Both spinal injuries and spinal cord injuries can cause paralysis to the victim involved. This can cause a strain not only on the victim, but also on the individual’s close family and friends as they will need to provide aid and support. This can have a devastating effect on a range of people, and the victim may need to have home visits carried out by a medical professional, rather than hospital visits due to the difficulty of the situation.

These injuries can have a large impact on anyone who suffers from such an injury, not just physically but also psychologically as the effects of the injury last a lifetime. These injuries may arise due to a variety of different situations such as accidents on the road, at work, during conducting sports activities or even due to medical negligence.

The Compensation Given in Spinal Injury Claims

Compensation awarded for these types of claims will more often than not be more substantial than a regular personal injury claim. The compensation awarded, takes into account a number of factors in order to derive one lump sum of a monetary value, awarded to the victim at the date of trial or settlement. Pain and suffering is one factor which is taken into account. This includes any hurt the victim has been subjected to, together with the financial detriment they have suffered for lost wages or any medical expenses. In addition, future losses are also looked at, such as rehabilitation costs, the fees for nursing, disability aids and specialist equipment for the type of spinal injury incurred. These damages also look at any future loss of earnings, if the individual was in a line of work which they would not physically be able to do after sustaining the injury suffered.

As shown, there are a large amount of varying categories which compensation can be claimed for, and recovering for these requires a solicitor which is experienced and understanding in their field of work. These experienced solicitors are able to recover the full amount of compensation owed to the victim. However, a spinal injury claim will require work to be done not only by a specialist solicitor, but also by researchers and medical experts to evaluate each case on a case by case basis.

Spinal injuries can result in debilitating long term disabilities which can affect an individual for the rest of their lives. They may not be able to stay in their work, and they may require medical attention for their future. Thus, compensation for these types of claims has a more complex method of claiming than regular personal injury claims as more factors are taken into account. An experienced solicitor should be able to claim the full award of compensation owed to the victim, so that they can learn to live with their injury and recover to the best of their ability.

What Duties are Owed in an Accident

Any road user has a duty of care to avoid causing injury to other road users and pedestrians. The duty of care is not limited, and is not to say that each user has to make sure others are safe, but to prevent any injuries which could be reasonably foreseen from their actions on the road.

If an injury does occur, the injured individual may claim that the other was in breach of their duty of care. If a driver breaches statutory law or the Highway Code, this is not to say that they are completely liable for the accident which occurred as the injured could have also been in breach of their duty and partly responsible due to contributory negligence.

Can a Party be Contributorily Negligent?

Under contributory negligence, the court will look at the facts of the case and consider the behaviour of both the claimant and the defendant. The court will then apportion the damages accordingly.

Under the Road Traffic Act 1988 (“the Act”), all drivers must have at the least an insurance which covers third parties, though it is common for other road users to have comprehensive insurance. When a claimant wants to bring proceedings for an accident which occurred, their solicitor must give notice to the defendant’s insurance under section 151 of the Act. This prevents the insurance from not paying for the accident due to the claimant being in breach of their insurance policy.

If the accident requires a court hearing, the insurers will be present in the proceedings process. Car insurance policies may give the insurance company the power to defend a claim, despite whether their customer is the defendant.

What if One of the Parties Does Not Have Insurance?

If an individual does not have insurance or a hit and run accident has occurred, this can cause problems to arise if a person is injured. Usually, the Motor Insurers’ Bureau would act as a guarantor and pay damages to the individual who was injured, though they may keep the right of recovering the costs from the uninsured driver.

The Motor Insurers’ Bureau contains a fund for the payment of these types of claims, of which the money is from car insurance providers. The Act dictates that all UK car insurers must contribute to this fund. However, often it is difficult to claim as the Motor Insurers’ Bureau has strict rules and a claimant may not gain compensation due to a slight mistake whilst not complying with the relevant rules. They will research all claims made in order to make sure any payouts are kept to a minimum, usually by claiming contributory negligence.

Any individual who has been involved in a road accident should seek advice from a no win no fee personal injury solicitor; they can then be advised accurately on their case and whether any contributory negligence can be raised. This is especially relevant if a party is uninsured or has disappeared as the Motor Insurers’ Bureau will be required to be involved with the case.

