Passenger injuries normally occur when travelling as a passenger in a car, bus, or any other vehicle that has been involved in an accident. You do not have to be in the driving seat in order to make a claim. If you were in a vehicle in which the driver collided with another vehicle, you can make a passenger accident compensation claim.

You have a right to make a claim as in the majority of cases, passengers are the innocent party. The driver is ultimately responsible for ensuring the safety of his passengers, and should anything happen to them, he has to be prepared to face the consequences.

Making a claim against the driver

Many passengers are reluctant to make a claim against the driver as it might be someone they know or are close to. However you should note that as long as the driver has basic car insurance cover, and third party insurance, he or she will be covered for liability for injuries to other people in the car (including passengers), liability for damage to other people’s property and liability for injuries to the occupants of other vehicles.

It is natural if you are feeling reluctant about making a claim against someone you know, however your actions will not bear any negative repercussions on them. They will most likely be making a claim on their insurance anyway, and their insurance provider will be liable to pay any compensation that you receive.

You should bear in mind that you are not just limited to making a claim against one driver only. If more than one driver was responsible for the negligence that ensued, which resulted in you becoming injured, then you can make a claim against both of them.

You should note that the amount of compensation you will receive will be affected by whether or not you were wearing a seatbelt at the time of the accident. If you were not wearing one, be prepared for the fact that your compensation may be reduced as a result.

Making the driver of the other vehicle involved accountable too

If a passenger does make a claim for accident compensation against the driver, the driver can request that the driver of the other vehicle be also held accountable for the collision. This is usually beneficial for the defendant, as if he or she brings the other driver into the equation it may help reduce the amount of compensation he or she might have to pay. This way each driver is responsible for paying their proportion of the compensation to the victim.

The trauma of the accident can often lead to passengers feeling shaky and disorientated. Quite often, the accident would have happened so quickly that the passenger may not have had time to witness what exactly happened. This might particularly be the case for passengers travelling at the back of the car, whose vision may be more limited. This is why it is strongly advisable that you seek the advice of a solicitor, who will be able to go through the case with you, and inform you on whether you have a claim and who you should claim against.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Lawyer, Travel accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Many passengers fall into a sense of false security when travelling in a car. It is quite easy to believe that the car will protect you, should anything happen and you become involved in an accident. It is quite dangerous to think this way, as in many cases, horrific injuries could have been prevented had the passenger been wearing a seatbelt. The passengers do not just have to live with the physical injuries of a road accident, but the psychological injuries too.

The most common form of injury complained about in road accidents is whiplash injury. A perhaps less talked about but still a commonly reported injury is seatbelt injury. It is not surprising that people suffer from seatbelt injury, particularly if you think about the impact of a car accident. When another vehicle slams into the back of your car or slams into the side of your car, you will be naturally jerked forwards or sideways. This jerk reaction will impact your body even if you are wearing a seatbelt.

Nonetheless it is essential that the driver and all passengers wear a seatbelt at all times. It has been proven time and time again that wearing a seatbelt reduces the likelihood of the passenger or driver suffering terrible injuries. Ever since the seatbelt was introduced into the public sphere, thousands of lives have been saved as a result.

Your seatbelt injury could have been caused by the negligent behaviour of the driver. Depending on the situation, it could be that the driver had been speeding unnecessarily or overtaking dangerously. The driver also may have ignored the weather conditions and be driving recklessly or in road rage. If you sustained seatbelt injuries as a result of the driver’s negligence then it is your personal right to make a claim.

What you should expect if you are involved in a road accident

Depending on the nature of the road accident, you could expect to have the seatbelt dig into your abdomen. This can result in you experiencing abdomen tenderness or even possible bowel injuries. Before you travel next it is possible to take some extra precaution in preventing these types of injuries occurring.

Many drivers loosely put on their seatbelts before taking off, without actually being aware that to avoid suffering personal injury, it is important to make your seatbelt as tight as possible. Seatbelts do save lives in the event of an accident so it is important that you ensure:

* You wear your seatbelt as tight as possible

* The lap belt should be worn over your pelvis and hips

* Wear the diagonal strap over your shoulders

Have you been in a road accident and suffered seatbelt injuries due to the driver’s reckless behaviour in driving? If you have then you have a personal right to make a claim and should contact our solicitors. Our solicitors will examine your case and advise you on your next step.

