Personal Injury Legal Information

Passenger injuries normally occur when travelling as a passenger in a car, bus, or any other vehicle that has been involved in an accident. You do not have to be in the driving seat in order to make a claim. If you were in a vehicle in which the driver collided with another vehicle, 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

If you were involved in a vehicle accident as a passenger and obtained terrible injuries, you should bring forward a claim, even if the driver is someone you know. You should remember 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.

You may be feeling hesitant about making a claim against a close friend or family member, however you should note that your actions will not bear any negative repercussions on them. Most likely they will be making a claim on their insurance anyway, and their insurance provider will be liable to pay any compensation that you receive.

If there was more than one driver involved, you can make a claim against them too. It is not just limited to one driver.

You should note that the amount of compensation you will receive will be affected by whether or not you were wearing a seatbelt at the time of the accident. If you were not wearing one, be prepared for the fact that your compensation may be reduced as a result.

Making the driver of the other vehicle involved accountable too

If a passenger does make a claim for accident compensation against the driver, the driver can request that the driver of the other vehicle be also held accountable for the collision. This is usually beneficial for the defendant, as if he or she brings the other driver into the equation it may help reduce the amount of compensation he or she might have to pay. This way each driver is responsible for paying their proportion of the compensation to the victim.

The trauma of the accident can often lead to passengers feeling shaky and disorientated. Quite often, the accident would have happened so quickly that the passenger may not have had time to witness what exactly happened. This might particularly be the case for passengers travelling at the back of the car, whose vision may be more limited. This is why it is strongly advisable that you seek the advice of a solicitor, who will be able to go through the case with you, and inform you on whether you have a claim and who you should claim against.

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

You may feel that you are quite safe travelling in an enclosed car. You feel that the metal shell will protect you from harms way should you fall into an accident. It is a big mistake to think this. Many passengers that have been involved in a car accident suffer horrific injures and have to live with the physical and psychological impact for years to come.

The most common form of injury complained about in road accidents is whiplash injury. A perhaps less talked about but still a commonly reported injury is seatbelt injury. It is not surprising that people suffer from seatbelt injury, particularly if you think about the impact of a car accident. 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.

Many drivers loosely put on their seatbelts before taking off, without actually being aware that to avoid suffering personal injury, it is important to make your seatbelt as tight as possible. Seatbelts do save lives in the event of an accident so it is important that you ensure:

* The seatbelt is worn as tightly as possible

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

* Wear the diagonal strap over your shoulders

Have you sustained seatbelt injuries in a car accident due to the driver’s negligence in driving? If so you have a right to make a claim and you should contact our solicitors who will be able to look at your claim and advise you on how to proceed.

Ayesha Salim is editor of the UK Lawyers Network. Ayesha writes articles about seat belt injury claims, 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.

Making a trip down to the dentist is one that can prove to be quite an uncomfortable experience for many of us. After all, it is not a pleasant idea to have the inside of your mouth probed and examined. Nonetheless, it is an essential part of our health regime and it is important that we should be able to trust the health professionals in charge of 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?

Dental negligence can happen through various ways, however listed below are some of the more common ways:

Misdiagnosis by dentists

This is when the dentist fails to recognise a serious problem which results in the patient receiving inadequate treatment for their dental problem. If the patient suffers more pain and hardship as a result of the misdiagnosis, the patient may be entitled to compensation

Carelessness

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 over a length of time

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

Giving the patient the wrong dosage of drug could lead to some serious implications for the patient. Similarly, analysing the patient’s forms is an essential part of the procedure which dentist’s should perform as there may be a record of a certain type of allergy that the patient has. If the dentist fails in these tasks, and the patient suffers personal injury as a result, this could give rise to a potential compensation claim.

If you feel that the dental treatment provided to you was below standard, and suffered injury as a result, you may be entitled to a compensation claim. Our specialist solicitor’s will be able to assist you in your claim if your dentist caused a dental accident which resulted in you suffering emotionally and physically.

It will have to be demonstrated that another competent member of the dental profession would not have provided the same form of treatment. Let our solicitors assess your case with compassion and understanding, and we will be able to ensure you that you have the best chance possible in winning your compensation claim.

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

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.

Many customers may not actually be aware that all of the supermarkets such as Morrisons, Tesco or Sainsbury’s owe them a duty of care whenever a customer steps onto their premises. Customers should be safe when they are shopping and the supermarkets are responsible for their well-being. This can also include the supermarket car park.

Work related injuries in supermarkets

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.

