Posts Tagged ‘accident compensation’

The Process of Making a Burn Injury Claim

December 14th, 2009

Suffering from a burn injury is not just physically painful. It can be one of the most distressing episodes one can face in their lifetime depending on the severity of the injury. The more fortunate ones escape with minor burns that are easily treatable. Unfortunately some suffer more horrific burns which result in permanent scarring, nerve damage, or even death. The trauma associated with suffering these burns can stay with the individual for the rest of their life.

We use hot objects daily, and one minor slip can lead to somebody getting seriously burned. On a daily basis we use objects such as kettles and irons, which increases the risks of getting burned. There is also risk of sustaining burn injuries in public places and at work. Sometimes the burns are relatively minor, in which case they are easily treatable. However, other more severe burns can affect muscle tissue, bones and blood vessels.

A person can be exposed to burns from a range of different substances. For example, strong chemicals and radiation can cause severe burns. Many people might not be aware of side effects caused by burns such as smoke inhalation leading to respiratory problems. Therefore, burn injuries can be more complicated than most people would apprehend.

Burns are usually classified as first, second or third degree burns, each one outlining their individual severity.

Suffering from burns at work

You should note that your employer owes you a duty of care when you are at work. This is especially the case if you are working with dangerous materials that could be a risk to your health. Your employer should ensure that all the equipment and tools are in good working order, as even they can lead to burn injuries.

Your employer should provide you with adequate safety equipment if you are working with materials, and you should have undergone some health and safety training on how to keep yourselves safe.

Burn injuries in a road accident

When people think of a road accident injury the most common type of injuries that come to mind are whiplash or broken bones. However, many victims end up with severe burn injuries from road accidents. This can occur when the car catches on fire due to a collision with another vehicle or a fault within the car itself.

Burn injuries at other public places

Sometimes people suffer terrible burn injuries when they are out with friends or family at a cafe or restaurant. Surrounded by plates of hot food and drinks, a fatal spill can lead to burn injuries. Even a member of staff could accidentally slip and spill a hot drink all over a customer.

Making a claim for compensation

Like most other personal injury claims, if you can prove that your burn injuries occurred as a result of someone else’s negligence, you will have a good cause for making a claim. For instance if you feel that your employer was responsible for your burn injury, you can make a claim against your employer. Our solicitors will examine your case and advise you on your next steps.

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


Amputation/Loss of Limb

December 14th, 2009

Amputation claims come in different forms from loosing a leg to loosing a toe or finger. No matter which part of the limb is lost, the results of the amputation can be devastating for the individual. The consequences of the amputation are so far-reaching, that it can take a life-time for the individual to fully recover. The level of time and care that will be needed will depend on the individual situation and the coping mechanisms of the individual concerned. If you have been victim to this, whether or not you will be able to make a claim will depend on how you lost your limb.

Traumatic amputation

A traumatic amputation claim can arise when somebody suffers a loss of limb during a serious accident. This can happen anywhere, such as in a traffic accident, at the workplace, or in a motorbike accident. These injuries can be complete, or even partial where some soft tissue remains, however the body part is completely crushed. If you have suffered under these circumstances and wish to make a claim, it will be necessary to be able to prove that someone else was wholly or partially responsible for the amputation taking place.

Making a surgical error claim

This is when a surgeon removes a limb or a part of a limb that is causing a great deal of pain for the individual or is threatening to their health. However, as with any surgical procedure, complications can occur which can lead to great distress for the individual concerned. On some occasions, amputation of a limb was not part of the original plan, however the patient ends up losing a limb due to the surgical procedure going wrong. The patient will be able to make a claim based on both the surgical error and the amputation.

Misdiagnosis claim

Arguably the most devastating form of medical negligence is wrongful limb amputation. These are in extreme cases where limbs have been amputated due to misdiagnosis. On some occasions, the wrong limb has been amputated. The patient is likely to feel a multitude of emotions under these devastating circumstances, and will find it hard to cope. The patient will have to prove that the limb that was amputated was not putting their body at risk.

The loss of a limb as a result of a serious accident, or due to a surgical error can have devastating life-changing effects on the individual. If you have suffered a loss of a limb as a result of faulty treatment or an accident, you are likely to be feeling uncertain about your future and how you will cope emotionally and financially.

Depending on the nature of the situation, some may be able to return to their normal course of employment, whilst others will struggle. Others need an extended resting period in order to fully rehabilitate. If you have unfortunately suffered a loss of a limb in an accident that was not your fault, you may be able to make a claim for compensation.

Our specialist solicitors will examine your case with sympathy and sensitivity. We are deeply aware of the traumatising effects such a loss can have on the individual.

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


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


How To File A Claim For Accident Compensation.

December 12th, 2009

Most of the time, insurance is required to claim accident compensation. If you have an insurance policy, it is much easier to file your claim. If you do not have insurance, you can still file a claim.However, you must consult a lawyer. Policyholders are urged to consult the claims adjuster. This is the person who calculates the damages and processes the claim. Your claim can be filed as smoothly as possible by the claims adjuster. Fast processing protects you from extra charges. It is also important to estimate the amount of damages before filing a claim.

A particular method is used to determine the amount of damages. The method may not be the same as other methods used by different companies.Generally; the aim is to find the total cost of damages by assessing every element. Physical injuries are readily determined because they are related to medical costs. The total cost of medical care required for the accident victim is calculated. This can be given by the doctor. General damages are often determined by your lawyer and the final amount will be determined by the judge. These are damages related to loss of interest in life and mental distress.

