Claims and Compensation blog

Thursday, 4 March 2010

Personal injury compensation | Direct 2 Solicitors Personal injury compensation

When you are have been involved in accident that wasn’t your fault, whether it was in your workplace, in a public place or in the supermarket or local department store, you may be entitled to compensation. If you have sustained injuries as a result of your accident, they you may be able to claim for compensation.

To find out whether or not your case is strong enough to put in a claim, it would be worthwhile speaking to a solicitor who specialises in personal injuries claims. If they don’t think your claim would be successful for whatever reason they will tell you honestly. It would not be worth their while pursuing a case which doesn’t have a strong chance of winning because they will not get paid if you don’t win your case. Many solicitors work on a no win no fee basis and if they are not successful at winning your case for compensation, they will not receive any payment for their services.

Regardless of how serious your injuries are, you should speak to your solicitor about claiming for compensation. They won’t be able to give you an amount that you will receive but they should be able to give you a good indication about whether you will win or not.

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Saturday, 30 January 2010

Accident and injury specialise solicitors are very professional | Direct 2 Solicitors Accident and injury specialise solicitors are very professional

When you are looking for advice from a solicitor for an accident in the workplace, a slip or fall in public or a case of medical negligence, you need to be completely honest about what has happened to you.

Your solicitor needs to know all of the facts relating to your case if they are to pursue a case for compensation. There is absolutely no need to feel embarrassed about what has happened to you. Although it might be very distressing for you, it will be worth your while in the long run if you want to get some compensation for your injuries.

Solicitors who deal with cases relating to accidents and injuries are very professional. They will have dealt with hundreds if not thousands of cases such as yours in the past and they will know how to guide you through the processes for getting compensation.

The solicitor that you choose to hire will take care of everything relating to your case so you can concentrate on getting yourself better again. You won’t have to worry about a thing when it comes to your case. They will work tirelessly on your behalf to ensure you get what you deserve for your injuries.

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Monday, 26 October 2009

Awareness of personal injury claims is necessary | Direct 2 Solicitors Awareness of personal injury claims is necessary

There are people who are involved in accidents without any fault of their own. It happens all the time and due to such accidents a large number of people find they are unable to go back to work or worse depending on the accident.

When such an accident takes place where you are not at fault, you can claim for the losses that you suffer. This is known as a personal injury or accident claim.

In simple terms, when an accident takes place due to the mistake of a third party due to failure to take preventive measures or negligence, they have to pay for your losses.

It has been found that the number of accident claims has been increasing with every passing year. However, the need to make people aware of the alternatives is still apparent.

Large numbers of people fail to understand the options that are available to them in the event of a non-fault accident claim. Many people opt to utilise their own insurance. They do not know that they can take help from an accident claim solicitor to claim for injury.

It has been found that around 69% of people do not pursue a personal injury claim in the event of a non fault accident.

Accidents occur in various places. From workplaces to public places, every day accidents take place. When making a personal injury claim, the claim should be made within three years of the accident.

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Monday, 20 April 2009

The confidence to make a claim | Direct 2 Solicitors The confidence to make a claim

You've been injured and it was not your fault, but do you have the confidence to make a claim?

Thankfully, most of us manage to get through life without needing the services of a Solicitor - other than in conveyancing or will writing matters - and find the entire legal industry to be slightly scary and very foreign to us.

Therefore, at the very time when our client's need such a service, they are often at their most vulnerable. You see, when someone has had a nasty accident or been violently assaulted, the last thing that they want to do is hear a load of complicated legal jargon thrown at them when they try to make a claim for compensation for the injuries sustained.

And that is just those people who are already confident enough to make their Personal Injury Claim.

Worries

Regardless of background, most people have the same common worries when they get involved in a No Win No Fee Personal Injury Compensation Claim. Those worries are easily calmed by our expert and friendly team and include the usual issues such as "What will my claim cost me?", "What happens if I lose my claim?" or "How do I deal with the complicated paperwork?"...

However, there are other worries that many people have regarding their claim. These go right from the starting element of wondering if they have a legal right to make a claim, remembering what exactly happened to them (normally for elderly clients) and feeling embarrassed about making a claim.

