Category: Accidents in Public

Work Accident Compensation: Can commuting employees make a claim?

Work accident compensation is used to protect employees if they have suffered from some kind of work accident. Nowadays, many employees are not going to their office. Instead, they may be working remotely to avoid catching Covid-19. However, for those that are going to work, there is a possibility that they could get hurt whilst they make the commute to the workplace. This could be due to a pedestrian accident, criminal activity or overcrowded public transport. There are many reasons you could get hurt. However, you may be wondering whether or not you could claim compensation for getting hurt.

Gowing Law Solicitor can help you if you have been hurt at work and require compensation for your losses. All you need to do is phone up 0800 041 8350 to get started!

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Work Accident Compensation: How could I get hurt on my commute to work?

You may feel a little nervous when you go on your daily commute to work. After all, you may be a bit out of the swing of things when it comes to commuting, or perhaps nervous due to Covid-19. Whilst you are likely taking your own necessary precautions to adhere to social-distancing, such as owning your own face-mask and hand gel, there is still the chance that you could get hurt on your commute to work. Take a look at the infographic below to understand what type of risks could be encountered on your way to work:

your commute dangers infographic

As you can see, there are a number of ways you can get hurt at the start and end of the day. There are always going to be hazards on your way to work. Covid-19 may be making people more health & safety conscious, but negligent drivers, passengers and pedestrians could still cause you to get hurt. But the main question is, is your employer responsible for you getting hurt when you are on your way to work? This is what we are going to find out.

Is my employer responsible for providing me with work accident compensation for my commute?

Unfortunately, no, they are not responsible for your safety when you are outside of work. This means you wont be able to get work accident compensation. You are paid for a scheduled amount of time to fulfil a task or provide a skill set. When you are off the clock then your employer is not required to maintain their “duty of care” over what you do. You are basically a free agent to do whatever you want. If you get hurt then this is out of their control. There are only a few circumstances in which your employer would be held responsible for your commute. However, if you have got hurt then you may want to think about making a:

  • Criminal Injury Claim
  • Road Traffic Accident Claim
  • Public Accident Claim

Your eligibility depends on the type of accident you have. However, if you have fall under one of these categories, it is likely that you will be able to get compensation. The only different will be that it will not be paid from the insurance of your employer.

compensation for running an errand

What “special circumstances” could mean that I can make a work accident compensation claim on my commute?

Whilst it is very unlikely that you will be able to make a work accident compensation claim based on an accident during a commute, there are other times when an employee may be covered. Keep in mind that this may only be for very specific employees or events that happen on the commute. Take a look at some of the examples below to get a sense of what could be classified as a commuting work accident:

  • You were asked to run a work-errand on the way home from your work place or whilst you were on a break. If you got into an accident during this then you could claim compensation. This is known as the capacity concept.

capacity concept

  • As an employee, you are forced to commute through a “zone of danger” in order to get to work .This includes construction sites and large blasting areas. If you get injured due to these sites then you could be owed compensation.
  • You are an on-call employee that gets covered when they are called into work. This means that they are covered even if they get hurt at home.
  • You have been asked to go on business travel or go abroad to a different worksite.
  • Travel is a normal part of our job and you do not work from an office-site. This can include nurses, sales people, truckers or any sort of vehicle drivers. As you do not have a fixed workplace, you will be exempt from the “coming and going rule”.

Are there any other types of special cases?

Of course, these are only a few examples of why you could be eligible for compensation. The best way you can determine whether or not you will be able to claim compensation for an accident on a commute is by speaking with a trained solicitor. They can let you know if you are pursuing the right claim or if you should consider making a different type of compensation claim.

categories of injury claims

I was still injured! What should I do now?

Now if you are sure that you do not have a work accident claim, you should consider alternative options. All is not lost! Just because you cannot ask your employer for compensation doesn’t mean that you do not have a compensation claim. You simply need to consider the other accident categories that your case could fall into. Remember, for most accident claims cases, you will need similar types of evidence to prove that you were not responsible for your accident. The categories of public injuries are there to focus you on who will need to pay for your compensation. Here are some examples of the types of claims you could go for, as well as how you could make the claims in general.

Road Traffic accident claims

Normally, when you set out on your commute, you are going to be taking some form of transport or may be walking to work as a pedestrian. However, if there is a careless driver on the road that is breaching their “duty of care” towards other road users, this could cause an accident. The vehicles you may be driving or be a passenger on may include:

If you have been involved in a traffic accident, it is likely that it was due to the negligence of the other driver. You need to prove that you were not at fault and took all the precautions necessary in order to avoid an accident. If the accident still happened then this will mean you are not at fault and can claim compensation. Make sure to take down the insurance number and pictures of the other vehicle. That way you can know who to contact if you do end up needing to make a road traffic accident claim.

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Criminal Injury Claims

Now, if you are dealing with a criminal injury claim, things may end up going a little differently for your claim. Criminal attacks can happen at any time and in any place. However, if you are commuting back and forward between work, you may find that as the nights get darker, you may start to feel more vulnerable or isolated. If you are walking alone or away from the gaze of the public, this could make it more likely that you experience a violent altercation or an attack. A criminal injury claim may include:

  • Knife attacks
  • Gun attacks
  • Violent assaults
  • Sexual assaults
  • Terrorists attacks

Naturally, some of these types of altercations are worse than others. However, claiming for criminal injury insurance should provide you with compensation that can help you recover. If you have suffered from some sort of criminal attack, make sure to immediately call the police or emergency services to ensure that your wounds are treated. Cooperate with the police’s investigation before you start to collect your evidence.

In some cases, you may not be able to pick out your attacker or identify who they are. That is why we would recommend that you seek compensation from the CICA scheme. CICA stands for criminal injuries compensation authority. If you do not know who your attacker is then this may make things difficult. That’s why you need a solicitor to help you collect your evidence to prove that you fall under the scheme.

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Public Accident Claims

Another type of compensation you could claim for is known as a public accident claim. These are some of the most common type of claims and are used to get you compensation for damages that happen on public property. So, for instance, let’s say you visit a store on your way to work to pick up your lunch. If you get hurt due to a slip or fall in the store, you could claim for public accident compensation. This applies to any sort of public area that may be under responsibility of a local body of government or an employer. If you have got hurt in a public place, make sure to alert any staff or people around. They can act as your witnesses.

You will also want to get your wounds checked out and start gathering evidence in order to help with your claim. This is very similar to what you may do in a work accident claim.

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How do I prepare for an accident claims case?

When it comes to any sort of accident claims case the main thing you need to prove that you are not liable for your injuries is evidence. The more evidence you have, the more likely it is that you can show that you deserve a high amount of compensation for your losses. Now, your losses fall under two categories. These are “general damages”, for your pain and suffering, and “special damages” for your financial losses. You can also claim for emotional trauma, loss of opportunity and broken equipment.

Your evidence should prove that you have suffered from these damages. Examples of evidence may include:

  • Photographs of your injuries and the accident environment
  • Videos of your injuries and the accident environment.
  • CCTV footage
  • Police reports
  • Work Accident handbook reports
  • Witness statements
  • Medical records
  • Receipts
  • Diary entries

These are only a few examples of the types of damages and evidence that you could claim for. Remember that you can use evidence from during and after the incident. For instance, if you are suffering emotional damages after you were physically injured, you could be struggling to undertake normal daily tasks. Your evidence could be a witness statement or diary entry documenting your worries and fears.

Gowing Law can help you with your accident claim!

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No matter what sort of accident claim you have, Gowing Law Solicitors can help you with legal counsel. Our experienced lawyers can provide you with expert advice and consultations to get you started. If you are happy with their services, we can take on your case on a “no win-no fee” basis. This means you will always come out on top and there will be no hidden fees that you will need to pay.

Get in contact today by phoning 0800 041 8350, emailing info@gowinglaw.co.uk or using our contact page. One of our team members will then be in touch to help you with your claim and answer your questions.

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What you should expect from a personal injury claims lawyer

A personal injury claims lawyer is here to help you claim compensation if you have recently been involved in some sort of accident that was not your fault. Even in the safest of environments, there is still potential for you to get hurt. Whether you go to a beauty salon, your work office or a public venue, if there are hazards around that could cause you an injury then you could be owed compensation from those who are responsible. This is where a personal injury claims lawyer can help you.

We understand that some claimants may want to undertake a personal injury claim on their own. However, with the current pandemic, backlogs within the UK court system, and the potential complexity of your case, it’s always useful to have a trained personal injury claims solicitor on your side. That way if things start to get a little difficult then a legal professional can represent you and help you get the best amount of compensation possible for your claim.

Speak to Gowing Law Solicitors today to figure out how you can get the compensation that you deserve.

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Do I really need a personal injury claims lawyer to help me with a personal injury claim?

Honestly, yes, you can represent yourself if you have suffered from a personal injury. For instance, you may have been injured at work and got hurt whilst carrying a box up the stairs, and therefore may have only suffered from minor injuries. That’s why you may feel like the case is simple enough that you can represent yourself. On the flip side, you may also not feel like you are able to find an appropriate legal representation for your case. Whilst we would recommend that you do seek help from a lawyer when it comes to any case, here are some tips and tricks if you do intend to represent yourself when you go to court.

representing yourself in court advice

Remember, you can always come to Gowing Law Solicitors if you want to seek counsel from a legal specialist for free. We understand that it can be difficult to balance an injury and a court case at the same time. That’s why we would be more than happy to provide you with advice about:

  • What type of claim you should pursue
  • Whether or not your damages are worth claiming compensation
  • If you hold any responsibility for your own injuries
  • How much your compensation claim could be worth
  • How long it will take to make a compensation claim
  • Whether or not there could be any complications with your claim

Get in contact today with Gowing Law Solicitors and we can talk to you about the best options for you.

What sort of cases can a personal injury claims lawyer help me with?