Many people assume that working in building sites and other industrial areas can be dangerous. However, working as a check out assistant has its own health risks. Check out assistants can suffer from repetitive train injuries in their wrists, shoulders and elbows. There is also a further risk in suffering from neck and back injuries, if their working area is not set up appropriately. Shelf stackers can face risks from lifting heavy objects or slipping on spills.

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 happen to fall or trip over an obstacle in the supermarket that should not have been there, and you sustain injuries as a result, there are some things you should do in order to help your claim later if you decide to make one.

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 fall 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 solicitors or to talk with a personal injury lawyer.

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 feel that you gained this injury at work then do not be put off. Your employer should take reasonable steps in providing a safe working environment, and if this was not provided for then you have a right to make a claim.

What is 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 employer ensures that the employee takes regular intervals from using the keyboard as this is a major cause of RSI (Repetitive strain injury). The PC monitor should be at the correct height for the employee and wrist rests should be made available for comfort. Similarly repetitive usage of the mouse can also cause RSI. The symptoms occur due to continuous muscle contraction caused by being in a fixed position for too long whilst the limbs are unsupported or supported in the wrong manner.

If the employer fails to follow these procedures and the employee ends up developing RSI due to prolonged keyboard and mouse use, it may be possible for the employee to make a RSI claim. The severity of the symptoms will usually determine how much compensation the sufferer can claim for. In order to ensure that you gain the best compensation possible, it is advisable that you get into contact with a solicitor that will be able to advise you on your next best possible steps.

With advancements in technology, more people have gotten used to working on the move. Gadgets such as blackberry’s and smaller laptops, have enabled commuters to be able to use these gadgets on the train or on the bus. Unfortunately, many are misinformed about the risks of such prolonged usage of these devices. The risks of them obtaining RSI become higher due to the smaller and closer-situated buttons. Furthermore, the effects of RSI are likely to be more serious in comparison to a normal office environments, as commuters will be working in uncomfortable and unusual positions.

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

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 involves correcting 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

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. In the more serious cases the patient can experience complete loss of vision. In others the problems are less serious such as suffering from dry eyes.

Patients 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.

Problems can occur during the surgery through faulty technique or when the wrong lens is inserted. This can happen when the pre-operative assessment is not run properly and leads to misleading and inaccurate 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.

Can I make my claim?

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

* The type of injury that was sustained

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

* The amount of losses you will be facing as a consequence 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 accident claims, Personal injury Lawyer, Medical negligence, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Cancer is a disease that cannot be pinned down to one single cause. There are various factors which may help increase the likelihood of an individual developing the disease. Your genes, general lifestyle, or even the environment may all contribute to increasing the chances of developing the disease.

Many of the claims made in clinical negligence is the failure by doctors to diagnose or treat cancer. Signs that should have been spotted before are not. It is inexcusable in today’s modern day society with the advancements in technology to not effectively spot signs of cancer and treat the patient accordingly. Early misdiagnosis of cancer can have drastic consequences on the patient’s quality and life expectancy. In some instances, the misdiagnosis can be so serious, that treatment may no longer be a viable option, and the patient may be impacted severely.

What can you expect in making a claim?

In establishing whether the doctor has been negligent, the doctor will first be assessed against other doctors in the same professional capacity. The two main questions that will be asked will be:

* Did the doctor fall below par 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?

Essentially the courts use what we call the ‘balance of probabilities’ test. Therefore, if the experts in this field argue 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 proved to be controversial as many commentators have argued that it can provide unjust results for some of the patients. Nonetheless, it is the law that is applied today, and the process that will have to be gone through for anyone making a claim.

The following are a list of misdiagnoses by doctors that are commonly made in cases of breast cancer:

* Failure to follow up on test results

* Failure 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 or someone you love has been affected and are concerned about the type of treatment you have received, our specialist clinical negligence solicitors will be able to offer you advice with compassion and understanding. Our solicitors will provide you with assistance and guidance in pursuing your compensation claim.

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

Most surgeries that are carried out are performed to a high standard, with little or no complaints coming from the patients. However, whilst the vast majority of surgeries are successfully performed to a high standard, on occasion, mistakes do occur, and sometimes these errors can be catastrophic. As with any form of surgery, there is an element of risk involved. In some cases the element of risk will be intensified with a major surgery. It is the duty of the hospital to inform the patient, before the procedure about any risks that may be involved with the surgery. Therefore, if a complication does arise during the surgery, the doctor may not be liable as the patient would have been informed already about the risk of this happening. However, if you have suffered a mental or physical injury during the surgery, you could be entitled to make a surgery error compensation claim.

In order to make a surgical error claim, you have a three year period in which to bring forward your claim. In some cases, the error will not become noticeable 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.

