Solicitors Accident Claims Warrington

Making personal injury claims against uninsured drivers

It’s estimated that there are over one million uninsured drivers currently driving on Britain’s roads and every year there’s around 25,000 incidents involving uninsured drivers.

As we all know, it’s a legal requirement to have valid motor insurance and it can literally add insult to injury if you happen to get hit by somebody who hasn’t. However, not all is lost. If you are hit by an uninsured driver and you are unfortunate enough to suffer an injury then you should be able to make a claim with the MIB (Motor Insurers’ Bureau). The MIB is a non-profit company which is funded by the insurance industry to deal with matters precisely like this. Even if you’ve only got third party insurance you should be able to make a claim.Personal Injury

When you get hit by another vehicle and you find out that they are uninsured it can be a very heart sinking moment. This is compounded if you’ve suffered an injury as well and your immediate thoughts will turn to how you will cope financially with time off work, and how will you afford to replace your vehicle. The MIB is there to deal with these issues but it still pays to get some legal representation to make sure that you receive the full compensation you deserve.

At Mark Reynolds Solicitors we have dealt with numerous cases such as this and we can advise you on the claiming process and the medical evidence you will need. If the injury has caused you to need long-term care and rehabilitation, we can help you put together a claim for that as well. If you’ve recently been involved in an accident with an uninsured driver and not sure what to do next then please contact us by phone or by visiting one of our offices, we would be happy to advise you.

Solicitors in Leigh

Cycling accidents in the UK

According to the latest figures from RoSPA, around 3000 cyclists aAccident Claims Solicitorsre killed or seriously injured every year in the UK, and there are approximately 16000 cyclists who suffer minor injuries. And these are just the reported cases. Many cycling accidents are not reported to the police.

These figures are based on cycling accidents which happen on the road. It is estimated that the number of serious injuries that happen to cyclists away from the road could be 2 or 3 times more.

Here are some facts and figures about cycling accidents in the UK:

  • The majority of cycling casualties are adults with less than 20% being children. Around 80% of cycling casualties are also male.
  • Around two thirds of cyclists are killed or seriously injured at road junctions, with T junctions being the most common.
  • Around 50% of cyclist deaths happen on rural roads
  • Approximately 80% of cycling accidents happen in daylight hours
  • Around 75% of cyclists who are killed have major head injuries
  • More cycling accidents happen during the spring and summer months
  • Around 25% of cycling accidents are caused by HGVs, buses or coaches passing too close to a cyclist

When looking at the cause of cycling accidents, the most common scenarios are:

  • Cyclists turning right from a major or minor road
  • Cyclists turning on a junction, especially T Junctions
  • Cyclists riding off a pavement and into the road
  • Motorists turning into the path of a cyclist without looking properly
  • Motorist passing too close to a cyclist

If you have been involved in a cycling accident that wasn’t your fault and would like to discuss the potential for making a claim then please get in touch. At Mark Reynolds we have helped hundreds of cyclists with the accident claim process so please contact us to discuss your case.

Personal Injury Accident Claims

The Most Common causes of accidents and injuries in the workplace

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 Personal Injury Solicitors Accident Claimsshowed 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.

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The Living Wage Debate

Despite Aldi’s recent announcement that they intend to pay 9,000 staff the full living wage, the overall feeling across UK employers is one of fear and reluctance to implement it.

When George Osborne announced that the minimum national living wage was to rise to £7.20 for over 25s from April 2016 onwards, the general reaction of employers. Aldi excluded, has been to look at their recruitment policies and focus on under 25s or look at outsourcing to self-employed workers.

The Living Wage

In a recent survey by Manpower across more than 2000 employers, many came back saying that they were scaling back recruitment plans stating that the affordability of the new living wage was a big obstacle to their recruitment plans.

The CBI have also stated that the introduction of the new living wage was a ‘gamble’ to the UK employment market with employers potentially halting recruitment altogether or finding ways of bypassing the legislation by employing people who are not entitled to it in the first place.

Conversely, living wage campaigners believe that just like when the minimum wage was introduced in 1999, employers will absorb the costs of doing so and the same will happen when the living wage for over 25s is introduced next year.

The employment landscape could potentially change with the introduction of the living wage, as employers start to favour using remote self-employed workers rather than recruiting people themselves. This could throw up some legal challenges if employers don’t follow the letter of the law surrounding the use of self-employed people and the amount of time they spend working directly for the company without the benefits that a normal full-time employee would get.

It will be interesting to see how this story develops and the impact it will have on UK employment and the types of law cases that may emerge if employers fail to implement the new living wage correctly.

Have you lost out on money from an employer or a previous employer has failed to give you what you have worked for after moving to a new job? Talk to our professional employment law solicitors today with no obligation. Contact us.

