Friday, May 24, 2013

Personal Injury Compensation Claim Guidelines

Procedural Description of Lodging Compensatory Claim of Personal Injury

images credited by Clearwatersolicitor
The term "personal injury" entails a great significance among legal terminologies. This legal term connotes any physical injury, disorder or pain or any psychological illness or trauma, which is the result of inefficient environment. As a result of personal injury caused to a person the victim can seek legal remedy by way of lodging a claim for compensation. For the purpose of starting such proceedings it is highly recommended that the person making a claim for personal injury may use the services of solicitors specialized in this field. The solicitors should be authorized and regulated by the Solicitors Regulation Authority under a valid registration number, they must have a registered office in the premises of England and Wales and must be duly registered in England and Wales under a valid company number and VAT No.

Specifically in England personal injury comes under the occurrence of damage, suffering, injury or pain due to the negligence of any third party by way of car accident, motorcycle accident, bicycle accident, accident at work, slip, trip or fall at work or at public place, forklift truck accident, general construction site accident, ladder accident, manual handling accident. The types of injuries sustained by such accidents are deafness, head injury, back injury, eye injury, wrist injury, neck injury, leg injury, knee injury, medical negligence, beauty treatment gone wrong, animal attack injury, product liability, and sport injury.

Personal Injury Compensation Claim

Types of Personal Injury and Compensation Claim

If any person becomes the victim of personal injury at work or any other type of personal injury, it is his right to claim compensation for his loss (psychological, physiological or financial).
In UK compensation of personal injury can only be claimed if the reason of damage was entirely third party and not the mistake of person himself. There are several different categories in which personal injuries fall in UK some of which are explained below;

Types of Personal Injuries;
  1. Road Traffic Accidents
  2. Accident at Workplace
  3. Medical Negligence
  4. Accidents at Public Place
  5. Accident Abroad
  6. Fatal Injury Accident
  7. Criminal Injuries
Read More: Personal Injury Compensation Claim Guideline

What Leads to Clinical Negligence Compensation Claims?

medical negligenceAs in all professions, doctors and other medical professionals have a duty of care to ensure the safety of all members of the public in their premises. However, clinical or medical negligence claims are somewhat different to other personal injury claims in that medical professionals are responsible for the health of their patients and are expected to notice any problems in a timely fashion.
Furthermore, many of the tasks a medical professional does as part of their job, such as perform delicate surgical operations, administer potentially lethal drugs or diagnose health problems, carry inherent risks, and if a worker fails to do these jobs properly, patients can suffer serious adverse effects or can even die.
If you are making a clinical negligence compensation claim, you will have experienced medical treatment in which the healthcare provider’s standards fell well below those you expect to receive. Most cases involve one of the following issues:
  •  Failures in surgery
  •  Delayed diagnosis
  •  Inappropriate or incorrect treatment
  •  Providing the wrong drugs or patients suffering adversely from drugs
  •  Failures in medical products or devices
  •  Problems in childbirth leading to the mother or child being injured
Medical professionals are not merely required to conduct procedures, however. Medical negligence claims often involve cases in which patients have received treatment but have not been informed of the risks this treatment poses. People must give informed consent when undergoing any dangerous procedures or any medical tests and in cases when this does not happen, they may be able to apply for medical negligence compensation.

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Wednesday, May 15, 2013

How Criminal Injuries Compensation Changes are Affecting Child Abuse Payouts

High-profile abuse scandals and grooming cases might have caused members of the public to become concerned about their likelihood of the victims of these crimes succeeding in criminal injuries compensation cases. While child abuse solicitors can always help the victims of crime achieve compensation and pursue criminal cases against their attackers, there are worries that changes to the Criminal Injuries Compensation Authority could mean that adults who were abused as children miss out on the money they deserve.

Criminal injuries compensation has always been less generous than other compensation payouts – claimants usually receive more money when the perpetrator is a negligent third party. The idea behind the scheme is that the state has behaved in a negligent fashion by not protecting its taxpaying citizens, with compensation generally following a fixed scale that relates to the extent of the claimant’s injuries.

Criminal Injuries Compensation

This compensation is paid through state revenues through the Criminal Injuries Compensation Authority (CICA), and recent government proposals as part of state austerity measures have considered scrapping this form of compensation altogether or severely curtailing it. As a result of these initiatives, the amount of funding provided to the scheme was reduced on 27th November 2012, and a new set of rules applies for applications made after this date.

Payments will be less generous when compensating loss of earnings, medical expenses or other quantifiable losses, while the tariffs for certain types of crime have been reduced.

It is not just victims of child abuse who will be affected by these changes – anyone who has been the victim of a violent crime can make a criminal injuries claim – any team of solicitors in Blackburn could have dealt with broken jaws, fractured eye sockets, back injury compensation and a wide range of other injuries as well as child abuse.

Read More: How Criminal Injuries Compensation Changes are Affecting Child Abuse Payouts

Wednesday, May 8, 2013

Why should I choose a medical negligence solicitor?

Medicine is a particularly difficult field, and training to become a doctor or dentists takes many years. As a result, many personal injury solicitors do not understand the field completely and are inexperienced at handling clinical negligence claims. You will need to use solicitors that have both legal and medical knowledge and have the skill and empathy needed to handle these delicate and complicated cases.

Many times, claimants with solid cases have been let down by unprofessional solicitors who have mishandled their cases or charged unnecessarily high fees because of their lack of understanding of medical negligence compensation claims. It is hard enough for victims to deal with clinical negligence without having to cope with the fallout when a solicitor mishandles their case

Read More Why should I choose a medical negligence solicitor?

Monday, May 6, 2013

Who Is Liable In Car Accident Compensation Cases? | The Law Info

Car Accident
Car accident compensation cases, a bone of contention can frequently be the question, “which driver was responsible for the motor vehicle accident?” The insurance company of the responsible driver will be the organization that covers the cost of the whiplash compensation claim and any other related expenses, and although the responsible driver will have to pay increased premiums, insurers can often be reluctant to pay out or to admit their customer was liable.

Many times, it is obvious who caused the accident and there will be no question as to who is liable for the car accident compensation. For example, in a rear-end collision, it is almost always the driver who ran into the back of the other motorist who is deemed responsible for the collision. This is because road users must leave plenty of room between themselves and other vehicles, so even if the person in front brakes suddenly, motorists should still be able to stop in time without running into their rear.

Read More about who is liable in car accident compensation cases?