Posts Tagged personal injury compensation

Guide to Hit and Run personal injury claims

Posted by in Uncategorized on February 7th, 2010

If you have been the victim of a hit and run accident where the other party is unidentified or untraced the MyClaim personal injury team can help you secure the personal injury compensation you deserve.

The second motor insurance directive (84/5EEC) stated that each member state of the European Union was required to set up or authorise a body charged with the task of compensation at least up to the minimum limits required to damaged property or personal injury caused by an unidentified vehicle or uninsured vehicle.

For those people who sustained personal injuries and losses as a result of an unidentified driver they would ordinarily have no way of gaining compensation. There is however the Untraced Drivers Agreement 2003.

When making a claim under the Untraced Drivers Agreement the applicant needs to comply with certain conditions.

The agreement applies where the death or bodily injury to a person or damage to any property caused by the use of a motor vehicle on a road or other public place in Great Britain and if the applicant cannot identify the person who appears to be liable.

The accident must have been reported to the police within 14 days. If the claim is limited to property damage only it must be reported within 5 days of the occurrence of the accident.

Satisfactory evidence (such as a crime number) must be produced when making the application to the Motor Insurers Bureau.

Time limits also apply to Untraced Claims. If an applicant is to stand any chance of recovering compensation the Motor Insurers Bureau must be notified within a period of 3 years from the date of the accident. Like all other personal injury claims the Claimant/Applicant will be stature barred if a claim is not made within this time frame.

Where possible photographs of the accident scene should be taken and the names and addresses of any witnesses should be noted down.

In respect of funding, costs are limited to a contribution only from the MIB. On this basis a Conditional Fee Agreement (No Win No Fee) cannot be entered into. Hit and Run claims are generally conducted under a contingency fee agreement whereby a percentage of the damages awarded is retained as costs.

If you are involved in an accident whereby the Defendant was driving a stolen vehicle and failed to stop, an application should be made to the Motor Insurers Bureau in accordance with the Untraced Drivers Agreement.

If the vehicle is stopped and the driver identified, the registered insurers of the vehicle are still obliged to compensate the victim.

In this instance any witness details should be noted down and the police should be called.

Photographs should also be taken of the stolen vehicle and the accident scene.

The MyClaim personal injury team have over 20 years experience of handling these claims. If you have been the victim of a hit and run accident please contact us by filling in the online claim form or by calling our 24 hour helpline on 0800 731 2586.

Damian Horan works for MyClaim, experts in personal injury advice and claim handling.

Article Source: Guide to Hit and Run personal injury claims

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What Does the Year Ahead Hold for Personal Injury Compensation?

Posted by in Uncategorized on February 7th, 2010

It is at this time of the year that we look forward to the year ahead in both our personal and professional lives. So what does the year ahead hold for the world of personal injury compensation? Well let’s look at the statistics for 2009 just released. These figures cover the Republic of Ireland but highlight certain trends that are sure to be reflected in the UK as well.

The number of compensation claims as a whole rose by 5 percent during the whole of 2009, with the vast majority of personal injury claims still coming from road traffic accident injuries. A staggering 72% of cases involved automobiles in some shape or form.

Although the rise in personal injury claims for car accidents is recently being blamed for a rise in car insurance premiums, this is somewhat of a myth. The average amount awarded in car injury compensation is around £2000. The repair costs to the cars is usually somewhat above this and so we can therefore deduce, that it is the rise in the price of car repairs that is actually pushing up insurance costs.

Like everything else in 2009, the recession hit personal injury compensation too. The number of work-related injury claims decreased last year, most likely as a direct result of less people being in work. The number of these types of claims is set to plateau in 2010 as the global economies slowly begin to lift themselves out of recession.

New legislation set to be introduced in 2010 is set to have an impact on compensation claims. The British Government has announced a scheme to compensate victims of terror abroad, as at the moment compensation is only available to victims injured or killed on British soil. The scheme is set to work like the criminal injury scheme and will apply retrospectively to attacks since 2002.

Ashley Ainsworth are personal injury specialists with well over 10 years experience in the field.

Article Source: What Does the Year Ahead Hold for Personal Injury Compensation?

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Great Tips in Finding a Good Minnesota Car Accident Lawyer

Posted by in Uncategorized on January 2nd, 2010

Physical injuries caused by road accidents can be very expensive to treat. This is because most of the time, it’s not just broken bones or wounds that need to be treated; head trauma or head injury, which are one of the most common injuries involved in car accidents is also one of the most expensive. Apart from that, missing out on work adds to the cost of it all! So when it comes to personal injury during car accidents, it is only right that victims pursue their claims for damages and compensation. For those living in Minnesota, I have great news for you! Finding a good Minnesota car accident lawyer just got a lot easier. What to learn how? Read on and find it out for yourself!

