Accident Claims - No Win No Fee - Legal Articles

Tuesday, August 19, 2008

Passenger Accidents

As a passenger of a vehicle it is very unlikely that you would be at fault if a road traffic accident occurred but sadly innocent passengers are often injured during road traffic accidents.

Unfortunately there are a large number of road traffic accidents each year in the UK, and although safety cameras have helped to reduce the number of incidents they sadly still happen. In a road traffic accident there are many people who could end up injured such as the driver of a car, a pedestrian, a cyclist or a motorcyclist and of course passengers.

There are numerous ways in which a passenger could end up involved in a road traffic accident; the most common way of course is if they are the passenger of a car. While it is possible for anybody inside a car to be harmed during a car accident, it is more likely that front seat passengers will suffer significant injuries. As well as this you may be injured as a passenger if you are travelling on a bus, coach or taxi as well as a train that is involved in a crash. Whatever form of transport you are travelling on, if it is involved in a crash and you are injured as the passenger of that car then you could be entitled to make a claim for compensation.

If you are a passenger of a car or a mode of public transport that is involved in a road traffic accident then you are in a strong legal position to make a claim for compensation. This is because the driver of a vehicle has a duty of care to ensure your safety and if this duty is breeched and you are injured as the result of it then you can make a claim for compensation.

In a successful compensation claim the amount of compensation that you will receive varies on the extent of your injuries and by the length of time that you have been affected by them. You will also receive compensation based on any medical expenses that you have encountered and any loss of earnings that you have suffered as the result of being out of work whilst your injuries are healing.

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Asbestos Claims

Asbestos was extensively used as a building material in Great Britain from the 1950’s through to the mid 1980’s. Its main purpose was to be used as insulation. Any type of building built before 2000 has the chance of containing asbestos; if however the asbestos is in good condition you are safe, it is when the fibres of asbestos become airborne then you have to worry; this happens when the asbestos becomes damaged.

Asbestos fibres continue to be present everywhere in the environment in Great Britain, meaning that everyone is constantly exposed to very low levels of fibres, but this is nothing to worry about; the risk of developing an asbestos related disease comes down to the total number of fibres that you breathe in. Working on or near damaged asbestos-containing materials or breathing in high levels of asbestos fibres, which may be many hundreds of times that of environmental levels could increase your chances of getting an asbestos-related disease.

Inhaling these fibres can cause serious diseases, which are responsible for around 4000 deaths a year. There are three main diseases caused by asbestos: mesothelioma (which is always fatal), lung cancer (almost always fatal) and asbestosis (not always fatal, but it can be very debilitating).

It is important to remember that you won’t be affected straight away by an asbestos related disease but you will be later on in life, which is why it is important that you protect yourself now against the damage caused by asbestos.

Some examples of the types of occupations that are most at risk from an asbestos related illness are as follows:

• Heating and ventilation engineers
• Demolition workers
• Carpenters and joiners
• Construction workers
• Electricians

If you are informed by your doctor or consultant that you have an asbestos related illness then it is important that you obtain specialist legal advice as soon as possible as you may be entitled to make a claim for compensation. You will be able to make a claim for compensation if your employer failed in their duty of care to protect you against the harmful effects of asbestos. Your employer should find out if you are working with or near asbestos and if you are they should make sure that you receive the correct training and that you are properly supervised. You should also be provided with the correct equipment and safety wear. Failure to do this can leave your employer open to liability cases and means that you are able to make a claim for compensation.

Normally the time limit for making a compensation claim is three years but in the case of asbestos this three year time limit starts from when you are diagnosed with an asbestos related illness.

If you are hoping to make a compensation claim regarding asbestos related diseases then you have to show that your employer was aware of the dangers of asbestos and failed to provide you with adequate warnings and protection against it.

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Accidents at work

All employers have a responsibility to protect their employees, contractors and visitors from accidents and injury in the workplace.

It is estimated that one million people suffer injury in the workplace every year and the vast majority of these are generally avoidable. Even with huge improvements in health and safety and an increasing list of safety rules/measures many workplace environments remain dangerous.

Employers should carry out risk assessments of the workplace to ensure that any measures to improve safety are being used. Even without these risk assessments there are still a number of precautions that need to be present in the workplace such as your employees should be provided with the correct safety wear, which includes goggles, hard hats, ear defenders, gloves, boots and high visibility jackets. As well as being provided with the correct safety wear, employees should also have the correct machinery and tools that they need to carry out their job. These tools and machinery should be checked regularly to ensure that they are in the best condition to carry out work.

