Know the Requirements and Compensation for Medical Negligence Claims

Take a look at the two common questions raised by people who intends to file for medical negligence claims in the United Kingdom.

1. What are the requirements for medical negligence claims in the UK?

A person who wants to bring a claim needs to meet the law requirements for personal injury. First, it is essential to prove the existence of duty of care. Healthcare providers and healthcare professionals are responsible in rendering a standard of care. Both inpatient and outpatient facilities are covered in the claim. Inpatient facilities include hospitals, and nursing homes. Outpatient facilities include doctor’s offices, dental clinics and medical laboratories. Healthcare professionals such as doctors, surgeons, physiotherapists, dentists and nurses are responsible to render a standard of care. Second, a breach of duty needs to be proven. A healthcare professional who failed to render a standard of care such as a misdiagnosis, wrong treatment and incorrect prescription of drugs has breached a duty of care. Third, causation between the breach of duty and injury needs to be established. It is necessary to prove that a malpractice is the cause of the injury. Lastly, an injury needs to be proven. Injury can be physical or psychological. A medical report should be submitted to establish the validity of the claim.

2. What are the kinds of compensation that can be granted to a claimant?

Medical negligence claims compensates for sufferings endured by the claimant. General and Special damages can be granted to the claimant. The first one compensates for the non-quantifiable aspect while the second is a compensation for quantifiable aspect of the claim.

General damages pertain to the physical and psychological pain endued by an individual. It includes loss of enjoyment of life, loss of reputation, disfigurement, impairment, loss of use, loss of consortium and loss of income opportunity. On other hand, Special damages compensates for the economic loss experienced by a person after the incident. It includes loss of income, medical and care costs, travel expenses and other expenses. Both actual and estimated losses of earnings are included. It takes into account the pay increases, promotion prospects and other benefits of the individual. Medical and care costs such as medical expenses, hospital charges, treatment fees,  surgical support and care provided by other people are included. Travel expenses like trips to the hospitals, attending appointment with an expert and other journeys related to the injury are covered. Miscellaneous expenses such as additional utility costs, items purchased because of the injury and other out-of-pocket expenses are also included.

An expert lawyer provides legal assistance about the compensation. It is recommended to seek legal advice from the expert.

Singing during Surgery

Humans have an incredible ability to do two things at the same time. Actually, a person can do more than two activities simultaneously. How about singing while listening to a favorite song from an IPod, jogging and at the same time sight seeing? Oh well, it’s normal and anyone can do it. But here’s an amazing thing, a man is singing during a brain surgery. What?! How can that be? Read on and find out.

The musician-actor has been suffering from Parkinson’s disease. A brain-stimulation surgery was carried out to help him deal with hand and eye tremors.  The surgeons implanted an electrode emitter to the affected part of the man’s brain. They woke up the patient during surgery to ensure that the electrode emitter was implanted correctly in the right part. Surprisingly, the musician-actor strummed his guitar and sang a song whilst the doctors are still doing the procedure. Not only that, he was able to send a message to his loved ones and managed to hold a cup of water. That was great! An infusion of medicine, technology and social media unveiled when that medical breakthrough was captured in video.

It’s unbelievable to hear news like this. Even the attention-grabbing headlines about a man singing during surgery seem to be impossible. But it did happen. That’s the wonder of science and technology. Above all, it is God who made it happen. Doctors are just instruments.

Good thing that the operation turned out to be successful. Some patients suffered from injuries caused by surgical errors. These are some of the cases handled by negligence solicitors.

The development of modern technology and medical advancement serves as a tool to meet the needs of people. Technology continues to advance. People are becoming passionate in discovering for more cures for diseases, invention of additional equipment, development of more gadgets and other fascinating things in life. Food, shelter and clothing are man’s basic needs. As time goes by, these three basic needs seem to have more and more subheading. There are underlying items for each need. People expect to live a decent life.

Relevance of Medical Negligence Claims No Win No Fee

Medical negligence claims on a no win no fee basis helps rebuild shattered lives. Why is this so? Keep reading and find out.

Conditional Fee Agreement (CFA) commonly known as no win no fee paved the way to an easier access to the justice system in the UK. People injured due to the mistakes of others can file a case even without sufficient funds. It lies on the condition that if it is unsuccessful, the client will not have to pay the solicitor. On the other hand, if it is successful, the client will have to pay the normal fees plus a success fee. The passage of the new law on personal injury claim that took effect on April 2013 can be clearly explained by a legal counsel.

The solicitor usually recommends taking out an After-the-Event (ATE) insurance to cover for any potential liability. This protects the client from any legal costs including disbursements.

There is a time limit of filing medical negligence claims no win no fee in the UK. An expert solicitor provides legal advice on how to bring a claim including the requirements and all the details involved in the compensation. It is better to consult an expert and know the whole process.

How to Win a Clinical Negligence Claim

How do you obtain medical negligence claims on a no win no fee basis in the UK?

In order to achieve compensation for a malpractice, the injured person needs to meet the law requirements of UK.

First, it is important to prove the presence of duty of care. Healthcare providers owe a duty to take care of their patients. NHS hospitals, private hospitals and healthcare professionals such as GPs, surgeons, dentists, physiotherapists, nurses and hospital staff are responsible in delivering a standard of care. It is expected from them to diagnose the health condition, investigate the symptoms, provide the right treatment, prescribe correct medication, recommend the necessary lab tests, administer the correct medication and comply with the safety procedures.

Second, a breach of duty should be proven. A doctor who commits negligence has breached the duty of care. The breach of duty can be a mistake like a misdiagnosis, failure to investigate the symptoms, delayed diagnosis, wrong treatment or incorrect prescription of drugs.

Third, it is necessary to prove the causation between the breach of duty and injury. The link between the two should be established.  It can be achieved with the assistance of a lawyer who specialises in compensation for injuries.

Lastly, the injury sustained by the person needs to be proven. It is essential to show evidence of the injury or illness suffered by person.

Medical Negligence Claims Help Patients Recover

People have different experiences when they are inside the Emergency Room of a hospital. For doctors, being inside the Emergency Room may be a dream come true as it is the culmination of years of studying medicine; it is the place where they get to put all their training to good use by saving the lives of accident victims.