Ayesha Salim is editor of the UK Lawyers Network. Ayesha writes articles about road accidents, road traffic accidents and motoring issues. Please visit the website if you would like to see more of Ayesha’s work or if you would like to contact local solicitors or to talk with a personal injury lawyer.

Many of us shudder at the prospect of going to the dentist, as the very thought of someone drilling into our tooth opens up a house of horrors. However, it is well known that going for a check-up is good for your health and we know that we should place great trust into the professionals that are taking care of us.

In the majority of the cases, the dentists offer an excellent level of service to their patients. However, in some rare cases, mistakes do happen and this unfortunately leads to some form of injury to the patient. It is important to not confuse an unfortunate side effect of the treatment and the actual negligence on the part of the dentist. Some cases are very clear cut. For instance if your dentist was negligent in fitting your crown properly. As a result you are now experiencing trouble eating. It is possible that your dentist failed to spot a serious dental disease and now you are experiencing persistent pain. You may have even suffered permanent damage to your teeth.

The types of dental negligence

There are many types of dental negligence that can occur. The list below outlines some of the main ones:

Misdiagnosis in treatment

The dentist may be responsible for failing to recognise the seriousness of the patient’s dental problem, and as a result provides the wrong treatment. This could lead to serious consequences for the patient whom may suffer both psychological and physical pain as a result of the treatment. In these cases, it is likely that the patient will be entitled to compensation.

Carelessness by dentists

It is the responsibility of the dentist to perform the dental procedure to a high standard, up-keeping the patient’s personal safety at all times. This is essential as great trust is placed in the dentist carrying out the procedure. However, the dentist may be careless during the procedure and end up causing personal injury to the patient. This can give rise to a clinical negligence claim.

Inadequate treatment over a length of time

The patient is entitled to receive a high standard of treatment for their dental problems. In some cases, the dentist fails in this duty, and as a consequence the patient suffers personal injury. In order to make a clinical negligence claim, the patient will have to prove that another dentist in the same professional capacity would not have made the same error in judgement.

Drug usage

Giving the patient the wrong dosage of drug could lead to some serious implications for the patient. Similarly, analysing the patient’s forms is an essential part of the procedure which dentist’s should perform as there may be a record of a certain type of allergy that the patient has. If the dentist fails in these tasks, and the patient suffers personal injury as a result, this could give rise to a potential compensation claim.

If you feel that the dental treatment provided to you was below standard, and suffered injury as a result, you may be entitled to a compensation claim. Our specialist solicitor’s will be able to assist you in your claim if your dentist caused a dental accident which resulted in you suffering emotionally and physically.

Please note that in order for dental claims to be successful, it must be proven that the same treatment would not have been provided by a reasonable and competent member of the dental professional. Our specialist solicitors provide a sympathetic and friendly service, and will ensure that you have the best chance available in pursuing your compensation claim for dental injury.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about Solicitors, solicitor, Dental Negligence Claim, find a solicitor, legal, lawyer, law help advice, solicitors litigation

If you tripped over something in an aisle or slipped on some juice in a supermarket, you may be entitled to make a claim for compensation. This is not something many customers will think of, however if you obtained injuries through no fault of your won, then it is your personal right to make a claim for compensation.

Many customers may not actually be aware that all of the supermarkets such as Morrisons, Tesco or Sainsbury’s owe them a duty of care whenever a customer steps onto their premises. Customers should be safe when they are shopping and the supermarkets are responsible for their well-being. This can also include the supermarket car park.

What to do if you are involved in a work related accident

Thousands of workers are involved in various tasks in order to ensure that a supermarket operates efficiently. This incorporates a wide range of jobs which include cleaning, working on the checkouts, and shelf stacking. Depending on the type of work involved, obviously some of these work areas contain more potential hazards than others.

