Accident Claims - No Win No Fee - Legal Articles

Tuesday, August 19, 2008

Whiplash

Whiplash is a sudden movement/jolt to the body or head. Whiplash is notoriously known as being the most common injury that you can sustain after suffering from a road traffic accident.

Although road traffic accidents are the most common cause of whiplash there are several other ways that whiplash can be caused such as a blow to the head or through repetitive movements of the neck.

Whiplash causes pain and stiffness as well as a loss of movement. This is due to the fact that whiplash causes damage to the ligaments and tendons in your neck and head. Other symptoms associated with whiplash include headaches, muscle spasms and pain in your shoulders and arms. These symptoms usually appear within the first couple of days after, for example, a road traffic accident.

So how is whiplash diagnosed? The diagnosis of whiplash relies mainly on the information that is provided to a GP from the patient, such as the events leading up to the symptoms appearing and the patient’s description of the symptoms. Whiplash is the type of injury that doesn’t appear on MRI scans, CT scans or x-rays, however an x-ray is likely to be taken for nothing else but to remove any suspicion of a fracture or dislocation of the cervical spine. So the diagnosis of the condition is one that is made by your GP based on their knowledge of the condition and the symptoms that you are experiencing.

If you are suffering the symptoms of whiplash then in the first 24 hours of it appearing you should apply an ice pack to your neck as a way of relieving inflammation. This ice pack should be wrapped in a towel, never apply it directly to the skin, and it should be placed on the affected area in 20 minute intervals. As well as this you should be taking regular painkillers. If these painkillers however fail to have any affect it is important that you visit your doctor in order to get stronger painkillers or to find a better way of dealing with the problem.

The symptoms of whiplash usually clear up within a few days but there are cases where people may end up suffering for years after the initial accident happened.

If you are currently suffering from whiplash or you have suffered from it in the past three years then you could be entitled to make a claim for compensation. You can claim compensation for your injuries, suffering, medical expenses and any loss of earnings that you are experiencing while you are out of work waiting for you injuries to heal. Anyone can make a claim for compensation as long as your injuries are affecting your daily life and you can prove that the accident was caused through the negligence of another person.

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Tuesday, July 29, 2008

Medical Negligence Gynaecology Claims

Gynaecology is concerned with the female genital track and the disorders that may be associated with it. Gynaecology injuries and illness account for 50% of all medical negligence claims in the UK and a major amount of these claims result from error relating to contraception and abortion issues.

Gynaecology refers to the surgical speciality, which deals with the health of the female reproductive system, collectively the uterus, vagina and ovaries. As well as dealing with all aspects of female health modern gynaecologists are also obstetricians, which is the surgical specialty surrounding the care of a woman and her child during pregnancy, childbirth and the puerperium (the period shortly after birth).
Gynaecology is a very delicate aspect of health that we expect to do dealt with professionally and confidentially but worryingly gynaecology is one of the main fields of medical negligence and almost half of the medical negligence claims that are made are as a result of gynaecological mistakes.

Gynaecology covers a wide range of aspects and as a result the complications that can occur are high. As well as complications affecting contraception; medical negligence surrounding gynaecology can also cause complications when it comes to abortion. These complications can include failure and sometimes wrongful birth as well as causing perforation of the uterus and damage to your organs. It can also result in loss of future childbearing capacity due to infection or the need to have a hysterectomy.
As well as this, Gynaecology surgery can often cause you more problems if a duty of care is breeched. There are numerous complications that can arise such as a failure to detect an internal haemorrhage. Injury to your bowel, bladder or uterus as well as a failure to remove swabs and inadvertent sterilisation by the introduction of infection.
Medical negligence shouldn’t happen across any field of medicine but sadly thousands of mistakes occur each year, including mistakes surrounding the treatment of Gynaecological problems.

If you feel that you have suffered at the hands of a medical professional whilst undertaking gynaecology treatment then you could be entitled to make a claim for compensation. Some of the main areas surrounding claims for compensation include the ones named above as well as the following:

• Injury following surgery or laparoscopy
• Delay in diagnosis of pregnancy or ectopic pregnancy
• Delay in diagnosis of obstetric cholestasis
• Failure of sterilisation or vasectomy leading to wrongful birth or abortion
• Failure to diagnose cervical cancer

If you are suffering any of the above due to lack of care of a slip in medical standards, which lead to you being failed by the medical institution then get in touch with a legal team today and find out where you stand legally with making a claim for compensation.

