Posts Tagged ‘law help advice’

Claiming as a Passenger in an Accident

December 31st, 2009

Passengers obtain injuries in a bus, car, or any other vehicle that gets involved in an accident. It is not unusual for passengers to make a claim. If you were in the vehicle at the time of the accident you can make a passenger accident compensation claim.

Most likely you were in the wrong place at the wrong time. It is the driver’s responsibility to make sure that the passengers are safe at all times. The driver should be driving carefully and this applies to other road users as well. This is why when an accident occurs, the passenger has a strong legal basis for being able to make a claim.

Claiming against the driver

If you were a passenger in a road accident and suffered terrible injuries, you should think about making a claim. Do not be put off even if it is against someone you know. You should note that as long as the driver has basic car insurance cover, and third party insurance, he or she will be covered for liability for injuries to other people in the car (including passengers), liability for damage to other people’s property and liability for injuries to the occupants of other vehicles.

You may be feeling hesitant about making a claim against a close friend or family member, however you should note that your actions will not bear any negative repercussions on them. Most likely they will be making a claim on their insurance anyway, and their insurance provider will be liable to pay any compensation that you receive.

If more than one driver was involved in the accident you can bring a claim against them too. If the other driver was also responsible for the injuries you suffered as a result of their negligence, then you can make a claim against both of them.

It should be borne in mind that the amount of compensation you receive will be affected by whether or not you were wearing a seatbelt at the time of the accident. Your compensation may be reduced if you were not wearing one, so be prepared for this.

Making the driver of the other vehicle involved accountable too

If the driver is aware that a claim is being brought against him or her, then the driver can request that the driver of the other vehicle be also held accountable for the collision. This is advantageous for the driver as bringing the other driver into the equation it may help reduce the amount of compensation he or she might have to pay. This way each driver is responsible for paying their proportion of the compensation to the victim.

Passengers are often distraught in the aftermath of a car accident. In most situations it happens so quickly that it is difficult to witness what actually happened. This is particularly applicable for passengers travelling in the back of the vehicle due to limited vision. It is best that you seek legal advice from our solicitors if you have been involved in an accident as a passenger. This way you will know your options and the right way forward.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about compensation claims, Lawyer, Holiday accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Making A Claim For Cancer Compensation

December 27th, 2009

If a medical professional has been responsible for mishandling a cancer diagnosis, the consequences for the patient concerned can be extremely serious. Cancer can be linked to a number of different factors such as genetics or general lifestyle. Some factors work to increase the likelihood of someone developing the disease.

Early diagnosis of cancer is essential in leading to more effective treatment and lower mortality rate. Failure by doctors to do this can have devastating results for the patient involved. With the current advancements in technology, it is much easier now than ever before to be able to spot signs of cancer. Early misdiagnosis of cancer can have drastic consequences for the patient’s life expectancy. In some cases, the consequences can be so serious that treatment may no longer be an option and the patient will be impacted for life.

How can you make a claim?

In establishing whether the doctor has been negligent, the doctor will first be assessed against other doctors in the same professional capacity. The two main questions that will be asked will be:

* Was the doctor responsible for falling under the standard expected from doctors in his or hers speciality?

* What would the patient’s condition be now if the correct diagnosis had been initially made? And how will this compare with what actually happened?

Essentially the courts use what we call the ‘balance of probabilities’ test. Therefore, if the experts in this field argue that the correct diagnosis would have given the patient a 60% chance of survival, and the actual delay in diagnosis and treatment has reduced that chance to 40%, there will be compensation for that individual. The same rule applies to any other serious flaws in treatment. However, if a 40% chance had fallen down to 20%, there would be no compensation for that. This is because the survival rate was less than probable in both cases.

The balance of probabilities test has not been favourable amongst some commentators who have argued that it can lead to unfair results for some of the patients. Despite the reservations on the part of some, it is the law that is applied today, and the process that will have to be gone through for anyone making a claim.

