Tag: Personal Injury

If you find yourself injured in an accident through no fault of your own, you may be able to claim compensation for what happened. Personal injury claims are not about receiving a windfall but are instead designed to help restore your quality of life to how it was before the accident, and the resulting injury.

In short, the process aims to help you back on your feet, and to finance any necessary adjustments that may need to be made because of your injury.

How do you go about making a claim?

Many people are hesitant about making a personal injury claim, even if they have a strong case. They are put off by what they perceive as a lengthy and complicated process. They may fear that it’s costly, and the risks are too great for them to proceed.

Although the process can be lengthy and does require a satisfactory amount of supporting evidence to be provided, it is by no means impossible. In fact, thousands of claims are successfully made every year across the UK.

If you have a good case, with proper preparation and the right advice you can receive the compensation to which you’re entitled.

What is the role of a personal injury solicitor and how can they help?

Personal injury is a serious matter.  Depending on the extent and severity of the injury, it can be incredibly traumatic and even life-changing for you and your family. It can have a wide range of consequences, from pain, to loss of income, to care costs and psychological trauma. If you have a family, they too will be impacted by your injury.

There’s also issues to consider if you make a claim.  There are deadlines to meet, and potential procedural pitfalls that could scupper your claim, even if you have a strong case. With so much at stake, it might be considered foolhardy to try and make a personal injury claim without the help of a personal injury solicitor.

So, what exactly do they do, and how can they help you secure compensation for your injury? Let’s explore further…

Do you have a case?

You may feel that you have a case for a personal injury claim, but an experienced legal professional in the field of personal injury will be in a far better position to make a fair evaluation of its strength.

Your personal injury solicitor will look at your case in detail. They will look at the evidence you’ve gathered and examine its relative strengths. They will ask questions and go into what happened in more depth. From this information they will then be able to assess whether or not they think you have a viable case. They understand the process, they know what to look for and have experience of what has and hasn’t proven successful.  

Most credible personal injury solicitors will have pursued more successful personal injury claims, than they’ve have had claims rejected, and will operate on a no-win, no-fee basis.  This means that they’ll only collect payment as a percentage of the total compensation amount awarded if your case is successful. If it isn’t then, they won’t be paid. They have no self-interest in pursuing a case they don’t think is strong enough to succeed. So, if a no-win, no-fee personal injury solicitor agrees to take your claim on it’s already cleared a significant hurdle.

If your claim is rejected as not being strong enough, you will, in all likelihood, have saved yourself a considerable amount of stress, time and anguish.

Many people worry about their chances of success so may be hesitant about making a claim. A personal injury solicitor will give you confidential and credible advice that allows you to make a proper decision.

Key questions they will look at

A personal injury solicitor will want to be satisfied that you can prove the following:

• Your injuries were caused as a result of a particular accident.
• The accident was caused due to someone else’s negligence or mistakes.

These two points may sound relatively simple but proving this in court is another matter. If the claim has reached that stage, the defendant will probably deny all charges and plead innocent. For your case to be successful you must be able to prove beyond all reasonable doubt that the defendant is to blame for your accident and injuries.

What kind of evidence will a personal injury solicitor be looking for?

To help support your claim, and to help a personal injury solicitor make a judgement about its likely success, you should try to provide as much of the following as possible:

• Details recorded at the scene – if you’re involved in an accident, any details recorded at the scene or shortly after can be very helpful. The first priority should always be ensuring you receive any medical help required, but if you or someone else is able to write down details of what happened then this can be helpful.  If you’re incapacitated, and no one nearby records what happened, you should record what you can remember as soon as possible afterwards
• Witness details – first-hand accounts from witnesses to your accident are an extremely powerful piece of supporting evidence. Many people presume that witnesses will automatically come forward if a case reaches court. This isn’t always the case so it’s imperative that you take their details so you can follow up.
• Photographic evidence – photos of your injuries and of the scene of your accident can be incredibly useful. If you’re involved in a road traffic accident, this might include the position of vehicles on the road.

Helping with the documentation process and evidence gathering

A key part to strengthening your personal injury claim is properly documenting your injuries and building up a case to support your claim. Before they agree to represent you, a personal injury solicitor will examine what you already have and advise if they think you need to produce more.

A solicitor will then help you gather further evidence. This might include statements from emergency services and medical records. They may ask that you have a medical examination to assess the extent of the injury and the ongoing challenges it presents, or a psychological assessment.