If you unfortunately do suffer from an accident at work, you need to report it to your employers as soon as possible and make sure that the accident is recorded in the accident book. If the accident isn’t placed in the accident book or the company doesn’t have an accident book then you should write down brief details of the accident and send it to your boss, as well as keeping a copy for your own reference. If you can't report the accident because you are too ill, try to get someone else to do this.

If the accident involves any of the following:

• Death
• Disease
• Major injury
• Dangerous incidents
• Any injury that stops an employee doing their normal job for three or more days

Then your employer has a responsibility to report the accident not only in the accident book but also to the Health and Safety Executives.

One last procedure that is advised if you have suffered from a work place accident is going to see your doctor. You should do this even if your injury doesn’t seem too serious. The reason why this is so important is so that a doctor can record details of accident in case you wish to pursue a compensation claim later on.

If you are hoping to make a claim for compensation then remember, every compensation claim is different; some may be settled in a matter of months, others may take years but as long as you enlist the help of a legal firm you will be fine.

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Monday, July 28, 2008

How do you make a successful MRSA Compensation Claim?

MRSA most commonly develops in hospitals when patients have an open wound such as a bedsore or a tube such as a catheter. The most commonly affected by this are the vulnerable, which includes the very sick and the elderly.

Cases of MRSA remained at low levels until 1992; however since then there has been a rapid increase in the amount of cases that we are now seeing. MRSA infections can more often than not be serious, leaving the victim of it suffering from aspects such as Septicaemia or pneumonia.

MRSA is never usually a problem in healthy patients; healthy patients are just carriers of the disease, which is still an extremely bad problem as they have the potential of passing the MRSA super-bug onto another person. Due to this it can not only impact the carrier of the super-bug but also friends and family members who are at risk of catching the super-bug.

It is because of the fact that MRSA is contracted through open wounds that most people who suffer from it will be suffering during their stay in hospital. Contracting MRSA whilst you are in hospital will lengthen their stay in hospital. Also when a case of MRSA is found in a hospital it will be able to spread very quickly due to the fact that a lot of the people who are admitted into hospital will have a lowered immune system, meaning they will be more susceptible to infection. If a case of MRSA is found to be in a hospital, especially on a ward with vulnerable patients then it has the potential to cause a lot of disruption to the hospital as the patient has to be isolated in a separate room to stop other patients catching the super-bug and, depending on the severity of the super-bug it may disrupt hospital routines as certain wards or theatres may need to be closed.

It is said that one in three of us carry the MRSA bacteria on the surface of our skin and in our nose without actually developing the condition. However if a carrier is involved in an accident it is quite easy for the MRSA bacteria to get into the wound and cause the victim to become quite ill. If a person is carrying the bacteria and they have a break in their skin they are at risk of contracting an infection.

Studies have shown that the super-bug known as MRSA affects about one in nine patients during a hospital stay, with certain patients being more at risk than others. Some of the risk factors when it comes to potentially contracting MRSA include; implants, diabetes, smoking, poor nutrition, prolonged pre-operative hospitalisation and prolonged surgery. It is because of figures such as this that in the UK there has been a focus aimed at the prevention and control of MRSA. These steps to prevent MRSA may differ from patient to patient but the best defence against MRSA remains as strict hygiene.

MRSA control should be one of the medical professional’s top priorities within the treatment of patients. If you however are now suffering the effects of MRSA due to standards of care slipping below what they should then you could be entitled to compensation.

If you have suffered in the last three years and you would like to know where you stand legally then contact a legal team today to find out more information about how to make a claim for compensation.

Helen is the web master of Accident Consult. The specialists here at Accident Consult can help you with all of your MRSA Compensation Claims.

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Have you suffered Orthopaedics Medical Negligence?

The medical term Orthopaedics refers to your bones, muscles and joints and the doctors who work in this field will often handle patients who have suffered bone fractures or need joint replacement or ligament surgery.

Every year in the UK thousands of people are treated successfully for Orthopaedic health problems; however some of the people treated do suffer mistakes at the hands of the people who are there to help them. These mistakes are common and this type of medical negligence is now two or three times more likely to happen than any other medical negligence claim.

The orthopaedics branch of medicine involves the preservation and restoration of the musculoskeletal system and the surgeons involved in this aspect of medicine have the job of diagnosing your condition and treating it using the appropriate method, which could be medicine, exercise or surgery. Finally a surgeon in the orthopaedics branch of medicine will perform rehabilitation on a patient by recommending exercise or physical therapy to restore movement. An orthopaedic surgeon will also inform you of how to prevent further injury by providing information and treatment plans.