Many people, especially the elderly, often fail to exercise their right to make a claim because they are worried that people will judge them for it if they do. As stated in my last blog (see: http://www.direct2solicitorsltd.co.uk/blog/ ) this is silly. For a start, no person will ever know that you are making a claim - unless you tell them - other than you and your Solicitor and maybe your GP. The Data Protection Act provides a great level of protection regarding such issues and should leave you safe in the knowledge that your claim is your matter - and a private one at that!

The real questions you should ask of any Claims Company or Solicitor when making your claim

If you find yourself in the situation of needing to make a Personal Injury Compensation Claim, you will need to find a suitable Claims Management Company or Solicitor Practice to manage the process for you. This is one of the most important things to get right as you only get one shot at maximising the potential payout that your claim may represent. If you choose the wrong company, and they manage your claim inadequately, your compensation settlement could well be lower than it should. Therefore, we recommend that you choose a specialist company with expert background - such as Direct 2 Solicitors Ltd as we tick all the right boxes. However, if you need to, here are a few questions you should ask of any Claims Management Company:
  1. Is the Claims Management Company approved by the Claims Regulation Monitoring & Compliance Unit (Ministry of Justice) and do you have Authorised status to operate within the Claims Industry re The Compensation Act 2006?
  2. If so, what is the Claims Management Companies CRM Number? Any such number can be checked out at: www.claimsregulation.gov.uk/search.aspx
  3. What background and experience does the Claims Management Company have?
  4. How exactly does the Claims Management Company get paid? (any company worth allowing to manage your claim will happily divulge this information - indeed, we are obliged to do so - see Direct 2 Solicitors Ltd paperwork to prove this!.
  5. How will the Claims Management Company deal with your claim? In your home, over the phone, by post etc etc...
  6. Will the Claims Management Company remain active in your claim even when the Solicitor has taken over the litigation work? (Direct 2 Solicitors remain available to all of our client's right through the claim process - giving a continuous contact and support to all clients).
  7. What time estimate have the Claims Management Company given? Beware of any companies promising speedy payouts or advising of possible payout amounts. Each claim is different and it is impossible to say exactly how long a claim takes to settle. Direct 2 Solicitors Ltd advise our client's that we don't really know the answer to this, but that a rough guide to this is anything from 6-9 months to 6 months - 2 years. Also, we have no idea what a likely payout will be as medical records must be viewed and a medical expert must write a report giving a prognosis on recovery times and possible dissabilities. Therefore, we NEVER give advice on this matter as it is an issue for your Solicitor.
Bear the above in mind when enquiring about making your claim!

Making your claim

To make your claim, come to us. Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.

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Thursday, 16 April 2009

Personal Injury Claims - is there a stigma attached? | Direct 2 Solicitors Personal Injury Claims - is there a stigma attached?

Why is there a stigma attached to making a Personal Injury Claim?

Unfortunately, some people are afraid to take up their legal right to make a claim for compensation, because they feel that they will be left with a stigma attached to them if they do. The peddlers of the 'compensation culture' myth have managed to generate an air of scepticism about the real right to make a claim. We often hear of a claims culture and phrases such as we "are becoming a litigious society just like the states" are often flaunted around. Whilst individuals are entitled to their opinions, unfortunately, such an opinion is based on falsehood and misunderstanding of the law.

Your legal right to seek compensation

In the matter of a Personal Injury Compensation claim, an individual has a legal right to pursue compensation for their injuries and losses subject to certain criteria. If their injuries were caused by the negligent acts of others - including employers, authorities or individuals - and the injuries are serious enough to warrant medical treatment and last for a certain amount of time, then a claim can be brought. The very point of someone receiving a compensation settlement is simple. The thinking behind it is to return the injured party to the financial state that they could have expected to be in if they were not caused an injury - this would include a sum for lost income, expenditure regarding medical treatment, care costs and expenditure on alterations to homes and cars relevant to the injuries and to also provide compensation for the pain, distress and discomfort caused to the individual by the injuries that they sustained. The level of compensation varies depending on the costs incurred, the level of pain and the length of time it took to recover - or not recover as the case may be.