Calculating Compensation

Other evidence the personal injury solicitor will want to gather will be details of your finances to help calculate the level of compensation to be claimed for. Pay-slips, bank details, receipts from any travel to receive medical treatment may all be required. Your solicitor will look at the medical evidence and your own statements and then assess:

• the pain and suffering you have experienced because of your injury
• the prognosis for your injury
• whether the injury has caused a loss of earnings
• the expenses you have incurred because of your injury

They will then come up with a figure that they believe adequately compensates for what you have been through, and the amount you will need to return your life to the standard it was before your injury.

Approaching the negligent parties

When your solicitor has the evidence they require and have worked out the value of your claim, court papers will be lodged detailing your case and the amount of compensation being pursued. The defending parties will then be made aware of an impending court case. This will give them the opportunity to make an out-of-court settlement.

Only a small number of personal injury cases ever reach court, with the vast majority resulting in an out-of-court settlement. You may initially be offered an inadequate amount, but at this point the defendant will have admitted culpability creating a basis for further negotiations if they wish to avoid court.

Negotiating the out-of-court settlement

Sometimes cases can drag on, with defendants refusing to reach agreement. This can cause real personal hardship and distress, but your personal injury solicitor can at this stage secure a partial payment ahead of a full agreement being reached. If the defendant has admitted liability, then it is generally in their own interest to bring the matter to a close. If a company is involved the negative publicity of a court case is to be avoided.

Liaising with insurers

Your personal injury solicitor will also liaise on your behalf with your own and your defendant’s insurance company if appropriate.

Your ally at a difficult time

Experienced personal injury solicitors will have dealt with hundreds of cases, securing compensation and helping to guide people through a difficult process. At a challenging time, they are a valuable ally providing advice, perspective and much-needed legal muscle as you seek redress for a traumatic experience.

The experienced personal injury solicitors at Mark Reynolds Solicitors can help you secure the compensation you deserve. If you think you might be entitled to personal injury compensation call us on 0800 022 957 to speak to one of our professional team.

If you have any further questions, you can also view our personal injury FAQs.

If you believe the headlines you might be forgiven for believing that we’re a nation that’s quick to claim compensation if we suffer a personal injury. In fact, all those adverts for companies encouraging people to make a claim are actually telling a different story. The personal injury market in the UK is fairly small and companies are chasing the same people.

The data provided by the government illustrates that claims have been falling over the previous few years. In 2017 the number of settlements recorded by the Government Compensation Recovery Unit was 1,013,490. In 2018 this fell to 894,563. It fell again in 2019 to 853,259 . This figure is believed to represent just a fraction of the number of people who are entitled to make a claim and could do so successfully.

Brits don’t like to make a fuss

British people are slow to make claims even when they’ve suffered serious injury. Data gathered over a number of years all points to the same key trends. While a quarter of Brits say they would be likely to make a claim, over eighty per cent believe other people are right to do so. While the ending of legal aid for personal injury claims some years ago reduced the number of claims, other factors also play a part in public attitudes.

So why is there such a mismatch?

There is no ‘compensation culture’

Media coverage of personal injury claims tend to focus on non-representative cases. It rarely touches upon the daily hard work of securing adequate compensation for people who have suffered life changing injuries. These people are now having to deal with the emotional, financial and employment consequences of their injuries. This mismatch between reality and the media story can serve to make claimants look greedy or somehow deceitful. This is an unjust characterisation based on distortions of the data. Compensation is simply about ensuring that people who have had an accident are able to rebuild their lives.

Fear of going to court

There’s a widespread belief that personal injury claims mean you will have to go to court. This provokes an understandable fear that puts people off making a claim. In fact, the overwhelming majority of cases are settled without going anywhere near a courtroom. On those rare occasions when a claimant has to visit court, they will have a specialist solicitor on hand to guide them. Your solicitor will be upfront about the likelihood of this being needed from the very beginning, meaning you have the chance to make an informed choice.

Making a claim is costly

Many people fear hefty upfront costs for launching a claim and the removal of legal aid support for personal injury claimants only served to reinforce that belief. They also fear that if their case is unsuccessful, they’ll have to pay solicitor fees that they cannot afford. With no-win, no-fee claims the process is risk free for the claimant. If the personal injury solicitor does not think your claim is likely to succeed, they’ll discourage you from making a claim. Only if you win do you pay a percentage of the final settlement to the solicitor who acted on your behalf. The level of this will be discussed and agreed upon before the claim is made.