If you have managed to get hurt due to someone else’s negligence, this could mean that you are owed compensation for your injuries. Gowing Law Solicitors can help you with any sort of accident that was not your fault. This could include:

  • Accidents in a public place
  • Work accidents
  • Traffic accidents
  • Beauty injuries
  • Hairdressing injuries
  • Medical negligence injuries

As you can see, personal injury solicitors cover a lot of different accident claims. Your injuries could be large or small, either way, if they happened because someone else breached their duty of care towards you, which means you could be eligible for compensation. Having an experienced personal injury lawyer can help you get compensation even in the most complicated of claims.

solicitor help with injury claims

Communication with a Solicitor for a personal injury claim

One of the most important things that is going to drive your claim forward is communication with your solicitor. We understand that you may feel a little nervous when approaching your solicitor about your claim. But don’t worry. A good personal injury lawyer will make things simple for you and help you understand everything that you need to about your case. Their job is to make sure that you are not stressed. Instead, they will have your case entirely under control and will simply want to have a discussion with you about what is the best way forward with your case.

Your legal counsel with any sort of professional injury lawyer should consist of:

  • Discussing your legal strategy
  • What options are available for in your claim (i.e. a settlement agreement)
  • The creation of a timeline for important events, court dates and “sit downs”
  • Electronic communication for sending documentation.

Remote communication is more essential than ever due to Covid-19. The UK court system has a back log of cases due to being shut down. That’s why you will need a personal injury solicitor to help you with your case. Whilst you may be following government approved advice, a solicitor will be keeping up to date on the latest help about how to handle a case safely and efficiently. That’s why you should get in contact as soon as possible to get started on your own case.

Realistic Expectations

Naturally, many people walk into a solicitor’s office and assume that they are going to be told that their case could be worth a 7 figure pay-out. Well, if they have suffered from a life changing incident then it is very possible that they could get that amount. But honestly, if you have just suffered from minor injuries then you may not be getting as much as you expect.

You will need to tell you solicitor the full story and allow them the time to do their research. That way they can form an objective opinion. If there are any holes in your story, or if you are lacking certain evidence then this will be picked up by your lawyer. They can let you know whether or not it is worth fighting for the case in general. Take a look at an example of a case below to compare your own situation

Case study of a personal injury lawyer claim.

As you can see, Carla only suffered from a few bruises from her fall. There is no evidence that she slipped due to the negligence of her workplace. That’s why she is being advised not to proceed with the claim. You can expect your solicitor to always be honest about your situation and give you the best advice possible.

Expect Questions

If your case eventually goes to court, you need to be prepared for some hard questions. In every case, your account of the accident is going to be different from the other party’s recount. That’s why you will need to expect some deep questions when you initially speak with a solicitor. They need to know everything that could be relevant for claim. That way, if there are any potential challenges then they will be able to handle them and prove that you are speaking the truth. Try to think up weaknesses in your story and give a proper reason about why they exist. That way your lawyer can help understand your position and can defend you even during questioning in court.

Patience and Waiting Times

After you have spoken to your solicitor about your case, honestly, you need to be patient. Many people just expect that their case will be prioritized and that they will instantly get compensation. You need to be realistic. There are people who have come to your solicitor before you and so their case may take priority as their court date may be coming up. Be patient and speak to your solicitor about a potential time-line for your case. This can help you keep up-to-date with what they are doing to help you.

time limit for personal injury claims

How can I help my personal injury claims lawyer with my case?

Asides from being completely honest and open about your case, one of the best things you can do for your solicitor is to provide them with as much evidence as possible. There are certain damages you could claim for known as “general damages” and “special damages”. General damages are for your pain and suffering, including physical injuries and emotional trauma. Special damages are for your financial losses, including medical fees, travel costs and the loss of opportunity or damaged equipment.

Evidence for these damages may include:

  • Photographic evidence
  • Video evidence
  • CCTV footage
  • Police reports
  • Witness Statements
  • Medical reports
  • Diary Entries
  • Receipts

Whilst you should try and collect as much evidence as possible, remember that your health comes first. Make sure to get the emergency services involved if your wounds are severe. Even if they are only minor, you should get a doctor to look them over to make sure that they are not any worse than they appear.

how to prove your own injuries

Settlements and Negotiations

Most of the time, when you have some sort of personal injury case, you may have a simple discussion with the person responsible, their legal team and their insurer. This can help you come to a settlement agreement where you can approve a set amount to be paid for compensation. However, not all cases are this simple. Naturally, your lawyer will be there to help you with the negotiations. If the person responsible for your injuries refuses to accept blame then you may find that you and your solicitor will need to negotiate.

Collect your evidence and send it to the party responsible. This includes your medical records. If they still refuse to accept blame, even after a settlement agreement has been proposed, your case may need to go to court. If you do not want to go to court yourself, then your lawyer can go in your place to represent you.

How much money could I get from my compensation claim?

This depends on the extent of your injuries, as well as the types of damages that you have suffered from. Naturally, if you have experienced a life-changing injury then this is going to affect your pay-out. However, keep in mind that if you do hold partial responsibility for the accident, or the other party has managed to prove that you are liable for some of their own damages, you may need to pay out of your own insurance. Make sure to be honest about any responsibility you may have in regards to injuries and let your solicitor know as quickly as possible about them. That way they can prepare in advance if they need to defend you in court.

Gowing Law Solicitors would be happy to help you with your personal injury claim

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No matter what type of personal injury claim you have, Gowing Law Solicitors would be more than happy to help you get the compensation that you deserve. We understand that it can be traumatic to go through any type of injury if you were not the one to blame. That’s why we want to help you understand how much compensation you could get from making a claim. Our solicitors can offer you free advice and consultations to get you started. If you are happy to move forward with your claim, we can work with you on a “no win-no fee” basis. That means you will always come out on top.

Contact our Manchester solicitors today by phoning 0800 041 8350, emailing info@gowinglaw.co.uk or by using our contact page to access our direct messenger. Check your claim and one of our trained specialists will be in contact as quickly as possible to help you.

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We are proud to have a blog that we keep updated with the latest information about UK law and legal information. Take a look through our wide range of articles to find a topic that may interest you.  That way you can see our latest law content. If you cannot find the topic that interests you, make sure to let us know. We would be more than happy to write about your topic of choice. Reach out to info@gowinglaw.co.uk with your suggestions. We would be more than happy to write about a topic that interests you or your questions.

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What should I do if I am involved in a hit and run accident?

A hit and run accident can be traumatic. After all, one minute you are driving along the road or perhaps walking across a road, next minute another car has smashed into you and has simply taken off without providing any insurance details. Since 2006, it has been estimated that around 682,000 hit and run accidents happen every year. Most of the time the victims were riding a bike or were pedestrians. However, hit and runs can also happen to other vehicle drivers. That’s why you should not feel deterred to make a compensation claim.

You may be feeling a little nervous about getting compensation for your “hit and run” accident. After all, without a perpetrator, you may be asking yourself how you could even make a compensation claim to begin with. This is where Gowing Law can help you. All you need to do is get in contact with our specialist road traffic accident (RTA) team as quickly as possible. We can take you through your claim and let you know how our lawyers can help you. Click the button below to learn more about traffic accident claims:

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What is a “hit and run” accident?

Normally, when you think about “hit and run” accidents, you think about screeching tyres, a car striking another vehicle or a pedestrian and then fleeing from the scene of the crime. Well, honestly, they don’t have to be dramatic. Usually, they involve someone getting hurt and the person “at fault” leaving the scene of the crime. A vehicle doesn’t even need to be moving for it to be a hit and run. If a vehicle backs into a parked car an drives off then this is still an example of a hit and run.

Of course, no one likes to admit that they messed up when they were driving on the road. You might feel that if you did this by accident you would be naturally inclined to leave the scene as quickly as possible to avoid punishment, an altercation with an angry driver or pedestrian or even to avoid talking to the police. However, this is still illegal. If you were caught doing this then damages will be pressed, including:

  • Fines
  • Criminal records
  • The loss of your driver’s licence
  • Points on your record
  • Jail time

hit and run accident property damage

What should I do if I am involved in a hit and run accident with no witnesses?

Naturally, you may feel confused about what you should do if you have experienced a hit and run accident but there are no witnesses to prove your story. If you were the cause of the accident, you should leave your contact details and go to file a police report. This would mean that the accident is not considered a hit and run. If you were on the other end of the accident then you should make sure to collect as much evidence as possible. That way you can prove that you were hurt and that the person responsible fled the scene.

What should I do if I have been involved in a hit and run accident?

One of most important things that you should do is treat your hit and run accident like any other RTA or crash on the road. Whilst you may not be able to prove who was responsible for the accident, you can show that you were not at fault. This is why you should contact an experienced lawyer to help you with your case. It is going to be difficult to get compensation if you go about it on your own, especially if the other driver’s identity remains a mystery. But a solicitor can help you:

RTA claim gif

Here is what you should do if you have recently been involved in a hit and run accident:

1. Try and identify the other driver involved in the accident

Unfortunately, not every hit and run case can end up with the other driver being identified. That’s why you need to write down as much distinguishing information as possible. This will help the police to identify the culprit responsible for your accident. Try and write down the information whilst you still remember it. You may also want to consider:

  • Distinguishing features about the other vehicle (i.e. the colour, the model, the licence plate or any dents or indents that could be recognisable.)
  • Any distinguishable features of the driver (i.e. what they were wearing, their physical appearance)

You should also ask witnesses about whether or not they saw anything that may have stuck out in their minds. You should also consider any nearby CCTV devices or recordings for clues. Who knows, you may be lucky and see a clear image of their driving plate. Remember, you are doing this to help with the police’s investigation, as well as gather evidence for your own case.

2. Take down evidence of your own damages

Although you should prioritize your safety above all things, if you can collect evidence from the scene of the crime then this will really help your case when or if it is taken to court. You should take pictures of your injuries and damages to prove that you were hurt. Additional evidence may include:

  • Videos of the incident or of the other driver (including CCTV and dash-cams)
  • Witness statements and testimonies
  • Medical reports
  • Police reports
  • Receipts and evidence of expenses
  • Damaged equipment
  • Diary Entries

Remember that you can collect evidence both during and after the accident has passed. For instance, you may not be able to get a medical report of your injuries until after you have been to hospital or have gone to A&E. You should always get a check-up just to make sure that you are okay. That way you can avoid your injuries getting any worse. You will also want to consider getting evidence that your property has been damaged, i.e. any valuables that were in the car at the time.

