Posts Tagged ‘falls’

Slipped On Ice? You Could Claim

March 16th, 2010

The adverse weather conditions in Britain this year have been among the worst seen for years, and in the worst affected regions the hospitals have seen an increase in injuries relating to slips trips and falls. People have been leaving the car at home in a bit to stay safe, and taking to the pavements on foot: which have been just as treacherous.

In badly hit areas, such as areas of the Midlands and Sothern Scotland, A&E departments of hospitals were reporting an increase in slip related fractures, relating the slippery conditions. One Reading based hospital were forced to create extra theatre space to carry out a higher number of procedures after on e particularly accident filled day when they sae a 36% increase in patients.

Many people who have suffered injuries on ungritted pavements are frustrated with the way local councils prepared badly for the conditions, with some thinking of taking their grievances down legal channels. However if you’re one of the few considering it, you may want to hold off, as simply the fact that you fell is not enough to place blame with the council and their actions.

As one PI solicitor at Chester based Oliver & Co ‘you have to be able to show the council acted unreasonably in failing to grit the pavement’, which is more tricky to prove then you would first think. This is not the case, however, if your accident occurred on some sort of private land such as a car park, and in these scenarios bringing a claim may be more straightforward.

Privately owned areas, unlike the public highways and byways, are bound to ensure an areas safety is “reasonable in all circumstances” as part of the Occupiers Liability Act 1957.

All seems sunny for now, but should the weather take a turn for the worse again, we suggest only making necessary journeys, keeping your footwear sensible and taking things slowly.

Looking to find the best deal on compensation services, then visit www.whatsmyclaimworth.co.uk to find the best advice on no win no fee compensation for you.

Can I Claim For My injury?

March 13th, 2010

If you have had an injury that was not your fault, then since the introduction of Conditional Fee Agreements in 1995 you have been able to make a claim on a No Win No Fee basis, meaning receiving deserved compensation has become less of a risk for the injured party. But what constitutes and eligible claim and who does pay the fees?

Personal injury claims are often viewed as a bit of a prize fund or windfall, but this is an inappropriate way of viewing them. Only claims where the accident or injury resulted in a actual suffering and/or loss of earnings should be brought and accidents which are minute in suffering, such as a minor cut which heals in a timely fashion will almost never result in a successful claim.

It is also worth noting that even with the most highly recommend, expensive solicitor, the fact you have an injury does not equal a successful claim, as other factors must be proved, such as who was a fault and medical evidence needs to be shown.

Similarly the actual monetary amount you receive is not based upon how much the opposition can afford or what the court deems fair, but it based on your suffering and loss of earnings, so taking a big company to court does not automatically equal a huge payout.

However if you do have a valid claim, then the No Win No Fee contract allows you to receive what you deserve after what is often a traumatic experience. When someone who has suffered an injury makes a claim, there should be no charge to them, whether they win or lose.

No Win No Fee works on the basis that if you have a successful claim the party who is to blame cover the costs and if the claim is unsuccessful any fees are covered under the legal insurance policy that was taken by the firm at the beginning of the claims process. This means that if you win you keep all your compensation and the fees are paid on top and f you lose you walk away no worse of.

So if you’ve recently been injured through no fault of your own, then my advice to you would be to go to a recommended personal injury solicitor and see if you can claim and let them help you with the next steps.

Looking to find a reputable no win no fee solicitors,then visit us to get professional and reliable advice relating to accidents and your compensation injury claims .