Compensation Claim

Compensation claims no get out of jail

Categories: Compensation Claim | Tags: , | Written by Paul on November 21, 2009

 

Prisoner Mr Leslie Malcolm recently made a compensation claim from the Ministry of Justice because he thought that his right to an hour’s exercise per day had been neglected.  Mr Malcolm was serving a life sentence at HMP Frankland in 2007 and felt he was only being allowed outside for about thirty minutes each day.  The alleged consequence was joint pain and psychological stress which amounted to personal injury.

As reported on Telegraph.co.uk earlier this month, Mr Malcolm’s barrister Ms Philippa Kaufmann put his case in the strongest terms.  She told Justice Sweeney that her client’s human rights had been violated.  Ms Kaufmann stated that there had been “interference with his psychological integrity” due to the lack of exposure to light.  Moreover, she pointed out that the alleged limit to his ability to exercise had made Mr Malcolm feel very unhealthy.  The unsatisfactory situation, she informed the court, had endured for a period of six months.  While Ms Kaufmann pressed the case for compensation, (more…)

Related Personal Injury News


How to make your compensation claim easier

Categories: Compensation Claim | Tags: , , | Written by Hilary on October 31, 2009

 

Road traffic accidents, or RTAs, are among the most common types of compensation claims made in the UK. There are hundreds of minor accidents on the roads and in car parks every day, and while many of them pass off without any injuries, all too often someone is injured and can claim for personal injury compensation.

Whiplash is one of the most common types of injury, and can be suffered by someone even if the other car is travelling at low speeds. When you are the victim of an accident, you can make your claim stand a better chance of success if you follow this checklist.

  • Take photographs of the scene, this always helps insurance companies to apportion blame
  • Get names of everyone involved in the car, including phone numbers, addresses and insurance details
  • Take details of witnesses, with full contact details. This could be essential in finalising your claim
  • Report the incident to the police and receive a crime number
  • Seek medical attention from a hospital or a GP. Where possible, phone for an ambulance

By following these steps you should give your personal injury claim a better chance of success.

Related Personal Injury News


Why claiming for personal injury is right

Categories: Personal Injury | Tags: , | Written by Paul on October 29, 2009

 

Personal injury claims have developed something of a negative press over the last few years. They are perceived in the media as people trying to get money that is not owed to them, and unscrupulous personal injury lawyers are profiting from it.

However that’s not the case at all. When you suffer an injury and someone is to blame for the injury, you deserve to receive compensation for your injuries. Why should you be out of pocket because of something that was not your fault?

Claiming personal injury compensation is just and right because it is money that owed to you. You could be claiming compensation for a number of different things, without which you could find yourself at a financial loss.

For example, you could be claiming for:

  • Medical expenses incurred because of your injuries
  • Damage to property, such as a vehicle
  • Hire of a courtesy car while your car is being repaired
  • Loss of earnings if you are unable to work (if you are self employed this is crucial)
  • Compensation for your suffering and pain

All of these are legitimate expenses that you should be paid for when you suffer an injury due to someone else’s fault.

Related Personal Injury News


Does Britain have a compensation culture?

Categories: Personal Injury | Tags: , , | Written by Paul on October 13, 2009

 

Personal injury claims are becoming more widespread in today’s culture, with the option to claim compensation following an accident becoming far more accessible. Whether it is an accident at work or a road traffic accident, compensation claims have become a popular option for those who may be losing out at work due to injury or who have medical bills to pay.

In this age of health and safety paranoia, we are inundated with claims firms every time we open a newspaper or turn on the television. Reports from the BBC claim that this “compensation culture” costs the UK £6.8bn a year in payouts and legal fees.

From the point of view of those on the receiving end, the ability to claim compensation for an accident can be a godsend. These are people who may be missing out on monetary reward due to an inability to work, or who have medical bills to pay. Sometimes, their only way to stay on top of things is to claim compensation.

Surely, if you are injured, through no fault of your own, it is only fair that you are able to receive some form of recompense – some way for the guilty party who has caused your accident to make up for their carelessness? Of course, there are always those who try to abuse the system with false claims, and they’re the ones who give the genuine claimants a bad name, and encourage the image of Britain as a “compensation nation”.