For patients, being inside the Emergency Room may be a victim’s worst nightmare. People will be running around the Emergency Room floor as well as other adjoining rooms. People will be shouting at each other by dictating the life signs of critical accident victims and the things that have to be done. And other than the pain of wounds, patients may feel the pin pricks of needles, the scraping of endoscopies, and the slicing of scalpels.

And in all this chaos, it is possible that doctors and nurses may end up missing something that is very important for the life of the patient. Someone may miss out on what medicines a patient is allergic to; someone may forget to add enough lubricant to the endoscope; someone may miss that a patient is diabetic and has trouble clotting any type of wound.

Thankfully, Medical negligence claims allow patients who are victims of these errors to claim damages. An allergic reaction to medicines may cause swelling of internal organs; the failure of add enough lubricant can cause wounds in one’s throat; and incisions on diabetics today may lead to amputations tomorrow.

And since all of these will require money for healing, negligence claims prevent the condition of patients from getting any worse.

Some Clinical Negligence Claims are the Result of Not Getting a Second Opinion

The last thing I want to do after being misdiagnosed with something is to have to see the doctor who did it. It is not that I am afraid of him or am averse to reliving the trauma I underwent, the thing I do not want to have to go through is the feeling of extreme anger I feel for him.

Before being misdiagnosed, I lived a relatively active life. I went to the gym three times a week and would take my mountain bike for a ride in the countryside every Sunday. At the end of each physical activity, I would end up at my favourite pub with my mates for a beer or two to complete my relaxation.

But after being misdiagnosed with some stomach disease, I was put under preventive surgery. The result is that I am now unable to walk a few metres without feeling the need to go to the bathroom.

I can’t exercise in the gym for more than a few minutes; I can’t go farther than my driveway on my bike; and I can’t climb more than a flight of stairs anymore.

With so much change applied to my lifestyle, it only occurred to me to seek a second opinion. I know I should have done that before undergoing the knife, but I trusted my doctor and it never occurred to me to get another opinion. I am now paying the price for that error.

Not wanting to compound one mistake with another, I wasted no time in consulting a solicitor about my situation. And after a couple of meetings, he will be filing clinical negligence claims for this misdiagnosis.

It turns out that my situation is not composed of one, but two problems. The first is that I was misdiagnosed with some stomach disease. And the second is that the operation I underwent two years ago was not a success because I can not even walk a few steps without having to go to the bathroom.

Looking back, all of this could have been easily avoided if I had just gotten a second opinion. But not wanting to hurt the feelings of my doctor has left me hurting.

I was told by my solicitor that some clinical negligence claims are the result of people like me, who do not get a second opinion. So if you have been told by your doctor to undergo an operation, do yourself a favour and visit at least one other doctor for confirmation. You might never need that operation at all.

No Win No Fee UK Claims and Domination

Give What You Can

It is a problem in demanding No Win No Fee UK claims that sometimes the attitudes, both good and bad, of the lawyer is inadvertently imbibed by his client. In exerting his authority by ordering his client to do all kinds of tasks—collecting articles of evidence, contacting witnesses, providing factual information—he is also limiting the world of his client and possibly even reshaping it for him. This is something clients should beware.

For one thing, they must learn to discriminate what attitude they should replicate. It may happen that the particular lawyer who you have hired may be too workaholic, to the point that his health is already continually compromised. If you copy his attitude and become dangerously workaholic yourself, then you may reinjure yourself and be unable to proceed with your suit. The eminent reason, in other words, is practical. You need to think very carefully because your claim may be aborted if you do not.

Thus, while it is not an issue whether you should work hard, it is nevertheless imperative for you not to work too hard. You should, in short, give what you can—and no more. In case other people may criticize your decision not to exert all your strength in processing your claim, you must remind them that the rationale of claiming is to earn money primarily to pay for medical bills. A healthy body, to be sure, more than the compensation, is the real aim.

Indolence

It is a sure sign of maturity to discriminate what attitude of your No Win No Fee UK lawyer you should adopt while claiming. Knowing that he too, despite his brilliance, is still imperfect and finite, mature claimants choose to study how he thinks and acts first before finally deciding to judge whether overall his work ethic is a fine one or not. An assumption that is useful to pronounce here is that not everything that lawyers do will always work. There may be times when they shamefully exploit their clients’ trust and credulity to cover up for their bungling mistakes.

This critical attitude should not, however, be used as an excuse to cover up for indolence. It is highly tempting to just sit back and claim that we are still studying the actions and motives of our lawyers instead of trusting him and letting him direct us on what to do. Despite the fact that not all lawyers are ethical or right, the truth is that the claimant will never see for himself unless he does what he is told to do. The consequence of his lawyer’s orders, whether it furthered his claim or not in other words, will then be his guide in estimating his character. Activity and results, to say the same thing in other words, should be our bases in judging our lawyers.

Compensation Claims and Specifics

Precision as a Virtue

Perhaps the first adjustment that first-time claimants need to make when demanding compensation claims is to distinguish general from specific remarks. It is an understood philosophy in ordinary conversations that bare assertions can sometimes supplant solid arguments. Because of the everyday and non-serious nature of most cursory talk, we do not see the need to qualify our statements or place an army of proofs to adduce any of them. On the contrary, we are content with merely stating our opinions and expect other people to agree with us. In case they do not, then we can expect that then and only then will we find ourselves in need of arguments. The mere fact that anyone can contradict us, however, or point out any flaw in our reasoning is so uncommon that except in books, we can expect others to just weakly smile or dismiss what we said than engage us in overt confrontation.

In the courts, however, things are understandably different. Here, any written assertion made must be countersigned by a professional lawyer and if any part of it could be discovered as having been falsified, then the person who stated it could be held in contempt, even imprisoned, depending on the gravity of the lie.

When Claiming, Specify

It is not enough to launch general accusations when demanding compensation claims. Anyone could do that. More than this, you must supplement and verify your general assertions by advancing cogent proofs. Only by packing complete arguments into the courts can you expect to score a victory. Since this requirement of backing up everything you assert while making suit is understandably new to many first-time claimants, which is not their fault at all because ordinary conversations are not as critical, those who are aware of it and are able to come to hearings with airtight arguments usually win in the end.

Second, more than just attaching proofs to your assertions, you must also strive to be specific. For example, if you are demanding an accident at work claim, then you must explicitly explain exactly what injury you incurred and exactly how someone irresponsibly caused it. It is not enough that you assert that you were hurt because of someone. You must show, for example, that you broke your neck because your employer hired an incompetent driver and crashed the vehicle you were both riding. The secret, therefore, if there is any secret, in claiming compensation is to be precise, detailed, and meticulous.

Too Witty for Comfort

What I learned the hard way last year was that you should not be too clever when dealing with whiplash injury claims. That is to say, even though the claiming process is based largely on logic and reasoning, you should not overextend rationalizations to their ultimate results. This is what I mean.

When my lawyer asked me, for example, why he should accept my whiplash injury claims over those of other claimants, I answered that if he did not, then he would have no income, and therefore he would then go hungry and probably die. I honestly believed that it was this kind of logic that lawyers wanted to hear. But apparently I was mistaken. The lawyer I was adverting to not only refused to take on my claims, he even gave me a long exposition on the use of politeness and decorum when transacting subjects of dignity and great import. I offered to retract what I said. I told him I did not mean it. But he wouldn’t talk to me anymore. That’s just sad because I would have added that he would probably die and be mourned in a grand funeral by his friends and family. I wonder how he would have reacted to that. Maybe he would not have gotten angry.

When I got to talk to the judge, for luckily I discovered a lawyer who did accept my claims, I also got into trouble. The judge asked me if I was demanding a claim for the first time. It made me feel horrible. I nearly thought he was acting condescendingly to me. But I simply figured that this question was probably the right way to introduce yourself in the world of law. Without hesitation then, I answered that it was. Not willing to be looked in a bad light, I returned the favor. I asked him whether this was the first time he would try a case too. But to my surprise, instead of answering a happy Yes or No, he held me in contempt and had it put on record that I was guilty of disrespecting his authority. It boggled my mind. Until now, I still don’t know why I was ejected from court that day. But I think I’ve figured out the answer. I should have asked him more respectfully, as in “How about you sir? Is this the first case you will try, your Honor?”

The Enormous Task of Medical Negligence Lawyer

Medical negligence lawyer plays a big role in processing claims for a malpractice in the United Kingdom. Clinical or medical negligence can be complicated and it requires an expert advice to attain the right level of award.

The appointed medical negligence lawyer works diligently from the initial interview to the entire process. He provides valuable legal advice, investigates on the issue, prepares the evidence, negotiates on behalf of the client and files the formal complaint in court. The assigned attorney informs the injured person about personal injury claims in the United Kingdom. He interprets the laws governing personal injury and explains the rules and regulations. The client is also informed of his rights and obligations. Proper investigation is necessary. The assigned attorney gracefully achieved this by pouring out sufficient time in coordinating with the concerned parties and doing both paperwork and legwork. Extensive research especially in complex issues is handled with high regard for confidentiality. Pieces of evidence are knit together like the medical report, police report, medical expenses, financial loss incurred and other pertinent documents. There are instances whereby the case is settled out of court. The lawyer accomplishes this by negotiating for the right amount of compensation.

Impressive Traits of a Solicitor

It is necessary to choose the right medical negligence lawyer or solicitor to take on the case. One needs to be knowledgeable, competent and resourceful.

A solicitor who is knowledgeable in handling the claim is reliable because the client trusts that he knows the ins and outs of this specalised area of law. One who has a broad knowledge in bringing a claim knows the best approach to apply in order to achieve the main goal of getting compensation for the injuries sustained from a malpractice. This trait is combined with a wide experience in the litigation process. A legal and medical background in the United Kingdom is advantageous. It is valuable especially in preparing the evidence that will show the type of injury or illness, the severity of the pain, treatment and the overall impact of the harm to the victim of negligence. The solicitor applies the appropriate method in order to gain full compensation for the negligent act committed by a healthcare provider or healthcare professional. He is resourceful in digging the correct information and goes the extra mile to assist the injured person. These are the impressive traits that are important in a legal counsel.

Amazing Role of Medical Negligence Solicitor

What are the duties and responsibilities of a medical negligence solicitor? A medical negligence solicitor carries Herculean tasks in bringing a successful claim for the victims of negligence.

The main role of a legal counsel is to act as a representative for the injured person. An attorney provides expert legal advice to clients by giving information on personal injury claims and explaining the process of filing a formal complaint in the United Kingdom. He supports the client by interpreting the rules and regulations governing the laws in personal injury. The client is also oriented on his legal rights and obligations. Presentation of evidence is essential in proving the validity of the claim. Pieces of evidence are gathered together to show the impact of the harm caused by the accident. This includes the medical report, loss of earnings, medical expenses, receipts, photographs and other pertinent documents. The counsel weaves the evidence one by one and presents it in court. There are instances in which some cases are settled-out-of court. It is one of the specialisation of the solicitor wherein he negotiates the right compensation deserved by the client. Choosing a competent legal counsel in handling the case is necessary.

Incredible Lawyer in the UK

What are the best qualities of a medical negligence solicitor or lawyer?

The best qualities of lawyer are characterized by intelligence, diligence, kindness and strong determination. It takes an intelligent person to win the case. One needs to be smart enough to know the right approach in handling the case. It is important to apply the right strategy in getting full compensation for the victim of negligence. With diligence and hardwork, a lawyer pulls every piece of information to come up with credible evidence. One needs to be resourceful so that the evidence will be presented correctly and accurately. It is admirable for a counsel to go an extra mile to help the client in achieving the right compensation. An extensive number of hours in conducting research are poured out just to obtain the correct information. The kindness of an attorney is displayed in the way he process the claim. This is seen in the way he communicates and arranges everything. This creates a good rapport with the client. He makes the situation lighter by his positive outlook in life. A strong determination drives him to fulfill his responsibility. Truly, it is such an incredible task. It’s simplifying what seems to be a complicated work.

Is it a Hospital Mistake?

