Jon hunter's page

08
Aug

When pursuing a personal injury claim there are many routes in which you can follow. The one commonly used is the ‘no win no fee’ route. This if often referred to as free as you will not pay out any fees of the case is unsuccessful. If you are successful you will be required to pay a proportion of your compensation towards the fees of your legal representation. It is worth weighting up what these fees should cost before you agree to pursue your case.

In legal talk a ‘no win no fee’ case is often called a ‘conditional fee arrangement.’ The arrangement is made between yourself and the solicitor who will be representing you. You will only be required to pay compensation if your personal injury claim is successful. If your claim is not a success your solicitor will be owed no payment from you.

Conditional fee arrangements/ no win no fee arrangements should offer you protection from paying any fees due to the risk of you being required to pay your opponents fees should you lose the case. It is important to check with your solicitor that you are insured for this occurrence.

If you are not already covered your legal team will make sure you take out adequate cover known as ‘after the event’ legal cover.

Often solicitors will offer a no win no fee option and also be willing to pay any expenses that are incurred throughout the case. Sometimes, though they will require you to repay them. If your claim is a success then the opponent will be required to pay your legal fees.

It is important to understand that ‘no win no fee’ arrangements are actually ‘win fee,’ in that you do not pay if your case is unsuccessful but if your case is successful you will be required to pay your solicitor a portion of your compensation. The amount may be considerable.

no win no fee solicitors can help you with any claims for personal injury. For legal jobs contact Sacco mann.

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21
Jul

The claims process for road traffic accidents compensation has recently changed, with low value compensation claims coming under a new process which will speed up the claims process. The new process will only apply to those cases which have an estimated compensation payout of between a thousand and ten thousand pounds and the biggest change to the process is how you register your wish to claim.

Prior to the change the process meant that the insurer had a 21 day period in which they acknowledge receipt of the letter of claim, then a period of three months in which to carry out investigative work, so they could decide whether they were liable or not. A frustrating length of time for the potential claimant.

However, since the new ruling, rather than sending a letter, potential claimants will use a secire online portal to submit an online Claims Notification Form, thus notifying the insurer of their attempt to claim. Once the insurer has been notified they then have just 15 days to respond with their liability decision, which they will also submit online.

There is more detail necessary in the new Claims Notification Form, than in the old letter of claim and so the initial logging of a claim takes the claimant longer, as they will need to gather the appropriate information. However, once they have done this they will obviously receive a decision from the insurer much more quickly, making the overall process less time consuming.

Another big difference to the old process is that rather than waiting for the insurers offer, it is the claimant who makes an initial settlement offer, based on the medical evidence and any financial losses.

The third time saving measure is that if liability is not in question, but a settlement figure cannot be agreed then rather than a court appearance the Court will make a judgement based on the information they already have.

As the process is still relatively new it is difficult to make a judgement on its success, and of course not every case will go through the entire process as if liability is not admitted or their are other issues then the usual procedure will stand.

If you have had an RTA and think you have a whiplash, head or neck injury claim, then a personal injury solicitor can see if you are elgible to make a compensation injury claim

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17
Apr

We’re lucky in the UK to have a free healthcare system, and despite sometime lengthy waiting times the care we get is usually second to none. However, there are times mistakes are made by those in the medical profession and this is what happens in cases of medical negligence.

Despite almost all these errors being genuine mistakes, there is still the fact that someone, a nurse, a doctor, a specialist, has failed to do their duty properly, which can in some cases lead to very serious consequences. Despite the responsibility they have, those in the medical profession are only human and so mistakes can be caused if they have issues in their personal life or are feeling under the weather.

Knowing this, however, does little to console those who have suffered because of medical negligence and the knowledge that those you’ve entrusted your health to have made a mistake can be have both physical and mental implications.

So what amounts to medical negligence? Situations such as a misdiagnosis, failure to diagnose a condition a failure to provide appropriate treatment or an unreasonable delay in providing that treatment, all come under medical negligence, although these are very general.

If you feel that you have suffered from medical negligence then it can be very distressing and many patients feel they have no one to talk to. This is not the case, and in the first instance it is often best to approach whoever treated you.

If no resolution comes after this, then there are bodies and organisations who can help make a complaint and support you emotionally and physically, such as the Patient Advice & Liaison Service (PALS).

Another option you have is to seek compensation via litigation. This is particularly encouraged if you have suffered financial burden due to the negligence as the compensation can be used to pay for medical care, loss of earning and cover day to day expenses. This also provides many victims with an apology from those who were at fault and can help with their emotional recovery.

Our no-win no-fee solicitors can give impartial advice on all aspects of medical negligence and help you if you have a medical negligence claim

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01
Mar

A 12,300 pound orca named Tilikum has killed it’s trainer by dragging her into the pool and thrashing her underwater. The incident happened at SeaWorld Orlando while the trainer, Dawn Brancheau was talking to visitors after a show. Members of the audience who witnessed the attack said the whale “thrashed her all around” and pulled her under the water.

Orlando authorities have reported that the veteran whale trainer “slipped and fell” into the tank but more than 50 eyewitnesses confirm that the incident was accident, the trainer was supposedly stroking the whale until it swam away and rushed back grabbing her its mouth and thrashing her violently underwater.

40 year old Brancheau who was married with no children, had many years experience as a whale trainer and had once spoken of the dangers surrounding her job, “You can’t put yourself in the water unless you trust them and they trust you.” Brancheau had been inspired to works has a whale trainer after a visit to SeaWorld at the age of 9.

Killer whale Tilikum, whose name means ‘fierce’ in the native Indian Chinook language, had allegedly behaved unusually and ignored directions in an earlier show. Keepers had earlier been banned from swimming with the animal because of its unpredictable irritability. Brancheau is the third person to die after an encounter with the orca.

In 1991 Tilly was blamed as one of three whales behind the death of a trainer at Sealand of the Pacific in Victoria, British Columbia and in 1999 the body of Daniel Dukes was found in Tilly’s tank after policed had determined the man sneaked into the compound at night.

General Manager of SeaWorld, Dan Brown, had to hold back tears while he stated that the company’s safety procedures will be an enquiry into the safety procedures while the park remains closed and shows at their other shows are cancelled.

Have you been injured at work? Then visit EAD Solicitor’s for advice on your right to claim compensation

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