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Resources

www.lawsociety.org.uk

www.pals.nhs.uk

-       Accidents at work

-       Clinical/ hospital negligence

-       Consumer faulty products

-       Dental negligence

-       Industrial related disease – asbestos , vibration white finger, deafness

-       Motoring accidents car or motor bike

-       Slips, trips and falls

What compensation can I expect to receive?

This is difficult to assess on an ad hoc basis and can be grossly inaccurate. You can ask your solicitor for a rough guide based on their experience and previously won cases. You may be awarded anything from £1,500 for a broken finger to complete loss of function in a limb of £35,000

You need to be aware that not all claims run into thousands of pounds be guided by your solicitor, it does depend very much on the case. Be aware that if you lose you may have to pay disbursements and or costs.

Will I lose my job?

Making a claim against your company does not mean that you will lose your job, and if you do that will be another claim you will be able to make against your employer as your job is protected by the law.

Claims made against companies are not personal your employer will be covered by an insurance company. These companies employ solicitors to act on their behalf to counter these types of claim. If a company is seen to be negligent i.e. they have not given you the correct training or correct equipment to do the job then they are negligent and therefore liable.

What if a friend hits my car?

If a friend or family member hit your car and you suffered an injury because of it you can still claim against them. This is not personal claim, they will have insurance on their car and it will be the insurance company that your personal injury lawyer will be dealing with not you family friend or relative. Be aware that if your family member or friend wants to settle privately this may NOT be in your best interest.

Will my loved one not receive the proper care?

If you are making a claim against a hospital for negligence or malpractice this can be uncomfortable for you especially if your loved one is continuing to receive treatment. However this is not about feelings it is about care, standards and negligence. If your family member has not received the correct treatment, or indeed has been given the wrong medication, or incorrect treatment or has suffered  after acquiring  a hospital borne disease then the hospital needs to address this and act promptly. Standards are there to be adhered to and if not addressed will not improve. Most NHS hospitals have an organisation called PALS who will act on your behalf in the initial stages if you feel unable to spak to the staff. If after the accident/ incident you feel you need professional help there are many solicitors who are trained to help you with medical negligence cases.

This will be the hard part choosing who you want to work with – whether you go to a claims company or a firm of solicitors. Whoever you choose you will need to talk them through the facts of your claim.

Step 1. Your Solicitor will talk to you in depth about the incident and it will be beneficial at this stage for you to provide names, addresses and photographs pertinent to the incident. You will be given some paperwork to sign which is confirmation that you want a particular solicitor, firm or comapny to work on your behalf.

Step 2. Evidence gathering. Your solicitor may write to your doctor and or witnesses for corroboration of the facts you have presented.

Step 3. Your Solicitor will write to the company, or person involved in the incident to inform them of your intention to claim against them.

Step 4. Usually the company or person will choose to settle out of court and your solicitor will make a claim for your injury, time and loss of earnings

Step 5. You will be awarded your compensation

Do Be Aware

** If you do not win your case which may have gone to court you may have to pay the successful persons costs. If the case has not gone to court you will not have to pay any costs if that was the arrangement agreed with your solicitor however you may still have to pay the disbursement costs of the successful party. Your solicitor should be able to arrange insurance which should cover these costs, but they will have to formally agree this with you.

This is a format which many solicitors have taken on board as a way forward for many claimants. In the past if you were injured at work or had an accident at work you would be treated at your local hospital sent off on sick leave with no way of paying  your accruing bills. You may also have been injured to the extent that you would not be able to return to work or be permanently disabled. In those circumstances even though you would know you had a good case you would not have been in a position to engage a law firm to act on your behalf.

Fortunately that is all in the past, a solicitor will discuss your potential no win no fee accident claim with you and will be able to tell you if you have a good case. They will also discuss approximately how much compensation you will be entitled to. A good solicitor will not take on your case if they do not feel that they have a better than good chance of winning. They do not want to waste either your time or theirs.

What does No Win No Fee mean?

Simply it means that if a lawyer takes on your case and loses you do not pay anything.

However that may not always be the case, you may not have to pay your lawyer, but you may have to pay the other party expenses.

