Posts Tagged ‘law help advice’

Making a Repetitive Strain Injury Claim

December 30th, 2009

With more computers being used on a regular basis nationwide, it was inevitable that the number of repetitive strain claims would rise with it. Many of these claims could be avoided if the employer had taken certain measures to prevent this from happening. It is the employer’s duty after all, to provide a safe working environment for its employees.

Repetitive strain injury claims are not that easy to claim for due to their complexities. For example, many people use computers at home also. In some cases it would be difficult to differentiate between obtaining RSI at home or at work.

However, if you are sure that your injury was caused at work due to your employer’s negligence, then you should make a claim. It is only in the employer’s best interests to provide stress-saving items to staff members.

What causes repetitive strain injury?

People suffering from repetitive strain injury often experience feelings of stiffness, tingling, and swelling. These symptoms are normally the cause of certain work processes that caused repetitive strain in the upper limbs. It has been claimed that around two thirds of office workers suffer from RSI, however many are not even aware that they can even make a claim.

It is important that the employee takes regular rests from the keyboard as this is a common cause for RSI. The PC monitor should also be adjusted to the correct height for the employee for health reasons. It is not just the keyboard that can cause a strain. Repetitive use of the mouse can also be the cause for RSI. Continuous muscle contraction due to being in a fixed position for too long can cause the symptoms.

If the employer fails to put these important health and safety rules in place, and the employee ends up developing RSI, the employer should prepare for the employee making a possible claim. It will all depend on how severe the RSI is. This will determine how much compensation the employee receives. It is best to get into contact with our solicitors who will best be able to advise you on your claim. The solicitor will ensure that you gain the best compensation possible.

Technology is advancing rapidly with laptops and other gadgets getting smaller to make it easier on the move. Seeing people working on their laptop or blackberry on the train or bus is a regular thing. However, this has also increased the risks of them obtaining RSI, particularly if they use these devices all day at work as well. The risks of them obtaining RSI become higher due to the smaller and closer-situated buttons. Commuters often work in uncomfortable positions as well, which makes the effects of RSI particularly more serious.

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


Seatbelt Injury Claim

December 30th, 2009

Most passengers have the false belief that travelling in an enclosed car will protect them from harms way. They even fail to strap on their seatbelt as they feel that the metal shell will protect them should they fall into an accident. It is a big mistake to think like this. There have been many cases of drivers and passengers suffering terrible accident injuries, and many of them have to deal with the physical and psychological impact. To prevent such catastrophic injuries, you should always wear a seatbelt.

The most talked about injury and one that is most commonly cited in a road accident is whiplash injury. A perhaps more less talked about injury is seatbelt injury. Seatbelt injury is actually a much more common injury than people think. If you think about the impact of a car accident, it is hardly surprising. When another vehicle slams into the back of your car or slams into the side of your car, you will be naturally jerked forwards or sideways. This jerk reaction will impact your body even if you are wearing a seatbelt.

Of course it is essential that everyone wear a seatbelt whenever travelling. Your injuries are more likely to be less serious wearing a seatbelt in an accident rather than not wearing one. It is fundamental to your overall safety and thousands of lives have been saved as a result of the seatbelt first being enforced.

If you have suffered a seatbelt injury, it could be because of the negligent behaviour at the wheel. The driver may have been speeding unnecessarily or overtaking dangerously. The driver also may have ignored the weather conditions and be driving recklessly or in road rage. If you feel that you suffered the seatbelt injury due to the driver’s negligent behaviour then you have a right to make a claim. It is your personal right as you sustained injuries due to someone else’s reckless behaviour.

What types of injuries you can expect if you are involved in a road accident

Depending on the circumstances of the road accident, you could expect to have the seatbelt dig into your abdomen. This can cause abdomen tenderness or even possible bowel injuries. You can avoid these types of injuries or reduce their likelihood of occurring if you take certain steps.

It is quite common for drivers to put on their seatbelts loosely before taking off. This can be a mistake, as it is important to wear a seatbelt as tight as possible to avoid personal injury taking place. Seatbelts are well known for saving lives so in the event of an accident it is important that:

* You wear your seatbelt as tight as possible

* Ensure that you always wear the lap belt over your pelvis and hips

* Wear the diagonal strap over your shoulders

Have you suffered a seatbelt injury in a car accident due to the driver driving recklessly? If this is the case, then you have a right to make a claim. Our solicitors will assess your case and advise you on what you should do next.

Ayesha Salim is editor of the UK Lawyers Network. Ayesha writes articles about road accidents, road traffic accidents and motoring issues. Please visit the website if you would like to see more of Ayesha’s work or if you would like to contact local solicitors or to talk with a personal injury lawyer.