Claims Culture

Those who consider someone making a claim to be a person 'on the blag' or getting something for nothing are clearly misguided. The printed press in particular are often full of sensational stories about how the compensation culture is ruining life - the phrase 'Health & Safety gone mad' is often bandied about - with no basis. The facts are simple. If an individual, authority, employer or organisation follows correct procedure, risk assesses situations and sites, provides training and in effect, does there bit, then they cannot be pursued for compensation. It is a pity that the enemy of the claimant has managed to make people feel bad about claiming compensation, especially when it is a legal right to do so.

Our message is simple. If you feel disadvantaged because of the injuries you sustained through no fault of your own - or the negligence of others then bring your claim without fear. Direct 2 Solicitors staff will not consider you to be 'on the blag' or getting something for nothing. We understand your situation and look forward to helping you.

Making your claim

To make your claim, come to us. Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.

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Wednesday, 21 January 2009

Ice - a danger, but is it a hazard that can lead to a successful claim? | Direct 2 Solicitors Ice - a danger, but is it a hazard that can lead to a successful claim?

Slipping on Ice - can you claim Personal Injury Compensation?

By recent standards, this current winter has been a cold one! For the first time in ages, we have had frozen lakes, frozen canals and frozen rivers. On many a cold morning - and even through the day on a colder day - the good folk of this land (including me!) have spent time scraping the ice from our windscreens before driving to work and the walking carefully from our cars to our offices to ensure that we don't slip and hurt ourselves. At this time of year, we get many calls from clients who have fallen on icy paths and steps, and sustained nasty injuries - usually fractures to wrists and arms. The one thing that all of these callers have in common is that they have slipped on ice, sustained nasty injuries and received medical treatment. But does that mean they have a claim?

Unlikely to be successful

Unfortunately, in the vast majority of these cases, we are unable to assist the caller and have to reject the matter. It falls down to a duty of care and the strength of liability against the people or authority responsible for the area in which the individual fell. For example, should someone slip and fall on a public footpath due to ice, it is highly unlikely that they would be able to prove sufficient liability against the local authority highways department responsible for the path to enable them to win any claim for Personal Injury compensation. Clearly, such authorities are obliged to grit/salt the roads etc in their areas, but they must prioritise the order in which they grit the roads and footpaths in their areas. It goes without saying that the main responsibility is to ensure that major roads are gritted - starting with motorways and A class roads, then moving on to heavy use B roads then if there is still time and the main roads are still safe, the c roads and unclassified roads and eventually the footpaths and pavements. As you might guess, the footpaths and pavements rarely get treated and it is easy to see why. So in a nutshell, if you are walking on icy paths, take care - you are unlikely to be able to claim compensation for any injuries sustained.

Exceptions

The duty of care on other parties when it comes to ice, can be far easier to claim against. For example, work yards where an employer expects staff to operate must be treated within a reasonable time of the ice appearing. Car parks and entrance ways at places of work or schools should also be treated - or signage situated to warn of the hazards. Steps and platforms at bus and train stations are also subject to higher duties of care. If you fall in any of these places on ice (or any other public location for that matter) ensure that your accident is recorded in the accident book, seek medical attention and then call us! It is likely that we will be able to take such a claim forward for you.

Making your claim

To make your claim, come to us. Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.

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Friday, 31 October 2008

Finding a No Win No Fee Claims Management Company or Solicitor | Direct 2 Solicitors Finding a No Win No Fee Claims Management Company or Solicitor

I read with interest a recent legal claim for Personal Injury Compensation involving a Rugby Player who claimed that he was blinded in one eye through the negligent and violent actions of an opponent whilst playing for Moseley against Coventry RFC in September 2001. Clearly, this is no standard or normal Personal Injury Claim and I doubt very much that the claimant was able to find a No Win No Fee Claims Management Company or Solicitor very easily.

Why?

This claim was always going to be difficult to win as it rested on the good old fashioned 'he said she said' kind of argument! In most No Win No Fee Personal Injury Claims, a Solicitor or Claims Management Company will evaluate the likely chances of success any claim will have. It is all about risk assessment and if a claim has strong chances of success, it can be run on a No Win No Fee basis (Conditional Fee Agreement) with ease. Clearly, if a claim is weak or extremely risky - as this one was - then it is far from likely to be taken on by a Solicitor on a No Win No Fee basis.
In most claims, there are clear hazards that were foreseeable, obvious negligence and rules broken - like for example when someone suffers an injury in the workplace because an employer cut corners and failed to provide the correct equipment and training. In cases like that, it is easy to evaluate a claim and get things moving. In the instance of the Rugby Players claim, such an evaluation would be much harder and therefore very risky for a Solicitor to take on with no guarantee of payment of their fees.