Orthopaedic treatment can cover a huge range of personal injuries such as diagnosing a broken arm to performing a hip replacement operation. The main areas in which an orthopaedic surgeon will specialise include: the hand, shoulder and elbow surgery, joint reconstruction, paediatric orthopaedics, foot and ankle surgery, spine surgery, musculoskeletal oncology, surgical sports medicine, and orthopaedic trauma.

Within medicine accidents and mistakes do happen and in most cases they are harmless. Medical professionals are merely just human and human error is often unavoidable but in cases where an error should have been avoided and there is no valid reason why it wasn’t, someone should be held accountable. These errors can occur during the diagnosis, treatment or prognosis of an illness as well as being a combination of all three of these.

If you feel that you have been mistreated and it has lead to you suffering as a result then you could be entitled to make a claim for compensation. Some of the most common reasons for an orthopaedic medical negligence claim are as follows:

• Inaccurate or late diagnosis
• Failure to take tests or misinterpretation of test results
• Poor treatment of fractures
• Poor operative technique
• Damage to nerves or circulation during medical procedures
• Inadequate cleaning and dressing of wounds or infection

If you have suffered due to Orthopaedic medical negligence in the last three years then you could be entitled to make a claim for compensation. In order to be successful in a medical negligence claim you need to be able to prove that the injury you are or were suffering from was caused due to a lapse in the medical care that you received. To prove this you would need to obtain statements from any relevant family members or friends. Your medical records would need to be obtained and this normally comes with a fee, which brings me to my next point, any fees and cost encountered along the way will get paid back on top of damages in a successful compensation claim.

If you are hoping to make a claim for compensation then contact a legal team today, who will be able to examine your case and explain where you stand legally.

Helen is the web master of Accident Consult, specialists in helping you claim the compensation that you deserve after a Medical Negligence mistake that was caused through no fault of your own.

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Delayed Cancer diagnosis – how will it effect you?

It has been stated that one in three people will develop a form of Cancer at some point within their lives, making it one of the most prolific diseases that we are now seeing. Due to this doctors have to be highly aware of the possibility of Cancer when making a diagnosis.

The importance of an early diagnosis when it comes to Cancer cannot be emphasised enough; in many cases an early diagnosis is the difference between life and death. An early diagnosis is also the deciding factor on your life expectancy. Early diagnosis is crucial regardless of what type of Cancer you have; this is especially true in the case of lung, ovarian and stomach Cancer as they have a much lower mortality rate if they receive a prompt diagnosis.

Sadly some people aren’t treated as early as they should be. There are many reasons for this such as a patient didn’t think anything of their symptoms and dismissed them as something else so they didn’t bother going and seeing their doctor. Also many people go to their doctor with symptoms but these symptoms are similar to another disease with the same symptoms so they could easily be dismissed. All of these are common human error but it is important that a doctor goes down all avenues when they are diagnosing you.

An example of why it is so important to catch any form of cancer early is people who are diagnosed with ovarian cancer at the earliest stage they have a 92% to 93% of a five year survival but this can quickly be reduced to 11% or 12% if the cancer has seriously advanced.

An example of when a diagnosis goes beyond simple human error is if a smoker goes to see a doctor with a cough and the doctor merely puts it down to the fact that they smoke. This is completely unacceptable as a cough is one symptom of lung cancer. In a case such as this the doctor should have examined the matter further and investigated the possibility of lung cancer, if for nothing else than to rule it out.

There are many different types of cancer so in order to make an accurate diagnosis you need a medical professional to correctly interpret your symptoms and by looking at your test results thoroughly. Failure to accurately diagnose allows the cancer to spread and grow, which can be at an alarming rate depending on where the cancer is and how advanced or aggressive it is.

If a cancer diagnosis is failed to be made then your correct treatment will be delayed, which will increase your chance of dying from the disease; however this problem can also be turned around, which basically means that if a doctor makes a diagnosis of cancer and there is no cancer present then this can cause a person a lot of unnecessary emotional suffering and shock and it may even lead to them receiving the incorrect treatment. Any situation such as this will be viewed as a form of medical negligence.

If you feel that you have suffered from medical negligence in the past three years due to actions that were taken or actions that were failed to be taken when it comes to your Cancer diagnosis then you could be entitled to make a claim for compensation.

Thousands of men and women across the UK have already claimed the compensation that they deserve after being involved in some form of a medical negligence claim, now it’s your turn so get in touch with a legal team today to find out where you stand with making a claim for compensation.

Helen is the web master of Accident Consult, specialists in all aspects of Medical Negligence Compensation Claims.

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Are you entitled to compensation for Medical Negligence?

Estimations suggest that everyday in the UK a patient may die as a direct result of medical treatment that was intended to help them so the real question here is why?