Many people assume that working in building sites and other industrial areas can be dangerous. However, working as a check out assistant has its own health risks. Check out assistants can suffer from repetitive train injuries in their wrists, shoulders and elbows. There is also a further risk in suffering from neck and back injuries, if their working area is not set up appropriately. Shelf stackers can face risks from lifting heavy objects or slipping on spills.

As an employee if you suffered an accident at work and feel that your employer is responsible for your injury, you may be entitled to make a claim. It is best to seek advice from a solicitor who will be able to help you on your next steps.

What to do as a customer if you are involved in an accident

If you happen to have an accident in a supermarket through no fault of your own, there are some things you should do in order to help your claim, should you decide later to make one.

Quite soon after the accident you should report it to the manager or to someone at the customer services desk. You will most likely be given an accident report form to fill In case you are not given a form you can ask for one or make sure that the accident is recorded in the accident book.

If you notice other witnesses around at the time of the accident, try to get their names and other contact details down. Furthermore, any pictures that can be taken will help your case, so if you do not have a camera available you can use the one on your phone if you have one. You should take photos of important details. All of this evidence will be beneficial to you in your claim for compensation.

If you have suffered an accident at a supermarket and are unsure on your next steps, our solicitors will assess your case and advise you on your next steps.

Ayesha Salim is editor of the UK Lawyers Network. Ayesha writes articles about supermarket slip claim, public place accidents and slips and trips. Please visit the website if you would like to see more of Ayesha’s work or if you would like to contact local compensation claims or to talk with a personal injury lawyer.

If a medical professional has been responsible for mishandling a cancer diagnosis, the consequences for the patient concerned can be extremely serious. Cancer can be linked to a number of different factors such as genetics or general lifestyle. Some factors work to increase the likelihood of someone developing the disease.

Many of the claims made in clinical negligence is the failure by doctors to diagnose or treat cancer. Signs that should have been spotted before are not. It is inexcusable in today’s modern day society with the advancements in technology to not effectively spot signs of cancer and treat the patient accordingly. Early misdiagnosis of cancer can have drastic consequences on the patient’s quality and life expectancy. In some instances, the misdiagnosis can be so serious, that treatment may no longer be a viable option, and the patient may be impacted severely.

What can you expect in making a claim?

In order to establish the doctor’s liability, the doctor will first be assessed against other doctors in the same speciality. Two fundamental questions will be asked:

* Did the doctor fall under the reasonable standard expected from doctors in his or hers speciality?

* What would the patient’s condition be now if the correct diagnosis had been initially made? And how will this compare with what actually happened?

Essentially the courts use what we call the ‘balance of probabilities’ test. Therefore, if the experts in this field argue that the correct diagnosis would have given the patient a 60% chance of survival, and the actual delay in diagnosis and treatment has reduced that chance to 40%, there will be compensation for that individual. The same rule applies to any other serious flaws in treatment. However, if a 40% chance had fallen down to 20%, there would be no compensation for that. This is because the survival rate was less than probable in both cases.

The balance of probabilities test has proved to be controversial as many commentators have argued that it can provide unjust results for some of the patients. Nonetheless, it is the law that is applied today, and the process that will have to be gone through for anyone making a claim.

Forms of misdiagnoses made by doctors in cases of breast cancer:

* Failure to follow up on test results

* Failing to order new tests

* Failing in spotting early symptoms

* Confusing the tumour for an infection or diagnosing the tumour as benign

* Failing to spot an obvious lump during an examination

These are just some of the critical mistakes that doctors have been known to make. Critical mistakes that lead to great trauma and anxiety for the individual involved. An early diagnosis would have prevented a lot of the suffering faced by the individual.

If you or someone you love has been affected and are concerned about the type of treatment you have received, our specialist clinical negligence solicitors will be able to offer you advice with compassion and understanding. Our solicitors will provide you with assistance and guidance in pursuing your compensation claim.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Personal injury Lawyer, cancer negligence claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation

The number of claims for repetitive strain injury have risen considerably with increasing use of computers. This form of injury can be avoided if precautions are taken. It is the employer’s responsibility to provide a safe working environment for its employees.

