10 Things You Should Know About Medical Negligence Claims

October 29, 2020/0 Comments/in Personal Injury /by Adnan Ahmed

Medical negligence put simply, is a poor quality treatment or care given by a medical professional to any patient that led to injuries, illnesses, complicated conditions, or even death. Medical negligence is caused by a plethora of factors, such as making the wrong diagnosis, prescribing wrong medicines, delaying treatment, following wrong procedures in the emergency ward, surgical errors, and many more.

If you have ever fallen victim to clinical negligence, you’re entitled to submit a claim to win monetary compensation. However, these claims are seemingly complicated, and you cannot deal with legal matters unless you’re well-versed in the subject. This is why you should contact a reputable law firm to represent your case in such situations and ensure you get your deserved claim. Our professional team of lawyers has vast experience in dealing with medical negligence in Scotland and the surrounding regions.

With the right help and advice, you can make the correct decision for yourself and your family. Here we have listed ten important things you must know before diving in for a medical negligence claim.

The Legal Matters And Definitions

Medical negligence claims are pretty common in the UK. Medical or clinical negligence happens when a patient submits a claim against their doctor, or the staff, for monetary compensation because they demonstrated negligence or carelessness in the treatment process. If you’re the claimant, you need to have all the pieces of evidence to prove that the treatment you received was substandard, became the cause of your bad health, which wouldn’t have happened otherwise.

The Time Limits For Submitting A Medical Negligence Claim

According to British Law, medical negligence claims should be taken to court within three years of the date when a patient became aware of their issue. However, there are some instances where the time limit can differ. These exceptions include cases where the loved ones of the deceased weren’t in their right mental capacity at the time of the mishap, children under the age of eighteen, or when the victim has died and their family members pick up the case later on. There are certainly other cases as well where the judges may accept exceptions, but this happens rarely.

Finding The Right Legal Help

When faced with such a situation, it is extremely vital to get in touch with a professional medical negligence solicitor. Your solicitor must be highly experienced in their field of work and have all the knowledge about the case they will pursue for you. The right solicitor will give you the correct legal advice, will let you know what damages you’re entitled to, and guide you throughout the procedure until your case is settled.

Trials Are Very Rare

There is a very common misconception prevalent about injury claims and medical negligence claims that you’ll have to face the jury and go to trials. Know that in any case, you won’t have to face the jury for such cases, and most of the clinical negligence cases are settled without the need for a trial. Mostly, the defendants will offer a financial settlement themselves to finish off the matter. However, you shouldn’t also completely rule out the possibility of paying visits to the court, which highly relies on the facts in your case.

Medical Negligence Claims Aren’t Always Against NHS Doctors

Another myth that surrounds the medical negligence claims is that you can only claim when shown carelessness by an NHS staff. This is wrong, as any medical professionals and health practitioners are answerable if you have evidence about their negligence. Dentists, surgeons, cosmetic doctors, private clinics, and even eye doctors can be brought to court.

How To Pay For It

There are only a few cases where legal aid is provided in medical negligence cases. However, mostly it’s not and the claimants mostly choose to fund their claims by signing for law firms that offer no win any fee agreements, also known as conditional fee agreements.

You Need Concrete Evidence

In order to be able to submit a claim, and be successful in winning the monetary compensation, you must have all the physical shreds of evidence required to get your case going. Make sure you note down everything and keep records of whatever you go through, including the little things. Expert medical prescriptions, opinions, correspondence, records, and all kinds of notes will make the work of your solicitor easy and strengthen the likelihood of getting you your deserved money.

Get Extra Proof

To get additional proof, your lawyer can contact the medical professional who treated you and request them for all the medical records and anything else that is important for your claim.

The Time It Might Take

You need to maintain patience in medical negligence claims. It’s highly unlikely to get your monetary compensation within a few months. The process that goes to a trial might take around 3 years and sometimes even longer settle. The longevity of the claim mainly depends on how the defendant is responding.

Medical Witnesses Are Important

Without a medical witness, your case will most likely fail. In most cases, medical witnesses are asked for their expert opinion. Their professional views and advice help determine that the act can be deemed as negligence or not.

When encountered with any such mishap, know that you’re entitled to compensation, but it’s only possible if you get in touch with a sound solicitor, who can guide you through the whole process. It is also important that you acquire as much knowledge as you can about medical negligence claims before starting the process so that you make the right decisions.

A Comprehensive Guide To No Win No Fee Solicitors

October 29, 2020/0 Comments/in Personal Injury /by Adnan Ahmed

Suffering from injuries and accidents can be traumatizing. Such incidents may lead to severe injuries, physical disabilities, and even loss of life in severe cases. Monetary compensation may not fill the void in some of these circumstances, but at the very least it can cover the financial burden you’ll have to bear as a consequence of those injuries.

Having said that, getting the right law company is important. The law society carried out the research, which stated that around 52% of people in the UK only trust their family and friends for law firm recommendations, while 36% believe solicitors are unaffordable.

If you fall under the 36% population, we can help you with your claim. With our best no win no fee solicitors in Scotland, we will provide you with the most effective and insightful legal advice to earn your compensation claims. This guide sheds light on all the information you should know before starting the process of a claim.