Asbestos is a fibrous material that was widely used in building work between the 1950s and the year 2000. Its most common use was as an insulator and to protect against corrosion. Asbestos was mixed with other material and can be found in building products such as tiles, pipes, boilers, ceiling and door panels, window panels, roof sheeting and sprayed coatings.  

Asbestos Related Diseases

Asbestos is no longer widely used because we now know that exposure can result in various diseases. The symptoms of an asbestos related disease can take up 20 years from the initial exposure before they become apparent. The diseases are caused by the asbestos fibres being breathed in or swallowed. Whilst the body will dispose of the larger fibres it is the smaller fibres that can remain in the lungs and spread resulting in an asbestos related disease.

Common asbestos related diseases include:

• Asbestosis
• Mesothelioma (a form of cancer)
• Pleural Thickening
• Lung Cancer

Asbestos related diseases can be caused by being exposed to the smallest level of asbestos and the most common of all the above diseases is probably mesothelioma.

Those affected by asbestos related diseases are likely to be those who worked in the building trade in one form or another; however it has also affected power station workers, dockers, ship yard workers, plant workers and those working in steel mills or metal refining operations.

Compensation

If you have been diagnosed with an asbestos related disease then you could be entitled to make a claim for compensation. If you contracted an asbestos related illness through the course of your employment then the compensation will be paid by your employer. Even if your employer of the time has ceased trading, you can still make a claim against their insurance company if they are still operating. If neither your employer nor the insurance company are still in operation then you can make an asbestos compensation claim against the government.

You can make an asbestos compensation claim against as many people as is necessary, so you can make a claim against all of your previous employers provided you can show that they were to blame for your disease.

The amount of compensation you can claim will depend on the seriousness of the disease and it can be quite substantial. In addition to compensation for the diseases you can also make a claim for:

• Loss of earnings
• Medical Bills
• Prescriptions
• Medical Aids
• Care costs
• Travel expenses

Legal Advice

If you would like to make an asbestos compensation claim against your employers then you should instruct an industrial disease solicitor as soon as possible as you have to make your claim within three years of the date of your diagnosis. You can even make a claim on behalf of a deceased family member or friend provided you do so within three years of them being diagnosed with their disease.

If is important that you do not instruct any personal injury solicitor to deal with your case, but one that has experience in dealing with industrial diseases as they will need to be familiar with reading medical reports, tracing former colleagues to act as witnesses and calming for all subsequent losses.

Your industrial disease solicitor will deal with your case on a no win no fee basis. As you may be aware, this means that you will not have to pay for the legal advice you receive if your claim is unsuccessful and if your claim is successful then your legal fees will be paid by the other side (or their insurance company).

Types of claim

There are many situations which may result in entitlement to compensation, including:

• Workplace accidents – these can include obvious mishaps like falling of scaffolding or being run over by a forklift truck but can also include repetitive strain injury or illness through exposure to chemicals.

• Road traffic accidents – these include collisions between vehicles or between vehicles and pedestrians or even vehicle collisions with livestock where, for example, a farmer has failed to keep her animals secure.

• Medical accidents – these can include the wrong drug being given to patients or the right drug not being administered in time or can include mistakes in surgical procedure or treatment.

• Slips, trips and falls – these can occur in a public place such as on a pavement or in a park but can also occur on someone else’s premises such as a hotel, museum or shop.

When to act?

It is advisable to seek advice from a solicitor as soon after the accident as possible. If the claim is for negligence, which it most likely will be, then you have three years to make the claim. Waiting until the end of the time limit is certainly not advisable and the fresher things are in your mind the easier it will be to draft pleadings. Obtaining further evidence is often made more difficult by the effluxion of time and medical reports will be less useful when assessing a historic injury.

Paying for legal help

Don’t be put off by the price of legal assistance and representation. Firstly, your chances of success are higher with the help of a trained and experienced lawyer by your side. More importantly many solicitors are willing to work on a ‘no win no fee’ basis. This is also known as a conditional fee agreement and means that a fee is conditional upon success. Therefore if you lose your case then your solicitor does not get paid and the other party’s legal costs are paid by an insurance policy which you can take out. If you win your claim you are entitled to the compensation paid by the other party, who also pay the legal fees of your solicitor.