Repetitive strain injury claims are not that easy to claim for due to their complexities. For example, many people use computers at home also. In some cases it would be difficult to differentiate between obtaining RSI at home or at work.

However, if you are sure that your injury was caused at work due to your employer’s negligence, then you should make a claim. It is only in the employer’s best interests to provide stress-saving items to staff members.

What causes repetitive strain injury?

Repetitive strain injury can sometimes be referred to as Work Related Upper Limb Disorder. The most common symptoms sufferers experience can be stiffness, tingling, and swelling. These symptoms are normally associated with work processes that have caused repetitive strain in the upper limbs. It has been reported that around two thirds of office workers suffer from RSI, however are unaware that they can even make a claim.

The employer should ensure that the employee takes regular breaks from using the keyboard as this is a very common cause for RSI. It is also important to adjust the PC monitor to the correct height and to have wrist rests available for the employee. Repetitive use of the mouse can also be the cause for RSI. The symptoms are often due to continuous muscle contraction caused by being in a fixed position for too long whilst the limbs are unsupported or supported in the wrong manner.

As an employee if you have developed RSI as a result of prolonged keyboard and mouse use, it may be possible to make a RSI claim against your employer. The amount of compensation you can claim for will highly depend on the severity of your injury. In order for your case to be analysed the best way possible, it is recommended that you contact a solicitor as soon as possible. The solicitor will give you the appropriate information you need and help you in your claim forward.

Technology is advancing rapidly with laptops and other gadgets getting smaller to make it easier on the move. Seeing people working on their laptop or blackberry on the train or bus is a regular thing. However, this has also increased the risks of them obtaining RSI, particularly if they use these devices all day at work as well. The risks of them obtaining RSI become higher due to the smaller and closer-situated buttons. Commuters often work in uncomfortable positions as well, which makes the effects of RSI particularly more serious.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about compensation claims, Personal injury Lawyer, Work accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Many people do not realise how easy it is to contract food poisoning if they are not careful. Although most restaurants and cafes are very careful in preparing food for their customers, some fail the hygiene test causing their customers to contract the bacteria. Some of the cases of food poisoning can vary from being relatively minor to being quite serious.

Food poisoning usually occurs after we eat or drink something that is infected with bacteria. Bacterial poisoning usually occurs when the food has not been heated, stored, or cooked properly. In addition, it can be caused by bad hygiene on the part of the chefs preparing the food. Failing to do simple things like washing hands or using clean utensils can all contribute towards causing food poisoning.

What are some of the symptoms of food poisoning?

Many people react differently after contracting food poisoning. This is why there is no one way of knowing how soon a person will become ill or how their body will react. Some people notice the symptoms straight away, whilst others take longer to react. The individual’s health history and the seriousness of the food poisoning are also determining factors on how ill the person will become. The most common symptoms, however, of food poisoning usually involve prolonged stomach aches, dehydration, vomiting, and fever. These can usually be cleared up after seeking appropriate medical advice. However, the more serious cases can sometimes lead to death.

E-Coli food poisoning

This type of bacteria is found in the lower intestines of healthy mammals. If this bacteria is transferred to food it can cause food poisoning if ingested. A way to avoid this from happening is to make sure that you wash and cook food thoroughly. Washing your hands after touching the food will also be an extra precaution to avoid transferring the bacteria to other food through touch.

Salmonella food poisoning

Salmonella bacteria is usually found in meat and poultry, eggs, and unpasteurised milk. It can also be found in seafood such as prawns and sushi. The same precautions as E-Coli poisoning should be taken here. Firstly, it is important that you heat food thoroughly, particularly with regards to meat. Secondly, it is also important to wash hands thoroughly after handling the food to avoid transferring the bacteria to other food.

It is important you take these steps as once contracted, salmonella food poisoning is particularly hard to get rid of and has the potential of causing serious long-term health problems. The elderly are especially vulnerable as are the ones with a history of health problems.

Am I entitled to make a claim?

If you ate something which you believe led to you suffering from food poisoning and believe this was as a result of another person’s negligence, you may be entitled to make a personal injury compensation claim. You may even be entitled to compensation if you contracted food poisoning whilst abroad on a package holiday.