Within the field of healthcare mistakes happen pretty much everyday but these mistakes usually cause no harm to the patient and it’s safe to say that in most of these cases the patient isn’t even aware that a mistake has been made. This comes as no surprise to most people as people in roles such as doctors and nurses are highly regarded but what most people forget is that these people are just human like everybody else; errors will occur; its when these errors start affecting our health that we should really be worried.

The term medical negligence covers a large scale of people and different medical professions. A medical negligence case could be brought up against anyone involved in your care and welfare such as; hospital doctors, GP’s, nurses, surgeons, dentists and physicians. These are just a few examples of the people that we entrust our lives to and we expect them to uphold the highest care towards us. In most instances none of us experience any sort of problems when we are in the care of medical professionals but sadly mistakes happen that should have been avoided.

When medical negligence occurs it is a very frightening experience. When you visit a medical professional you expect a professional service. Unfortunately this is not always the case. Doctors and nurses see hundreds of patients and like anyone in any profession mistakes can happen and they do. There have been cases where an operation was carried out on the wrong patient. Other cases are when the wrong dose of medicine is given or the wrong medicine all together.

Some examples of the medical areas that can be affected by medical negligence are as follows:

• Cerebral Palsy and Child Brain Injury
• Pregnancy and Birth
• Orthopaedics and Amputation cases
• Surgery
• Cancer
• Cosmetic Surgery
• Ophthalmic and Laser Eye Surgery
• Hospital Infections, known as super-bugs such as; MRSA and C Diff
• Nursing and Care Home Claims
• The incorrect Prescription, Administration and Dispensing of medicine and drugs

If medical negligence occurs and you are able to prove that the standard of care given wasn’t up to scratch then you may be able to make a claim for compensation. It should however be noted that medical negligence claims are extremely hard to win and most legal firms will advise you to take up your complaint with the hospital. This is because pursuing a claim can be lengthy and complex; however there are many accident injury legal teams who specialise in medical negligence, you basically need to shop around when you are looking for a legal team and you should get help from the one who has the most experience.

For more information about making a claim for medical negligence it is advised to contact a legal team to find out where you stand with making a claim for compensation.

Helen is the web master of Accident Consult, experts in all aspects of Medical Negligence claims.

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Wednesday, December 12, 2007

Slip, Trip or Fallen Accident Compensation

Have you recently slipped, tripped or fallen over something and have hurt yourself from this. If the accident wasn’t your fault you have the legal ad civil right to claim compensation.

A slip, trip or fall accident can be very serious not only this but where you slipped, tripped or fell might also be at risk to other people. If you slipped tripped or fell in a public place, the accident should be reported immediately so someone can do something about it so no one else gets hurt.

You may have slipped on some water or another liquid on a shop floor, in a restaurant or any other public or office space. Any liquids on a floor should be cleared away immediately or a sign be put in place to let others know of the spillage. If you do slip on something or even slip on a banana skin remember to report it and contact a solicitor if necessary.

Tripping over something maybe as simple as tripping over a box which is placed where usually there’s nothing, an object may be in a doorway blocking your entrance and you don’t realise and therefore trip over it. There is also the possibility of tripping over an uneven pavement or road surface. If this does occur you will need to contact the council immediately and explain what happened and also where the accident occurred. They will proberly create a report and send you a copy. If you do have a copy let your solicitor see it when you meet them.

If you fall over something your move likely to fall over an object in your way or after tripping over something you actually fall from this accident. Falling over can be a dangerous, if your anything like me you will put your arms down to break your fall, but this isn’t a good idea as your more likely to break your arm doing this or elbow.

From any of these accidents you may have cuts, bruises but you may also have broken bones, injured back or neck, strained ligaments. Whatever the injury if the accident wasn’t your fault you have a right to claim compensation against the shop, public place, restaurant or council. If you’re thinking you can’t afford to claim, and then use a solicitor who works on a No Win No Fee basis.

A No Win No Fee solicitor will only take on cases that they think have a very good chance of winning and are accidents that took place in the last 3 years. You won’t pay any legal fees, the only cost that you may need to pay are those of getting your doctor to release any medical notes. Your solicitor will only get paid if your case is successful, they will receive their legal fees from the other party’s insurance company. If the case is unsuccessful they won’t receive a penny.

So what have you go to lose, don’t suffer in silence, any slip, trip or fall may be a winning compensation claim if you have suffered from your injuries mentally and physically but also any medical bills you’ve had to pay as well as any loss of earnings you may have endured.



Jene Pedder is the Webmaster of Accident Consult who specialise in Slip Trip or Fall Accident Claims.

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