Claiming for a road traffic accident fatality

Sadly, the number of deaths on UK roads is rising despite advances in vehicle safety design and technology. 1,901 people were killed on Britain’s roads in 2010-11 – an increase of 3% on the previous year and the first rise since 2003. Of this figure, the biggest increase was amongst pedestrians, with 12% more killed in 2010-11 than in 2009-10.

The number of deaths amongst car occupants also rose by 6%. Fatalities amongst motorcyclists and cyclists fell, but it’s clear that Britain’s roads are still a dangerous place to be. And if the worst happens to a partner or relative, the statistic becomes irrelevant for those who are left behind.

Of course, a compensation payment can never repair the damage that’s done when you lose a loved one in a road traffic accident. But at a time of pain and distress, knowing you could receive a payout can help ease the burden.

Compensation awards for road traffic accident fatalities can be substantial, removing financial pressures and making life easier in the future. If it can be proved that the accident was someone else’s fault, close relatives are entitled to a statutory bereavement payment currently worth £11,800. You’ll also receive reasonable expenses to cover funeral costs.

A ‘close relative’ could be a spouse or civil partner, child, parent, grandparent or other immediate family member such as a brother, sister, aunt or uncle. Unmarried cohabiting partners and former spouses may also be able to claim.

On top of the main award, an additional dependency claim can be made if the deceased person’s partner, spouse or children were financially dependent on them. This additional award will cover the loss of income resulting from the accident and is especially important if the victim was the main breadwinner.

Start your claim today – contact Injury Lawyers 4U

Injury Lawyers 4U is a national network of specialist personal injury lawyers. We’ve dealt successfully with all kinds of road traffic accident claims including those involving fatalities. Injury Lawyers 4U is here to give you impartial advice about whether your claim is valid and guide you through the claims process every step of the way.

We operate on a ‘no win, no fee’ basis so there’s no risk in asking us to act for you. Call 0845 345 4444 today to speak to an expert legal adviser, or complete the short form on our website and we’ll call you back at a convenient time.

Mesothelioma Bill causes controversy

The government’s Mesothelioma Bill is currently (as of mid June) being discussed in Parliament. However, concerns have been raised that the new legislation will deny hundreds of people access to compensation for other asbestos-related diseases contracted in the workplace.

The Bill will create a payment scheme enabling people to receive compensation for developing Mesothelioma, a form of cancer caused by exposure to asbestos, if the victim’s employer or their insurance company can’t be traced. Up to 3,500 people are expected to benefit.

However, in its current form the Bill will only allow people diagnosed with Mesothelioma after 25 July 2012 to claim under the scheme. It makes no provision for people with other asbestos-related conditions such as asbestosis and pleural thickening, who could end up with no way of getting compensation.

A spokesperson for Injury Lawyers 4U, a national network of personal injury solicitors, commented: ‘If the Mesothelioma Bill is passed as it stands, this is very bad news for anyone diagnosed before the cut-off date, or who develops a different type of asbestos-related condition and then cannot trace their former employer.’

‘It’s a well-known fact that asbestos-related illnesses can take years to develop. In today’s economic climate, companies are selling up or going out of business every day. Our concern is that people who develop illnesses such as asbestosis in, say, five years time when their ex-workplace has disappeared, will be unable to claim compensation – potentially leaving them and their families in dire financial straits.’

Like many MPs and other personal injury firms, Injury Lawyers 4U believe the government must amend the Mesothelioma Bill so people who’ve developed an industrial disease through no fault of their own get the financial compensation they deserve and need.

If the Bill is passed, the new payment scheme could be launched in April 2014. So it’s important that anyone with a potential claim, and who may not be eligible for a payout under the proposed system, takes action now.

Asbestos-related claims are complex and other time limits do apply, such as the requirement that diagnosis took place within the last three years. So it’s essential to seek expert legal advice – and Injury Lawyers 4U are here to help. We work on a genuine ‘no win, no fee’ basis, so there’s nothing to lose by asking us to pursue your claim.

The legal team at Injury Lawyers 4U has wide experience of handling asbestos-related claims. Call today on 0845 345 4444 for honest, expert advice.

Boy wins compensation and fight to clear name

A London student has won a two year battle with the Metropolitan Police to remove inaccurate information about him on police records and enable him to receive criminal injury compensation. Jonathan Fromings, now 17, was injured in a fight at school two years ago, sustaining a broken eye socket and bruising.

The fight was captured on CCTV, clearly showing that Jonathan was attacked first. However, the information entered into police records said that he’d started the fight and included inaccurate details of his injuries. Despite the CCTV evidence, a teacher’s report and a medical report, Jonathan was initially denied criminal injury compensation.

However, his claim was later accepted and he has now been paid £5,720. Following a two year civil action against Met Commissioner Sir Bernard Hogan-Howe, the false information about Jonathan has now been removed from Scotland Yard records.