If you wish to make a claim you will need to provide us with supporting documents to help your claim. These can include any medical reports from your GP and relevant receipts from restaurants. Our solicitors will assess your case and help you in your claim.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Lawyer, accident compensation, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Tripping and slipping accident claims are quite common as members of the public trip and fall on various substances on a regular basis. In order to make a successful claim the claimant has to prove that someone else was legally responsible for the accident occurring. If the accident occurred in someone else’s premises the occupier of the property could be held liable for not keeping the premises in reasonable condition. The main question normally asked is ‘what is a reasonable condition?’ The notion of ‘reasonableness’ will depend on a number of factors. In order to escape liability, the defendant will have to invoke statutory defence, by proving in reference to written records that they have a regular inspection regime in place, and have responsibly kept the location where the accident happened in reasonable condition.

Personal injury claims that are made due to tripping and falling in a public place may well succeed if it can be proven that it was caused by the condition of the location.

Accidents in the street

According to Section 41 (1) of the Highways Act 1980 there is a direct duty to maintain the highway at Public expense. This was summarised in the case of Griffith v Liverpool Corporation 1967 where it followed:

“The duty at common law to maintain, which includes a duty to repair a highway, was not based in negligence but in nuisance. It was an absolute duty to maintain, not merely a duty to take reasonable care to maintain, and a statutory duty which replaced it will also be absolute.”

This means that the local and highway authorities are responsible for ensuring that inspections are carried out regularly on road surfaces, and that they are maintained in a reasonable condition.

For the claimant to succeed, it will have to be demonstrated that the part of the road where the accident occurred was not reasonably safe, and that it was the serious defect in the road which caused the accident. This is where the notion of ‘reasonable condition’ comes into place. In some cases it is difficult to establish what is ‘reasonable’ as there may be many factors involved.

Accidents that occur in other public places

In some cases the accident can occur in another public place such as a shop, supermarket, or a place of entertainment. In these circumstances the occupiers of the building are under a duty of care to ensure that members of the public remain safe whilst on their property. The general surroundings of the premises should be secure and not pose a danger to members of the public. Accidents which occur in supermarkets are quite common due to people falling or tripping on some form of slippage. The defendants will have to provide evidence that they had reasonable protection in place when the accident occurred.

Important points to consider

* Make a note of exactly where the accident happened

* Write down any relevant names, addresses, and telephone numbers of witnesses

* Seek medical attention from a doctor for any injuries suffered no matter how insignificant

* Contact the relevant authority detailing the defect/accident

* Take photographs as soon as possible of the scene of the accident. Photographs of the clothes and shoes should be taken instantly following the accident

* Any physical injuries should also be photographed

Ayesha Salim , editor of the UK Lawyers Network, writes articles about accident claims, Lawyer, slip accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Thousands of people all over the UK make the decision to undergo plastic surgery. For many, it is a personal choice influenced by wanting to feel good about themselves. Others have other reasons. The patient is likely to be feeling nervous about the operation, and the surgeon performing the surgery needs to ensure that they receive the highest level of care. Prior to 2002 the plastic surgery industry was largely unregulated. However, this changed when the National Care Standards Commission introduced regulations. Under this scheme, the clinics and surgeons are under the responsibility to ‘ensure the safety and well-being of individuals having treatment’. This means that all the doctors registering after April 1st 2002 cannot perform plastic surgery without first completing specialist surgical training. It should however be noted that this only applies to doctors registering after this date, not before.

On most occasions the surgery is carried out by a qualified surgeon, however in a few rare instances this is not the case. If you feel you have been in this situation and would like help, we should be able to assist you.

Claiming for compensation

You will be feeling horrified by the botched surgery, and now will be looking to seek a claim. You can be rest assured as every plastic surgeon that operates on you owes you a duty of care during and after the operation. Under their wing, you should be able to feel secure in the knowledge that your operation will go well according to the correct and agreed procedure.

If your plastic surgeon caused you to suffer significant injuries or scars as a direct result from the surgery, then it is very possible that their duty of care towards you has been negligent.

