Posts Tagged ‘Accident compensation lawyer’

Claiming For a Dog Attack

December 13th, 2009

Being bitten by a dog can be a terrifying experience, one that is likely to stay with the victim forever. This is because the injuries sustained are not just physical, but are likely to have a psychological impact too. It is true that certain breeds of dogs are more prone to attacking than others. Many of these dog breeds include Pit Bull Terriers, and Rottweilers. However, it should be noted that whilst some dogs are more likely to attack than others, some of the less likely breeds can also attack.

A dog attack compensation claim is more likely to succeed if the claimant can gather evidence to demonstrate the dog’s aggressive past tendencies. The dog in question may have a record of biting previous bystanders or family members. If this can be shown, then it more likely that the compensation claim will be won and the owner of the dog will have to pay compensation. The owner is responsible for the dog and it’s behaviour towards others. The dog should be particularly controlled and restrained if it has aggressive tendencies.

Unfortunately, young children are the most at risk from a dog attack as they are one of the most vulnerable members of society. Many of the attacks involve children, as their innocent and playful nature make them easy victims for the dogs. This is why it is essential that a young child be never left alone with a dog, regardless of whether it has posed a danger before or not. Many dog bites occur from dogs that had never even bitten anyone before. Remember, there is always a first time for everything.

According to the Dangerous Dogs Act 1991 certain breeds of dogs are required to be muzzled when in public places and micro-chipped. If the dog that attacked you falls under this act and was not muzzled, your claim is likely to succeed. This is even if the dog had not shown previous signs of aggressive behaviour.

How to avoid being attacked by a dog

If you happen to be near a dog which is growling at you and you feel an attack is imminent, there are some things you can do to alter the situation. Try to keep as still as possible and avoid looking directly at the dog. Hopefully the dog will eventually lose interest. Of course the natural reaction would be to run as fast as possible in the other direction. However this may only excite the dog into chasing you which could result in something ugly.

What you should do if you have been bitten

It is possible that your tactics did not work and you ended up getting bitten anyway. Whichever way it happened, you should seek medical attention as soon as possible. Even if you think it is minor as it could lead to infection. Secondly, it is important that you report this incident to the police or local authority. This will help prevent any future attacks.

If you have been a victim to a dog attack, you may be entitled to compensation. Our solicitors will assess your case and talk you through the process of making a claim.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Lawyer, compensation claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation


Making a Sports Injury Claim

December 13th, 2009

We all know that playing sport can be a risky business. Depending on the nature of the sport, injuries can occur at any time and are often non-preventable. Therefore anybody participating will be naturally aware of the risks involved in game play. Nonetheless, in some cases an injury may occur that was not part of normal play. Under these circumstances it may be possible to make a claim for compensation.

Therefore injuries sustained out of normal physical contact or from genuine errors will not normally give rise to a claim. However, if there has been any form of foul play involved on the part of a competitor such as malicious behaviour, then that could give rise to a claim.

Some typical examples of injuries are:

* Players injured on badly maintained surfaces

* Defective facilities or equipment

* Malicious or violent conduct by competitors

* Failure in supervising or instruction giving

These are just some of the examples of accidents occurring that are not considered to be part of the normal course of ordinary play. These types of circumstances could call for a valid compensation claim.

In some cases the sports injury can be quite serious which results in the victim not being able to attend work. This can lead to the victim suffering financially as well as physically. If you find yourself in this type of situation in which you do not know which way to proceed, the best thing to do is to seek advice from a solicitor who will be able to help you.

Becoming Injured as a Spectator

Spectators are expected to enjoy the game from a safe distance and not get injured. Those in charge of the event have a responsibility in ensuring that the premises are in line with health and safety standards. The spectators should be kept at a safe distance, away from any potential hazards.

Accidents to sports spectators normally occur when the shelter provided is faulty or in inadequate condition. Any barriers or railings might not be secured properly and there may be lack of appropriate lighting. These are some of the basic safety measures that should be adhered to, and a failure of these can lead to spectators suffering injuries as a result.

Making a Sports Injury Claim

Seeking medical attention is paramount if you sustain a sports injury. This is important even if you think the injury is minor. Your doctor will be best able to examine the seriousness of the injury and give you the right treatment for it. Secondly, your medical records will be useful to you later on if you decide to make a claim for compensation.