Because of the high cost of getting legal counsel for personal injury compensation involved in car accidents, most victims would usually settle for what the opposite party can offer them. And unfortunately, the offer is not that much – sometimes even barely enough to compensate for all the damage caused by the accident. In the end, even though you did get a bit of compensation, you end up still in the losing end. But now, you can finally say goodbye to these because there is a group of Minnesota car accident lawyers that can offer you affordable legal services that will sure to get you that compensation you deserve.

And where can you find such services? For the best legal advice and the most competent court representation, you can get it here at TSR Injury Law. This law firm is dedicated to giving car accident victims the best compensation deal through court. These Minnesota car accident lawyers have been giving expert and legal advice to many satisfied clients for several years and are continuing to face the challenge of new cases. Their lawyers are known to be one of the best in the state and have years of experience to back them up in every case that they handle today!

TSR Injury Law can be easily reached through their website where you can give your inquiries through electronic mail. Apart from that, you can also find their complete contact details online. These Minnesota car accident lawyers offer a fee online case review where clients have the opportunity to ask basic legal question regarding their case even before they hire them of their services. Apart from that, their website also features several updated articles on the latest laws involving compensations form car accidents and can answer some of the most frequently asked questions on related cases.

TSR Injury Law is sure to give you the best legal counsel in every case. They offer their services at affordable process without sacrificing the quality of their service. So what are you waiting for? Visit their website today to get their contact number. You’ll never know when you will need a Minnesota car accident lawyer. And when you find yourself in the middle of a road accident, then you’ll know who to turn to!

Becky Canada is author of this article on Minneapolis Car Accident Lawyer.
Find more information about Minnesota Car Accident here.

Article Source: Great Tips in Finding a Good Minnesota Car Accident Lawyer

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Making a compensation claim after suffering an injury

Posted by in Uncategorized on October 13th, 2009

Every day in the UK, people are hurt in accidents that could have been avoided and that are just not their fault. It is frustrating and heartbreaking to suffer pain and ill health, particularly when there was nothing you could do yourself to avoid the accident or incident. It is even worse to lose a loved one to someone else’s negligence.

Although people worry that we’re living in a “compensation culture”, if you are suffering pain or an illness or injury has had a major impact on your life then you deserve to be compensated for it if someone else was to blame. Your accident could have been caused by an individual, an employer, a healthcare professional, a supermarket or business, or a local council – it doesn’t matter. If you can prove that they were to blame for your injury then you should be able to use a no win no fee solicitor to claim personal injury compensation. Compensation that can help you rebuild your life by paying your expenses, making up for lost earnings, paying for medical treatment and giving you a quality of life.

When you are in pain or you are stressed worrying about how you are going to provide for your family, the last thing you need to worry about is trying to build a case for your personal injury compensation claim. By far the easiest thing to do is to consult a specialist personal injury lawyer who has expertise in your type of claim. They should be able to work on a no win no fee basis (conditional agreement), reducing the financial risk to you, and they will be able to build the case on your behalf.

It is essential that you seek legal advice as soon as possible after your accident because many types of accident need to be claimed for within a certain time period and also because your case will be easier to build if you can gather “fresh” witness statements and you still have all the documentation needed to support your case.

You will need to prove that the accident caused you an injury and that it was not your fault.

Here are some examples of things you may be able to claim personal injury compensation for. It is not an exhaustive or detailed list, so if you do not see your type of accident on here you should still seek legal advice.

Work Accidents – Examples include being injured by faulty machinery, pranks at work, burns or being exposed to hazardous substances.
Industrial Disease – There are many diseases that can be caused by a person’s job or work environment and these include RSI, deafness, Vibration White Finger and asthma.
Medical Negligence – This can include misdiagnosis, carelessness during surgery, a delay in diagnosis and birth injuries.
Road Traffic Accidents – Car accidents, motorbike accidents or accidents involving cyclists or pedestrians.
Bus passenger accidents – These can be caused by driver error or by another road user.
Slip, trip or fall – This includes falls from heights, falls off vehicles, slipping on a wet floor and tripping over obstacles.
Defective product – Defective products can cause injury and out-of-date products can cause illness.
Holiday accident or illness – This includes personal injuries like holiday makers becoming ill with food poisoning because of poor hygiene..
Dog attack – This can include being attacked by a “dangerous” dog or being bitten by a dog who should have been under control.
Sport injury – Examples include a footballer being attacked by another player or a spectator being hurt by a stadium collapsing.
Criminal injury – Injuries which happen as the result of some type of crime.
Discrimination – There are many types of discrimination which can lead to people being treated unfairly in the workplace, including age, gender, sexual orientation, race and religion.
Unfair dismissal – If you have been dismissed from your job with no good cause or without the proper procedure being followed.