The Claim

As a result of the difficulty of this claim, the claimant Rugby player was left with no option other than to represent himself and it seems he did a very good job of it! He gave evidence at the courts and was able to call on witnesses from his Rugby team who corroborated his version of events. The courts were told that one of the two defendants was initially charged by the Police with Assault, but that the charge was later dropped due to a lack of sufficient evidence. The Judge took evidence from the claimant, witnesses and both defendants before adjourning the case for a while.

The result

After the adjournment, the Judge awarded the claim in favour of the claimant, but ruled that one of the two defendants were not liable for the injuries that had been inflicted on the Claimant. The exact level of damages will be set at a further hearing later this year.

Making your claim

To make your claim, come to us. Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.

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Friday, 10 October 2008

Why Direct 2 Solicitors is the place to make your claim | Direct 2 Solicitors Why Direct 2 Solicitors is the place to make your claim

The Personal Injury Compensation Claims Specialists

Clearly, Direct 2 Solicitors really is the place to bring your claim for Personal Injury Compensation, but why? Well, we have lots of things on our side. We offer a genuine transparent No-Win, No-Fee Personal Injury Claims service. We have no hidden charges and nothing lurking around the corner that will take our client's by surprise! Added to that, we have a very well trained team who know what there is to know about Personal Injury Compensation claims and how to get the right information to give our client's the very best chances of success with their claim. Our service is so easy to use too. We can complete nearly all claims over the phone, with a simple 15-20 minute claim application process. This takes the hassle away from the client and enables our team to compile a market leading claims investigation file which is ready for our expert Panel Solicitors to commence immediate litigation proceedings against the 3rd party responsible for the injuries and losses caused to our client.

Speed of service

Along with our industry leading panel of specialist Personal Injury Solicitors, we offer a speed of service which is second to none. Client's can request a call back via our website, reply to one of our Direct Mail Campaigns or other forms of marketing and we will contact them immediately. If there is a viable claim to be managed, we inform the client's of our transparent No-Win, No-Fee service and give them the full details of how we make our money. If they then choose to select Direct 2 Solicitors to manage their claim (which they nearly all do!) we commence the claim application call and get the paperwork completed. We then forward 3 simple items of paperwork to our client for their signature and return (so that they can formally instruct us and agree to our No-Win, No-Fee service). As soon as we have these important items back, the claim file is ready for consideration by our Panel Solicitors. The files are forwarded via email and our Solicitors make quick decisions. If they feel a claim is strong, they will call the clients and confirm the details given. If they then decide to take the claim, the claim is up and running - simple as that!

No Fuss, No Hassle

Direct 2 Solicitors clients can relax, safe in the knowledge that we are taking the strain out of the claim process for them. Even after our Panel Solicitor takes over the litigation work on the claim, we remain involved, available and there to assist our clients when they receive information that can be confusing. If needed, we visit people at home and ensure that the client's know and understand the situation surrounding their Personal Injury Compensation claim. We can never guarantee success with a claim, but we always guarantee our No WIn No Fee service - and are happy to do so in writing should it be requested.

Making your claim

To make your claim, come to us. Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.

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Thursday, 2 October 2008

Who is to blame for an increase in dangerous pavement surfaces? | Direct 2 Solicitors Who is to blame for an increase in dangerous pavement surfaces?

It wasn't me honest...

Over the course of the recent months, there have been numerous media stories that have been coming from the point of view of local authorities regarding the terrible strain that they have been placed under by the 'growing number' of Personal Injury Compensation Claims made against them. To us, this seems a bizarre thing for the authorities to do and it appears that they wish to shirk responsibility for their mismanagement of their statutory duties.
The media stories being released are trying to convince Joe Public that the reason for the increase in dangerous pavements that are liable to lead to injuries for which they will have to pay compensation is because of the amount of money being sucked out of their budgets to settle Personal Injury claims. Words and phrases used when mentioning claims include 'over zealous' 'frivolous' and even 'questionable'. For those who know the truth, these stories and versions of events just don't add up!

