If you have been injured and start a personal injury claim there is a good chance it will be under a conditional fee arrangement or “no win, no fee.” What this means for you is that regardless of a successful outcome or not your solicitor or firm of solicitors cannot charge you for their fees.
In many cases solicitors may recommend that After the Event (ATE) Insurance is taken out to protect you against costs. Costs are separate to fees and can also cover the solicitor’s fees for the person or company you are claiming off of.
If ATE is taken up you do not have to purchase this and the solicitor will purchase the policy for you. Solicitors then recover the cost of this policy from the opposing side and, again, regardless of outcome you will not be out of pocket.
The other benefit to a “no win, no fee” arrangement is that you will have peace of mind, knowing that your solicitor will be doing the best job possible because without a victory they will not be paid.
You can find solicitors who specialise in this field by using local directories or you can use services that provide free legal advice online from specialist solicitors.
The government has recently said that it will ban referral fees in personal injury cases.
Justice secretary Ken Clarke said during a reading of the bill that the Ministry of Justice was considering a ban.
However, the Legal Services Board has refused to lend support to an outright ban and this has drawn criticism from areas like the Law Society and Jack Straw, a former justice secretary.
Straw has been openly critical of insurance providers for making profits from referrals that lead to conditional fee arrangements.
The current Justice Minister, Jonathan Djanogly said:
“Referral fees are one symptom of the compensation culture problem and too much money sloshing through the system.”
“People are being encouraged to sue, at no risk to themselves, leaving schools, business and individuals living in fear of being dragged to the courts for simply going about daily life.”
“We will ban referral fees and we will go further. We have proposals before parliament to end the bizarre situation in which people have no stake in the legal costs their cases bring. This will make claimants think harder about whether to sue and give insurance companies and business generally an incentive to pass the savings onto customers through lower prices.”
The ban on these fees is likely to see an uptake in the consume needing free legal advice from solicitors.
There are currently online services where you can speak to a solicitor for free.
Professional institutes that provide services to people have both an implied and formal duty of care. This is particularly prevalent in the medical profession and those employed in the provision of health care have quite a stringent duty of care for their patients and the care given.
In the UK the vast majority of medical practitioners perform their wok in a high quality fashion but mistakes and negligence can and does occur.
If you have been in the medical of someone and suffered an injury due to the actions or inactions of a practitioner then you might be able to lodge a compensation claim. Solicitors can advise you on this.
Medical negligence covers a wide sphere and includes but is not limited to:
• Delay in care or diagnosis
• Incorrect diagnosis
• Injury
• Infection
• Neglect
• Surgical and prescription errors
• Child birth
Assessing and valuing a claim is dependent on many factors which can include severity of injury, level of negligence, life implications and how it affects you and your family.
These types of claim are, more often than not, complicated and time consuming. If you are considering a medical negligence claim it is vital that you seek advice from a solicitor or you can use an online service to ask a solicitor a question for free.
Twisting the night away can lead to head aches, sprains or even a broken wrist in the case of Angela Spalding.
Ms Spalding, 40 years old, was out with friends and at the Love2Love nightclub when she fell. She states the cause of the fall was a slippery dance floor and that this caused her to break her left wrist, an injury which she later discovered needed surgery to fix completely.
She has also had much physiotherapy on the injury but still suffers pain on an ongoing basis and this has led to depression.
Ms Spalding initiated legal action against the owners of the club, CFG leisure Group LTD and is asking for £100,000 in damages. The group deny responsibility and say that she should have exercised “reasonable care” for her own safety and security.
CFG were previously trading as 3D Entertainment but that company went into voluntary liquidation in 2009. However, 3D was never dissolved so the complaint that Ms Spalding launched has been allowed to proceed.
If claims are proven on the balance of probabilities then compensation can be paid out. There are specialist solicitors who can assess and execute compensation claims as well as online services where you can ask a solicitor a question for free.
A man was visiting a waste recycling centre when he was tragically crushed by a vehicle belonging to the centre.
The married father was disposing of garden waste when the vehicle, which was fitted with a shovel, crushed him against a wall causing fatal injuries in the spine and chest. The vehicle was being driven by a waste centre employee who did not see the man and was not totally aware of the vehicle position.
The Health and Safety Executive (HSE) investigated the incident and discovered several things that contributed to the tragedy which included:
• Lack of signage
• Poor vehicle operation
• Poor direction of vehicle traffic
• Insufficient staff
• Lack of safety procedures
• No appropriate risk assessment
Based on this the HSE prosecuted the company and following admissions of liability the company were fined a 6 figure sum.
The deceased man’s family also launched a compensation claim through specialist solicitors. In addition to the identified failings it was also discovered that the company had had a similar incident at another site that they operated.
The company admitted liability in respect of this claim and have made an interim payment of compensation to the family. Clearly no amount of money can replace a family member but sudden deaths can leave families in a financially precarious position.
If you have been affected by serious injury or a family death because of another’s negligence then you could be eligible to make a compensation claim. It would be advisable to seek advice from a solicitor or you could use an online service to obtain free legal advice.
Mark Richardson is a teacher who stood falsely accused of assaulting a pupil. However he was never actually prosecuted and launched a claim against West Midlands Police because his position was that the whole incident left a mark on his otherwise exemplary career.
