What is personal injury claims? This is an interesting question that will surely feed more information to the reader. 

The UK Law requirements need to be met in filing for personal injury claims in the UK.

First, it is important to prove the duty of care. A driver owes a duty of care to all road users like other drivers, passengers, cyclists and pedestrian. The same thing is true with the local council who is responsible for the above-mentioned people. An employer owes a duty to take care of his employees. The healthcare professionals are responsible in providing excellent medical treatment to their patients. Second, a breach of duty needs to be proven. Failure to observe traffic law is considered negligence and breaches the duty of care. Non-compliance with the law of health and safety is negligence on the part of the business owner. Wrong treatment is also considered as negligence. Third, an injury or illness arises from the mishap. Finally, causation between the breach and the damage needs to be established.  There must be a link between the two. 

The said requirements can be achieved by the assistance of a legal counsel who is an expert in this specialised area of law.

Types of Claims

What are the kinds of personal injury claims in the UK? The claim can arise from an accident which may occur on the road, at work, in public place or even in hospitals.

A road traffic collision claim compensates for the injuries sustained from an accident caused by others. A passenger, pedestrian or a cyclist can file a formal complaint against the careless driver who caused the crash.

Accidents at work can be claimed for any illness or injury that may occur whilst on duty. An employee can be eligible to seek compensation for the damaged due to the mistakes of a co-worker or an employer. The wrongdoer can be liable for the injury or illness suffered by the person.

Accidents in public claim compensates for the harm experienced by members of the public. Customers or guests can file a formal complaint against the offender. The building occupier or landowner can be liable for the incident.

Medical negligence claim is a compensation for any damage caused by healthcare providers like hospitals, doctors, nurses or dentists. They can be responsible for the injuries sustained by their patient during treatment.

These cases can be complicated and requires the expertise of lawyer, Consult legal advice from the expert.

No win no fee solicitors play an important role in claiming compensation for victims of negligence. They provide expert legal advice on personal injury claims on a no win no fee basis.

No win no fee or Conditional Fee Agreement (CFA) pertains to the arrangement between a solicitor and a client. If the case is unsuccessful, the latter will not have to pay the former but should pay for the costs of the opposing party. However, if the case is successful, the client will pay the normal fee to the solicitor plus a success fee. 

How can the client pay for the costs and fees if the case is lost? The after-the-event insurance covers for possible liability of the claimant. It is a kind of legal expense insurance policy purchased after an event. It serves as a protection for any legal costs including disbursements. 

The emergence of the Conditional Fee Agreement helps the poor in pursuing a claim even if their funds are insufficient. 

No win no fee solicitors usually recommends getting the after-the-event insurance to shield the claimant from any financial problems during the litigation process. It is necessary to discuss the details before entering into an agreement.

Responsibilities of Lawyers

No win no fee solicitors or lawyers carry responsibilities in processing the claim.

The initial interview with the client provides an opportunity for the assigned lawyer to know more about the person and the accident he was involved with. He takes note of the details like the type of accident, the kind of injury or illness, the place and time of the incident and other pertinent information. The legal counsel analyses the situation and the probability of its success. Upon careful analysis, the lawyer gathers evidence such as medical report from the expert medical practitioner, police report, statement from the witnesses, photographs and proof of financial loss. The medical report is essential in claiming for compensation. It shows the nature of illness or injury suffered by the person, extent of the pain, treatment and recovery period. This determines the amount of compensation that can be granted to the individual. The police report is needed especially in the case of road traffic collision. A witness statement can give a clearer view of the incident. Photographs of the accident scene can help in the investigation. Proof of loss of income, receipts and expenses shows the financial impact of the accident to the individual. The above-mentioned pieces of evidence are vital in achieving a successful case. 