Compensation claims surrounding medical negligence are difficult to win and there are certain steps that you should take to ensure that you give yourself the best chance of winning one. To do this you should get an expert opinion from a medical professional who can confirm that the diagnosis or treatment that you have received was below that standard of care that should have been given.

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

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Orthopaedic Medical Negligence Claim

Orthopaedics refers to a branch of medicine involved in the preservation and restoration of the musculoskeletal system. The medical professionals involved in this section of medicine specialise in treating bone, joints and muscles and they successfully treat thousands of people each year without any complications.

The type of work that is usually undertaken by the medical professionals involved in the orthopaedic sector of the medical profession includes aspects such as the following:

• Dealing with broken bones and fractures
• Surgery on joints (shoulder, elbow and hand)
• Joint reconstruction
• Hip replacements
• Foot and ankle surgery
• Spine surgery

Broken/fractured bones are examples of the most common orthopaedic injuries. There are many ways in which orthopaedic injuries can occur such as through trauma, i.e. a road traffic accident. There are however cases where orthopaedic injuries are made worse or caused by medical negligence. Some examples of this include:

• Poor treatment of fractures
• Damage to nerves during medical procedures or surgery
• Damage to circulation during medical procedures or surgery
• Misinterpretation of x-rays and other test results
• Infection arising from inadequate cleansing of wounds or surgery

If you are unfortunate enough to be suffering due to the actions or inactions that were taken by a medical team then you could be entitled to make a claim for compensation. Even though medical negligence claims are known to be increasingly hard to win, if you bring a claim forwards it will be evaluated by a professional legal firm who will advise you on whether your case has a chance of being successful. If your claim is a success the amount of compensation that you will be awarded will depend on a number of factors such as the nature of your injury or illness and whether you will recover fully from your injury/illness and if it has a long term effect on your health and wellbeing as well as the amount of losses you will encounter as a result of your injury.

Some examples of orthopaedic injuries include multiple fractures, which may affect your skull, leg or pelvis to name just a few. Any orthopaedic injury that you sustain can cause significant pain as well as restricting your movement and your ability to work.

Sprains and strains are among the most common orthopaedic injuries. Sprains describe an injury to a ligament and strains describe an injury to muscle. Whatever orthopaedic injury you are suffering isn’t the most important aspect right now, what is most important is how you sustained your orthopaedic injury. If your injury was sustained through negligence on behalf of a medical professional then find out where you stand legally with putting in a claim for compensation. It is your civil and legal right to make a claim for compensation after an accident that was caused through no fault of your own and medical negligence claims are no exception.

For more information about making your compensation claim after an orthopaedic medical negligence injury contact a legal firm today.

Helen is the web master of Accident Consult, specialists in all aspects of Medical Negligence claims, including Orthopaedic negligence claims.

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How do I claim Medical Negligence?

When it comes down to it people seem to forget the fact that doctors are human and everyone, including them will make the occasional mistake when placed under a lot of pressure. These mistakes are usually harmless and often go unnoticed; however there are occasions when medical professionals fail in their degree of care. When this happens it is known as medical negligence.

Medical negligence can sadly happen across many sectors such as:

• GP's
• NHS or privately funded hospitals
• Privately funded health practitioners
• Other health professionals, for example, nurses, occupational therapists
• Dentists
• Defective medical products (for example, implants or drugs)

Illness is never as it totally seems but it is the job of medical professional to do everything possible to make sure that in complicated illnesses you are diagnosed and treated as quickly as possible. In extremely complex cases it is essential that as well as being seen by a doctor, you are also seen by a specialist. This is because negligence may occur from a delay or failure to diagnose a condition as well as a delay in the treatment that you receive. In cases such as these you may receive substandard, improper or negligent treatment.

If you are one of the unfortunate people who feels failed by a medical professional then you could be entitled to make a claim for compensation. If your diagnosis was delayed or your treatment came too late or your treatment was the wrong cause of action for your symptoms as well as if a medical professional failed to carry out extra tests that could have spotted your illness sooner then you may have a case for compensation. If this sounds similar to a situation that you are in then contact a legal firm today.

Medical negligence claims are extremely complex and if you are hoping to pursue one it is essential that you seek specialist advice. Medical negligence cases enables patients and medical professionals to resolve disputes either through negotiation or through the help of the courts. So what is the difference between medical negligence and making a complaint? In a medical negligence claim you are asking for money to compensate you for an injury or illness you experienced whereas you are unlikely to receive any compensation for making a complaint; however you will more than likely receive answers to why your diagnosis or treatment was inadequate, receive an apology and perhaps prevent it from happening again in the future. You cannot at the moment take out a clinical negligence case while you have an ongoing NHS complaint.

