Being involved in an accident and suffering injury can be an extremely distressing experience. Ensuring that you receive the compensation you deserve can go some way to lessening the burden and cost of a personal injury.
We are a member of the Compensate Personal Injury Network (CPIN) and this ensures we can access expertise in all areas of personal injury no matter what type of accident or injury you have sustained.
All types of accident claims are covered, including:
Personal injury can be a complicated area of law covering a huge range of issues and parameters. These cases will involve the process of litigation and potentially taking defenders to court. Preparing cases can be costly and risks involved, if the case was to be lost, are great. A huge reason why we use CPIN is that the Network covers these risks and asks for no money up front.
No win, no fee means exactly that. Firstly, if the case is believed to have merits of success, you will not be asked to pay for anything up front subsequently if the case is lost you will not pay anything, all the risk is borne by CPIN. If the case is successful you will be asked to pay a percentage of your damages, usually no more than 20% and for higher value cases less.
Why should you give up a percentage of your rightful damages? In simple terms, the cost involved in thoroughly preparing a case are potentially large and for everyone to understand the true value of what those damages should be, needs to be thorough – there is a lot of work involved. That effort ensures the right figure is estimated for your damages, usually significantly higher than what an insurance company (the defender) would try and offer. In the end even after the percentage of damages is deducted you will be far better off.
If you have had an accident at work you may have a claim against your employer. Within the workplace, your employer has a duty to uphold a reasonable standard of care in respect of your health and safety during working hours, which extends to sites outwith your employer’s premises. Additionally, employers can be liable for any acts or omissions by your colleagues during their employment, if their actions lead to your injury at work, and they will require to pay you reasonable compensation in that event. These obligations are set out in Health and Safety law which exists to protect people in their place of work.
Where it can be shown that your employer has failed in their duties, and as a result you sustain an injury, then you may be able to claim.
There is a variety of accidents which occur as a result of your employer failing to uphold their duties. This could include, for example, if the machinery you were using was not in satisfactory working order, if your employer did not provide you with the requisite tools to perform your tasks, if you had not been given any training to carry out the task assigned to you and you sustained an injury as a result of this. If any of these occur your employer may be open to a claim. Additionally, if you were not given the correct work equipment, protective equipment, lifting equipment or display screen equipment then this will give you reason for a claim to be made. There are also a variety of regulations in respect of different types of workplace, for example, offshore work, construction sites, quarries, railways and many more.
We can ensure that your claim is passed on to a personal injury specialist who can apply the correct regulations under the circumstances.
Our personal injury lawyers deal with a wide range of claims which have occurred abroad, whether the person is abroad for a holiday, business trip or otherwise. Often claims include slips, trips and falls in hotels or restaurants, however other claims may include for example, food poisoning, road traffic accidents, accidents occurring in swimming pools or at water parks, aeroplane accidents or cruise ship/ ferry accidents.
Negligence claims abroad can be complicated so it is essential to seek legal advice. Your eligibility to make an accident abroad claim is dependent upon the small print within your holiday contract. However if no contract exists between the claimant and the responsible party a claim may still be made and the decision is made in accordance with the law of the country where the accident has taken place. You should seek assistance from our specialist personal injury lawyers who can give you thorough advice on any claim.
The amount of compensation which can be awarded is dependent upon the seriousness of the injury and so is important to seek legal advice prior to accepting any offers made by holiday companies.
For more information on accidents abroad please contact us and we will ensure your enquiry is passed on to a specialist.
If you have been in a road traffic accident, as a driver, passenger, or pedestrian and you would like further information on whether you have a personal injury claim, contact us today and we will arrange for you to speak with a personal injury lawyer in our specialist network who will strive to secure the utmost compensation on your behalf.
Compensation can be claimed for a range of personal injuries, including psychological trauma (such as fear of driving), whiplash, broken bones and fractures, tinnitus and any scarring sustained. A claim can be made for loss of earnings as a result of the accident, any care and assistance which may be required and any other costs associated with damage to your vehicle.