Their argument

The authorities see it that they cannot spend money repairing the pavement surfaces because they are having to keep funds aside to fight claims and fund staff to do the defence work. Well, this doesn't add up either. For one, they have insurance and secondly local authorities have had a statutory duty of care regarding pavement surfaces etc for 20odd years now. The councils state that they have had to shelve repair and remedial work due to a lack of funds. Well, our argument is that if they had carried out adequate bi-annual inspection regimes, repaired dangerous pavements before they deteriorated to such an extent that the cost of making repairs ballooned.

Defending the truth

Thankfully, there have been some stories from the 'other side of the fence' - from the point of view of the injured party and that of Joe Public. Solicitors and Industry bodies have pointed out that there has been a declining standard of pavements and a drop in investment in repairs for many years and that there has been no new drop in repairs due to the modern 'claims culture' that we are being hoodwinked in to believing.
We have the knowledge of what to many, a simple fall on a damaged pavement can do to peoples lives. Clients of ours have had their entire lives turned upside down due to sustaining injuries in such falls. Often, especially to the elderly, a fracture to a wrist, leg or spine can end the independence that we all cherish. This is no small matter. In our view, the authorities must accept responsibility for making the repairs we all want to see. If the pavements are sound, inspections are carried out and minor repairs undertaken when needed, then the councils won't face claims in the first place. Simple isn't it?!

Duty of care

Remember, your local authority highways department has a statutory duty of care to ensure that the pavements in your area are free from hazards. If you think that there is a hazard that could cause injury, phone your council and report the matter. They can come and inspect it and decide if it requires remedial work. Let's do our part and trust that the councils will do the same.

Making your claim

To make your claim, come to us. Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.

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Tuesday, 30 September 2008

Slip & Trip Public Liability Personal Injury Compensation Claims | Direct 2 Solicitors Slip & Trip Public Liability Personal Injury Compensation Claims

Slip & Trip claims - Who should foot the bill?

We have all heard the phrase "Where there's blame, there's a claim", but is that true? If it is true, who foots the bill for the compensation and what will it cost them?

The majority of 'Slip and trip' claims (correctly know as Public Liability claims) tend to be made against Local Authorities and Councils. The duty of care to maintain footpaths to a safe standard falls under the Highways Departments of the Councils of the UK. In basic terms, the law can hold the Council liable for injuries caused by a fall on a Public Footpath if a few basic criteria are met. These include, the height or depth of a hazard (hole or raised edge) on a footpath, the fact that it has been in situ for a certain length of time (at least 6 months and around 1 year) and that it has been reported to the Council or they have failed to carry out adequate inspection regimes.
These are fair criteria in anyone's book. we know that Council's have miles and miles of footpaths and road surfaces to check and maintain. They can't possibly be expected to repair any damaged or dangerous surface within hours, days or weeks of it becoming a problem. Therefore, to allow many months to carry out inspections and then action necessary repairs is very fair indeed. So, if the council's fail in their statutory duty to provide safe and well maintained footpaths, who foots the bill?

The Payers

Local Authorities are covered by Public Liability Insurance and it will often be the PL insurance company who foot the bill if their client is proven to have been negligent and at cause for an injury. However, we often hear stories in the media regarding the amount of council tax payers money that has to be kept aside to 'pay off compensation claims'. This story is often touted around the media as if to say it is terrible and a rip-off - almost as if it was designed to put people off from claiming. So, why would this story be presented in the way it is? Clearly, the councils are always under pressure to spend money in their regions. Everyone wants a piece of the pie and there is only so much pie to go around. In our view, Councils shouldn't be putting money aside to cover potential claims - if they are doing that, it indicates that THEY KNOW that they are likely to receive claims because they have not made an area claim proof! I don't understand this. Surely, it would be beneficial and far cheaper in the long run, for a Council to spend money ensuring that the pavements in their area are well maintained, employ a sufficient numbers of inspectors to inspect the pavements in their area and report back any faults that are liable to be 'claimable' and then spend the money on making their pavements and parks claim proof. Sure, you can never make anything 100% claim proof, but you can go alot further than some of the councils of our country have done. You see, they don't need to set £5 million big ones aside to settle claims. They need to continually invest in repairs, inspections and renewals of footpaths and the like on an annual basis. If this was done, the volume of genuine Public Liability 'slip and trip' claims would fall and thus, the insurance premiums and council costs would drop too. Simple isn't it?