Claiming For An Accident At A Supermarket

December 28th, 2009

If you tripped over something in an aisle or slipped on some juice in a supermarket, you may be entitled to make a claim for compensation. This is not something many customers will think of, however if you obtained injuries through no fault of your won, then it is your personal right to make a claim for compensation.

Supermarket chains such as Tesco or Waitrose owe their customers a duty of care whenever a customer goes onto their premises. This duty of care can even extend to the supermarket car park. Supermarkets should ensure that their customers feel safe at all times when shopping at their stores, as they are ultimately responsible for their well being.

What to do if you are involved in a work related accident

Employers also own their staff a duty of care in the work place. Many workers are engrossed in various tasks to ensure the smooth operation of the supermarket. These jobs involve cleaning to shelf stacking. Extra care should be taken at all times due to the sometimes risky nature of the work.

Check out assistants for instance can face health risks if great care is not taken. Check out assistants can suffer from repetitive strain injuries in their wrists, shoulders and elbows. Their neck and their back is also at risk if their working area is not set properly. Lack of appropriate warnings out in the aisles can put shelf stackers and cleaners at risks from spills and other obstacles.

As an employee if you suffered an accident at work and feel that your employer is responsible for your injury, you may be entitled to make a claim. It is best to seek advice from a solicitor who will be able to help you on your next steps.

Important steps to take as a customer if you are involved in an accident

If you are unexpectedly involved in a supermarket accident, there are some things you can do that will help your claim if you decide to make one later.

It is advisable that you report the accident to the manager of the store as soon as possible. During this process you can expect to be given an accident report form to fill in. However, in the possibility that this does not happen you should ask them to ensure that the accident is recorded in the accident book.

If you notice other witnesses around at the time of the accident, try to get their names and other contact details down. Furthermore, any pictures that can be taken will help your case, so if you do not have a camera available you can use the one on your phone if you have one. You should take photos of important details. All of this evidence will be beneficial to you in your claim for compensation.

If you have been victim to an accident and wish to make a claim, our solicitors will help examine your case and inform you of your next steps.

Ayesha Salim is editor of the UK Lawyers Network. Ayesha writes articles about supermarket accident claim, public place accidents and slips and trips. Please visit the website if you would like to see more of Ayesha’s work or if you would like to contact local compensation claims or to talk with a personal injury lawyer.


Reasons For Medical Negligence In Dentistry

December 25th, 2009

Many of us shudder at the prospect of going to the dentist, as the very thought of someone drilling into our tooth opens up a house of horrors. However, it is well known that going for a check-up is good for your health and we know that we should place great trust into the professionals that are taking care of us.

In the majority of the cases, the dentists offer an excellent level of service to their patients. However, in some rare cases, mistakes do happen and this unfortunately leads to some form of injury to the patient. It is important to not confuse an unfortunate side effect of the treatment and the actual negligence on the part of the dentist. Some cases are very clear cut. For instance if your dentist was negligent in fitting your crown properly. As a result you are now experiencing trouble eating. It is possible that your dentist failed to spot a serious dental disease and now you are experiencing persistent pain. You may have even suffered permanent damage to your teeth.

What are the types of dental negligence?

There are many types of dental negligence that can occur. The list below outlines some of the main ones:

Misdiagnosis

It is essential that your dentist provides adequate treatment for your dental problem. Providing inadequate treatment by failing to recognise a serious problem could lead to the patient suffering from great emotional and physical distress. If it is clear that the misdiagnosis is the reason for the patient suffering hardship, the patient may be entitled to compensation

Carelessness by dentists

A careless mistake on the part of the dentist could lead to the patient suffering from personal injury. This can give rise to a clinical negligence claim.

Inadequate treatment

The dentist may be responsible for carrying out inadequate treatment over a period of time. The dentist’s action could result in personal injury to the patient. If it can be shown that another dentist in the same professional capacity would not have made the same error in judgement, then the patient may be able to make a claim.

Drug usage for the patient

Providing the patient with the wrong dosage of drug can have catastrophic consequences for the patient. Similarly, failing to make note of the patient’s allergy by not examining the forms properly is another serious error sometimes made by dentists. These are serious errors that can give rise to a compensation claim.

If you have personally suffered undergoing a dental procedure, and wish to make a claim, our solicitors should be able to help you. You may feel that your dentist has provided you with substandard care or caused a dental accident which resulted in you suffering personal injury. Whatever the reason may be, our specialist solicitors will be able to advise you.

Please note that in order for dental claims to be successful, it must be proven that the same treatment would not have been provided by a reasonable and competent member of the dental professional. Our specialist solicitors provide a sympathetic and friendly service, and will ensure that you have the best chance available in pursuing your compensation claim for dental injury.