It’s disgusting how some No Win No Fee lawyers abuse their privileges. Aware that they are the last hope of many indigent clients, they act with the expectation that they will receive royal treatment, even to the point of disrespecting their clients, as if their accepting their cases was a favor and not a job. In other words, in their illusion of magnanimity, they erroneously think that they are excused in acting rudely and arrogantly, forgetting for the moment that lawyers are obligated to treat the cases they embrace with all of their intelligence, strength, and energy no matter the financial capability of their clients. That is a crucial principle in our legal system. To see some No Win No Fee lawyers, therefore, acting the way they do is simply pathetic.

A horrid example of this indecency is to raise false hopes to the client and then invoke the principle of fallibility when these same hopes have been disappointed. Some lawyers, because they know that the claimant will shoulder the expenses in case their claims lose, abuse this rule by not taking their clients’ claims seriously enough, or only seriously up to the point that it is interesting for them. As if their claims were merely just diversions to drive out boredom. Their not receiving any hourly fees payment, moreover, they think is a legitimate excuse for them not to attend meetings or hearings punctually or decorously. All in all, the end result is that the claimant feels himself abandoned even by his own savior and that in place of security and dignity, he is subjected to fend for himself. A reluctant lawyer is no lawyer worth the name.

If ever you have experienced anything like these, then you should know that you can report such lawyers to their respective firms. These firms, understanding that their prestige relies to a great extent on the individual performances of their members, will unhesitatingly subject these errant solicitors to respective disciplinary action. If they would not, then you can contact the pertinent government agencies instead. Claiming compensation through the No Win No Fee scheme is supposed to be a special right of the poor. In case this right is not taken seriously by the people tasked to uphold them, then more than the claimant, it is society that is placed in peril.

Work accident compensation is a recompense for the injuries sustained from the negligence caused by other people. A co-worker or an employer may commit mistakes that may harm an innocent victim. This entitles the victim of negligence to file a formal complaint.

Several factors can affect work accident compensation. The award that can be granted is usually based on 3 factors: the nature of the injury, the financial loss due to the accident and the impact of the injury to the person’s life. 

The type of injury is assessed properly. It takes into account the severity of the pain, its symptoms, the duration of the pain, treatment, and recovery period.  The seriousness of the pain is evaluated if it’s mild, moderate or severe condition that affects the upper, middle or lower extremities of the injured person. A medical statement is essential in proving the damage caused by the mishap. The financial loss experienced by the person is evaluated based on the loss of earnings and expenses incurred due to the injury. A proof of loss of earnings, receipts and other pertinent documents are necessary in proving the validity of the claim. Another important consideration is the impact of the injury to the individual’s normal activities. An analysis on the individual’s work, interests and hobbies are considered.

Awarding of the Claim

The kind of injury or illness, financial loss and effect of the accident are analysed carefully in awarding the work accident compensation in the United Kingdom. Aside from this, an employee needs to consider other factors that can influence the level of the award.

In bringing a claim for work-related injuries, the individual circumstances are taken into consideration. The impact of the illness or injury is different from one person to another. This is the reason why age, gender and personal attributes are assessed. 

Both quantifiable and non-quantifiable losses can be compensated from work-related accidents. Special Damages pertains to the financial losses which includes medical and care expenses, loss of earnings, travel expenses and miscellaneous expenses. The non-quantifiable part or General damages compensates for the pain and suffering endured by the victim.  This includes the pain, suffering and loss of amenity, handicap in the open labour market, loss of employment opportunities, loss of enjoyment of life, loss of prospects, disfigurement, loss of reputation and emotional distress. Presentation of evidence is important to achieve a favourable result. 
 
In order to attain the right amount, it is necessary to consult legal assistance from an expert lawyer who specialises in work-related accidents in the UK.

Why would a victim of an accident deserved to be awarded an injury at work compensation?

Well, simply because he is an employee who has been injured at work because his employer failed to consider his health and safety.

For instance, one worker was hurt because of lack protective equipment and the other worker was injured because of defective machinery.

Let’s go on to the details and find out why they deserved to be compensated.