Health News:

A young Briton died from measles in his home. It was reported that the hospital sent him home because the doctors thought that his condition is not so serious anymore. It is quite surprising to read news from a doctor who says they “thought” the patient’s condition is okay. What? Did I hear it right? “I thought” or “We thought” are strange words you hear from a physician. It is a profession that requires proper monitoring of patients. How come a doctor would assume that a person is doing well if proper examination and investigation are not properly conducted? It’s the hospital’s policy to discharge the patient properly. The hospital can be liable for his death even if he died at home. It is also considered as grounds for medical negligence if the results of the investigation on the cause of his death would prove that there is negligence on the part of the healthcare institution. The health and safety of patients should be the top most priority of the healthcare professionals. Compensation can be claimed if someone is injured or died in a healthcare facility due to medical negligence.

This news came out during the outbreak of measles in South Wales wherein a noticeable number of cases were reported in the area. Thousands of kids had MMR vaccinations to fight the spread of the disease.

Several cases of medical negligence claims arise from negligence caused by hospital errors, accident & emergency department and GP’s mistakes. A misdiagnosis, wrong treatment, lack of examination, administration of incorrect drug or even poor hygiene may injure an innocent victim. Someone who is sick gets even worse instead of getting better. This is unacceptable. Healthcare providers need to be extra careful in dealing with their patients.

The incident mentioned earlier is just a sample of a situation where an innocent person sufferers from a medical practitioner’s malpractice. There may be cases which are not reported in the news and those individuals just suffer in silence.  The public should know about it so that it will serve as a warning and it should be a lesson to those who are negligent.

People Learn a Lot from Discussing Accident Claims with Friends

Accident claims are not exactly at the top of the list during people’s discussions. In fact, whenever people get together for a nice relaxing drink at the end of the day, the closest thing one gets to talking about accidents is how much work was done for the day.

But what is it that makes people avoid talking about claims anyway? Perhaps it is because there is so much negativity connected to it that people prefer to avoid it. Life, after all, is already filled with negative things, so having to talk about it during relaxation time is one of the reasons why many prefer to skip it.

Another possible reason why people avoid talking about it with friends is because there is not much information on the topic. And since most people prefer talking about something familiar, it tends to be passed over.

The only time people actually talk about any accident claim is when someone they know in injured. Whether it is at work or at play, it suddenly takes a centre stage and people can not seem to get enough of it.

After the floodgates are released, one of the first things that people learn during these friendly discussions is that there are several types of accident claims. The most basic ones include:

• Accident at Work Claims
• Car Accident Claims
• Medical Negligence Claims
• Trip and Slip Claims
• Public Liability Claims

They also learn that everyone has a right to be safe, whether it is in a workplace or in a public place like a park or a non-private road. So owners and managers of places, such as a construction area, a company cafeteria, a garage, a hospital, a public road, and pub have the responsibility to ensure the relative safety of inside.

Finally, they discover that a person’s injuries can be shouldered by the one who caused the harm in the first place. Whether it is through negligence or by design, people have the right to secure damages that can be used to pay for any medical expenses needed to treat any injuries.

Accident claims are topics that people do not talk about often, especially with friends over a drink at the pub. But when they do, these same people learn a lot after just a few minutes of wading in to the topic.

No Win No Fee and Your Lawyer

Idealism
If all kinds of No Win No Fee lawyers were equally sympathetic and just, then there would really be no need to discriminate among the many lawyers on the market today. Rather, any claimant would be represented well by his solicitor even without much prompting on his part, either financially or morally, for the simple reason that his lawyer would be motivated by the intrinsic goodness of pursuing justice alone. Moreover, there would also be no conflict between many lawyers in this case because no lawyer would accept a case once he sees that it does not really contain any merit or that the prospective client facing him was the guilty party all along. In short, the legal world would not be in as shaky as foundation as it is now and it would be removed of the many academic earthquakes that frequently shock its disputations.

But this is not the case. And so, as a claimant it is incumbent upon you to choose well who you will hire as your representative. It might not be a completely impertinent idea to suggest here that of all the lawyers you meet, you should avoid hiring those who you think are too idealistic and unable to get their hands dirty. The real world is far from ideal. To hire someone who can function only in an ideal world is to hire someone incapable of handling the real.

Competitiveness
For many people, hard work is an absolute virtue. This is true, according to them, most especially when doing something intrinsically arduous or boring, such as demanding No Win No Fee. In line with the way many athletic companies portray this virtue in their numerous advertising materials, they think that without practicing hard every day and without pushing our personal limits to its maximum on a consistent basis, we would never be able to attain whatever it is that we are interested in accomplishing. To a certain extent, this view is correct. For no one would deny that energy and activity are the keys to progress, whether personal or social. Nevertheless, hard work is not an absolute good. In many cases, it may cause untold evil.

To begin with, limits must be had in working hard because our wills are not as strong as our bodies. Consistently working hard can injure our mind and our body because we can only handle so much punishment before we give in to illness and trauma. Second, it is not at all advisable to work hard when, just in demanding compensation, you find yourself not yet completely healthy. Hard work when moderated is a boon, but when overdone becomes a suicidal vice.

Law School Woes

No, I do not regret my decision to enter law school. My desire remains as strong as it was when I decided to become a lawyer after seeing how my parents were punished by the claiming process when they filed whiplash injury claims in the past. It just so happens that there are cases when law school life just becomes too much of a burden and that whatever I do to de-stress my life, nothing seems to work.

They said that your life will change in many ways when you decide to study to become a future barrister. But I never expected that it would demand this much change. I broke up with my girlfriend, I am perpetually broke, I have lost any sense of circadian rhythm, and I am on the verge of falling asleep every time I sit on something solid. There are many instances when I’ve asked myself why I chose to enroll myself into this unforgiving world. But then, again, I think of my parents, their broken whiplash injury claims, and I carry on.

One thing which makes life in law school hard really is the reading requirements. Simply speaking, it’s too much! You can expect to fill at least one bookshelf with the cases, annotations, codicils, and sample exams alone. This does not include the supplementary readings your teachers will obligate you to read, such as essays and books. Some say that you do not really need to read everything but just extract the gist from these texts. But how is that possible without reading them closely and seriously? You cannot really trust abstracts and digests to be right for the simple reason that they are not exhaustive.

And even if they were, your professor will know whether you’ve read the text or not because he will ask you not just what the main gist is, but how the author came to support that main gist. Nor will your professors care about you. Our professors once made my class read a 250-page case about the religion clauses in some of our laws. We discussed it in just one day.