Types of surgical errors that give rise to a claim:

Items being left inside the body, such as swabs, and other surgical equipment

Complications with laser eye surgery

Operations being performed on the wrong part of the body

Performing the wrong type of operation

Damaging any nerves or tissue during the surgery

Errors in cosmetic surgery

Errors with incorrect administration of anaesthesia, such as becoming aware during the surgery

How to make the surgical error claim

If you decide to make a surgical error claim, there will be a few hurdles that will need to be overcome. Firstly, it is necessary to show that it was the negligence of the surgeon, or medical practitioner that caused the injury to the patient. The treatment method of the surgeon will be compared to other medical practitioners in the same speciality. It will have to be shown that no other reasonable medical practitioner in the same speciality, would have performed the procedure in the same way, and that the outcome would have been different, had the procedure been performed in a different way.

Following the surgical procedure you should make a complaint to the hospital where you had your surgery, to ensure that the matter is fully investigated. You may gain an explanation for the error, and once the hospital is notified, it should take steps 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 traumatic, 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, Lawyer, surgical error compensation, find a solicitor, legal, lawyer, law help advice, solicitors litigation

It is easy to become a victim of food poisoning if you are not careful in preparing food, or if you happen to eat out somewhere where they were negligent in their handling of the food. It has become quite common to contract food poisoning, and the seriousness of it can vary from case to case.

Food poisoning commonly occurs when an individual eats or drinks something that is infected with some form of chemicals or parasites. However, the most commonly reported form of food poisoning is bacterial poisoning. Bacterial poisoning usually occurs when the food has not been heated, stored, or cooked properly. Bad hygiene on the parts of the chefs preparing food can also be a contributing factor. Some restaurants fail in washing hands before and after handling food, or using unclean kitchen utensils.

What are some of the symptoms of food poisoning?

The symptoms may vary from individual to individual, as each person reacts differently to the poisoning. Some people become very ill and take many days, even weeks to recover. Others recover quickly. The person’s health history and how bad the contraction was will all determine how fast they recover. The most common symptoms, however, usually involve vomiting, stomach upsets, dehydration, and fever. Usually the doctor will be able to prescribe medication that can help clear these up. However, some of the more serious cases of food poisoning can lead to death.

Avoiding E-Coli poisoning

E-Coli poisoning is found in the lower intestines of healthy mammals. Once this bacteria is transferred to food it can cause food poisoning if ingested. Washing your hands and cooking food thoroughly is essential in stopping this from happening. It is also important to wash your hands after touching the food so that the bacteria is not transferred to other food through touch.

Salmonella food poisoning

This type of bacteria is usually found in meat and poultry, eggs, and unpasteurised milk. It can also be found in untreated water and seafood. In order to avoid salmonella poisoning, it is essential that you heat food thoroughly, particularly with regards to meat. It is also important to wash hands thoroughly after handling the food to avoid transferring the bacteria to other food.

Unfortunately, salmonella food poisoning is particularly hard to get rid of once ingested, and has the potential of causing serious long-term health problems. The particularly vulnerable members of society include the elderly and the ones with a history of health problems.

Am I entitled to make a claim after suffering food poisoning?

If you suspect that your food poisoning was caused 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 been a victim of food poisoning, it is important that you retain any medical evidence that supports your claim from your GP. In addition keep hold of any receipts from the restaurant or cafe you suspect you contracted your food poisoning from. Our solicitors will assess your case and help you in your claim.

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

Anybody involved in a game of sport can expect to sometimes get injured. Sometimes an error in judgement or some general carelessness can lead a player to sustain an injury. Therefore most participants consent to the risky nature of the game playing. However, sometimes a player can trip up on badly maintained surface, or be pushed just a little too hard buy their trainer. In 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.

The types of sports injuries claim that can give rise to a claim include:

* Playing on surface that is badly maintained

* Defective facilities or equipment

* Dangerous or reckless conduct by competitors

* Improper instructions or training being provided by trainer

These are some of the types of accidents that would not be considered to be part of the normal, reasonable conduct that a player would consent to and could give rise to 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.

Spectator Sports Injury Claims

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.

If the shelter provided is faulty or in substandard condition, this could lead to a spectator being injured. Furthermore, defective barriers or railings all add to the possibilities of an accident occurring. There should be no safety hazards present, and the organizers of the event owe this duty of care to the spectators.

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 is also necessary for you to collect as much information as possible. This will include keeping a record of any witnesses, or any photographs taken at the scene of the accident. All of this will help you in your claim for compensation.

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, Personal injury Lawyer, compensation claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation