Wednesday, October 7, 2009

NO WIN, NO FEE: Accidents at Work Claim Compensation

Accidents at Work

When you're at work it is your employers' responsibility to ensure that all health and safety is adhered too, so that no injuries are incurred. If you work in a factory all the machinery should be maintained and serviced for the same reason. However, unfortunately many people each year suffer quite bad injuries from faulty of poorly maintained machinery. Around one million employees suffer injury from accidents that could be largely avoidable. That is a terrible statistic but a true one.

The trouble with having an accident at work is that to obtain any compensation you have to sue your employer. Not many people are willing to do this as they believe they will get grief from employers and colleagues. Also the worry of losing your job is another reason why people don't claim. Remember it is the duty of the employer to protect the employees against possible dangers at the workplace. If you don't claim for an accident at your work place then the likelihood is that another accident will happen. Would you like that on your conscience? Imagine if the accident was fatal? If you were to put in a claim your employer would have to look at the health and safety issues and carry out risk assessments to ensure that any measures to improve safety is being used. This is what should be happening on a regular basis anyway. If these steps were carried out it is quite possible your accident could have been avoided.

Accidents at Work Claim Compensation

If you have decided to claim compensation for you injuries you need to make sure there is a record of the accident at your work place. If there is an accident book it will need to be documented here. If your company doesn't have an accident book you should write to your employer detailing the accident and keep a copy for your own records. If you are too unwell to do this, ask a colleague or family member to do this for you.

Suffering from injuries caused from an accident at work is bad enough but when you have to pay for the medical expenses just adds insult to injury. If you are not getting paid as you're off work how will you cope when the rent or mortgage needs paying at the end of the month? Making a claim will make you life much easier. You will get reimbursed for any expenses and loss of earnings.

No Win No Fee

Making a claim will come at no cost to you. Lawyers work on 'no win no fee' agreements which means you don't have to pay for the lawyers work, they will get paid only when they win the case. If they don't win they don't get paid. So you see a lawyer will only take on a case they believe they can win as lawyers certainly won't work for nothing. A good accident claim lawyer will explain all of this to you and get you an idea of the outcome in your initial contact with them.

Claiming compensation has a bad reputation but it is there to give people justice. It is everyone legal and civil right to claim and it is why the "no win no fee" agreements were put into place. Before "no win no fee" agreements' came into legislation you could only get financial help for personal injury claims if your were on a low income so as to qualify for legal aid. Why should those on a low income be allowed help but those just over the threshold not?


To read the full article, click Accident at Work by Paul Berry

Wednesday, September 30, 2009

NO WIN, NO FEE: Road Traffic Accident Compensation Claims

Road Traffic Accidents

Road traffic accidents often result in serious injuries. Many of the victims of road traffic accident meet with fatal injures. Some of them also go through emotional trauma. If you or anyone known to has met with an accident, he or she can make a claim. You can also get advice from claims specialists. They can guide you to make a suitable claim. Alternately, you can also lookout for information online. There are many claims specialist who provide free advice online. They specialise in all types of road traffic accident compensation claims including:

• Airbag Injuries in Road Traffic Accidents
• Cycle Accident Compensation Claims
• Compensation Claims For Motorcyclists
• Drivers
• Road Traffic Accidents Involving Car Passengers
• Road Traffic Accidents Involving Pedestrians
• Seat Belt Injuries in Road Traffic Accidents

No Win No Fee: Road Traffic Accidents Compensation Claims


If you or a family member has been involved in a road traffic accident, then you can make a claim. A team of claims specialists will provide you suitable advice on making a claim. You can also make a claim on no win no fee basis. Whether you win or lose the claims case, you will not be required to pay any fee. You can also keep 100% of any compensation awarded to you if your claim is successful. Your legal costs will be paid by the person who caused the accident. No matter how tough the circumstances are, you can get compensation quickly. Even if you have a road accident or crash with an uninsured driver, you can get compensation.

