Compensation Claim

Can I claim compensation for whiplash?

Categories: Road Traffic Accident (RTA) | Tags: , , , | Written by Michael on August 31, 2009

 

Whiplash is perhaps one of the most common of all injuries that result in claims for compensation. If you’ve had a car accident where you’ve been struck from behind you’re very likely to suffer from whiplash, which is a pain in your neck and shoulders caused by your head being thrown forward violently and unexpectedly.

Whiplash injuries almost always follow on from car accidents, and sometimes the effects of whiplash can be delayed for some days afterwards. If you have had a car accident you should always seek professional help from the doctor or hospital first. They can diagnose whether you have suffered any injuries, injuries that you could claim compensation for.

Once you have seen the doctor, make contact with a personal injury lawyer, preferably a no win, no fee personal injury lawyer. They’ll be able to take your details, information about your accident and explain what happens next.

If you are able to make a claim for compensation, they’ll help you with that and handle all of the difficult technical and legal aspects of the claim, leaving you free to recuperate from your injuries and look forward to your compensation cheque.

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School kids paid £3 million in compensation

Categories: Compensation Claim | Tags: , , | Written by Hilary on August 29, 2009

 

According to recent figures, nearly £3 million was paid to school children and their parents last year due to compensation claims made for injuries sustained while in school grounds.

This equates to more than £7,500 paid each day in compensation, £1 million more than was paid out in 2007.

Some of the injury compensation payouts are for innocuous accidents, such as the pupil from Derbyshire who was injured during Games and received £35,000 personal injury compensation.

A child in Suffolk was paid £9,000 when he was struck by a calculator, chipping one of his teeth.

Perhaps the most ridiculous claim was when a pupil in Fulham was paid £800 after he was struck by a lollypop that had been thrown to him by a teacher.

Susie Squire, a member of the Tax Payers’ Alliance, stated:

While no doubt some of these claims are legitimate it’s bonkers that many kids are getting cash just for falling over in the playground.

Each claim needs to be more carefully evaluated.

These claims are costing the education authority a substantial amount each year, which in turn affects the standard of education our children are receiving.

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£82 million on pavement slip and trips

Categories: Compensation Claim,Slip and Trip | Tags: , | Written by Paul on August 27, 2009

 

English councils have paid out more than £82 million in the last five years in compensation for injuries sustained by people tripping over on pavements. The figures came out because the Lib Dems requested the information as part of their Freedom of Information request, which over 90 separate councils in England responded to.

The highest amount of money paid out by any council in the last five years was £10.2 million, which was paid by Leeds City Council. Second place was awarded to Birmingham, who paid out £7.5 million, and then Liverpool who paid £5.5 million in compensation for pavement trips.

Tripping on pavements is very lucrative for personal injury lawyers as the average compensation payout in the last year was £11,426.

The top ten councils and their payouts for injuries caused by slips and trips on pavements is below:

Leeds City Council: £10,259,125
Birmingham City Council: £7,551,840
Liverpool City Council: £5,500,000
Stockport Metropolitan Borough Council: £3,957,897
Southampton City Council: £2,994,100
Cambridgeshire County Council: £2,917,111
Bradford Metropolitan District Council: £2,594,281
Oldham Metropolitan District Council: £2,258,879
London Borough of Barnet Council: £1,791,827
Knowsley Metropolitan Borough Council: £1,597,030

Norman Baker, from the Lib Dems, added:

With council and household budgets under more pressure than ever, the last thing the local taxpayer needs is to be paying massive compensation claims for injuries caused by dangerous pavements.

Although some councils are investing heavily to improve their footways, others seem content to almost ignore pedestrians entirely.

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Claiming compensation for a fall in a supermarket

Categories: Compensation Claim,Public Liability | Tags: , | Written by Hilary on August 26, 2009

 

Trips and slips are among the most common types of accidents that lead to compensation claims, and falls in shops in supermarkets make up a large portion of them. When you are in a shop or supermarket the owners of the store have a duty to ensure that you are safe, aisles are clear, there is no water or spillage on the floor and boxes are not balanced precariously. Any sort of accident in a shop as a result of negligence on the part of the store owner can lead to a compensation claim for injury, but negligence has to be established first.

