Accident Types
Risk is an everyday fact of life. Unfortunately, accidents can and do occur – frequently. Although many such accidents – which are commonly referred to as ‘acts of God’ or nature – are completely unavoidable or unforeseeable, those that stem from an act of negligence are very often subject to compensation.
Clearly, financial reward cannot undo a broken leg or shattered vertebra as much as it cannot bring back the life of a loved one. However, compensation allows the victims and families affected by negligent acts to redress the balance insofar as is legally possible.
In considering negligence and accidents, it is important to stress that there is no definitive list of the types of injuries or acts that can be covered by the law. In short, the law of requires that certain conditions are satisfied before compensation is awarded, which is a process that our fully qualified and professional lawyers will be able to explain when discussing any potential claim. In the broadest terms, however, it is possible to list the various types of claim that are covered by our comprehensive legal service.
Arguably the most common of all such claims is legal action pertaining to car accidents and whiplash injuries. These are everyday occurrences that will almost always feature an act of negligence. Indeed, all drivers have a duty of care to other road users, which, if breached, can cause harm or loss of some description.
Other types of claim involve accidents in the workplace, which are commercially sensitive in many cases and often centre upon slips or falls; together with criminal assaults; public liability; industrial disease; and medical or clinical negligence. In addition to many other types of claim, dog attacks; airline accidents; holiday accidents; and public or private transport accidents regularly feature in our case load.
Airline Accident
If you have been injured following an accident on board of a commercial or private aircraft, or during embarkation or disembarkation from an aircraft around the globe, you may be eligible to make a claim for compensation in view of your injuries. Alternatively, if a member of your family has been involved in a fatal aircraft accident then you may be entitled to bring a claim for bereavement, funeral expenses and loss of household income, provided you are a dependent.
It may be possible to pursue a claim against your air carrier in the UK under the Montreal Convention, even if your accident occurred outside of the UK. You may have a choice of where to bring your claim, including the country where the carrier is based, your destination or your home country, provided the carrier has some business there. Further, the Convention stipulates that you may be eligible for compensation even where the aircraft carrier was not at fault.
Damages can be awarded for pain and suffering, loss of earnings, loss of amenity and medical expenses. It is worth knowing that the time limit to bring a claim for injuries sustained while on an aircraft or during embarkation and disembarkation is only two years. If you think you might be able to bring a claim for your injuries, contact one of our experienced claims handlers by completing an online claims form or calling 0800 612 2590. During this initial consultation, the claims handler will discuss the details of the injury and the accident with you, so we can assess the merits of your case.
Bus Accident
If you are injured in a bus accident, you may be eligible to make a claim for personal injury compensation. The most common injury you might suffer in a minor bus accident is whiplash, occurring when the spine is stretched and strained after the body is thrown forward forcefully during sudden deceleration. Crashes at speeds as low as 5mph can cause whiplash injuries, with symptoms including neck, jaw and shoulder pain, lower back pain, a reduced range of movements,
headaches and dizziness. Symptoms are not always immediately apparent and may not develop until 6-12 hours after the injury or even a few days. The effects of whiplash tend to be short-term, but some injuries can lead to long-term pain and discomfort and in some extreme cases, permanent disability.
You may be able to claim on grounds that the injury was caused by the bus driver’s negligence, since all bus drivers owe a duty of care to their passengers. If the driver is driving recklessly he or she may have been negligent, in which case you are eligible to seek compensation from the bus driver or the bus company. You may also be able to bring a claim if another driver was driving without due care and caused the accident resulting in your injury.
If your injury occurred within the last three years, you may be able to receive compensation for pain, suffering and loss of earnings. The amount of compensation received depends on the severity of your injuries, the duration of your pain, the length of recovery time and the impact on your day-to-day life, ranging from around £1,000 to £86,500 for whiplash injuries.
Car Accident
Car accidents are one of the most common reasons that we make claims in the UK. In the region of 400,000 car accidents happen every year and they cost the NHS over £470million. If you’ve recently had an accident while in a car we advise you not to suffer in silence. Even seemingly slight injuries can lead to medical complications over time if left untreated or undiagnosed. Remember that not all injuries have immediately obvious symptoms but some apparently mild injuries can still be fatal if they go unnoticed.
It’s essential that you keep notes on what happened after your accident and see a doctor as soon as possible to assess the damage, even if you feel fine at first. Sometimes the initial shock of a car accident can hide unseen but very serious medical issues such as blood on the lungs or even damage to your brain or spine (such as a whiplash injury).