What Is A No Win No Fee Solicitor

Most of the reputable law firms in the UK offer no win any fee services to their clients. As the name suggests, you won’t have to pay for the services if your claim isn’t successful. The law firm charges no legal fees or refunds it to the claimant if they’re unable to win the case.

When working with a no win no fee law firm, the only ambiguity is about what will be the cost of legal services. In such situations, the costs depend mainly on the firm you’re working with. However, in most cases, the firms charge 25% of the final compensation money you win from the claim, which is allowed by the law. The government has also announced certain schemes that ensure the costs claimant has to pay are kept low. All in all, the no win no fee services provide convenience in working with solicitors and make the process much affordable.

The Conditional Fee Agreement

The legal name for no win no fee agreement is the conditional fee agreement, which is more commonly known by its abbreviation i.e. CFA. This term is mentioned in British law as a conditional fee agreement order, which was made in 2013. This idea was taken from solicitors that offered the no win no fee-based services and are mainly used for personal injury claims.

The British law saw many revisions in 2013, and there were many alterations and amendments in the small details that defined how the CFAs work. However, the high-level definition and implementation of the agreement has remained the same. The agreement is still applicable in cases where the law company will charge its fee according to their set percentage of the compensation money. In case the claim isn’t won, the law firm will not charge the legal fee from the claimant. If you’re dealing with a law firm that offers no win no fee agreements, it’s important that you discuss and decide the percentage amount that will be deducted from your monetary compensation before the process starts.

The Advent Of No Win No Fee Agreement

The conditional fee agreements have been in practice for a long time in Britain. This kind of agreement was first seen in 1995, in the courts of England and Wales. At the start, this agreement was only applicable for selected cases, but after three years, it was used for all the civil cases. However, there were some exceptions in the family courts. A year later, in 1999, the British government decided to bring in the access to justice act, which was made law in the year 2000, and this made the CFA agreement much more popular. Since then, these agreements have seen a plethora of changes, updates, and additions. The Jackson report brought a great many changes in 2013, all of which are still followed until today.

Can No Win No fee Law Firms Claim Full Compensation for the Claimants?

If you’re looking for a no win no fee-based law firm, you should know the laws in the UK have clearly defined how much they can take from the compensation money you win.Here at HD claims, we have successfully brought compensation for innumerable cases, as our firm is determined to get you your monetary settlement. A major part of our work is to make sure that you can claim the highest amount possible for the compensation, and that majority of it remains with you.

British law has made it clear that no law firm can take more than 25% of the final compensation money for their fee. Therefore, you will be having at least 75% of the total amount, in any case. Get in touch with our team and we will help you in getting an amount higher than what you anticipated.

No Win No Fee Solicitors For Car Accident Claims

Road traffic accidents are horrible, which result in severe injuries and losses. When encountered with such devastating incidents, you should always claim compensation, given that the other party demonstrated negligence, which leads to your sufferings. Car accident claims are the most common for no win no fee lawyers in the UK. Get in touch with Hamilton Douglas Legal if you or anyone close to you has encountered a similar incident. With our vast experience and the best team of legal experts, your compensation money is guaranteed.

What To Claim For In A Personal Injury Case?

October 28, 2020/0 Comments/in Personal Injury /by Adnan Ahmed

Suffering from injuries is devastating. Not only do they make you go through a lot of pain, but you also suffer from financial losses while paying for your medical treatment and getting time off from work to recover. Fortunately, if it happened because of someone else’s negligence, the law gives you the right to claim financial compensation.

After sustaining injuries, you’re entitled to claim for the pain, loss of earnings, and even the future loss you’ll incur. Moreover, you can also claim for the clothes damaged in the mishap, the commutation costs you incur while dealing with your injuries, the support provided by your family or friends, and any other stuff you had to purchase to recover from your injuries.

How We Help

If you or anyone close to you has suffered injuries, which happened because of someone else, your claim will be viable. Read further to learn what we offer and how Hamilton Douglas Legal can fight for the claim on your behalf. Our experienced and highly skilled personal injury solicitors have dealt with thousands of such cases and have delivered positive results.

What Type Of Damages Can You Claim For An Injury

If you’ve sustained an injury or got ill, which wasn’t your fault, you should claim compensation for the damage you’ve suffered. There are two types of damages you can claim: general damages and special damages.

What Are General Damages

General damages are the most common type and also considered as the first part of compensation claims. You can earn monetary rewards through this type of compensation if you have directly suffered from injuries, an illness that happened due to the negligence of someone else, and any loss of facility or feature. Put simply, any effect the mishap has brought on the standard of your life, can be compensated. However, the amount of money will depend on the severity of your injury, the pain and loss it has caused you. The courts have also provided guidelines on the amount that should be compensated for general damages.