Most of the road traffic accident compensation claims involve two drivers, with a driver or passenger from the one vehicle seeking compensation from the driver of the second vehicle. If the accident was caused due to negligence of someone, you can get compensation. The claims case will go through legal proceedings that will involve the driver and passengers of both vehicles claiming injury as a result of the negligent driving on one the parties behalf. If there has been a lapse of installing proper signs, then you can surely get compensation. A road traffic accident compensation claim can also include a product liability claim lodged towards the manufacturer of a car or car part, claiming design or manufacturing defect which lead to the accident. If a car mechanic or garage left a car in an unsafe condition, the liability may fall within their responsibility.

To read the full article, click Road Traffic Accidents Compensation Claims by Sadhna D.

Wednesday, September 23, 2009

NO WIN, NO FEE: Defamation Claims

NO WIN, NO FEE Defamation Claims

The recent controversy about Cherie Blair using a no win no fee firm for her libel case in the courts has highlighted what is perceived as the latest abuse of the system which was created to provide access to justice ten years ago. This article aims to highlight the relationship between no win no fee arrangements (otherwise known as conditional fee agreements) and defamation claims.

The main complaint about Cherie Blair using a conditional fee agreement in her specific case is that, as a relatively wealthy individual, she is in effect abusing the CFA system in order to force the magazine or newspaper into settling claims. Defamation/libel by its nature has always had the reputation of a tort that has been left to claimants who are wealthy as the cases often run into millions. The introduction of 'no win, no fee' agreements, or conditional fee agreements (CFAs), under the Conditional Fee Agreements Regulations 2000 enabled those who would otherwise be unable to fund the substantial costs involved in defamation claims to bring an action. In cases where a wealthy individual (especially a celebrity) takes a media defendant to court, these media defendants find themselves paying up to settle the claim rather than losing what could be a very large amount at trial. The criticism is that they are fenced into paying out because of this even when the claim against them may be frivolous.

Defining Defamation
 
Defamation essentially takes places where a false statement is made about a person (or a company) that damages their reputation. The statement can be either in a permanent form (libel) or a transient form (slander). A company also has a reputation and contrary to popular belief can also be defamed.
Another problem that often comes to fruition in defamation cases is the costs subsequent to proceedings. Under a CFA, lawyers are paid nothing if they lose, but are allowed to claim a 'success fee' in addition to their basic fee if they win because of the risk incurred in taking the claim. The level of the success fee is the main concern, with defamation lawyers more often than not claiming the full 100% uplift, which doubles their usual fees. If a claimant obtains 'after the event' insurance (ie, against the cost of losing and having to pay the other side's costs), an unsuccessful defendant will also have to pay a substantial insurance premium on top of the success fee.

To read the full article, click The Story Behind No Win No Fee Defamation Claims by Sauray Dutt

Wednesday, September 16, 2009

NO WIN, NO FEE: Criminal Injury Compensation Claims

If you have been a recent victim of a crime, then there is a very good chance that you'll be entitled to make a criminal injury compensation claim under the Criminal Injuries Compensation Scheme.

CICA – Criminal Injuries Compensation Authority

Great Britain has in place the oldest compensation scheme for people who suffer criminal injuries as victims of crimes, with the first version having been introduced in 1964. Based along the lines of a personal injury compensation claim, the CICA compensates victims of violent crime who have suffered any:

• injury, whether that be physical or mental, as a result of being the victim of a violent crime
• possible loss of earnings that the victim may endure as a result of such criminal injury
• bereavement suffered as a result of a loved one having died as the victim of a violent crime.
Since 1996 the CICA has adopted a fixed tariff criminal injury compensation scheme as set out by parliament in the Criminal Injuries Compensation Act 1995 for those who are entitled to make a criminal injury claim.

Criminal Injury Compensation Claim

If you plan to make a claim to the CICA for criminal injury compensation, then you'll need to show that you have suffered either physical or mental harm as a result of having been the victim of the violent crime in question.

Note that you need to show that a crime took place, you do not need to show that a conviction resulted from the crime you are claiming took place.

If you have grounds to believe that you have a criminal injury claim, you can obtain a compensation form from a personal injury solicitor, which you then need to compete and return.

