THE LAW BLOG - INJURY COMPENSATION IN THE U.K. NEWS AND OPINION

Wednesday, 7 April 2010

The biggest compensation claims cases in the last ten years

A driver in Toronto received $17 million in an accident claim after running through a red light.
Yet this is small potatoes compared to The case of professional dancer Kerstin Parkin which made recent news, after her lawyers made a successful compensation claim of £19 million against a Kent NHS trust. Kerstin was left brain damaged and paralysed for life after a series of blunders as she gave birth to her first child.
. In the UK, we have a somewhat fairer way of dealing with compensation claim cases – which is why a lot of no win no fee lawyers refuse to take on cases where the claimant is seen to be at fault.
Nonetheless, there have been some impressive sums awarded in the last 10 years. Like Kerstin, many of these were due to hospital blunders. Others include:

• The £1.25 million lump sum payout awarded to an elderly man who was knocked off his motor bike by an uninsured driver. Awarded on a no win no fee basis, the Motor Insurers Bureau accepted liability on behalf of the 21 year-old female driver.

• The £3 million awarded to a South London pedestrian who suffered spinal injuries after being knocked down while crossing the road.

• The 5,700 members of the trade union Unison who claimed £28 million for work-related accidents in 2008 alone.

No win no fee compensation claims are a fact of life today – it should be noted that, in the above cases, the victims deserved every penny of what they got.

Important questions to ask a personal injury lawyer during your consultation

If you have suffered a personal injury through no perceived fault of your own, you need to seek an appointment with a solicitor who specialises in no win no fee compensation claims.

Finding a lawyer who will give you a consultation is one thing; finding one who will fight your case fairly, without leaving you out of pocket, is another. So be prepared to ask a lot of questions. These include:

Will this consultation be free of charge? Generally, the answer is yes – but beware of offices who say “free consultations” on the door. If you book an appointment, and then decide to go elsewhere, you may be billed for the lawyer’s time. Unlikely, but worth asking about.

Will you take my case on a no win, no fee basis? Practically every solicitor tackling personal injury claims will say yes, but beware! You need to be protected in case of losing the case, because if this happens you will have to pay the other side’s costs – and these can be very high. So your next question should be:

When you say no win no fee, with no fees to pay, what does this mean? Generally, in the event of a successful outcome, you get to keep 100% of your compensation claim – the solicitor recovers their costs from the other party. If you lose, they cover their own costs.

What if I’m partly to blame for the accident? In this case, a no win no fee lawyer might still take you on, but the compensation claim may be reduced.

Monday, 22 March 2010

Embarrassing accidents on YouTube – watch and take heed

http://www.youtube.com/watch?v=9iRsSV8DOHc
Sad but true – most people take great pleasure in other people’s misfortunes. And there are not many misfortunes greater than an embarrassing accident caught on tape. The popularity (and longevity) of shows such as America’s Funniest Home Videos (currently in its 20th season!) is testament to that.
But while we can have a good old giggle at a rogue football or a gasp in horror at someone’s unholy discovery of a slippery surface, there is also a serious side to these embarrassing viral videos.
In order to avoid an injury, having to apply for a compensation claim, potentially racking up quite the legal bill (and not to mention, endangering those around you), take heed from these viral videos and play it safe, use common sense and be aware of your surroundings.

Everything you need to know to claim compensation when you have a skiing accident