Get Informed about Personal Injury Compensation

The purpose of personal injury compensation is to reimburse for the loss, pain and suffering experienced by an individual from an accident caused by someone else’s mistakes. This is awarded in the form of damages which is categorized into General and Special Damages.

General Damages compensates for the non-quantifiable aspect of the claim. It is commonly known as the pain, suffering and loss of amenity. Loss of amenity is basically the impact of the injury or illness to one’s quality of life or his relationship with others. These are non-monetary changes that an individual needs to adjust after the accident. The physical and emotional pain, loss of enjoyment of life, loss of use, loss of prospects, disfigurement, impairment and loss of companionship can be included in claiming for personal injury compensation.

The physical and emotional pain may not be totally compensated but it can somehow lessen the stress in dealing with other problems brought about by the incident. Loss of enjoyment of life covers for loss of leisure time or loss of enjoyment or a holiday. The loss of use of damaged items like jewelry or a car can be compensated.  Loss of income opportunity is also covered in this category.

A Special Claim for Injuries

Special Damages compensate for the economic loss incurred by the injured person from someone’s negligence. It covers for the loss of earnings, medical expenses, cost of care, transport costs and other out-of-pocket expenses.

Both actual and future losses of earnings are included in the claim. It is evaluated based on the details of one’s employment. Loss of future earnings is quite difficult to compute. The pay increases, benefits and promotion prospects are taken into consideration. Medical expenses include hospital bills, cost of medicines and medical treatment fees. The cost of care covers the care provided by family, relatives, friends or other private agency. Transport expenses include trips to the hospital, visit to the GP, attending appointment with the medical expert and other trips related to the injury. Other expenses that can be claimed include repair or replacement of vehicles, additional utilities costs, items needed for the treatment and special aids and equipment.

It is necessary to provide evidence in seeking for personal injury compensation in the United Kingdom. This requires an expert legal advice from a solicitor so that the right amount can be granted to the claimant. Ask for a legal advice about the details.

Requirements Needed by Injury Claims Lawyer

Personal injury claims lawyer or solicitor needs pertinent information from the client to help process the case in the United Kingdom.

It is necessary for the injury claims lawyer to know about the date, time, place of the accident and details on how the accident happened. Contact details of the person responsible for the incident should be provided. This includes the complete name, address, contact number, mobile number, insurance policy, and vehicle registration number (in case of a car crash). In the same way, the contact information of the witnesses is necessary (complete name, address, contact number and mobile number). It essential to provide the details of the injury indicated in the medical statement from the doctor. The proof of loss of earnings and financial expenses incurred due to the injury are important including the client’s insurance policy

Upon submission of these documents, the legal counsel will analyse the situation and the likelihood of success of the case. He will assess the value of the claim based on the evidence. The approximate time table in processing the claim and funding for the litigation process will be discussed clearly. Additional supporting documents can be included in the list of items.

Requirements for the Claim

Injury claims lawyer helps in providing evidence needed in processing the claim in the United Kingdom. These pieces of evidence include medical report, statement from witnesses, photographs of the accident, accident report form and proof of income loss and financial loss.

The solicitor assists in obtaining a medical report from an expert. The medical report shows the nature of the injury or illness suffered by the person, symptoms, duration of pain, treatment and recovery period. Exact and specific details are essential in evaluating the amount of compensation. The statement from the witness is also necessary. Sketch or photographs of the accident scene provides a graphic image and should be take in different angles. In case the incident happened in the workplace, an accident report form should be submitted. Proof of loss of earnings and financial expenses such as payslips, prescription charges, hospital bills, treatment fees and other out-of-pocket expenses are important in showing the financial impact of the incident to the individual.

Taking notes and recording it in a journal can help in remembering all the bits and pieces of the impact of the accident.

The expert legal advice from the solicitor is an instrument in obtaining the right compensation.

Claim for Personal Injury: Are You Afraid of Heights?

It’s shocking to see a plane submerged into the water. Planes are for the sky and ships are for the sea. Not unless it’s a car which was recently reported that works on land and deeps into the water. Well, the said aircraft from Indonesia missed the runway and plunged into the water. Some passengers were injured. Good thing that there were no fatalities reported in the accident. Passengers suffer from trauma because of the incident. Although it’s a budget airline, it is still required to comply with highest standard of training of employees, most importantly the pilot. Inadequate training of employees can affect work performance and harm innocent people like these passengers. It’s a simple logic, whether you pay for a budget or an expensive fee, people deserves to be transported to a safe destination. Just imagine the shock of these passengers who are supposed to be on a land but ended up being submerged into the sea. It’s really traumatic. It’s not only the people inside the plane who suffered from stress but also their family and relatives who were so worried about their flight.

Speaking about airplane, a study conducted by British Airways shows that the back seats of an economy class is most popular to passengers. Another interesting result revealed that the right-hand side of the cabin is preferred by those who book their flights earlier. In addition to that, window seats are preferred by those who enjoy the view outside while the aisle seats are chosen by those who want to get out of their areas easily. Well, it’s nice to be given options. But the most important thing is to arrive in your destination safely.

Whatever marketing strategies employed by the airlines, safety should be the top most priority that should be offered to the customers. Convenience, service and on time arrival are equally important and should not be ignored. Accidents involving any forms of transportation are covered by claim for personal injury. This means any injuries while travelling by air, land or sea can be compensated if someone is negligent.

Close-knit Workers Try to Avoid an Accident at Work Claim Only to Save Friendships

My job as a motorcycle mechanic has a lot of risks involved. I recently witnessed a colleague lose several fingers as they got caught in a chain. Before that, I was around when one of my co-workers lost a foot when a petrol tank exploded.

In both instances, the owner of our bike shop was quick to put the blame on my co-workers because by calling them negligent. But then these two mates are twenty year veterans of bike building. As far as I know, they were already designing and building custom motorcycles while I was still a spark in my parents’ eyes.

So to accuse the first guy of being responsible for his own injures was something that took everyone by surprise. But accusing the second guy of the same thing was an even bigger shock because everyone treated everyone else like family.