It will also help your case if you collect as much information as possible. This would involve reporting the accident to to any member of staff around at the time, collecting names and addresses of any witnesses around at the time of the incident, and any photographs if possible.

If you have been victim to a sporting injury and are unsure on your next steps, our solicitors are here to help you.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about Solicitors, solicitor, accident compensation, find a solicitor, legal, lawyer, law help advice, solicitors litigation


Making A Successful Clinical Negligence Compensation Claim

December 13th, 2009

Patients who have been caused great distress by medical treatments that have gone wrong are entitled to demand an explanation. Medical practitioners in charge of their patients are ultimately responsible for their patient’s well being and every possible step should be taken to ensure a high level of service.

In order for a claim to be brought forward, the patient will need to show that the treatment provided by the medical practitioner was substandard, and that this resulted in the physical or mental injury to the patient. Despite doctors and other medical practitioners generally providing a high level of service to their patients, there have been reported incidents where patients have complained about not being notified on possible risks in treatment, and many other careless mistakes that should not have happened.

There have been some shocking reports on some patients finding foreign objects such as clips and screws left behind. In the past year alone, the highest payouts included 115,000 to a person who had the tip of a needle left inside them, 75,000 to a patient who later found a surgical clip, and 60,000 to someone who still had ‘packaging material’ inside them after an operation.

The types of medical practitioners that can be held liable include:

GP’s

All NHS medical staff and hospitals

privately funded health practitioners

all NHS medical staff and hospitals

GP’s

The Duty of Care explained

For the claim to be successful, the patient will have to prove that some serious errors were made in the course of treatment, which no other competent doctor would have made. If however, it is shown that another doctor within the same speciality would have endorsed the same method of treatment, and then it is unlikely the patient will succeed in their claim.

The medical practitioner is personally responsible for keeping up to date with the latest developments in healthcare and should this claim be brought forward, it will be a major consideration. In making the judgement regarding the medical practitioners’ method or standard of treatment, the assessment will be made according to the standards and medical knowledge prevailing at the time of the incident.

In order for the claim to be a success, the patient will have to prove that it was the actual error on the medical practitioner’s part that made a substantial contribution to the injury or damage suffered. It will also need to be shown that the medical practitioner’s error was a separate incident to the patient’s underlying condition.

In the case of was Bolam v Friern Hospital Management Committee it was stated that ‘the test as to whether there has been negligence or notis the standard of the ordinary skilled man exercising and professing to have that special skill. A man need not possess the highest expert skill; it is well established law that it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art’.

Expert medical witnesses will need to provide evidence that they would endorse the same method of treatment, and this would thus fill the requirement outlined in the Bolam case. Commentators have argued, however, that there are many problems with this as often, there can be more than one way to treat a condition, and either method can be acceptable. However, once a recognised body of medical practice has proven that they would endorse the same method of treatment, it is unlikely that the doctor will be found in breach of his duty of care.

Whilst a doctor may have a defence, it has now been estimated that clinical negligence payouts by the NHS are expected to rise by 80% next year. With the average victim pocketing 17,900 the mistakes have cost the NHS a total of 9 million over the past five years, with payouts made to more than 550 patients.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Personal injury Lawyer, compensation claims solicitors, find a solicitor, legal, lawyer, law help advice, solicitors litigation


Contracting Food Poisoning

December 11th, 2009

Many people do not realise how easy it is to contract food poisoning if they are not careful. Although most restaurants and cafes are very careful in preparing food for their customers, some fail the hygiene test causing their customers to contract the bacteria. Some of the cases of food poisoning can vary from being relatively minor to being quite serious.

The most common type of food poisoning is bacterial poisoning. If the food is not heated, cooked, or stored properly, it can lead to poisoning. On some occasions, it is the chefs who are unhygienic in preparing the food. They fail to wash their hands before they touch the food, or they use unclean kitchen utensils in making the food. Failure in this can contribute to food poisoning.

What are some of the symptoms of food poisoning?

As everyone’s body reacts differently to food poisoning, there are no hard and fast rules on how soon you will become ill after contracting the bacteria. Some people become ill straight away, whilst others may take a few days. How ill a person gets will depend on how healthy the individual is, and the seriousness of the food poisoning itself. Some are able to recover quite quickly, whilst others take longer. Symptoms of food poisoning can vary from case to case, but usually involve vomiting, stomach upsets, dehydration, and fever. Usually these can be cleared up with the right medication. However, some of the more serious cases of food poisoning can lead to death.