Special Damages

The second part of compensation claims and the not-so-common one are special damages. The purpose of these damages is to get you back in a stable financial position than you were previously in before you picked up injuries. The special damages are meant for any extra costs or losses you incur as a consequence of the mishap. Since these damages also cover the indirect expenses, they are sometimes called the, “out of pocket expenditures”. The special damages will cover all the direct expenses that you had to bear as a result of the accident, as well as all the other expenses that you might have to face shortly. These will vary depending on the circumstances. They include:

Loss Of Earnings – the special damages will compensate for all the income losses you’ve incurred as a result of the injury. In addition to that, they shall also cover the future losses which you’ll have to suffer because of being unable to work. You’re entitled to get compensation money if you need to take time off work to recover from serious injuries. If you or anyone close to you who has sustained injuries, was self-employed, the case will have a lot of complications, and it’s advisable to seek a professional personal injury solicitor for such cases.
Family Loss Of Earnings – if the injuries you sustained were severe, for which you needed someone else to take care of you, those family members will also be compensated. If any of your relatives have taken time off work to take care of you, transport you to the hospital, or bought necessary stuff for your recovery, they can have a claim for it.
Treatment, rehabilitation, and other care costs – special damages will cover all the treatment costs, rehabilitation, and care costs you have incurred and may need in the future. The compensation will cover these costs for, as long as you haven’t fully recovered, even if it’s for the rest of your life.
Damages To Property And Assets – if the accident has brought any damages to your property or possessions, which include anything as big as your house, car, motorbike to smaller stuff like spectacles, clothes, mobile phones, laptops, and computers can be claimed.
Aids, Adaptations, and Any Other Material – the damages will cover all the aid and equipment that is necessary for you right now, or for the coming days. Moreover, any adaptation and changes you will have to make to your house will also be covered. For instance, if you need to widen the doors or windows for stretchers and wheelchairs, or install an escalator or lift. All such costs will be covered as well as the whole cost of a new home will be covered if needed.

When Will You Get The Compensation

As soon as both the parties have agreed upon the general damages or special damages, you will receive your final payment. There are also a few cases where you can get interim payments if the other party has admitted their fault and taken responsibility for your sufferings. These interim payments will be received before the final settlement is agreed, in order to support you with the ongoing expenses.

In cases where future costs like aids, equipment, or carer costs are involved, the parties will agree to periodical payments or installments. These short payments will carry on for as long as you’re incurring the injury costs to make sure all your needs are secure.

Bear in mind, that every compensation claim is different, and has different complications. Therefore, it’s important to get in touch with HD Claims solicitors who are well-versed in matters of the law to help you understand what type of damages you’re entitled to claim.

7 Mistakes People Make While Claiming For Personal Injury Compensations

October 27, 2020/0 Comments/in Personal Injury /by Adnan Ahmed

Falling prey to accidents and severe injuries is devastating. Thankfully, you reserve the right to submit a claim for monetary compensation to cover your financial burden, if the mishap occurred due to someone else’s negligence.

In the event of an intense injury, the money you get from a claim can be of great use while you’re recovering from injuries, and also compensate for the time you take off from work. Moreover, if the incident has caused a long-term injury leading to physical disability, the injury claim can provide support for that as well.

Having said that, you should also be well-versed in matters of the law before you go all-in for a claim. The British law might have made it clear that any person who has suffered at the expense of someone else’s mistake rightfully deserves the compensation money. However, there are many obstacles to winning the case. To ensure you win your case without any complications, you should hire a professional personal injury solicitor In Glasgow, so that you avoid any mistakes. Read further to learn about some of the common mistakes people tend to make or the misconceptions they have while claiming for personal injuries.

1: Distressing That A Jury Will Head The Court Hearing

A great many people feel reluctant in claiming personal injury compensation because they think their matters will go to trial, and the jury will involve a jury. A personal injury claim just like civil claims rarely ever goes to trial, and even if it does, it’s dealt with by a judge, and not by a jury. You shouldn’t worry at all, because according to recent statistics, only around 1% of claims go to trial, and these are mostly the ones that involve big claims, or where the insurers doubt that the person claiming isn’t honest.

2: Blindly Trusting Your Lawyer To Do Everything While You Wait For The Results

The worst mistake you could make while working with a personal injury solicitor is assuming that your lawyer is always working on your case. Every professional injury lawyer has hundreds of cases on their hands, some of them being extremely complicated, as well. It is better to keep nudging your lawyers constantly to remind them about your case. Also, if somehow you get to know that your lawyer is dealing with an abnormally high number of cases at a time, you should consider finding another law firm.

3: Assuming The Questions In Your Mind Aren’t Sensible

Most people live with the misconception that asking their lawyers about the whole process and every legal jargon is wrong, as their work is already being taken care of. If you’re among this category of people, come out of it. This is your claim and therefore, you reserve every right to know about anything that is going on. Since you’re most probably a layman when it comes to matters of law, a professional and experienced solicitor will explain everything to you in an easy-to-understand language. Personal injury laws, medical negligence laws, and other similar cases are very complicated and there’s no concept of having exact answers to every question. Feel free to ask your solicitor about everything.

4: Taking A Compensation Lightly

Although certain claims have a pretty straight forward process, most claims are very complicated. Most importantly, if you’re submitting a claim against an employer, there will be a lot of obstacles. Plan everything and think thoroughly before heading in for a claim. You might even have to pay visits to the court to provide evidence since your lawyer will mostly be unaware of how the defendants will approach. It’s advisable to discuss the consequences you’ll have to face beforehand.

