Thursday, 8 July 2010

Claiming council tax benefit

Council tax benefit is paid to people on a low income to assist them in paying their council tax. The benefit is paid by the local council and the council tax bill is accordingly reduced.

In order to qualify to claim council tax relief you must reside in the UK. People from abroad or those who have recently arrived in the UK to set up residence may encounter difficulty in claiming the benefit due to their immigration status.

Eligibility for council tax relief depends on the amount of your income and capital. If you live with your partner only one of you is entitled to claim the benefit and your capital and income will be assessed jointly. Lesbian and gay partners are treated the same as heterosexual partners and the joint assessment applies if your relationship is based on cohabitation, marriage or civil partnership.

If you receive Income Support, Income-based Jobseeker’s Allowance, income related employment and support allowance or the guarantee credit element of pension credit, then you will receive 100 per cent benefit, covering your entire council tax bill.

However, if other people reside in your household a deduction may be made from your council tax benefit known as a “non-dependant” deduction which is determined by the status of the other non-dependant adult. An adult child living with you may lead to a reduction in the benefit, whereas some other non-dependants will not lead to such a deduction, because of their personal status such as receiving pension credit themselves.

A deduction will not be made if the other adult in your household is your landlord, partner, co-owner or lodger as such persons are not considered “non-dependant”.

Personal injury solicitors can assist in your compensation claim for council tax benefit on a no win no fee basis.
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Claiming your pension credit

Nearly half of pensioners in the United Kingdom are entitled to pension credit yet, despite being eligible, approximately a third are not claiming it.

If you are one of those pensioners you could be entitled to hundreds or thousands of pounds a year.
Pension credit is comprised of two parts and is a form of government compensation to ensure a certain level of subsistence. Your eligibility may be for one or both parts.

Guarantee credit aims to ensure that everyone over the minimum state pension age, currently 60 but rising to 65 between 2010 and 2020, has a minimum guaranteed income level. The level of income is determined by comparing your actual income with the amount the Government says you need to exist. The level is called the standard minimum guarantee.

Savings credit is paid to persons aged 65 and upwards who have some retirement savings on top of their basic state pension.

You may be entitled to more pension credit if you receive a carer’s allowance or, if a homeowner, you pay service charges and mortgage payments.
Pension credit is means-tested so your income and savings are taken into account when working out your entitlement. Not all income is taken into account and disability and extreme disability allowances are ignored as are war widows’ supplementary pensions.

The payment of pension credit triggers entitlement to other payments such as funeral costs, crisis loans, free school meals and cold weather payments

The maximum period which your pension credit claim can be backdated is three months. Payment is made directly into your bank account which is swift, secure and convenient.
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You could be missing out on valuable government compensation in the form of pension credit.
Personal injury lawyers can assist in your claim for pension credit on a no win no fee basis.
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Disability at work claim?

The Disability Discrimination Act 1995 (as amended) (“DDA”) protects individuals from discrimination by their employers on the grounds of disability.

“Disability” is a physical or mental impairment having a major and long term adverse effect on the ability to carry out normal activities. The disability must have lasted, or be likely to last, for at least 12 months to be considered “long term”.

Employees, who feel that they are being subjected to such discrimination by their employer or a co-worker, may bring a claim in the Employment Tribunal.

Under the DDA there is no qualifying period of employment so an employee could bring a claim on day one. The DDA applies to employees, the self-employed, agency workers and job applicants.

The DDA applies to both public and private sector employers and a claim must be brought within three months from the date of the incident.

The DDA forbids direct discrimination where a person is treated less favourably than another person for a reason directly attributed to their disability, such as where an employer automatically excludes a job applicant who has put bi polar on the application form. Claims can also be brought for indirect discrimination for reasons connected with a disability and for the employer’s failure to make reasonable adaptations to premises.