The first worker sustained burns and eventually left scars on his arms and leg because his employer failed to provide him quality protective clothing. Not only that – he was not given proper training on how to use the protective gear. Another thing is that his supervisor did not orient him that the task assigned to him is too risky. He could have resisted it because it may endanger his life. True enough, he was badly hurt because the gear snapped. 

Moving on to the second case, a worker was hurt because of the faulty machine which was not fixed immediately. First, he was not informed that it was defective. Second, he was not given sufficient training on how to use it properly. Third, he was having a hard time proving that it’s not his fault.

Two cases which have a common denominator. Both were injured due to someone’s mistakes. Different scenarios, different kinds of injury, different intensity of pain, but both of them have the same right to claim for injury. It’s because they were injured in the workplace caused by others. A greater weight goes to the business owners who are supposed to protect their employees. 

These people are suffering from pain and financial setbacks that affects their daily lives. They deserves to be compensated for their loss, pain and suffering. It’s not only the physical pain but also the emotional stress and financial impact of the accident that should be compensated. It cannot really bring back the loss but it can ease the pain and alleviate the burden they carry. They both deserve injury at work compensation.

A typical bachelor enjoys his freedom. It’s freedom to do almost everything in life. He spends time with his family, friends, work, travel, hobbies and interests. Quality time with his parents and siblings are the most enjoyable moments in life and a time with wacky friends are the most exciting part of his life as a single. Travelling from one place to another is an adventure he always looks forward to whether it is by land, sea or air. Engaging in his favorite sports and other hobbies diverts his attention from getting bored.

But what if one day he cannot fully enjoy his time with his family, friends, work and hobbies due to an accident in the workplace? A co-worker was careless and unmindful that is why he is suffering from an injury. He is not supposed to be in the hospital suffering from an unnecessary pain that limits his movement and incapable of going to work. The injury prevents him from going to work and affects his daily activities. He can’t come to work and fulfill his duties. As a result he has been absent for a couple of days and still counting. Travelling to different places is now replaced by regular trips to the GP and hospital for check-up or treatment. Buying a gadget is now the least priority because medicines and stuff needed for the injury is more important so that he can go back to his “normal life.” Bills and expenses are overwhelming. How could he pay for it when his wallet is running out? Good thing that accident compensation covers for his loss, pain and suffering. Well, an injured person like him deserves that compensation especially if he is a victim of an accident. This can help him recompense for his pain and suffering and cover for the expenses due to the mishap. He can replenish the costs he incurred from his medicines, medical treatment, and cost of care, travel expenses and other expenses. No one can really bring back what was lost but somehow it can lighten his burden.

The Extra Mile
Rigorous preparation, while it can facilitate your work accident claim, is nevertheless not enough to win it. Aside from planning well, you will need the discipline to execute your plans, as well as the persistence to keep on pursuing them in the face of obstacles. Successful claims, just like any other successful endeavor, is the combined fruit of energy, ingenuity, and money. Knowing what to do, but not having the will to do it will lead to disaster; knowing what to do, and striving to keep on doing it even in times of great stress will lead to victory, sometimes even to great wealth and heroism.

What does this mean for you as a claimant? To begin with, it means that you must be prepared to work with the idea that all you will be doing will be rendered nugatory if they do not produce the ends you desire. In other words, you will need to adopt a results-based approach. If what your lawyer told you, for example, is that you need to provide a copy of the Accident Book, but your employer does not allow this piece of document to be removed from the office, then far from returning forlornly to your lawyer, you should grab a pen, tear a leaf of paper, and start copying manually. Serious and inspiring acts of perseverance such as this is the secret to a winning claim.

Meeting Exigencies
Let times of crises bring out the best in you. In demanding a work accident claim, for example, your mindset should be geared towards securing results. Unfortunately for many first-time claimants, they think that claims are decided based on who did the steps on the claiming process or not. This is erroneous because the contest is not so much a competition between who obeyed it or not, but who among the claimant and the defendant obeyed its steps better. For example, the question is not so much who presented articles of evidence or not, but who, among the claimant and the defendant, presented more credible, recent, and trustworthy articles of evidence. The point is that since this is the kind of standard the courts will apply, you will need to secure results in order to beat the defendant.