Personal injury claims are complicated

Any kind of legal matter is often believed to be complex. This is particularly so in relation to personal injury claims. The process is in fact reasonably straightforward and you will not be left to make sense of it on your own. Your solicitor will take you through the procedure step by step, explaining in a completely jargon-free way how a claim works. If we can’t take on your case, we’ll make sure you understand why in clear language.

You can lose your job if you make a personal injury claim

This is one of the biggest fears of people who could be in a position to make a personal injury claim. They worry that an employer might look to get rid of an employee who makes a claim following an accident in the workplace. This would in fact be illegal. There are strict rules governing dismissal and it’s illegal for an employee to be either dismissed or treated unfairly as a result of a personal injury claim. Any employer who acted in such a manner would be liable for further legal action. In reality however, many employers express remorse for workplace accidents that involve valued members of staff and can be keen to ensure a just and fair settlement. A personal injury claim should find a fair outcome that both employee and employer can accept.

A big company will always win against the little guy

There’s a widespread belief that somehow large companies have the law in their pockets and are always likely to win when it comes to personal injury claims. In fact, some of the biggest companies in the UK have settled personal injury claims and are treated no differently to a local corner shop or window cleaning business in the eyes of the law. England and Wales has some of the most detailed and comprehensive laws in the world covering any number of different scenarios. It doesn’t matter if your employer is a FTSE 100 listed company, the local authority or a small business, the laws are there to provide us all with adequate protection. 

Personal injury payouts are taxable so it isn’t worth it

Another myth we often hear is that personal injury payouts are subject to income tax. This is not the case. Compensation is completely exempt from income tax.

Talk to a professional

Unfortunately, widespread myths prevent many people from even making an initial phone call or from sending an email. A legal professional well versed in personal injury claims will be able to advise you how best to proceed. It’s important to put the myths to one side to ensure that you’re not missing out on compensation to which you are legally entitled.

We offer free, impartial advice about personal injury claims. Why not call us or fill in our contact form today?

Industrial diseases are an unfortunately common occurrence in the workplace. At Mark Reynolds, our lawyers know that this shouldn’t be the case.

We are here to help you and to fight your claims for compensation from negligent employers. Industrial diseases can take years to appear, but that doesn’t mean you shouldn’t claim for the injury that’s been done to you over time. Our experts have the necessary skills and experience to know when and how to fight cases.

There are many different types of industrial disease that you can claim for, so we’ve put together this rundown of the most common occupational illnesses.

What is an Industrial Disease?

Industrial diseases are chronic, debilitating and potentially life-threatening illnesses that are caused over time due to inhospitable or unhealthy working environments.

Industrial diseases range from dangerous respiratory diseases to disabling forms of tinnitus. There is a range of different illnesses and diseases that can occur depending on where you work, how long you have worked there for, and what the safety standards and precautions in place have been like.

Industrial diseases form over time and can be caused by exposure to deadly substances such as asbestos or due to not having been issued correct or adequate safety equipment in industrial jobs.

Types of Industrial Disease

It’s important to know which industrial diseases you may be susceptible to and which you can claim compensation for if your employer is at fault. Here’s an incomplete rundown of common forms of industrial diseases that our clients have contracted due to bad health and safety practices in the workplace.

Occupational Cancer

One of the most dangerous industrial diseases that we fight claims of compensation relating to is occupational cancer.

Occupational cancers form due to poor health and safety standards in the workplace, and over time have led to employees being subject to carcinogens or radiation while on the job. This is one of the worst and most unpredictable industrial illnesses, as cancers can form variously in the body and can be caused by a variety of exposures.

The type of job you’ve worked can influence the type of cancer you could potentially contract. Construction workers can end up with lung cancer related to asbestos exposure, while even simply working too long in direct sunlight with inadequate protection can result in skin cancer.

Occupational cancers can, in some circumstances, be difficult to directly prove as being directly caused by the workplace environment. However at Mark Reynolds, we have the experience to know when you need to press for a claim.

Respiratory Diseases

Another unfortunately all too common type of industrial disease that we fight cases for are respiratory diseases.

These are diseases that affect the respiratory system, namely diseases that affect the lungs and your ability to breathe. There are many different types of respiratory disease, but common types include emphysema, bronchitis and asthma.