Compensation can be awarded for injury to feelings and financial losses if appropriate. Compensation is uncapped and can encompass loss of past and future earnings; loss of pension, interest and other expenditure connected with the discrimination. Aggravated damages can be awarded for injury to feelings where the employer has acted in a particularly despicable manner. If you become ill and depressed, usually found in harassment cases, you can also claim compensation.

Personal injury lawyers can assist with your compensation claim on a no win no fee basis.
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Friday, 7 May 2010

Scams; Claims and Compensation


Claim compensation is a funny old game. It is something that can bring out both the best and worst in people.
It may be that you caused an accident yourself and accepted liability, or perhaps you were involved in one that wasn't your fault - for example, if you were driving a car that was rear ended. It is reasonable to assume that you may well have sustained an injury and need to submit a whiplash claim. If so, it's only fair that you are compensated accordingly.

However, there is always the temptation to embellish your story in an attempt to get more money. Maybe you exaggerated your injuries after tripping over a paving stone and took unnecessary time off work, or claimed that you were driving to a FabergĂ© egg owner's conference with your entire collection in the boot of your car when the accident occurred. Unfortunately, this type of person costs the industry an estimated £1.5 billion per year and the average motorist 5% on their yearly insurance bill.

The increase in popularity of no win no fee injury lawyers may have been blamed for the escalating numbers of fraudulent claims, but the truth is that a dishonest person is likely to try and scam any insurance company.

As a result, insurance companies have drawn a line in the sand and are becoming ever more sophisticated in combating fraud. If you've had an accident and you're tempted to enhance your story, be aware that it's not a victimless crime and as such can carry a jail term, so you should use reputable injury lawyers to represent your case.
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How To Calculate Your Whiplash Claim


If you are unfortunate enough to be in a car accident, especially one where you are hit from behind, there is little doubt that at least one of your friends or family may wink, tap the side of their nose and mutter 'making a whiplash claim'.

In fact, whiplash is an umbrella term for many injuries sustained to the neck. It can result in back and shoulder pain, headaches and 'pins and needles' sensations in the arms. It can be caused in many ways, including falls, playing sports or even roller coaster rides. Nevertheless, it is treated with suspicion by some as it is one of the most common injuries covered by motor insurers and no win no fee injury lawyers.

When determining the amount of claim compensation, many factors are considered. As well as the physical pain experienced, emotional distress and loss of joie de vivre, any resulting psychological disorders can influence the amount awarded. Furthermore, specific compensation may be granted if you see a loss of earnings as a result of the accident. These 'special damages' can also be awarded to compensate for costs incurred from car repair, hiring a replacement vehicle or any medical treatment you may receive. If you are thinking of claiming for such damages, it is vital that you keep your receipts for these expenses.

With so many things to be taken into account, it is easy to see how the amount of any settlement can vary greatly, which highlights the need to seek advice from reputable injury lawyers.
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Wednesday, 7 April 2010

Pursue a career as a personal injury lawyer


Compensation claims for personal injury are one of the fastest growing areas of legal practice today. We live in a crowded, rushed world where budgets are tight and corners are cut. This means thousands of motoring, work-related and public accidents happen each year through other people’s negligence. If someone is injured through no fault of their own, a compensation claim on a no win no fee basis is often the only course open.


A lot of misinformation has been printed about “no win no fee” personal injury lawyers, but the idea of a solicitor hiding in the bushes, waiting for someone to trip over a loose paving slab so he can dash out with the paperwork to make a compensation claim is a media myth.


Personal injury lawyers are caring and knowledgeable, with an intricate eye to detail. They know the devastating effects a personal injury can have on someone’s life, because they’ve studied the medical, psychological and social aspects of it in detail. They’re also smart, and very good at fighting their clients’ cases in court – the fact they offer compensation claims on a no win no fee basis, where the injured party doesn’t have to pay a penny in fees if the claim is unsuccessful, is proof of this.


Unfortunately, the number of uninsured motorists, illegal work practices and slashed council budgets continues to rise – as do the compensation claims from the injuries that result. If you decide on a career as a no win no fee personal injury lawyer, you’ll never be short of work.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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