Injury Claims

i’ve been injured, and it wasn’t my fault. what do i do now?

The first thing to do is to call 01242 235202, or click here to email us.

If you’ve had an accident then your first thoughts will be to recover from your injuries and to get your life back to normal. You probably won’t see making a compensation claim as a priority. But do you realise that making a claim can often help your recovery, because you may be entitled to have your medical treatment paid for and other expenses met? Do you need surgery which would be delayed if provided by the NHS? You may prefer to have it done privately. Do you need private physiotherapy which is more intensive than the NHS may provide?

Is your income affected? Are you worried about how you will manage financially while your recovery continues? Do you need someone to do things for you that you cannot at present do for yourself? Are they losing money because of this? If you have had a road accident, does your car need repair?

If it is clear that the accident was at least partly the fault of someone else, we may be able to negotiate with the other party advance payments to help you get back on your feet – literally and financially.

why choose davis gregory for my injury claim?

If you’ve been recommended to us, you will know the answer! If not, then what about the following reasons:

• Davis Gregory are good at what we do. You don’t have to take our word for it: click here to read a selection of testimonials from our delighted clients.
• Our aim is to get you some advance financial help if you need it, and then maximum compensation, and to do all we can to put you back in the position you would have been in if you had not been injured.
• We don’t ask you to pay anything yourself. Unlike some solicitors, we make sure that if you make an injury claim with us you pay nothing at the beginning, middle or end, and if you are successful you receive 100% of the compensation. There are no hidden fees. We are paid by the other party’s insurance company if you win, and nothing if you lose, so we know how important it is to succeed! (Please note there are different rules for claims after hit-and-run road accidents and criminal assaults).
• We also make sure that you have no risk of having to pay the other party’s legal costs either: we take out insurance for you under the Law Society’s Accidentline scheme, which costs you nothing.
• We guarantee that the lawyer handling your case is either a Solicitor or Legal Executive of many years’ experience. We don’t think it is right to cut corners and trust such claims to trainees or other unqualified people.
• When we use outside experts such as medical specialists or barristers, we aim only to use the best people.
• We specialise in claims arising from accidents in many different situations, including accidents at work or school, on the road, on holiday in the UK or abroad, in shops, on pavements and elsewhere. And if the claim is of a type we don’t deal with ourselves (e.g. some types of accident abroad, or a claim due to a medical mistake), then we can bring in our associate firm which does specialise in such claims, to make sure you get the best legal help.
• If you are unable to get in to our office to see us, we are happy to come and see you at home.
• We have made sure that we have the specialist qualifications to give the best service to our clients. We are accredited by the Association of Personal Injury Lawyers, and membership of the Personal Injury Panel of the Law Society. And we have been successfully claiming compensation for our clients for over 30 years.

what about other companies who handle injury claims?

After an accident you may feel bombarded by people wanting to represent you in claiming compensation. There are adverts on the TV, radio or press, and online. Some companies try to bribe you into using them. If you have had a road accident, your own or the other party’s insurance company are likely to try to pressurise you into using their chosen solicitors so they can sell your claim to them for up to £1000, and they may not even tell you they are doing this (insurance company executives recently told ex-government minister Jack Straw that selling such personal information was their “dirty secret”). You might wonder how such solicitors can afford to provide a good service with expert lawyers who know what they are doing, as well as make a profit, if they are paying such fees (often they can’t, so they cut corners!)

We have always known that one of the best ways of choosing a solicitor is to ask a friend or family member for a recommendation. This can be backed up by testimonials from others, looking at specialist qualifications, and checking that the arrangements for the solicitors’ costs and expenses are fair. We set out above the many reasons why we think you should choose Davis Gregory.

In autumn 2010 the leading research company Gfk NOP investigated how people choose their solicitors and found that ‘recommendation by word-of mouth plays a key role in decision-making’, and people tend to use the same solicitors for various legal tasks. We hope that once you have given us the opportunity to work for you, you will want to recommend us to others, and to use us for your other legal work.

