August 22, 2014

How to Have a Pain-Free Personal Injury Case


If you’ve had an accident at work and you feel like you deserve compensation, it can be a daunting thought going up against the business you work for. You may be worried that no one will believe you, or that you might lose your job? But it is important to remember that you coming forward could prevent the same thing happening to someone else – and they might not be as lucky as you.

Can you prove the accident happened?

Were there witnesses who will be willing to say that they saw the accident happen? Perhaps there are cameras in operation within your workplace? Any evidence that you can provide will strengthen your claim. If you think in time, it might be an idea to take a photograph of anything that could prove that it was an accident – e.g. any missing or faulty safety equipment.

Can you prove it was as a result of someone else’s negligence?

If you can provide documentation that contradicts the reason for your personal injury claim that will also help. So for example if your contract states that  you should be allowed a certain amount of breaks per shift, and you weren’t allowed a break (which resulted in tiredness and then an accident) then this will support your claim. Anyone willing to act as a witness that you weren’t allowed a break will also help. If there are any safety signs such as ‘hats must be worn’ and you weren’t provided with a hat, get proof of this.

Get proof from your doctor

Arrange to see your doctor as soon as possible after the accident takes place so any injuries can be correctly diagnosed. If of course your accident is severe and you are taken to hospital, they will have records of times, and a description of your injuries.

Why do I need so much evidence? The main thing to remember is that a claim needs evidence to prove that the accident happened, and that it was not your fault. Anything that you think could strengthen your claim should be done as this could be the difference between getting compensated or not. This injury could mean that you are not able to work for a long period of time, and the money you receive in compensation is to cover this.

Who should I contact?

If you think you’ve got a claim you must contract an injury claims professional such as First Personal Injury accident claims solicitors who will be able to guide you through the process. Many injury lawyers work on a no win no fee basis meaning that you have nothing to lose, yet you could gain the money you deserve as a result of some else’s incompetence.

Suing the NHS


Medical professionals owe a duty of care to their patients and when this duty is breached, and the standard of care provided falls below an adequate level, then it is only right that patients are able to claim compensation. When a medical professional working within the NHS makes a mistake which has a severe impact upon a victim’s life then it is important that the victim can be compensated and that the NHS can learn from their mistakes and stop them happening again in the future.

Many people considering suing the NHS might worry that the medical professional who was responsible for the negligence will face disciplinary action. Often, however, this will not happen and this needn’t be a concern. Moreover, some critics argue that it is unethical and morally wrong to sue the NHS. Nevertheless, if a patient suffers injury due to the fault and negligence of a medical professional who should be ensuring patients’ safety and wellbeing, then surely it is right that the patient is able to claim reparation for the wrongs and injustices they have suffered.

If you have been a victim of negligence and substandard care at the hands of medical professionals, then you may be thinking about suing the NHS and claiming compensation. The team of medical negligence experts at Bolt Burdon Kemp solicitors have a great deal of experience bringing claims against the NHS for a variety of mistakes and incidents including misdiagnosis of cancer, failure to provide treatment and birth injuries. Their team of professionals are experienced dealing with sensitive issues and will compassionately and sympathetically progress your claim.

The aim of compensation is to put a victim back into the position they would have been in if the negligent treatment or mistake had not occurred. Compensation can be recovered for injury and suffering and also for financial losses resulting from being unable to work or the costs of treatment. Solicitors at Bolt Burdon Kemp can recover compensation for their clients on a no win no fee basis and they fully understand the aftercare and rehabilitation which may be required after an accident or injury.

Understanding your rights if you’ve been hurt as a result of medical treatment


Every day in the UK, a number of people are hurt as a result of medical treatment that goes wrong. But what are your rights if this has happened to you or a member of your family?

Risks with medical treatments  

The issue of sub-standard medical care has been the subject of recent press attention following the public inquiry into the poor standards of care identified at Mid Staffordshire hospital.

However, problems have also occured at GPs’ practices, in nurse’s rooms, at dentists and many other healthcare facilities. There are few medical treatments that can be considered risk-free, and if medical professionals responsible for treatments fail to provide a good standard of care while carrying them out, the chances of something going wrong may be significantly increased. 

 What is medical negligence?

Medical or clinical negligence is the term used for incidents in which a patient has been injured or death has occurred as the result of sub-standard care from a medical professional.

Examples of clinical negligence may include:

  • making a mistake during surgery
  • making an incorrect diagnosis
  • prescribing the wrong medication or an incorrect dosage
  • failing to provide necessary treatment
  • failing to obtain consent for providing a treatment
  • failing to advise about the risks of treatment carried out.   

Medical professionals may include:

  • GPs
  • Private doctors
  • Surgeons
  • Nurses
  • Dentists
  • Midwives
  • Osteopaths
  • Mental health professionals
  • Opticians
  • Ambulance teams.

 Medical negligence claims  

If you have been hurt as a result of medical treatment that was negligent, you may be able to make a claim for compensation.

There were 13,761 medical negligence claims made against NHS trusts between April 2011 and April 2012, according to figures from the NHS litigation Authority (NHS LA).

