Wrigley Claydon Solicitors

Category: Personal Injury

  • Dental Negligence Claim

    Dental Negligence Claim

    As with any medical matter we expect professional standards of care from our dentists, but, as with healthcare, some of us are unfortunately subject to dental negligence.

    Dental negligence can be extremely serious, whether it’s owing to accidental damage, unintended tooth loss or failure to recognise symptoms of gum disease or other oral health concerns.

    If you’ve experienced what you feel was substandard or inadequate treatment from a dentist, you might have some questions about making a claim. Rest assured, as with other clinical negligence claims, there are laws in place to prevent dental negligence which serve to protect your rights and aid you in making your claim.

    The most common causes of dental negligence include:

    Gum Disease

    If you’ve been making regular visits to your dentist for a number of years and your gum disease has not been recognised or has not been correctly treated, you might be entitled to launch a claim for compensation.

    The consequences of mistreating gum disease can be severe. When insufficiently treated gum disease can have lasting effects on oral health; it is also likely to be very painful, time-consuming and expensive to rectify.

    Tooth Extraction

    Extracting teeth can cause damage, usually to the surrounding teeth, gums or nerves. In most cases the damage will be minor and will not be deemed worthy of compensation, however in more severe cases, particularly in those that leave you needing follow up treatments as an unintended consequence, compensation may be deserved.

    If you’ve had the wrong tooth removed and require a replacement, you will most likely be able to make a claim.

    In most cases the particulars of the claim will determine its likelihood of success, if you’re unsure whether you’ve been subject to dental negligence, we might be able to help clarify matters.

    Misinformation

    One of the most common causes of dental negligence is poor communication about the range of treatments available. Part of the duty of care for dentists is to clearly lay out all of the options that you have to treat a problem; while some treatments may offer better results they may not be right for you and may even be more expensive. If you’ve been told that you only have one option when this is not true, you may be entitled to compensation.

    If you’re concerned you may have been the victim of legitimate dental malpractice, or even if you’re not sure, and you think you would like to make a claim for compensation, give us a call on 0161 785 3534.
    Our experienced team will be able to talk you through everything you need to know.
  • Occupier’s liability

    Occupier’s liability

    As a landowner it’s important to understand, and take into consideration, occupier’s liability. As an occupier of a home or land, you have a duty of care towards those who visit your property. Indeed, as a visitor, you may deserve compensation for injuries caused on someone else’s land that were not your fault.

    At Wrigley Claydon, we were proud to recently win a case of occupier liability. Our client was badly injured on a broken sign positioned on the defendant’s land. Due to the positioning of the sign, the client sustained both head and facial injuries, which as well as causing them great pain also had potential to scar. We were passionate about this case, and ensured that justice was served. Our client received £1,000 and luckily the injury healed healthily within three weeks, leaving no scar.

    We understand that care for those with injuries can be expensive, as well an emotional struggle for the victim and their family. While, of course, accidents happen, it is important to evaluate errors made and be aware of paying out for things which could have been avoided with due care and attention. By law, property owners have a duty of care towards those who visit their land, and accidents caused by the defective or dangerous condition of the premises should not be left to the victim to finance.

    If you believe you are entitled to claim compensation, the first step is to hire an experienced lawyer. They will talk you through the best course of action and advise you on various ways of funding your claim. At Wrigley Claydon, we have over 30 years experience of helping clients receive the compensation they deserve following accidents where they have suffered personal injury or financial loss.

    To speak to a personal injury solicitor about a possible claim call us today on 0161 785 3534 or contact us via our website.

  • Injury Claims with Solicitors not Salesmen

    Injury Claims with Solicitors not Salesmen

    Solicitors have spent years training in preparation to give help and advice to their clients at what is often a critical and potentially stressful time in their life. At such times one does not merely need a professional service on injury claims, but kindness and compassion too.
    A solicitor is someone one can depend on, someone that’s there for you throughout.

    Traditionally, clients wishing to make a Personal Injury Compensation Claim would spend time asking friends and relatives to recommend a “good solicitor” to approach and confide in. In turn, as recognised authorities working in the community, solicitors comfortably relied on their hard earned reputations and had no need to spend time on advertising their skills.

    However, in the late 1990’s, when “No Win No Fee” injury claims emerged and became popular, many companies called “Claims Management Companies” spied a gap in the market – that injured people needed a solicitor but solicitors did not take an aggressive approach in marketing themselves.

    Injury Claims management companies were able to establish themselves as the “middlemen”, positioning themselves and their services between the injured person and the solicitor. In order to profit, the claims management company relied on enlisting a finder’s fee – effectively selling claims to solicitors.

    In order to grow, these companies extended widespread marketing strategies with much effect; you will no doubt be lugubriously familiar with one of the many persistent television and radio campaigns that have been running for more than a decade now.