For example, if someone spills water on the floor of a supermarket and you fall over it straight away you’re unlikely to be able to claim. However, if the floor is wet through a spillage and the store staff have been informed but have failed to do anything about it, then negligence becomes a factor.

Falling in a shop is one of the most common types of ‘fake’ or fraudulent claims made for compensation as people believe that stores have huge bank balances and are willing to pay out to avoid a fuss. This isn’t the case though, and faking injury in a store to claim for compensation can lead to criminal prosecution.

Only make a claim for compensation if you have been genuinely injured in an accident that wasn’t your fault.

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The importance of a witness in an RTA

Categories: Compensation Claim,Road Traffic Accident (RTA) | Tags: , | Written by Paul on August 25, 2009

 

When you’re the victim of an accident and someone has crashed into you, it’s absolutely vital that you have a witness to the accident. Without a witness or an admission of liability, you cannot claim for compensation for your injuries. Liability is essential for the successful outcome of any personal injury claim, as without an insurance company will not pay for your repairs or for your injuries.

Remember, just because you are the victim of the accident doesn’t mean that you’ll receive compensation for injury. You have to make sure that you can prove liability and the best way to do this is with an independent witness.

Make a note of everyone who is present, including names, car registrations (and make and model) and of course phone numbers and addresses. This information could be vital in proving blame for an accident, which in turn is vital for a successful compensation claim.

You can’t rely on the fact that someone might admit their guilt, even if they do so at the time they could always change their mind later when talking to their insurance company. Without a witness you could be left with a damaged car, serious injuries and no way to claim.

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Corby council to waste more public money appealing negligence judgment

Categories: Compensation Claim,Public Liability | Tags: , | Written by Hilary on August 22, 2009

 

Corby council was judged to be guilty of causing birth defects in children due to its negligence in allowing people to be exposed to toxic waste. However, the council has decided to waste more public money further appealing the decision and delaying the payment of compensation to the families affected.

Chris Mallender, the chief executive of the council, stated that they would appeal the decision because they felt there was grounds to do so.

This has not been an easy decision for the council to reach and has not been taken lightly. We are all too well aware that this ongoing litigation is causing the children and their families continued stress and uncertainty. However, the council has to balance this issue against its rights and duties to the wider population and to council taxpayers.

The council was deemed to be “extensively negligent” in the way that it dealt with the toxic waste by Mr Justice Akenhead.

The toxic waste being dumped on the site is believed to have caused significant birth defects in children born in the area between 1989 and 1999. The council denied that the toxic waste caused the abnormally high number of birth defects, in spite of strong evidence to the contrary.

The cost of appealing is believed to be in excess of six figures, though compensation eventually paid by the council to the families would be a lot more than that.

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Family win compensation for death of school teacher

Categories: Compensation Claim,Road Traffic Accident (RTA) | Tags: , , | Written by Michael on August 20, 2009

 

A family has won a compensation payout of £580,000 after the death of a schoolteacher from Manchester. The man, forty-four-year-old David Kerslake, was cycling home from school when he was hit by a car in 2004, suffering fatal injuries.

The driver of the car that struck David suffered a hypoglycaemic attack, which resulting in him losing control of his vehicle and ploughing into the cyclist. The driver’s insurance company covered the costs of the compensation claim, which have gone to David’s wife Jacqueline and his daughter.

His wife is a nurse at Manchester’s General Hospital. She stated:

I had a lot of reservations about fighting for compensation – how do you put a price on someone’s life?

However, I received a lot of support and when we won it was a relief as it means that my little girl will be financially secure for the future.

It was horrendous going through the process, but at least it gave some recognition for his life being lost.

He was amazingly popular. The money will never bring David back, but at least I feel like we have some kind of future at last.

This story shows an insurance company happy to pay out for the loss of life, which is all credit to them. All too often insurance companies try to avoid paying in these circumstances.

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