The CICA then acknowledges receipt of your form and should process the claim. Keep in mind that this can be a lengthy process and can take anywhere up to 18 months after you have submitted the criminal injury compensation claim.

Also, as the scheme is for victims of violent crimes, the minimum compensation payable under the scheme is £1,000 and the maximum amount of compensation is £250,000.

Moreover, keep in mind that if you have made a claim for compensation under the scheme and are not satisfied with the initial compensation awarded for the criminal injury you suffered, you are entitled to submit a request to have a review of your criminal injury claim within 90 days of your original award being made.

If you still don’t like the award after this review process has been completed, then you can appeal your criminal injury compensation claim to the Panel of the CICA within 30 days of the outcome of the appeal process. If the Panel of the CICA award still does not satisfy you, you then have the right to appeal your claim to the High Court.

Criminal Injury Solicitor


If you have been the unfortunate victim of a crime, you should speak to a criminal injury solicitor as soon as you can following the event. In part this is because the criminal injury compensation scheme is only for those who are the victims of a violent crime.

On the other part, you need to make sure you do this so that you can get the advice from your criminal injury solicitor as to any alterative compensation you may want to seek.

NO WIN NO FEE
 
Any alternative compensation claim you do instigate will be based on a civil action for personal injury. As a personal injury claim can be expensive, if you believe you may have a case for personal injury compensation but do not have the funds to pay a costly solicitor, you should talk with a no win no fee solicitor to see if there is any chance they will represent you in your claim.

To read the full article, click How to Make a Criminal Injury Compensation Claim by Mumtaz Shah

Wednesday, September 9, 2009

NO WIN, NO FEE: Criminal Injury Compensation Claims in UK

Criminal Injury Compensation Claims in UK

Here is something you must know about injuries resulting from crime. The criminal is not compensated, only the victim is, and he will only be compensated if it is proved that his physical or mental injury was caused by the crime. Even then, if it is proved, the victim will only be compensated if the crime happened within England, Scotland, or Wales.

And so it goes that even if you are British, you will not be compensated if the injury-causing crime happened abroad.

Unlike other types of injury claims where both sides agree on how much should be paid to the claimant, in injuries caused by crime, it is the Criminal Injury Board that sets the compensation in black and white. Your injuries must be severe because the board only has 25 compensation levels where victims are paid between GBP 1,000 to GBP 250,000. The maximum amount on a criminal injury claim, after losses and expenses, is GBP 500,000.

Qualifications for Criminal Injury Compensation Claims in UK

There are set guidelines on judging if your injury qualifies for compensation. To claim for criminal injury compensation you must have been assaulted or injured in such a way that you were severely mentally or physically damaged. The injury must be also be serious enough to qualify for the minimum award, and the crime must have happened in England, Scotland or Wales. Unlike other injury compensation claims, claiming compensation for criminal injuries can be done through the victim's own efforts without the need for a solicitor. When you make a claim, you are assigned a caseworker to work with you on finding evidence and documentation for validating your claim. However, your still need a solicitor to help you through the nitty-gritty of the compensation guidelines.
There are some things you must do first from your end before making a criminal injury compensation claim- receive medical attention and have you injuries documented, report the incident within 48 hours to the police, and apply for a claim within two years from the date of the crime. In cases where the victim died, his dependent or relative can make a claim.

Apart from physical and mental injuries, i.e., actual physical damage that injures the brain, a victim can also file a claim for mental anguish. However, again, the mental anguish must also be documented. It is easier to file a claim for certain crimes like rape, since there is already a lot of documentation on the physical and mental injuries that this crime can cause.

No Win No Fee Criminal Injury Compensation Claims in UK
 
If you need help in your criminal injury claims, there are many no-win, no-compensation solicitors that promise victims hefty checks on their injuries in their advertisements. Often, in order to get paid, the solicitor takes a cut in the compensation, typically 10% to 30% of the actual amount awarded.