    However, thankfully, as of the 1st April 2013, due to a change in the law, injury claims companies are no longer permitted to sell cases to solicitors; meaning that the reputation of a solicitor may once again speak for itself beyond the noise of marketing. This has resulted in a reduction of more than 20% of claims management companies in the space of 3 months.

    People who have experienced an injury and make a claim may once again rely on the recommendation of their friends and family and seek out the most competent, experienced Injury Lawyer with a proven track record to handle their case, without being encouraged to go through impersonal, profit driven “middlemen” who see injuries as commodities to be auctioned to the highest bidder.

    If you’ve had an injury, and want to make a claim,  seek support from those you can rely on.
    For a name you can trust that has stood the test of time, call Wrigley Claydon on 0161 785 3534.
  • Compensation for Injured Feelings?

    Compensation for Injured Feelings?

    When it comes to an injury compensation claim, it’s not always about physical injuries. In many cases the mental trauma following an incident is cause for a claim in itself.

    In ordinary circumstances, a disabled person who had suffered emotional injury following discrimination would likely have a viable Injury Compensation Claim to make, however this is not always the case.

    In 2011 a high court ruling rejected two Injury Compensation Claims that were launched following mistreatment while flying.

    In each case the claimant was disabled and felt they had been treated unfairly by their respective airlines. Both had made arrangements with the airlines, prior to flying, for suitable provisions to be made in recognition of personal needs of care.

    Both claimants had been assured they would be seated with their travelling partners, including family members and personal carers, but in both cases such measures were not taken and the claimants were told that nothing could be done.

    In each case the courts ruled that the claimants had been subject to discrimination. Ordinarily this would be considered a substantial basis for a compensation claim, in line with UK and EU law. However, cases involving air travel are covered by another, contradictory law, the Montreal Convention; a piece of international legislation specifically covering air travel, that stipulates that compensation may only be awarded for physical injury or damage to or loss of baggage – thus rendering discrimination rulings redundant.

    The Equality and Human Rights Commission, which supported the claimants, contested the rulings, saying,#

    “Our submission is that the Montreal Convention has to be construed to conform with Union law obligations and not the other way around and thus cannot be used to trump or read down either the provisions of the EC Air Regulation or the UK Regulations.”

    With over 30 years in handling people’s claims for personal injury compensation, Wrigley Claydon is a name you can trust. To see what you can claim for, click here.
    If you are thinking about making an Injury Compensation Claim, call us on 0161 785 3534.

    Team: Vijay Srivastava and Shalish Mehta

  • Work Accident Compensation Claims, Concerns about Claiming Against Your Employer?

    Work Accident Compensation Claims, Concerns about Claiming Against Your Employer?

    If you have an accident at work, you may naturally have some concerns about making a claim. When it comes to working we tend to avoid ‘rocking the boat’.  Making a claim against your employer might, on the face of it, seem like a big blunder.

    So When Are Work Accident Compensation Claims OK?

    Unlike with most personal injury claims, this is against someone you actually know and that you see on a daily basis; but this shouldn’t put you off. In actual fact it’s one of the main reasons to make a claim.

    Firstly, it’s important to remember that your employer will have insurance in place to deal with cases like this and that any compensation you receive will not be coming straight out of your employer’s pocket.

    Accidents do happen, despite our best efforts to avoid them, and in the aftermath it’s extremely important to look closely at where errors are made. The main point of a personal injury claim is to carefully review the cause of a problem and to determine the true cost of its consequences.

    Through the process of a claim we can establish exactly what went wrong and how – this is directly in the interest of any employer. While it’s tempting to brush mistakes under the carpet it’s certainly not practical; in doing so we fail to fully address the nature of the problem and, in turn, full responsibility can’t be taken for it.

    By seeking the appropriate cost for damages, including loss of earnings, the employer can then fully establish the seriousness of potential hazards in the work place and can then make a better informed decision about the correct health and safety procedures to implement.

    While you might feel singled out, it’s important to remember that everyone is at risk. By taking the right steps, following an accident, you can help to protect your colleagues and prevent further injuries as well as further damages to your employer.

    If you would like to talk to us about work accident compensation claims, please call 0161 785 3534.
  • Beware of Strangers Bearing Promotional Gifts. Don’t be lured by these Personal Injury Solicitors

    Beware of Strangers Bearing Promotional Gifts. Don’t be lured by these Personal Injury Solicitors

    When it comes to personal injury claims, some personal injury solicitors  offer gifts or cash incentives to people who have been injured in order that they will instruct that particular firm to handle their claim.

    Before you make a decision, it’s worth asking yourself why exactly anyone would need to use promotional gifts to try and lure you in.

    While, on the face of it, it may seem an attractive proposition, it’s worth considering the wisdom of such a decision.