The types of misdiagnoses made by doctors in cases of breast cancer:

* Failure to follow up on test results

* Failure to order new tests

* Failing to spot early symptoms of cancer

* Mistaking a tumour for an infection or diagnosing the tumour as benign

* Failing to notice a lump during the screening process

The list outlined above are some of the more common misdiagnoses that are usually made by doctors which can lead to devastating consequences for the individual concerned. A simple observation early on would have lead to a great less psychological and physical pain for the individual.

If you have been affected and are concerned about the type of treatment you have received, our specialist clinical negligence solicitors will be able to offer you advice with compassion and understanding. Our solicitors will provide you with assistance and guidance in pursuing your compensation claim.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Lawyer, cancer misdiagnosis, find a solicitor, legal, lawyer, law help advice, solicitors litigation

How To Make a Seatbelt Injury Claim

December 27th, 2009

Many passengers fall into a sense of false security when travelling in a car. It is quite easy to believe that the car will protect you, should anything happen and you become involved in an accident. It is quite dangerous to think this way, as in many cases, horrific injuries could have been prevented had the passenger been wearing a seatbelt. The passengers do not just have to live with the physical injuries of a road accident, but the psychological injuries too.

The most talked about injury and one that is most commonly cited in a road accident is whiplash injury. A perhaps more less talked about injury is seatbelt injury. Seatbelt injury is actually a much more common injury than people think. If you think about the impact of a car accident, it is hardly surprising. When another vehicle slams into the back of your car or slams into the side of your car, you will be naturally jerked forwards or sideways. This jerk reaction will impact your body even if you are wearing a seatbelt.

Of course it is essential that everyone wear a seatbelt whenever travelling. Your injuries are more likely to be less serious wearing a seatbelt in an accident rather than not wearing one. It is fundamental to your overall safety and thousands of lives have been saved as a result of the seatbelt first being enforced.

Your seatbelt injury could have been caused by the negligent behaviour of the driver. Depending on the situation, it could be that the driver had been speeding unnecessarily or overtaking dangerously. The driver also may have ignored the weather conditions and be driving recklessly or in road rage. If you sustained seatbelt injuries as a result of the driver’s negligence then it is your personal right to make a claim.

What you should expect if you are involved in a road accident

Depending on the circumstances of the road accident, you could expect to have the seatbelt dig into your abdomen. This can cause abdomen tenderness or even possible bowel injuries. You can avoid these types of injuries or reduce their likelihood of occurring if you take certain steps.

It is quite common for drivers to put on their seatbelts loosely before taking off. This can be a mistake, as it is important to wear a seatbelt as tight as possible to avoid personal injury taking place. Seatbelts are well known for saving lives so in the event of an accident it is important that:

* The seatbelt is worn as tightly as possible

* The lap belt should be worn over your pelvis and hips

* Wear the diagonal strap over your shoulders

Have you suffered a seatbelt injury in a car accident due to the driver driving recklessly? If this is the case, then you have a right to make a claim. Our solicitors will assess your case and advise you on what you should do next.

Ayesha Salim is editor of the UK Lawyers Network. Ayesha writes articles about road accident claims, road traffic accidents and motoring issues. Please visit the website if you would like to see more of Ayesha’s work or if you would like to contact local solicitors or to talk with a personal injury lawyer.

Claiming For An Accident At A Supermarket

December 25th, 2009

Many customers do not realise that if they fall or slip at a supermarket they are able to make a claim for compensation. Their claim will be processed if it can be proven that the accident occurred through no fault of their own. The accident can happen at Asda or any other popular supermarket food chain. Whichever supermarket it was, if it was not your fault, you have a right to make a claim.

Supermarkets such as Asda and Tesco owe their customers a duty of care as soon as they enter their premises. Customers should be able to shop easily without fearing some sort of accident. This duty of care can also extend to the supermarket car park. Supermarkets are responsible for ensuring the safety of all of their customers, and nothing less.