3. Visit the hospital

As we stated before, the most important thing that you need to prioritize over anything else is your own health. If you have been severely hurt due to a hit and run, it’s very likely that you may end up with very severe injuries. Getting medical help can add to the evidence that you have already accumulated for your claim. Make sure to call an ambulance for help or get someone to do it for you.

special damages help for a hit and run accident

4. Contact other emergency services

Naturally, if you have been hurt then you should immediately call for an ambulance. But you should also contact the police as well. A hit and run accident is a crime and you will need to have it reported as quickly as possible. You may also want to consider claiming for criminal injuries. Having the police inspect the area can help collect evidence and can also give you the opportunity to get a police report. Police reports are unbiased and can prove that you were not at fault for your own injuries. Make sure to comply with the police’s investigation to ensure that a conclusion can be reached as quickly as possible.

Your timeline of events should look something like this:

timeline of hit and run accident

Why should I get a solicitor to help me with me with my hit and run accident claim?

Honestly, when it comes to hit and run accident claims, they can be extremely stressful. Not only do you have had to endure a traumatic injury, but you most likely don’t even know who the culprit is! This can only get worse if you have had property and equipment damaged in the process. Basically, you are going to be extremely stressed and also in the process of recovering. The last thing you need is a court case also looming over your head. With the current pandemic and backlogs within the UK court system, you need all the help you can get. This is why it is so useful to have a solicitor on your side.

Your RTA solicitor can work on your behalf to ensure that you have the strongest case possible. Without a potential party to name as liable for your injuries, your clam could get complicated. A lawyer can show your evidence in its best light. This way you can get the highest amount of compensation possible.

What can I claim for exactly?

One of the most important things you need to understand about any sort of compensation claim are the damages that you are claiming for. Most people assume that they can only claim for physical injuries and that these will be paid out of the other party’s vehicle insurance policy. However, you can claim for other types of damages. These include:

  • Emotional damages
  • Damages to equipment
  • Financial damages
  • Loss of opportunity (i.e. promotions and wage increases)
  • Medical damages

Discuss these carefully with your lawyer. Your evidence should back up each of these damage claims. For instance, the hit and run accident may have damaged your wall, which fell over and hurt you. Because you could not go to work, you could not collect your wage and you may have even lost out on a promotion. All of these damages add up. Your solicitor can make sure to frame them so you get the biggest pay-out possible for your damages.

how long do I have to make a hit and run accident claim

How much could I claim for hit and run accident compensation?

Now, whenever we are asked this type of question, the answer tends to be something like “how long is a piece of string?” Honestly, the amount you could receive in compensation depend on the extent of your injuries and damages. For instance, someone who has lost a limb has suffered life-changing injury, therefore they may end up getting a seven figured pay-out. However, someone who has only broken their arm may get less.

Your solicitor can help estimate your losses and come up with a potential figure you could claim for. Make sure to bring as much evidence as you can to your solicitor. This could influence the total compensation amount you could get.

How long will it take to get my compensation?

Again, this depends on the complexity of your case. As you are the victim of a hit and run accident, there is no other party to get compensation from. This means it will take more time to clarify your damages and how much you could be owed. Be patient with your solicitor and make sure to keep track of your time line. Your lawyer would be more than happy to let you know what stage it is at and what needs to happen next to move forward with your claim

Gowing Law Solicitors can help you with your RTA claim!

road traffic accident claims button

Whether you have suffered from a hit and run accident or perhaps just a normal car accident, Gowing Law Solicitors are here to help you. We understand what position you are in and want to help you get the compensation that you deserve. We can offer you free advice and remote consultations to get you started. If you are happy with this, and want to work with our solicitors on your case, we can offer our services on a “no win-no fee” basis. That means there will be no hidden fees and you will always come out on top.

Contact us today by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by using our direct messenger on our contact page. Feel free to check your claim with us! One of our team members will then be in contact to help you. They would be more than happy to answer any additional questions you may have.

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More than one person was hurt in the same work accident. Do we all get the same pay-out?

A work accident can have severe consequences for everyone who is involved. Some people may get seriously hurt whilst others may suffer from psychological scarring. Of course, minor incidents may only mean you need to spend a few days off work. But if you and the others in your workplace have suffered from a serious accident, you may find that it you are owed compensation for your injuries

This is where Gowing Law Solicitors can step in to help you. We understand that you may be suffering due to your injuries. That’s why you need an experienced solicitor on your side to get you the compensation that you and your colleagues deserve. All you need to do is get in contact with us as soon as possible to get started on your case. Call 0800 041 8350 today or us the link below to visit our work accident claims page.

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If more than one person got hurt, do we all get the same pay-out?

It’s important to understand that every case is different. People sustain different injuries in different accidents. Even if you and another person were part of the same accident, there is a likely chance that you will sustain different injuries. For example, if someone drops a box that is too heavy for them to safely lift, there is potential for it cause someone else injury if it falls on them. In this case, one person would be suffering from a back injury and another could be suffering from a foot or leg injury. Each of these injuries can lead to a different compensation pay-out. This is why it is essential to have a good lawyer in your corner to help you estimate how much you are owed.

Take a look at our example below to get a better understanding of the difference in claims:

work accident infographic

Will my work-mates need to pay my compensation if they got me hurt?

If your colleagues got you hurt whilst you were on task, then they will not need to pay your compensation. This is due to a legal term known as “vicarious liability”. Your workmates may have got you hurt but they were acting under the instruction of your manager or employer. That means that it was not their fault that you got hurt. They can only do so much to keep safe if they have not had the appropriate training. Ultimately, you should still be making your claim against your employer rather than your colleagues.

Will I get fired if I try to make a compensation claim?

No, you will not get fired for asking for compensation from your employer. Your employer has taken out employer liability insurance for this reason. That’s why if you get hurt then you need to inform them of your injuries. Keep in mind that this will be kept completely confidential between you and your employer. If they do try to fire you, and it is completely unreasonable, you could ask for an employer tribunal to be brought against them. So, don’t worry, you will not be financially damaged and there will be ways to protect you. Just make sure that you have suffered from legitimate damages before you make a claim. If you are found to be lying about what happened then you may need to pay damages to the company or just lose out on your compensation. Being open and honest always gets the best results.

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How is pay-out determined for a work accident?

When you get compensation, you normally assume that it will be a high figure and will be able to pay for all your expenses over the next few months. But honestly, compensation is not that simple. Instead, compensation is determined on the extent of your losses, the negligence of your employer and how bad your injuries you are. If you have only suffered from minor injuries then you may not be able to get a big pay-out. Instead, if you have suffered from life-changing wounds then you could expect a lot in compensation for your wounds.

Even if you and your colleagues have got hurt in the same accident, your injuries may be completely different. That means that you will be owed different pay-outs for your wounds.

What can I claim for in work accident compensation?

Now that you understand that all of you will get different types of pay-outs for your accident, you also need to consider what you can actually claim for. Damages fall under two categories. These are known as “general damages” and “special damages”. General damages account for your pain and suffering. Special damages are for your financial losses. Overall, you can claim for the following damages:

  • Physical injuries
  • Emotional trauma
  • Financial losses
  • Loss of opportunity (i.e. promotions)
  • Broken Equipment
  • Medical damages

If you have suffered from any of these damages, you could claim for compensation. This is because your employer has broken their duty of care towards you and your colleagues. They are at fault for your damages, therefore they need to pay for them.

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Can my colleagues claim if I get hurt but they don’t?

This is where a compensation claim can get complicated. If you have got hurt but your colleagues haven’t, they still may able to claim compensation for emotional damages. However, to do this they will need to fall under certain circumstances. For instance, they will need to have witnessed the accident or have a close connection to you (i.e. a loved one or family member). Make sure to consult a solicitor for more information about what you could claim for. It is unlikely that if you have not been hurt then you may not be able to claim compensation. Whether you get a pay-out entirely depends on the circumstances of your accident.

What should I do if my employer refuses to accept responsibility for the accident?

Some work accident compensation cases can be more complicated than others. If you are lucky, the workplace or your employer will accept responsibility and be happy to pay you compensation for your injuries. In this case, you can sit down your solicitor and decide on an amount.

However, in some cases you may find that your employer refuses to accept that they were responsible for your injuries. This can mean that they ultimately refuse to give you compensation. If this does happen then you need to seek out legal counsel as quickly as possible. From there, you can collect evidence and send copies of the evidence to your employer. You may also want to send a rough figure of how much you want to ask for compensation. If they refuse to do this and also work with you to create a settlement agreement, you and your solicitor need to take your case to court.

In court, the amount you receive as compensation will be decided by a judge. Make sure to have enough evidence to show that you were the victim of your employer negligence. This will help you receive a bigger pay-out once the decision is made by your judge.

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How long will it take to get a successful work accident claim?

This is the type of question that depends on the type of accident claim you have. If it is complicated then it will take more than a few months. Make sure to speak to your solicitor about a potential time-line. This can help you keep on track for your court date. You can also ask your solicitor to represent you in court if you are feeling nervous about facing your employer. They would be more than happy to do that and keep you updated.

Gowing Law Solicitors can help you with your work accident compensation claim

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Here at Gowing Law Solicitors, we endeavour to provide legal counsel and advice to claimants all over the UK. If you have been recently involved in an accident at work, you may be entitled to thousands in compensation. Our solicitors can give you free advice and consultations to get you started. These can all be undertaken remotely. If you are happy to work with our lawyers, we would be more than to offer our services on a “no win-no fee” basis. This means that you will always come out on top as there will never be any hidden fees to pay.

Contact us today by calling 0800 041 8350, email info@gowinglaw.co.uk or contact us directly via our instant messenger. Check your claim and then our friendly team will be in contact with you as quickly as possible. We would be more than happy to answer any additional questions you may have.

Read more from our interview series!

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Work accident claims can get complicated. That’s why we have an entire series about work accidents that can help you before you start your complication claim. If you want to read more about our previous work accident series, check out the links below:

We update our blog with the latest information every week with new content. If you can’t find the article that interests you, get in contact with your ideas! We would be more than happy to write about your ideas. Send in your suggestions to info@gowinglaw.co.uk. One of our team will get back in contact with you a quickly a possible.