    We understand that you might be tempted by promotional gifts, as anyone would, but when choosing a personal injury solicitor it’s important and advisable not to be distracted from what matters. Effective legal work does not rest on the back of introductory offers, but on that of hard-working, high-caliber professionals, able to recognise the true value in a claim and ensure that you receive the right amount of compensation.

    A highly regarded, prestigious personal injury solicitor will never have a shortage of potential clients and as such should have no need to reach out for them. Marketing gimmicks are no substitute for genuine expertise and a proven track record of success. As a customer, the reputation of a solicitor is the best barometer you have in determining the right person to handle your claim.

    When it comes to your claim and your compensation, it’s best to turn to a solicitor you know you can trust to represent your interest. You will not go far wrong if you choose a local solicitors office, with a solid reputation for injury work, who can treat your claim on a personal basis.

    Confidence in the competence of your claims handler is incentive in itself. Besides, who even needs a free fountain pen?
    With over 30 years in handling people’s claims for personal compensation, Wrigley Claydon is a name you can trust.
    If you are thinking about making a claim, call us on 0161 785 3534.
  • As accident specialists, we launch personal injury campaign to help claimants receive larger payouts

    As accident specialists, we launch personal injury campaign to help claimants receive larger payouts

    We have launched a campaign to encourage people to instruct a solicitor when making a personal injury claim. This is prevent the growing number of people who are settling their claims for much less than they are worth.

    If an injured person uses a solicitor and wins their case, the insurance company will have to pay the compensation to the injured person and the costs of their solicitor. Many insurance companies have been trying to prevent the injured person instructing a solicitor who is an accident specialist, so that the insurance company saves money by paying less compensation and not having to pay the solicitor.

    Litigation and Personal Injury solicitor and accident specialist Vijay Srivastava explains,

    “When a road accident occurs, people always exchange insurance particulars. This means that the insurance company gets your contact details before there is time to instruct a solicitor. When the insurance company recognises that their customer is at fault, they then contact the injured person directly to offer for example to repair their car, arrange for a hire car and pay them immediate compensation (without getting any medical evidence to confirm the extent or the long-lasting effects of the injury), typically in the sum of £1000.”

    Settling straight away can be tempting to the injured person because it is a quick fix, without much hassle and inconvenience, but in many cases the injured person is doing themselves a huge disservice. The reality is that most of these injured people are settling their claims for less than they are worth. Firstly the injured person doesn’t know how much their claim is truly worth (because they are not experts) and secondly the way the courts value compensation based on what your injury is and the longer you have been suffering the larger your claim. Settling your claim on day one generally means you have settled at an undervalue. By not getting any medical evidence you simply don’t know what your injuries are, how long you are going to be suffering for, whether there are going to be any long-term effects and consequently you don’t know how much your claim is worth.

    Always speak to an ‘Accident Specialist’

    Vijay comments,

    “We are currently running a case where an insurance company offered £1000 to our client. Our client refused to accept this amount and instructed us. We value the claim in excess of £20,000. We have another case where the insurance company offered our client £1000. He did not accept that amount but instead instructed us. We value the case in excess of £50,000 and consequently the insurance company has now increased their offer to £10,000. We are also dealing with a case where our client was offered £1000. He did not accept it and instructed us. Our investigation of his medical condition and the obtaining of the appropriate medical reports (including a report from a neurologist) showed that the accident had caused damage to blood vessels leading to his head which now cause him dizziness. He has a manual job which involves a lot of bending, consequently he is unable to perform his job any more. His claim will be worth significantly more than £1000.”

    For more information or to speak to one of our accident specialists about a possible claim please call us on  0161 785 3534.

    Team: Vijay Srivastava and Shalish Mehta

  • Traffic Accident Compensation

    Traffic Accident CompensationPrime Minister, David Cameron says that he wants to reduce car insurance premiums by putting an end to the traffic accident compensation culture.

    Consultation was launched last year after figures revealed a 60 per cent increase in the number of personal injury claims related to road accidents since 2006. Whiplash claims in 2010 are estimated to have cost £2 billion, or £90 per car insurance policy.

    Justice Secretary Chris Grayling said,

    “The UK’s growing traffic accident compensation culture has been pushing up the cost of insurance, making it more costly to drive a car or organise events. It’s time the whole system was rebalanced.”

    Wrigley Claydon Partner, Vijay Srivastava heads up the Litigation team where he has worked for over 20 years, amassing a wealth of experience. Many years ago, Vijay was appointed to the Law Society Personal Injury Solicitor Panel as a specialist in injury claims.