What to do if you are involved in a work related accident

It’s not just customers that are at risk from obtaining injury. Workers in supermarkets are surrounded by potential health hazards everyday. Many are involved in a wide range of jobs which include cleaning, working on the checkouts, and shelf stacking. Some jobs involve more risky work than others, particularly if they are dealing with heavy items.

Check out assistants for instance can face health risks if great care is not taken. Check out assistants can suffer from repetitive strain injuries in their wrists, shoulders and elbows. Their neck and their back is also at risk if their working area is not set properly. Lack of appropriate warnings out in the aisles can put shelf stackers and cleaners at risks from spills and other obstacles.

As an employee you may wish to seek action against your employer if you suffered an accident. It is strongly recommended that you seek legal advice before doing so, as you will be better informed about your chances of gaining compensation.

Important steps to take as a customer if you are involved in an accident

If you are unexpectedly involved in a supermarket accident, there are some things you can do that will help your claim if you decide to make one later.

Quite soon after the accident you should report it to the manager or to someone at the customer services desk. You will most likely be given an accident report form to fill In case you are not given a form you can ask for one or make sure that the accident is recorded in the accident book.

If there happen to be any witnesses around at the time of the accident, it is best to get down their names and contact details. If you happen to have a camera on you, you should photograph the scene of the accident. If you don’t have an actual camera but you have one in your phone that should be fine too. By gathering all of this evidence, it will help you in your claim later on if you decide to make one.

If you have been victim to an accident and wish to make a claim, our solicitors will help examine your case and inform you of your next steps.

Ayesha Salim is editor of the UK Lawyers Network. Ayesha writes articles about supermarket fall claim, public place accidents and slips and trips. Please visit the website if you would like to see more of Ayesha’s work or if you would like to contact local solicitors or to talk with a personal injury lawyer.

Claiming for a Repetitive Strain Injury

December 24th, 2009

With more computers being used on a regular basis nationwide, it was inevitable that the number of repetitive strain claims would rise with it. Many of these claims could be avoided if the employer had taken certain measures to prevent this from happening. It is the employer’s duty after all, to provide a safe working environment for its employees.

Repetitive strain injury claims are often hard to claim for due to it’s complexities. For instance, citing repetitive strain due to high computer use at work would be difficult to claim for, as the majority of the country have computers at home which could also have been responsible for causing the injury.

However, if you feel that you gained this injury at work then do not be put off. Your employer should take reasonable steps in providing a safe working environment, and if this was not provided for then you have a right to make a claim.

What is repetitive strain injury?

Repetitive strain injury can also be referred to as Work Related Upper Limb Disorder. The types of symptoms that people suffer can vary but usually they involve stiffness, tingling, and swelling. It is repetitive work processes that tend to cause a strain in the upper limbs. Reports have suggested that around two thirds of office workers suffer from RSI, however are unaware that they can even make a claim.

It is important that the employer ensures that the employee takes regular intervals from using the keyboard as this is a major cause of RSI (Repetitive strain injury). The PC monitor should be at the correct height for the employee and wrist rests should be made available for comfort. Similarly repetitive usage of the mouse can also cause RSI. The symptoms occur due to continuous muscle contraction caused by being in a fixed position for too long whilst the limbs are unsupported or supported in the wrong manner.

If the employer fails to put these important health and safety rules in place, and the employee ends up developing RSI, the employer should prepare for the employee making a possible claim. It will all depend on how severe the RSI is. This will determine how much compensation the employee receives. It is best to get into contact with our solicitors who will best be able to advise you on your claim. The solicitor will ensure that you gain the best compensation possible.

With advancements in technology, more people have gotten used to working on the move. Gadgets such as blackberry’s and smaller laptops, have enabled commuters to be able to use these gadgets on the train or on the bus. Unfortunately, many are misinformed about the risks of such prolonged usage of these devices. The risks of them obtaining RSI become higher due to the smaller and closer-situated buttons. Furthermore, the effects of RSI are likely to be more serious in comparison to a normal office environments, as commuters will be working in uncomfortable and unusual positions.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Personal injury Lawyer, Work accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Undergoing Laser Eye Surgery

December 19th, 2009

Although the technology is still relatively new, more people are turning to laser eye surgery as a way of freeing themselves from the constraints of wearing glasses. If the surgery is performed well, it can lead to greater clarity of vision for the patient. The patient’s quality of life will be improved and the surgery is not terribly long either. However, contemplating on having any form of eye surgery is a big decision, and unfortunately in some rare cases, complications do occur.

