by Katie Clayton

PPI (payment protection insurance) is an insurance product that is sold alongside loans to cover monthly payments in the event that a person becomes sick, unemployed or suffer an accident. However, PPI used to be rife with problems and more people are acknowledging this and beginning to claim it back.

Consumers that were mis-sold PPI could now be reimbursed by the businesses who sold it to them, thanks to the Financial Ombudsmen. They developed a new process to make the handling of complaints easier in April this year and since then many thousands have been aided in claiming back significant amounts of money.

New forms make it easier for the consumer to provide all the information required for your claim to be processed. It also has a section so that the Ombudsman can determine the prejudice shown towards the customer at the point of sale and if they were pressured into buying the insurance. PPI is particularly unfair as it doesn’t actually help those who need it the most.

This has been acknowledged by the banks and the FSA and will hopefully result in banks being more forthcoming when offering redress to customers. With this in mind it is likely that the levels of PPI claims will increase to epic levels that won’t be surpassed by any other mis-selling claims.

This is set to be a lengthy task with millions of policies in existence and billions of pounds waiting to be claimed back. Especially high amounts of compensation are expected to be awarded to those who were mis-sold Credit Card PPI as banks often do not hold records of how this PPI was originally sold.

Media coverage and word of mouth over the past few months has increased awareness of mis-sold PPI and the ability to claim it back. Almost everyone knows someone with PPI. Claims are set to peak over the next 2 years but cease completely within the next 5 years as the problems with PPI are rectified.

If you are looking to claim PPI insurance back you will require the services of a dedicated solicitor. Visit Donns PPI claims. Donns can help recalim PPI.

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Energy Efficient Land-Lords

On November 28, 2010, in Attorney, by Paul Myers

Energy efficiency is a word many landlords have tried to avoid, and when it comes to making the properties they let-out energy efficient then the land lord will state that there is no real return on investment for them and that the only benefactor of the practice would be the tenant.

However, with increasing pressure from the Government on property owners to consider the energy efficiency of commercial buildings and to put in place good environmental practices, ‘Green Leases’ look set to be firmly on the UK property agenda, particularly for businesses with a commitment to sustainability.

At the moment the initiative is being driven out of London by The Green 500 (a programme targeting occupiers of commercial property to improve their sustainability and carbon footprint) and the Better Building Partnership a group of leading property owners and the London Development Agency. Their aim is to develop solutions to improve the sustainability of London’s existing commercial building stock and achieve substantial CO2 savings in support of the Mayor’s target of 60 per cent by 2025.

The government is providing grant assistance to help make our properties more energy efficient and reduce our individual Carbon footprints in an effort to combat Climate Change.

Landlords can use Government grant incentives to better insulate their properties which can be used to install energy efficient measures such as cavity wall & loft insulation which typically accounts for 60% heat loss in a home.

Clearly the issues will differ according to the type of property (new build or refurbishment) and the environmental policies of the landlord or tenant. The following clauses are examples of those that could be negotiated and tailored to the individual needs of the property and to reflect the intentions and financial commitments of the parties involved:

There are other benefits for the landlord, such as: Improving the Value & rent ability of their properties, the tenant tends to stay longer & properties rent quicker due to lower running costs, they can re-claim the Cost of Energy Efficient Measures.

If you have been injured in an accident on public transport, or have a Back Injury at work then contact Bartletts Solicitors in Walton Vale, Liverpool. Bartletts are specialist Personal injury claim liverpool solicitors.

categories: law,legal,compensation,loans,claims,lawyer,solicitor

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Making A Personal Injury Claim

On November 24, 2010, in Attorney, by Paul Myers

We would recommend making your claim at the earliest opportunity, as the law within the United Kingdom only allows an adult three years from the date of the accident or injury for a claim to be made. If the claim was to be brought outside of this time limit, you may have lost your legal right to bring a claim for compensation. If you have an accident before you reach 18 years of age, you have 3 years from your 18th birthday in which to bring Court proceedings for the claim.

“No win – No fee” agreements (more correctly known as “Conditional Fee Agreements”) have been allowed since 1995, intended to lessen the burden on the public purse as Legal Aid was withdrawn from most personal injury claims. The basis of Conditional Fee Agreements is that the solicitor is only entitled to be paid his legal fee if he wins the case and that payment is sought from the losers or their insurance company and therefore does not come out of any compensation award. If the solicitor is unsuccessful and loses the case he will be unable to claim his fees from either the third party or his own client and therefore is not paid anything in a losing case. If a case is lost, a claimant may be liable for an opponent’s legal costs so ‘after-the-event’ insurance is recommended to protect against the costs of losing legal proceedings.