A spokesperson for personal injury law firm, Injury Lawyers 4U, commented: ‘Criminal injury compensation awards are dealt with by the Criminal Injuries Compensation Authority (CICA) and are subject to strict criteria, such as the victim having to prove they’re blameless for the crime that resulted in the injury. This is why Jonathan’s original compensation claim was rejected. It’s good to see that he’s managed to clear his name and receive the financial award he deserves.’

Criminal injury compensation awards are made on a sliding scale, depending on the severity of the injuries, or the nature of a sexual crime. Claims can be made for all kinds of injuries, including emotional or psychological damage. Family members can also make claims on behalf of relatives who are injured or killed whilst in police custody.

To be valid, claims must relate to crimes carried out in England, Scotland or Wales within the last two years. As well as being blameless for the crime, you must also report it to the police and be able to show that you cooperated with them during their investigations.

If you think you have a valid criminal injury claim, talk to Injury Lawyers 4U. We’re a national network of experienced, specialist personal injury lawyers who work on a genuine ‘no win, no fee’ basis, so there’s nothing to lose by asking our advice. Call today on 0845 345 555 to speak to an expert legal adviser at any time of the day or night.

‘No win, no fee’ explained

‘No win, no fee’ is a term that’s used by thousands of legal providers across the UK. But what does it really mean when it comes to personal injury claims? This article from leading personal injury experts Injury Lawyers 4U explains what it should mean – and warns that not everyone uses it in the same way.

Conditional Fee Agreements (CFAs)

Introduced in 1995, a CFA is the formal term for a ‘no win, no fee’ agreement. CFAs were brought in when personal injury claims became ineligible for legal aid, so people could pursue these claims regardless of their financial circumstances.

A CFA is an agreement between a client and their solicitor. The idea is that if the solicitor doesn’t win the case, then the client doesn’t pay a fee. This means that the client can make their claim with peace of mind knowing that the risk is not theirs, but also that the solicitor will work to gain them the best compensation package that they possibly can.

The benefits of ‘no win, no fee’ agreements

The main benefit to the client is that they can pursue their personal injury claim without risk – there’s nothing to lose if the case doesn’t succeed. And if they win, they won’t have to eat into their compensation award to pay their legal fees.

What’s more, their solicitor will be motivated to do a good job for their client and win the case as if they don’t, they won’t get paid.

The cons: ‘no fee’ doesn’t always mean ‘no cost’

Sometimes, when a case is lost, the client may be liable for the other party’s costs, such as court fees. This stands outside the ‘no win, no fee’ agreement. However, a good solicitor will protect his client against this risk by arranging ‘After Event’ insurance before proceeding with the case.

Choose your ‘no win, no fee’ solicitor with care

Sadly, some personal injury companies don’t follow the rules for ‘no win, no fee’ agreements. They abuse the system by including hidden charges in the services they offer, for example, by taking a percentage of the client’s compensation award, or charging fees when a case is lost.

Don’t be taken in by these unscrupulous providers. Choose a professional, regulated legal provider like Injury Lawyers 4U who offer a genuine ‘no win, no fee’ service. And you’ll have the reassurance of knowing your claim will be handled by experts with years of experience of pursuing successful claims. Call us today on 0333 400 4445.

Typically, customers pay 25% of the amount that is recovered. This can vary and maybe more or less. Termination fees may apply if you fail to co-operate with your lawyer.

What Is ‘No Win No Fee’?

Nowadays, when you read a story in the media about someone who has received a large financial compensation settlement following an accident it often means that they will have taken advantage of a relatively new idea in the British judicial system. This is commonly known as a ‘no win no fee’ arrangement and is something entered into with your legal team.

In the past, people with genuine grounds for a claim against a third party for an illness or injury may well have been unable to carry through their actions due to a lack of finance available to fund the process.

The costs involved in taking any court action can ultimately run into high figure sums, due to the number of people involved and the remuneration that the legal profession demands. However, many successful court actions come accompanied with a ruling that the losing party pays the other parties legal costs and this is where the idea of a no win no fee UK deal originally comes from.

Although some firms will have hidden charges in the small print of the agreement, reputable firms of lawyers such as don’t work in this way, and operate with a ‘No Win No Fee’ basis for your peace of mind.

This arrangement basically means that anyone who may have solid grounds for a claim has no reason to miss out on the opportunity to go some way towards righting a wrong that may have been done to them. If an injury or illness is suffered by someone through no fault of their own and the blame lies with someone else, surely it is reasonable to expect that some form of financial redress will be made?

There are many situations that can give rise to such circumstances, whether it might be the more familiar scenario of a road accident or perhaps a workplace related incident, right through to things such as a sporting injury caused by faulty equipment or a medical negligence claim caused by the mistakes of those caring for you.

Whatever the cause of the injury or the basis of the claim, it is always worth looking into whether or not your case is deemed strong enough to be taken on by a reputable firm on a ‘no win no fee’ basis. It will cost you nothing to have an objective assessment of your case made and any subsequent claim will only proceed if it fits certain criteria whereby the lawyers feel it has a high chance of success.