When you are contemplating making a medical negligence claim you need to think about what constitutes a reasonable standard of care. In many cases this is whether a doctor’s actions are recognised as being proper by a body of medical opinion. Whatever the definition, if a doctor is found to have provided an adequate standard of care, then there has been no medical negligence and no medical malpractice.

Medical negligence is a serious issue and as a result you need to be able to demonstrate that the treatment received caused problems/illness to progress or begin. In some cases you may have to produce an expert witness whose job will be to present expert testimony that will establish the facts of your medical negligence case and give you more of a chance of being successful within it.

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

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Monday, July 28, 2008

Claiming Medical Negligence for Meningitis

As with any illness you need the diagnosis of it to happen quickly so that your treatment isn’t delayed and you are given the best chance of a full recovery. We leave all of this up to the medical professionals who are responsible for taking care of us, but what happens when something goes wrong with the diagnosis and treatment we are receiving? One example of this is the diagnosis and treatment of Meningitis.

While some forms of meningitis are mild and resolve on their own, meningitis is a potentially life-threatening condition due to the proximity of the inflammation to the brain and spinal cord. The potential for serious neurological damage or even death necessitates prompt medical attention and evaluation.

Meningitis and septicaemia (blood poisoning) are not always easy to recognise, and symptoms can appear in any order. Some may not appear at all. In the early stages, the signs and symptoms can be similar to many other more common illnesses, for example flu.

The most common symptoms of meningitis include:

• High fever
• Severe headache
• Stiff neck
• Dislike of bright light
• Drowsiness
• Confusion and irritability
• Vomiting
• Muscle pains, stomach cramps and diarrhoea
• Cold and pale hands and feet
• A rash that doesn’t fade under pressure (try pressing a glass against the skin)

These symptoms, whether it is all of them or just a few are usually seen within adults and older children; younger children share similar symptoms as well as a dislike to being held, unusual amounts of crying, rapid breathing and a refusal of food.

In cases of suspected meningitis, treatment will usually begin before the diagnosis has been confirmed. This is because some of the tests can take several hours to complete and it could be dangerous to delay treatment for that amount of time as it is a life-threatening condition.

The cause of meningitis can be due to a range of aspects such as organisms like viruses, bacteria, fungi, or parasites that spread into the blood and into the cerebrospinal fluid (CSF). As well as this meningitis can also be caused by non-infectious aspects such as cancers, systemic lupus erythematosus and certain drugs. The most common cause of meningitis is viral, and often runs its course within a few days.

The treatment that you will receive for meningitis depends on the underlying cause of the condition. If it is viral meningitis you will usually only require symptom relief such as bed rest and increased fluid. Bacterial meningitis requires prompt intravenous (IV) and antibiotic treatment. These will prevent serious complications as well as neurological damage.

The diagnosis and treatment of meningitis should be accurate and fast and in most cases of the illness this is exactly what it is; however there are cases where the illness may be missed or the treatment delayed until test results come back, which increases the illness and reduces your chance of recovering from it. In cases such as these it is classed as medical negligence.

If you feel you have been wronged by a medical professional when it comes to your diagnosis and treatment of meningitis then you could be entitled to make a claim for compensation.

Helen is the web master for Accident Consult, who are specialists in all aspects of Medical Negligence claims. If you have suffered unnecessarily at the hands of the people who are meant to look after you then you could be entitled to make a claim for compensation.

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Wednesday, January 09, 2008

Accident Claim for Horse Riding Injury

Horse Riding is seen as a lovely relaxing sport, with many children starting horse riding when there 4 or 5. People often don’t realise the weight and power of horse’s even small young ones. In America alone there are over 30 million people riding horses every year and 2,300 under the age of 25 are injured every year and need hospital treatment.

Horses are heavy creatures and can weigh up to 1,500 pounds and can be as high as 3 metres tall. There are different kinds of horse riding from jumping, cross-country, stock work to pleasure riding. In jumping and cross-country the horses can travel as fast as 30mph and you’re on the back no straps just sitting on the saddle holding onto the ropes.

The most common way to injury yourself on a horse is to fall off, of course this can be very serious. Other ways are that of the horse bucking and throwing you off, you may be lucky and get thrown into some bushes but then you may not and you may become lodged in your stirrups and then get dragged along by the horse. Horse riding accidents don’t just happen whilst out on the horse, they also happen when someone’s handling, feeding or grooming the horse as some horses may be domesticated but no horse is 100% safe.

If you’re an inexperienced horse rider you should always tell the instructor, many instructors will then offer you one to one instruction. If you go out on a hack you may have someone holding your horse as well as yourself to keep the horse under control.

