Personal Injury FAQs

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Road Traffic Accidents

What are Road Traffic Accidents?

Road traffic accidents relate to accidents that happen on the road, whether you are a car, motorcycle, cycle or other vehicle user such as tractors, HGV or pedestrian.

What are the most common forms of claim?

The most common forms of claim are;

  • The driver of a vehicle is hurt due to an accident caused by another driver
  • A vehicle passenger is injured due to an accident caused by another driver
  • A Motor cyclist involved in an accident with another vehicle.
  • A cyclist is involved in an accident with another vehicle

If I am involved in a Road Traffic Accident what details should I gather from the other party?

The basic information that should be gathered at the scene of the accident where possible is;

  • Name
  • Address
  • Vehicle Registration
  • Location of accident
  • Insurance details

What happens when a collision occurs on a road or public place?

In compliance with the law, the driver must stop and all involved must exchange names, addresses, registration numbers and insurance details, if these details are not exchanged, the collision must be reported to the police within 24 hours.

What happens if the driver is not insured or cannot be identified?

If you are involved in a Road Traffic Accident and the other party are uninsured or unidentified then compensation may be payable under Motor Insurer's Bureau (MIB)

Do I have to notify my insurance company?

Most if not all insurance policies state that the insured must inform them of any incident they are involved in, where a claim is to be made or not.

Slips Trips and falls

What constitutes a Slip strip or fall claim?

A claim for personal injury compensation can be made where a Slip. Trip or Fall has occurred through no fault of your own, and was the result of negligence of another, such as the area causing the incident being hazardous to others.

What are the most common types of claim?

Slips and Trips can occur in a variety of situations, the most common being caused by defective roads and pavements, including;

  • Slips and Trips in public places
  • Slips caused by slippery or wet floors
  • Slips caused by polished floors
  • Slips or Trips caused by carpets or flooring
  • Trips caused by obstructed walkways

What information should I gather should I suffer a slip, trip or fall?

Details such as the location of the incident, the defect that caused the accident, any available witnesses and Photographic evidence, are essential in pursuing a successful Slip, Trip or Fall claim.

Workplace Accidents

What is a workplace accident?

A workplace accident is any injury, disease or personal injury as a result of working or working conditions.

What should I do if I have had an accident and been injured whilst at work?

If you are injured at work, you need to inform your employer as soon as possible and ensure the relevant documentation is completed such as the accident book. You should consider seeking medical attention and advice, report the accident, gather details on any witnesses or evidence, and then seek legal advice.

What is employer's Liability?

Employer's liability is the responsibility that all employers have to protect the employee's, contractors and visitors in the workplace. Employers have a responsibility to provide their employees with;

  • The necessary machinery and tools to complete their jobs, ensuring that these are maintained in a safe condition
  • To ensure that the workplace is kept in a safe and tidy condition.
  • Full training is provided to all employees for each task they are required to complete.
  • Any safety wear such as goggles, hard hats, ear defenders, safety gloves, safety boots or high-visibility jackets that may be required to complete their job are provided.

Can I claim for lost earnings as well as claiming damages for injuries?

Yes

Medical Negligence

What is medical negligence?

Medical Negligence relates to negligent treatment received from Doctors, Surgeons, Dentists, Midwives, Nurses and other health care professionals , whether NHS or Private practice.

There may be grounds for a Medical Negligence claim when it can be shown that a practitioner has not exercised what is considered to be the normal standard of care and skill.

What are the most common forms of Medical Negligence?

The most common forms of Medical Negligence are;

  • Failures in diagnosis
  • Errors relating to consent and advice
  • substandard treatment
  • Drug and anaesthetic accidents
  • Retained surgical products
  • Childbirth, sterilization and contraception

How do I make a Medical Negligence claim?

To make a Medical Negligence claim contact Legal Advice Helpline where we will put you in touch with a specialist medical negligence solicitor.

Industrial Disease

What are the most common forms of industrial disease?

There are many forms of industrial disease, below are some of the most common;

  • Asbestosis and asbestos related illnesses
  • Carpel Tunnel Syndrome
  • Chronic Bronchitis
  • Dermatitis
  • Vibration White Finger
  • Industrial Deafness
  • Silicosis
  • RSI (Tendonitis)
  • Asthma

What is asbestosis?