It’s not quite the end of the ski season, so the sad reality is there will still be a number of ski accidents cropping up on the ski fields with unnerving regularity. It’s important that if you have the unfortunate luck to be involved in such an accident, you know what steps to take immediately afterwards to ensure you have all the necessary information on hand in order to make a successful compensation claim.
What type of skiing accident might you be able to claim compensation for?
- If another skier or snowboarder injures you.
- If you have enrolled for skiing or snowboarding tuition, and do not receive adequate tuition OR the instructor takes you off-piste, resulting in an accident.
- If you are injured as a result of wearing faulty ski equipment which you have hired.
- If you are injured as a result of a ski lift not being properly maintained by the ski resort or lift owner.
Taking out an adequate travel insurance policy before you leave for your skiing holiday, should be a prerequisite. Ski and snowboard holidays often require extra cover than your standard insurance.
In order to gather the necessary information to make your compensation claim, you should remember to bear these in mind:
- In the event of an accident, report the accident to the piste authorities as soon as possible.
- Note down details of person or persons who may be responsible, including their insurance details (which anyone on a skiing holiday should have).
- Note down names and contact information for any witnesses to the accident.
- Take photos of the scene of the accident. If you can, make a sketch of the scene and jot down any potential hazards and where the involved parties were travelling from and to at the point of collision.
- Receive medical attention right away. Keep a record of any medical treatment you require.
- If faulty equipment is to blame, note down details of who provided the equipment and the process that was taken to fit the equipment for you. You should note what the problem was with the equipment that caused you to injure yourself, and take photos of the faulty equipment if possible.
- Try and make your compensation claim as soon as possible. Claims for accidents which occurred while on package holidays (where you purchased two of the following three components at the same time: accommodation, transport or any excursion or significant activity), must be made within three years. But any other claims outside the UK may have a much shorter time limit.
- Investigate whether your travel insurance covers legal expenses. If not, check your house or car insurance to see if they cover you for legal expenses insurance.
- If you don’t have legal expenses insurance, it might be worth pursuing a ‘no win no fee’ claim. Ask your solicitor if you think this option would apply to you.

Monday, 1 March 2010

Claim compensation for medical negligence

There are a growing number of compensation claims being made against members of the medical profession. With the best will in the world, there are going to be times when a doctor or other medical professional slips up. However, when we are treated we are, quite literally putting our lives in their hands – and such “slip ups” are becoming all too common.

Cases where medical compensation claims may be brought include wrongful procedure, inadequate care and attention, negligent or inadequate treatment, surgical errors, incorrect drug dosages, misdiagnosis, missed diagnosis and birth injuries. Sometimes it can be something non-life threatening, such as a missed whiplash injury. However, a depressing number of compensation claims are brought by a bereaved parent, partner or child. They are not looking for money, just answers – a claim is the only way they can get them.

Unfortunately, the medical profession is prone to closing ranks when one of their own is proved negligent. It has been known for concerned staff to be bullied into silence, to avoid professional misconduct being uncovered. For this reason, medical compensation claims are often offered on a no win no fee basis, in a similar way to whiplash injury resulting from car accidents. Medical cases can be notoriously drawn out, and if the victim’s solicitor loses the costs can be enormous. No win no fee claims ensure that, in the event of compensation not being awarded, the victim – or their family - won’t have expensive costs to pay.

Make a no win no fee claim for slip trip and whiplash injury

Many compensation claims are taken on a no win no fee basis. This means that in the event of the solicitor being unsuccessful, the client won’t have to pay them a fee, which lessens the risk of being out-of-pocket if a successful counter-claim is made.

However there are a large number of personal injury firms who, in the event of winning a claim, take a large fee from the sum offered. There have been cases of victims ending up with little or nothing because of this. For this reason, you should always use a personal injuries solicitor who works on a no win no fee, 100% compensation basis. Then, there are no hidden surprises, because costs are recovered from the other side.

Naturally, solicitors need to be sure they have a good chance of success, so no win no fee compensation claims tend to be clear-cut cases where the victim was not at fault, such as a whiplash injury following a rear-end car collision, or a broken knee from a trip over an uneven paving slab. Nonetheless, it can still be notoriously difficult to prove who was at fault, so the solicitor will need all the facts. It’s important you tell them if you feel you were to blame in any way – they may still be able to make a claim, although the sum awarded may be reduced.