E-Coli

This type of bacteria lives in the lower intestines of healthy mammals. Once this bacteria is transferred to food it can cause food poisoning if ingested. This can be avoided by washing and cooking food thoroughly. Washing your hands after coming into contact with the food is also important to avoid transferring the bacteria to other food through touch.

Salmonella

Salmonella is usually found in meat and poultry, eggs, and unpasteurised milk. It can also be found in untreated water and seafood. Similar to avoiding e-coli poisoning, it is important to heat food thoroughly. This is especially the case with meat. It is also necessary to wash hands thoroughly after handling the food to avoid transferring the bacteria to other food.

It is important you take these steps as once contracted, salmonella food poisoning is particularly hard to get rid of and has the potential of causing serious long-term health problems. The elderly are especially vulnerable as are the ones with a history of health problems.

Can I make a claim after suffering food poisoning?

If you ate something which you believe led to you suffering from food poisoning and believe this was as a result of another person’s negligence, you may be entitled to make a personal injury compensation claim. You may even be entitled to compensation if you contracted food poisoning whilst abroad on a package holiday.

If you have suffered food poisoning, you should keep hold of any medical evidence from your doctor, and retain any receipts from the cafe or restaurant you suspect caused your food poisoning. Our solicitors will assess your case and help you in your claim.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about accident claims, Personal injury Lawyer, compensation claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation


Failed Vasectomy and Failed Sterilisation (Wrongful birth)

December 10th, 2009

The choice to undergo a vasectomy or sterilisation procedure is becoming more prominent in the UK. For many it is a choice based on some very personal reasons. Some do it for financial reasons. Others because they do not wish to expand their family any further. Whatever their reason might be, one thing is very clear. They have a right to having the procedure done properly, and unfortunately this is not always the case.

If through some mishap on the part of the surgeon something goes wrong, it can lead to some very devastating results for the patient concerned. In fact, it not only affects the individual concerned, but family members close to them. The patient may find herself with an unwanted pregnancy which can lead to great emotional turmoil. If the patient is able to prove that the unwanted pregnancy occurred due to the medical negligence on the part of the medical staff involved, than it may be possible to claim for compensation.

Failed Sterilisation

There could be a number of different reasons why a surgery may fail. A sterilisation procedure involves the procedure of the fallopian tubes being either cut or clamped to stop the eggs from travelling to the ovaries to the womb. In most cases the woman decides to have this surgery to avoid any future pregnancies. The surgeon may be negligent in not securing the clips carefully and they may become loose.

Failed Vasectomy

There is generally one or two reasons why a vasectomy fails. The first reason is in the surgical procedure itself, when the vas deferens tubes are not cut properly. Secondly, your surgeon may have failed in giving you correct post operative advice. Following the vasectomy procedure, it usually takes around four months for traces of sperm to disappear from the semen. Therefore your surgeon should warn you against unprotected sex, at least until the tests have shown that there is no more sperm in the semen.

Can you make a claim?

You should be able to make a claim if you have suffered a failed surgical procedure, however this will depend on individual circumstances. Some things may be out of the surgeon’s hands, such as natural occurrences. For instance, when when the sperm duct or fallopian tubes regrow. However, in some cases it is more obvious that the failed sterilisation or vasectomy is due to the surgical error. The surgeon may be responsible for cutting a ligament instead of the vas deferens tubes. Or the surgeon may fail to give you good clear post-operative advice.

In most cases, if conception occurs soon after a sterilisation or vasectomy procedure, it more likely to result in a successful clinical negligence claim. Whatever the reason may be for the surgery failing, it undoubtedly leads to great emotional distress often leading to suspicions of adultery. Compensation can be given for the emotional and physical distress involved with the pregnancy.

If you or your partner wish to make a claim, our solicitors will be able to guide you and answer and queries you may have. They will go through all the relevant options with you, and help you decide on whether you wish to take further action.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about accident claims, Lawyer, failed sterilization, find a solicitor, legal, lawyer, law help advice, solicitors litigation


Surgical Error explained

December 7th, 2009

Most surgeons perform surgeries on their patients to a high standard, and their patients expect nothing less as they are owed a duty of care. Despite this, patients have complained of errors occurring during their operation, errors which should not have occurred. The risks involved in a surgical procedure should not be confused with errors on the part of the surgeon. For example, the doctor has a duty to inform their patient of the risks involved in their surgery and the likelihood of it affecting the surgery. In these cases, if something goes wrong the patient cannot hold the surgeon responsible. However, if the error is related to leaving swabs inside a patent, or failure in the correct administration of anaesthesia to the patient, then the hospital could be held liable. If you have suffered as a result of a faulty injury, you could be entitled to make a surgical error compensation claim.