Gowing Law looks forward to seeing you in our next blog. We also wish you the best of luck with your work accident claim. Let us know if we can help you with claiming compensation.

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Covid-19 Compensation: Can I make a claim?

Covid-19 compensation is a hot topic ever since the pandemic turned the world upside down. At first, Covid-19 was just talked about, perhaps a few people were worried about it, but few predicted the devastating effect it would have on the world. Nowadays, we are surrounded by face masks, PPE, contactless devices and hand sanitizer stations. It is a completely different world to what we previously lived in. The world of work has changed due to Covid-19.With it, the UK legal system must make adjustments as well.

We already have remote consultations and video hearings in place to continue getting clients justice. But the real thing on everyone’s mind is whether or not someone could sue an employer for allowing them to catch Covid-19 or perhaps sue a local authority for having an unsafe public space. This is all up in the air at the moment, which is why you may feel a little confused or vulnerable about even setting out in public. That’s why it’s time for Gowing Law to give you some clarity about how you could claim compensation for Covid-19 and the difficulties that stand before you.

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Covid-19 compensation & support: How has the legal system changed?

As a top legal team in Manchester, we think it is essential that all of our solicitors understand how the court system is being updated to lessen the spread of Covid-19. Nowadays, everything is all about working remotely. Just look at our work teams. If you are an office worker then it’s very likely that you are working from home or you have been informed of your staggered work schedule and how you can keep your work environment safe. Even if you a retail worker or are in a construction site, you should have had safety systems put in place to protect you during the work day.

The same safety policies have also been put in place to keep those in the legal system safe. Take a look at some examples of changes below:

Covid-19-help-infographic

All of these changes have been created with the UK public in mind. They incorporate social distancing and breaking the chain of contact. That way there is less chance that Covid-19 can be spread.

Covid-19 compensation: Is there potential to make a claim?

This is where it gets a little tricky in our discussion. But naturally, compensation is on a lot of people’s minds. If you get sick due to catching Covid-19 in your workplace or in a public environment, could you claim compensation? After all, you may have taken all of the necessary precautions to keep yourself from getting sick. Yet you still caught Covid-19. You may have been put on sick pay, but perhaps that is not enough to keep you afloat. Worse still, you may have been unfairly dismissed due to getting ill. In itself, this is unacceptable and could end in an employer tribunal. However, it could also potentially count as an accident at work or accident in a public place claim.

Employees, Employers & Entitlement

There is only a certain amount of time before people start to grow interested in this topic. That’s why it’s important that we address it as quickly as possible so our clients know how to proceed.

Unfortunately, Covid-19 is not yet listed as an occupational disease within the Employee’s Compensation Ordinance (ECO). That means an employee would only be entitled to compensation if Covid-19 was contracted during their employment. As the employee, you need to prove that the infection happened due to being exposed without any protection. This is where the difficulty of the case can appear.

Some people will be able to immediately show how they were able to catch Covid-19. They can demonstrate their employer’s short-comings or what the problems are with the public environment. However, others may not be able to show the connection between the environment and the employee activity.

Covid-19 negligence claims

Employees: How do I make a compensation claim?

Now that you understand the difficulties of making a compensation claim for Covid-19, you need to prove that your employee understood that there was a risk when it came to re-opening your work place. They identified the risk but did nothing to sort it out or limit exposure. Take a look at the case study below to see an example of this:

Charlie case study image

Due to the layout of his office and the lack of social-distancing, Charlie was exposed more to Covid-19 than he wanted to be. Worse still, after airing his grievances with his manager, he was not listened to. After developing symptoms of Covid-19 and having visited no other areas that could have exposed him to Covid-19, it is clear that Charlie caught it from his work environment. This could mean that he has a potential work accident claim. Keep in mind though, if you have been visiting a number of public spaces that are full of people, the claim may not be this simple. You need to prove completely that your sickness was due to a bad work environment and the negligence of your employer. They breached their “duty of care” towards you. This is why you became sick in the first place.

How can I prove I caught Covid-19 from my work rather than a different public area?

Acording to civil law, any claimants need to prove their issues based on a “balance of probabilities.” In lay-man’s terms, that means you figure out what caused you problem on what is more likely than what isn’t likely. That’s why your employer needs to identify any risks of “causation” that could increase the spread of disease in the first place.

Let’s use an example to make things a bit simpler. If one of your employees suddenly called in sick after reporting symptoms of Covid-19, it is highly likely that in a few days’ time, a few other employees may call in to report that they are experiencing the same symptoms and need to isolate at home. Therefore, it is very likely that you could prove that Covid-19 was contracted from work. Therefore, the employer is liable to pay damages to the employee in either sick pay, or even as Covid-19 compensation if the employee wants to push the claim further.

compensation help for Covid-19

Employers: What is the safest way to ensure your employees don’t get Covid-19?

Here at Gowing Law, we understand that Covid-19 compensation claims do sound rather daunting. They don’t exactly fall under one bracket in particular. Some may say they are a form of accident damages, others may say they would result in an employer tribunal. The best way to avoid any sort of confusion is to look after everyone who comes in to your place of business or even a public area that you are responsible for.

Firstly, let’s remind ourselves of the advice that was given to UK citizens at the start of the pandemic. Back in March, we were advised by the UK government to go to work:

”Where this is absolutely necessary and cannot be done from home”

Whilst this is quite old advice, you should still keep it in mind when you consider whether or not you should have your employees or even clients on-site. The best way to avoid any sort of future illnesses or Covid-19 compensation claims is to have your employees work from home. This can lessen the spread. It is very easy to set them up with a VPN or even to simply call in and ask them for updates about what they are doing. That way you can ensure that they are always on task. If you do need them in the office, make sure that the amount of time they are inside is staggered and that they only come in once or twice a week to keep up with their work-load.

The world of work is changing and you need to be ready to adapt with it. You should also take care to listen to any complaints your workers bring up. The faster you act, the more likely it is you can prevent the spread.

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How long will it take to make a Covid-19 compensation claim?

Naturally, if you are making a compensation claim based on catching Covid-19, you may be considering how long it would take to make a claim. It is important that you are patient with your solicitors and the UK court system. After all, due to the lockdown, the UK court system is now battling to catch up with cases that have been pushed back. That’s why if you do have a valid accident at work claim or perhaps an accident in a public place claim, you should get in touch with a solicitor as quickly as possible. That way you can work with a solicitor to find out how you can make a claim and how long it may take.

The faster you get in contact, the less likely it is there will be delays. Make sure to keep in contact with your solicitor to learn the latest updates of your case.

What else should I be thinking about when it comes to Covid-19?

Now we have talked about the possibility of claiming Covid-19 compensation from your employer, let’s move on to something a little more serious. We understand that thinking of a will can be upsetting, however if you are in a vulnerable group or age-range, you should be thinking about the future. You need to think about your loved ones and what you want to leave behind if you do fall victim to Covid-19 and unfortunately do not recover. This is why you should start to plan out a will.

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Gowing Law Solicitors can help you figure out exactly what you want to leave behind for your loved ones. It can be difficult to figure out how your assets should be split and who should benefit from your will. A trained will solicitor can go through all of your assets with you and your executor. They can write up a draft and make changes based on your needs. To validate the will, you can socially distance with two other people. This will ensure that you can prove it has been through all of the legalized motions. Some people have even taken to signing wills on the front of their car. This is to ensure that there is no transfer of germs.

If you are interested in writing a will, Gowing Law Solicitors have will-writing solicitors ready to help you. Our prices are £70 per single will and £95 per joint will. Get in contact with us today to get started.

How do I make a compensation claim with Gowing Law Solicitors?

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Here at Gowing Law, we completely understand if you are feeling a little vulnerable about the current crisis. It is a scary time for all of us and right now we are still trying to find our footing. We want to continue our lives. However we need to take a moment to slow down in order to keep our friends and family safe. That’s why Gowing Law can help you understand exactly what you are owed for your losses. We can guide you and give you advice about how you can move forward with your claim.

Our Manchester solicitors can offer you free advice and consultations remotely. This will make sure that you can continue to isolate. It will help you avoid the spread of any germs. If you are happy to work with our team, you can enjoy our services on a “no win-no fee” basis. That means you will always come out on top.

Contact us now by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by using our direct messenger system on our contact page.

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Want to learn more about Covid-19 and the law?

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It’s important that you stay as informed as possible about the UK legal system and its reaction to Covid-19. That’s why Gowing Law has produced a series of blogs dedicated to letting you know your rights and how you can keep safe in the workplace. Our blog is updated every week with new content. So, make sure to keep an eye on it to learn more. If you can’t find the topic you are interested in, let us know! We would be more than happy to write about your suggestions. Write in to info@gowinglaw.co.uk to let us know.

We look forward to hearing from you soon!

Can I claim as a passenger in a car accident?

As a passenger in a car accident, you may feel a little shocked about what has just happened to you. You were not put in a position to actively control the vehicle. Instead, you put your trust in the driver. Due to this, you are now are being forced to take time off work because of your injuries. It’s important not to blame yourself if you are involved in a car accident. You were simply in the wrong place at the wrong time. That’s why you could be owed car accident compensation for your injuries.

If this has happened to you then should reach out to Gowing Law Solicitors to help with your claim. Passengers who are involved in car accidents cannot be seen as liable. That means you have a high chance of getting a large pay-out to compensate you for your damages. Gowing Law can get you the justice you deserve and help you recover from your losses. Contact us today!

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Why am I “not at fault” as a passenger in a car accident?

If you are a passenger that has been involved in a car accident, you are more of a victim of circumstance than someone who could have been held accountable for the accident. You were not the person behind the wheel of a vehicle. Instead, you are known as a “third party”. That means you were involved in an accident but were not the cause of it. You were just a victim of bad luck. Even if you were distracting the driver, it is their responsibility to keep their attention to the road. Any accidents that happen are not your fault.

The vehicles you could be a passenger of include:

passenger compensation help

Can I claim compensation from any other party?