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


Making A Claim For Cancer Compensation

December 24th, 2009

Cancer comes in many different forms and there are various factors which may increase the likelihood of an individual developing the disease. Your family history, general lifestyle, and other environmental factors may all contribute towards the individual developing the disease.

Early diagnosis of cancer is essential in leading to more effective treatment and lower mortality rate. Failure by doctors to do this can have devastating results for the patient involved. With the current advancements in technology, it is much easier now than ever before to be able to spot signs of cancer. Early misdiagnosis of cancer can have drastic consequences for the patient’s life expectancy. In some cases, the consequences can be so serious that treatment may no longer be an option and the patient will be impacted for life.

What is involved in making a claim?

In order to establish the doctor’s liability, the doctor will first be assessed against other doctors in the same speciality. Two fundamental questions will be asked:

* Did the doctor fall under the reasonable standard expected from doctors in his or hers speciality?

* What would the patient’s condition be now if the correct diagnosis had been initially made? And how will this compare with what actually happened?

In order to establish whether to give compensation, the courts use what we call the ‘balance of probabilities’ test. Therefore, if it is agreed by the experts in the same speciality that the correct diagnosis would have given the patient a 60% chance of survival, and the actual delay in diagnosis and treatment has reduced that chance to 40%, there will be compensation for that individual. The same rule applies to any other serious flaws in treatment. However, if a 40% chance had fallen down to 20%, there would be no compensation for that. This is because the survival rate was less than probable in both cases.

The balance of probabilities test has not been favourable amongst some commentators who have argued that it can lead to unfair results for some of the patients. Despite the reservations on the part of some, it is the law that is applied today, and the process that will have to be gone through for anyone making a claim.

Forms of misdiagnoses made by doctors in cases of breast cancer:

* Failure to follow up on test results

* Failing to order new tests

* Failing to spot early symptoms

* Mistaking a tumour for an infection or diagnosing the tumour as benign

* Failing to notice a lump during the screening process

The list outlined above are just some of the crucial mistakes that doctors make which lead to great anxiety and stress for the individual. If these diagnoses were made early on, then it would mean less pain and hardship for the individual.

If you have been affected by misdiagnosis of cancer and wish to gain further advice, our specialist clinical negligence solicitors will be able to offer you advice with compassion and understanding.

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


Claiming as a Passenger in an Accident

December 19th, 2009

Passengers obtain injuries in a bus, car, or any other vehicle that gets involved in an accident. It is not unusual for passengers to make a claim. If you were in the vehicle at the time of the accident you can make a passenger accident compensation claim.

Most likely you were in the wrong place at the wrong time. It is the driver’s responsibility to make sure that the passengers are safe at all times. The driver should be driving carefully and this applies to other road users as well. This is why when an accident occurs, the passenger has a strong legal basis for being able to make a claim.

Making a claim against the driver

Many passengers are reluctant to make a claim against the driver as it might be someone they know or are close to. However you should note that as long as the driver has basic car insurance cover, and third party insurance, he or she will be covered for liability for injuries to other people in the car (including passengers), liability for damage to other people’s property and liability for injuries to the occupants of other vehicles.

It is natural if you are feeling reluctant about making a claim against someone you know, however your actions will not bear any negative repercussions on them. They will most likely be making a claim on their insurance anyway, and their insurance provider will be liable to pay any compensation that you receive.

If more than one driver was involved in the accident you can bring a claim against them too. If the other driver was also responsible for the injuries you suffered as a result of their negligence, then you can make a claim against both of them.

It should be borne in mind that the amount of compensation you receive will be affected by whether or not you were wearing a seatbelt at the time of the accident. Your compensation may be reduced if you were not wearing one, so be prepared for this.

Making the driver of the other vehicle involved accountable too

Once the passenger makes a claim for accident compensation against the driver, it is possible that the driver request that the other driver also be held responsible for the accident. If it can be proven that the other driver was also partly responsible for the accident occurring then it might reduce the amount of compensation the driver may have to pay. This way both drivers take accountability for paying compensation to the victim.

Passengers are often distraught in the aftermath of a car accident. In most situations it happens so quickly that it is difficult to witness what actually happened. This is particularly applicable for passengers travelling in the back of the vehicle due to limited vision. It is best that you seek legal advice from our solicitors if you have been involved in an accident as a passenger. This way you will know your options and the right way forward.