Physical injuries may be critical, serious or mild. The claims adjustor uses different types of formulas to calculate the damages.

A mildly injured person will claim compensation under the following category: Compensation for mildly injured person = Sum of income lost + Damages for Mild injuries x 1. 5.

A seriously injured person will claim compensation under the following category: Compensation for seriously injured person = Sum of income lost + Damages for Serious Injuries x 5. 0. Damages for emotional distress and loss of happiness are included.

Critical injuries require intensive care and a long period of recovery. They may lead to death or permanent disability. Compensation for Critical Injuries is determined by the following equation: Compensation (Critical Injuries) = Estimate of lost income + Damages for Critical injuries x 10. 0

An accident victim will fall under any one of three categories. Medical reports from the doctor are required. The two main components are physical damages and psychological damages. Claiming damages can be a challenge. You need to prove that you were not responsible for the accident. You should not be found guilty of negligence. Negligence is the failure to observe safety precautions or failure to consider the safety of other people. The insurance company needs to be satisfied with your claim. There are three scenarios. You can be totally at fault, partly at fault or the other party may be completely responsible for the accident. You can still file claims and be compensated whether you are at fault or not.However, your claim will be reduced accordingly if you are at fault. If the parties are both at fault, the responsibility is shared. You can file a claim against the other driver, but the driver may also file a counter-claim

Jo Wilson is an expert in accident compensation. If you want further information about accident compensation or are searching for a reputable accident law firm please visit http://personalinjury.ffw.com


Benefits Of Accident At Work Compensation

December 12th, 2009

Workers compensation benefits are mandated by the Department of Labor. Although some of the requirements vary by state, employers are required to have some form of protection for employees in regards to accident at work compensation. This not only protects businesses from lawsuits but protects you and your rights if you are hurt on the job. If you experience an injury you may have the right to compensation.

Workers compensation claims are not new to the workplace or to many employers. There are many claims processed annually as a result of employees who have job related injuries. Regardless to how secure the environments are, misfortunate accidents occur. This is why companies have compensation insurance.

Although many workers have heard of workers compensation and understand what it means they do not thoroughly get how it can help them. It is good learn as much as you can because you may have a legitimate claim the employer can assist with. A common claim is with company drivers who are involved and hurt in any motor vehicle accidents.

Employees pay money to their own doctors for is treatments for typing and bodily pains experience over the course of time. This results in carpal tunnel syndrome. It can also result in a stiff neck or sore shoulders. If this is a direct result of the position of the equipment or a poorly structured workstation, you will be entitled to accident at work compensation.

Another situation where people are injured on the job is picking up heavily weighted objects. Especially if a minimum requirement in the amount of pounds you should be able to lift were not disclosed. If you encounter a back injury you may get accident at work compensation.

Many common injuries result from spills on the floor in the break room. If you step into a puddle of water and slip and fall which results in an injury, since it did happen in the work place the employer would be liable and is required to submit a claim on your behalf.

Many employers have posters with the rules and regulations concerning accident at work compensation and accidents. It is a good practice to report any incidents immediately. Having a witness will support your claim and make the process go smoother. The employer will have you visit one of the recommended doctors to start your treatment and compensation. If you have not seen any literature, do not be afraid to ask your benefits department to learn.

Jo Wilson is an expert in accident claims. If you want more info about accident at work compensation or are looking for a reputable work accident law firm please visit http://personalinjury.ffw.com


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


Accident Compensation And Finding The Best Approach

December 10th, 2009

When you file for accident compensation you are simply claiming your right to maintain the highest quality of life possible after a serious accident. While you’re in search of the funds to cover your accident expenses, your insurance policy is one place to look. Whether you need to file beyond your initial insurance, you need to be aware of what you can be compensated for legally through your own insurance.

Your policy’s summary can outline everything you need to know and it can often be found online. The availability of compensation for a serious accident is necessary for dealing with everything from your car repair bills to your medical bills. In some cases you can even get compensation for replacement services, which is money for hiring individuals that will provide daily or weekly services that you are unable to perform, like lawn mowing.

Medical bills are quite costly even with insurance. The debt tallied up from medical expenses can be life prohibiting. Time away from work and the potential need to change jobs can all compound the situation.

If your car needs repair, you will have to find another form of transportation and this is does not come free of charge. There is coverage that will cover these expenses for you. This is economic accident compensation and is designed to cover out-of-pocket expenses.

Punitive coverage is usually written into insurance policies and can be used to collect on pain and suffering charges. In these cases you have to sue the carrier of the individual who was also involved in the accident. This is a restricted end of the policy that covers recklessness and car faults, as well as certain select situations.

The more you know about your insurance policy the better. It is important to not just talk to your insurance company about your rights, but you should absolutely talk to a lawyer in order to make sure that the insurance company is meeting your needs and adhering to your rights.

When you start shopping for insurance you should be well informed about what type of accident compensation you would be entitled to in the event of a serious accident. The coverage that you purchase should be there for you should you ever have an accident that requires more than a simple claim. Legal representation can help ensure you receive the full benefits.

Matthew Kerridge is an expert in accident claims. If you want more info about accident compensation or are searching for a reputable personal injury lawfirm please visit http://personalinjury.ffw.com


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