DNA

What compensation can you claim in clinical negligence cases?

 When it comes to making a claim in a clinical negligence case it is necessary to establish that the medical professional in question was negligent in their actions and that this negligence caused your injury. The courts have to decide that the actions of the medical professional were not simply a mistake but a case of incompetence that no qualified medical professional should have been responsible for. It must also be proved that the incompetence of these actions has caused or contributed to your injury. To prove both of these scenarios it is highly likely that an independent medical specialist will need to be called in to evaluate your case.

If your case is successful then you will be to claim:

General Damages – compensation for the pain, suffering and injury you received.

Special Damages – compensation for expenses that you have incurred such as loss of earnings, prescription charges, travelling expenses etc. You will need to keep a careful record of expenses so that you can be appropriately recompensed.

Future Losses – compensation for any future loss of earnings, loss of pension, future treatments etc

Personal Injury and Clinical / Medical Negligence Lawyer Determining the above costs can be a complex affair involving extensive record-keeping as well as advice from independent experts. At Mark Reynolds Solicitors we have handled hundreds of clinical negligence cases and have helped our clients put together strong cases with all the necessary evidence gathered. We have also helped them to calculate the amount of compensation that is appropriate to claim.

If you believe that you have suffered an injury as a result of clinical negligence and are unsure on how to take things forward then please get in touch to discuss your circumstances and we will advise you on the strength of your case and help you with your preparation for claiming compensation. You can free phone Mark Reynolds on 0800 002 9577 to speak to an adviser or fill in the contact form opposite and we will get back to you as soon as possible.

Why accident victims shouldn’t accept an offer before speaking to a lawyer first

Around three million people are injured in accidents every year. Not all of them lead to compensation claims but those that do can sometimes leave the injured party under-compensated. This is because many people who do get injured take the very first offer that the insurance company offers them, without seeking legal advice.

The first offer from an insurance company will always be the lowest offer and accident victims are often tempted to take the offer to avoid the hassle of going to court and making a claim.

settlement

At Mark Reynolds Solicitors we always recommend that you get legal advice first. The first offer made by the insurance company will not take into account all the loss of earnings that you may incur or the expenses and future losses that you may face. It may also be the case that the full extent of your injuries are not yet known so it would be a mistake to not get the appropriate medical advice first before progressing.

If you have to take significant time off work because of an accident it can be tempting to take the first offer you’re given so that you know you’ve got a bit of money to fall back on. However, it pays to be patient and to discuss the full ramifications of your case with a legal adviser. Accident victims that seek legal advice are likely to receive two or three times more compensation than the original offer so it’s definitely worth pursuing your claim.

At Mark Reynolds Solicitors we will listen to the circumstances of your case in detail and help you prepare everything you need to make a viable claim. You can be rest assured that we will take into account the full impact of your injury and how it has affected you so that you can receive the compensation you deserve. Feel free to call one of our offices in Leigh, Liverpool, Runcorn or Warrington to discuss or book an appointment.

Cycling Accident Claims: What you need to know

Statistics have shown that every 30 seconds someone in the world is killed in a road accident. Over the years this figure has drastically risen through the greater use and accessibility of vehicles and the increased number of people now cycling. The severity of the injuries vary but they still occur on a daily basis which is why cycle safety is imperative for both drivers and cyclists. Cyclists have very little protection of the roads and are extremely vulnerable in the event of a collision. For this reason knowledge of the legal protection available for cyclists is becoming increasingly important.

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Generally people believe they have a good understanding of what would class as an ‘accident’ but the distinction can often be blurred, meaning that the exact circumstance of each case must be thoroughly looked into. Many suggest that if an ordinary person who witnessed the incident would class it as an accident then that is the distinction but unfortunately as it stands a satisfactory definition of the word is not easy to provide.

Therefore with the definition being somewhat unclear, it leaves a very broad scope for litigation concerning any injuries. Legally, in states in The Road Traffic Act of 1988 that an accident has occurred if injury is caused to any party or damage has been caused to a vehicle, animals and property. This acts covers all means of transports from public and private transport.

In terms of what needs to be proved, for a cyclist to have a personal injury claim certain aspects must be established before any compensation can be awarded. These elements consist of:

  • Identifying that there was in fact a duty of care owed by the party that caused the injury to the injured party. The duty of care is defined as an obligation that everyone has to not do anything that can foreseeably cause harm to another person.
  • The party that caused the injury failed to observe and carry out this duty of care. This can be difficult to prove but will generally need photographs, damage to the bicycle, medical report and police/ eye witness statements.