Don't blame the injured party

To me it seems that the publishing of the story about how much money is set aside to compensate victims of personal injury accidents, is aimed at blaming them for the cost and to increase the belief in the myth of the Compensation Culture. Maybe the thinking behind it is 'if we can make people feel bad about taking tax payers money and that if they do, they are not really entitled to it, they won't claim'? I don't know, but it does seem odd.

If people are injured because a footpath has been left to rot or not been resurfaced and repaired, or tree root growth that has lifted paving slabs and created a minefield for the elderly and children has not been tended to within a reasonable time, why shouldn't someone claim compensation? I know that if I fell on a bad pavement and sustained a broken arm or ankle, I would want to claim. Why should I be unable to earn my wages because the council that I pay my council taxes to, have failed to repair a pavement?

Doing our part

Clearly, we the general public of UK Ltd, need to give our councils help. If we spot dangerous pavements with a hazardous appearance, we MUST inform our Highways Department. By doing this, we are ensuring that the Councils know about the hazards in their areas and can make them safe.

If they then fail to attend the area and make the relevant repairs, then they have no-one to blame other than themselves when their insurance premiums go up and claims are made against them.

Who you gonna call?

Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.

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Friday, 19 September 2008

The Compensation Culture Question | Direct 2 Solicitors The Compensation Culture Question

The Compensation Culture Myth

Everyone has heard of the Compensation culture. Apparently, we are living in a litigious society and one regularly hears cries of 'we are becoming like America and claiming compensation for everything'. Well, we know that this is not the real case. As I have blogged before, a claim is only viable when an individual, company or organisation has caused injury and losses through negligent actions. Any claim is made against a 3rd party Insurance Policy that is already in existence, in just the same way as you make a claim for damage caused to a car in a crash from the guilty parties Insurance. So why does the myth of the Compensation Culture exist? Who peddles this myth and what are their aims? Read on for our opinion on this matter.

Myth Busters

To get to the bottom of the reason for the creation of the Compensation Culture myth, we need to look at who loses out financially when a client successfully wins their legal claim for Personal Injury Accident Claim Compensation. It goes without saying that the biggest loser when a claim is won, is the Insurance Industry. As always, Insurers take the fees for the policies that they supply and accept the risks of insuring their clients, yet when it comes to paying out compensation to the genuine victims of injuries caused by negligence, they are not so quick to settle up. Sure, they should never settle a claim without fully investigating the matter and ensuring that the claim is genuine and honest. But when a claim is proven, settle it they should, and they do, albeit sometimes begrudgingly.
So, the infamous Compensation Culture, why peddle it? There are a whole host of reasons for this and many vested interests. Unfortunately, many people with viable claims caused by genuine negligent actions often dont wish to pursue their rights and make a claim for Personal Injury Compensation. That is fine and their right to do so, but it is a pretty sad state of affairs when individual legal rights are overruled by myth and pressure from massive wealthy corporations. We have often been told by clients that the reason that they dont wish to claim is because they dont want to be part of the compensation culture and they dont want to be seen as getting something for nothing. Something for nothing? Why? Again, I point out the car damage scenario. If your car was damaged, you would think nothing of making a claim for the repair work or write off settlement fee from the guilty 3rd parties insurance policy. Making a claim for Personal Injury Compensation against an employers liability insurance policy or local authority public liability policy is no different.
In our view, the fact that people have been convinced that making a genuine claim is a dirty and cheeky thing to do suits everyone but the guilty party and their insurance partner.

