DID YOU KNOW?

If you have sustained an injury as a result of an accident in the last three years (or if you are still under the age of 21) then you are entitled to receive compensation subject to you being able to establish that another person or body were negligent in exercising a duty of care which they owed to you.

We all know that accidents can occur at any time during our day to day living be it in the home, at work or on the streets. Through the following examples we hope to show you how other people have obtained compensation for their injuries and how you could also claim money to which you are entitled.

A typical claim

Road traffic accidents

Accidents in the work place

Slipping/Tripping Accidents

Accidents in the home

Sports injuries


 A TYPICAL CLAIM

 ROAD TRAFFIC ACCIDENTS

Anybody who drives a vehicle owes a duty of care to other road users. All road users are at substantial risk of being involved in a road traffic accident at sometime in their lives. Thankfully, most accidents are minor and lead to minor pains generally around the neck and back which tend to last for a day or two. At the opposite end of the scale the injuries can be catastrophic leading to severe head and spinal injuries and even death.

Most adults have transport of some type upon which they rely as part of their job and it is essential that road traffic accident claims are dealt with as quickly as possible in order that disruption is kept to a minimum.

Heer Manak Solicitors has a dedicated team of specialists dealing exclusively with Road Traffic Accident (RTA) claims. The unit adopts a team approach that ensures that all cases are handled to the highest professional standard.

When dealing with RTA claims two questions are often raised, "How much will it cost?" and "How long will it take"

In answer to the first question, the average costs of conducting a claim from start to finish would be about £1000.00. If however, the claim were very straightforward the costs would probably be lower; conversely, more complex cases may be higher. One must however bear in mind that if fault can be proved against the other party (even if it is 1%), then they will usually also meet your legal expenses. There are also a number of other methods available to fund your claim, such as conditional fee agreements often described as "no-win/no-fee agreements." In any event, we would provide an initial interview free of charge to advise you whether you have a valid claim and also the best way to fund it.

The second question, "How long will it take?" is often difficult to answer. The time period depends upon two factors, liability, (i.e., who was at fault) and the extent of the injuries. Liability should really be established within three months by obtaining statements, photographs, etc. If after collation of this evidence liability is still disputed it would be necessary to issue Court proceedings which will take on average just over 6 months to come to Trial in order that the Court can determine fault.

Your employer's general duty of care is embodied in numerous statutory enactments.
In layman's language, this means that it is possible for your employers to be liable for an injury that you have sustained even if you feel that you yourself have been at fault or have contributed to your injury.

This could be for instance, if you were not properly supervised or not provided with suitable instruction. It could also be that no proper risk assessment was made of duties by your employers in accordance with Health and Safety recommendations. Even if you were performing a role in an inappropriate manner but your employer had seen you do this on several occasions and had said nothing then he would still be liable.

Please note that even self-contractors who have had an injury on someone else's premises or using someone else's equipment may also have a claim.

This area is that complex that you should always seek legal advice. For this reason we provide free initial advice on all accident at work consultations. Our advice in advising you that you may not have a claim will not cost you anything.

At the end of the day if you receive any form of injury whilst at work it is always best to seek legal advice. At Heer Manak Solicitors we will provide that initial advice free of charge.

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SLIPPING/TRIPPING CASES

If you have fallen over and hurt yourself, you may have a claim. The identity of the Defendant will depend upon where you tripped.

For instance, if you fell over due to a defect in the pavement or the road, you may have a claim against the local highway authority or against any of the numerous contractors or utility providers who have worked in that street. A defect can take many forms. You may have tripped due to uneven paving, a hole in the road or an unstable flagstone. How often have you seen missing manhole covers?

Maybe you were in a shop or publicly owned building and tripped over because the floor was defective, cluttered or slippery.

If you live in rented accommodation, your landlord may be responsible for your injury if you fell in the shared common areas the responsibility for which may have been retained by your landlord, (stairs and hallway). It may also be that the terms of your lease mean that your landlord is also responsible or maintenance and repair of your rented accommodation and could be responsible for your fall even if it occurred in your house or flat.

You may have gone to a friend or acquaintance's house and injured yourself. Occupiers of all premises have a duty to all people that they invite onto the premises to take reasonable steps to ensure that any such person is reasonably safe.

 ACCIDENTS AT HOME

Most people believe that if they have an accident in their own house then they cannot bring a claim. This is inaccurate as Home Office research proves that 70% of the accidents that occur in the home are actually caused by another person's negligence be it through defective workmanship on your premises, defective electrical appliances or other breaches of a duty of care.

 SPORTING ACCIDENTS

If you have been injured in a sporting activity you have probably accepted that injury as being part and parcel of the game or hobby within which you were involved. This is no longer the case, and there is a good chance that you will be able to claim compensation if you have been injured as a result of a sporting activity.

This may be due to defective equipment, an unsupervised activity or an over ambitious sporting opponent. At the end of the day if you receive any form of injury whilst engaged in sport or outdoor activities it is always best to seek legal advice. At Heer Manak Solicitors we will provide that initial advice free of charge.

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