People who suffer a whiplash injury or nasty fall, due to someone else’s negligence, should make their compensation claims as soon as possible – and always under a 100%, no win no fee basis.

What is a no win no fee whiplash claim?

Whiplash injury is damage caused to the neck and lower back ligaments following a sudden jerking movement of the head. Although it isn’t fatal, it is extremely painful and debilitating. Symptoms include pain in the chest and neck area, reduced movement, severe headaches and mental trauma.

One of the most common causes of whiplash injury is low velocity impact rear-end vehicle collisions. They happen at slow speed, typically in built-up areas with slow-moving traffic.

Injury can occur at speeds as low as 3 MPH. A whiplash injury often takes time to make its full effects known, but symptoms can persist for months, and are sometimes permanent. Victims can suffer loss of earnings and may even lose their job.

If you think your injury was not your fault, you should always make a claim. However, you have to prove the other driver was totally at fault, which isn’t always easy to do. It’s important to realise solicitors don’t take on all compensation claims for whiplash, and that it helps if you have independent witnesses. The claims that are taken on are generally handled on a no win no fee basis.

No win no fee compensation claims mean that, in the event of the solicitor being unsuccessful, you won’t have to pay them a penny. Most legitimate solicitors offer no win no fee with 100% compensation. This means you get to keep all your compensation, as the solicitor will recover his costs from the other side. Many so-called personal injury firms take their fees from the compensation award, leaving the victim with little or nothing.

Do’s and don’ts when making a no win no fee claim

Do’s

• Do only make a ‘no win no fee’ claim when you have accident injuries that have caused you pain and suffering and/or financial loss.
• Do ensure you are within the timeframe for making a ‘no win no fee’ claim – most of the time it can only be made within three years of the date of your injury.
• Do make sure your selected claims service doesn’t involve any hidden fees – any legal costs should be covered by the third party should your compensation claim be successful.
• Do ask your selected claims service questions such as whether the company will charge you any fees, whether they will make you sign into a credit agreement and whether they will insist you sign up for a loan – the answer to all of these should be ‘no’.
• Do make sure that if your solicitor takes on your case, and believes you have less than a 51% chance of success, that there are no hidden costs.
• Do ensure that you will receive 100% of the damages – the legal fees for your solicitor should not come out of this.
• Do keep evidence of any medical treatments, referrals or appointments you have had in relation to your injury – it is your responsibility to keep a record of these as proof of your accident.

Don’ts

• Don’t sign anything until your solicitor has made it clear (and in writing) that there will be the ‘no win, no fee’ arrangement available and with no hidden costs.
• Don’t pursue a claim if you feel like your questions have not been answered satisfactorily or if you feel uncomfortable with any aspect of the advice you have been given. Be aware that once proceedings have begun, pulling out could result in you being billed for legal fees incurred on your behalf.
• Don’t miss any medical examinations that have been set up with independent doctors. These missed appointments will show up in your medical records (which the court and insurance companies have access to), and could hurt your legal case.

The ins and outs of claiming compensation when your flight is delayed

There is nothing worse than gearing up for your overseas holiday or business trip, only to reach the airport and find out your flight has been delayed. Not only does it eat up quality beach-lazing/sightseeing/meeting-going time, but can also make you miss connecting flights and face the not-so-exciting prospect of being laid up in a nearby airport hotel overnight until the airline is ready to transport you.
So, what are your rights when your flight has been delayed? And how can you Claim compensation?
According to the Denied Boarding Regulation:
- if your flight departs from an EU destination or from a non-EU airport but is flying into an EU airport on an EU airline;
- you have a confirmed flight reservation, and;
- you checked in on time;
then you have legal protection and may qualify for compensation.