What will I receive advice on?

A solicitor can advise you on all aspects of your case as well as providing answers to any questions you have. Basic advice will cover who to claim against, what cause of action to bring, what steps to take, the chances of success, the likely outcome and whether to settle the claim out of court. In assessing the chances of success the solicitor will advise on each matter which must be proven to find liability. These matters can include whether a defendant has a duty of care, whether they have breached that duty and whether their breach of duty has caused loss or injury. After speaking with your solicitor you should, at the very least, be better informed about the available options.

Car accidents can happen when you least expect it and can leave you badly injured and severely out of pocket. They can also leave you without a vehicle which can mean a lot of hassle in doing the day to day things and can make other tasks impossible. It is a legal requirement to have insurance when driving a vehicle in England or Wales, a failure to do so can lead to a fine, points on your driving licence and possibly a disqualification. 

Why you might want to claim

If damage is caused to your car or you suffer injury as a result of an accident which is not your fault then you may be entitled to claim compensation for it. This could mean that expensive repairs or replacement part are not paid for by you and you can be compensated for any paid suffering or loss of amenity. Further you can claim the insurance excess on your policy as well as money to account for any personal property damaged or destroyed in the accident. If a replacement car is temporarily necessary or even where buses, trains and taxis need to be used you ca claim back the cost of this expenditure.

The process of claiming

Often legal assistance is part of an insurance policy, where this is the case a specialist lawyer will often be assigned to you to deal with your case. If not then it is advisable to seek legal advice from a specialist solicitor and for them to take conduct of your case. In particular if quantum need to be assessed for personal injuries suffered then the matter can become more complex and a solicitor is most certainly advisable.

It is common for cases to be settled without having to go to court. In order to be able to do this it is necessary to have an accurate and realistic idea of firstly the chances of being successful inn a claim and secondly the likely amount to be awarded in damages. It is advantageous to both parties to settle at an early stage of proceedings as costs are kept to a minimum. It is a good idea to have had a medical report where injuries are involved to assess whether any injuries could get worse at a later stage in life, if this is the case then any amount in compensation should take that into account.

In any event there is a specific process prescribed by law which your solicitor will follow. In brief, the solicitor will contact the party at fault and outline the case against them including injuries and financial loos, the party at fault, if insured, will usually hand the matter over to their insurers who can deal with the claim from there on.

Types of insurance cover

The types of cover are:

• Third party only – this is the most basic of all policies and will pay out when a driver insured under the policy is to blame, wholly or partly, for an accident.

• Third party, fire and theft – as above this policy will pay out for compensation claims made against the insured driver where injury and loss have been sustained. The driver themselves can claim on this policy where their vehicle is stolen or damaged by fire.

• Comprehensive – this policy covers a driver for all compensation claims made against them and they are able to claim on it for any damage to their car, even where it has been caused by them.

What if the driver at fault is not insured or cannot be found?

You can still make a claim against them. If they are unable to pay then the Motor Insurers Bureau (“MIB”) may be able to assist. The MIB is set us to pay compensation when an uninsured or unidentified driver causes an accident; this is paid for by all insurance companies and drives up the cost of insurance in general.

If you need help with making a no win no fee injury claim, get in touch with Lloyd Green Solicitors who provide expert advice and who have kindly contributed this post,

PPOs were introduced by the Courts Act 2003 which gave courts the power to grant claimants settlements to cover them for the rest of their lives. Two years after their introduction less than five claims were settled using PPOs whereas by the end of 2010 almost 20 claims were settled in this way. This increased trend has been driven by low interest rates amongst other factors. 

Credit rating agency Moody’s has warned that the increase in PPOs could expose insurers to inflation risks (future increases to the costs of care), tie up capital and suppress earnings. It also exposes insurers to unknown longevity risks, namely that, if a claimant outlives medical expectations insurers will have to continue to pay out, unlike lump sum settlements where if the claimant outlives medical expectations then they simply have to accept that their compensation payments will fall short.