In special circumstances you could claim for compensation from a different party, outside of the drivers who were involved in the accident. After all, not all car accidents are caused by a negligent driver. Instead, it may be due to the environment of the road, bad weather or even due to engineering work or the basic design of your car. In these cases, you could make a car accident claim against:

Local authorities/government to fix faulty road surfaces, change broken street lamps or sort out potholes.
The engineer to fix any broken parts of the vehicle that they could have damaged when they last looked at the vehicle.
The manufacturer of the vehicle to have it replaced with a non-faulty vehicle.

If you have been a pedestrian in a car accident, you should bring up these options with your solicitor. They can make sure to help you figure out who is the responsible party to collect compensation from for your damages.

What sort of injuries could I suffer from?

Passengers have a few responsibilities in the vehicle to keep themselves safe. This includes wearing their seatbelt and not distracting the driver. A passenger in a car accident can still get hurt though, even if there is an airbag to try and cushion the blow. They could suffer from whiplash, internal bleeding or broken bones. In the worst case scenario, they could even lose limbs or suffer from head, spine or brain damage.

Whether a passenger has suffered from life-changing injuries or small wounds, they still have the right to make a claim for compensation against either party involved in the accident. Ultimately, it is up to them to decide whether or not they think the claim is worth their time and money. If the pay-out they get in return is very small then it is likely not worth pursuing.

Additional injuries may include:

  • Bruises, bleeding and fractures
  • Broken bones
  • Glass injuries
  • Burns
  • Paralysis and nerve damage
  • Back trauma
  • Fatalities

Let Gowing Law Solicitors know exactly what physical injuries you have and we can help you understand how much you could claim for your damages.

passenger injuries and emotional damage help

How will the drivers pay for my compensation?

Here at Gowing Law, we understand if you feel a little nervous about making a claim against either of the parties responsible for the accident. After all, they may be dealing with general and special damages claims from the other people involved in the accident. However, if you make a claim you will not be asking the person responsible to pay directly from their own funds. Instead, they will be paying from their vehicle insurance. If they do not have insurance then this could increase the amount of compensation that you are owed. After all, it is illegal to drive any vehicle without insurance. If this does happen to you, make sure to report the vehicle and driver to the police. You can then use the police report to serve as evidence for your case.

Can I still make a compensation claim if I was in the vehicle responsible for the accident?

It’s a bit of a common myth that if you are a passenger in a car accident, you can only claim compensation if you were inside the vehicle that was not responsible. However, this is not the case. You can make a claim because ultimately you were not responsible for the accident. As you were not in charge of the vehicle, it is the responsibility of the driver to keep you safe. You can even make a claim if:

  • The driver of your vehicle was distracted.
  • A mobile device or phone was used during driving.
  • Your driver disregarded the advice of road or speed signs.
  • The person driving the vehicle was under the influence of alcohol or drugs

Just keep in mind that whilst you can claim compensation, if you knowingly got into a vehicle with someone who could easily breach their “duty of care” whilst driving on the road, the amount of compensation you receive could be lessened. However, this is rare. In fact, in most cases it won’t impact your passenger settlement in any way at all. But it is something to be aware of. If you feel like you were partly responsible for an accident, speak to your solicitor about it. They can help you understand whether or not your compensation will be affected by the individual circumstances of your case.

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What kind of damages can I claim for as a passenger?

Just like a vehicle owner, a compensation claim will take into account all of the damages that you have suffered. These are separated into “general damages” and “special damages”. General damages take into account your physical suffering (i.e. physical and emotional trauma). Special damages will help you get compensation for your financial damages. Take a look at the infographic below to see more information on what exactly you could claim for as a passenger in a car accident:

what can you claim as compensation infographic

The more evidence that you keep about your damages, the more likely it is that you will be able to claim for more money. After all, you are not just putting forward a “he said-she said” case. You are demonstrating what your damages are, how you were damaged and the evidence to prove they happened. This should ultimately show that you were the victim of the accident and deserve to be compensated for your losses.

What evidence can I use to support my claim as a passenger in a car accident?

The more evidence you have to prove that you have a legitimate claim, the higher your compensation pay-out is going to be! That’s why it’s always better to have too much evidence than too little evidence. Now, you can take evidence from the scene of the accident or from the difficulties you encounter after the accident. You are trying to prove that you are victim of damages, therefore any problems you encounter in your day-to-day life thanks to your injuries can show that you are owed compensation.

Evidence you should consider includes:

  • Photographs of your injuries
  • CCTV Footage
  • Dash-Cam footage and video footage
  • Witness Statements
  • Police reports
  • Medical Reports
  • Financial Receipts
  • Communication with your insurance provider
  • Diary entries

Of course, if you do get hurt, make sure to put your safety above everything else. You can collect evidence later on. Just make sure to get yourself checked out for injuries so that anything hidden away does not get any worse.

care compensation claim.

What should I do if I am a passenger involved in an accident?

As stated previously, as a passenger in a car accident, the first thing you should do is get out of the vehicle and try and contact emergency services as quickly as possible. They will help you with any injuries and make sure you get treatment for internal damages. You may also want to contact the police so that a report can be taken down of the accident. If there is another party involved in your accident (i.e. another driver) you should leave your driver to speak to them about insurance details and contact information. However, you may want to note down their licence plate.

If you are well enough to collect evidence, if you see any witnesses then make sure to take down their statements or their contact numbers. You should also take photos of your damages and see if there are any other recording devices around the area (i.e. CCTV). But make sure you are well enough to do this. If not then focus on your own safety above anything else.

What should I do if the other party responsible for my injuries will not admit it?

Road traffic accidents (RTA) are complicated. This is because no matter what type of RTA claim you are involved in, the circumstances will always be different. In most cases, a settlement agreement will be drawn up between the different parties. That means that you will get an agreed amount of money for your injuries. However, if the party responsible does not admit to your damages, it is up to you and your solicitor to push forward with the claim. You need to use your medical records and evidence to come up with a settlement agreement. If they still refuse, you can bring the case to court. Here a judge will decide on whether or not you are owed compensation for your losses.

Should I wait to make a compensation case?

How much could I claim as a passenger in a car accident?

The amount you get from compensation depends on the extent of your damages and how bad your losses are. The more you have suffered, the more likely it is that you will get a bigger pay-out. Speak to a solicitor about getting an estimate for the amount of compensation you could be due. They can look at your evidence and your damages and give you a rough amount. Keep in mind this may change during the case or if you have a settlement agreement.

How long will it take to make a car accident claim?

Unfortunately, due to the current Covid-19 pandemic, it may take longer than previously to get you your compensation. As the UK courts were shut down to protect the public, there is now a backlog of cases. The UK courts are also prioritizing some more urgent cases over others. This is why you need to get in your claim as quickly as possible. That way the delays will not be too severe when it comes to your case. Speak with a solicitor to figure out a timeline or how long is required to deal with your claim. They can keep you updated.

Work with Gowing Law Solicitors on your car accident compensation claim

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Here at Gowing Law Solicitors, we understand that any type of road traffic accident can be traumatic to all parties. That’s why we want to help you get the compensation that you deserve. Our trained solicitors in Manchester can offer you free advice and consultations remotely to get you started. If you are happy with this and decide to work with us, we can work with you on a “no win-no fee” basis. This means even if we do not win your case, you will come out on top. That means there’s no risk to stop you from making a claim.

If you are ready to work with us, contact Gowing Law Solicitors today at 08000418350, email info@gowinglaw.co.uk or use our direct messenger located on our contact page. One of our team members will then get in contact to help you with your claim.

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Learn more about traffic accident claims

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We pride ourselves on having a law blog that is kept updated with the latest legal advice and information about the UK courts. Take a look through our blog page to read up about different accident claims and how we can help you with your claim. If you cannot find what you want to read, let us know! We would be more than happy to write about your suggestions or questions. Email info@gowinglaw.co.uk and we will write an article about your request as quickly as possible.

We look forward to seeing you in our next article.

Beauty Claims, Salons & Covid-19: How to keep safe

Beauty claims usually entail the claimant getting hurt inside of a beauty salon due to some type of accident. You may have suffered from a trip or a fall or perhaps were hurt due to the aggression of an employee. However, as you may have noticed, Covid-19 has become more of a risk factor in salons than any kind of physical injury. Lockdown has ended and beauty salons were officially allowed to re-open on the 13th July 2020. That’s why it’s essential for you to follow UK government guidelines to ensure that you remain safe.

It is also important for beauty salons to be implementing social-distancing in their stores. If they are not, you do have the right to send in a formal complaint. This is because they are not following official procedure for protecting clients and staff from Covid-19. If you do get sick, there is the potential to ask for compensation, however you will need to discuss this with your solicitor. Make sure to check out our beauty claims page to learn more about making beauty claims for compensation!

What beauty services are available in the UK?

Already, you may have seen that hairdressers have re-opened in the UK. Well, now you will see that beauty salons, nail salons, spas, tanning salons, and tattooists have also opened up their doors to the public. However, strict policies will be in place to safeguard any clients that wish to be pampered. According to the National Hair and Beauty Federation:

“Government officials have confirmed that face coverings do not need to be worn by the public in beauty salons, hairdressers or other close-contact services. These settings already have extensive protective measures in place including handwashing, screens, visors and social distancing. Clients may wear face coverings if they wish. Workers must wear visors but can wear face coverings as well (not instead).”

As you can see these are strict policies that must be adhered to if Covid-19 transmission is to be avoided. However, there are some services that still will not be available until after the 1st August 2020. This includes:

  • Facials
  • Eyelash tinting
  • Make-up services
  • Microblading
  • Facial waxing
  • Eyebrow shaping
  • Dermarolling/Dermaplaning
  • Facial electrosis

You will not be able to get any sort of facial treatment until later on in the year. This is to ensure the safety of both you and the staff of the salon.

beauty claims image about negligence and liability

What should salons be doing to keep you safe?

Beauty claims come from the negligence of employers. This is the same for work accident claims and employees. In any sort of commercial building or business, certain policies should be put in place to make sure that the people who enter the workplace are always safe. Understandably, different workplaces should have different rules. For instance, the rules on a construction site should be different to some sort of retail store. For beauty salons in particular, they should be:

  • Wearing face-masks/facial visors, gloves and glasses
  • Socially distancing customers through screens
  • Regular cleaning of equipment, tables and facilities
  • Staggering appointments and beautician/employee shifts
  • Limiting numbers of clients/employees inside beauty salons

However, there is a chance that they may not be following these new guidelines. Not every salon may take these new policies seriously, and some may think that they can simply go back to the way business was run previously. However, this is certainly not the case anymore. Make sure you are prepared to ask about their policies if you do not think they are safe.

