Posts Tagged ‘personal injury lawyers’

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

Useful Help From A Mesothelioma Lawyer

December 15th, 2009

Mesothelioma lawyers represent people who are ill or have lost someone due to nineteen thirties, which is a type of lung cancer caused primarily by exposure to asbestos. Before the nineteen twenties asbestos was used to make insulation for buildings and liners for ships. Later it was widely used in the fabrication of heat and air conditioning duct work and to line the inside of nuclear power plants.

By the end of the Roaring twenties, it was believed to be causing some medical problems, mainly in the chest and lungs. By the nineteen forties, there was sufficient medical proof to show cause and effect between exposure to asbestos and asbestos cancer, which is now called Mesothelioma. With all the findings showing the dangers of this product, most of the manufacturers that made or installed it did not tell the public the dangers of asbestos.

These cover-ups are the reason that there are many suits today involving this illness. When people finally found out about the harmful effects of asbestos and they determined that they were sick, or worse, they were dying because they had been around asbestos they started suing the companies involved in making and using it. Our government is also part of the force making the companies compensate the people harmed by these products.

There are lawyers who specialize in these civil cases. They can help people get compensation through Mesothelioma litigation. You have to show that a specific company caused your exposure to asbestos. Sometimes, even if you are not the one that worked for a company but were exposed to asbestos second-hand, you still are entitled to file suit for compensation.

When you win your law suit, you will be eligible to be reimbursed for wages you have lost, medical expenses, for the costs of a funeral, and monetary aid for you or your family. You will most likely be reimbursed for traveling expenses related to your treatments and whatever other costs you incur that may not be covered by insurance also. This money will be of great help to you and the people closest to you during what is most likely going to be the most stressful time of your lives.

Since cases differ from one claim to the next, a Mesothelioma lawyer will check additional expenses that should be covered under a claim. To do this, they will require all of your health records as well as financial records related to the illness. These lawyers handle all areas of your case for you because they know that you will probably be too incapacitated to take part in a trial. When you supply these records and answer the questions pertaining to how and when you were exposed to asbestos, you will not have to be bothered for the rest of the suit.

Most of these lawyers fees are covered by an agreed upon percentage of what you are awarded if you win your suit. This percentage can range from 20 to 40 percent, with most of them charging between 25 and 35 percent. Because of this, they will try very hard to win your case for you.

If you are seeking a lawyer to handle a Mesothelioma claim, look for one who specializes in this type of disease. They know what this disease is and what causes it. Make sure you understand completely how much you are going to pay them and when. Then let them help you and your family by filing a claim for you and taking care of all the legalities.

Jo Wilson is an expert in mesothelioma compensation. If you would like more information about mesothelioma lawyers or are searching for a trusted law firm please visit http://personalinjury.ffw.com

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

Failed Vasectomy and Failed Sterilisation (Wrongful birth)

December 14th, 2009

Many people in the UK are undergoing vasectomy or sterilisation procedures as a way of avoiding pregnancy. There may be other reasons involved, however it all depends on the individuals concerned. Whatever their reasoning may be, it is their right to have the procedure done properly.

If through some mishap on the part of the surgeon something goes wrong, it can lead to some very devastating results for the patient concerned. In fact, it not only affects the individual concerned, but family members close to them. The patient may find herself with an unwanted pregnancy which can lead to great emotional turmoil. If the patient is able to prove that the unwanted pregnancy occurred due to the medical negligence on the part of the medical staff involved, than it may be possible to claim for compensation.

Failed Sterilisation

There could be a number of different reasons why a surgery may fail. A sterilisation procedure involves the procedure of the fallopian tubes being either cut or clamped to stop the eggs from travelling to the ovaries to the womb. In most cases the woman decides to have this surgery to avoid any future pregnancies. The surgeon may be negligent in not securing the clips carefully and they may become loose.

Failed Vasectomy in surgical procedure

Usually there are only one or two reasons why a vasectomy fails. Firstly, the surgeon may be responsible for not cutting the vas deferens tubes properly. Furthermore, it is the surgeon’s duty to give the patient clear post operative advice. To give you some idea, in most cases following the vasectomy procedure, it usually takes around four months for traces of sperm to disappear from the semen. The surgeon should explain this to the patient, and warn you against unprotected sex, at least until the tests have shown that there is no more sperm in the semen.

Can you make a claim?

You should be able to make a claim if you have suffered a failed surgical procedure, however this will depend on individual circumstances. Some things may be out of the surgeon’s hands, such as natural occurrences. For instance, when when the sperm duct or fallopian tubes regrow. However, in some cases it is more obvious that the failed sterilisation or vasectomy is due to the surgical error. The surgeon may be responsible for cutting a ligament instead of the vas deferens tubes. Or the surgeon may fail to give you good clear post-operative advice.

Generally, if conception occurs soon after a sterilisation or vasectomy procedure, it more likely to result in a successful clinical negligence claim. Whatever caused the surgery to fail, an unwanted pregnancy can lead to great stress in a relationship, often leading to suspicions of adultery. Compensation can be given for the emotional and physical distress involved with the pregnancy.

If you or your partner wish to make a claim, our solicitors will be able to guide you and answer and queries you may have. They will go through all the relevant options with you, and help you decide on whether you wish to take further action.

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

Making a claim for amputation/loss of limb

December 14th, 2009

An amputation of a boy part can be life altering for the individual concerned. Whether it is loosing a leg or loosing a finger, the psychological impact can be devastating. The level of care needed and the recovery period will depend from case to case. On most occasions it will depend on the severity of the amputation, and the coping mechanisms of the individual. The type of clam you make will depend on the way in which you lost your limb.

Traumatic amputation claim

A traumatic amputation claim can arise when somebody suffers a loss of limb during a serious accident. This can happen anywhere, such as in a traffic accident, at the workplace, or in a motorbike accident. These injuries can be complete, or even partial where some soft tissue remains, however the body part is completely crushed. If you have suffered under these circumstances and wish to make a claim, it will be necessary to be able to prove that someone else was wholly or partially responsible for the amputation taking place.

Surgical error

This is when a surgeon removes a limb or a part of a limb that is causing a great deal of pain for the individual or is threatening to their health. However, as with any surgical procedure, complications can occur which can lead to great distress for the individual concerned. On some occasions, amputation of a limb was not part of the original plan, however the patient ends up losing a limb due to the surgical procedure going wrong. The patient will be able to make a claim based on both the surgical error and the amputation.

Misdiagnosis claim

Perhaps the worst type of medical negligence that can occur is wrongful limb amputation. Unfortunately there have been many cases where surgeons have wrongfully amputated a patient’s limb due to misdiagnosis or amputating the wrong limb. Understandably the effects on the individual can be psychologically damaging. On some occasions a limb is removed on the basis that it is believed that this will prevent a disease such as cancer from spreading to another part of the body. In order to make a claim, it will have to be proved by the patient that the limb was not putting their body at risk.

Suffering the loss of a limb because of a serious accident, or due to a surgical error can have devastating life-changing effects on the individual. If you have been victim to an amputation based on misdiagnosis in treatment or as a result of a road accident, you will be feeling shaky and uncertain about your future. It is understandable in these circumstances to be worried about how you will cope emotionally and financially as a result of your loss.

Depending on the nature of the situation, some may be able to return to their normal course of employment, whilst others will struggle. Others need an extended resting period in order to fully rehabilitate. If you have unfortunately suffered a loss of a limb in an accident that was not your fault, you may be able to make a claim for compensation.

Our solicitors will assess your case with sympathy and compassion, and advise you on your next course of action.

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