Archive for the ‘Compensation Claims’ Category

Work Accident Claim: Barristers Opinion On Compensation Amounts For Serious Injury

Thursday, June 30th, 2011

UK work accident solicitor explains the importance of a barrister’s opinion in high value serious injury claims – including spiral fractures of wrist, forearm, elbow injuries

Work accident victim question

I am a machine operator at my work place and I was asked to operate a press machine in a factory in Coventry that I am not familiar with.

The press machine should have a guard on to prevent a worker’s arm from being trapped in the machine. I was unaware of this and whilst I was operating the machine my arm became trapped breaking my wrist, forearm and elbow.

I suffered a spiral fracture and I’ve had I rod inserted in to my arm and may never regain the normal function.

I have been off work for over a year and have only been in receipt of statutory sick pay.

I have a work accident solicitor acting in my claim and an offer has been made for a few thousand pounds. My solicitor is not telling me how much my claim should be worth and is putting me under pressure to give instructions on this offer.

I am uncertain as to what to do as I do wish to settle my claim but an offer of a few thousand pounds clearly seems too little.

Please can you explain how I will know how much my claim is worth.

Work accident solicitor response

It is difficult for me to quantify how much compensation you should receive, but clearly for a spiral fracture injury to the wrist, elbow and forearm you have described plus the potential future lost income – your claim would be worth substantially more than a few thousand pounds.

Nonetheless I do not think it would be a good idea at this early stage to attempt to change solicitors as your current solicitor has the advantage of your full file of papers which may shed some light as to why there is a conservative estimate for the amount of compensation you could receive for your wrist, forearm and elbow injuries.

I suggest the best approach is to speak to the lawyer who is acting on your behalf and have that solicitor request a barrister’s opinion on quantum (on how much your claim is worth).

Albeit the barrister is instructed by your solicitor – this barrister is a specialist lawyer who will provide an independent assessment as to how much your claim is worth and any additional evidence your solicitor should obtain to support claiming more compensation on your behalf.

Click the compensation claim advice to see the page I have written explaining the assistance a barrister can provide:

Please note the page I have provided relates to a road traffic accident but is equally applicable to your work accident.

Should you wish to discuss your claim with me directly or consider instructing another specialist work accident solicitor to correctly quantify your wrist, forearm and elbow spiral fracture injury – click work accident claims solicitor.

Prove Medical Causation As A Matter Of Law In Personal Injury Claims

Saturday, April 2nd, 2011

UK personal injury solicitor explains why you must prove that your injuries were caused by the negligence of another to win your compensation claim – known as the causation principle

To win a claim for compensation an accident victim must show that the negligence of another caused injuries.

Medical causation is proved typically by your solicitor instructing a medical expert to complete a report after a review of your GP and hospital notes.

It will be necessary for you to complete an authority to give your permission for the release of your GP and hospital notes, which will then be obtained by your lawyer and sent by your solicitor to the medical expert.

These should be your full set of notes both prior to and following your accident.

The medical evidence is essential to prove causation of your injury by an accident and to show that the injury did not pre-exist prior to your accident taking place.

The medical expert will examine your GP and hospital notes for relevant entries, examine you to determine your current injury, discuss previous symptoms and provide a prognosis as to the future.

A prognosis – is the medical expert’s opinion as to what your future holds for recovery and how long you might suffer any on going symptoms.

This medical report combined with your original GP and hospital notes will be the primary evidence used to prove medical causation – in other words that your injuries were caused as a matter of law by the accident for which you hold some at fault for causing.

Take for example a road traffic accident.

Imagine you are at a set of lights in your car when unexpectedly you are hit from behind by another car. You suffer injury to your neck due to the violence of the collision and are taken immediately to hospital and are diagnosed with whiplash.

Your solicitor will instruct an orthopaedic medical expert to complete a report . That expert will look at your hospital notes to see that you reported the accident and what you were diagnosed with; he will check your GP notes to see if you have had neck problems prior to the accident and to see the treatment you have received: he may perform a scan or x ray to see if any vertebrae have been damaged or any degenerative spinal problems exist. You will be examined and a report will be completed showing the degree of whiplash you have suffered, how long it will take you to recover from your injuries and to show that the types of injury you have was caused by the car accident.

This medical report will then be used to prove causation – your whiplash injuries were caused by the accident you suffered.

To see how much compensation you can claim for whiplash or other injuries click how much UK injury compensation

Manchester Personal Injury Solicitor Free UK Online Legal Help To Claim Compensation

Thursday, February 10th, 2011

Call 0161 8346776 to speak to Kevin Bolton Solicitor in person for free legal help with your accident claim or go to www.accident-claim-expert.co.uk for a free online assessment

Personal injury victim question

Is there a specialist personal injury and accident claim solicitor I can contact online or can call in person to obtain free legal help to decide whether I can claim compensation following an accident in the UK?

I am concerned that when I contact a solicitor I will be pressurised into makin a claim or paying large legal fees.

Specialist personal injury solicitor response

I understand that following an accident in which you have suffered a personal injury and psychological trauma you will have a serious dip in confidence and the last thing you wish to do is speak to a solicitor confusing you with legal speak.

I take a very different approach to accident victims who contact me compared to other solicitors. I will help you as best I can with no strings attached.

“Why” – because when I was younger I experienced a significant injury in a road traffic accident so I understand the life changing effect of injuries – however large or small.

I am happy to speak to you in person on my direct dial telephone number 0161 8346776 or you can click Kevin Bolton Solicitor to contact me online to assess your potential accident claim or provide information so that I can respond to any online questions that you have.

I do this day in day out – you can see what other personal injury victims who have contacted me direct have had to say by clicking Accident Victim Testimonials

One thing you should rest assured about is that after you have had my reply in person or by e mail you will know where you stand and can calmly make a decision as to the best way forward – whether it be using a solicitor to make a claim, making your own accident claim or leaving the matter for a time to decide whether to proceed or not.

Although I am based in Manchester city centre I handle claims from all over the UK.