    His Comment on Traffic Accident Compensation:-

    As a car driver himself, Vijay accepts that car insurance premiums have risen considerably and he welcomes anything that can be done by the insurance companies to reduce those premiums.  However if you were involved in a car accident and for example fractured your leg, just consider whether you would be able to walk, bathe, drive, work, shop, dress, cook, look after your family, play sport or sleep comfortably.  The reality is that you would struggle to do all of these things.  In those circumstances isn’t it right that the innocent party is compensated for the pain and suffering that has been caused by the negligence of another party and in those circumstances is it not right that an Insurance Company that has collected premiums from the negligent party should pay out an appropriate amount of money to reflect the pain and suffering you have undergone?

    For more information about traffic accident claims or to speak to our team about a possible claim please call us on 0161 785 3534.

    Team: Vijay Srivastava and Shalish Mehta

  • Personal Injury Claims, Occupiers Liability

    Occupiers Liability requires that the person (an individual, an organisation) in possession of premises owes a duty of care to those who come on the premises and must take reasonable care to protect them from harm that might come through their programs, on their premises or at the hands of a third party on the premises.

    If for example you slip in a Restaurant you can bring a claim because the owner of the Restaurant (the occupier) has a duty to make sure you are reasonably safe whilst visiting their premises.

    These claims cover accidents where you have been allowed to enter a building or land which is owned by someone else. Whilst in the building or on the land you are then injured due to something they have done (for example – left an obstacle in the way that you tripped over) or something they have not done (for example failing to put a handrail on the staircase).

    Occupiers Liability  Case Study 1

    Our Client fell down the unsafe stairs in her flat and through a glass panel. She suffered a pelvic injury, cracked ribs, cuts and bruises to her face and depression.

    We successfully recovered £18,250 compensation for her pain and suffering and a further £3,250 for her out of pocket expenses.

    Notes:

    Some buildings are just unsafe, and a landlord can be liable for any injury caused.

    It cost our Client nothing to pursue the case. Nor was she at risk. We bought insurance to cover her potential liability to the defendants if she lost, and the risk born by us of losing was covered by a sum added to the costs paid by the defendant.

    (The value of the compensation claim was correct at the time of settlement. The value would be higher if settled today).

    Occupiers Liability  Case Study 2

    The Claimant was having lunch at a local supermarket cafeteria when she was struck by a shard of material from a piece of crockery which had fallen from an overloaded tray being carried by an employee of the supermarket. The shard struck the Claimant to the rear of her right heal causing a wound and significant bleeding.

    She was taken to Casualty where her wound was cleaned and five stitches where inserted. X-rays confirmed that there were no further foreign bodies left in the wound.

    The stitches were removed seven days later but after that the wound split open and was infected. Paper stitches were applied and antibiotics prescribed.

    As a result of the accident her sleep was disturbed and she experienced a significant lack of mobility.

    The medical report confirmed that due to the lack of mobility she was experiencing stiffness in both legs and having to use a stick to get about. Accordingly a short course of physiotherapy was arranged. The Claimant’s symptoms resolved fully within twelve months.

    The Claim was settled for £3,000.00 compensation for the accident claim.

    (The value of the compensation claim was correct at the time of settlement. The value would be higher if settled today).

    For more information or to speak to our team about a possible claim please call us on 0161 785 3534.

    Team: Vijay Srivastava and Shalish Mehta

  • Medical Negligence Claim

    If you have been unlucky enough to suffer from medical negligence the results can obviously be catastrophic, ranging from minor inconvenience to death.

    Medical negligence occurs when you have suffered unduly from the malpractice of a medical practitioner which can come in the form of things like misdiagnosis, wrong treatment, clinical malpractice, botched surgery, and a host of other negligent practices.

    Usually when the term ‘medical negligence’ is used; most people think a doctor is at fault however, medical negligence stretches across healthcare professionals such as nurses and dentists.

    Dental negligence is considered if there is irreparable damage or injury to the gum and teeth sustained as a result of a misdiagnosis or botched dental procedures.

    But what do you do if you think you have a dentist malpractice claim?

    The next step is to decide whether you wish to make a case of your complaint. You may think that accountability needs to be forced home; you may hope for the same malpractice never to happen again, and you may feel rightly entitled to some form of monetary pay out for your discomfort.

    You can receive information on whether to pursue a medical and dental negligence claim from a reliable solicitor’s office and you will find a host of these on the net. Particularly useful are sites that guide you through the legal process as this takes away some of the trepidation inherent in making a legal claim.

    Look for decent accredited solicitors which are privy to medical expertise and have experience in the area of law you are pursuing. The solicitor will firstly take the information of your potential claim and tell you if you should proceed.

    If so, you and your solicitor will then construct your medical negligence claim with any diaries or records as well as your official medical records. This claim will be sent to the defendant and they will decide whether to refute the claim or offer an out of court settlement.

    Some medical negligence claims will be decided this way and others will be decided in a court of law.

    For more information or to speak to our team about a possible claim please call us on 0161 785 3534.

    Team: Vijay Srivastava and Shalish Mehta