Being a close-knit shop, both these guys tried to work out a way for the owner to just pay for their medication. In the interest of friendship, they did not want to push for damages from the loss of fingers and a foot.

But as our shop owner stubbornly stood his ground, my mates had no choice but to file for an accident at work claim in order to get medical relief.

Knowing that their skills lay in bike building and not in law, each one hired a lawyer through a No Win No Fee arrangement. By not having to pay for anything, my mates were able to channel their salaries in to recovering from their injuries as the case took its course.

The cases they filed were eventually settled but the damage to their friendship, as well as to the company morale, was permanent. Prior to these two injuries, we trusted each other. Now, everybody kept looking over their shoulder.

While everyone was relieved that my two mates recovered from their physical injuries, everyone was saddened as the break to our emotional bonds never recovered.

We eventually left the company because things were not the same anymore. Hopefully the new companies we joined will be different and no one will need to file an accident at work claim in case of an injury.

Despite Advances in Technology, the Danger of an Accident at Work Still Exists

As far as I am concerned, I have always felt that there was something romantic about working in a mine.

My father worked in a gold mine, and his father worked in a coal mine before that. So it was no surprise that I ended up carrying on with the family business.

And while working in a mine generations ago was not only downright dangerous, it was backbreaking work. This is the reason why a lot of old songs about working in mines proliferated during this time; mining is one of those things that have turned in to a legend, just like working on the railroad was.

Today’s mines, while still dangerous, are not as physically demanding as the days of my grandfather. During his day, people would use shovels, pickaxes, and even hammers just to extract coal from deep within the earth.

In my father’s time, advances in chemistry had them working with toxic chemicals to make gold extraction much faster. And in addition to shovels and pickaxes, they carried around buckets of dangerous liquid with them.

Given the working conditions my father and grandfather went through, it is understandable why many of their miners succumbed to injuries due to an accident at work.

Looking back at what they had to go through, I am fortunate that technology has improved that heavy machinery has made life a lot easier for me. What my grandfather could do in a week with a pickaxe, I am now able to do in a day with my jackhammer. And what would take my father months to do with a shovel, I can do in hours with modern hydraulic diggers.

And while the productivity of my generation of miners has skyrocketed, the dangers we face are still the same. Cave-ins, noxious fumes, and even people being struck by vehicles still form part of the risks miners face today.

And just like my father and grandfather before me, the only way to avoid getting in to an accident at work is to keep you wits about you. Stay alert, never hesitate, and move fast when needed.

With this in mind, I hope to live just as long as they did, which is into their nineties and pass on what I have learned to the next generation of miners.

The Compensation from a Work Accident Claim is the Only Thing I will Leave my Family when I am Gone

I have always considered myself a careful man. As far as my diet is concerned, I eat a balanced one by consuming as many vegetables with my meat during meals. I drink milk and take a two glasses of wine a week to keep stomach and heart in good shape. I also exercise three times a week to make sure my muscles are in tip top shape. I do not smoke nor do I take any prohibited substances. I also avoid even the smallest amount of fat by cutting it off before consuming my food.

I am equally careful at work and have never been in any accident. Needless to say, I never needed to file any work accident claim as I am as safe as they get.

So I was in shock when my doctor told me that I have lung cancer and that it is incurable. After the initial shock disappeared, I was so angry because I had taken care of myself all these years.

Had I known that I would end up dying this way, I would have done all the bad stuff my friends have been doing. I would have eaten more red meat, smoked like a chimney, and go binge drinking. I might have lived longer; and if I didn’t, would have had more fun in life.

Seeing that my lifestyle and genes did not indicate any lung cancer, my doctor delved in to my work history more closely. And at one point, he found that I had been exposed to high levels of lead, fibreglass, and asbestos. The exposure was traced to my summer jobs in construction during my younger days.

According to my doctor, the levels that I was exposed to were so toxic that I was fortunate to have lived this long. And while I understand he may be trying to get me to cheer me up, I just did not feel fortunate.

He then informed me that I had three years to file a work accident claim from the moment I learned of the injury. So even if my exposure was twenty years ago, I still had the opportunity to secure damages to pay for treatment.

I briefly considered whether I should still file a case as I doubt I would survive to see it ruled in my favour. But with a wife and grandchildren to leave behind, I see that they will, at least, benefit from my leaving them too soon.

Though Everything in Life has a Price, Getting Accident at Work Compensation is Free

Nothing in life is free; everything has a reward, price, or cost attached to it. On the positive side, work has its rewards. The most common monetary reward is being paid a monthly salary or a daily wage. Other rewards, this time not monetary in nature, are perks that companies provide. This may be getting a car and fuel allowance; getting a laptop and internet connection; or being allotted additional vacation days with pay.

On the neutral side, getting products like the electronic equipment or a car has a price. If one wants the latest equipment, a premium needs to be paid. But if one is happy to get last year’s model, the price will be much lower.

On the negative side, working in dangerous environments has a cost attached to it. While the reward may be higher salaries or wages, the cost can be in the form of severe injuries or even death. One example is if one is working on an oil platform in a war torn country. In this case, the pay may be higher, but the risk of injury is higher too.

However, there is a positive aspect to working in dangerous environments. Workers in dangerous places have the option to get accident at work compensation if they are injured due to the company’s negligence.

One example is if a person is involved in an explosion due to a terrorist attack, the victim may file for compensation if it can be proven that the company was negligent in providing security.

Poor security may be in the form of not beefing up the number of personnel trained and equipped to handle terrorist attacks. Or it may be in the form of not having vehicles, such as helicopters of fast sea craft, available so workers can be whisked away the moment an attack is underway.

Everything in life certainly has a price but getting Accident at accident at work compensation is totally free thanks to No Win No Fee arrangements. With this arrangement, people who are injured find that the cost of being injured will be rewarded with damages that will pay all their bills, including medical and legal ones.

Those Who Demand Work Accident Claims

The Question of Rationality
People should not judge harshly those who are currently demanding work accident claims. These claimants, aside from having to undergo the stressful and arduous experience of claiming compensation, also have to deal with the necessary pressure which this process imposes.

