Tag: claim

  • 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.

  • 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.
  • Top Tips to Commercial Debt Recovery

    Top Tips to Commercial Debt Recovery

    Top Tips to Commercial Debt Recovery
    1. Identify and know your customer
    2. Provide clear terms and conditions for payment
    3. Set an appropriate credit limit
    4. Ensure invoices are accurate and delivered promptly
    5. Provide simple and efficient payment methods
    6. Have a set procedure for chasing late payment
    7. Pick up the phone and be proactive
    8. Resolve genuine problems
    9. Keep a paper trail
    10. Consider Wrigley Claydon’s specialist debt recovery department
    What Our Clients Say About Our Commercial Debt Recovery Services

    “Shalish Mehta is always successful at claiming money back on the Company’s behalf. Once I have passed my notes onto Shalish he completely takes charge of the facts. His experience gives me great confidence. He has had different issues to deal with on behalf of our Company, all very different, and has approached them very enthusiastically and professionally.

    I would highly recommend Shalish Mehta and Wrigley Claydon to any individual or Company requiring services to collect outstanding payments. His expertise in the field of debt recuperation is exceptional. His service is an asset to support any company.”

    Lesley Pollit – Director of Cosy Toes Nursery Limited – Client

    For more information or to speak to our team about our commercial debt recovery services  please call us on  0161 624 6811

    Team: Vijay Srivastava and Shalish Mehta

  • 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

  • What is Civil Litigation?

    Oldham SolicitorsThis area of law revolves around the resolution of disputes. The disputes can be between individuals, families or commercial organisations.

    Civil litigation is a legal dispute where one party is seeking money damages or specific performance rather than criminal sanctions.

    Whether you are a business or an individual unfortunately disputes do arise and debts remain unpaid.

    The Civil Procedure Rules allow an opportunity for resolving disputes without going to court. If court proceedings have to be issued our solicitors competently and systematically deal with the considerable paper work and procedural issues within the Litigation process to bring the case to trial whilst always looking for ways to strengthen the case both evidentially and tactically as well as negotiating; thinking laterally to explore avenues to resolve the case, narrow the issues or avoid a costly trial.

    The cases Wrigley Claydon, your Todmorden and Oldham Solicitors can help you with:

    • Breach of Contract

    • Property Disrepair Claims

    • Defective Goods and Services Claims

    • Construction and Building Disputes

    • Unpaid Invoices and Debt Liability

    • Professional Negligence Claims

    • Landlord and Tenant

    • Intellectual Property

    • Defamation and Libel

    • Neighbour and Boundary Disputes

    • Property Litigation

    • Wills and Probate Claims

    • Partnership Disputes

    • Business Lease Renewals

    We have solicitors both at our Todmorden and Oldham offices who specialise in civil litigation. They work efficiently and methodically, gathering evidence early, analysing the issues involved and advising on the cost effective way of resolving the dispute.

    Throughout this whole procedure we constantly try to support our clients to the best of our ability knowing you are experiencing a challenging and often frustrating time in your life.

    As your Todmorden and Oldham Solicitors we strive to provide a high quality legal service to the people and businesses of our area and wider community.