What level of compensation you receive will depend on how far you are travelling and for how long your flight is delayed. The airline is obligated to provide you with free refreshments, two phone calls (or faxes or emails) and, should you need to stay overnight, free accommodation (and transfers between the airport and this accommodation):
- If you are travelling less than 932 miles (from London to Paris, for example) and have been delayed for over two hours.
- If you are travelling between EU destinations that are greater than 932 miles apart (such as from London to Madrid) and have been delayed for three hours.
- If you are travelling to any other destination and have been delayed by more than four hours.

If your delay exceeds five hours, you will be able to Claim the benefits above plus full reimbursement of the ticket cost, and a return flight to the first point of departure, provided you choose not to travel on the delayed flight.

How much you can claim again depends on the distance you were travelling and for how long you have been delayed.
- For distances up to 1,500km that have been delayed by more than 3 hours, you can claim compensation of €250.
- For distances between 1,500km and 3,500km that have been delayed by more than 3 hours, you can claim compensation of €400.
- For distances over 3,500km that have been delayed between 3 and 4 hours, you can claim compensation of €300.
- For distances over 3,500km that have been delayed for more than 4 hours, you can claim compensation of €600.

To claim compensation, you must contact the airline directly. However, be aware that if a delay is due to ‘extraordinary circumstances’ (such as extreme weather conditions, worker strikes or an increased security risk) then the airline will be exempt from paying out compensation.

Wednesday, 3 February 2010

No win no fee vs contingency fee

Whenever you make a claim for compensation here in the UK you need to be clear about whether you are making a genuine no win no fee claim, or whether you are agreeing to a contingency fee.

It is important, because the difference will become very apparent when you come to receive your compensation cheque at the end of the claim.

A no win no fee compensation claim means that you don’t pay a penny to your solicitor if you don’t win the case. It also means that your personal injury lawyer claims their fees back from the person who is responsible for the accident that caused your injuries in the first place. Usually of course this means claiming the money back from their insurance company, rather than the guilty party direct.

A contingency fee is different however. As with a no win no fee case, you don’t pay anything up front. Where contingency is different from a no win no fee is that under a contingency agreement, your personal injury lawyer will take a percentage of the compensation claim that you earn. This means that you will not get 100% of the compensation money that is paid out.

Contingency compensation agreements aren’t as common in the UK as they are in the USA, but you still need to be careful that when you make a claim for compensation you are using a no win no fee lawyer and that you will receive 100% of the compensation payout.

How to claim compensation when you have an accident abroad

When you have an accident here in the UK and it wasn’t your fault, claiming compensation through a no win no fee personal injury solicitor is fairly straightforward. However, when you have an accident abroad the rules are more complicated in claiming compensation for your injuries.

First of all, a no win no fee personal injury lawyer in the UK would have to make the claim for compensation on your behalf against the company from which you booked the holiday in the first place. This can only be done if the travel agent used was from the UK, and if the accident that you suffered was as a result of their negligence and they were to blame.

Hotel staff or holiday reps would also be considered as part of the travel agency, so should your accident be as a result of hotel staff not drying the floor of the hotel lobby, and you slipped and fell, then you might be able to claim compensation against the travel agent.

Illness is also classed as personal injury, so if you contracted food poisoning and sickness through eating food provided by the travel agent’s hotel, you would be to make a no win no fee claim for compensation against the travel agent.

The travel agent would not be responsible however for the state of pavements or roads outside their hotel, so if you were to fall on the street in the local town, you could not claim compensation for your injuries.

Most common winter compensation claims

The winter often brings with it icy roads, wet and icy pavements and treacherous conditions underfoot. This understandably leads to more accidents on the roads and more falls than are experienced in the summer months, accidents that the victims of are still able to claim compensation for.

One of the most common forms of compensation claim is the no win no fee claim for injuries sustained in a fall. During summer months falls such as this are often down to badly maintained pavements, damaged roads and store owners failing to clear up spillages. In winter however these falls are even more common and are usually down to icy conditions caused by the weather and a lack of care from the local council.