Often people make claims after car accidents in order to recoup medical expenses or to replace the money they have lost by being made unable to work. Making a claim against the person who caused the accident can be a good idea and we’re here to help.
If you’ve suffered a recent injury you might feel that you need to focus on recovery, so getting online and trying to sort out an accident claim could be the last thing on your mind! However, making a car accident claim through no win no fee is easy and risk free. Take a look at our claim process today and you’ll see how simple it is!
Car Recalls
If you have been injured as a result of a serious car manufacturer fault that has resulted in a recall of those vehicles affected please get in touch. Our Specialist teams of Solicitors are experts in gaining compensation and analyzing cases involving serious product fault and the liability associated upon manufacturers. Recent Car Manufacturer recalls include:
Toyota Prius – Jan 2010 1.1m cars recalled in US already due to concerns over accelerator sticking
Toyota Prius – Jan 2010 More concerns in UK over potential brake issue
Bentley – Jun 2008 recall 33,155 cars over fire fear
Vauxhall Corsa – Dec 2007 recalls over 355,000 cars over brake safety concerns
Lexus – Nov 2007 over 4000 cars in UK recalled due to faulty fuel pipe concerns
Peugeot – Over 240,000 307 model cars recalled due to ABS brake concerns
Clinical Negligence
Health professionals – including doctors, dentists, nurses and so on, whether funded by the National Health Service (NHS) or privately – obviously have a duty of care to patients. If the level of care provided falls below a certain standard, whether through failure to diagnose or treat a condition, misdiagnosis or failure to obtain consent, resulting in physical injury or mental deterioration of a patient, the health professional(s) concerned may be guilty of clinical negligence. One recent trend, for example, has been an increase in the number of clinical negligence claims relating to hip and knee replacement surgery outsourced to private treatment centres by the NHS in an effort to cut waiting lists.
In order for a claim for compensation for clinical negligence to be successful, however, the burden of proof – that, say, a doctor was at fault and his, or her, failure led directly to the injuries being claimed for – lies with the claimant. A healthcare professional or hospital has, by law, three months in which to investigate a complaint, so the pursuit of a clinical negligence claim can be distressing and may take months, or even years, to complete.
A “no win, no fee” agreement between you and specialist clinical negligence solicitor could not only reduce the amount of heartache involved in pursuing your claim, but means that if your claim is unsuccessful, you don’t need to pay anything at all. If your claim is rejected, you may still be liable for court costs and related fees, but these are typically covered by insurance taken out by the solicitor.
Criminal Injury
Under Common Law, assault is defined as “an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact”. In other words, anyone who threatens or attempts a physical attack on another person and appears capable of causing bodily harm is guilty of assault. Theoretically, no physical contact is necessary – although, obviously, most assaults do involve physical contact of one form or another – and a threatening movement, such as shaking a fist, is enough to constitute assault.
It is a sad fact that thousands of people up and down the country are the victims of assault, often by people they know, with many of these cases leading to criminal injury claims. Criminal injury, or criminal assault, claims in England, Scotland and Wales fall under the auspices of the Criminal Injuries Compensation Authority (CICA), which has some fairly strict rules regarding eligibility for compensation. For example, you must have been injured sufficiently seriously to qualify for the minimum compensation available, received documented medical attention for your injuries and reported the assault to the police within 48 hours.
If you fail to satisfy all the conditions laid down by the CICA – and there are often valid reasons for doing so – it does mean that you are, necessarily, ineligible for compensation. What may be useful in more complex cases, however, is a personal injury lawyer who can explain the intricacies of your particular case to the court and obtain as much compensation as you are entitled to.
Dog Attack
The most important piece of legislation in place for the protection of the public from dangerous dogs is the Dangerous Dogs Act 1991. The Act prohibits certain types of dogs, such as Pit Bull Terriers, bred expressly for fighting, but also prohibits dogs with similar physical characteristics and behavioural traits. Indeed, the owner of any dog that injures a person whilst out of control is guilty of an aggravated offence under the Act.
Dogs can behave unpredictably towards strangers when protecting their own territory – typically a home and garden – and may therefore pose risk of injury, or even death, to postal workers, couriers, social workers or anyone else who needs to enter these areas for the purposes of their work. Of course, a dog attack can occur almost anywhere and even a minor attack on you, or a loved one, could result in out of pocket expenses for prescription charges, etc.. A major attack could leave you seriously injured, affect you psychologically or even lead to loss of earnings as a direct result.