At Mark Reynolds Solicitors you can speak to one of our friendly advisers who can offer free advice into the claims process and how much potential compensation you could be entitled to if you have been involved in a cycling accident. Feel free to call one of our offices in Leigh, Liverpool, Runcorn or Warrington to discuss or book an appointment.

hospital medical ward

Clinical Negligence in the News

The NHS has announced major incidents within a number of their hospitals across the UK. These major incidents, caused by mounting pressures on NHS staff, lead to an increase in clinical negligence, as understaffed departments struggle to cope with increasing patient demands.

What Is a Major Incident?
Hospitals declare a major incident when they are finding it difficult to provide sufficient levels of care to their patients. This usually happens when demand is exceptionally high, or levels of staff are unusually low.

The measure enables them to seek extra help from outside their own hospital. For example, extra nurses may be brought in from another NHS authority. Once a major incident has been declared, the hospital are authorised to limit the flow of patients into the hospital. Routine operations and non-urgent outpatient appointments are often rescheduled, ensuring sufficient beds are available to patients who arrive at the hospital as a matter of urgency.

Which Hospitals Have Been Affected?
According to the news, major incidents have recently been declared in a number of hospitals across the UK, including the following locations:
• Gloucestershire
• North Yorkshire
• Surrey
• Staffordshire

What is Clinical Negligence?
Clinical negligence arises when medical professionals fail to provide adequate levels of care to their patients. When NHS services are stretched, particularly when they are understaffed or the demand increases, mistakes are more likely to occur. These mistakes can be relatively minor, but, in some cases, can significantly impact the life of the patient involved.

There are many types of clinical negligence that may arise. When hospitals declare a major incident, and routine appointments are delayed, this means diagnoses of major illnesses are often delayed. In some cases this is fatal, as the delay reduces the amount of time available for treatment as the illness progresses.

Clinical Medical Negligence Mark Reynolds Solicitors

Accidents at Work: How Compensation Can Help

Every year thousands of workers are injured in accidents at work. In 2013 in the UK alone, 78,000 workers experienced a workplace injury and over one million workers suffered from a work-related illness. If you’ve had an accident at work or suffered from a work-related illness, find out how compensation could help you.

Why You Should Seek Help

Injuries and work-related illnesses can have a severe impact on you and your family’s life. In addition to experiencing pain and suffering, you may also find there are real financial consequences. Lost earnings, the cost of medical treatment and other related expenses soon add up, and you may find yourself seriously out of pocket. In such circumstances, compensation can really help. Not only will it ease the financial burden of an injury or illness, but it can help to take away the stress and worry too.

Claiming Compensation

In the workplace, your employer has a duty of care for your health, safety and welfare. This means they must ensure that your working environment is safe and that you’re protected from injury and illness. If you have suffered as a result of a workplace injury or illness that was not your fault, you may have a case for compensation.

Who Can Claim and For What?

It’s important to note this duty of care applies to you regardless of your employment status. So even if you’re self-employed or a casual worker you still have the right to make a claim for compensation. Work-related injuries and illnesses take many forms and are caused by many things. From inadequate staff training to exposure to faulty equipment, if your injury or illness was caused by your working environment you could have a claim for compensation.

To find out more about making a claim for compensation, call us at Mark Reynolds Solicitors. Remember we’re here to help you.

Accident claim

What steps should you take when making a work accident claim?

Suffering an accident at work can be very traumatic and if it leads to making an accident claim then it pays to do things by the book so that your case is a strong one. In the event of an accident, here’s a quick checklist of actions you need to take:

  1. Report the accident to your employer – it sounds obvious but lots of accidents happen every year without this being done properly. The accident should be reported to the person who looks after health and safety matters in the company and if you don’t know who that is, then ask your manager. Ensure that the accident gets reported in the employer’s accident book. Your employer is legally obliged to have an accident book.
  1. Seek medical attention – whether your accident requires the attention of your GP, a visit to casualty, or a visit to a medical specialist you should always ensure you seek medical attention even if you don’t think your injuries are that serious. Problems can escalate with injuries so it pays to get attention and in doing so; a medical record will be kept which may be important later.
  1. Obtain witnesses – if your accident was witnessed by anybody then make sure you obtain their names and contact details. Evidence may be required later from any witnesses to your accident.
  1. Photographs – it always helps if you can take photographs of where the accident happened and especially take photos of what may have caused the accident.
  1. Keep your own record – this is always good practice. Keep your own written record of what’s taken place including tools and equipment you were using, the specific job you were doing at the time of the accident and your job responsibilities in general. This will help your memory later and it will definitely help your solicitor if you intend to take matters further.
  1. Never admit fault or settle without legal advice – employers may want to settle with you to avoid court action. You should always seek advice first from a solicitor and don’t admit any fault because this will damage your case.

For more advice about filing an accident claim at work and to discuss your case with us, then please get in touch.