While some of these can occur naturally, these diseases can be fiercely exaggerated by inadequate safety standards in workplaces, in particular in construction work, factory jobs or scientific research roles. Even office job workers can contract respiratory diseases due to inadequate ventilation systems or out-dated, asbestos-lined workplaces.

Asbestos-Related Diseases

One of the most infamous forms of industrial disease that our lawyers at Mark Reynolds deal with on a regular basis is disease related to asbestos.

It’s unfortunately common for us to deal with clients suffering from exposure to asbestos, particularly as this deadly material was used so prevalently in construction in the past. These diseases can take years to appear after exposure, but asbestos is known to cause lung cancer and many other respiratory illnesses.

Many construction workers in past decades didn’t know the dangers of asbestos and suffered dire consequences because of this lack of knowledge. Today, while the dangers are very much well known, there’s still a danger of exposure to asbestos in certain industries.

Skin Diseases

In some industries, skin diseases can commonly occur in workers. In fact, skin diseases are amongst the most common type of industrial disease that we fight compensation claims for.

Skin diseases are generally caused by handling carcinogenic substances, chemicals or irritants. There is a wide range of substances that can cause skin diseases, and you can contract cancer or eczema from mishandling products and chemicals while at work.

Hazardous chemicals that are handled with inadequate safety precautions in place can cause long-term damage to your skin, while simply working in the sun can lead to forms of skin cancer too.

Tinnitus

Tinnitus is a common occurrence in workers operating for long periods of time in loud environments, be it using heavy machinery consistently or working in noisy industries such as the aviation world and at airports. It is a persistent ringing or humming in the ears that can last for the rest of one’s life.

Tinnitus occurs in a large percentage of the population, and it can be exacerbated due to poor working conditions and in situations where employers fail to provide adequate safety equipment, especially noise-cancelling headphones or ear protectors. Tinnitus can lead to hearing disruption and loss, especially as you age, and it’s an industrial disease that you can definitely claim compensation for.

You can find out more about what counts as a claim for industrial disease in a previous blog post.

A Duty of Care to Employees

All employers have a duty of care to their employers, and it’s for this reason that we at Mark Reynolds know that you can fight for compensation and win if inadequate working conditions have been provided for you during your career.

The Government has passed several Acts of Parliament in its history, deliberately targeting malpractice of employers and lax safety standards, so if you have a case, then you have the force of the law behind you. Workplace health and safety standards are incredibly important. If your employer has breached those standards and broken their duty of care to you, then you deserve compensation.

Get in Touch Today

If you believe that you might be entitled to claim for an industrial disease related to your working environment, then don’t hesitate to contact Mark Reynolds Solicitors today. We work on a no-win, no-fee basis, so you have nothing to lose by discussing your case with our dedicated lawyers.

Personal injuries are what they describe: injuries that you sustain to yourself. These might be physical, but they can also be psychological.

If you suffer a personal injury, you can claim for the personal pain and suffering you experience, and also for expenses such as damaged clothing, travel costs, and certain help and equipment you have needed as a result of the injury.

Types of Personal Injuries

Personal injuries can vary, according to individual circumstances, but typical injuries include:

• Whiplash and spinal injuries
• Head or brain injuries
• Electrocution or electric shock
• Severe burns
• Bone and soft tissue injuries
• Damage to joints
• Loss of limb
• Paralysis
• Nerve damage and damage to vital organs
• Damage to vision or hearing
• Psychiatric and emotional injuries, including post traumatic stress disorder (PTSD).

These injuries can occur as a result of vehicle accidents, equipment failure, work-related accidents, construction site incidents, medical malpractice and various forms of workplace negligence.

They can be slips or falls from walking on ice or tripping over hazards; a severe bite from a dog not on its leash; a chemical burn from spilled, hazardous materials.

Personal injuries may happen at work, in the home, while travelling or on holiday.

What Can You Claim For?

When it comes to personal injuries claims, you can claim for the pain and suffering you experience and compensation for your physical injuries. These injuries can include scarring, disfigurement and psychological injury.

How much you receive in compensation will depend on how severe your injuries are; whether your injury has resulted in long-term or permanent disability; and how much your injury has disrupted your life.

As well as claiming for pain and suffering, you can also claim for loss of earnings.

An accident may cause you to have to take time off work, and you can claim to recover any loss of earnings. Normally, this claim is based on your average take-home pay during the three month period before the accident.