But more than their vulnerability, work accident claimants should be spared the inconsiderate annoyance of other people because they are barred from acting as rationally as their critics. Unlike these snobbish spectators, claimants actually have a genuine stake in what is happening, the outcome of which will determine in no insignificant way their futures, and so they should be forgiven for momentary surrenders to their passions. It is impossible to expect them, just as it would be cruel to estimate their character, at a time when they are least in control of themselves and suffering from extreme strain.

Moreover, these critics should know too that these claimants are not acting wholly their own thoughts and ideas. No. Rather, much of what they are doing are dictated to them by their lawyers, people who can, in the interest of money, exploit the trust of their clients and order them to do an embarrassing but income-generating mistakes. Sometimes claimants do refuse to heed their lawyers, but this is the exception, not the norm.

Unreal Personalities
That people will reveal who they really are in moments of extremes stress is an idea slowly gaining currency today. The logic is simple. These people say that the great pressure of such situations act like a powerful fire that will smelt away the impurities and accidental qualities of a person’s soul and leave nothing behind except its real indestructible core. For instance, those who are demanding work accident claims should be placed special focus on because supposedly how they will act while claiming is expressive of what kind of personalities they really possess.

What we can say about this theory is that is fallacious because it is too simplistic. It is not right that the identity of a person should be based on any one moment of his existence but on the general attitude he has shown all throughout his life. What we do every day and not just on one specific day is the sounder basis of our character. It would be stupid to condemn someone forever as an ingrate for a short lapse in morals, something which he may have atoned for already or will do so in the future, just as we cannot praise some as the savior of morals for deciding to act like an honest man one day of the year and spend the rest as a criminal. Surely the great question of who we really are deserves a better answer than this misplaced reliance on momentary behaviors.

Don’t Take Everything Personally

A curious instance I saw when researching about car accident claims on the Internet is the high incidence of people who complain about our justice system. According to these people, the courts have been maltreating plaintiffs and defendants because they subject them to all kinds of useless civil procedures when things could have been resolved much easier and much quicker had the people involved been permitted to talk as freely as possible. Moreover, they also complain that there is favoritism in the application of the law and in direct contrast to its spirit, the letter of the law is obeyed even when the consequences are absurd. There is nothing to be done, they say, but to completely overhaul the present system and supplant in its place a new one.

These car accident claims testimonials, in other words, were written by infuriated people. Although I provided a summary of their points above, the truth is that they did not argue for these points as clearly as I enumerated them here. On the contrary, they interspersed their negative commentaries with character assaults, profanities, and even irrelevant anecdotes.

The first thing that I can tell them as an honest and patriotic Briton is that they are overreacting. The civil procedures people must obey in court should be easy to bear for the simple reason that nobody is exempted from them. All of us are bound to obey. These rules were designed to create a sense of uniformity and order in the world of legal disputation because this world is a complicated one. In fact if it seems too complex now even with an old rulebook in process, then how much more so, do you think, will it be complicated if we throw away the rulebook to the flames? We would be left with anarchy in our jurisprudence.

Second, I would also tell them to avoid getting overly emotional. The claiming process, just like any other legal process, for it to work must be an extremely sober and logical one. There is no room for hysterical dramatics here. The search for the truth can be assisted by quiet and clear, rather than loud and theatrical, voices.

Rights of Patients: FYI

People have natural and legal rights. Specifically, patients are entitled to exercise their rights in the UK. It is necessary know this information. Read and learn from this.

Right to a GP

- Residents of the United Kingdom including European Economic Area or EEA countries  and abroad have the right to register with a General Practitioner. One has the right to choose his own GP. It is important to remember few things in choosing the GP such as the surgery address and contact number, gender of the GP, languages spoken by the chosen GP, any health interests, whether the GP performs minor surgery and other relevant details. There are instances when the GP may refuse a patient. If it happens, it must be reasonable and he must provide a written explanation. Online information is available on how to register with a GP. It is the patient’s right to change GP and there is no need to provide any reason for the decision. Aside from this, patients are permitted to ask for a second opinion. GPs are allowed to remove a patient from the list if the latter is physically or verbally abusive or if he transferred to another place.

Interesting Rights of a Patient

Aside from right to a GP, another equally important right of a patient in the UK is right to hospital treatment.

Right to Hospital treatment

-  GPs should provide medical treatment in emergency situation even if the patient is not registered with him. Care Quality Commission is responsible in handling out-of-hours services. Although the patient can request for a home visit, the GP will only do so if the medical condition requires it. The GP knows if it there is a sense of urgency. However, if the patient’s health condition gets worse because the GP refused to pay a home visit, it entitles the person to file a claim against the medical practitioner. This is a case covered in medicalnegligenceclaims. The GPs provide prescription for a specific condition. They should also provide medicines needed in immediate treatment during emergency. Hospital treatment requires endorsement from the GP. In emergency cases, there is no need for a referral from the GP.

Mistakes can occur during consultation or treatment with the GPs and in Accident and Emergency department of a hospital. Errors such as wrong treatment, incorrect prescription of drugs, misdiagnosis and surgical mistakes are considered negligence. Compensation can be claimed if the healthcare professional committed a malpractice that injures an individual.

Financial Recovery

What if you spend a big amount to recover from an illness but ends up spending some more because the doctor negligently performed the wrong treatment?

That’s the common denominator of patients who suffered from medical negligence. Read and learn from their experience.

A lad crushed his ankle from playing basketball. He was rushed to the Accident and Emergency department. Unfortunately, the healthcare professional failed to provide a correct diagnosis and treatment.

The nurse who was preoccupied with a lot of tasks in the hospital failed to monitor the patient and administered the wrong dosage to the ailing patient. Instead of a fast recovery, the person suffered longer.

A woman who tried to restore her angelic face through plastic surgery was disappointed and spends additional costs to correct the mistakes committed by her surgeon.

Skin diseases due to an exposure to a harmful substance prompted a man to ask help from a dermatologist only to be disappointed and suffer from additional burns and scarring.

Just by reading an example of malpractice committed by healthcare professionals makes you feel sympathetic.

What can you do if you spent a huge amount and end up being injured? What if instead of recovering from a disease you end up suffering longer? Can you get compensated for your pain and suffering? That’s the concept of medicalclaims – to be compensated for the sufferings of innocent victims.