For safety reasons all horse riders should wear a hard shell helmet that is securely fastened and in good condition to protect your head if you have an accident. Fitted boots and nonskid gloves should be worn as well as fitted trousers and top. Before you venture out all your equipment should be checked and your stirrup positioned correctly for you. Many centres are now encouraging people to use body protecting gear including the body protector which protects your ribs and soft tissues if you fall and the rest of your chest.

The most common injuries in horse riding are:

• Wrist, Elbow and Shoulder Injuries
• Knee, Ankle and Foot Injuries
• Spinal Injuries
• Bruises, Sprains and Strains
• Broken Bones and Dislocations
• Head Injuries and Concussion – this is the injury which causes the most deaths

If you’ve fell of a horse, been kicked by a horse, trodden on by a horse whatever the situation if the accident wasn’t your fault and you believe you were given the correct training, right equipment you have a legal and civil right to claim compensation.

If you think you can’t afford to make a compensation claim then use a company who work on a No Win No Fee basis. This means you don’t have to pay a penny in legal fees. If your case is successful you will receive the full compensation payout, your solicitor will claim their costs from the other party’s insurance. If your case is unsuccessful you still don’t have to pay a penny, so what are you waiting for, don’t suffer in silence claim today!!


Jene Pedder is the Webmaster of Accident Consult who specialise in Personal Injury Claims working on a No Win No Fee basis.

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Faulty Product – Can I Claim Compensation?

Have you been injured as a result or a faulty product or has your house been damaged from a faulty product? If this is true then you have a legal and civil right to claim compensation against the manufacturer of the product.

Faulty products can be very serious, lets say you’ve bought your child a new doll of course you give it them and think nothing more of it as you would. But then your child starts choking, the eye has fell out and your child has swallowed it thinking it’s a sweetie. Eyes of dolls for children shouldn’t fall out of course they shouldn’t and so if they do the doll is faulty. A child choking on anything is serious, children have small windpipes and therefore the eye will easily get lodged in the windpipe and cause the child to choke.

It’s the same as if a kettle, toaster; microwave explodes in your home or at work. This accident could seriously burn or cause other injuries to you and others around you. Not only could you get hurt but it could also cause damage to the kitchen or area where it’s used and stored.

Claiming compensation for a faulty product may be daunting especially with large manufacturers but you shouldn’t be as The Consumer Protection Act 1987 protects consumers for incidents like this and helps bring a claim against the manufacturer for their faulty or defective product. Not only this but the Sales of Goods Act may also be helpful as it states that all products sold need to be fit for purpose, of a satisfactory quality and appear and work as they are described. So if your product is faulty or defective it isn’t a product that is in satisfactory quality and work as described.

Before you even begin to make a compensation claim contact the retailer where you bought the product and explain what’s happened, then contact trading standards who are able to offer you free advice. When you begin to make the compensation claim, make sure you still have the product in question as this serves as your evidence, also read the small print on the box or in the instructions to check that it doesn’t state this is something that may go wrong with the product. If it does state this you have very little chance of making a successful compensation claim. When you make a claim make sure you pin point exactly what happened with the product and the defect or faulty part of the product. This will help prove your claim that the product is faulty and caused you a personal injury or property damage.

If there were any witnesses of the accident whether it was a faulty product causing injury to yourself or causing property damage take names and addresses so they can be contacted later in the claim. If you took any photographs of the faulty product, your injuries the property damage this can be used as evidence. The more evidence you have the more likely your claim is to be successful. A final piece of evidence to help you make your compensation claim is to have a medical record of your injuries. You may have had to go to hospital with your injuries or just to the doctor whatever it may have been these medical records will be able to prove your injuries.

A point to remember, if the retailer or manufacturer offer you a replacement for the product that was faulty or defective that caused you injuries or your property some damage, the retailer or manufacturer will dismiss your compensation claim if you go ahead after you’ve accepted a replacement.


Jene Pedder is the Webmaster of Accident Consult who specialise in Personal Injury Compensation Claims.

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Claiming Compensation after a Motorcycle Accident

If you ride a motorcycle you’re more than likely to know someone whether a friend or family member who has had an accident whether in a car, on a bus, in a lorry, as a pedestrian or on a motorbike. Motorbike accidents are common occurrences on Britain’s roads as more and more people take to riding motorcycles instead of a car. People see it as freedom and excitement and also easier to get through the traffic but they forget about some people aren’t fully aware about what’s going on around them.