Your beautician should be making you aware of all of the potential outcomes of your treatments and what is expected of you as a customer of the salon. If they do not, and you encounter a problem (be it Covid-19 or perhaps an accident in general) and it is not fixed, you may have the opportunity to make a beauty compensation claim if you get hurt. Take a look at our example below to see what could happen that could warrant beauty claims:

Case study of a beauty claim

Beauty Claims: What sort of accidents could happen in a beauty salon?

Outside of catching Covid-19, it’s important to think of the risks of visiting a beauty salon. That way if you are prepared in advance for any sort of injury, you can prove that you were not at fault for the accident. Remember, you can only ask for compensation if you can prove that the accident was not your fault. Instead, you need to show that the person/employee responsible for your treatment breached their “duty of care” during the services. This includes not: asking you to sign a waiver (aka. an acknowledgement that you understand the risks of the service); telling you about chemicals; asking you about your allergies; or doing a spot test before the treatment.

beauty claims and the definition of a duty of care

If you are involved in an accident in a beauty salon, this could include:

  • Slips and trips
  • Skin reaction
  • Cuts and burns
  • Waxing burns
  • Chemical burns
  • Sensitive skin damage
  • Infections
  • Violent altercations

Even the safest salons may occasionally have accidents that simply came about due to mistakes. However, if you do think that your injuries came about due to negligence, and that the accident could have been prevented, you can ask for compensation. All businesses are legally required to have employer liability insurance. That means they will not need to pay you out of their own money. Therefore, you do not need to feel worried about financially damaging the business that you are claiming from.

Keep in mind that if you did get hurt due to someone else’s negligence, you should still claim for compensation from your employer. This is because the injury happened during business hours and whilst you were working. That means they did not take the appropriate steps to protect you. Their duty of care has been breached.

Beauty Claims: Could I claim compensation for catching Covid-19?

Now, this is where things get a little more complicated. The Covid-19 pandemic is like nothing the UK has ever seen before. Many people are going to feel compelled to make injury and illness claims to their place of work and other types of public businesses if they catch Covid-19, especially if they have not been put on sick leave or on furlough. However, people cannot sue based on exposure alone. It entirely depends on whether or not you have suffered from damages or losses. You will also have to prove that it was the salon specifically that you caught Covid-19 from. If you have visited other places during the day then it is very unlikely that you will be able to prove that you caught Covid-19 from the beauty salon.

If you are thinking about making a claim like this, you will need to think carefully about it. Speak to a solicitor about your options and whether or not it is worth pursuing. They can advise you on your claim and let you know information about what sort of evidence you can use to prove your case. This may get complicated easily. For instance, if you caught Covid-19 from the salon, can you prove that it was due to someone else being positive in the same building? There is also a chance that you could be accused of not taking precautions to adhere to social distancing or face-protection. Having the appropriate law experience on your side can guide you in your claim.

Going back to work help

What should I do if I am injured in a beauty salon?

Traditionally, if you have had an accident in a beauty salon, the first thing that you need to do is report it to the employees. They are legally required to write it down in their work accident book. Make sure to ask for a copy of this statement to provide it with your evidence. You may also want to include CCTV footage of your accident to show an unbiased perspective of the events that occurred. With that said, make sure that your main priority is your health. You should go to hospital if your injuries are severe. Even if they are not, then make sure you go to a walk in centre or get first-aid to help assess whether or not you need medical attention or medication.

Now that you have reported your accident, if you are going to have a valid beauty claim, you need to provide evidence. If you don’t then it is very likely that you will either receive a lower amount of compensation or you may not get any pay-out at all. A court case cannot go in your favour if it is based on “he said-she said”. Instead, consider the following as examples of evidence that can prove you deserve to be compensated for your losses:

compensation evidence infographic

How long will it take to make a beauty claim?

This will depend entirely on how quickly you make your claim and how complicated the case is. You should never leave your claim till later, namely because you don’t know how much evidence you will lose. Not only that, but Covid-19 has caused a serious delay in the court system due to the lockdown. That means that it is very likely that it may take longer than usual to get your court date and to receive your compensation. If you are interested in pursuing a claim, it is recommended that you see a beauty claims solicitor for help. They can help you understand more about your claim and make sure that it is valid. You can never go wrong when you have an experienced legal representative on your side.

How much could I get from a pay-out of a beauty claim?

Again, this depends on the severity of your injuries and the extent of your losses. Some claimants could receive thousands if they have experienced life-changing injuries. A trained solicitor can help you estimate how much you could be owed in compensation. Make sure to write down your losses and provide evidence for each of them. The more evidence you have, the more likely that you will have a successful claim.

Gowing Law Solicitors can help you with your beauty claims

beauty accident claims

Beauty claims can be complicated to deal with if you do not have the right legal representation to help. That’s why you should ask for help from Gowing Law Solicitors. We are specialists in cosmetic negligence claims and are ready to help you get the pay-out that you deserve. Our help and consultations are free of charge. We can also work remotely to help you with your claim if you are worried about Covid-19. If you do decide to work with our experienced lawyers, we can offer our services on a “no win- no fee” basis. That means there is no risk for you to lose any money with our law firm.

Want to learn more? Why not contact Gowing Law today! We can be reached by phone on 08000418350, email at info@gowinglaw.co.uk and through our contact page. Once you have contacted us, one of our friendly team members will be in contact to discuss your claim. Let us know if you have any questions! We would be more than happy to answer them.

Want to learn more about cosmetic negligence claims?

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Gowing Law Solicitors keeps its blog updated with a series of different articles on beauty claims. Take a look at some examples below of our blogs:

Our blog covers a wide range of topics like financial mis-selling, public and workplace accidents, criminal damage claims and RTA compensation. We also talk about our latest projects, charity work and much, much more. All you need to do is click on our blog to learn more information about what we get up to. If you can’t find the topic you want, why not write in to us to let us know? We can cover it in our next blog! All you need to do is email info@gowinglaw.co.uk. We can then let you know if we can cover the topic.

We look forward to hearing from you soon and wish you the best of luck with your beauty claim!

How bad does my work accident injury need to be to make claim?

A work accident injury can be traumatic for anyone. When you go to any sort of on-site workplace, you expect your employer to always have your safety in mind. You have certain duties that you need to fulfil every day, but these should be carried out with your safety in mind. Of course, the type of injuries you have will depend on the type of profession you are in, as work environments can differ massively. For instance, injuries on a construction site are going to be very different to a retail store. Either way, if you have got hurt due to the negligence of your employer, there is a chance that you could claim compensation even if you have only suffered from small injuries.

In our interview with our operations manager, Elaine, we discussed how big a work accident injury needs to be for someone to claim compensation. Read on if you want to learn more! You can also visit our work accidents page to start you compensation journey with a trained solicitor in Manchester.

work accident injury claim compensation button

Does my work accident injury need to be bad?

One of the most important things you need to remember about work accident claims is that you can only claim compensation if you can prove that it is not your fault. In other words, you need to show that you were not the one who was responsible for your accident. In more formal terms, this means that you suffered your injuries due to the negligence of your employer. It does not matter how big your injury is. If your employer has failed to provide adequate safety procedures to help you carry out your daily tasks, you could be owed compensation. It does not matter what sort of accident at work injury it was. What matters is that you got hurt. This means that your employer has breached their duty of care.

employer duty of care infographic

How can I tell if my employer has been negligent?

For any work accident injury claim to be successful, it is imperative that you prove that you were not at fault for your own injuries. Your employer is expected to not put you in harm’s way. Instead, they should demonstrate a genuine care of their workers’ physical and mental health. Here are some examples of how your employers can demonstrate that they are fulfilling their duty of care:

  • Defining job duties
  • Writing up risk assessments
  • Providing a safe work environment
  • Protecting staff against bullying or harassment
  • Creating on-site areas for rest and breaks
  • Avoiding pushing staff in to excessive work hours
  • Protecting employees from discrimination
  • Asking workers for feedback

An employer has failed in their duty of care if they have not done everything in their power to ensure that an employee is kept safe whilst they are fulfilling their duties.

work accident injury claims for getting fired

How big does my work accident injury need to be?

If you have been injured at work due to the negligence of your employee, you can claim compensation for it! However, if you do want to get legal representation to get a pay-out, your injury must be serious enough that damages will be worth the case time and expenditure. Therefore, it is up to you to consider whether or not you think it might be worth it to pursue a claim. For instance, if you cut your hand whilst carrying boxes to your office, is this really worth getting compensation for? You may not get a large pay-out for it. Act sensibly and ask for compensation for injuries that have made you suffer some sort of loss. Here are some examples of what these losses may be:

Small Injuries

These may include cuts, sprains, bruises, falls, slips, trips or being hit by a light falling object. These may have been caused due to the negligence of your co-workers or a lack of training.

Medium Injuries

Example of medium injuries may include broken bones or teeth, repetitive strains, muscle injuries, injuries whilst handling heavy objects, injuries due to faulty machines or inhaling dangerous fumes.

Severe Injuries

These are life changing injuries that could result in disabilities or could even shorten the claimant’s life. They could include collisions, severe lacerations, lost limbs, electric shocks, exposure to loud noise, third-degree burns or injuries to the neck and the head.

work accident injury death help

How much does my injury need to be worth to get representation?

If you are interested in pursuing a claim, your injury should be worth around £1,000 in its pay-out. This should equate to around an injury of about two weeks. It may be difficult to find legal representation if you have an injury that is present for less than two weeks. Should you be struggling to estimate how much your injury is worth, you can get free advice from solicitors about a potential estimate. Once you know then you can consider whether or not you want to pursue with your claim. After all, the costs you are after may end up being something that you never recover. So, try and consider what sort of injuries would be worth claiming for.

You need to prove that you suffered losses due to your injuries and the outcome of the accident. The more evidence you have about these losses, the more likely it is that you will get a pay-out from your company’s insurance policy.