The question is: Is the compensation sufficient enough to recover from the bad experience? Actually, the compensation is not enough to cover for the pain and suffering not to mention the financial problems it caused.

Imagine, you pay for hospitalization, medicines, treatment, transportation going to the medical expert, additional utilities costs, hiring an assistant, buying items for the injury and nutritious food. On top of that, you loss some earnings because of being absent for a certain period plus more expenses that is so stressful.

The patients really deserve a reimbursement for unnecessary pain and hardship. It should be given not reluctantly because it can sustain their needs and lighten the burden carried by an innocent person.

Rest and Your No Win No Fee Accident Claim

Your Body as a Machine
According to some advisers, claimants must treat their bodies while their No Win No Fee accident claim is in progress as if they were machines. By conditioning themselves, in other words, as automated beings, whose lives are based purely on the attainment of a given set of tasks¸ they will be surprised to see that doing the responsibilities incumbent upon them as claimants will have been much easier as opposed to doing things the other way, that is by being constantly bothered by trivialities and impertinent things. The rationale behind this entire mechanistic philosophy is that human beings can do things easier once they become habituated to such things. By making it a habit, therefore, of only being interested in what the claiming process requires them to do and actually doing them, then they will receive their compensation without fail.

We object to these philosophy on several grounds. First, it completely ignores the fact that even machines need to rest. That is, it diminishes the need of human beings to take time away from what they are doing because the human mind can only focus on one specific thing for a limited time. Second, this philosophy also assumes that it is wrong to make mistakes or even to change plans once you are in the process of executing them. People need to be efficient, that is true, but not at the expense of their humanity.

Creative Explosions
Perhaps the mechanistic philosophy of claiming a No Win No Fee accident claim can weather the objections raised against it. According to this philosophy, claimants must look at themselves as machines whose sole end of existence while the claiming process is in progress is to win their compensation. All other things should be relegated to ignorance for the meantime and whatever prior commitments they may have made should be forfeited in light of their injurious accident.

The principal objections against this way of claiming are that it places not enough importance on rest and on learning from mistakes. In other words, it forces claimants to make their serious lives even more serious by unduly placing more pressure on an already intense situation. Yet it can be argued back that rest and education can be put on hold for the meantime. That is to say, supporters of the mechanistic theory can argue that these two things can be had and to an infinite amount after the compensation has been won, but not before.

We would subscribe to this belief except for the fact that the claiming process is impossible to be won without creativity, not just strict adherence to facts, and creativity cannot be nurtured, in fact even had, when people work relentlessly at anything. It rises up naturally during times of philosophical relaxation. It is the quiet bloom of the subconscious after alternative periods of activity and serenity.

Making Contingency Plans While Demanding Compensation Claims

Your Successor
Just like life, the claiming process is replete with surprises. As has often happened in the past, a lawyer who seemed to be the perfect representative of his client may end up losing his compensation claims precisely because his arguments were too good and stretched credulity for such reason. It has also happened that specific articles of evidence which were arrogantly dismissed by the claimant’s lawyer ended up winning his claims for him because these articles, unbeknownst to the lawyer but not so for the client, held an incriminating characteristic. The point is that the claiming process is never completely mastered by any kind of professional, be it judge or lawyer, because just like the intricate nets of life itself, the facts involved herewith are flexible, permeable, and dynamic.

You can never go wrong, therefore, in preparing contingency plans. Contingency plans are those which are done so in order to avert the impact of possible events detrimental to your winning your claims. They are the buffers you create in order to handle the shock of incapacity, loss of money, loss of evidence, or retraction by witnesses. In preparing such plans, you should prioritize the first one mentioned. You should have it in writing who you plan to transfer your authority as a claimant to in case you suddenly become unavailable to prosecute your claims.

Witnesses and Evidence
You can never have too many articles of evidence and witnesses. In demanding compensation claims, the courts are bound to collect the facts of the case and interpret it in anybody’s favor depending only on the merit of these facts alone. Now, as it is your articles of evidence and testimonials from your witnesses that will provide such given facts, the more you provide of them, especially those which will tip the balance in your favor, then the more feasible is your chances of winning your claims.

This condition is actually one of the most sterling qualities of our courts and our justice system. By relying exclusively on evidence and credible witnesses, our courts, and moreover, their penned decisions, we can be assured of will be made only in the spirit of integrity, probity, and honesty. Their absence from the scene of the crime is actually a boon for them because it liberates them from falling into the dangerous habit of deciding cases based purely from a momentary and imperfect though heated and enthusiastic view. By searching for the truth only through a cautious and logical stitching of facts, they are able to retain their calm neutrality while at the same time their penetrating logic. No citizen, to be sure, should ever be allowed to become a judge unless he can attain this honorable frame of mind.

Compensation Claims: Reaction on the New Law

It is expected that compensation claims can bring hope and positive outlook for the victims of accidents.

For quite sometime, it helps injured people in recovering from their loss. But this time, the change in personal injury claim will be different. It drew various reactions from different groups. Although a lot of people has something to say, the one pursuing the claim is the most affected. They are suffering physically, emotionally and financially. It   looks like the stress of seeking compensation claims is even more difficult.

A comparison between the old and new ruling is spreading on the net. One who wants to find out the difference between the two can’t help but identify the specific details when it comes to the process of claiming, paying legal fees and other information.

People injured in any kind of accident wishes to seek help by means of getting compensated for the “unnecessary pain” brought by the incident. It seems that the new ruling is not in favor of them. They deserve to receive the right amount. Under the new rule, if they win the case, they need to scrap the legal fees from the award that will be granted to them. Getting compensated is one thing, but getting well-compensated is another thing. After all, they are not supposed to be suffering and enduring the litigation process if not for the negligence of others, right? Definitely right!

Take a look at the pain and suffering of the individual. He has to suffer from an injury, goes through with the medical treatment, buys medicines, spends to repair or replace the damaged vehicle, pays for additional expenses because of the injury and even hires an assistant to help him. Obviously, he cannot work, oh no! That’s a loss of income on his part. What about the lost time, lost opportunity and social gatherings he missed because of what happened to him. It’s not just the physical pain that hurts, but also the emotional stress that affects him. Don’t you think he deserves to be “well-compensated?”

Just sharing some thoughts and hopefully, sheds some light to others.