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

Friday, 8 October 2010

How Much Will You Get For Your Motorbike Accident Claim?

It’s true to say that those who have been injured in a motorbike accident will be armed with questions - a common reaction, once the initial shock has worn off is how much compensation am I entitled to? If you have been in an accident and suffered from a motorcycle injury, there are certain procedures you must follow in order to receive the full amount of compensation you are entitled to.

You are more likely to suffer severe injuries in a motorbike accident due to the size of the vehicle and the fact that there is less protection offered when riding on the road with larger vehicles. Traumas, head injuries and broken bones are common afflictions when suffering a motorcycle injury. These types of traumatic injuries also often lead to needing some psychological help or physical therapy for many months or years following, all of which can be very costly and leave you out of pocket.

The approximate amounts you can make a motorbike accident claim for in the U.K for 2010 have been recorded as follows:

Head Injuries

The amount you receive is most likely to depend on whether there is any long-term, lasting damage to the brain. Minor injury to the head with pain that lasts from several weeks to a few years normally is paid out at £ 1,400 to £9,000. More severe cases will see far higher payouts - the most severe head injury can be upwards of £258,000.

Back Injuries

Another injury that is often common with a motorbike accident claim is a back injury. You will need to consult with doctors to find out if there is any damage to your vertebrae and the what consequences this damage will have on your life. The amount you receive will also be determined by the initial pain and the long-term effects of the injury.

You can receive up to £5,000 for minor injury lasting up to 2 years, and £5,000 to £8,000 for minor pain that lasts up to 5 years. For severe back injuries resulting in permanent damage or prolonged damage including fractured vertebrae, you can be awarded up to £110,000. If there is paralysis, you will could see a figure of £258,000.

Forearm Injuries

Another common occurrence with a motorcycle injury is with the damage to the bones in the forearm. The amount of compensation you will receive mainly depends on whether you have required surgery and whether there is any permanent damage.

Simple fractures that heal in a relatively short time span usually receive around £4,000. A simple fracture that results in ongoing disability or small deformity usually gets £4,000 to £12,500. A complicated fracture requiring significant ongoing disability can result in a payment of £12,500 - £25,000, while permanent damage or amputation ca receive anything around the £84,000 mark.

Leg Injuries

Much like the guidelines for the other injuries, depending on the severity of your pain and the complications involved, you can receive anywhere £5,800 for a minor injury and up to £180,000 for a more severe injury including several broken bones or even amputation.

History of No Win No Fee Claims

No win no fee is a term heard a lot in the media, on the news and on the web when it comes to discussing personal injury claims. However, how did this modern day phenomena, which has come under much scrutiny in recent times, find its place in the legal system?

Prior to the turn of the decade people who were injured in accidents had only limited help when it came to trying to claim compensation for their losses and injuries that had occurred that were not their fault.

The no win no fee term was first heard around 1998, when the government decided that they would overhaul the current system of legal aid, to give people more freedom of choice, as well as faster access to gaining the justice they deserved. This also meant that they would not need to fork out hundreds, if not thousands of pounds for a solicitor to help them with their case.

Conditional fee agreements, (the legal term for no win no fee) started to really become a big deal from 2000 onwards. It opened up the ability to claim for an accident that wasn’t the victim’s fault, even if before they may not have been able to afford to do so. This basically made the legal system for personal injuries completely classless, meaning ordinary, hard-working families could not be compensated if injured at work, or in a car accident for example.

During the last decade a large number of ‘claims firms’ appeared who were capitalising on the ever-growing industry, where they were finding people who were injured and ‘selling’ their cases to lawyers for massively inflated fees.

The claims management industry has come under much pressure as of late for taking advantage of people in a terrible situation for financial gain, and reviews such as the recent Jackson report is looking into whether this practice should continue.

There is no doubt however that no win no fee claims are a great things for those genuinely injured in accidents that weren’t their fault – particularly they are unable to work and earn money as a result and therefore not pay their mortgage or even put food on the table for their family in the most extreme of cases. The money they receive here will ensure that they never go short.

Proper firms of lawyers who genuinely care about getting their clients the justice they are entitled to should therefore be allowed to thrive for years to come.