To read more on this, click Criminal Injury Compensation Claim by Benedict Hunter

Wednesday, September 2, 2009

NO WIN, NO FEE: Road Traffic Accident Compensation Claims in UK

Road Traffic Accidents in UK

With the number of cars on Britain’s roads growing every year, there is an increasing likelihood that you may be involved in some form of Road Traffic Accident in the future. Being involved in a collision on the roads can be a traumatic, as well as painful, experience, however there are certain immediate steps you can take to make sure you do not unintentionally break the law. You must stay at the scene of the accident for a reasonable amount of time, and make sure you have given your contact details to any of the relevant people. Also, you must provide your certificate of insurance, either at the scene or within seven days at the police station of your choice. By doing this you are covering yourself from being fined or charged with a police offense.

Common Road Traffic Accidents

The most common Road Traffic Accident injuries are whiplash related, whereby the force of the collision has thrown the victim forward and backwards in quick succession, leaving the person’s neck to support the full velocity of the impact. Whiplash injuries can vary greatly in terms of severity, and symptoms can range from pain/stiffness in the neck and shoulders, to a tingling sensation in the arms and fingers. Headaches, blurred vision and tiredness can all also indicate that a person has suffered a whiplash related injury.

If you are unfortunate enough to have suffered a whiplash injury then you may be entitled to claim compensation, provided it can be proved that someone else was at least partly to blame. If you were the passenger in a vehicle which was involved in a collision, then the claim would be made against the person who was at fault for the accident, even if that means the driver of the car you were travelling in. If you were driving yourself, then claim would be made against the driver of the car who was at fault for the accident.

Road Traffic Accidents Compensation Claims

Many people are unaware that in the UK every citizen has a legal and civil right to claim compensation if they have suffered an accident which was not their fault. Road Traffic Accidents can have many implications for the victim, such as inability to work, psychological impairments such as fear of the road, on top of the initial pain and suffering endured as a direct result of the accident. The compensation package will consider the direct and indirect implications, and the amount awarded will take into account many factors, including loss of earnings, damages to any clothes / equipment caused by the collision (i.e. motor vehicle repair costs) and any other costs incurred, including medical bills and treatment fees.


To read the full article, click Road Traffic Accident Claims by Carolyn Clayton

Wednesday, August 26, 2009

NO WIN, NO FEE: Accidents at Work Compensation Claim Amounts

No Win No Fee Accidents at Work Claim Compensation

If you have had a accident at work and it wasn’t your fault, then you could be entitled to make a claim for compensation. Our Solicitors can help you make a no win no fee claim for compensation. You will receive 100% of your compensation with no deductions. So you won't pay a penny, win or lose!

You may have been involved in an accident at work in an office environment, on a building site, restaurant, shop, warehouse, factory or a farm. If driving is part of your job, the work accident could be whilst driving a car, van, forklift or lorry. In this case your employer should ensure that the vehicle is safe and roadworthy.

Examples of compensation amounts awarded for injuries suffered from a work accident:

Fractured finger with recovery within a few weeks - up to £1,750*
Moderate injuries such as frozen shoulder - up to £6,000*
Serious injury to ring or middle fingers - up to £7,750*
Leg injuries including torn cartilage, weakness and instability - up to £13,000*
Moderate back injury - up to £21,500*
Complete loss of function in the wrist - up to £33,000*
Severe injury to foot - up to £37,000*


Accidents or Injuries in the workplace can occur through many hazards. Some typical examples of work accidents include the following:

• Slipped on a wet floor with no warning sign.
• Tripped over a cable.
• Not been provided with protective equipment.
• Had a road accident whilst delivering goods.
• Used unsuitable or faulty equipment provided by the employer.
• Had to lift heavy objects which caused an injury.
• Been provided with inadequate training .
• Been injured as a result of mistakes made by other employees.

Some common accidents at work include:

Slip/Trip Injuries, Back Injury due to Lifting Objects, Forklift Truck Accidents, Scaffolding Accidents, Factory Accidents, Vibration White Finger, Asbestos Related Disease, Industrial Dermatitis Disease, Industrial Deafness, Accidents due to Inadequate Training

All employers have to comply with strict health and safety legislation to ensure that their employees are not put at risk of being injured and that the work environment is safe. Despite this, many accidents still occur at work – accidents which lead to injuries.

To read the full article, click Accident at Work