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


Compensation In Plastic Surgery

December 16th, 2009

Plastic surgery is a very personal and intrusive procedure, one that is not taken lightly by most. In addition to costing a lot of money, it can be a risky procedure and can lead to unwanted results if not performed properly. Patients going under the knife have the right to receive a high level of care. However in the past, the plastic surgery industry was largely unregulated and mistakes were known to occur. Only recently, the National Care Standards Commission has introduced regulations. Under this scheme, the clinics and surgeons are under the responsibility to ‘ensure the safety and well-being of individuals having treatment’. Therefore, all the doctors registering after April 1st 2002 cannot perform plastic surgery without first completing specialist surgical training. However, it should be noted that this only applies to doctors registering after this date, not before.

Most of the surgeries carried out are by qualified surgeons, however on the rare occasion this is not always the case. If you have been a victim to one of these rare occurrences then we may be able to help you.

Making your case for compensation

You will be feeling horrified by the botched surgery, and now will be looking to seek a claim. You can be rest assured as every plastic surgeon that operates on you owes you a duty of care during and after the operation. Under their wing, you should be able to feel secure in the knowledge that your operation will go well according to the correct and agreed procedure.

If your plastic surgeon caused you to suffer significant injuries or scars as a direct result from the surgery, then it is very possible that their duty of care towards you has been negligent.

Before you decide to undergo plastic surgery, you should bear in mind some crucial points. A proper plastic surgeon will always:

Be a well-qualified plastic surgeon

Inform you properly of the procedure and the personal benefits to you

Inform you of all the risks involved in the procedure

Give you the option to consider alternatives

Give you appropriate time to think about your options

Your plastic surgeon may have been negligent in using the wrong instruments to perform the surgery or made another error that resulted in you being emotionally and physically scarred. If you have personally suffered as a result of your surgeon, you have a right to make a compensation claim.

There are a number of things that can go wrong in plastic surgeries, however some of the more common complaints include the following:

Lack of adequate information regarding the risks involved in the procedure

Suffering nerve damage during a facelift

Extensive scarring during a procedure such as liposuction

Scarring on the face during a facelift procedure

The serious errors outlined above are just some of the types of claims that are made by patients. However, any patient who has suffered one of these claims will be able to make a successful plastic surgery compensation claim.

Our clinical negligence solicitors have a great deal of experience in dealing with patients that have been traumatised by the effects of surgery. It is understandable that not only will you be feeling physically self-concious, but your personal self-confidence would have also been affected. Our advisers will seek to understand your individual situation, and will always treat your case with great sympathy and compassion.

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


Laser Eye and Cataract Surgery

December 14th, 2009

Laser eye surgery is becoming increasingly popular in the UK. If the procedure is performed in the correct manner it can lead to great results for the patient concerned. The patient will be able to enjoy a better quality of life and the procedure itself is not that long. However, as with any surgical procedure, laser eye surgery comes with risks and on occasion, complications can occur.

This procedure is used to correct long and short sightedness. The laser is used to change the shape of the cornea which is the transparent part of the eye which covers the iris and the pupil.

Complications and risks involved in the surgery

There are many benefits of having laser eye surgery, but what about the risks? For instance some patients come out of the surgery with new visual problems, such as developing a glare. Other patients experience dry eyes. In addition, some candidates are not suitable for laser eye surgery at all. It is the doctor’s duty to screen the candidate thoroughly in order to establish the candidate’s suitability.

The complications experienced by patients can vary from case to case. Some patients experience minor problems such as pain and sensitivity which can be solved. However, in other cases the consequences can be particularly serious with some patients suffering from cornea scarring to in some tragic cases even blindness.

Undergoing Cataract surgery

Cataracts usually cause impaired vision for elder patients. It is a degenerative disorder, however it can also have other causes. Cataract surgery is usually performed to improve the patient’s eyesight and this is done by the lens of the eye being broken down into tiny pieces which are removed through a small cut in the eye. The lens is then replaced with an artificial one.

The majority of cataract surgeries are performed successfully with no long-term problems for the patient. However, on rare occasions a surgeon can make a mistake, such as inserting the wrong lens. This would usually occur if the pre-operative assessment was not run properly which led to misleading results.

The doctor should inform their patient of the risks involved in the surgery before it is carried out. Although the doctor may be unable to inform the patient of every possible risk, the main risks should be highlighted to the patient. This is particularly the case with serious ones, such as blindness.

The process of making a claim

There are a number of things that will be considered such as:

* The full nature and extent of your injury

* Your recovery rate from the injury and whether it has any long term consequences

* The amount of losses you incur as a result of the injury

Whatever your situation, our solicitors are experienced in dealing with a number of challenging claims and will be able to assist you in yours. If you feel that you have suffered negligence at the hands of a doctor, our solicitors should be able to help you with your claim.

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


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