5: Going In For A Claim Without Medical Evidence

While most insurers will provide you the compensation money as soon as you submit a claim, however, lawyers and personal injury solicitors won’t be able to make your claim successful if you failed to obtain medical evidence, and a significant amount of time has passed since the mishap happened. Make sure you always seek medical attention, as soon as you sustain any injury. This isn’t only important for your health, but also to make your case strong.

6: Solely Relying On A GP’s Medical Report

There is a rich profusion of cases where the diagnosis made by general practitioners were proved wrong. If you’re the prognosis of a GP proves to be wrong, your case will die there. It is better to request the general practitioner to deal with your case or to refer it to a consultant.

7: Not Keeping Important Shreds Of Evidences

No matter how careful you are, you can’t completely eradicate the likelihood of accidents and injuries. Therefore, when you encounter any such mishap, look after yourself, and then make sure you gather all the necessary pieces of evidence. If you’re carrying a mobile phone, make the best use of it by immediately capturing photos and videos of everything near the accident place, which includes the vehicle that has caused damage to you, the driver, the vehicle number plate, witnesses, contact information of witnesses and anything else that you feel might help your case later. In addition to this, make sure you write everything down in sequential order. Understand that if you’re going to make a claim, you need to prove that the damage you suffered was because of someone else’s negligence.

If you’re looking to file a personal injury claim with the help of experienced, professional lawyers, get in touch with Hamilton Douglas Legal and let us know your case in detail. We will provide a free consultation and offer the best services on no win no fee basis.

The Most Common Medical Negligence Claim Causes

October 23, 2020/0 Comments/in Uncategorized /by Adnan Ahmed

The UK has one of the best healthcare systems in the world, with the government always working to enhance the structure by providing its citizens with all the best facilities and funding the hospitals as well. Despite all this care and attention, the NHS is putting aside billions of pounds every year from their budget to cover for the medical negligence claims.

When you feel sick, or sustain an injury, the first thing you do is seek a trusted medical professional to get the necessary treatment. You head over to the hospital thinking that the doctors and the medical staff will only work for your best interests and make efforts to ensure all your issues are resolved. This is true in most cases, however, there are a few instances where negligence prevails. Every year there are thousands of cases where the doctors and technicians end up causing harm instead of good for their patients.

If you or someone close to you finds themselves in a position where the medical professionals have committed an error or demonstrated negligence, as a result of which injuries and illnesses were developed, contact Hamilton Douglas Legals to get in touch with the best medical negligence solicitors in Glasgow. Our highly experienced and professional team of lawyers understands the complexity and sensitivity of claim cases and knows what needs to be done to get you the compensation you’re entitled to.

Speaking of medical negligence, there are various factors that cause such mishaps. Let’s shed light on some of the most prominent ones.

Delays In Treatment

Even though the NHS has been working to enhance their processes, due to which the waiting times have been improving, there are still plenty of delayed cases. These delayed cases are one of the most leading causes of medical negligence claims. Not tending to an ill patient, or delaying treatment of any patient leads to exacerbation of their already bad condition. Consequently, the condition worsens, and in some cases, there are fatalities as well. There are a plethora of reports that prove how patients had to wait for weeks, or even months, to get surgery for extremely painful conditions. Moreover, delays are also witnessed in maternity wards. Surprisingly, the maternity wards account for almost half of the total medical negligence claims. The worst thing about medical delays is that even a few hours of postponement in the treatment can cause a big difference to the patient’s condition.

Wrong Diagnosis

Although the UK health care system is seeing great improvements, there are still some less-funded hospitals and clinics that do not have the latest equipment and experienced medical professionals. Since these hospitals often charge less as compared to the fully funded ones, a lot of people choose to get treated here. When a patient gets a misdiagnosis, they will have to wait for a long time before they receive another proper diagnosis and ultimately the right treatment. Treatment for an illness that was wrongly diagnosed, will definitely put obstacles in the recovery process, leading to more problems rather than betterment. There has been a rich profusion of misdiagnosis cases in the UK, where doctors and technicians could not determine the root cause of the problem, or when they did, it was too late.

Apart from putting a great threat to a patient’s life, misdiagnosis also has a significant impact on the person’s mental health, putting them in severe stress and tension. Unfortunately, even the most experienced and professional doctors are found committing these errors mainly because they run on a tight schedule while dealing with a lot of cases at once, and consequently, they miss out on things.

Prescribing The Wrong Medicines

Another most common cause of medical negligence is medication errors, something that should NEVER happen. There are so many cases where either the patients were given too many medicines or prescribed a completely wrong medicine for their illness; all these factors can lead to devastating outcomes. There have been examples where patients consulted the doctor for minor pain, and their painkiller dosages were doubled or tripled, which led to serious conditions, and even death. All this comes under the negligence of the medical staff.

Mistakes Made In The Emergency Wards Or Anesthesia Errors

When patients go into an emergency room or are going through a treatment that requires taking anesthesia, the medical staff needs to have all the medical records of the patient, and take great care in every step they take. A subtle mistake in administering the amount of anesthesia can lead to severe health issues and even fatalities. Similarly, wrong emergency room procedures can cause devastating results. Unfortunately, this factor has been prevalent in the hospitals and clinics of the UK as well.