The police force said they were internally investigating how the 2009 case was handled.
Mr Richardson also demanded that his fingerprints, photograph and DNA be destroyed as well as any record on the Police National Computer being removed or amended to accurately reflect the situation.
Mrs Justice Slade agreed with the illegality of his detention but refused the demands in relation to Police records stating that “take it properly into account when making any decision as to a request by the claimant for destruction or removal.”
The general secretary for NASUWT, Chris Keates, said she planned to make requests for national procedures in instances like this to be changed so spurious allegations do not affect a professional teacher’s or child worker’s career.
Chris Keates, general secretary of the NASUWT, told the BBC she planned to write to the secretary of state for education and the home secretary to ask for modifications to national procedures.
“This is a landmark decision for teachers and others who are vulnerable to allegations made by children and young people.
“New guidance for police is needed urgently to prevent these needless arrests that wreck innocent people’s careers.”
“Teachers are vulnerable to allegations made by pupils.”
“Such allegations frequently involve police investigation.”
“The overwhelming majority prove to be false but teachers are often deeply traumatised and their career is blighted.”
The arrest of Mr Richardson arose from an incident in 2009 where a pupil alleged assault. Mr Richardson maintained that the pupil actually walked into his (Mr Richardson’s) arm which was outstretched towards a swinging door.
A complaint was lodged against Mr Richardson in December 2009 at the school in the West Midlands.
Amazingly, it was the school authorities who pursued the case and not the pupil’s parents. Mr Richardson went to the Bloxwich and Walsall Police station on a voluntary basis but was arrested and detained under Police and Criminal Evidence Act procedures.
Despite the criminal investigation no criminal charges were authorised.
The Court heard that as a result of the incident:
“The claimant doubts whether he would be able to gain promotion due to a record of arrest on his Enhanced Criminal Records Bureau (CRB) check.
“He is obliged to provide his employer with a CRB check every three years.
“He is also concerned as to the effect of the record of his arrest on his future employability.”
A spokesman for West Mids. Police said:
“Following the court ruling West Midlands Police will launch an internal investigation into this matter to review the circumstances of the arrest and handling of the case.”
“The findings of this investigation will be considered along with any recommendations that arise from it.”
“Until this is completed it would be inappropriate to comment on today’s ruling or the case in question.”
The right to freedom is covered by the Human Rights Act and Police must adhere to very strict rules when arresting someone. If you feel you have been wrongfully detained or arrested you should consult a solicitor.
You can also use an online service to ask a solicitor a question for free.
A 45 year old man, Gerald Dahlstrom, from Cornwall suffered serious injuries when he dragged into a machine at Imerys Minerals Ltd. in Cornwall.
Mr Dahlstrom was placing bags of clay onto the conveyor belt that fed the machine and he was pulled into a narrow gap between the belt and another belt above. This process was designed to crush the clay but instead crushed Mr Dahlstrom.
This caused a multitude of injuries to his head and body and left him unable to work for over a year.
The Health and Safety Executive investigated and prosecuted Imerys Minerals who were ordered to pay £45,000 in legal costs and fined £30,000 also following admissions to not complying with the Health and Safety at Work Act.
It was the opinion of the HSE inspector, Jo Fitzgerald, that these injuries would not have occurred if the company had lived up to its responsibilities.
If you have been injured because of employer negligence or failings you could be entitled to make a compensation claim. You should consider consulting a solicitor or use an online service to ask a solicitor a question for free.
One of the first things that springs to mind in a vehicle accident is the damage to vehicles and injuries caused. Both areas lend themselves to making an accident compensation claim.
The issue of whether you could make a claim or not, depends on who was liable for the accident in the first place.
Simply put, if you have been in accident with another road user that other user would have to have been partially or wholly responsible for the accident for you to claim against them. This is why it is vitally important to gather as much information as possible other than just simply swapping details with the other road user.
You should:
• Take photos
• Note vehicle positions
• Note weather conditions
• Note witness details
• Consider calling Police for impartial evidence gathering
These details can make investigating and settling a claim far more straightforward.
In the event that the other driver leaves the scene or it is a stolen or uninsured car the calling the Police is a must and you should also speak with the Motor Insurers Bureau.
If you are thinking of making a claim you should definitely seek the advice of a solicitor or use an online service to obtain free legal advice.
A linked blog reported on the potential health issues at the Fiesta Hotel Paraiso Floral hotel in Tenerife but it would seem that other resorts are also causing misery for holidaymakers.
Online reports have emerged about the 500 room and 3 swimming pool resort of Luabay Costa Los Gigantes in Tenerife. The allegations, again, centre on food poisoning.
March appears to be the month where the problem has emerged and this is probably in keeping with the start of the holiday season. Tourists have reported in their complaints:
• Poorly prepared food
• Nausea
• Vomiting
• Cramps
• General gastric illness
These issues have affected holidaymakers whilst at the resort and on their return to the UK. As if a ruined holiday was not enough reports have also stated that the resort was charging extra money for illness treatment and that resident representatives of the tour operator were extremely unhelpful and not interested.
Once again, this high lights poor service in a consumer driven industry. If you suffer illness on holiday because of poor hygiene standards you could make a compensation claim.
Specialist solicitors can help with this or you could use an online service to ask a solicitor a question for free.