This means that you do not waste time, money or effort chasing an unlikely outcome when your efforts would be better placed at ensuring your own swift recovery. It also means that if you do indeed have a strong basis for a claim, you can be assured that everything that needs to be done will be undertaken on your behalf by a highly qualified and experienced team.

No Win No Fee Explained

There are often stories in the media that describe the UK as becoming a ‘compensation culture’, and following in the footsteps of a trend that started in the United States of America.

For many years, the USA has been renowned for people taking legal action to claim financial compensation for illness, injury or other personal harm suffered due to the actions of a third party. In the UK, we often pride ourselves on a tradition of having a ‘stiff upper lip’ and not complaining where we feel we may have been wronged. This may be a sensible course of action to take when it comes to small and insignificant matters – but when suffering is involved, it couldn’t be less suitable.

It seems fair that if someone suffers an injury or illness through no fault of their own, whilst taking part in any kind of activity whereby they should reasonably expect their safety not to be in question, that they are able to claim for any suffering. If there is demonstrable blame that can be laid at the door of another, then surely seeking redress is an obligation?

In most cases where such a situation occurs, there is often some form of insurance policy in place. For example, when it comes to a road traffic accident, motor insurance policies, a legal requirement in the UK, will be used. Similarly, workplaces should have some form liability insurance in place to cover injuries or accidents which occur on the premises.

However, there are some cases where the matter needs to be taken further into the judicial system and this is where the USA has led the way in the past; mainly due to the complicated and potentially expensive nature of undertaking court proceedings in the UK.

No win no fee

In recent years, the situation has undergone massive changes with solicitors and lawyers now offering to take on cases on a no win no fee basis. Effectively this has meant that people who might otherwise be unable to pursue a perfectly reasonable claim due to the worry of been left with a large bill at the end of an unsuccessful campaign are now able to move forward without such concerns.

Basically the process works because companies, including Injurylawyers4u will carefully assess the likelihood of success before taking on a case. This has the added advantage of giving the claimant a sense that their case has a solid basis and is not a speculative measure. The basis of the agreement is that the client cannot be charged by the lawyer if their compensation claim is unsuccessful and therefore the lawyer only makes money if they get a positive result.

It is essential to make sure that any such agreement doesn’t have any hidden charges in the small print but this is unlikely to be the case if you use a firm of reputable lawyers who are experienced in this area.

Typically, customers pay 25% of the amount that is recovered. This can vary and maybe more or less. Termination fees may apply if you fail to co-operate with your lawyer.

Is technology making us more accident prone?

With mobile phones and other technological gadgets gaining in popularity, it is rare that most of us leave the house without these devices. Yet, whilst these gadgets offer a great range of benefits and increased convenience there are fears they are making us more accident prone – but how?

Hazardous distractions
According to The Daily Mail, drivers who use their mobile phones whilst in the car are four times more likely to have an accident. Whilst manually operating your phone whilst in control of the vehicle is illegal in the UK, hands-free kits are deemed just as dangerous when in use.

The devices act as a hazardous distraction, diverting the driver’s attention away from the road. Whilst the above statistics are based on accident figures from Australia, UK drivers are still putting themselves at risk as one third of motorists confess to be involved in an accident or narrowly avoiding one after being distracted by items such as mobile phones.

Twenty per cent of drivers also admitted that the floated the ban against using a hand-held mobile whilst driving by answering their phone without the use of a hands-free kit. Texting whilst driving has also been labelled as a common source of accidents whilst the desire to update social networks on the move has seen some manufacturers create innovative devices which do this automatically in order to stop drivers taking unnecessary risks when behind the wheel.

Whilst all of the above dangers are associated with road accidents, this is unfortunately not the only danger which technology seems to pose to its users. Texting whilst walking poses a huge risk for pedestrians and drivers alike. In a rare case, a recent report saw one gentleman almost walk into the path of a stray black bear in California when distracted by texting – emphasising the high volume of threats which mobile phones and other devices can have.

Protecting against accidents
Naturally, the easiest way to protect against these types of accident is to make sure you only use these devices when it is safe to do so. Operating a hand-held phone whilst driving is not only illegal but is a reckless endangerment of life. Similarly, failing to pay attention to your environment when walking down the road could see you stray into dangerous situations, putting yourself and others at unnecessary harm.

Of course, in the event that an accident does occur it is important that you ascertain the cause and take the necessary measures to protect yourself from further harm – whether financial or emotional. If you are involved in an accident because somebody else was distracted or failed to act appropriately then you could be entitled to a no win no fee claim. These are claims handled by trained professionals who fight for the compensation you deserve and do not charge for their services if your case is unsuccessful.

Here at Injury Lawyers 4 U we offer this service and can advise you on the best course of action following an accident. Any accident, regardless of the cause, is traumatic for those involved and this is why it is vital that you take the necessary action to protect yourself.