Surgical Errors

It’s safe to say that any error occurring on the operating table is always unintentional. However, these errors are always considered as negligence. There are abundant cases where surgical instruments were left in the body before stitching it up, or the surgeons mistakenly operated on the wrong area.

All the above-mentioned cases are quite common in the UK. If you, or anyone you know, has experienced such negligence, which led to your pain or suffering, know that you’re entitled to file a claim against them and win monetary compensation. Get in touch with us to get a free consultation on all the legal matters and get the best service on a no win no fee basis.

How To Claim A Compensation For Car Accident

October 21, 2020/0 Comments/in Uncategorized /by Adnan Ahmed

Car crashes and road traffic accidents are seen on a daily basis in the UK. Each day, thousands of car accidents are reported. Thankfully, the majority of these cases result in minor injuries to the drivers, but other instances include serious injuries, physical disabilities, and sometimes result in death, too.

If you have also been involved in a car accident that resulted in several injuries, our experienced car accident solicitors are ready to help you claim the monetary compensation you deserve. We deal with all kinds of cases, which include different types of injuries, from whiplash and neck pain to serious conditions like head injuries and spinal cord issues.

Keep reading to know what steps you should follow in the event of a car accident.

Claiming Compensation For Road Accidents

If you’re involved in a road accident, which wasn’t your fault, and you want to make a car accident claim, get in touch with Hamilton Douglas Legal to get free of cost consultation about everything that you’ll need to do for a car accident claim. Know that a lot of insurers and motor companies will respond to your claim immediately and try to settle it directly with you. In such cases, they mostly pay you off an amount that is less than what you actually deserve and most people go home happy since they are unaware of these matters. It’s important to seek legal advice as soon as you encounter any such mishap so that you know how much monetary compensation you’re entitled to.

Moreover, your insurer will most probably direct you to a law firm or other companies like garage repair workshops. However, you should know that you’re entitled to decide whoever you want to represent you and work for your case.

The Time Limit In A Car Accident

According to British law, you have a maximum of three years to claim for car accidents and this period starts from the day of the mishap. However, there are some cases where this time limit can be changed or extended. For instance:

Mental Issues – If a car accident resulted in the death of a person, it’s most likely that their loved ones will not be in the right mental state to deal with the matters of law. Naturally, they will need some time to grieve and then return to their normal routine. In such cases, there is no defined time limit for filing a claim. The time limit will start when they regain their mental capacity.
For Children – Claims can be made at any time before the child reaches the age of 18. Also, the child can make a claim when they reach the age of 21.
Car Accidents That Happen Outside Of The UK –Time limits in other countries are different from that of the UK. In most European countries, the time is shorter than the three years the UK government has announced. However, there are several different circumstances of accidents, some of which allow you to claim under the law of the UK.
Criminal Injuries –The time limit, in this case, is shorter. If the injuries you sustained resulted because of the deliberate actions of someone else, you reserve the right to claim from the Criminal Injuries Compensation Authority (CICA). The CICA scheme gives a maximum of two years starting from the time of the incident.

Can You Claim For Accidents If It’s Your Fault

In most cases, you’re not entitled to a claim if you were at fault and sustained great losses. However, there are some circumstances where it’s possible to earn claim compensation even when you’re at fault, and of course, you will need a professional experienced solicitor in this case. For instance, when you crashed into another vehicle, but it happened because of a bumpy or broken road, you have the right to claim.

You can also claim if you’re partially responsible for the car crash, or when you sustained injuries only because of not putting on the seatbelt, but know that in such cases, you won’t get a large amount of money.

The Time It Takes For A Car Accident Claim To Settle

There is no objective answer to this, as each case is unique and there are multiple factors at play that determine when your car accident claim can be settled. There are several examples of cases that settled within a few months, while others lasted for years. However, the most prominent factors on which your claim time length depends are:

The Severity Of Injuries – if you’ve suffered mild injuries, your case will be settled quickly. Whiplash claims are usually settled within months. Whereas serious injuries like damages to the brain and spine usually result in complex cases and they take up longer to resolve.
If the other vehicle failed to apply brakes at the right time or was driven by a driver who did not have a license and insurance, your case will take longer to settle. However, your compensation money will also be greater in such cases.

How Much Compensation Are You Entitled To In Car Accidents

There is no exact amount set for the compensation for injuries picked up in a car accident. This is because the same injury has different impacts on different people. The compensation money you get mostly depends on the impact the incident has had on you and your life. Get in touch with us to get a complete guide of compensation amounts for mild injuries, as well as severe injuries. Our expert personal injury solicitors will give you free advice about your claim.

Injuries Caused By A Slip And Fall

September 25, 2020/0 Comments/in Uncategorized /by Adnan Ahmed

Slip and fall accidents can cause major injuries. In fact, these accidents provide the largest contribution to emergency room visits. Even if the accident is minor, the consequences can last a lifetime. Therefore, if you are injured in a slip and fall accident, which is caused by a third party’s negligence, it is imperative to submit a slip injury compensation claim.