If you are the victim of a dog attack, you should, of course, seek safety and medical attention, but afterwards you should report the incident to the police and consider pursuing a claim for personal injury compensation. Contacting the police means that the attack will be investigated and the owner of the dog may be liable for prosecution under the Dangerous Dogs Act. In addition it will also provide evidence of the attack, which can be used in court by a lawyer to pursue a personal injury claim.
Fatal Accident
Thankfully, the fatal accident rate in the UK is consistently one of the lowest in Europe. Nevertheless, provisional figures from the Health & Safety Executive (HSE) show that nearly 600 workers and members of the public died as the result of occupational or workplace accidents in 2008/2009 and many others in road, aviation and marine accidents and elsewhere.
The emotional trauma associated with losing a loved one in tragic circumstances can often be overwhelming, but, at some point, you also need to consider the financial implications of the loss. This is especially true if a fatal accident occurred as a result of a wrongful act or negligence by another party, in which case you may be able to make a claim for fatal accident compensation. Of course, no amount of money can ever fully compensate for the loss of a loved one, but it may mean that you do not need to be concerned with financial matters at a time when you feel the least equipped to do so.
The period following a fatal accident is a sensitive time for all concerned, yet, to the layman, the legislation associated with making a claim for fatal accident compensation – principally the Fatal Accidents Act 1976 – can appear involved and exacting. However, the application of the law is more straightforward than it may first appear and a fatal accident claim lawyer can help you to present your case as effectively as possible, so that you receive the maximum amount of compensation.
Holiday Accident
Receiving compensation for injuries or illnesses that were not your fault and occur while on holiday can seem complicated, especially if you are unfamiliar with the country you are in. We can help you pursue compensation on a ‘No Win No Fee’ basis for accidents such as injuries during transfer, injuries occurring as a result of sports or other activities or food poisoning, provided they were caused by the negligence of a third party
To proceed with a successful holiday injury compensation claim, you would need to prove that another person was responsible for your personal injury. Tour operators are under a duty to ensure that your accommodation is safe and hygienic and that you are not unduly exposed to the risk of injury or illness. The person responsible could be your travel agent or their representatives (such as hotel staff), as well as local authorities and excursion operators.
No two holiday compensation claims are the same and our specialist lawyers will adapt to your particular circumstances and ensure that your claim is handled in the right way. Even if your holiday accident took place outside of the EU and you did not book through a UK operator we will strive to enable you to claim compensation from those responsible for your injuries. The amount of compensation you can receive depends upon the jurisdiction your claim will be heard in, as well as the extent of pain and injury and the impact upon your expectations of the holiday. If you feel you might be eligible to make a claim for injuries or illness suffered on holiday, contact us by completing an online enquiry form or calling 0800 612 2590.
Industrial Disease
Injuries, diseases and infections suffered as a result of employment range from minor problems to severe and life-long consequences. Industrial diseases attributable to conditions of employment include asbestos-related diseases, other respiratory diseases, skin diseases, vibration white finger, industrial deafness and tinnitus. It is estimated by the Health and Safety Executive that approximately three thousand workers die each year as a consequence of exposure to asbestos products.
Poor safety conditions, exposure to a substance or unsafe working practises are the primary causes of such injuries and health problems. Many employees affected by an industrial disease are unaware that their health problems relate to their job. Sometimes, industrial diseases may be attributable to a number of employers over a period of a lifetime in work. Thus, an industrial disease claim can often involve an investigation into the detailed employment record of a claimant.
If you have suffered personal injuries as a result of a industrial disease, you may be eligible to claim compensation for your injuries. Further, if a family member suffered from injuries attributable to industrial disease then you may be entitled to bring a claim for bereavement, funeral expenses and loss of household income, provided you are a dependent.
If you became aware of the seriousness of your health problems within the last three years, you may be able to receive compensation for pain, suffering and loss of earnings. The amount of compensation received depends on the severity of your injuries, the duration of your pain, the length of recovery time and the impact on your day-to-day life, including your employment capacity. If you feel you might be eligible to make a claim for industrial disease, contact us by completing an online claims form or calling 0800 612 2590.
Medical Negligence
Every single day, patients in the United Kingdom deal with complications and suffer or even die because of medical negligence. When you go to the hospital or visit a doctor, you put your care in their capable hands and you expect them to do their utmost to make you comfortable and help you to heal.