Asbestosis is a disease caused by the inhalation of asbestos particles and affects those who have been exposed asbestos fibres. Scar tissue builds up in the lungs, causing breathing difficulty and an increased risk of infection. Asbestos come in 3 main forms;

  • white asbestos - commonly used in cement and textiles
  • blue asbestos - used in asbestos textiles
  • brown asbestos - used in thermal insulation.

What other asbestos related illnesses are there?

Other Asbestos related illness include;

  • Pleural plaques
  • Pleural thickening
  • Asbestosis
  • Lung cancer
  • Mesothelioma

What is carpal tunnel syndrome?

This syndrome is a set of symptoms caused by compression of the median nerve in the carpal tunnel.

What are the symptoms of carpal tunnel syndrome?

  • Pins and needles - This is tingling or burning the index and middle fingers are usually first to be affected.
  • Pain or aching in the same fingers may then develop, the pain may also travel up the forearm.
  • Numbness of the same fingers or in part of the palm may develop if things become worse.
  • Weakness of some muscles in the fingers and/or thumb occurs in severe cases, this may cause poor grip, clumsiness, and eventually lead to wasting of the muscles at the base of the thumb.

What causes carpal tunnel syndrome?

In many cases the cause of Carpel Tunnel Syndrome is not clear. It is thought that some inflammation develops in a tendon going through the carpal tunnel which causes swelling. There is little space to expand in the narrow carpal tunnel, and this may lead to pressure on the nearby median nerve. Tendon inflammation can occur if you over-use your hand. Carpal tunnel syndrome is more common in manual workers, especially if you have a job where you use a lot of wrist movement such as scrubbing or wringing. Other causes of Carpel Tunnel Syndrome include Bone or Arthritis conditions of the wrist such as rheumatoid arthritis or wrist fractures, and various other conditions such as pregnancy, obesity, an underactive thyroid, diabetes, the menopause, may lead to carpal tunnel syndrome.

What is Vibration White Finger?

Vibration White Finger - also know known as Hand Arm Vibration Syndrome (HAVS), are symptoms experienced in the hand or arm such as loss of colour, aches and pains and nerve symptoms, caused by vibrating tools.

What causes Hand Arm Vibration Syndrome?

HAVS is caused by repeated and frequent use of hand held vibrating tools such as chainsaws, pneumatic drills and power drills. HAV's may also be caused by holding or working with machinery that vibrates. It may also be caused by holding or working with machinery that vibrates. It is unclear how this vibration causes the condition, but is likely to be due to the repeated injury to the small nerves and blood vessels over a period of time.

What are the symptoms of hand arm vibration syndrome?

Firstly fingers may turn white and cool; they then may turn a bluish colour, and finally a bright red, causing tingling, throbbing and pain. It is not in all cases that people will go through this exact colour change, but they may still develop bouts of uncomfortable, pale, cold fingers, the duration lasting from minutes to hours.

Nerve symptoms such as numbness) and/or tingling in one or more fingers may also develop, possibly leading to clumsiness and difficulty in doing intricate tasks. Aches and pains indicating minor damage to the muscles, joints and bones may also reduce the strength of your grip.

What is Silicosis?

Silicosis is a form of occupational lung disease caused by inhalation of dust, and is marked by inflammation and scarring in forms of nodular lesions in the upper lobes of the lungs. Silicosis is also known as pneumoconiosis and features the same symptoms, brought about by exposure to a variety of organic or inorganic dusts.

What are the symptoms of Silicosis?

Whist there are no initial symptoms of Silicosis the complaint usually develops into a dry morning cough, following this periods of breathlessness first during exercise which worsens until it is present at rest. Silicosis is the one form of pneumoconiosis that predisposes tuberculosis, when additional symptoms of fever, loss of weight, bloody sputum may occur.

In the presence of gross lung destruction the blood circulation from the heart to the lung may be embarrassed and result in heart failure.

What is Tendonitis?

Tendonitis means inflammation of a tendon; it may also means inflammation of a tendon sheath known as Tenosynovitis, the conditions often occurring together.

What are the symptoms of tendonitis and tenosynovitis?

The symptoms of tendonitis and tenosynovitis include pain, tenderness and swelling of the affected area. Any tendon of the body may be affected. However, tendons over the wrist and hand are most commonly affected. The inflammation may last just a few day, sometimes lasting weeks or months if not treated.

What is the cause of tendonitis and tenosynovitis?