Slip and trip claims return you with a settlement amount that covers the cost of your medical treatment, as well as the loss of current and future income. By submitting these claims, you can direct your focus on healing after the injury, without worrying about the financial problems.

It is important to understand the type of slip and fall injuries, as it enables you to explain your injuries to the solicitor. The following guide enumerates the common types of slip and fall injuries.

Broken Bones

Slip and fall injuries can result in broken bones. The bones break when the pressure exerted is greater than the threshold bones can endure. Considering this, slip and fall accidents can place a lot of force on the bones. In these types of accidents, the common bones that are targeted are the hip bones, wrists, and ankles.

However, not every fall can result in broken bones. The likelihood of experiencing this injury depending on the factors of age and health. While elders are more likely to experience broken bones after a fall, an individual with adverse health conditions is also at risk. Moreover, the factors of health and age also play a role in the rate of speed of recovery after the accident. This group of individuals is likely to take longer to recover after the accident. Considering this, the compensation amount is larger for this group of people.

Sprained Ankles/ Wrists

Sprained ankles and wrists are other common injuries experienced after a fall. While this injury is not as painful, it can significantly affect the actions of your daily living. For instance, if your job involved typing, a strain in the wrist may hinder your operations. Similarly, your ability to cook, get dressed or walk may also be impaired.

Sprained ankles and wrists occur during the fall when the person makes an uneven step during the fall. The body’s natural response to danger is to try and prevent it from happening. As a result, many people unconsciously try to protect themselves from falling to the ground. When this happens, the ligaments in the wrists and ankles tear up. This can result in a strain or a sprain. The latter takes more time to heal.

Damage to the Knee

Slip and fall accidents can also cause severe damage to the knee. When a person falls, their body may twist in an awkward position, which can cause harm to the Medial Collateral Ligament (MCL) or the Anterior Cruciate Ligament (ACL). Knee injuries can also result in the dislocation of the patella, which is also known as the kneecap. If the fall resulted in knee damage, you may need to opt for reconstruction surgery in the near future. Taking this into account, your compensation amount would cover the cost of potential surgery in the future.

Dislocation of the Shoulder

Shoulder dislocation often requires immediate surgery. When you fall, the weight of the entire body can directly hit the shoulder. Additionally, this injury can also cause long-term problems. Therefore, it is essential to come up with a long-term treatment plan with the doctor before submitting a claim.

Nerve Injury

Slip and fall accidents can also result in nerve injuries. The spine and the nerves are one of the most fragile components of the body. In a slip and fall accident, nerve damage occurs as a result of direct trauma to the nerves. This type of injury may be cured with treatment, or it may be permanent. Depending on its nature, you can also receive compensation for the loss of future income.

Traumatic Brain Injury

Although rare, slip and fall accidents sometimes cause a traumatic brain injury or TBI. This type of injury can occur when the brain suffers a jolt from the fall. Traumatic brain injuries need to be treated as soon as possible. The failure to treat the condition can result in more complicated medical problems. Individuals with TBI experience intense pain, difficulty talking, problems with gait, and other complex issues. Additionally, to recognize the impact of TBI, a specialist is required. If you have suffered a traumatic brain injury, it is essential to seek compensation immediately.

If you have suffered a slip and fall injury, and wish to make a claim, you can seek out personal injury solicitors. These individuals can submit the claim on your behalf, and take every measure to ensure that you are returned with the maximum amount.

Medical Negligence In Laser Eye Surgery

September 25, 2020/0 Comments/in Uncategorized /by Adnan Ahmed

Approximately, around fifteen thousand people, per year, opt for laser eye surgeries in the United Kingdom. While these procedures are chosen by a vast majority of individuals, the treatment is not advanced enough to be classified as entirely risk-free. In fact, if you decide to pursue this procedure, you can suffer from numerous injuries.

With that said, medical negligence claims can only be submitted if the harm from the surgery is caused as a result of the doctor’s, the institution’s, or the medical staff’s negligence. If you wish to learn more about medical negligence claims, involving laser eye surgery, you can benefit from the ensuing tips.

The Risks Involved in Laser Eye Surgery

Laser eye surgery is a process that involves slicing a flap on the outer layer of the cornea, prior to making structural changes that result in an improved vision. These surgeries are carried out to improve myopia, hyperopia, as well as to treat astigmatism. One of the most popular types of laser eye surgery is called LASIK, however, there are a number of alternatives as well.

As the eyes are one of the most sensitive areas of the body, carrying out an operation comes with a significant number of risks. However, medical negligence is observed when the patient is not provided with the level of attention that is required to carry out the surgery. In such a scenario, a medical negligence claim can be made.