If you have been affected by any of these, you should seek legal advice as soon as possible to get the ball rolling. A specialist no win no fee personal injury solicitor will be able to offer you advice on your individual circumstances, build your case and give you a higher chance of success.

Make a compensation claim today on a no win no fee basis.

Article Source: Making a compensation claim after suffering an injury

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What Injuries Can I Make A Personal Injury Compensation Claim For Following An Accident On A Buildin

Posted by in Uncategorized on August 18th, 2009

Personal injury is an injury to the body, emotions or mind rather than any injury to property. Personal injury claims refer to the case filed by the person known as plaintiff against the defendant in order to get assistance by him on any physical or psychological injury caused by the negligence of the defendant and causing harm to the claimant.

Numerous situations can be there for which you can get these claims: hit by a car, slip in front of somebody’s house due to icy sidewalks, fall down in the gutter, or bitten by anyone’s pet. As all these incidents caused a sort of harm to you, you can demand personal injury compensation claim if you can prove your case in the court.

Similarly, building sites are also a place where many accidents take place and you can claim compensation for your injuries. They are a dangerous place and it is the duty of the owner to ensure the safety of people among his foremost priority agenda. He has to ensure that people are safe and protected around his building site. Some of the most common accidents that take place on these sights involve people falling off from heights, losing balance or slipping, electric shocks, or getting hurt by some machinery or tool.

If it was not your fault, you can claim for any type of accident, especially if it can be proved that someone has been negligent. It is of vital importance for you to prove that any damage, disease or infection that you have acquired from any building site has been due to the carelessness of the employer. For some injuries, you make a personal injury compensation claim following an accident on a building site, which can be back pain due to lifting heavy objects. This could get you a few days off to recover.

If your job involves lifting of heavy objects, your employer should have provided you some proper training to carry out this task safely without hurting yourself. The use of dangerous machinery can also inflict some injuries to you. Defective scaffolding can also hurt you, which is again due to the negligence of employer or the people hired by him. Scaffolding collapses are a common happening.

If they are not constructed well or are not checked regularly then you may be able to claim for compensation. Falls from roofs and ladders, broken or defective safety harnesses, fires and explosions, electric shocks and insufficient training for the assigned task can also be some other reasons for which you can make a personal injury compensation claim.

If you face other hazards at work like obstructions in the pathways, stairways and floors etc and suffer an injury; then again, on proving the employer careless, you can make a claim. Accidents are also sometimes caused by construction debris left in heaps on working sights. Unsuitable protective clothing and safety apparatus can make you suffer as well.

You may get burns and chemical injuries. Work related upper limb disorders (WRULD) and repetitive strain injury (RSI) are also some diseases for which you can make a personal injury claim. Thus, following an accident on the building site, there are several injuries for making a personal injury compensation claim provided it was not your fault.

You have the right to claim personal injury compensation, contact an injury lawyer today for advice.

Article Source: What Injuries Can I Make A Personal Injury Compensation Claim For Following An Accident On A Buildin

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What Injuries Can I Injury Compensation Claim For Following Injury Caused Through Gross Negligence?

Posted by in Uncategorized on August 17th, 2009

Sometimes the individuals become victims of personal injuries due to gross negligence of the doctors, nurses, hospitals administrative staff, and pharmaceutical dealers. If the doctors, nurses and other paramedical staff don’t follow the right path, the patients have to face more risks and their lives may be endangered. When paramedical staff is involved in medical malpractice, which may endanger the lives of the patients, the victims of personal loss may go for personal injury compensation claims due to gross negligence against the medical staff.

The patients may make personal injury medical compensation claims by hiring some personal injury attorneys when the doctors, nursing staff and pharmacists are liable of gross negligence, endangering the lives of the patients. Therefore, you may make compensation claims if you are under treatment of the doctor and surgeon, causing the serious kind of personal losses or injuries.