Five Reasons No Win No Fee Claims Should Stay

No win no fee claims have been criticised recently as many argue that those who offer them are doing so for their own personal gain, rather than to help the genuine victim of injuries. To an extent this is true of a number of ambulance chasing firms, whose sole purpose is to make money from others misfortunes.

There are however a number of no win no fee solicitors that are dedicated to ensuring that real victims are helped, getting them the compensation they need to help make their lives more comfortable.

The following list suggests five reasons why no win no fee claims should be allowed to stay.

1) No upfront solicitor costs. The introduction of no win no fee agreements meant people injured in accidents were no longer required to pay upfront for the services of a solicitor. This in turn opened up the doors to normal, everyday working people who had been injured unfairly who may not have been able to afford the access to justice they should have been entitled to previously.

2) High chance of winning. In a time where solicitors get paid based on a successful outcome, the majority will only take on a case if they know they have a good chance of winning. This means that you can feel relatively confident if your claim is accepted by a reputable solicitor firm that a compensation payout is coming your way.

3) Maximum payout. People who make no win no fee claims and are successful will be entitled to the full amount they are granted by the court or insurance company of the person at fault. Their solicitors fees are paid separately by the losing party, meaning more cash in the long run.

4) Knowledgeable solicitors. Genuine lawyers are dedicated to getting the full amount of compensation you deserve. They will always advise you not to accept backhanded payments from insurance companies, and to actually make the effort to see your claim through to the end. Getting these services for free is great, particularly for those unfairly injured.

5) Quicker results. Part of the reason no win no fee claims were introduced was to speed up the process a victim received their compensation payout. Legal aid took far longer to process, now your claim can be submitted with a quick phone call and medical examination.

Monday, 20 September 2010

Why Lawyers Are Better Than Claims Firms

Many would have you think that claims firms are better for you if you are involved in a legal situation; for example, perhaps you need help to come to a resolution and receive monetary damages in the event of injury or other unfortunate incident. That is, if you've had personal injury or some other incident which requires legal action, there are those who say you should go with claims firms to try to bring things to closure.

However, lawyers are almost always the better choice in these types of situations, because they'll fight for you to get the best outcome for you. Most of these types of lawyers are no win no fee solicitors which means you don't need to pay anything unless you win your case.

This is especially true for claims firms, because they are only there to settle situations. They don't have injured parties' best interests at heart necessarily, and are only there to provide arbitration. In addition, in some cases, clients can be left even worse off than they were before they worked with claims firms, because claims firms may wrongly advise clients to do things that are not in their best interests while they attempt to get the situation in question resolved.

In addition, clients usually owe upfront fees to claims firms in an attempt to get their situations settled. Although these claims firms may indeed be able to win money for clients in certain situations, that's not always the case. In addition, because claims firms are paid for their services, their fees are not contingent on how much settlement a particular client gets. Therefore, they may work for and get much lower settlement amounts even for clients they truly help than would a personal injury lawyer.

It really is in most people's best interests, assuming they have solid cases that could win in a court of law, to opt for no win no fee solicitors in favour of claims firms. Because solicitors don't get paid unless clients do, clients aren't out any pocket if they the court doesn’t decide in their favour, and they're likely to win a much greater settlement or monetary amount for the pain and suffering involved if they do win. In addition, solicitors are going to work much harder for clients if their fees are directly dependent on how much clients win, too.

Therefore, it may very well be that in some cases, claims firms may be your only choice - especially if you've got a case you don't think a no win no fee solicitor would take. Far and away the best choice for most people is to choose a personal injury lawyer based upon no win no fee contingency. With this, you know that your lawyer will always work with your best interests in mind.

When Would I Be Entitled Work Compensation?

Employers have a duty to protect you from harm whilst you are on their premises or carrying out the duties of your work for their business or company. With this in mind there a number of laws that ensure that every day workers are cared for in the event that they are injured; most importantly in the Health and Safety at Work Act 1974.

The most documented law in the Health and Safety at Work Act 1974 is 2.1, which states that “It shall be the duty of every employer to ensure, so far as reasonably practicable, the health, safety and welfare at work of all his employees.

Of course, this means that things that an employee has done which ignores any relevant health and safety training, such as running on a wet floor when there are clear danger signs in place, which result in an injury to their leg or back, cannot be the fault of the employer.