CYCLING ACCIDENTS

Cycling Accidents and Personal Injury

Cyclists are particularly vulnerable while on the road, and can be easily harmed if other road users fail to display due care and attention. Some of the most common examples of this include:-

• Drivers of vehicles who do not leave enough space when overtaking;
• Drivers of vehicles who do not check their mirrors before turning right or left, cutting into the path of a cyclist;
• Drivers of vehicles who pull out of a junction without seeing a cyclist;
• Drivers or passengers who open the vehicle door without looking – known as ‘dooring’.
• A poorly maintained road surface or cycle path;
• A pedestrian walking out into the road.

Such incidents can have a devastating effect on the welfare of the cyclist, whose injuries can range from minor lacerations to broken bones, head/brain injuries, spine injuries and even the loss of limbs.

What Action Can You Take?

If you have been injured in a cycling accident, you need to know what your options are. That is why the first step should be to seek advice from a specialist personal injury lawyer at Davis Gregory, as you may be able to obtain compensation. If someone (or something) else was at least partly to blame, you will be able to pursue a personal injury claim.

There are certain factors that could affect your claim. These include:-

• Whether or not you were obeying the highway code;
• Whether or not you were wearing protective and/or light reflective clothing;
• Whether or not you were wearing a helmet.

In the case of the last two points, it can be argued that it is not a legal requirement to wear a helmet or protective clothing while cycling. Even so, a court may reduce the amount of compensation if they believe a helmet would have made a difference to the injuries sustained.

Legal Help in Cheltenham

Cycling accidents can cause serious damage to the victim, often leading to long-term health complications and a significant loss of earnings. If this has happened to you, contact us now at Davis Gregory to discover what action you can take next. We promise to do everything we can to help.

LIFTING INJURIES AT WORK

Lifting injuries sustained in the workplace are very common, yet they can often be avoided. Taking simple steps to provide lifting equipment, training and carry out risk assessments all significantly reduce the possibility of an employee suffering a lifting injury. But if your employer fails to do these things and you are injured as a result, you could be entitled to compensation.

Manual Handling Injuries

Lifting injuries fall into the wider category of manual handling, which can be defined as ‘any transporting or supporting of a load (including lifting, putting down, pushing, pulling, carrying or moving) by hand or bodily force’. Thus manual handling is not just confined to industries such as construction and agriculture. In fact, it plays a part in most lines of employment, from restaurant work to office jobs.

Despite their prevalence in the workplace, manual handling injuries can pose a serious hazard to employees. This is especially true if someone has not been properly trained, does not have the correct equipment, or is following unsafe working procedure. In such circumstances, the risk of an employee suffering a lifting injury is greatly increased. Most commonly, such injuries will involve:-

• Back pain;
• Damage to the spine and nerves;
• Soft tissue hernia;
• Ruptured disc;
• Muscle, tendon and ligament damage;
• Repetitive strain syndrome;
• Other musculo-skeletal disorder (MSD).

Preventing Lifting Injuries – An Employer’s Responsibility

Nevertheless, many lifting injuries are preventable. This is because employers have a duty to protect the health, safety and well-being of their staff. To do so, they must take steps that are reasonably practicable to reduce risks and hazards in the workplace. So while lifting injuries cannot be completely eradicated, the risk can minimised through simple but effective measures. These are laid out in the Manual Handling Operations Regulations 1992, which state an employer should:-

• Avoid the need to carry out manual handling where possible. For example, redesign working procedure so the lifting of heavy loads is not needed;

Carry out ergonomic risk assessments of all manual handling that cannot be avoided. In this case, ergonomic means working procedure should be designed to fit the individual;

• Take on board findings of risk assessment and implement measures to reduce risk. This could involve providing new equipment or adjusting the layout of the work space;
• Provide training, guidance and supervision (where necessary) with regard to correct manual handling technique. Such training should be regularly updated.