You should seek to make your claim at the earliest opportunity, as the law within the United Kingdom only allows an adult three years from the date of the accident or injury for a claim to be made, also the sooner you submit the claim the greater the chance of success.

Evidence is crucial in proving that someone else was responsible for your injury. If possible you should retain as much information as possible about the location or time that the injury was sustained. Take a sketch or photograph of the scene. Gather witness details. Ensure that you have a written medical diagnosis signed by a medical professional. It may also be useful to retain receipts and payslips if you are intending to claim for loss of earnings or other financial expenses that were incurred as a result of the injury.

The personal injury claims process can seem complicated and may deter people from making a claim to receive the compensation they rightly deserve. Qualified solicitors can simplify this process and make it less stressful for you. By claiming you could also prevent the accident or injury happening to anyone else.

If you have been injured in an accident on public transport, such as a Bus Accident then contact Bartletts Solicitors in Walton Vale, Liverpool. Bartletts are specialist accident claims liverpool solicitors.

categories: law,legal,compensation,loans,claims,lawyer,solicitor

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Fraudulent Personal Injury Claims: The Real Cost

On November 9, 2010, in Attorney, by Clare Westwood

Fraudulent Personal Injury Claims: The Real Cost.

Recently new statistics have revealed that the cost of fees from personal injury claims adds an additional 40 to every insurance policy taken out. The findings are likely to cause angry responses from the many motorists who struggle to manage the high cost of insuring themselves and their vehicle.

The finding mean that for every pound, ten pence paid into a car insurance policy will be going directly towards paying the hefty legal expenses required to cover claims for personal injury.

A new study carried out by the Association of British Insurers recently and this took into account the more than 50,000 personal injury claims that are related to road traffic accidents. The study discovered that the rising cost of legal fees is adding to the cost of already increasing car insurance premiums.

On average personal injury payouts amount to 2340 and the cost of the legal fees involved in cases climbs to 2000. The additional fees are then eventually passed to the motorist in the way of higher priced insurance premiums.

After the recent findings there were calls to change the way the claims system works and in particular to speed up the process in order to try to reduce the amount of legal fees that will mount up. The claim culture has come under fire once more as a result of the latest findings.

The Association of Personal Injury Lawyers have now announced that a complete overhaul of the way the claims system works is beginning and that the new system will be much quicker and simpler and aimed at greatly reducing the cost of legal fees.

It has not been announced as to when the new system will come into play but it is believed to be being constructed as a matter of urgency. News of the cost of claims like this is bound to anger people.

A fraud specialist can help with all types of fraud crimes. Burton Copeland a fraud solicitor can help and advise on your case.

Preventing Road Traffic Accidents: A Brief Guide.

On September 24, 2010, in Attorney, by Clare Westwood

A recent survey conducted by the AA of over 19,000 members has suggested that nearly one quarter of people did not know that it is illegal to use a mobile phone whilst supervising a learner driver. Almost one in ten people were also unaware that falling asleep was not allowed. The law states that when supervising a learner driver the person watching is in effect in control of the vehicle.

It has been reported that one supervising driver was even jailed after a learner was involved in a crash that resulted in the death of two people. Due to this the AA have expressed the need for learners to undergo lessons with instructors as well as having some time spent with experienced drivers. There is always the risk that learner drivers will pick up the bad habits of more experienced drivers without realising.

The study also shockingly reported that some supervising drivers were breaking the law by sending text messages, being under the influence of alcohol and falling asleep. Some were also guilty of failing to wear the glasses they usually wore for driving.

23% of people asked admitted that they were unaware that using a mobile phone whilst supervising a learner was illegal.

4% of people who responded to the survey admitted to breaking at least one of the laws. The figure rose to 22% for those aged between 21 and 24.

When you are in charge of a learner driver you are actually responsible for the vehicle you are travelling in. Many people appear to be unaware of the responsibilities that come with this.

The charity Brake have also recommended that the minimum age for people to be allowed to accompany learner drivers should be raised to 25 rather than 21 as it is currently.

It is vital to be confident and secure in your knowledge of the law and roads before you consider taking a learner out on a driving lesson.

The above pointers were aimed at reducing road traffic accidents. road traffic accidents solicitors Hattons can help with any claims.

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