Despite the lack of attention from the surgeon, there are quite a few risks involved with laser eye surgery. These include:

Dry eyes
Double vision
Undercorrections
Overcorrections
Astigmatism
Flap problems
Regression (vision changes to the original prescription)
The gradual loss of vision

Laser Eye Surgery Negligence

In addition to the number of pre-existing risks, laser eye surgeries can become even more dangerous, if medical professionals employ a negligent approach. In this case, you can receive compensation for the loss of vision, or any other side-effect, which was caused by the direct result of medical negligence in Scotland. Negligence in laser eye surgery involves the ensuing:

Lack of consent

One of the most common factors, which enables you to make a medical negligence claim, is the lack of consent. Fundamentally, the surgeon is prohibited from performing any operations, without acquiring your permission, or the permission of a legal guardian (in case of minors). With that said, your surgeon must also educate you on all the potential risks and side-effects of laser eye surgery. Therefore, if your surgeon failed to provide you with a detailed idea of the risks involved, or if they failed to take your consent, you can submit a compensation claim.

Inadequate assessment

Laser eye surgery comes with a number of risks. Taking this into consideration, your surgeon is required to carry out in an-depth assessment to make sure that there are no additional risks that come with the surgery. The lack of proper assessments, prior to the operations, can give you the grounds for making a medical negligence claim.

Damage to the cornea or corneal flap

While there are many risks involved in the surgery, damage to the cornea or corneal flaps mainly occurs due to the negligence of the surgeon. If you, or someone you know, have suffered from this damage, you can submit a medical negligence claim.

Mistreatment or delayed diagnosis of infection

You can also make a claim if the damage is observed after the surgery. For instance, there are several occasions when the doctors fail to acknowledge the presence of an infection, which further damages your vision.

The Aftermath of Medical Negligence In Laser Eye Surgery

Medical negligence in laser eye surgeries can result in severe aftermaths. Therefore, if you, or someone you know, is the victim of this treatment, it is imperative to seek the assistance of an experienced solicitor. These experts can assist you in making a claim. The following impacts can result from medical negligence in laser eye surgery.

A degree of blindness is one or both eyes.
Blurry or impaired vision.
Extreme sensitivity to light.
Excessive tears or watering in eyes.
Dry eyes.

What Can You Do?

If you are a victim of medical negligence, you can seek assistance from a medical negligence solicitor. These individuals can help you acquire compensation for the medical treatment, the loss of income, as well as other areas that are affected by the damage. To make your case strong, the following initiatives can be taken.

Evaluate the risks involved in the procedure
Collect evidence for negligence
Find witnesses to support your claims
Talk to a solicitor to seek representation

Why do you need a Medical Negligence Solicitor?

A medical negligence solicitor has the experience, which enables them to skilfully present your claims. These individuals can provide counter-arguments to ensure that your case is approved. Additionally, a professional solicitor can ensure that you receive the maximum amount of settlement, which you are due. If you are looking for a trained solicitor, contact the experts at Hamilton Douglas Legal.

4 Common Causes Of Road Accidents

September 24, 2020/0 Comments/in Frontpage Article /by Adnan Ahmed

A single accident can change the course of your life. Life-threatening injuries, paralysis, and even death are common consequences for a small driving mistake. With that said, road accidents are not always your fault. Even if you drive attentively, another driver’s negligence can place your life at risk. However, in this situation, you can submit a road accident claim.

Road accident claims are submitted when you are involved in an accident, which was the result of a third party. In such situations, you can receive a settlement, in the form of a monetary reward, to compensate for the medical bills, loss of current and future income, as well as the other issues that may arise as a direct result of the accident.

Considering the serious repercussions of roadside accidents, it is essential to play your part in certifying the safety on the roads. To do this, studying the primary causes of accidents is crucial. Once the cause is determined, you can take preventative measures to reduce the possibility of the accident’s occurrence. Here are four major causes of accidents in the UK.

Driving under the influence

Driving under the influence is one of the most popular causes of road traffic accidents. Due to the high rate of accidents that occur, as a result of intoxication, there are several campaigns dedicated to creating awareness and giving a warning. Although the rate of driving in an intoxicated state has decreased over the last thirty years, drunk driving is still the prominent cause in the annual road traffic accidents, which result in death.

Essentially, driving in the intoxicated state also comes under legal restrictions. If caught, you can be banned from driving, charged a fine up to £5000, get a criminal record and be required to complete community service hours. With that said, if driving under the influence results in a fatal accident, a mandatory prison sentence would be served.

Legally, there is a limit of alcohol consumption that a person is allowed to have while driving. However, as the tolerance of every individual is different. The different factors, such as height, weight, and even gender, can have an impact on the person’s ability to lose control. Considering this, it is imperative to avoid drinking and driving altogether.

Loss of control over the vehicle

Another common reason, leading to road accidents, is losing control of the vehicle. In this case, the accidents take place when the drivers drive too fast, without slowing down to safe speed while taking a bend in the road or changing the lanes.

Additionally, the loss of vehicular control can also take place in harsh weather conditions. During harsh rain or snow, the rate of roadside accidents tends to rise. The risk of an accident further increases when the driver fails to drive carefully and slowly. When this happens, the car aquaplanes, which means the wheels lose traction on the road’s surface, thus causing the car to skid.

However, you can still regain control, after the car skids, by stopping the brakes and turning the skids. This means that you must steer the wheel in the direction that the car’s rear is facing, in order to create a balance.

With that said, it is essential to avoid putting yourself in a situation where you can lose control. As long as you follow the speed limit, and drive carefully during adverse weather conditions, you can prevent the car from losing control.

