Nov 26
Spinal Injury Claims – The Lowdown
Posted by Ewan A. Smith in Compensation Articles on 11 26th, 2010| | No Comments »

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Injuries to the spinal cord are very serious and getting on with your life after sustaining a spinal injury can be very difficult in the short and sometimes long term – but if you have sustained a injury to your spine, you could be entitle to compensation. Medical treatment and rehabilitation, depending on the severity of spinal damage, the effect on the injured individual’s quality of life, comfort (and discomfort), forced lifestyle changes, the financial implications of treatment, physiotherapy and in very severe circumstances and 24 hour care – are all factors that affect an injury claim.

These factors make a spinal injury claim a very serious matter indeed – both for the injured individual and their family. This is why it is important that when making a claim, to use a qualified, experienced claims specialist to handle the matter on your behalf – one that knows the intricacies of the claims process and, more crucially, one that has proven track record of resolving spinal injury claims.

This said, there are yardsticks that are used to gauge the amount of compensation for “typical” cases, such as minor (recoverable) spinal damage. That level of compensation is affected by liability, financial loss, the adjudged level of negligence (or indeed wilfulness) that resulted in the guilty party causing the injury, and so on. These combined factors establish grounds for a claim, determine the outcome of the case and conclude how much should be awarded.

All factors are independent of each other, but this gives the court officials a larger picture of the injury by which they determine an appropriate level of financial compensation. To put this in perspective, in 1994pedestrian was awarded in excess of 3m in damages after being left paralysed in a road traffic accident.

There have been large awards of around 2m – 3m for the most serious of cases, which have included the cost of round the clock medical care for the individual, which gives us an idea of how severe spinal injuries can be.

People should not attempt to pursue spinal injury claims without first speaking to a specialist solicitor

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Nov 26
Making A Personal Injury Claim
Posted by Paul Myers in Compensation Articles on 11 26th, 2010| | No Comments »

Many people who suffer personal injury in public, such as by tripping or slipping, as a result of an accident which was someone else’s fault do not claim compensation and suffer in silence due to the embarrassment of having had an accident in public or their fear of the legal system.

However in the event you do wish to make a claim, you must establish liability and prove that someone else was negligent and that the negligence caused both your injuries and other losses. A company, person or other entity can be seen as negligent if failures to take reasonable care to avoid acts and omissions which would be likely to cause injury and which causes injury have occurred. The claim will be made against the person or body who you believe was to blame for the negligent act or omission which led to the injury you sustained.

You should seek to make your claim at the earliest opportunity, as the law within the United Kingdom only allows an adult three years from the date of the accident or injury for a claim to be made, also the sooner you submit the claim the greater the chance of success.

If the claim was to be brought outside of this time limit, you may have lost your legal right to bring a claim for compensation, and if the claim is heard, the chances of a successful outcome for you are diminished. If you have an accident before you reach 18 years of age, you have 3 years from your 18th birthday in which to bring Court proceedings for the claim.

Most cases will not require the face-to-face meeting of a client with their Solicitor, as all of the information will be gathered either verbally or by letter. In more complicated or severe cases we may wish to arrange an appointment, which can either be at our office or, if required, at your home.

If you have been injured in an accident on public transport, such as a Bus Accident then contact Bartletts Solicitors in Walton Vale, Liverpool. Bartletts are specialist accident claims liverpool solicitors.

categories: law,legal,compensation,loans,claims,lawyer,solicitor

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Nov 20
Energy Efficient Land-Lords
Posted by Paul Myers in Compensation Articles on 11 20th, 2010| | No Comments »

Historically, landlords and investors have been reluctant to incur capital costs to improve energy efficiency and sustainability of commercial buildings where they have little or no rights to recover those costs through the service charge and where the financial benefit is perceived to assist tenants only.

However, with increasing pressure from the Government on property owners to consider the energy efficiency of commercial buildings and to put in place good environmental practices, ‘Green Leases’ look set to be firmly on the UK property agenda, particularly for businesses with a commitment to sustainability.

Alterations – tenants could be restricted from making alterations to premises that prejudice the energy performance certificate (EPC) rating or the environmental performance of the premises. Landlords may also consider waiving the reinstatement provision where alterations are made in accordance with green lease clauses or which reduce the EPC rating for the premises.

Service charge – where landlords apply principles of good environmental practice in managing their premises, such as installing energy saving equipment, costs could be recovered through a service charge. Landlords may however come up against opposition from tenants for contributions towards capital costs in short term leases.

Energy efficiency – imposing an obligation on both landlords and tenants to operate in an energy-efficient manner.

Waste management – detailing positive obligations on tenants with regard to packaging, waste and recycling activities.