What should I do if I have a valid work accident injury compensation claim?

The first thing you should do is alert your colleagues and ask for your work injury to be written down in your company’s work accident book. You are legally allowed to have a copy of the incident to help back up your case. You can also ask for the CCTV footage to show that you were hurt during work-hours. If you have been hurt then you should also seek out medical assistance. However, you should also consider collecting evidence to back up your case. This may include:

  • Photos and Videos of your injury and the environment you got hurt
  • Witness statements
  • Police Reports
  • Medical Records
  • Receipts of financial losses
  • Diary Entries
  • Communications with insurance companies
  • Letters of grievance

The more evidence you have the better! This evidence can prove your losses and can show that you are fully entitled to a compensation pay-out. Make sure to show your lawyer your evidence so it can be organized efficiently and made ready for your court case.

Gowing Law Solicitors can help you with your work accident injury

work accident injury claim compensation button

Here at Gowing Law Solicitors, we understand that work accident injuries can be extremely stressful and traumatic to deal with. Not only are you trying to recover from your injuries, but trying to handle a court case can be difficult if you do not have legal experience. That is why you should get in contact with Gowing Law as quickly as possible. We can help you with your case! Our solicitors in Manchester can offer you free advice and consultations to help discuss your accident. These can all be done remotely to ensure that you can follow social-distancing regulations against Covid-19. This includes communication through video or phone calls, as well as sending your documents electronically.

If you want to work with our trained solicitors, our services can be given on a “no win-no fee” basis. That means that there is no risk to your claim. Should we not win your case, you will not have to pay any fees. Therefore you will always come out on top. So, what is stopping you from making a claim?

Contact Gowing Law Solicitors now by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by visiting our to use our direct messenger. One of our team members will be free to help you with your inquiry. Feel free to let them know if you have any questions.

Want to learn more about our work accidents interview?

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Whether you are an work-accidents experts or just want to learn about the basics, why not check out the rest of our interview series about work accident injuries with our operations director, Elaine? Check out our latest blogs below:

We update our blog every week with the latest content about public injuries, accident at work claims, RTA compensation, criminal injuries and financial mis-selling. That way we can help you with your claim before you even meet up with your solicitor. If you want us to cover a certain topic, why not get in contact with us? You can email info@gowinglaw.co.uk and we will write about it! Let us know if you would also like to be signed up to our weekly newsletter and we will keep you updated.

Gowing Law wishes you the best of luck with your claim and looks forward to working with you in the future.

Pedestrian Safety & Covid-19: What you need to know

Pedestrian safety is a big issue nowadays. Not only do pedestrians need to worry about being involved with accidents with traffic but there is always the threat for non-drivers of Covid-19 on public transport and in crowded areas of cities. Pedestrians are the most vulnerable road users as they can dart out on to the road without much warning, especially if they are trying to avoid coming into contact with groups of people. That’s why if you are vehicle driver, you need to keep an eye out for them. If a collision does happen, it is very likely that the pedestrian involved could sue for pedestrian accident compensation.

It is important that pedestrians feel safe if they are crossing the street, even if they are socially distancing from others on the street. However, if you have been involved in an accident whilst crossing a road, Gowing Law Solicitors can help you. Read our blog below to learn more information about pedestrian safety during the pandemic.

Pedestrian Safety & Road Traffic Risks

car accident case study

As a pedestrian, you are always at the risk of being involved in a traffic accident. Even if you are following the pedestrian rules of the road. According to a study in 2015, on average 14 pedestrians are seriously injured every day. Think about it this way. A pedestrian is not protected by a vehicle shell, similar to motorcyclists and cyclists, and therefore if they are hit by a vehicle, it is more likely that they will sustain greater injuries that could potentially be life threatening.

Pedestrian traffic accidents may include:

  • Hit and Run
  • Speeding vehicles
  • Darting out during changing traffic lights
  • Drunk Driving
  • Vehicle left hand turns
  • Reversing vehicle
  • Being “Doored”
  • Being pushed in to traffic
  • Illegal vehicle manoeuvres

As you can see, the roads can be extremely dangerous for pedestrians. That’s why, if you are a car driver, it is important to keep an eye out for them. This is because you have a duty of care towards everyone who uses the road. Pedestrians will need to cross the road, therefore you need to look out for them as well. That way you will to get yourself involved in a collision or a future pedestrian accident compensation claim.

pedestrian safety tips with vulnerable vehicles

Covid-19 & Pedestrian Safety

Now, Covid-19 has turned the world upside. Not only has the UK been through a lock down period, but now that it is easing, there is still a likely chance that a second wave will hit the country. People are going back to work and are creating social bubbles to try and reintegrate themselves in to society. That’s why it is more than likely that more people will be going outside and using public transport to get to quieter areas. If you are a pedestrian, you need to make sure to follow strict social distancing regulations to ensure your safety, as well as the safety of others around you.

To avoid catching Covid-19, you may want to consider following some of these safety regulations:

safety in public infographic

These are only a few of the examples of how you could socially distance as a pedestrian. In some cities they are considering putting up social distancing signs in crowded areas. Other places may even change the speed limit of their roads in order to promote bicycle and pedestrian use. One of the biggest changes is also in relation to traffic lights. In order to alleviate fears of spreading germs by touching a crossing button, the traffic light system may even become automatic or have a touchless feature installed to help pedestrians cross.

Active Travel & Pedestrian Safety

Another thing that drivers will need to be aware of is “active travel”. According to the BBC,

‘Transport Secretary Grant Shapps ordered English local authorities to make “significant changes” to give more space to pedestrians and cyclists. He said he would be setting up a £250 million emergency fund to encourage what he called “active travel”.’

This emergency fund was created in order to encourage more pedestrians to use the city streets for cycling and walking. This includes using the money to create temporary traffic orders that can install cycle lanes, create zebra crossings, close streets to traffic, and widen the pavement. Basically, it is to encourage more people to actually use the public space for walking. In turn, that means you are going to have to be aware of more people crossing roads. You do not want to be the reason behind an accident due to these changes. Instead, you will have to be aware of pedestrian safety measures.

Keep aware that the pandemic is going to change how we travel, as well as the use of cars and motorised vehicles on the road. The more pedestrians use the street, the more likely it is that a collision may happen. That is why you need to stay alert when driving.

Pedestrian vs Driver Negligence

If you are a pedestrian that has been involved in a traffic accident with a vehicle, one of the most important things that you can do is prove that you were not at fault for the accident. Many pedestrians believe that traffic accidents are solely caused by the driver. This is because they are more protected and so have more “responsibility” whilst they are on the road. Well, this is certainly not the case. Not all pedestrian accident claims result in the driver being at fault. In fact, there are a number of case outcomes where a pedestrian may be at fault for the accident. This is the sort of case where the pedestrian will not be awarded compensation even if they have suffered from injuries.

Examples of pedestrian negligence may include:

  • A pedestrian being distracted by their phone
  • A person crossing the road trying to beat an oncoming vehicle
  • People distracted by talking to each other and not watching the road

So, should you make a claim, it is important to know whether or not you were the main cause of the accident. If you were at fault for the traffic collision, it is unlikely that you will be able to get compensation.

Emotional damages in pedestrian accidents

What should I do if I have been in a traffic accident?

If you have unfortunately been involved in a car accident as a pedestrian, you may have experienced injuries that need to be looked at by a medical practitioner. These may only be minor, but in other cases you may also have sustained broken bones or traumatic head, spine and brain injuries. Make sure to focus on your injuries before taking down any evidence of the accident. Your health is what really matters, so get examined as quickly as possible.

With that said, there are a number of ways you can strengthen your case against any other party if they are liable for your injuries. The most important thing you can do is find evidence to prove you are not at fault:

  • Take photographs and videos of the scene. You may want to take pictures of the environment to detail where you were and what time it occurred. That way the driver who hit you cannot dispute it.
  • Images and videos of your injuries can help detail the severity of how badly you were hurt. These will be crucial in determining the amount of compensation you are awarded.
  • Information about the other driver’s insurance details and images of their vehicle.
  • Take witness statements and contact details from people who saw your accident.
  • CCTV footage may have captured your accident. Ask your solicitor to help you collect this evidence.
  • Call the police to get a police report taken of the accident. You can collect a copy of this report.
  • Save all receipts that have come from your expenses (i.e. medical and lost wages).

What can I claim for?

Now that you know how to handle an accident that you are involved in, do you know what you could actually claim for? Pedestrian traffic accidents can get complicated, especially if you solely set your mind on claiming for physical damages.

A solicitor can help you consider other options of compensation that include:

  • Emotional damages

  • Financial damages

  • Broken goods/property
  • Medical expenses

Your financial expenses may include wages that you have lost due to being away from work or the time you have spent in hospital. You can also claim for any medications that you have had to pay for or even recovery therapies (such as physiotherapy).

Make sure to look at everything that has happened in your accident. You need to consider cause and effect, as well as how has your daily life been impacted. These are what damages actually are. From these, a compensation tally can be totalled.

evidence and pedestrian safety tip

How much money can I claim?

Pedestrian safety is extremely important when it comes to sharing the road. However, if you have become the victim of a car collision then you may be considering how much money you could claim. Now, the first thing you need to know is that each traffic accident claim is different. Some people who have experienced life changing injuries may be able to claim thousands. However, others may get hundreds. It entirely depends on the extent of your injuries, whether the other party admits liability and the evidence of your losses. The more you can prove, the more likely that you are going to get a higher pay-out.

How long do I have to make a road traffic accident claim?

From the day of your accident, you have exactly three years to make a claim. We would recommend waiting at least two weeks to see the extent of your injuries and to process any evidence. Once you have sufficient evidence and know the extent of your injuries, this is when you should get in contact with a trained road traffic accident claims solicitor. They can help you understand the claims process and take the stress off you. This can really help if you have suffered severe injuries and are trying to recover. You may simply not have the time to make a claim on your own, especially if you have to balance work with your hospital appointments and work commitments. We can help you balance your schedule and make your claim.

Gowing Law Solicitors can help you with your claim

Pedestrian Accident Claims

Here at Gowing Law, we understand that pedestrian safety is key to helping people feel safe in public areas. It is not easy to recover from a collision with a car or any other type of vehicle. That’s why our trained solicitors are here to help you get the compensation that you deserve.