Claims have been for sub-standard medical care that has resulted in:

  • Birth injuries to infants
  • Still births
  • Injuries during surgery or procedures
  • Contractions of MRSA and other infections
  • Damage or pain from anaesthetic errors
  • Psychiatric problems
  • Effects from neglect

Your rights

If it can be proved that you or a member of your family has suffered medical negligence you have a right to claim against the medical professional responsible.

Claims should be made within three years of the medical negligence occurring, or from the time you first had knowledge that malpractice had occurred. Exceptions may be made for claims for children, or patients that have suffered mental incapacity.

You should receive compensation relative to the extent of the injuries and pain suffered and the consequences, and to help recover any financial expenses you incurred. These may be related to loss of income, the cost of resulting medical conditions and prescriptions, care costs and legal expenses.

 Making a claim

 Personal injury solicitors can help you understand if you have a case for a claim. Choose a member of the Association of Personal Injury Lawyers to find a suitable solicitor with the necessary accreditations and specialist expertise.

Essential Advice for People Involved in a Road Traffic Accident


Being involved in a road traffic accident can be a truly harrowing experience. Assuming that there are no fatalities or injuries that require immediate medical attention, there are a number of steps that you must follow if you are involved in a road traffic accident.

Exchanging information

While being involved in a road traffic accident can be a traumatic experience, it’s important to regain your composure as soon as possible. When involved in an accident, you are legally obliged to exchange certain pieces of information with the other driver. This is extremely helpful, especially if the other driver is at fault and you plan to pursue a claim against him or her.

After a road traffic accident, give your vehicle registration number, name, address and telephone number to the other driver involved in the incident. If, for some reason, it is not possible to exchange this information at the scene, the accident must be reported to police as soon as possible, within the next 24 hours.  

Establishing liability

In some cases, it may be obvious who is at fault for the traffic accident in question. This is not always the case however and that’s when insurance claims can become fraught with difficulty.

If there is no immediate admittance of fault from either party, it’s important to collect as much evidence as possible from the scene. As well as taking down information about the other driver, take down the names, addresses and telephone numbers of any eye witnesses to the accident, while also considering taking photographs with your camera phone.

The golden rule is to simply collect as much relevant information as possible before leaving the scene. While there may be no admission of guilt from the other driver, this evidence could prove extremely useful when your insurance company is investigating the claim.

Complications

Pursuing an injury or insurance claim for damage caused to either you or your vehicle is not a straightforward process; even if there is an admission of guilt from the other party, cases can really drag on. If you sustain a personal injury during a traffic accident, for example, the other driver is legally obliged to produce a valid insurance certificate.

If they refuse to however, or flee the scene, then you must pursue other means of obtaining this information. In such a scenario, taking the vehicle registration number is critical. This number can be handed over to police, who can trace the vehicle and insurance company on your behalf. This is not always an issue which is resolved quickly however.   

 Pursuing your claim

If a person does not respond to a claim letter which holds them liable for damages that occurred as a result of their negligence, there are a couple of options for pursuing your claim.

If you have fully comprehensive insurance, your insurance company will pursue the claim on your behalf. If you have no insurance, or only have third party insurance however, your best course of action may be to pursue the claim for yourself. This is when engaging a firm, such as Injury Lawyers 4U, could be your best course of action.

Allowing fully qualified professionals to manage your claim will help to ensure that you receive all the compensation that you rightfully deserve if you’ve suffered an accident that was not your fault.

How to identify the best injury lawyer


Everybody has seen the myriad of adverts for personal injury lawyers on daytime TV and many people don’t pay attention to them. But, if you are unfortunate enough to have an accident, you will need to find an injury lawyer–but how do you separate the wheat from the chaff?  With all the choice available, how do you actually find a decent lawyer to represent you and ensure that you get the compensation you deserve? There are some things that you can look out for, and here we will run through a few of them.

Experience

One of the easiest and best things to look out for is how experienced your lawyer is. You should probably avoid a lawyer that looks like they have just stepped out of law school, as they often won’t have enough experience to do your claim justice. Don’t be afraid to ask how many years they have been in practice and what percentage of their cases are personal injury cases. You want a lawyer who has been practicing long enough to know what they’re doing.

Recommendations

One of the best ways to find a decent lawyer is to ask friends and family for any personal injury lawyers that they can recommend. Going through a court case can be a long and stressful process, so you will want to be dealing with someone that you can get on with and that you can trust – a personal recommendation is one of the few ways that you can be really sure of this.

Shop around

The person that you are and the case that you are about to undertake will determine the exact lawyer that you need; there is no exact science. The best thing to do is to shop around. Visit a few different lawyers and sit down and talk to them – you will soon find the lawyer that you are most comfortable with, and this is important. Alternatively, you may be motivated by price, in which case they lawyer offering the best deal may be the one to go for. Again, look for experience whichever one you choose.

Choosing a lawyer is not an easy thing to do if you don’t have anyone to advise you. Most importantly they must inspire confidence in you that they know what they are doing and they will be able to get the settlement that you deserve. At the end of the long and lengthy process you want to win above all else, as well as get the compensation you deserve.