Read the small print even if you do win you may have to pay a proportion of the compensation award to the solicitor you engage.

Do be Aware

If you engage a solicitor to act on your behalf and they begin the work  involved towards your case; if you then decide to pull out, you may find a hefty bill on your doormat for their services thus far.

An Accident

 is a genuine situation which has arisen after all aspect of health and safety have been considered and catered for, and which no-one can be held responsible.

Negligence

is where all due care and consideration has been lacking and due to that deficiency of care a person has been injured or affected.

If an injury which is reasonably foreseen occurs due to lack of action or because of actions of an individual, employer, organisation or area. That person organisation or employer will then be held accountable for the injury and for the compensation.

Reasonably Foreseen

refers to taking a given situation-  making a risk assessment, putting precautionary measures in places and ensuring they are adhered to.

Basically as an individual you have to consider that your action/behaviour can affect others and if that action/behaviour results in an injury to a third party because of your action / behaviour then you will be liable for it.

Risk Assessments

This is something we used to refer to as common sense which most people do subconsciously as we go about our day to day lives.

Health and safety over the years has been developing with an aim of ensuring conditions whether at work or in public areas are safe, and that all elements to ensure that safety are adhered to. The (HSE) Health and Safety Executive has all sorts of helpful documentation regarding how to conduct risk assessments, the documentation you need, the standards and qualifications required in many formats. please click here www.hse.gov.uk. for further information.  

A huge proportion of Health and Safety at work is merely common sense, which has been formalised. It has been known to go to the extreme where a sign was found in an NHS hospital above a kettle that warned of boiling water!  

Lawyer is a generic term for a qualified advisor who has been trained in the law and can represent clients.

A Solicitor is a qualified lawyer who is licensed to practice law in England and Wales. Solicitors tend to handle out of court matters; if you need to take your case to court you will need to have a Barrister represent you. The boundaries between solicitors and barristers are evolving and some solicitors are able now to represent you in court.

Counsel is the legal word for a barrister who is representing you in court.

You can always confirm with the Law Society of England and Wales that the solicitor you have chosen to work with specialises in a particular field via accreditation.

Accreditation

Having a law firm or individual act on your behalf implies a level of trust. In that trust you have an expectation that the person acting on your behalf has the relevant qualifications and accreditation to do so.

Accreditation is a scheme membership which shows that a firm or individual has a special competence in a particular area of the law. If you are making an enquiry you could confirm with the firm that the person dealing with your case has demonstrated certified expertise in the personal injury accreditation scheme.

The law society operates these accreditation schemes to promote high standards , to enable the public to identify lawyers with proven competency and for law firms to have recognisable standards.

Legal Qualifications

The qualifications that a lawyer has after their name will give you an idea of the variety of qualifications they hold and the amount of years they have trained for their position in the firm, this can be anything between three to seven years.

 A lawyer will have a Degree usually a law degree Bachelor of Laws LLB this is an graduate qualification or Graduate Diploma in Paralegal Practice PPC. There is also the higher entry level of LLM which is the Master Degree in Law which is not so frequently taken. When you have this qualification you can apply for membership to the bar or law society, acceptance will be subject to completion of professional examinations 

A GDL – Graduate Diploma in Law   – is a qualification for non- law graduates. The graduate   needs the GDL or LLB course before you can move on to the LPC

To further the qualification the   LPC – Legal Practise Course – will need to be taken and possibly the BPTC – Bar Professional training Course as a barrister. There is an alternative the ILEX the Institute of Legal Executives which is an alternative to the university courses.

Occasionally companies may approach you if you are making a personal claim offering an out of court settlement. If you use a solicitor you are nearly always going to increase your chances of an increased award.

A lawyer is not only there to act on your behalf when it comes to compensation claims. Often if the company or people involved are behaving in a negligent manner other persons could also be injured if the same incident were to transpire.  By bringing this incident to the attention of the owners, or management precautions can be made and conditions improved.

If a doctor, manager or car owner has acted in a negligent manner towards you they may well be behaving in the same way towards others. It is important that high standards of care and health and safety are maintained and regularly revisited. By highlighting these cases attention by example this may encourage other people to behave in a more appropriate manner.