All of our experienced team in Manchester work remotely and so would be happy to assist you all from the comfort of your own home. They can offer free advice and consultations about your case. If you decide to work with our team of specialists, they can work with you on a “no win-no fee” basis. That means that you will not need to pay any fees if we do not win your case.

If you are interested in learning more about how we can help you with your RTA claim, please get in contact as soon as possible! All you need to do is call 0800 041 8350, email info@gowinglaw.co.uk or contact us directly through our live chat. This is located on our contact page. One of our staff will then get in contact with you as quickly as possible.

Learn more about RTA claims!

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If pedestrian safety near roads is something that you are passionate about, you will be delighted to know that we cover more about them in our blog section! This contains articles about different law issues, including safety and accident claims on the road. Take a look at some of our suggested reading below:

We also cover other topics about financial mis-selling, personal injury and accidents at work. Please let us know if you would like us to write about a question you may have. We would be happy to know your suggestions. If you message info@gowinglaw.co.uk we can also sign you up to our weekly newsletter.

We look forward to seeing you in our next blog!

Car Accidents & Whiplash: How much compensation could I claim?

Whiplash is one of the most common injuries that comes from car accidents. According to the BBC, the UK is known as the ”whiplash capital of Europe”. Apparently, for every traffic accident that is reported in the UK, there are around 2.7 claims made to insurers. This means that there are around 8 in 10 personal injury claims made for traffic accidents compensation in relation to your injuries. If you wore a seat belt, and were struck in a collision, it is very likely that the impact caused injuries to your back, neck and spine. Whiplash claims may sound simple, but with the amount of fraudulent claims made about this type of injury, you may feel a little nervous about making a claim of your own.

Here at Gowing Law Solicitors, we are here to support you with any sort of road traffic accident (RTA) claim. That’s why this blog is going to discuss whiplash compensation claims in detail, as well as what to do if you have recently been involved in a traffic accident.

What is Whiplash?

Whiplash gif

If you have suffered from whiplash, most people will assume that you have merely suffered from a minor injury. However, this type of RTA injury can have lasting effects that could make you feel uncomfortable throughout your life.

Whiplash is caused when your vehicle experiences a sudden jolt or movement (aka. a collision with another car. This causes the ligaments in your neck to suddenly stretch, damaging them in the process. This sort of injury does not have to occur due to a high-speed collision. Instead, it can be low speed and doesn’t need to actually take much force to occur. Normally, the average speed for whiplash to occur is between 5-10 mph. So, as you can see, it does not take a lot for any sort of driver or passenger to suffer from whiplash injuries.

Top tip about whiplash

Whiplash: The Detailed Description

Should you have gone to hospital to deal with an injury, you may be experiencing severe pain in your neck and upper spine. During your accident, the impact of the other vehicle hitting your own will cause your body to jolt forward. This sudden movement causes a sprain around your spine that can quickly become inflamed. Your symptoms may include:

  • Headaches
  • Dizziness
  • Limited mobility
  • Soreness
  • Jolts of pain
  • Overly stretched moments
  • Lack of flexibility
  • Muscle damage

Whiplash can also occur outside of a car accident. Keep in mind that it could happen to anyone who suffers from slipping over something. For instance, if you suffered from an accident at work, you may have slipped on an unmarked puddle, your fall could have damaged your spine and caused you whiplash. Keep this in mind when you make your compensation claim.

What vehicles do whiplash accidents usually happen in?

Honestly, a whiplash accident can happen to any sort of driver or passenger. Think about it this way, usually the type of injuries you sustain in a vehicle depend on the size of the vehicle, the amount of protection it has and the severity of the impact. Therefore, if you had a motorcycle accident or an accident on public transport, you could have been thrown to the ground or perhaps hit a different hazard when you fell. This combined with the jolt and the lack of safety restraints (aka. seat belts) may have made your injuries worse.

So, make sure to speak to a solicitor about the vehicle that you were in during the accident. It could make a different to the type of RTA accident compensation claim you are proceeding with to court.

the other vehicle image

What will affect a whiplash injury accident claim?

One of the main things you need to know about compensation claims is that they are all unique. This is because there are so many different circumstances that can affect the accident. What you need to prove is that you were not at fault for your accident, i.e. that you are not liable for the other person’s injuries. This is what will determine whether or not you are due compensation. However, the amount of money you receive will also depend on:

  • Whether or not the other person involved in the accident accepts blame
  • How severe your injuries are

Medical evidence will be needed to prove how bad your injuries are, that means that it is more likely that your case will be drawn out in order for your doctor to accurately present your physical losses. You may want to wait around 1-2 months to see the extent of your injuries. That way you can know exactly what you want to claim for.

Top Tips medical care needs

What is the claims process like for a Whiplash injury?

Normally, when it comes to a whiplash claim, there are four stages to make sure that your claim goes through without being invalidated. Working with a Gowing Law Solicitor can help you avoid any potential pitfalls and prove why you deserve compensation to help you recover from your injuries. Here are the basics of what you should expect if you want to go through with a road traffic accident compensation claim:

Infographic about whiplash

One of the most important things that you can do for any claims solicitor is to provide them with evidence. Whilst it does not matter whether or not anyone witnessed your traffic accident, if you do have evidence then this could show that you abided by the rules of the road. Instead you were forced to make emergency car manoeuvres to protect the people around you. That’s why evidence is crucial when it comes to proving that you were not at fault for your accident.

What sort of evidence do I need to prove I was not responsible for more injuries?

As you can see from Cathy’s case study, she suffered whiplash at the hands of a negligent driver. All drivers have a duty of care towards other road users. If they put them in danger then they have responsibility to help with their recovery through compensation.

If you want to prove that it was not your fault then you are going to need evidence. Once you have taken down the other driver’s insurance details, make sure to call the police to make sure that a police report is made. These police reports will detail the environment of the accident and take down both participant’s statements. This should show an unbiased perspective on the accident itself.

Additional evidence that can help your case may include:

  • Photographs
  • CCTV/Dash Cam/Video Footage
  • Witness Statements
  • Medical Reports
  • Diary Entries (Made on the same day)
  • Letters of Grievance
  • Reports made from witnesses about your future losses

What sort of losses can I claim for with a case of whiplash?

Before you think about your compensation claim as a whole, you need to consider what sort of losses have happened due to your accident. This can be more than just physical injury. Instead, you need to think of how the accident has impeded your daily life. How has it been negatively affected? That way, your solicitor can estimate what could help you return to your previous situation before you were hurt.

Losses may include:

  • Financial losses (aka. medical bills or lost wages)
  • Physical losses (aka. disabilities or injuries)
  • Emotional losses (aka. PTSD)
  • Vehicle losses (aka. a car that has been written off)

Your compensation costs will also cover any rehabilitation or therapies that you need to heal. Note down all of the potential losses you have made and the evidence to back them up. This will strengthen your case and show that you need financial assistance (aka. RTA compensation) to get back on your feet.

How long do I have to claim compensation for my whiplash?

Usually, we would recommend that you wait at least 2 weeks before you make your claim. However, you should claim RTA compensation within three years of the road traffic accident. The faster you make your compensation claim, the more likely that your solicitor can help you gather evidence to support you. Make sure not to rush your legal counsel. Whilst you may want to receive compensation as quickly as possible, if your compensation claim is complicated, it may need careful thought and a strategy put in to place to help you with your case.

How much compensation could I claim from a whiplash injury?

Now, this is where you have to be careful. Whiplash tends to be one of the most common accident claims there are when it comes to traffic injuries. That’s why in 2017, there was a crackdown in the UK about fraudulent whiplash injury claims. If your claim is genuine that means that you have every right to make a compensation claim. However, you do need the proof to show that you are telling the truth.

With that said, each RTA claims case is different. That means that the amount of compensation you receive will also depend on the extent of your injuries. If you can prove that you have been severely injured and that you do require compensation to help you with your recovery, you may get a bigger claim. If you have also experienced other injuries that could have caused you losses combined with whiplash, then again, you could be due a large amount of compensation.

Speak to your solicitor for more of an accurate estimate about your claim. Once they have your evidence and know all of the information of your case, they would be happy to give you a rough pay-out amount.

Gowing Law Solicitors can help you with your whiplash injury

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Whether you want legal counsel or advice on rehabilitation centres, Gowing Law Solicitors is here to help you with your RTA compensation case. Whiplash injuries can have severe consequences on the human body. Some people can get away with having minor pain, others find it extremely difficult to move around. That’s why our experienced team is here to help you get the pay out that you deserve.

We can offer you free advice and consultation services. If you are worried about Covid-19, these can all be conducted remotely or through communication devices. If you do decide to work with our experienced solicitors in Manchester, we can offer our services on a ”no win, no fee basis”. That way there is no risk to losing money with your claim. Instead, you will always come out on top and get the result that you want. Any fees required by your solicitor will always be upfront.

Are you ready to get your compensation? Contact Gowing Law Solicitors now by calling 08000418350, emailing info@gowinglaw.co.uk or by using our direct messaging feature on our contact page. A member of our team will be in contact with you as quickly as possible to answer any additional questions you may have about your RTA claim.

Please get in contact with our teams as quickly as possible. Due to Covid-19, the courts may have a back up of cases that they will need to sort. That means that your case may take longer than you initially expected. The faster you let us know how we can help you, the better!

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Gowing Law is proud that we keep our website and blog updated with the latest content about UK legal matters. Covid-19 has caused the world to turn upside down. That’s why we will make sure you know exactly what to expect from any sort of claims case. Whether you want to find out more about road traffic accidents or perhaps want to know about financial mis-selling, like mis-sold PPI tax reclaims. We can help you get the pay-out you need to get you back on your feet. Keep an eye on our blog to check out the latest legal topics.

We are also accepting requests for content topics and have a weekly newsletter that goes out to our clients. If you want to learn more about any of these, or perhaps want to see a certain topic covered, feel free to email info@gowinglaw.co.uk. We would be happy to write about exactly what you want to hear!

We wish you a fast recovery with your whiplash injury and look forward to seeing you in our next blog.