PPOs on the whole are not a bad thing. They are particularly useful in helping claimants manage their payouts, but the downside for insurance companies is that it means they will have to deal with many long term claims.

Insurers used to pass this risk on to life insurance companies through annuities, however low interest rates have meant that this is too expensive for life insurance companies to guarantee fixed payments. Furthermore, in the UK the annuities market is restricted in that it does not cover all medical conditions, particularly those of a more serious nature, which ironically are likely to be subject to PPOs.

It is the uncertainty over the eventual costs that are causing concerns, particularly for small or general insurance companies who may not be used to dealing with personal injury claims under PPOs, whereas this is something that life insurance companies are somewhat familiar with.

The real worry is that the impact of these PPOs will not really be known until a few years down the line when it might just be too late to reverse its affects.

Although it is actually relatively simple to pursue a personal injury claim, the perceived complexity of such claims has led to a burst in claims management companies (CMCs).

Those that are thinking of using these companies should be wary of whether they are actually getting professional advice – many use ‘claims specialists’ rather than actual solicitors – and so advice can sometimes be diluted, or not be as professional as one might expect.

Problem #1: Time Delays between the Accident and the Claim

One of the biggest problems with personal claims is the time delay between the accident and the beginning of the case. Most of these claims are based on the negligence of the defendant, and so need to be pursued within 3 years from the date the injured party becomes aware of the fact that they have suffered an injury. Note that the time limit does not begin from the date of the accident, but from the date at which the claimant realises their injury.

Any claims which are pursued after this period are normally held to be invalid, as too much time has elapsed.

Problem #2: Obtaining Evidence for the Injury

One of the main reasons personal injury claims can fail is because there is a lack of evidence in proving the injury, or that the injury was a result of the defendant’s negligence. Not only will the injured party need to prove the existence of their injury, but they will also need to demonstrate the impact this has on their day-to-day life.

In order to demonstrate these things, it would be extremely beneficial if you had testimonies from eye-witnesses. In order to be able to obtain this sort of information, you would need to have taken down their details on the date of the accident. Although for most people, when the accident occurs they are more concerned with getting checked out by an ambulance and calling the police, it is imperative to also make sure that you look for any people on the street who might have witnessed the accident as well, so you can take down their details there and then.  Obviously if you are injured it is better to get checked out before you begin looking for witnesses.

If you need to prove that the injury has affected your everyday life, you may need to gain medical advice, or a medical expert’s testimony to evidence your injury. If some of the damages you are seeking are due to lost earnings, the court may require that you have documentary evidence from your employer to prove your lost earnings.

Problem #3:  Economic Issues

A third area where issues can arise concerning the pursuit of a personal injury claim is the economic strain it may place on your finances. In circumstances where the defendant denies that he has been negligent, and therefore not liable for your injuries, the claim will have to proceed to court, which can be very expensive. In cases like this, legal costs and fees can rack up quickly.

In order to avoid the legal costs associated with pursuing a claim, it is important you are aware of the different financial schemes that are available to help with such costs. Many solicitors offer services on a ‘no-win-no-fee’ basis, which provides peace of mind that should you lose the case, you will not need to pay the legal fees. Another option may be to see a solicitor who deals in publicly funded work (which used to be known as ‘legal aid’).

Internet-savvy motorists have also discovered that their company, who offered them a pricey renewal quote, are offering the same cover cheaper through price comparison sites. This is a very risky strategy for insurance companies, who are assuming that loyal motorists will accept the higher renewal quote without question/looking around. This demonstrates how little the companies are taking into consideration individual drivers’ circumstances, skills, and accidents to date.

It has been found that insurance premiums have increased by 17% in the last year alone, with insurance companies quick to offer excuses of increased whiplash claims and increased fraudulent scams.

The BBC’s Watchdog programme highlighted this ‘trick’ that insurance companies use. Interestingly enough, it is not limited to the smaller insurance companies – instead companies like MoreThan, Admiral and Swiftcover were all offenders. The programme followed a MoreThan customer who had just received a renewal quote of £750. After visiting some price comparison websites, he found the same cover, from the same insurer, for just £512. MoreThan were contacted, and when demanded an explanation, the best they could do was offer the customer the £512 rate for renewal, instead of giving any justification as to their renewal quote pricing structure.