You should note that a good plastic surgeon will always:

Be qualified

Take you through the procedure carefully outlining what the benefits are to you

Go though all the risks involved in the surgery

Discuss alternative options with you

Give you the opportunity to think about your options

Regrettably, you may be experiencing the after effects of a botched surgery that has scarred you both physically and mentally. In these circumstances you have every right to be able to make a plastic surgery compensation claim.

There are a number of things that can go wrong in plastic surgeries, however some of the more common complaints include the following:

Inadequate information being given to the patient regarding the risks involved in the procedure

Nerve being damaged during a facelift

Major scarring during a procedure such as liposuction

Unanticipated scarring on the face during a facelift procedure

The serious errors outlined above are just some of the types of claims that are made by patients. However, any patient who has suffered one of these claims will be able to make a successful plastic surgery compensation claim.

Our clinical negligence solicitors have a great deal of experience in dealing with patients that have been traumatised by the effects of surgery. It is understandable that not only will you be feeling physically self-concious, but your personal self-confidence would have also been affected. Our advisers will seek to understand your individual situation, and will always treat your case with great sympathy and compassion.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Personal injury Lawyer, plastic surgery claim, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Patients who have been caused great distress by medical treatments that have gone wrong are entitled to demand an explanation. Medical practitioners in charge of their patients are ultimately responsible for their patient’s well being and every possible step should be taken to ensure a high level of service.

In order for a claim to be brought forward, the patient will need to show that the treatment provided by the medical practitioner was substandard, and that this resulted in the physical or mental injury to the patient. Despite doctors and other medical practitioners generally providing a high level of service to their patients, there have been reported incidents where patients have complained about not being notified on possible risks in treatment, and many other careless mistakes that should not have happened.

According to the statistics, around two people a week find surgeons have left behind foreign objects such as clips and screws, and surgical swabs. In the past year alone, the highest payouts included 115,000 to a person who had the tip of a needle left inside them, 75,000 to a patient who later found a surgical clip, and 60,000 to someone who still had ‘packaging material’ inside them after an operation.

Liability for medical negligence can apply to a range of medical professionals, these include:

privately funded hospitals

privately funded health practitioners

privately funded health practitioners

Dentists

GP’s

The Duty of Care explained

Medical practitioners owe their patients a duty of care, however in some cases they fail to do so. If the patient can prove that the treatment they received was below standard, they should be able to bring forward a claim. The method of treatment they received will be compared to other medical practitioners working in the same field.

It is expected that the medical practitioner should take personal accountability for keeping up to date with current developments in healthcare, and that this will be questioned when an error is made. The assessments will be made in accordance with the current medical trends prevailing at the time of the Incident. It is essential that in order for the patient’s claim to be successful, it will have to be shown that the medical practitioner in charge of the patient contributed substantially to the patient’s injury. Quite often medical cases can be complex, with the patient suffering from a variety of different illnesses. Therefore it will need to be proven that the damage caused by the medical practitioner was separate to the patient’s underlying condition.

As the area of clinical negligence is highly complex, it can be difficult to establish whether it was the doctor’s error that substantially contributed to the damage suffered. Thus, the patient will have to prove that the medical practitioner’s error was an isolated incident that contributed to the damage or injury caused to the patient.

In the case of was Bolam v Friern Hospital Management Committee it was stated that ‘the test as to whether there has been negligence or notis the standard of the ordinary skilled man exercising and professing to have that special skill. A man need not possess the highest expert skill; it is well established law that it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art’.

According to the case, if another recognised medical body of practice in the same speciality can give evidence that they would have used the same method of treatment, then the medical practitioner may not be held liable. One problem with this can be when there is more than one way to treat a condition. However, if the medical practitioner can find another doctor who supports his choice of action, then it is very unlikely that the court will find the medical practitioner liable.

Whilst a doctor may have a defence, it has now been estimated that clinical negligence payouts by the NHS are expected to rise by 80% next year. With the average victim pocketing 17,900 the mistakes have cost the NHS a total of 9 million over the past five years, with payouts made to more than 550 patients.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about accident claims, solicitor, Accident compensation, find a solicitor, legal, lawyer, law help advice, solicitors litigation