Reckless or rash driving

Reckless driving is also a leading cause of accidents. When you drive in a hurry, you can make aggressive mistakes, which can result in fatal injuries. However, speeding is not the only component of reckless driving. In fact, texting while driving, driving while distracted, and tailgating also falls in the category of rash driving.

Taking this into consideration, it is essential to drive attentively. To avoid a roadside accident, avoid using your phone, talking to people and driving with an exhausted state of mind.

Failure to gauge the other driver’s behaviour

One-fifth of all roadside accidents in the UK are caused by the driver’s inability to predict the other person’s behaviour. This can include miscalculating the gap when pulling out of a junction, or going around a populated roundabout. Most drivers tend to assume the other person’s behaviour, which often leads to a roadside accident. Therefore, in order to surpass this issue, it is essential to gauge to avoid making assumptions, and taking a cordial and careful approach while driving. In doing so, driving can become a much safer experience.

Road accidents can be avoided if every citizen plays their part in driving safely. However, you can only control your own behaviour, therefore, it is essential to partake in the aforementioned tips of accident avoidance. With that said, if you have been a victim of a roadside injury, you must hire a personal injury solicitor to receive compensation for the claim.

Personal Injuries At The Gym | Can You Submit A Personal Injury Claim?

September 23, 2020/0 Comments/in Uncategorized, Workplace Accidents /by Adnan Ahmed

The emphasis on fitness and wellbeing is one of the dominating trends of this contemporary era. Taking care of the physical body is just one form of expressing self-love. Therefore, a vast increase in people signing up for gym memberships has been observed. Parallel to this number, an increase in injuries, within the gym, has been noted.

Gym-related injuries can also be compensated for. If you were significantly hurt at the gym, which was a direct result of the gym’s negligence, you can be awarded a settlement for your injuries. To learn more about personal injury claims at the gym, go through the ensuing guide.

Common gym injuries

Over thousands of individuals are injured at the gym. The cause of the accident may vary for each individual, however, compensation claims can be made in the following circumstances.

Overexertion

You can submit a personal injury claim if your injury was a result of overexertion, provided that you took the assistance of a personal trainer. If your personal trainer is an employee at the gym, they are required to appropriately train you to use the heavy equipment. In case your personal trainer is neglectful, you can make a compensation.

Inadequate equipment

The lack of adequate equipment can also contribute to the personal injury claim. For instance, if you suffer an injury as a result of damaged or broken gym machinery, you can submit a claim. It is the responsibility of the institution to make sure that all the machinery and equipment are maintained and checked regularly. Therefore, if the gym is negligent, you can receive compensation for the injury.

Slips and Falls

Another common cause of an accident, within the vicinity of the gym, is slip and fall injuries. You can submit a compensation claim if the injury results from the gym’s inability to provide caution for wet floors or taking other measures to prevent slips and falls.

Lack of building maintenance

Similar to the preceding, the lack of proper building maintenance can also be a relevant reason to submit a compensation claim for your personal injury. The gym owners are required, by law, to keep the building up to code.

Factors to consider before submitting a claim

Personal injury claims are becoming relatively common. In order to avoid paying the fraudulent claim seekers, the requirements for approving the claims have become rigid. Therefore, to ensure a credible case, the following initiatives should be taken.

Make sure the injury is reported

The first thing that you need to do, following the injury, is prioritizing your safety. Therefore, before you get treated at the hospital or the gym, it is imperative to report the injury to the gym and record it in the accident book, if the incident is not documented in the accident book it could affect the credibility of the claim.

Go to the hospital

Regardless of the injury’s nature, it is essential to visit a hospital. This step is crucial as the medical reports can provide authentication about the severe nature and the harm caused by the accident. Fundamentally, the hospital staff can also treat your wounds to prevent any additional damage.

Keep records of your medical treatment

Once you visit the hospital, be sure to keep track of all your medical records, as well as the total cost of the treatment. These records can function as personal injury claims (Scotland) calculator, as the settlement amount would be matched with the cost of the treatment. Additionally, the hospital records can further provide documentation that vouches for the authenticity of your claim.

Write comprehensive notes

When you make a personal injury claim, it is essential to keep track of the entire process. Make detailed notes of every individual that you have communicated with, including the hospital staff, the gym staff, the insurance company, the law enforcement agency, and more. Be sure to have comprehensive recordings on how you were injured, as well as the steps you took after the accident.

Collect evidence

Having credible evidence can do wonders for your case. If you can, be sure to collect evidence in the form of videos, or photos of broken equipment, wet floors, or any other source of potential injury. Your solicitor can also acquire a permit to observe the CCTV footage of your accident.

Find a witness

Eyewitnesses can increase the credibility of your claim. If there were people who witnessed the injury, you can find them to give a statement to support your claim. However, if you are unable to track down the witness, communicate with a personal injury solicitor to assist you with gathering evidence

If you have been injured at the gym, taking the assistance of an experienced personal injury solicitor is crucial. You can hire a solicitor who works under the CFA, so you do not have to pay the fee until your case is approved. A personal injury solicitor can collect all the relevant evidence to increase the chances of your case’s success.