This procedure involves correcting long and short sightedness. The laser is used to change the shape of the cornea which is the transparent part of the eye which covers the iris and the pupil.

Complications and risks involved in the surgery

It should be borne in mind that laser eye surgery is still a relatively new form of surgery, and it is difficult to gather what the long term results will be. Some of the more immediate problems that people have complained about can range from dryness in the eyes to experiencing night vision problems. Furthermore, some candidates are more likely to be less suited to the surgery than others. It is the doctor’s responsibility to spot this early on in the pre-screening assessment.

The complications experienced by patients can vary from case to case. Some patients experience minor problems such as pain and sensitivity which can be solved. However, in other cases the consequences can be particularly serious with some patients suffering from cornea scarring to in some tragic cases even blindness.

Cataract surgery

Cataracts usually cause impaired vision for elder patients. It is a degenerative disorder, however it can also have other causes. Cataract surgery is usually performed to improve the patient’s eyesight and this is done by the lens of the eye being broken down into tiny pieces which are removed through a small cut in the eye. The lens is then replaced with an artificial one.

Problems after surgery are rare but can occur. In order to establish a claim, it will have to be seen whether there was negligence in the pre-operative screening, the actual eye surgery, or in the post-operative.

It is the doctor’s responsibility to inform their patient of the risks involved in the surgery before the operation is carried out. It may not be possible to go through every risk possible, but the general risks should be highlighted to the patient.

Can I make my claim?

This will depend on a few things such as:

* The nature and extent of your injury

* The recovery rate from the injury and any implications for future long-term consequences

* The amount of losses you incur as a result of the injury

Our specialist solicitors have a great deal of experience dealing with these types of claims. If you have suffered an injury as a result of your surgery, our solicitors should be able to help you with your claim.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Lawyer, Eye surgery claim, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Making a Claim for Injuries Sustained in Sporting Activities

December 18th, 2009

Anybody involved in a game of sport can expect to sometimes get injured. Sometimes an error in judgement or some general carelessness can lead a player to sustain an injury. Therefore most participants consent to the risky nature of the game playing. However, sometimes a player can trip up on badly maintained surface, or be pushed just a little too hard buy their trainer. In these circumstances it may be possible to make a claim for compensation.

The way to distinguish between injuries sustained in normal play or out of misconduct is to see whether there was any particular maliciousness or recklessness involved. Simple carelessness or error in judgement will not be sufficient to make rise for a claim.

The types of sports injuries claim that can give rise to a claim include:

* Playing on grounds that are defective or badly maintained

* Defective facilities or equipment

* Players being particularly malicious or violent

* Improper instructions or training being provided by trainer

These are some of the types of injuries that can give rise to a claim as they are not part of normal, reasonable conduct expected of the players involved in the game, or those that owe a duty of care to those playing.

In some cases the sports injury can be quite serious which results in the victim not being able to attend work. This can lead to the victim suffering financially as well as physically. If you find yourself in this type of situation in which you do not know which way to proceed, the best thing to do is to seek advice from a solicitor who will be able to help you.

Spectator Sports Injury Claims

Most people go to watch a game expecting to have an enjoyable time. They never expect to be at any risk from obtaining an injury. This is due to the fact that it is commonly expected that those in charge of organizing the event ensure that the premises are in line with health and safety standards. The spectators are expected to be watching in a suitable place, away from harms way.

If the shelter provided is faulty or in substandard condition, this could lead to a spectator being injured. Furthermore, defective barriers or railings all add to the possibilities of an accident occurring. There should be no safety hazards present, and the organizers of the event owe this duty of care to the spectators.