Employers should also ensure their staff are following lifting and lowering guidelines published by the Health and Safety Executive (HSE). These guidelines can be an incredibly useful tool when establishing a safe system of work – particularly as the Manual Handling Operations Regulations 1992 does not stipulate a maximum weight limit for lifting.

PAVEMENT TRIPS

Every day people trip over poorly maintained pavements, with raised paving slabs, tree roots and potholes being the main offenders. If this has happened to you, you will undoubtedly have a number of questions, such as: why was the pavement is such a poor condition? Who is responsible for the pavement’s repair? And can anyone be held liable for your injuries? This article takes a closer look at these questions.

Pavement Trips – Who is Responsible?

While there are some exceptions to the rule, responsibility for the upkeep of pavements usually falls to County Councils in their role as as highway authorities. This means they must implement a reasonable system for pavement maintenance, inspection and repair.

The authority responsible for pavements must, therefore, ensure the following must duties are fulfilled:-

• Perform adequate inspections of pavements;
• Carry out inspections on a regular basis;
• Deal with any defect found during an inspection in a reasonable amount of time;
• Investigate and (if appropriate) repair a defect reported by a member of the public in a reasonable amount of time.

Pavement Trips and Personal Injury

If there is a failure to adhere to these obligations, the health and safety of the general public will be put at risk, and injury will be more likely to occur, for example because of a raised paving slab or a pothole. A poorly maintained pavement can cause someone to suffer a significant degree of injury, such as concussion, broken bones and unsightly scarring.

Making a Personal Injury Claim

If your injury was indeed caused by the failure on the part of the local authority to adequately maintain a pavement, it may be possible for you to make a personal injury claim.

Your first step should be to seek legal advice from an expert personal injury lawyer at Davis Gregory. This is because making a claim against a local authority can be difficult, as it is sometimes hard to prove liability. To help your case, you should try to collate as much evidence as possible. For example, you could take names and contact details of any witnesses to the accident. Additionally, you should take photographs of the pavement in question, using an object to illustrate the height of the raised paving slab (or the depth of the pothole etc). You may want to use a ruler, a coin or a matchbox. One inch is generally considered as the threshold for a council to repair a defect – this is the size of a 50p piece standing on its side. Any less than this and you may not be able to pursue a claim.

Speak to a Legal Expert Today

If you have suffered due to a pavement trip, you could be entitled to compensation. To find out more, contact us at Davis Gregory today and speak to one of our specialist personal injury solicitors. We can discuss your accident with you before suggesting whether or not you are able to take legal action.

Do You Have a Personal Injury Claim?

If your employer has failed to take reasonable steps to reduce risk in the workplace, then he/she has breached their duty of care towards you. If you suffer a lifting injury as a direct result of this negligence, you could be entitled to compensation.

For more information on making a personal injury claim, speak to a legal expert at Davis Gregory. Based in Cheltenham, we are dedicated to helping personal injury victims across the country, fighting hard to obtain the compensation they deserve.

what is the next step?

For us to tell you if you have got a good claim, click here to give us details, or
call Freephone 0800 328 4249
or email pi@davisg.co.uk for free no obligation advice.

For a summary of what you can claim for and how we can deal with your claim, click here.

For more detail about what you can claim for, click here.

For more detail about whiplash claims, click here.

For more detail about accidents on holidays, click here.

Ice slips, click here.

Can't I just claim myself and not involve Solicitors? Yes, if you want to run a big risk of being ripped off! For more information click here.

For examples of recent successful claims and testimonials, click here.

Information about the Law Society's Accidentline Scheme, click here.

Our team

Lawyers:

Tim Howarth
LLB, Solicitor, Notary Public, Director
Biography

Andrea Hughes
Manager, Fellow of the Institute of Legal Executives
Biography

John Davies
Fellow of the Institute of Legal Executives
Biography

Angela Newman
LLB, Solicitor
Biography

Alison Taylor
LLB, Solicitor
Biography