Wrigley Claydon Solicitors

Tag: personal injury

  • Claiming for personal injury abroad

    Claiming for personal injury abroad

    It’s the time of year when people across the country begin looking forward to summer and booking trips abroad. However, for some, the enjoyment is cut short due to personal injury. Accidents can happen anywhere – you wouldn’t accept it at home and you don’t have to accept it abroad.

    If you have suffered personal injury abroad you could entitled to compensation for loss of enjoyment, out of pocket expenses (such as medical or transport costs) or even loss of earnings if your injury is severe enough to affect your ability to work. But in what circumstances are you eligible to claim?

    A United Kingdom personal injury solicitor will usually only deal with a claim against another UK-based company. As a result, claims are usually against the package holiday company or travel agent. This covers circumstances such as accidents on hotel grounds, food poisoning at hotel restaurants or accidents caused in public spaces on excursions organised by the travel company. There are also certain grey areas which may be considered more difficult cases such as organised water sports, accidents on public transport or accidents on holiday which weren’t booked through an agent. However, it is always advised to contact a personal injury solicitor for a consultation in these circumstances, as injury can have a serious emotional and financial impact on the victim and their family, which shouldn’t be taken lightly.

    While your thoughts may be elsewhere after suffering a painful accident, there are several procedures that you can complete following an injury which will ensure maximum success during your case. It is recommended that you report your accident to your travel representative at the time, rather than waiting until you return home. It is also essential to record your injury in the appropriate accident book or log so there is a permanent record of the date, time and details of the incident. Taking names and addresses of witnesses can also help, along with photos of the environment or cause of the incident. Retaining any documentation from the hospital including receipts is also useful.

    Personal injury can happen anywhere and the fact that an accident has happened abroad rather than at home is no reason to ignore it. If an injury has affected your enjoyment of the trip you have paid for, cost you money or made you take time off work, you could have grounds for a claim and deserve to be recompensed for your time or costs wasted.

    At Wrigley Claydon, our team of personal injury solicitors can assess the problem and fight for the justice you deserve, as well as hopefully ensuring that any hazards are rectified, reducing the risk of injury in the future. Contact us today on 0161 624 6811 or send us an email on info@wrigleyclaydon.com.
  • Wrigley Claydon tackles personal injury at work

    Wrigley Claydon tackles personal injury at work

     

    Our client was working for a building company on site. Failing to recognise the vital importance of health and safety on a building site, their co-workers did not organise the site as they had been instructed to do by the company, creating a hazardous environment. A piece of building material was left in the way, and our client tripped and fell, causing painful back injuries.

    We successfully recovered £61,000 for our client.

    Making a claim against your employer may seem nerve-wracking. Many fear losing their job or ruining a working relationship. However in a case like this one, the injury was incredibly severe and our client deserved compensation. Injury to the back makes it very difficult to work, especially in the building trade. This can take its toll both on the injured person’s finances and their personal life.

    Ensuring that employees are safe in their working environment is essential in all industries, however on a job where dangerous tools, heavy materials and unstable structures are present, health and safety protocol needs to be followed to the letter. In a case such as this one, where workers did not follow instructions precisely, it can create unnecessary dangers with very unpleasant outcomes.

    As a building or construction site worker, you have certain rights regarding health and safety, and employers have a responsibility to ensure that the site is as safe as possible. This involves carrying out risk assessments, consistently maintaining structures such as scaffolds or hoists and keeping the workplace in a safe and tidy condition.

    If you have suffered a personal injury at work due to the negligence or unsafe actions of others, be sure to contact Wrigley Claydon. Our team of personal injury solicitors can assess the problem – making sure that not only are you compensated for any physical or financial damage caused by the accident, but that any hazards are rectified, creating a safer working environment for others and hopefully preventing any further injuries.

    Contact us today with any queries on 0161 785 3534 or use our contact form and we can review the details of your case.
  • Wrigley Claydon’s latest successful occupier’s liability case

    Wrigley Claydon’s latest successful occupier’s liability case

    In this recent case, our client was walking down some outdoor stairs which were not structurally sound. When one of the flagstones which made up the steps moved, our client lost their footing and sustained a painful injury to the foot and ankle.

    We successfully recovered £14,100 for our client.

    When you suffer from a painful fall, it is important to question who is really at fault. In this case, the defendant had not properly maintained their outdoor stairs, which was therefore a health and safety hazard for anyone who used them. Our client’s injury was of no fault of their own and while it would have been easy to put it down to clumsiness and forget all about it, landowners have a responsibility to ensure their property is as safe for everyone as possible.

    Personal injury does not only affect the injured party. Someone who has suffered an injury may not be able to work, making paying bills and rent difficult, and possibly putting strain on the family. As well as financial difficulties, injury can  be an emotional struggle for the victim and their family, especially when it comes to more severe injuries, such as damage to the spine or head.

    Accidents happen, but in case like this one, it didn’t have to. Occupier’s liability covers a wide range of avoidable injury, and hazards on land or property belonging to homeowners, tenants, shopkeepers, hotel owners and farmers all fall under this category. If somebody is inviting you into their building or onto their land, it is their responsibility to remove or clearly signpost any possible risks.

    Whether your injury is big or small, if you think that you have grounds to make an occupier’s liability claim following an accident that could have been avoided, get in touch with Wrigley Claydon today. Call us on 0161 785 3534 or use our contact form and we can review the details of your case.
  • 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