Therefore, it can be incredibly stressful and upsetting when things go wrong and medical professionals carry out actions which make injuries or medical problems worse due to their own negligence. If you have experienced medical negligence recently or someone you love has suffered or even died as a result of medical malpractice or irresponsibility then it’s important you seek compensation.
It often feels like no amount of money could ever make up for the pain or distress caused by medical negligence but setting an example and beginning to recoup expenses which you have incurred by not being able to work, having to pay for additional remedial treatments or even having to pay for travel costs can make a difference. Here at no win no fee we know how sensitive and personal medical negligence claims can be and we promise to listen carefully and offer impartial advice.
The sooner we make a start on getting you the compensation that you deserve, the sooner you can lay the issues troubling you to rest. The process is also incredibly straight forward and simple. If you would like to make a medical negligence claim, we recommend that you read our short claim process guide and get in touch today.
Public Liability
Under public liability law, every business or organisation has a duty of care towards members of the public or customers on their premises or in other public areas, such as pavements, roads, car parks, swimming pools, etc.. If anyone injures themselves in any of these areas and the injury can be shown to be directly attributable to negligence on the part of the organisation concerned, the organisation is in breach of its duty of care and can be subject to a public liability claim. Although not strictly a legal requirement, most organisations have public liability insurance as protection against such eventualities.
Public liability claims often result from slips, trips or falls caused by spillages of liquids or poorly maintained flooring in supermarkets or other retail outlets, but injuries can be caused by unsafe signs, walls and other structures, falling objects and a variety of other means. As such, public liability claims can be complex, with the onus on the claimant to demonstrate that their allegations are valid under the law.
If you are injured in a public place through no fault of your own, you should, in the first instance, report the incident to the organisation concerned, so that it can be entered in their accident book. Photographs of any offending surface, structure or equipment, including measurements, as well as evidence of your injury itself, may prove useful in support of your claim and you should also keep a record of any medical expenses resulting from the accident. Most of all, however, you should consider employing a personal injury specialist to pursue your claim on your behalf.
Taxi Accident
When a third party is responsible for an injury you have sustained in a road accident, where you were travelling in a taxi, you may be able to make a claim for compensation in view of your injuries. The driver of the vehicle you are travelling in as a passenger owes you a duty of care to drive safely. If this duty is breached and you suffer personal injury through no fault of your own then you may well be eligible to bring a claim on the grounds that the accident was caused by the taxi driver’s negligence, in which case may well be eligible to seek compensation from the taxi driver or the taxi company. You may also be able to bring a claim if another driver was driving without due care and caused the accident resulting in your injury, since all drivers owe a duty to drive safely to other drivers and passengers.
The most common claims are for whiplash injuries, but claims can be made for a variety of road accident injuries, including broken limbs, bruises, or psychological injuries. The effects of whiplash tend to be short-term, but some injuries can lead to long-term pain and discomfort and in some extreme cases a permanent disability. If your injury occurred within the last three years, you may be able to receive compensation for pain, suffering and loss of earnings. The amount of compensation receive depends on the severity of your injuries, the duration of your pain, the length of recovery time and the impact on your day-to-day life. If you think you might be able to bring a claim for your injuries, contact us by completing an online claims form or calling 0800 612 2590.
Train Accident
Injuries sustained in train and railway accidents can often be severe and debilitating as a result of the serious nature of such incidents. If you have suffered personal injuries as a result of a railway accident or a train crash, you may be eligible to claim compensation for your injuries. Alternatively, if a family member has been involved in a fatal train or railway accident then you may be entitled to bring a claim for bereavement, funeral expenses and loss of household income, provided you are a dependent.
The most common injury you might suffer in a minor train accident is whiplash, occurring when the spine is stretched and strained after the body is thrown forward forcefully during sudden deceleration. The effects of whiplash are usually short-term, but some injuries can lead to long-term pain and discomfort and in some extreme cases, permanent disability. More severe physical injuries and psychological trauma could also be consequences of a serious train accident. If you have suffered a loss of limb or spinal injuries, resulting in an inability to work, you may be entitled to compensation for lost earnings as well as for pain and suffering from the train driver or the train company.
If your injury occurred within the last three years, you may be able to receive compensation. The amount of compensation received depends on the severity of your injuries, the duration of your pain, the length of recovery time and the impact on your day-to-day life. If you feel you might be eligible to make a claim for whiplash injuries, the first stage is to contact us by completing an online claims form or calling 0800 612 2590.




