Personal Injury
and Accidents
•
Road Traffic Accidents
• Work Place Accidents
• Trips and Slips
• Medical
Negligence
• Holidays
• Faulty
Products
• Victims
of Crime
• Industrial
Disease
• Paying for
our services
Every year over 3 million people
are injured in accidents in UK. Many of these accidents are not the fault of
the person injured, and that person may be entitled to compensation. Foys’
lawyers have dealt with a wide range of compensation claims, and can advise
on the most effective way to deal with most cases. Some of our lawyers are members
of specialist panels which are testimony to their expertise.
Nigel Walshe in our Doncaster office is a member of The Law Society’s
Personal Injury Panel.
Nigel Walshe in our Doncaster office is a member of the AvMA (Action against
Medical Accidents) referral Panel.
Nigel Walshe in our Doncaster office is a member of APIL (Association of personal
injury lawyers).
Andrew Firth in our Rotherham office has an advanced professional diploma in
personal injury litigation.
Some of the information in this section may be useful if you have had an accident
of injury, but our lawyers would be more than happy to assess individual cases
at a free first interview in one of our offices. You can also email us by clicking
on this link keithg@foys.co.uk,
or complete the form in our enquiries section.
Road
Traffic Accidents
Road traffic accidents are among the most common type of
accident. Anyone injured in a road traffic accident, whether a driver or passenger,
may be entitled to claim compensation. It is compulsory for drivers of vehicles
to have insurance cover, which will have a provision for personal injury claims.
Whilst the injured person’s claim is against the person who caused the
accident, it is usually that person’s insurance company which pays the
compensation. It is also possible to claim compensation from drivers who do
not have any motor insurance, or who drive off without stopping after an accident.
In these cases, the Solicitor will contact a government body called the Motor
Insurer’s Bureau, who will consider the case.
Accident claims must normally be made within 3 years of the date of the accident,
except in the case of children who can make a claim within 3 years of their
18th birthday, irrespective of when the accident happened. It is advisable to
contact a Solicitor as soon as possible, so that the case can be assessed, but
there are some exemptions to the usual time limits.
Medical evidence of any injury will usually be required, so when making a claim,
the injured person will normally require an examination by a specialist –
which the Solicitor will normally arrange.
There are steps which an any injured person can take to help any claim for compensation,
such as:
• Report the accident to the police.
• Notify the insurer, no matter whose fault it was
• Seek medical attention immediately after the accident, and keep details.
• Get photographs of the scene of the accident if possible.
• Keep a note of any pain and suffering.
• Keep a note of any witnesses, and any help that was given
• Keep a note of any expenses incurred, any losses and any assistance
obtained from other people.
Work Place Accidents
Accidents at work are fairly common, and as it is an employer’s
responsibility to ensure the safety of their employees, the injured person may
be able to claim compensation against the employer.
Employers must ensure that the work place is safe. Staff must have adequate
training for the job they are carrying out, such as for the equipment they are
using for lifting heavy items. The work place must be safe and not slippery
or blocked. Machinery and equipment must be safe and properly maintained and
the correct clothing and protective equipment must be provided for using it,
such as goggles, ear protectors etc. Safety helmets and boots may have to be
provided in some cases, and proper chairs and screens provided for people who
use VDUs. Employers must also make sure that their staff are capable of the
level and quantity of work they are carrying out.
Naturally, many employees are reluctant to take action against their employer,
but employers do have insurance which covers such events, and it is the insurer
that will pay for any damages.
It is important that anyone injured at work follows the employer’s own
accident procedures, which should include entering details of the accident in
an accident book. However, there are also steps which the injured person should
take if possible, such as taking photographs, making notes, getting details
of any witnesses, keeping details of any expenditure incurred, and seeking medical
advice as soon as possible.
It is unlawful for employers to dismiss employees for making an accident claim
against them.
Trips and
Slips
Trips and slips can happen anywhere and can cause serious injuries. Slippery
surfaces, uneven pavements or roads or holes in the road for example, can all
be potential hazards. Where they happen in a public place, where someone, such
as the Local Authority or owner of the premises has a responsibility to maintain
the area, the injured person may be able to claim compensation for their injuries.
As with any injury, it is important to seek medical attention promptly and to
gather as much information as possible. Photographs of where the trip or slip
took place are useful, names and addresses of any witnesses should be taken
and notes kept on expenditure etc. The accident should be reported to the appropriate
authority quickly, but it is also advisable to take legal advice as soon as
possible, so that lawyers can give the best possible advice.
Medical Negligence
Victims of medical mishaps or errors may be entitled to compensation. Such cases
are usually very complex and require specialist lawyers to deal with them. Foys
is one of the few legal practices in the region to be awarded the highly accredited
Specialist Quality Mark by the Legal Services Commission. This allows us to
offer our clients public funding (legal aid) where our clients are eligible.
Under the supervision of Nigel Walshe, who is a member of the specialist AvMA
(Action against Medical Accidents) Referral Panel, Foys is able to help victims
of medical accidents such as:
• Gynaecological/obstetric
• General surgical
• Orthopaedic cases
• Cerebral Palsy and other cases involving children
• Claims against dentists, GPs, Opticians or other clinical providers
• Claims whilst in residential care
• Fatal accident cases
Normally court proceedings have to be started within 3 years of the date of
the accident. However, if you did not know that you had actually suffered because
of the mishap until sometime afterwards then the 3 years starts to run from
when you first knew about the injury caused. There are very limited circumstances
when it is possible for the court to allow claims outside the 3 year period.
Despite the 3 year limit, it is always best to act early whilst the memory of
events is fresh. If we can act early, then the majority of cases can settle
in the 3 year period without the need for court proceedings.
Contact Nigel directly at nigel.walshe@foys.co.uk,
or complete the form in the enquiries section of this web site.
Holidays
Accidents happen whilst on holiday abroad, in the same way as they do at home.
Trips and slips, accidents as a result of poorly maintained equipment or unsafe
public areas for example can all be causes of injury and ruined holidays. It
is possible to bring a claim against package holiday firms for such accidents,
and the claim can include compensation for pain and suffering as well as disappointment
for a ruined holiday. If necessary it is also possible to sue hotels, businesses
and authorities overseas.
As with any injury, it is important to seek medical attention promptly and to
gather as much information as possible. Photographs of where the accident took
place are useful. Names and addresses of any witnesses should be taken and notes
kept on expenditure etc. The accident should be reported to the appropriate
authority quickly, and legal advice sought soon as possible, so that lawyers
can give the best possible advice.
Victims of Crime
Anyone who is injured as a result of a violent crime, and this can include psychological
injury, may be able to claim compensation from the Criminal Injuries Compensation
Authority (CICA). The claim needs to be submitted as soon as possible, usually
within 2 years of the injury, and will only be considered after this date under
special circumstances.
Compensation is based on an escalating tariff of awards, having 25 levels. Level
1 is £1000, and level 25 is £250,000 (correct as at October 2005)
The level of award depends on the severity of the injury. Very minor injuries
such as cuts and bruises are not likely to qualify, although multiple minor
injuries may. Loss of earnings may also be recoverable if earnings are affected
for more than 6 months.
Fatal injuries can also be compensated. Dependants and relatives (including
long term unmarried partners) who were supported by the deceased can make the
claim.
Claim forms can be obtained from Foys.
Industrial
Disease
Skin disease
Skin disease, such as various forms of dermatitis and eczema can result from
exposure to a variety of substances, related to a wide range of occupations.
Just a few examples are chemicals, detergents, cement, resins, perming solutions,
dyes and even shampoos.
Employers are under an obligation to ensure safe exposure to any skin irritants
by understanding the products properly, giving proper advice to employees concerning
their use and providing the correct protective equipment such as gloves, glasses,
overalls etc. If they do not, the employee may be entitled to claim compensation
for damage to the skin as a result of exposure to such irritants. A medical
examination and report will be necessary, and this can be arranged by a lawyer
pursuing the compensation claim.
Industrial deafness
Employers are under an obligation to assess and reduce the risk of exposure
to noise for all employees. They must advise employees of the risk, and the
steps which should be taken to reduce it. Depending on the level of noise, employers
must either provide ear protection if requested by an employee, or provide ear
protection without waiting for a request from the employee and take reasonable
steps to ensure that it is used. Also, in areas where the noise is above a certain
level, notices must be visible advising that the area is an ear protection zone,
and that ear protection should be worn.
If medical examination can show that deafness has been caused by exposure to
excessive noise in the workplace without proper ear protection (since 1963),
it may be possible to claim compensation from the employer.
Vibration white finger (V W F)
Exposure to significant vibration transmitted through the hand can lead to what
is know as vibration white finger (V W F). Symptoms include whiteness, numbness
or tingling of the fingers, often after exposure to the cold. There may also
be effects on the wrists and arms, including loss of strength. Sufferers may
have difficulty in handling small items.
The disease is usually associated with industrial industries such as mining,
steel and engineering where equipment likely to cause the vibration is used.
As employers have been aware of the dangers of this type of equipment since
the mid 1970’s, it is possible to pursue compensation claims against them.
The claimant needs to prove that he or she is suffering from the condition;
that the employer was aware of the danger; that the condition was sustained
as a result of exposure in that workplace and that the employer did not seek
to prevent or reduce the exposure.
Foys’ lawyers have a wealth of experience in pursing compensation claims
from employers or previous employers, including assisting miners to make applications
through the British Coal Claims Handling Agreement Scheme, which is government
funded and was set up specifically to compensate miners suffering from V W F.
The deadline for bringing about V W F claims through this scheme has now passed,
but claims can still be pursued under common law.
Respiratory diseases
Employers are under an obligation to assess and reduce the risk of exposure
to irritants that can cause respiratory diseases – that is damage to the
lungs caused by inhalation of such irritants. They are required to provide protective
equipment such as ventilation systems and breathing apparatus, along with training
on how to use such equipment. If an employer does not provide this, a sufferer
may be able to claim compensation from them.
Several industries are associated with the risk of respiratory disease and these
include forestry, carpentry, hairdressing, construction, textiles, manufacture
of drugs, and nursing for example. However, industries especially at risk are
mining, asbestos, farming and resins.
There are several types of respiratory disease that can result from working
in these industries such as asbestosis, emphysema, occupational asthma, occupational
bronchitis, pneumoconiosis, silicosis, pleural disease, mesothelioma and chronic
obstructive pulmonary disease.
For further information on industrial disease please contact Alison Noble at
alison.noble@foys.co.uk,
or complete the form in the enquiries section of this web site.
Paying
for our services
We always offer a first appointment free of charge, during
which we will assess your case. During this interview, our lawyers will advise
you of what our likely costs will be for any further work that you wish us to
carry out. Our fees are charged on an hourly rate, based on the amount of time
we are likely to spend on your case, and the level of experience of lawyer dealing
with the matter. We will also advise you of what other costs may be incurred,
such as medical examinations, experts’ opinions, and Barristers etc. We
will discuss any potential changes in this estimate with you throughout the
case
There are a number of different ways in which claims can be funded and we will
discuss with you the most appropriate method of funding your particular case.
Foys Solicitors is Authorised and Regulated by the Solicitors Regulation Authority SRA No 00048529
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