However, there are many instances where an employer has forgotten, or not even bothered to ensure that their employees are safe from the dangers of injury in the workplace. If full training has not been given prior to the commencement of their job, it is highly likely that your employer is liable in the eyes of the law to any injury that you suffer as a result of your work duties.

A qualified personal injury lawyer can ensure that you are well looked after if you have been injured through no fault of your own at work. The last thing you want to be worrying about is how you are going to pay for food to put on the table to feed you and your family. Taking a legal claim against your employer is something that many people in your situation have done to ensure that can survive through difficult periods without work.

Getting work compensation nowadays is relatively straightforward with a number of great solicitors out there that specialise in personal injury cases. However, you should make sure that the company you provide are proper lawyers that have your best interest at heart. They should never try to charge you anything for their services, as a no win no fee agreement says that their fees will be paid by the losing side when the case has been won.

The amount of compensation you receive will depend on the severity of your injuries. However, with the right assistance, it is likely that you will be back on your feet within no time.

Making a Whiplash Injury Claim

A whiplash injury is used to describe a situation where someone's spinal cord has been injured. When a car accident occurs, and the person's car is hit from the back, the car accelerates in a forward motion. This hit to the back of the car results in the person's head, neck, and shoulders being quickly pushed forward, and then quickly snapped back. This is done in a motion similar to using a whip.

What is a Whiplash Injury?

The results of these quick jerking movements can leave the muscles and ligaments pulled or even torn. There can also be injury to the nerves and the vertebrae of the neck. This is usually what physicians will report when submitting evidence for injury claims.

Finding the Right Lawyer

When looking at making a personal injury claim, the right lawyer should be able to show that you were not at fault, and should be compensated for your medical bills. In terms of injury claims, a trial judge will look at who is liable for the accident, who has been injured, and how much should the accident victim should be compensated.

The law in regards to car accidents can be quite complex and the best thing would be for you to concentrate on healing from your whiplash injury. Instead of developing more ill health after the car accident, it is a good idea to use a car accident compensation lawyer.

The problem with trying to defend injury compensation claims for yourself instead of letting a skilled professional do so has to do with the motive of the insurance companies. Many will try to find any reason to not pay, or pay less than you require. This saves them money in the long-run. Even people who have confirmed illnesses can become confused or hassled when trying to get car accident compensation.

These companies will even try to use large amounts of legal jargon to have the case decided in the company's favour. The hassle of this can all be avoided by getting the right lawyer to represent you, especially in a case of a whiplash injury.

There are various laws concerning whiplash injury and car accident compensation if the fault is with the other driver. Using your rights, you are entitled to claim for personal injury if the other person was found at fault for causing damage.

How To Avoid Falling Into The No Win No Fee Trap

Most people know what no win no fee claims are. They can be very advantageous to those who have experienced personal injury or other trauma and who would otherwise not be able to receive just compensation for the difficulties they've gone through.

In years past, before no win no fee claims became available, those who had legitimate reason to pursue legal action often couldn't because they couldn't afford to do so. That meant that those who harmed others could simply get away with doing so, because the injured parties couldn't afford to take action against them.

That difficulty was addressed with the advent of no win no fee claims. They can be very positive for people who need to file these types of claims, because with them, the injured party can file the claim at no risk or upfront cost to him or herself. That is, the solicitor does not need to be paid for his or her services on behalf of the injured party unless the case is won.

However, these types of accident compensation claims are not without their problems. For one, it has caused so-called & frivolous claims to be filed by people who really have no business doing so. Because there is at least a perceived notion that one can win significant monies when simply filing one of these claims, people who have not experienced significant trauma are still filing these claims, simply because they can. Because there's no risk to the person filing the claim, no win no fee claims can be very attractive to unscrupulous people who simply want money, but have no just cause for filing accident compensation claims.

A second reason no win no fee claims are problematic is that they also put a burden on the person who is the subject of a false accident compensation claim. For example, someone who simply has a slip or trip without injury may feign injury nonetheless, and file a claim in hope of getting some easy money. Unfortunately, the person who is the subject of this type of claim must then defend him or herself against the unscrupulous so-called victim. This compensation culture causes significant hardship for many people, especially those targeted by this type of scam and the legal system itself.