By results, we mean the different objects you will need to win your claim, such as testimonials, documents, a good lawyer, and a good argument. You should strive to secure them, in other words, and never stop until you do. Even if it means staying up late, paying extra fees, taking an extra job, or entering foreign cities, you should strive for results because they are your artillery, the power of which will determine the difference whether your case will win or lose.

They say that a little bit of knowledge is more dangerous than no knowledge at all. The problem with people knowing 5 percent is that they start making up the rest of the 95 percent.

As a lawyer, this is the problem I face all the time with clients who like to conduct their own research about their cases. This makes my giving them personal injury claim advice tougher because they can muddle up any strategy or procedure.

I would like to be clear that I do not mind a client who asks a lot of questions. In fact, I prefer one who asks questions because I know where they are coming from. And when I know more about what they want, I can guide them to get it.

The clients whom I find difficult to deal with are the “know-it-alls,” the people who think they are better lawyers when all their exposure to the law is reading up on a few articles in the internet or watching several seasons of law programs on the television.

It is these people who are a danger to themselves because not only do they ignore any
personal injury claim advice I give them, they unexpectedly decide to do something outrageous without consulting me in the first place.

One of the biggest problems I face with stubborn clients like these is that they sometimes decide to sign an agreement when a little money is thrown their way by the other side.

For many, twenty thousand quid sounds good, the agreement my clients end up signing may state that they are admitting that the accident was their fault in the first place.

And while the current claim may be settled, it opens them up to future litigation. One example is if other people happen to be injured in the same incident, my clients now become liable for their compensation.

To avoid any problems, I advice clients to listen to the personal injury claim advice their lawyers give them. If they do not trust their lawyers enough to listen to them, then they should change lawyers and get someone they will listen to.

What is the best thing to do in case of an accident? Personal injury specialists provide ideas on how to deal with accidents.

Accidents are really surprising. The best thing to do in case of an accident is to stay calm as much as possible. Although it is easily said than done, it is really effective in dealing with the situation. This is applicable whether the accident occurs along the road, in public place, at work or in a hospital. 

In case of a car crash, check if there are injured people in the vehicle. Call the police and ambulance immediately. If a mishap happens in a public area, remember to inform the council, land occupier or shop owner. In case of an accident in the workplace, report the incident to the supervisor and record it in the Accident Book. An employer should have an Accident Book containing injuries and dangerous occurrences in the workplace. If it is a medical negligence case, discuss it with the healthcare provider who was responsible for the injury. Most importantly, seek medical attention from an expert medical practitioner regarding the injury or illness. If possible take pictures of the accident scene to serve as a proof in making a claim.

5 Types of Accidents

There are 5 most common accidents in the United Kingdom according to accidentsdirect.com. 

1. Road traffic accident is a usual occurrence in UK. Many people are injured due to an accident involving a car, bus, taxi, motorcycle, train and other vehicles. A passenger, driver or pedestrian may be injured due to the mistakes of other people. 

2. A whiplash may arise from a car crash. Whiplash occurs when the neck abruptly moves beyond its normal range. It is usually associated with a collision but it can also be sustained from engaging in contact sports, falling from height and other factors.

3. Accidents in public may happen in a shop, restaurant, park, school or in any public area. A customer, guests or members of the public may be injured whilst inside in public area. Slips, trips and falls are usually the cause of injuries suffered by the victims.

4. Medical negligence or clinical negligence is malpractice committed by healthcare providers like hospitals, GPs, surgeons, nurses, and hospital staff. A clinical negligence can be due to a misdiagnosis, delayed diagnosis, wrong treatment, and prescription of drugs.

5. Accidents at work arise from the negligence of a co-worker or employer. Injuries can be sustained from using faulty equipment, lack of training or manual handling.