Related Personal Injury News


The Ethics of Personal Injury Claims

Categories: Compensation Claim,Personal Injury | Tags: , | Written by Hilary on October 10, 2009

 

In our present ‘suing’ society there is no doubt that there are large amounts of money to be made via personal injury claims. For example, in the past five years alone, money to the tune of £3.5m has been paid out by the Department of Regional Development in compensation claims. These claims are due to substandard footpaths and roads which have led to both personal injury and damaged vehicles.

What, though, are the ethics of a personal injury claim? It is one thing for a person who has been seriously injured in an accident which is no fault of their own and the result of incompetence or negligence to claim compensation if the injury they have sustained makes it impossible for them to work, be it for a period of time or permanently, or has caused them lasting emotional trauma. But what if, whilst the person was harmed in some way, it has had no serious repercussions for either their working or personal life? Should they still claim compensation?

It is also important to consider the actual definition of the word ‘accident’. The Oxford Dictionary Online defines it as:

accident
• noun 1 an unfortunate incident that happens unexpectedly and unintentionally. 2 an incident that happens by chance or without apparent cause. 3 chance.

With such a definition, how are we to apportion ‘blame’? If an ‘accident’ is simply an ‘accident’, who should pay compensation to the victim? If indeed we can refer to a ‘victim’ in this context. It is not as if the Government does not provide for those who are unable to work. Do people really need a large lump sum in payment if they trip over a step? Sometimes bad things happen, and it is no one’s fault.

Related Personal Injury News


Department of Regional Development pays millions in compensation

Categories: Compensation Claim,Public Liability,Slip and Trip | Tags: , , | Written by Michael on October 6, 2009

 

The DRD (Department of Regional Development) has revealed that it has been forced to pay out over £3.5 million in personal injury compensation in the past five years due to potholes and uneven pavements. The DRD has paid compensation for damage caused to vehicles because potholes in the road, and for personal injury compensation in Ireland.

The department also revealed that it has an outstanding 492 claims for injury compensation and damage that are yet to be resolved.

According to a spokesperson for the DRD, they repaired some 200,000 potholes and unsafe pavements in 2008, with safety being their top priority. Despite their claims, claims due to uneven road and pavement surfaces have risen sharply over the last few years, with 1,800 claims in 2008 compared to just over 1,000 claims in 2004.

SDLP MLA John Dallat expressed his concern over the amount of compensation claims that had been made and the amount of money that had been paid out:

The vast majority of these claims are a result of massive cutbacks in the roads budget.

The folly of it is that while the department is saving money from the cuts, they are then having to pay out major sums of money to people who are injured or whose cars are damaged as a result of bad roads.

We’re not talking about a pothole here and a pothole there. My understanding is that a lot of these claims are coming out because of roads with major deficiencies causing significant damage to expensive cars.

Related Personal Injury News


What compensation can I claim for after an accident?

Categories: Compensation Claim | Tags: , , | Written by Hilary on September 22, 2009

 

When you suffer a car accident and the fault lies with someone else you are able to make a claim for compensation against the person responsible for the accident. However, you may be wondering what exactly you can claim for. When you make a compensation claim following a car accident, what is the money for and are you entitled to it?

You claim for the following things:

Damage to your car
You can claim compensation for the damage to your car and the cost of repairing your car.

Replacement car
You can claim for the cost of a hire car while your car is off the road. This could be for a few days, or even for several weeks or months.

Physio and medication
Any medical work you have done, even physiotherapy, as a result of your accident can also be claimed for against the guilty party.

Loss of earnings
If you have missed work as a result of your injury, or have been unable to work since your accident, you can claim compensation for your loss of earnings.

Injuries
You can of course also claim for the injuries and suffering you have endured as a result of your accident.

Related Personal Injury News


We comply with the Solicitors' Introduction and Referral Code published by the Law Society, and any solicitor [or registered European lawyer] to whom we may refer you is an independent professional from whom you will receive impartial and confidential advice. You are free to choose another solicitor [or registered European lawyer].
Copyright © 2011 Personal Injury Bureau