A third reason no win no fee claims can be problematic is that as they are currently managed, no-win no fee claims advertising is put forth by claims management companies, who then are paid to pass them on to solicitors. This has proved very profitable both for the solicitors and for the claims management companies. Therefore, because this is an industry that's worth nearly £400 million, the so-called compensation culture has become very lucrative indeed, unfortunately, for the wrong reasons, and for the wrong people.

To avoid contributing to the no win no fee claims trap yourself, make sure you think carefully before you decide to pursue legal action. Unless you have a legitimate reason to pursue action, don't. In other words, don't simply do it as a means to try to make some quick and easy money.

That said, if you do have a legitimate reason to pursue accident compensation claims, by all means do so. You are absolutely entitled to do so, and should see to it that you receive just compensation. Pursuing legitimate no win no fee claims, while dispensing with those that are frivolous, is exactly the way things should work.

Wednesday, 18 August 2010

How To Make A Car Accident Compensation Claim

Being involved in a car accident is a horrific experience, though unfortunately it is one that many of us will go through during the course of our lives. It’s fair to say however that the first thing we think about after such an event isn’t likely to involve how to go about claiming car accident compensation for it.

Contacting a personal injury solicitor for legal assistance can be daunting at any stage, and the thought of it never gets any easier. Luckily, the majority of solicitors firms are very friendly, down-to-earth and are waiting to help you at any time of the day or night.

Car accidents can be a huge burden financially, what with sorting out the damage to your car, medical costs and sudden expense in having to seek alternative forms of transport. When the loss to you has been great, it is usually a good time to consider seeking car accident compensation.

The following four steps include what to do immediately after your car accident:

- Check that everyone in the vehicle is ok and see if you can determine what injuries, if any, you/your passengers have.
- Call the relevant emergency services, i.e. the police and ambulance.
- Take the details of any other driver/vehicle involved, including their names, addresses and insurance policy information.
- Take a note of where the accident happened, and of how you saw it happen. Taking pictures may be beneficial here.

Once you have done this, the next step would be to get in contact with expert personal injury lawyers, who will be best qualified to take you through the process of making a claim for car accident compensation.

Being in a car accident can damage confidence and may lead to longer-term psychological or physical problems. It can also cause death or disability which is bound to have an effect on the lives of many people. Although car accident compensation cannot make up for such injuries, it can certainly help to put you back on the path to leading a higher quality of life in the future.

Monday, 16 August 2010

No Win No Fee Claims – The Accidents You Can Claim For

If you have been injured in an accident, it’s likely that you will be able to make an injury compensation claim. This is to help you recover any money you may lose by taking time off work, as well as for the inconvenience of your painful injuries.

However, with many phony claims management companies out there, it is important that you use an experienced personal injury solicitor to make sure you have an expert representing you.

Many of the firms who say they can get you ‘no win no fee’ compensation actually have hidden fees and charges which you don’t find out about until your case has been completed. The following list looks at some of claims where a proper solicitors firm will carry out the work for you on a no win no fee basis.

1) Car Accident Claims. Having a car accident is never pleasant and they can result in terrible injuries to the driver or passenger. Fortunately, you won’t be charged before or at the end of your claim, if you wish to make one if the accident was not your fault.

2) Motorbike Accident Claims. As above, having an accident on a motorbike can be even more horrific than car accidents. 20% of serious road accidents involve motorbikes, which is astonishingly high considering only 1% of traffic consists of this two-wheeled variety.

3) Work Accidents. Your employer has to protect you from suffering an injury on their premises. If they have not done this you will be entitled to make a no win no fee compensation claim against them, which will help make up for your lost salary if you need to take time off.

4) Slips and Trips. If you trip on a damaged pavement, or slip on a wet shop floor, you can almost always claim compensation against whoever was responsible for your accident, whether that be a council, shop owner or someone else. Slip or trip claims can be made on a no win no fee basis with the correct legal guidance.

Friday, 13 August 2010

Claims Advice - What Does No Win No Fee Actually Mean?

It’s fair to say that the term ‘no win no fee’ is a confusing one for many. As the compensation claim industry becomes increasingly vast, with many companies offering to help you recover money for your injuries, it’s often difficult to know where to turn next if you’re looking for professional legal assistance.