Making a Sports Injury Claim

Seeking medical attention is paramount if you sustain a sports injury. This is important even if you think the injury is minor. Your doctor will be best able to examine the seriousness of the injury and give you the right treatment for it. Secondly, your medical records will be useful to you later on if you decide to make a claim for compensation.

It is also necessary for you to collect as much information as possible. This will include keeping a record of any witnesses, or any photographs taken at the scene of the accident. All of this will help you in your claim for compensation.

If you have been victim to a sporting injury and are unsure on your next steps, our solicitors are here to help you.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Lawyer, accident compensation, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Compensation In Plastic Surgery

December 16th, 2009

Thousands of people every year go under the knife for various reasons. Their reasons may be personal to them, however one thing is clear. Plastic surgery can be a very personal and intrusive and patients should expect nothing less than the highest standard of care. However, the plastic surgery industry is quite unregulated and mistakes have been known to occur. It is only in recent years that the National Care Standards Commission has introduced regulations. Under this scheme, the clinics and surgeons are under the responsibility to ‘ensure the safety and well-being of individuals having treatment’. Therefore, all the doctors registering after April 1st 2002 cannot perform plastic surgery without first completing specialist surgical training. However, it should be borne in mind that this only applies to doctors registering after this date, not before.

The majority of the surgeries are carried out are by qualified surgeons, however on the rare occasion this is not always the case. If you have suffered as a result of a faulty surgery, we may be able to help you.

Making your case for compensation

You may be experiencing a multitude of emotions right now, most of which may be anger and distress. It is your right to make a claim as you can be assured that any plastic surgeon that agrees to operate on you owes you a duty of care both during and after the operation. It is our right to be able to place complete faith and trust in the surgeons carrying out our operations and we should be able to feel secure that it will be performed well according to the correct procedure.

If your plastic surgeon caused you to suffer significant injuries or scars as a direct result from the surgery, then it is very possible that their duty of care towards you has been negligent.

Before you decide to undergo plastic surgery, you should bear in mind some crucial points. A proper plastic surgeon will always:

Be a well-qualified plastic surgeon

Give you proper information about the procedure and what you will personally gain from it

Go though all the risks involved in the surgery

Go though alternative options with you

Give you appropriate time to think about your options

Regrettably, you may be experiencing the after effects of a botched surgery that has scarred you both physically and mentally. In these circumstances you have every right to be able to make a plastic surgery compensation claim.

There are a number of things that can go wrong in plastic surgeries, however some of the more common complaints include the following:

Lack of necessary information regarding the risks involved in the procedure

Nerve damage during a facelift

Major scarring during a procedure such as liposuction

Unexpected scarring on the face during a facelift procedure

The serious errors outlined above are just some of the types of claims that are made by patients. However, any patient who has suffered one of these claims will be able to make a successful plastic surgery compensation claim.

Our clinical negligence solicitors have a great deal of experience in dealing with patients that have been traumatised by the effects of surgery. It is understandable that not only will you be feeling physically self-concious, but your personal self-confidence would have also been affected. Our advisers will seek to understand your individual situation, and will always treat your case with great sympathy and compassion.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Personal injury Lawyer, surgery damages, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Slipping And Tripping Claim

December 16th, 2009

Tripping and slipping accident claims are quite common as members of the public trip and fall on various substances on a regular basis. In order to make a successful claim the claimant has to prove that someone else was legally responsible for the accident occurring. If the accident occurred in someone else’s premises the occupier of the property could be held liable for not keeping the premises in reasonable condition. The main question normally asked is ‘what is a reasonable condition?’ The notion of ‘reasonableness’ will depend on a number of factors. In order to escape liability, the defendant will have to invoke statutory defence, by proving in reference to written records that they have a regular inspection regime in place, and have responsibly kept the location where the accident happened in reasonable condition.

Personal injury claims that are made due to tripping and falling in a public place may well succeed if it can be proven that it was caused by the condition of the location.