Rent – as a financial incentive to tenants to enter into a green lease, landlords can offer an incentive, such as a rent reduction, cap or even waive a rent increase, linked to targets imposed on the tenant for efficient use of energy, water, waste and recycling.

If you have been injured in an accident on public transport, or have a Back Injury at work then contact Bartletts Solicitors in Walton Vale, Liverpool. Bartletts are specialist Personal injury claim liverpool solicitors.

categories: law,legal,compensation,loans,claims,lawyer,solicitor

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Nov 20
Compensation Claims
Posted by Paul Myers in Compensation Articles on 11 20th, 2010| | No Comments »

A broad range of injuries are involved in personal injury litigation. Whiplash sustained in a car accident, vibration white finger from operating machinery in a factory, and even post traumatic stress sustained from a highly distressing situation for example in the army all fall under this category, showing that personal injuries are not just physical. Whether your injury has presented you with long or short term effects, you could be entitled to claim for compensation if the injury was caused by the negligence of someone else.

The first step towards lodging a claim is to have your injuries assessed by a doctor. The diagnosis of your injury, whether long-term or short-term, is crucial in deciding the amount of compensation you will be entitled to. Conditions like asbestosis that will continue to affect your health in the distant future will entitle you to substantially more compensation than a sports injury like a sprained ankle which will recover in time.

Many solicitors now work on a no win no fee basis which means that your case will not be taken on unless there is a reasonable chance that it will be successful.

Professional legal representation can make the process less stressful and time-consuming than it would be pursuing the claim yourself.

You should take a number of steps at the scene of the accident of injury to gather evidence which can be used to substantiate your claim, as you will need to prove that the injury was occurred as the result of someone else. Evidence should constitute of the date and location of your injury and how it happened.

You will be entitled to compensation if it is proven that another party was wholly or partly to blame for the injuries you sustained from the accident.

Gain a prognosis of your injury from a medical professional and collect receipts and payslips that will demonstrate a loss of earnings. Your solicitor will be able to organise your evidence in order to present it to the party being held responsible and their insurers.

Qualified solicitors can simplify this process and make it less stressful for you. By claiming you could also prevent the accident or injury happening to anyone else.

If you have been injured in an accident on public transport, an require a specialistAccident claims liverpool solicitor then contact Bartletts Solicitors in Walton Vale, Liverpool. Bartletts are specialist No win no fee compensation claims solicitors.

categories: law,legal,compensation,loans,claims,lawyer,solicitor

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Nov 19
Cosmetic Surgery
Posted by Paul Myers in Compensation Articles on 11 19th, 2010| | No Comments »

The media constantly bombards us with images of perfect celebrity figures which are touted as the “norm”, so it is unsurprising that cosmetic surgery is being increasingly hailed as the answer to everyone’s problems.

However, compensation claims for surgical errors and clinical negligence have amounted to more than 7 million in the last 13 years, demonstrating that cosmetic surgery is certainly not a quick fix.

Channel 4’s documentary, The Ugly Face of Beauty, uncovers the misleading and overpowering sales techniques used by clinics to drum up business. Some less reputable clinics fail to offer any aftercare at all which can pose a serious danger to a patient’s recovery. Wounds can be infected and lead to permanent disfigurement in extreme cases.

Of course there are many professional conscientious surgeons who ensure they explain risks and organise post-op care. Surgeons specialising in cosmetic surgery must register with the General Medical Council register if starting up from 2002, and many already in practice have registered as well.

A report published in 2005 by Britain’s Chief Medical Officer warned that surgeons least likely to be registered as specialists were in fact those who practiced only cosmetic surgery. With no set of requirements to follow, surgeons can mislead patients with guaranteed results and inadequate aftercare, giving rise to infections requiring further operations.

The consequences of cosmetic surgery clinical negligence, range from mismatched and lopsided breast implants to tummy tucks with sickening scars. Wound infection and bleeding (haematoma) are risks of any surgery and can occur without negligence, but the lack of aftercare and follow-up with timely intervention to treat problems can be negligent and can make the consequences long-lasting.

After paying the full cost of the procedure upfront, patients often have nowhere to turn when their surgery goes wrong. However, complaints can be lodged with the Healthcare Commission, who will investigate your claim should the clinic prove unhelpful or obstructive.

Unfortunately it is often necessary to resort to legal action. Botched surgery can cause distress and discomfort to patients. Their self-esteem can be shattered by the alteration to their looks, so it is important that a solicitor is sympathetic, understanding and effective.

If you have been injured in an accident on public transport, such as a Bus Accident then contact Bartletts Solicitors in Walton Vale, Liverpool. Bartletts are specialist Accident claims solicitor .

categories: law,legal,compensation,loans,claims,lawyer,solicitor

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