Accidents which may be claimed for can include, cycling claims, motorcyclist accidents, uninsured loss recovery, multi car collisions, accidents with untraceable drivers and accidents with foreign vehicles.
You have a right to claim compensation when the following factors are fulfilled, the accident occurred in the last 3 years, another person was at fault, an injury has been suffered or you have had to take time off due to the accident and if you have suffered a loss, for example due to having to replace your child’s car seat.
Individuals who participate in sporting activities have a duty of care to fellow sportspeople to take reasonable steps to avoid injury to other participants. Compensation claims can be made by both participants and spectators.
For contact sports like football and rugby, liability will occur where it can be established by the victim that the actions by the inflictor amounted to a reckless disregard to the claimant’s safety. What is required to be proven is more than simply an error of judgement as due to the nature of contact sport, unfortunately accidents do occur.
In relation to non-contact sports, for example golf or skiing, where participants suffer an injury as a result of another participant within the facility, damages can be claimed against the owners of the leisure facility, due to their failure to safeguard participants from those who are less skilled. Similarly it is essential that consideration is given to whether the accident was caused by an error or misjudgement which could not have reasonably been foreseen by the inflictor or the owners of the leisure facility.
For more information on the levels of compensation for a sports injury claim or general advice please contact us and we will ensure your enquiry is passed on to a specialist in this field.
You can make a slip or trip personal injury compensation claim where you have slipped or tripped due to the fault of another party. A claim can be intimated against the party who is responsible.
Slipping occurs when your foot makes contact with the ground but slips due to a substance on the ground’s surface. Tripping occurs where your foot is unexpectedly prevented from moving forward due to an obstruction or raised surface.
Where your accident occurred on a public pavement or road, it is generally the case that the local authority has responsibility for such areas, as they have an obligation to inspect and maintain the roads and pavements on a regular basis. You should, where possible, take a photograph of the defect and precisely note the position where the accident took place.
Spillages tend to be the cause of accidents arising in retail premises or supermarkets, and such hazards should be cleaned up by a member of staff in reasonable time following the incident, otherwise they may be considered responsible for your injury. You should always report any accident to a staff member within the premises and have this recorded in their accident book.
An individual who has been injured must demonstrate that they have not been the cause of the accident or contributed to it in any way. This could involve for example wearing unsuitable footwear or having poor eyesight. Factors such as these will result in any compensatory award being reduced.
There is not a set amount of compensation which is awarded as a result of the accident. Factors to be considered are the type of injury sustained and also the period of time it takes for you to make a recovery. You can also claim for loss of earnings and medical expenses, so you should keep a record of any receipts so evidence of losses incurred can be given.
You may have a personal injury claim if you suffered physical or mental injury as a result of crime or violence. The Criminal Injuries Compensation Authority (CICA) deals with compensation and damages claims in this area of personal injury. The minimum award which can be made by the CICA is £1000 and maximum award is £500,000. Claims can only be considered by the CICA if they are made within two years of the injury occurring and this time limit is strictly enforced.
If you are a victim and wish to make a claim to the CICA, the first step is to report any crime to the Police. You should then obtain the Police Incident number which should be passed to CICA. On making a claim with CICA you must make an effort to do all you can to help convict the perpetrator.
There are a variety of crimes of violence which qualify for criminal injury compensation, and, although in law there is no specific definition of violence or exhaustive list of crimes, some examples of crimes which are included are assault, attempted poisoning, wounding as a result of arson and injuries sustained where a person was deliberately hit with a vehicle. Compensation cannot be awarded where you have an ongoing relationship with the attacker and they are likely to benefit from your award, such as in a domestic abuse situation.
If you believe you are a victim of violence or crime and require further assistance and advice on the role of the CICA, contact us today and we will ensure your enquiry is passed to a personal injury specialist.
If you have a query or wish for some advice please make an enquiry or contact one of our offices directly and a member of our team will be happy to assist.