Pressures on the Claims Industry

In 2006, the Labour Government passed the Compensation Act. We are in support of this. It introduced a regulatory authority to oversee our industry. Claims Management Companies must now be authorised to operate within the Personal Injury Claims sector. This is right and proper and to be supported. However, their is a very strong lobby placing great pressure on our industry and Government from the Association of British Insurers to introduce further aggressive changes which they hope will squeeze even more companies out of the industry and prevent more people claiming compensation. It boils down to the fact that the Insurance sector dont like it when a claim is settled, not only do they pay the compensation to a client, but they also have to pay the clients legal fees. What they want to do, is make it harder for Solicitors to be involved in claims and get the clients to claim directly to the insurers.

Why?

Well, it is promised by the Insurance Sector, that any such move would lead to quicker insurance settlements and lower fees for the insurance sector to manage. They also state that Claimant Solicitors would not slow the process down in order to ramp up their fees. Basically, they are claiming that Solicitors are the problem. The way we see it is (unsurprisingly!) from a completely different perspective. If clients claim directly to an insurer, they MAY get their claim settled more quickly, but they may just as easily have their claimed turn down when maybe it should not have been. Surely, an Independent Solicitor is the best person to manage a claim. They will know if a claim is viable and genuine, how much a suitable settlement would be and what processes to follow to ensure that any settlement is made in the clients best interests. Often, individual claimants who go directly to an insurer settle quickly, but have undergone NO medical assessment. A qualified Specialist Personal Injury Solicitor, such as the members of the Direct 2 Solicitors Personal Injury Solicitor Panel, will ensure that a medical expert reviews the clients injuries and likely recovery or otherwise and fight tooth and nail to ensure that a claim is settled in their clients best interests. Sure, they earn fees by representing clients. But their fees are earned legally and by ensuring that they have represented their client properly. The fees are never paid by the client as both we and our Solicitors operate a genuine No Win No Fee claims service. But what is wrong with that? Dont let yourself be fooled in to believing in the Compensation Culture myth. It may be good for some if you do, but it wont be good for you.

Who you gonna call?

Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.

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Thursday, 14 August 2008

How to avoid a bad No Win No Fee Claim experience! | Direct 2 Solicitors How to avoid a bad No Win No Fee Claim experience!

Scared of the dark? Wont walk under ladders? Dont cross on the stairs? A few odd superstitions and irrational fears that humanity has developed over time. So, you see some people avoiding the above, for no reason other than an old wives tale! Fair enough I guess? But it is amazing how many people don't avoid some of the real pitfalls in life and do things like enter in to a very important legal matter, such as making a Personal Injury Compensation Claim. They often do so without understanding what they are agreeing to and just how see through the company that they are instructing is.

Transparent Accident Claim Service

Direct 2 Solicitors, has a very transparent arrangement and we make a point of disclosing what we get paid when successful, what our Solicitors pay us and what if any fee you would pay if your claim was successful. Unfortunately, we have been approached by clients who have chosen badly when making their claim with a cowboy outfit that have deducted high sums from settlements that had not been explained clearly at the outset, or that they had not queried at the outset. Also, we have heard from clients who have been unable to make contact with the person running their claim. Numerous messages left, unanswered letters and a lack of support is the last thing you need when dealing with a complex and alien matter like a Personal Injury Claim. Direct 2 Solicitors are available Monday-Friday from 9am-5pm on 0800 9177456 with an answering service outside those hours. We guarantee to call you back the next working day if a message is left.

One shot for success

Remember, You only get one chance to make a claim for any accident, so it needs to be right. Often at such a late stage when things have gone wrong, we can do nothing to help these individuals other than point them in the direction of the Claims Regulation team at the MoJ. We have also had clients come to us late in the day when another Claims Management Company or Solicitor has all but ruined their chances of success. Most people know that you have 3 years to make a claim, but most dont know that any Claims Management Company or Solicitor will need at least 6 months of that period remaining in order to ensure that they can prepare a decent case and get it registered in the courts in time, should that be needed. In the past, some firms have wasted time by not acting on a claim or failing to place it promptly. We work hard to ensure that any claim is seen by the full extent of our panel in the quickest time frame. Indeed, we only allow a Panel Solicitor 5 days to view and consider a claim and accept or reject the chance to litigate on that matter. If they fail to say yay or nay in that time, we take it away and try it with another.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back..." box at the top right of this page.

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UK Personal Injury Lawyer specialising in Accident Compensation Claim, Personal Injury Settlements, No Win No Fee* Claims

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