Every year there’s thousands of motorcycle accidents caused by another vehicle may it be a bus, car or lorry. These accidents usually involve the other driver not seeing you and pulling out of junctions and you can’t do anything about this except hit them. Other accidents include other vehicles not seeing you when you’re moving from lane to lane or passing them, then they are most likely to hit you. These can be very serious accidents especially for you as you’re likely to be thrown from your motorcycle and if you have a passenger on pillion there even more likely to be thrown off the motorcycle.

There are other motorcycle accidents of course when the motorcycle is at fault; they may have been showing off doing wheelies or just going too fast. Every year thousands of motorcyclists die because they don’t pay enough attention. Many car drivers don’t like motorcyclists as they intimidate them and this of course isn’t good. Car drivers need to be made aware that most motorcyclists ride carefully and just enjoy riding their bike not to show off but to get the feeling of freedom they get from riding their bike.

If you have been in a motorcycle accident and it wasn’t your fault, you have a legal and civil right to claim compensation from the other party involved. Having an accident on a motorcycle can be a lot worse than having an accident in a car due to having the car to protect you but as a motorcyclist you only have your leathers, boots and helmet to protect you. Of course if you don’t wear leathers you are asking to be hurt, as if you have an accident you wont be protected.

Your injuries may include:

• Broken Bones
• Spinal Injuries
• Neck Injuries
• Cuts and Bruises
• Internal Injuries
• Head Injuries

No-one wants these injuries, but if you are the injured party in motorcycle accident and received any of these injuries you are entitled to compensation to cover any medical costs and medicine charges, loss of earnings if you’re unable to work with your injuries. Of course if your injuries are permanent you may not be able to work again, your compensation payout would cover this. As well of these your compensation will cover any suffering mentally and physically you’ve been caused from the accident.

Don’t sit and suffer in silence, it’s your legal right to claim compensation if the accident wasn’t your fault and you’ve suffered from any injuries. Claim Today!


Jene Pedder is the Webmaster of Accident Consult who specialise in Motorcycle Compensation Claims.

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Wednesday, January 02, 2008

The Myths about Claiming Compensation

There are many myths around how to make a compensation claim and how to go about it, and therefore so many people are afraid to even consider making a claim when they should as they are not only suffering from their injuries caused by the accident but also the loss of earnings and medical costs they are having to pay.

I will consider the myths in which put people off in making a compensation claim these are as follows:

Compensation Claims are Complex and Take a Long Time – if there is no issues with who is liable then the case will take around 8-12 months which isn’t a long time. If the liability is disputed the case will take longer as well as serious injury cases. At the start of the claim you will need to fill out quite a lot of paperwork but once that’s done your solicitor will take care of other things and try and make the claim successful with little hassle and delay.

You have to go to Court to Claim Compensation – most compensations claims are actually settled out of court and long before a court case is necessary. Everyone knows it’s cheaper to settle out of court and it also saves time for everyone. Only around 4% of compensation claims reach court for settlement.

Compensation Claims take Years to Settle – most compensation claims take around 8 to 12 months and therefore under a year. If there are problems within the case around liability then the case may take a couple of years.

The Law Protects Big Companies – in the UK the laws that are in place protect the public more than the companies. The UK is one of the most compassionate and considerate in the world. Maintenance of roads, vehicles and work environments are all closely watched under Health & Safety Regulations.

All of the Solicitors are Out to Get What They Want with Hidden Charges – solicitors easily get a bad name with bad press surrounding them from radio to papers to news channels. But solicitors are one of the best professionals which are regulated in the UK. There are always bad press saying that solicitors hide charges especially with the basis of No Win No Fee. In 2000 the legislation of No Win No Fee came into play which solicitors will work on your case for free in England and Wales.

Making a Claim Against your Employer will get you Sacked – there are many accidents each year that happen at work but many don’t claim as they believe they will be sacked if they do. An employer cannot sack you on the grounds that you are claiming against them; if they do you should claim for unfair dismissal. The law protects workers who have been with the employer for over 12 months.

You Cannot Obtain Medical Treatment whilst Claiming Compensation – this is just silly, if you have injuries they need to be looked at and cared for so they heal up as quickly as possible. The other party’s insurers may require to see you through your recovery process so they themselves can see the injuries you have. The quicker you receive treatment the quicker you are likely to respond and recover from your injuries.

I hope this had put your mind at rest and made you think clearly about claiming compensation if you have suffered injuries mentally or physically from an accident that wasn’t your fault. Whatever the injuries may be you have a legal and civil right to claim compensation.


Jene Pedder is the Webmaster of Accident Consult who specialise in Making a Compensation Claim.

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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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