You may charge the doctors or substandard Medicare of the hospital and clinics for which you have valid personal injury compensation claims. If you hire some professional personal injury solicitor, he will help you to ask the hospital or doctor for reasonable compensation worth according to the laws of the state.

If you have some know how about the personal injury law of your state, you will have to get consultancy services of the solicitor who may prove your compensation claims as valid in order to win the case. Commonly, in the cases of personal injury compensation claims, which are caused by gross negligence, the responsible institutes or individuals try to settle all the matters as they don’t want to defame their reputable status in the public place.

Your personal injury medical solicitor can suggest you what compensation worth should be suitable for the settlement of all issues after completing all paper works. If the hospitals, doctors and nursing staff have medical malpractice insurance, they may protect themselves against any kind of personal injury medical claims.

If the medical practitioner or hospital staff’s insurance is expired, the attorney of your medical personal injuries may go ahead for the doctors’ assets. However, keep in mind, your personal injury compensation can’t help you if you are injured so seriously. It is however, noticeable that how the medical community due to their ignorance and negligence may lead towards worst conditions along with negative publicity.

If you have personal damages, including physical as well as financial ones, your compensation amount may help you when you show all evidences in the form of documentations like medical reports and medical bills. If you are using some products for multiple purposes, manufactured by some companies, you have to face some personal injuries due to the fault in the products or gross negligence of the manufacturers or dealers of the products. However the best way for getting injury claims is to contact injury lawyer.

They generally don’t warn you about some defaults in the product, you have all rights to make personal claims against the manufacturing brands for the losses which you have to face. In the similar way, if you are injured by some road accident taken place due to gross negligence of the bus or car drivers, you may charge them for desirable personal injury compensation worth by taking legal proceedings.

David Halbert is a injury lawyer. You have the right to claim personal injury compensation, contact an injury lawyer today for advice.

Article Source: What Injuries Can I Injury Compensation Claim For Following Injury Caused Through Gross Negligence?

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What factors affect Personal Injury Compensations?

Posted by in Uncategorized on August 9th, 2009

The amount of personal injury compensation will depend on different factors but mostly it will be based on your medical bills in the past and the future.

Personal injury compensation factors in what the person have lost and will lose because of the injury.

This will involve putting a dollar value to things that are not monetary in the first place. A great example for this is pain and suffering. How do you put a monetary value on that?

Insurance adjusters and the courts usually have their own formula on how they compute a value for non-monetary factors.

One thing to remember about personal injury compensation is that personal injury compensations for each person have no general worth.

It will be different for each person because there are many non-monetary factors that affect the final amount that you and the insurance companies will agree in.

To have a rough idea of what you are entitled for your personal injury compensation, the most important thing to keep in mind is “what are the liable parties’ responsibilities to you?”

• First of all, all expenses that are related to your injury must be paid by the liable party. This should include medical bills that you or your insurance company paid for, and lost income because of the injury.

• Next to be considered is the pain and suffering that was brought by the injury. This will include pain and suffering that you have already experienced and those that you may experience in the future.

• Emotional distress and damages will also be considered especially for missed experiences whether educational, social or family related.

How the type of injury affects Personal Injury Compensation

The type of injury a person sustains will also affect the amount he/she will receive from insurance companies.

The basic rule is greater injuries will result to more expensive treatment therefore resulting to greater damages.

Non-severe injuries like bruises, sprains, scrapes and scratches will probably get you compensation for your medical bills.

However, those types of injuries will probably not fetch anymore other than that. Do not expect any punitive damages to be awarded for those types of injuries.

What insurance companies fear are hard injuries. These includes broken bones and head injuries.

Head injuries are very unpredictable that is why even the slightest head injury can increase the amount of compensation you can receive.

As a result of its unpredictability, head and brain injuries are expected to affect the person for a long time with some of the damages not manifesting until after a few months or even years.

Because of its long-term effect, compensation for pain and suffering also increases.

Another example of a hard injury is broken bones. Fractured bones generally increases the damages awarded to the victim as the injuries and the pain are obvious and visible.

This is most especially true if the fracture happens on a critical spot like joints.

Broken bones are also most likely to lead to other injuries like joint pain and arthritis.

Because the injuries and the pain are only too obvious, pain and suffering damages are also increased.
How a Personal Injury Attorney helps?

Personal injury compensations are usually a result of the final agreement between you and either your or the liable party’s insurance company.

Insurance companies will try to pay you as little as possible, and without a background on how damages are computed you may not get a fair amount.

That is where a personal injury attorney comes in. Your personal injury attorney can help in negotiating the terms of your personal injury compensation that will get you a fair amount.