The roads are equally hazardous during the winter months, as cars and even larger vehicles find it difficult to manoeuvre. A failure to grit the roads sufficiently often results in cars being unable to stop, losing control and crashing into other cars. These accidents often cause damage to vehicles and result in injury to the drivers, ranging from whiplash to serious injuries.

Compensation can be sought for injuries and vehicle damage sustained in accidents such as these by employing the services of a no win no fee personal injury lawyer. Whether your claim is against the council for inadequately gritting the roads, of against the driver of the other vehicle for not showing care and attention in treacherous conditions, a no win no fee solicitor will be able to guide you through the process.

Monday, 4 January 2010

Accident at work

Most people realise that they can claim compensation for an accident on the road, such as a car crash, or for when they trip or fall in a public place. However, not everyone realises that you can actually claim for compensation if you have suffered an accident at work, in the workplace.

Accidents at work are common in the UK, and they can range from small slips and trips on wet surfaces, usually as a result of recent cleaning and inadequate warning, to more severe accidents such as those encountered at industrial sites. It’s important to note that you probably can’t claim compensation for an accident where you yourself have been negligent or irresponsible, but if you have suffered an accident at work as a result of improper training, lack of safety equipment or inadequate equipment for the job that you are doing, then you are able to claim for compensation against your employer.

You shouldn’t feel guilty about claiming compensation against your employer, as by doing so you are helping to ensure that no other work colleagues suffer the same accident at work that you have suffered.

A no win no fee personal injury lawyer will be able to guide you through the claims process, and advise you on what you can actually claim for. Claims for compensation can include monies for injuries sustained, compensation for medical bills and remuneration for the time you have missed from work.

Making a no win no fee claim for compensation will win you the compensation that you deserve.

Find more information on compensation claim

How to pick a no win no fee lawyer?

The advent of no win no fee has meant that many more people are able to claim the compensation that they deserve for accidents they sustained. People who have suffered car accidents, motorcycle accidents or even accidents as passengers on trains or busses are no able to claim compensation for their injuries through a no win no fee personal injury lawyer.

Yet how do you choose which no win no fee solicitor to handle your case? There are countless websites and TV commercials for no win no fee services, each one promising to handle your case and give you 100% of the compensation for your claim. The fact is though that many of these are not personal injury lawyers at all; they are merely middle men who sell on your claim to a personal injury lawyer firm for a finder’s fee, or commission.

When looking for a no win no fee lawyer, you don’t want to speak to someone who will simply take your details and then sell the lead on; you want to speak to an experienced claims handler who will put you in touch with their own, in-house, trained no win no fee solicitors.

When you make contact with a no win no fee company, ask about their credentials. Ask if they have trained solicitors in their offices and, where possible, ask to speak to them.

If you use a third party website you never know who will end up handling your no win no fee claim.

If you need a no win no fee lawyer, visit Injurylawyers4u

Benefits for appointing a no win no fee claim solicitor

Nobody likes hurting themselves and having to go to hospital. It’s even worse when it’s not your fault, or you have suffered an accident that was easily preventable. The injuries sustained from falls, trips or car accidents can be very painful. Sometimes you could even sustain permanent injury and be off work for several months, or indefinitely, which can also cost you financially as well physically and mentally.

Luckily, you are able to claim compensation for injuries such as these, so long as someone has acted negligently or irresponsibly. If you have slipped over at work, in the high street or have been the victim of a car accident, you can claim compensation for your injuries using a no win no fee solicitor.

No win no fee allows people to make claims for compensation without having to spend their own money up front to take legal action. Before no win no fee was introduced, many people injured in accidents that were not their fault couldn’t afford to claim compensation because of the expensive legal system. With no win no fee, personal injury specialists can take on your case for you and ensure that you receive the compensation that you deserve, without you having to pay any money.

No win no fee solicitors are paid by the third party’s insurance company, which also means that it’s in their best interests to win your case, as if your personal injury lawyer doesn’t win, they don’t get paid either!