MoreThan later spoke to the BBC and stated that they need low premiums to attract new customers, but existing customers are quoted renewals based on the risk they pose to the company. If that truly were the case, then why were they so quick to offer the customer mentioned above the cheaper renewal rate?

Another customer the BBC Watchdog programme highlighted was a customer from Admiral. Paying £1000 a year for 2 cars, he was shocked to receive his renewal quote, which required him to double his premium at £2000. Searching online, this customer found exactly the same type of cover with the same insurer for just £961. After ringing up Admiral, they again were quick to offer him the cheaper rate without fuss. When asked for an explanation for this strategy, they too attempted to give a similar justification for their pricing structure.

Having read about these case studies, it is imperative that all drivers who manage their insurance do not just accept the renewal quote from their insurance company that gets posted through the door. At the very least, customers should check online price comparison websites, to ensure they are aware of the prices their insurance company are offering to new customers. According to GoCompare, some 27% of people do not even do this small step, allowing their insurance company to automatically renew their policy at the end of the existing one. Estimated savings which drivers could have saved by not doing this reach around £3.1 billion.

Everyone recognises that with the current economic climate, companies are feeling pushed to retain their profits. However, it becomes quite unacceptable when companies are resorting to these sort of tactics in an attempt to fleece their loyal customers. It means that customers are having to work extra hard in order to spot these tactics in an attempt not to trip over them. The sheer fact that these companies are readily offering the lower, new premiums when loyal customers complain about their renewal quotes is evidence to the fact that they are just trying to rely on those that will renew automatically without questioning the raised price.

waring are an established practice which have been around for more than 15 years and a personal injury firm that has been around that long is usually a good indicator that the firm is good. This arises from the simple proposition that with no win no fee, where the law firm not only does not get paid if they don’t achieve a successful result but also will have paid out for many expensive outgoings as the case progresses such as medical experts fees, court fees and other disbursements, if a firm gets too many of these cases wrong they go out of business.

We are excited about the link up and look forward to working with Waring.

The rise of cosmetic surgery negligence cases can be explained by one simple fact – more people are having it done. However, what is more worrying are the surgeons that people are going to when having their surgery. Due to the expense involved with cosmetic surgery people are putting money before their health. As a result people are not carrying out any due diligence because they want to save money and surgeons are cutting corners because they want to make money. For example, there have been some recent cases where people are using cheaper surgeons, carrying out a variety of procedures when in fact they are only trained for one. Some people even go abroad for these treatments and it is even possible to go on a package holiday where cosmetic surgery is included.

Going abroad for cosmetic surgery can be very dangerous. As well as usual issues such as language barriers, your travel insurance is unlikely to cover you if things go wrong with your cosmetic surgery and things can very easily go wrong. There have been a number of cases abroad where it has been found that surgeons are either not qualified to do the job, their practices do not have the same health and safety standards as the UK or the surgeons are simply not competent to carry out these procedures. This has resulted in a number of horror stories from utensils being left inside bodies following procedures or unconnected parts of the body being permanently damaged.

Other common blunders by surgeons both in the UK and abroad include: failing to obtain proper consent, not taking down medical history, leaving permanent scars and asymmetrical features. In these cases, if the patient has carried out their due diligence and is not to blame for the procedure then they may be entitled to compensation. The amount of compensation varies depending on the seriousness of the negligence and the long term effects, but it can be substantial. You may be surprised to learn that on average, cosmetic surgery negligence cases are more successful than medical negligence cases, particularly in cases of breast surgery, eyelid operations, facelifts, nose reductions and weight loss.

What is important is that before a patient undergoes cosmetic surgery, their doctor carries out a psychological evaluation to make sure that the patient understands what surgery they are getting and that they do not have unrealistic expectations. Duty of care and health and safety should always be put before profit making otherwise the number of cosmetic surgery negligence cases are going to continue to rise.

If you have had a cosmetic surgery procedure which has gone wrong, there are now some specialist solicitors who may be able to assist you. However, choose carefully, don’t make the same mistake twice.