You may also be able to claim for future loss of earnings, if, for example, you cannot return to your old job, or you find you must give up work because of an accident.

There are other expenses associated with personal injuries claims. These include damage to clothing or personal effects.

You might also claim for travel or prescription charges, if these are things you must pay following an accident.

If, following an accident, a family member has to look after you, you may be able to claim compensation for them, because they are providing services to you.

There can also be costs for nursing care and equipment following a serious injury, if, for example, you require a wheelchair.

Why Make a Personal Injuries Claim?

Sometimes people are scared off making a personal injury claim because they think the process will be too complex, drawn-out and will not be worth it.

Claiming is your right, under law, and, if you have experienced physical or mental discomfort, or a life-changing injury, then it is perfectly fair that you should be able to seek compensation for it.

Advice and Support for Personal Injury Claims

We can assist you with your personal injury claim, if you are eligible. Please contact us today for advice and support. Call 0800 002 9577, or complete our online contact form.

The brain is the most vital organ. It acts as the command centre for the entire nervous system, receiving and sending signals throughout the body. Cognitive functions like language and visual processing also rely on input from the brain.

Any physical blow to the head can disrupt those functions, resulting in mild to severe physical or mental disabilities. In fact, brain injury is one of the leading causes of death and disability worldwide according to the International Brain Injury Association.

What Is a Traumatic Brain Injury?

A traumatic brain injury or TBI is defined as a sudden blow to the head from an external force. The extent of the damage depends on several factors including the type of injury sustained and the health of the individual.

The Glasgow Coma Scale (GCS) is used to classify TBI according to its severity with 15 being normal and 3 reserved for those in a comatose state. A TBI can result in long-term problems on even basic cognitive functions, from getting ready in the morning to having a regular conversation.

Common causes of traumatic brain injury include:

• Vehicle collisions
• Physical assault
• Sports injuries
• Workplace injuries
• Explosive blasts
• Falls or accidents

Symptoms of brain injuries generally fall into four categories: Cognitive, perceptual, physical, and behavioural. Those with moderate to severe cases of TBI may exhibit the following:

• Memory loss or concentration problems
• Difficulty speaking or understanding others
• Impaired decision-making ability
• Changes in vision or sense of touch
• Loss of fine motor skills
• Extreme physical or mental fatigue
• Problems with sleep
• Increased aggressiveness

Injured individuals typically show improvement between six months to two years with rehabilitation. Each case is different though, as injuries typically damage a different part of the brain with varying degrees of force. For this reason determining the length of recovery is difficult.

Going through a serious injury can be a traumatic event especially when they occur in loved ones. If a loved one has sustained an injury from a third party, you may be able to make a claim. Contact Mark Reynolds personal injury solicitors today for more details.

Depending on your job you will face a variety of dangers and hazards to different extents. If you work in an office for example, you are much less likely to be at risk of burns than you would working in a kitchen. However, there are a wide range of accidents and injuries that can occur across all occupations, the most basic being falling/tripping over which in 2008 accounted for 4 out of every 10 major injuries occurring in the workplace. Statistics from the same year also showed that the other most common injuries were caused by lifting or carrying objects.

Because of these seemingly minor accidents, a total of 34 million work days were lost. Out of these 34 million, 6 million were due to injuries that happened within the workplace, whilst the remaining 28 million were lost to work related illnesses. That year a total of 229 people were killed at work which in total comes to only 0.8% per every 100,000 workers but is still a phenomenal amount of lives unnecessarily lost. In the long term the death rates have fallen but over the past 6 years the fatality figures have disturbingly remained the same.

As it stands, more than 2 million people feel that either their current place of work or previous work places have caused them to suffer from illness or have caused already existing illnesses to worsen over time.

Statistics show that overall currently the three most common types of accident and injuries in the workplace are:

• Tripping/Slipping/Falling over
• Electrical based incidents
• Manually lifting/carrying items

As a result of this, the most common injuries were:

• Neck Injuries
• Back Injuries
• Head Injuries
• Sprains and Strains
• Reoccurring Strain Injuries

Less common injuries and illnesses that have been recorded include:

• Asthma (occupational)
• Hearing problems/ Deafness
• Dermatitis
• Vibration White Finger

For a free, no obligation chat about the concerns you have about a personal injury occurrence please contact one of our accident claims specialists on 0800 002 9577 or complete our online enquiry form in the red box on the right or by clicking here.