A number of firms offer their clients a no win no fee service. Unfortunately, not all of these are really honest about the processes involved, meaning some get hit by hidden charges after being awarded the compensation that they need to help make a difference to their lives.

No win no fee is known in the legal industry as a ‘conditional fee agreement’. These were introduced in the late 90’s, and used more commonly from the early 2000’s, after the government decided to scrap the legal aid system for personal injury victims.

Although no win no fee lawyers have come under criticism by many, there are a number of genuine firms who are dedicated to helping people through the process of making a compensation claim when they have been injured unfairly.

These firms will also be the ones who let you use their services completely free of charge, meaning you pay absolutely nothing up front, or lose anything from your final compensation settlement.

They are able to do this by charging the losing side their legal costs, which is only fair considering they will be the ones that caused your accident and subsequent injuries in the first place.

Even if the event that your claim is not successful, your solicitor will not charge you any costs as they will be covered by an insurance policy known as After the Event (ATE) insurance, that they take are required to take out prior to the commencement of any legal proceeding.

In short, if the case is covered by no win no fee and it ends up in a loss, your solicitor is not entitled to claim a legal fee against either party.

Thursday, 5 August 2010

Five Good Things About No Win No Fee Claims

Introduced in the late 1990’s as a replacement for government legal aid, no win no fee claims, otherwise known as conditional fee agreements (CFA’s), have helped thousands of people get hold of compensation following an accident that wasn’t their fault.

CFA’s mean that the claimant does not need to pay a penny to hire a solicitor to look at their case, even in the event that they end up losing. The agreement is signed before the commencement of a case; which keeps things in the open between a lawyer and the client.

However, as of late the system has been the subject of much scrutiny, meaning that a shake- up of the way compensation cases are looked at is certainly on the new government’s agenda.

The following list considers the five best things about no win no fee claims:

1) No upfront coast to access justice.

Before no win no fee agreements, many regular people would never have been able to consider legal assistance if they had been injured due to the cost of talking to a lawyer. When they were introduced, everyday workers, drivers, hospital patients are more could talk to a legal expert if they had been injured through no fault of their own.

2) No paying a solicitor’s fee.

In the vast majority of cases, injury victims do not to pay a fee to their solicitor, whether they win or lose. If they win, their solicitor recovers their cost from the losing side, whilst if you lose, they will have insurance in place to make sure they do not lose out.

3) Full amount of compensation.

Because you don’t have to pay your solicitor out of your compensation, you will receive the full amount that has been awarded to you. This is the case whether your claim has gone through the court, or has been settled outside by mutual agreement with the other party.

4) Maximum payout.

By ensuring you have an experienced personal injury solicitor fighting your claim for you, you greatly improve your chances of receiving the maximum compensation payout available to you.

5) You’re likely to win if your case is taken on.

Injury lawyers usually only take on cases they know have a good chance of succeeding. Therefore, if your claim has been accepted by a legal expert, it’s usually quite likely that you will end up receiving a payout.

Tuesday, 3 August 2010

Highest claim ever made

The highest ever compensation payable in the UK is thought to have been awarded to Wasim Mohammed. He was awarded compensation on a no win no fee basis with the help of personal injury lawyers.

Mr Mohammed, a 22 year old from the West Midlands, was awarded compensation of £11.15 million in a personal injury claim. He was a passenger in a vehicle involved in a horrendous collision when the driver, who was exceeding the speed limit, tried overtaking a vehicle at a junction. This manoeuvre resulted in the vehicle slamming into another car that was turning right.

The horrific accident resulted in Mr Mohammed’s neck being broken and injuries to his spinal cord with little or no movement in his arms and legs leaving him basically paralysed with no chance of a cure.

The driver was convicted of careless driving and the huge sum of money that Mr Mohammed received for his catastrophic injuries indicates the amount that will be needed to compensate him for the remainder of his life. He requires the services of two full time carers to tend to his needs. The sum is broken down into a lump sum payment of £4.25 million plus yearly payments of £235,000.

This enormous sum reflects the high cost of care that he will require, pain and suffering he will endure together with loss of earnings and money to build a property near his parents’ house so that they are accessible. Mr Mohammed’s culture states that the eldest son must stay at home with his parents to look after them in their old age. The compromise is the building of a property near them as he is unfit to care for them.