To pursue car accident claims caused by drunk driving, get help from our expert car accident lawyers. Visit our website and avail of our free case consultation.

Article Source: What factors affect Personal Injury Compensations?

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Compensation Claims for Accidents Abroad

Posted by in Uncategorized on August 6th, 2009

Ah, that long awaited holiday! Then in a flash, you and your family are involved in a road traffic accident, through no fault of your own. You are in a foreign country, unsure of what to do, with injuries and a damaged car.

The first priority is to call for the police and not leave the scene. Get out your camera if you or someone else in your party are able and take as many photos as possible. Documentation will later play an important role in any compensation you may receive. Once the police arrive, insist on an immediate medical evaluation of each family member who was in the car with a complete report of all injuries, regardless of how minor. Make sure you report any pain you are experiencing at the time. Many countries insist on these reports as a pre-requisite to bringing any compensation claims.

At any time after the accident, should you develop any pain, bruising or addition symptoms, you should report them immediately to a medical care facility. That visit should be documented and the report included in the police report and retain a copy for yourself to give to your solicitor for your compensation claim.

It is imperative that you document everything related to the incident. Keep all receipts and records. Make copies of all reports and give duplicates to the police for their files. Get names and addresses of witnesses; they may be needed later for additional questions. If you are unsure of documents you are being asked to sign, do not sign them without consulting your solicitor first.

Immediately upon your return to the UK, seek legal advice from an experienced compensation claim solicitor. As with all personal injury cases, there are time limits for filing a holiday accident personal injury compensation claim. The spouse or dependants of a deceased victim of a travel accident may also pursue a compensation claim.

No one wants to think that their family holiday will end in tragedy. These days, however, it is the wise traveller who is prepared for the unexpected. Be smart and come home safely!
However, if you do have an accident abroad, visit the experts at www.irwinmitchell.com and they will be able to organise your compensation claim.

Article Source: Compensation Claims for Accidents Abroad

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What Are The Most Common Personal Injury Compensation Claims From Product fault Accidents?

Posted by in Uncategorized on July 27th, 2009

Products liability is considered as a harsh class of offence, regardless of the defendant’s liability terms. A defendant is prone to reimburse when it is proved that the product is imperfect, causing some risky accidents. If you find some imperfection in the product, which causes any class of harms, the manufacturer is legally responsible for personal injury compensation. When the products are faulty, such kind of cases arises and you may claim for personal injury compensation based on the purchasing standards of consumer product.

The damaged household products may cause serious injuries or eventual death, facilitating the consumers with rights of product liability claim. Before claiming personal injury compensation for an accident at workplace or product usage, you have to explain how your injuries are the direct consequences of insignificant attitude of employer or faulty usage of products.

Your employer is legally responsible to inform you about any type of possible accidents when you are working at his office. Your employer is not allowed to terminate you from job by making apt personal compensation claims and you should note down all reasons of accidents in the accident book. If you are confident, and know how to claim your rights in the case of personal injury, you may get guidelines for apt compensation claims of your personal injury.

Normally personal injury compensation claim can be made within three years from the date of cause of sad accident or illness. For instance, when accidents in shops, supermarkets, hotels, offices and clubs take place, the owner, manager and director of the company are held responsible for all the risky threats. For defective goods and products resulting in the form of severe accidents and personal injury compensation claims, you should consult some legal advisor to carry out apt legal proceedings against the owner or manufacturer.

If you face some serious injuries, the appropriate aid of the insurance agencies or some other agents may be fruitful for filling personal injury compensation claims against the insurance agencies, manufacturer, or the product sellers.

However, all legal proceedings are very complex but you may get assistance of personal injury solicitor who may provide you proper guidance. Commonly people are ignorant of obtaining their right of personal injury compensation due to insufficient legal information.

For instance, if you buy some poorly made baby pram, the personal injury compensation claims can be filed against the manufacturer. Your claim case should be significant to prove the faults of manufacturer or the caretaker in the case of baby buggy. You should get services of a solicitor who may help you legally.

You may claim the cases like road traffic accidents, spinal injury, imperfect product, industrial pollution and disease, head and brain injury, so on and so forth. You should have all legal documentation to take legal action against any employer, manufacturer, and product seller if you want to assert your moral personal injury compensation claims whenever you encounter some mishaps or sudden accidents in your life.

To claim personal injury compensation, contact an injury lawyer today for advice.

Article Source: What Are The Most Common Personal Injury Compensation Claims From Product fault Accidents?

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