Overuse of a tendon is the most common cause, the condition commonly occurs around the wrist and its overuse by lots of writing (writer's cramp), typing, etc. Arthritis can sometimes cause the inflammation of the Tendons as well as the joints, however many cases do occur for no apparent reason.

What is asthma?

Asthma is a condition that affects the airways of the lungs causing them to narrow. Asthma symptoms include coughing, wheezing, a tight chest and getting short of breath, a variety of factors can trigger an attack.

What is occupational asthma?

Occupational asthma can take weeks, months or years to develop, depending on the person and substance that has caused a person to develop this complaint. Many substances that you may come across in the workplace can cause asthma.

If you have developed asthma and suspect this may be as a result of substances you are exposed to in work, the signs for this include your asthma appears worse during the working week, though not necessarily at work itself, symptoms may get worse after work for example, if you find that your symptoms improve after you have spent some time away from the workplace, having several days holiday for example.

Which substances cause occupational asthma?

Exposure to a variety of substances can cause asthma, and are called respiratory sensitizers. Chemicals called isocyanates are the most common cause of occupational asthma however there are other jobs and chemicals you may be exposed to as below which can also cause occupational asthma. There are over 200 other respiratory sensitizers and others constantly being identified, the Health and Safety Executive (HSE) publishes a list, therefore if you think you may have developed occupational asthma it is advisable to check the information supplied by the HSE.

General Claim Questions

What is No Win No Fee?

No Win No Fee is the term used to describe the Conditional Fee Agreement or CFA between a law firm and their client. In a Personal Injury claim, this is an agreement between the client and their lawyer, which will enable the lawyer to take on a personal injury case on the understanding that if they lose the case, the client will not have to pay their lawyer's costs.

However if the lawyer wins the case they will be entitled to their standard fee plus an uplift referred to as a success fee. In English law, the success fee cannot be greater than 100% of the lawyer's standard fee.

Who pays my legal costs if I win my Personal Injury case?

If you win your Personal Injury case, either the Courts or the losing party's insurers will make an award of damages. In addition, the insurer will be required to pay your legal costs including any uplift of fees as well as expenses. With Legal Advice Helpline, you will have nothing to pay at any time and you will always receive 100% of any compensation awarded in your claim.

What is After the Event Insurance (ATE)?

After the Event Insurance (ATE) is the term used to describe the type of insurance policy, which is normally obtained by a lawyer acting on behalf of their client. This is generally taken out after legal proceedings have been contemplated or in the case of a personal injury claim, when a Conditional Fee Agreement (CFA) is entered into. ATE insurance is designed to protect the client from the risk of legal costs from either their own lawyer or those costs incurred by an opposing party in a legal case in the unlikely event that a personal injury case is either discontinued or lost at trial.

How does Legal Advice Helpline generate its income?

Legal Advice Helpline are committed to providing you with the simplest and most effective route to expert legal advice for your personal injury claim through our network of specialist personal injury lawyers. We are also committed to ensuring that you recover the highest levels of compensation at no cost to you.

As marketing specialists, Legal Advice Helpline provide marketing and client support services to our network of law firms for which we receive a referral fee for the work we do. The maximum level of this fee is £800 + VAT.  As a client, you will never have to pay us for any of the services which we provide at any time.

How much compensation will I receive?

As there are several factors that would affect the amount of Personal Injury compensation you would receive we are unable to provide estimation, if you feel you have suffered a Personal Injury call Legal Advice Helpline and our advisors will provide you with access to an expert solicitor who will handle your case, at legal Advice Helpline we will ensure you receive the highest level of compensation possible.

What does the claim process involve?

If you choose to contact Legal Advice Helpline, either on the telephone or by completing out online form, our advisors will ask you for some details regarding your Personal Injury to help assess whether you can make a compensation claim. If you are able to make a claim we will inform you there and then and out you in touch with an expert solicitor. They work on a 'no win no fee' basis, which means making a claim shouldn't cost you anything, and your solicitor will be on hand to explain any queries you may have during the process of your claim.

How long will the claim process take?

The claim process differs for every case therefore it is not possible to give a time frame, however by providing us with as much information as soon as possible will ensure the case is dealt with efficiently.

Who will deal with my claim?

Our Advisors at Legal Advice Helpline will deal with your queries initially, assessing you claim and them putting you in touch with one of our expert partners.

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Personal Injury FAQs