Compensation Claim

What can you be compensated for following an injury?

Categories: Compensation Claim,Personal Injury Lawyers | Tags: , , | Written by Hilary on September 30, 2009

 

When you suffer an accident, whether it’s an accident on the street, while you were at work or even driving your car, you are able to claim compensation following that accident. The personal injury compensation is more commonly used to pay for the distress and pain suffered during an accident, but compensation is also for other things associated with an accident.

For example, if you have suffered an accident you may have incurred medical bills form your accident if you are private. The costs of this could be recovered from the guilty party’s insurance company.

Also, if you have missed work as a result of the accident and have lost out on earnings you could be compensated for that. You could even claim compensation for travel costs, physiotherapy and even a hire car while your vehicle is being repaired.

If you use a no win no fee lawyer, your personal injury lawyer can also claim their costs back during the claim, which is why they’ll work for you free of charge.

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Should I claim for compensation following an accident?

Categories: Road Traffic Accident (RTA),Slip and Trip | Tags: , , | Written by Paul on September 28, 2009

 

Some people wonder whether they should file a compensation claim following an accident, such as a car accident or an accident at work. They believe that profiting from the accident isn’t just and that they should get on with their lives and put the incident behind them.

However, what about the injuries you have suffered? If you have missed work through your injuries, have suffered serious pain, have had the inconvenience of putting your life on hold and seeing a doctor then you deserve to be compensated. You also have a moral obligation to ensure that the pain you have suffered doesn’t happen to anyone else.

For example, if you suffer an accident at work and make light of the incident your employer may not take the necessary steps to ensure that your place of work is safe. This means that someone else could befall the same accident that you have suffered, possibly even hurting themselves more severely that you have done. There could even be a fatal accident at work as a result of you not making a claim for compensation against your employer, and that is something you would not want to live with.

You deserve to be compensated for accidents and you should also do your best to make sure those accidents don’t happen again.

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Woman receives £750 compensation for discrimination

Categories: Compensation Claim,Emotional Distress | Tags: , | Written by Michael on September 27, 2009

 

Mihaela_Popa_2_1488795cA Romanian woman who worked as an accountant for PricewaterhouseCoopers made a £40,000,000 compensation claim against her former employers after she claimed she was given an unfair reference following her resigning from work.

She claimed that the London firm treated her like a prostitute, forcing her to quit her job. However, she has been awarded just £750 in compensation for her trouble.

The tribunal found that she was indeed given an unfair reference by PricewaterhouseCoopers after she resigned in 2006, although they also ruled that her unfair reference was an isolated incident and she had not been mistreated during her time with the firm.

The panel ruled that the unfair reference didn’t impede her financially or in her career as she went on to land another, more lucrative, job.

We find that in no way whatsoever did the unlawful victimisation either prevent Miss Popa obtaining employment or cause her to lose employment.

There is no loss of chance in this case. This is simply a case of injury to feelings.

In the circumstances, we take the view that we are looking at an isolated incident of victimisation or retaliation.

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Choosing the right personal injury lawyer

Categories: Personal Injury Lawyers | Tags: , | Written by Hilary on September 26, 2009

 

When you suffer an accident and you’ve received injuries from that accident you are able to make a claim against the guilty party for compensation. You may have suffered a fall or trip at work, you may have fallen in the street or you may be the victim of a car accident; whatever the reason for your injury, if someone is liable for your injuries you can claim against them for compensation.

However, it’s important that you choose your personal injury lawyer very carefully. There’s no point picking a personal injury lawyer who isn’t a specialist as they probably won’t know the best ways to proceed with your claim.

You also should only pick one that offers no win fee, as you don’t want to be paying any money up front before your claim. Some personal injury lawyers ask you to pay money or sign a loan agreement before proceeding. You should avoid those.

Finally, choose personal injury lawyers who are experienced. You don’t want to find that you’ve lost your chance to claim, as happened to this couple, because of a mistake from your personal injury lawyer.

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Why it’s important to seek medical attention after an accident

Categories: Compensation Claim | Tags: , , | Written by Hilary on September 25, 2009

 

Whenever you suffer any sort of accident you should seek medical attention for your injuries. You never know just how badly injured you may be, or how the symptoms can affect you later, so the advice and consultancy of a doctor is essential following an accident.

This is especially true when any head injuries have occurred. You may become tired, groggy or nauseas afterwards and this could be a sign of serious injury.

It’s also important to seek the advice of the doctor following an accident because this will add validity to any claim you make for compensation. When you contact a personal injury lawyer to discuss whether you may be liable to claim for compensation, one of the first things they’ll ask is if you attended the hospital following the accident. They will be able to use the report from the doctor as evidence in your case, which increases your chances of receiving a compensation payout from the insurance company of the guilty party.

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Personal injury lawyer sued for failing to file case in time

Categories: Personal Injury Lawyers | Tags: , | Written by Paul on September 24, 2009

 

A couple from St. Louis, USA, are suing their personal injury lawyer after he failed to file their case for compensation in time, allowing the statue for limitations to expire meaning they could no longer claim for their car accident.

The couple, Kenneth Funk and his wife Laurine, were injured in a car accident in 2005. The accident was not their fault, as another man, Todd Kessler, crashed into the side of their car.

However, their personal injury lawyer, Jeffrey S. Hamel, didn’t gather the necessary documents in time to file the claim against Mr Kessler, and didn’t even tell the couple that he had failed to do so.

The law suit, brought by the couple against the personal injury lawyer, states:

But for Defendant Attorney’s negligence, as pleaded above, Plaintiff would have been successful and recovered monies in his personal injury claims against Kessler arising out of the September 19, 2005 crash.

The couple are looking for $100,000 in compensation from their former personal injury lawyer, a similar figure to that which they would have claimed had their case been filed in time.

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Personal injury claim in Leeds thrown out

Categories: Compensation Claim,Slip and Trip | Tags: , | Written by Michael on September 23, 2009

 

A man tried to make a claim for compensation for injury in Leeds after he allegedly tripped on a paving slab and smashed his knee on a BT junction box. However, it emerged in Leeds court that the man had damaged his knee after being involved in a fight.

The man’s compensation claim for £617,000 was thrown out of Leeds court and the man, twenty-four-year-old Ryan Kirk, was given a 1 year prison sentence. Luckily his sentence was suspended for 2 years

In addition to the suspended sentence, Mr Kirk has to pay the legal bills of the council, which amount to £10,832, and he has to complete 240 hours of community service.

Kerry McGill, the judge presiding over the case, stated that Kirk’s father (who knew of the fraudulent claim yet convinced his son to continue to make it) would be facing a heavy sentence if he were to be charged. Ryan Kirk however escaped a more severe penalty because of his learning difficulties, which the judge took into account.

Judge McGill commented on fraudulent compensation claims:

These claims are a blight on the public purse. They can cause all sorts of problems.

You were a stupid boy … consider yourself an extremely fortunate young man. And a word of warning to any parent who is blind to what is going on – be careful in future.

Insurance investigators found a call made by Kirk to 999 where he admitted to kicking the box after a fight. Kirk’s personal injury lawyers in Leeds then refused to represent Kirk, but he pursued the claim himself.

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