Like most medical negligence claims, you have a three year period in which to bring forward your claim. Nevertheless, in some instances the error may not become apparent until a much later date. In these circumstances your three year period will not begin on the date of your surgery, but the actual date you became aware of the error and injury.

Some types of the surgical errors that can give rise to a claim can include the following:

Pieces of equipment being left inside the body, such as swabs

Performing the wrong type of operation

Operations being performed on the wrong part of the body

Wrong type of surgery being performed

Damaging any nerves or tissue during the surgery

Errors in cosmetic surgery

Errors with anaesthesia, such as becoming aware during the surgery

How to make the surgical error claim

For your claim to be successful, you will have to demonstrate that it was the negligence of the surgeon, or medical practitioner that caused the injury to the patient. It will also have to be shown that no other reasonable medical practitioner in the same speciality, would have performed the surgery in the same way, and that the end result would have been different, had the surgery been performed in a different way.

The first step you may want to take is to make a complaint to the hospital where you had your surgery, to ensure that the matter is fully investigated. This may result in an explanation, and steps might be taken to ensure that an error like this does not occur again. However, it is unlikely that you will be compensated. Therefore, it will be useful to you to contact a clinical negligence solicitor who will be able to assist you in your case, and advise you on the best way to proceed.

Medical negligence compensation

Our clinical negligence solicitors will assist you in your case, should you decide to seek compensation for your pain and suffering. The effects of a surgical error can be quite emotionally draining, and in some cases you may be psychologically affected. We will provide you with the best legal advice, in order for you to make a decision on how to proceed.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Personal injury Lawyer, surgical error compensation, find a solicitor, legal, lawyer, law help advice, solicitors litigation


Slipping And Tripping Claim

December 7th, 2009

In order to make a tripping and slipping accident claim it must be proven that someone else was legally responsible for the accident occurring. If the accident occurred in a shop or a supermarket, the occupier of the property is responsible for keeping the premises in reasonable condition. The main question normally asked is ‘what is a reasonable condition?’ This will largely depend on a number of factors. The defendant can invoke statutory defence, if they can prove by reference to written records that they have a regular inspection regime in place, and have responsibly kept the location where the accident happened in reasonable condition.

The condition of the premises where the accident occurred will be analysed for evidence. In order for the personal injury claim to be successful, it will have to be shown that the accident was caused by the condition of the premises.

Accidents that occur in the street

According to Section 41 (1) of the Highways Act’80 there is a direct duty to maintain the highway at Public expense. This was summarised in the case of Griffith v Liverpool Corporation’67 where it followed:

“The duty at common law to maintain, which includes a duty to repair a highway, was not based in negligence but in nuisance. It was an absolute duty to maintain, not merely a duty to take reasonable care to maintain, and a statutory duty which replaced it will also be absolute.”

This means that the highway and local authorities have to ensure that inspections are carried out regularly on road surfaces, and that they are kept in a reasonable condition.

In bringing the personal injury claim, the claimant will have to demonstrate that the part of the road where the accident happened was not reasonably safe, and that it was the defect in the road which caused the accident.

Accidents that happen in other public places

If the accident occurs in another public place such as a supermarket, shop, or a place of entertainment, the occupiers of the building are under a duty to ensure that members of the public remain safe whilst on their property. The occupiers of the building should ensure that fittings and fixtures are secure and do not pose certain health hazards. Accidents occurring in supermarkets are quite common due to people tripping or falling on some form of slippage. Again the chances of the claim succeeding will depend on deciding what is counted as ‘reasonable condition’. The defendants will have to prove that they had reasonable protection in place when the accident occurred.

Important points to consider

* Make a note of exactly where the accident happened

* Write down any relevant names, addresses, and telephone numbers of witnesses

* Seek medical attention for any injuries suffered no matter how minor

* Contact the relevant authority detailing the defect/accident

* Photograph the scene of the accident. Photographs of the clothes and shoes should be taken instantly following the accident

* If you have any cuts or bruises these should also be photographed

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Lawyer, slip accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation