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Accidents at Work
Employers who employ people have a general duty to make sure that employees are properly trained in the way in which work has to be undertaken. Employers also have to make sure that the machines that people operate and the tools that people are required to use are safe and free from any hazard. Employers also have an important duty to ensure that a risk assessment is carried out to assess the risk to any employee who is about to undertake work to make sure that all reasonable precautions have been taken to make sure that the job is being undertaken as safely and carefully as it can be. Any breach of these duties will usually mean a successful claim for any injuries that have been caused as a result of an employers failure to either provide proper training or safe equipment. This is a detailed area of law and it is important to take advice as early as possible to make sure that a successful and properly argued case can be established against your employer.
Accidents on the Road
If you have been involved in a car accident which was not your fault, either because you were a passenger in the car and the driver of the car you were in, crashed, or alternatively, if you were a passenger or driver in another vehicle which crashed because of another driver's careless driving, then you will usually have a strong case for compensation for injuries that you have suffered. The test is whether or not the driver of the car who caused the injuries was driving carelessly which can mean that the driver was either driving too quickly, not paying sufficient attention or even driving in a car with defective brakes or tyres or steering. Because, by law, all drivers must be insured as a compulsory part of driving a motor car, a claim will normally be met by the road traffic insurer of the careless driver. If, for any reason, the driver who caused injuries was uninsured, or the driver after an accident leaves the scene or is untraceable for any reason, then a claim will be met by the Motor Insurers' Bureau. The same principles in relation to careless driving apply to pedestrians and to pedal cyclists who are injured, as well as to other road users such as horse riders.
Accidents in Public Places
These accidents involve injuries which could occur because the owners of shops or restaurants, for example, fail to clear up spillages. The general rule is that an owner or occupier of premises must make sure that those who visit the premises are not presented with anything which could be hazardous so as to cause an injury. If you think that you have been injured as a result of a lack of care on the part of the person owning premises, then contact us. These cases also include slipping or falling on the pavement or road. Here the local highways authority has a legal duty to make sure that the highway, such as a road or pavement for example, is kept safe and free from defects. Again, if you have been injured in these circumstances, call us without delay.
Defective Products
These cases can involve a purchase of something which is defective or fails and causes an accident. These accidents can involve things as diverse as an electric hair dryer which may blow up and cause injury for no reason, to the purchase of a pedal cycle whose forks fracture because of defective manufacturing process causing an injury to the cyclist. Again, if you think you have been injured in circumstances such as these, call the Emsleys Personal Injury Helpline.
Fatal Accidents
Claims which involve death are, naturally, amongst the most difficult for the bereaved. You need an expert solicitor who can advise as to the criminal implications of a death in these circumstances, assist you with representation at the Inquest called by the Coroner following the death of a loved one, and finally, to seek the appropriate compensation to make up for the past and future losses suffered when the breadwinner of the family is killed. These are difficult cases which require the experience of expert solicitors.
Please call Andrew Greenwood on 0844 939 0066 for more details.
Assault
A criminal assault will normally result in a compensation claim being made to the Criminal Injuries Compensation Authority. A claim for compensation by that Authority is funded effectively by the State and is based on a strict tariff guideline for injuries. In some circumstances, for example, an assault at work or an assault by bouncers at a nightclub, it may be possible to sue the assailants employer who may be held to be responsible. These are specialist cases and it is important that you contact the Emsleys Personal Injury Helpline for specialist advice as soon as possible.
0844 939 0066
Questions & Answers
Q - Can I make a claim?
A - That really depends on your individual case as each one is unique. By contacting one of our specialist team we can advise you on your options. However, if you have suffered an injury in the last 3 years that was not your fault you may well have a very good case for compensation.
It's also worth noting that if it's a child that has suffered injury, it's possible to make a claim up until their 21st birthday.
Q - Will pursuing the claim cost me anything and will I receive 100% of my compensation?
A - The vast majority of the time your case is funded on a conditional fee basis (no win, no fee). This usually means that our costs are paid by the defendant's insurer, so that your damages remain intact and you keep all your compensation.
Q - What's my claim worth?
A - The level of compensation you receive is dependent on many factors including the type of injury you have sustained, your recovery time, and any residual disability together with any financial losses you have suffered. Once medical evidence has been obtained a full valuation will be provided to you.
Have a look at our personal injury calculator to get an idea: Click here