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| Road Traffic Accidents |
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| Rob Walker |
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We all enjoy the benefits which motor vehicles offer society, but those benefits come at a cost.
Most of us have probably been involved in some form of road traffic accident at some time or
another during our lives, whether as a pedestrian, passenger or driver. The nature of the injuries
suffered in such accidents can obviously vary considerably, ranging from simply being “a bit
shaken” or suffering whiplash (which can cause inconvenience in the short term), to
experiencing broken bones or internal injuries (which can have potential long term
consequences). Some injuries can of course be fatal. In order to try and ensure that all motorists who cause accidents can afford to pay appropriate
compensation (and usually legal costs) to their victims, anybody using a motor vehicle on the
road, in England or Wales, is required (by Law) to have “third party” insurance in place. However,
even if the person who caused your road traffic accident has not go insurance (or even if the
driver in question is untraced) it is still possible to pursue a claim, through the Motor Insurers
Bureau. Whatever the case, we can deal with the whole process from you. If you have been involved in a road traffic accident which was caused by somebody else being
careless, then you are likely to be entitled to compensation for any injuries which you suffered.
No matter how trivial you consider the injuries to be, we will be happy to advise you on whether or
not you have a claim, and (if you do) deal with the whole matter from start to finish.
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| Accidents at work |
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All employers have a very high duty of care for the safety of their employees whilst they are at
work, and must take out insurance to cover against any claims which may be made against them
by employees. There are numerous regulations governing the kinds of measures which
employees must have in place to ensure that workplaces are safe, including requirements that
employees are thoroughly trained for the kind of work which they do, and are alert to any risks
which the work may involve.
Any work which involves an element of risk should be thoroughly assessed, and methods for
reducing those risks identified and made clear to those at risk. All work equipment and areas
must be checked on a regular basis to ensure that they are safe. Employers will usually be liable
for any acts of carelessness by co-workers, provided that these occur during the course of that
co-worker’s job.
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In the event that you are injured whilst at work, through no fault of your own, then there is a strong
chance that you will have a claim for compensation. We have extensive experience of dealing
with these types of claim, and fully understand that you may be reluctant to bring a claim against
your employer.
However, it will actually be your employer’s insurers who will pay you most, if not all, of
compensation (and in most cases your costs). It is very unusual for any employer to actually
pay
all of these sums themselves. If you don’t claim, then the only ones who will gain will be
the
insurers, who will have charged your employers to cover the risk of an accident occurring.
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| Slipping or Triping |
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By their very nature, accidents come out of the blue. However, slipping and tripping accidents
often
take their victims more by surprise than any other type of accident. We all know that there
may be
some degree of risk in the way that we work, and take special care whilst driving or
travelling in a
vehicle. But we understandably expect to feel relatively safe whilst walking down
our local high ~
street, or the road that we live in. Nevertheless, tripping on a flagstone; twisting
our
ankles in a
hole in the road or footpath; or losing our footing on a slippery surface can
causeinjuries equally
as serious and life affecting as accidents occurring in any other way.
Whether the trip or slip occurs on the public highway, or on private land, you may be able to
claim
if the accident can be seen to have been caused by somebody else’s negligence. Local
authorities
have a duty to maintain and repair public highways. This duty is discharged by their
inspecting
footpaths and roads on a regular basis (the busier the highway, the more regularly
they have to
inspect it) and responding to reports which they receive about defects which
could
cause injuries.
We can help advise you as to whether your slipping or tripping action
against the
local authority
has a realistic prospect of success, either at the outset or following a
review of the
local authority
inspection records.
Similarly, any occupier of land has a very high duty of care towards any person who comes onto
that land (including in some circumstances trespassers). Most will also have insurance cover to
protect them from claims brought by people hurt on their land or in their property. If we believe
that
you have the basis of a claim against any occupier of land or property, we can send them
a
letter of
claim on your behalf, and establish whether there is any insurance in place which
you can
claim
under, or alternatively we can try to establish whether the owner has sufficient
funds to pay
your
compensation and costs.
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| Injuries caused by defective products |
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Most of the things that we buy either go wrong or break at one time or another. If the product in
question is still under guarantee or warranty, we may be able to get it mended or replaced, or
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even get our money back. But what if the defect results in you being injured ? For example, a person may fall from a step ladder which is not strong enough to hold the weight
of a person; or trip over when the sole of their new pair of shoes comes loose because it has
not
been secured in place properly by its manufacturer; or suffer a serious injury when the safety
cut-
out on a power tool fails to work. In these circumstances, the person injured has a strong claim against either the manufacturer
of
the goods in question; the trader who sold them the goods; or both. If the goods were bought
by a
person, for their own personal use, from a trader or retailer then they are given even greater
rights to pursue a claim under the Consumer Protection Act. We have experience of gaining compensation for clients who have been injured in this way.
These types of claim often involve the use of expert evidence, and we have contacts with a
number of suitably qualified experts. If you are thinking of pursuing such a claim, it is very
important that keep the product in question, and seek legal advice as quickly as possible.
It is very likely that the product will have to be examined and tested, and tempting as it may
be to
throw the item away, it is important to realise that in doing so you may be throwing away
your
chance of getting compensation for your injury.
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| Any other type of Accident which results in some form of injury |
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Some accidents don’t fall into a nice neat category.If you have been injured through no fault of you own, then there is a good chance that you may have a claim for compensation.
Why not find out ? With an initial free interview, and “No Win No Fee” available in many cases, you really have
nothing to lose |
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