No win no fee solicitors can deal with your compensation claim in a professional, efficient manner.

Children’s accidents

Children by their very nature are inclined to be accident prone, but sometimes accidents are someone else’s fault. If your child has been injured it may be worth making a compensation claim through personal injury lawyers on a no win no fee basis.

Witnessing an accident involving your own or any child is very traumatic. The incident will also be very distressing for the child and can have long term ramifications.

One of the most common setting for children’s accidents is at school, whether in the actual school building, in the playground, sports ground or on school trips such as visiting museums.

Just like employers, schools are under a statutory duty to provide safe premises for children. Some of the time, accidents happen on the sports ground because a goal post is loose and collapses on the child or where tiles around the swimming pool are wet and slippery after cleaning.

The furniture provided in the classroom must be safe so that if a desk leg is loose and falls on the child then that accident may well give rise to a compensation claim.

Children can also be injured as passengers whilst travelling in a bus, taxi or car which crashes due to the driver’s negligence.

Children may slip on a supermarket floor where a warning sign has not been displayed or may be knocked over on a pavement by a reckless cyclist.

A personal injury claim will involve a compensation claim for the child’s physical injuries and possibly psychological injury too. Additionally a claim may be made for loss of earnings if the child’s parents or guardians take time off work to care for him; travel expenses incurred in seeking medical attention and the child’s damaged clothes.

Contact no win no fee solicitors to claim compensation rightfully due for your child’s injuries.

Online scams - How to avoid them?

Online scams are increasingly sophisticated as scammers think up ever devious and plausible ways of coaxing you into parting with your money. No win no fee solicitors may be your best choice if you have been scammed and are seeking compensation.

A huge proportion of purchases happen via the internet as more goods are available worldwide 24 hours a day.

Buying goods online involves you having to make a judgement and placing your trust in the retailer. If you are purchasing from a new web site, make sure that you read the small print. Make sure the company exists, so try phoning the number usually listed on the contact page.

Do not respond to any request from an online retailer to divulge your bank or credit card details in an email. It is worth remembering that any company which asks you for such details is likely to be disreputable whereas a legitimate company would not do this.

Beware of ordering goods as a result of unsolicited emails. At the very least you should check out the website which can often be gleaned from the wording. An unsolicited email from abc@1234.co.uk should prompt you to look up 1234.co.uk via a search engine so that you can obtain more information on the company.

Once you have the company name it is prudent to carry out a free search at http://www.companieshouse.co.uk which will show how many times the company has changed its name and when it began trading.

Avoid companies which have changed their name numerous times as they may be experiencing financial difficulties and trying to avoid being made insolvent. They may not reliable entities and you should not do business with such companies is you have any doubts.

If you are involved in an online scam, personal injury lawyers can advise on your compensation claim on a no win no fee basis.

5 Strangest claims

Some of the weirder compensation claims have taken place outside of the UK. In particular the United States is known for its unusual lawsuits.

Most of the cases are issued by no win no fee solicitors or attorneys and some are listed below.

One notorious case in the United States concerns an obese boy who issued a lawsuit against a fast food chain because the restaurant hadn't warned him that eating huge numbers of burgers was detrimental to his health.

A man put his camper van on cruise control at 70 mph and made himself a cup of coffee whereby the vehicle left the road. He sued the manufacturers of the van who had failed to tell him that the vehicle wouldn't self steer around bends on cruise control.

A woman slipped in dog urine on a kitchen floor and sustained an ankle injury. The strange part is that she sued the owner of the house who was a good personal friend maintaining that he should have cleared up the dog’s mess.

An American gentleman was eating some salted peanuts when he chewed on a brittle foreign object. The object was in fact a tooth from an unidentified animal. He was disgusted and understandably made a personal injury compensation claim against the manufacturers of the peanuts stating that the sight of the animal tooth made him extremely ill and caused him mental anguish.

One of the weirder claims in the UK involved a woman who won a radio quiz where the prize was a Renault Clio. However the prize turned out to be a small model replica of the car and she succeeded in her claim against the radio station receiving compensation of £8000 to purchase the real vehicle.

If you think you have a compensation claim, contact personal injury lawyers on a no win no fee basis.