Accidents on the street

According to Section 41 (1) of the Highways Act 1980 there is a direct duty to maintain the highway at Public expense. This was summarised in the case of Griffith v Liverpool Corporation 1967 where it followed:

“The duty at common law to maintain, which includes a duty to repair a highway, was not based in negligence but in nuisance. It was an absolute duty to maintain, not merely a duty to take reasonable care to maintain, and a statutory duty which replaced it will also be absolute.”

This means that the local and highway authorities are responsible for ensuring that inspections are carried out regularly on road surfaces, and that they are maintained in a reasonable condition.

In bringing the personal injury claim, the claimant will have to demonstrate that the part of the road where the accident happened was not reasonably safe, and that it was the defect in the road which caused the accident.

Accidents that happen in other public places

In some cases the accident can occur in another public place such as a shop, supermarket, or a place of entertainment. In these circumstances the occupiers of the building are under a duty of care to ensure that members of the public remain safe whilst on their property. The general surroundings of the premises should be secure and not pose a danger to members of the public. Accidents which occur in supermarkets are quite common due to people falling or tripping on some form of slippage. The defendants will have to provide evidence that they had reasonable protection in place when the accident occurred.

Important points to consider

* Make a note of exactly where the accident happened

* Make a note of any relevant names, addresses, and telephone numbers of witnesses

* Seek medical attention from a doctor for any injuries suffered no matter how insignificant

* Make a report to the relevant authority detailing the defect/accident

* Take photographs as soon as possible of the scene of the accident. Photographs of the clothes and shoes should be taken instantly following the accident

* Any physical injuries should also be photographed

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Personal injury Lawyer, trip accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Medical Negligence Occurring In Dentistry

December 14th, 2009

Many of us shudder at the prospect of going to the dentist, as the very thought of someone drilling into our tooth opens up a house of horrors. However, it is well known that going for a check-up is good for your health and we know that we should place great trust into the professionals that are taking care of us.

Although in most cases, the treatment provided by dentists to their patients is of a high standard, in some instances this standard fails as some patients suffer personal injury as a result. However, it is necessary to distinguish between an unfortunate side effect or actual negligence on the part of the dentist. Your dentist may have been negligent in a number of different ways. It is possible that your crown was not fitted properly. Perhaps your dentist was negligent in failing to spot a serious dental disease and now you are experiencing persistent pain and have suffered permanent damage to your teeth.

What are the types of dental negligence?

Dental negligence can happen through various ways, however listed below are some of the more common ways:

Misdiagnosis by dentists

This is when the dentist fails to recognise a serious problem which results in the patient receiving inadequate treatment for their dental problem. If the patient suffers more pain and hardship as a result of the misdiagnosis, the patient may be entitled to compensation

Carelessness

A careless mistake on the part of the dentist could lead to the patient suffering from personal injury. This can give rise to a clinical negligence claim.

Inadequate treatment

Providing inadequate treatment to the patient is another basis for a possible compensation claim. The inadequate treatment provided could lead to personal injury to the patient. In order to make a claim, the patient will have to prove that another dentist in the same professional capacity would not have made the same error in judgement.

Drug usage

Giving the patient the wrong dosage of drug could lead to some serious implications for the patient. Similarly, analysing the patient’s forms is an essential part of the procedure which dentist’s should perform as there may be a record of a certain type of allergy that the patient has. If the dentist fails in these tasks, and the patient suffers personal injury as a result, this could give rise to a potential compensation claim.

If you have personally suffered undergoing a dental procedure, and wish to make a claim, our solicitors should be able to help you. You may feel that your dentist has provided you with substandard care or caused a dental accident which resulted in you suffering personal injury. Whatever the reason may be, our specialist solicitors will be able to advise you.

In order for your claim to be successful, you will need to be able to show that the same treatment would not have been provided by a reasonable and competent member of the dental professional. Our specialist solicitors provide a sympathetic and friendly service, and will ensure that you have the best chance available in pursuing your compensation claim for dental injury.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Personal injury Lawyer, Dental Negligence, find a solicitor, legal, lawyer, law help advice, solicitors litigation