Blog Posts: May 2010

Sunday May 30, 2010 at 3:30pm
While cancer diagnostic testing has improved, failure to diagnose or misdiagnosis of cancer is still common. Cancer remains one of the top causes of death globally. The most common cancers include bladder cancer, prostate cancer, lung cancer, breast cancer and pancreatic cancer. A lot of medical negligence cases against medical professionals and hospitals relate to failure to diagnose cancer. Cancer can be treated and cured if it is diagnosed in its earliest stages. If your doctor has perf
Saturday May 29, 2010 at 10:46am
Despite advances in clinical care, on occasion, mistakes occur, resulting in preventable injuries such as cerebral palsy being caused to infants before, during or soon after birth. Cerebral palsy can lead to a lifetime of emotional and financial difficulties.  If you suspect your child sustained cerebral palsy before, during or soon after you gave birth as a result of a medical mistake, you may be entitled to claim medical negligence compensation for pain, suffering, loss and future expens
Friday May 28, 2010 at 8:31am
While hysterectomy is a common and generally safe procedure which involves the removal of the uterus or womb under local or general anaesthesia, on occasion, mistakes occur, resulting in preventable injuries to women. Hysterectomy injuries can sometimes be serious leading to a lifetime of emotional and financial difficulties. If you or your loved one suffered injuries while going through hysterectomy, you may be entitled to claim medical negligence compensation for pain, suffering, loss and fu
Thursday May 27, 2010 at 9:06am
State benefits are deducted from personal injury compensation amounts. If you received certain benefits from the Government as a result of your personal injury, the Department for Work and Pensions will recover from your compensation an amount equivalent to the relevant benefits you were paid. If you received benefits such as disability working allowance, incapacity benefit, job seekers allowance, income support, reduced earnings allowance, severe disablement allowance etc, your compensation amo
Wednesday May 26, 2010 at 6:26am
You are entitled to claim interest on your accident injury compensation, if your claim exceeds £200. This is often overlooked by injury solicitors and yet it is an effective way of increasing the level of your accident injury compensation. The court has power to award you interest. It is therefore important that interest should be included in your claim for injury compensation. Interest on compensation for pain, suffering and loss of amenity runs from the date your claim is taken to court
Monday May 24, 2010 at 8:33am
When you suffer serious injuries in an accident, you are unable to work for a long time. You are struggling paying your household bills, loans and your mortgage. There is a simple procedure frequently overlooked by injury lawyers which can be of great practical help to you. This procedure is called interim payment (advance payment) of some of your accident injury compensation. A specialist personal injury lawyer should know how to claim interim payment on your behalf and should be able to a
Sunday May 23, 2010 at 10:41am
You have a right to make a complaint about any aspect of medical treatment you receive from a hospital, doctor, nurse, physiotherapist, general practitioner, dentist, pharmacist or anyone else employed by an NHS Trust. A complaint should be made within 6 months of the date of the incident, or within 6 months of finding out that you have a problem relating to treatment you received from the hospital or doctor as long as it is within 12 months of the incident. It is advisable to make you
Saturday May 22, 2010 at 9:31am
How much is my claim worth is a common and valid question asked by many of our personal injury clients. First, you need to know how personal injury compensation is assessed. You can not understand your compensation amount or the figure you have been offered unless you know how it was calculated by the insurance company. There are two aspects to personal injury compensation amounts. The first one is called general damages which simply means that the amount can not be measured. This compensation i
Thursday May 20, 2010 at 7:01am
Accidents in supermarkets commonly involve slipping on liquids, water or fruits in the shopping area. This is normally because of spillages. The majority of our clients who have had accidents in supermarkets are pensioners but we also help others who are below pension age. Supermarket accidents can cause serious fracture injuries to the hip or fractures of the coccyx. These injuries can be very painful and are often experienced in slipping accidents where the first point of contact with the floo
Wednesday May 19, 2010 at 6:11am
Frozen shoulders sometimes develop following a traumatic injury sustained in an accident. However, most often, frozen shoulders occur for no apparent reason between the ages of 40 and 60. In this blog, I will focus on frozen shoulders resulting from injures sustained in accidents. If your symptoms started after you suffered broken collar borne injuries in an accident, your frozen shoulder, might be related to the shoulder injuries. You should see your doctor for a proper diagnosis. Frozen should
Tuesday May 18, 2010 at 7:15am
Your solicitor can give you a time estimate based on experience. There is no set period when personal injury claims must be settled. The average simple car accident claim where a person has suffered whiplash injuries, for example, can be settled within 6 to 12 months. This will be the case if fault is admitted by the other driver. Other claims such as serious medical negligence claims can take upwards of 2 years if the doctor (s) or hospital disputes fault. If your injuries are more complicated
Saturday May 15, 2010 at 10:11am
Industrial related hearing loss or deafness is a common condition people suffer from usually those employed in heavy productive industry. The intensity of noise experienced at work over time can lead to deafness, partial hearing loss or tinnitus (an irritating ringing sound in the ears). If you are experiencing hearing problems, for example, when having conversations or when watching TV or listening to radio, this could be the starting point of deafness or hearing loss. You should seek medical h
Friday May 14, 2010 at 7:01am
Every year many workers at construction sites or warehouses are killed or seriously injured in forklift accidents. Most forklift accidents are preventable. If you have suffered an injury in a forklift accident, you may be entitled to claim personal injury compensation. The Most Common Causes of Forklift Accidents are: • Forklift tipping over because the load is unstable. Loads are required to be arranged safely on the forks. • Forklift falling sideways or dropping the load be
Thursday May 13, 2010 at 8:43am
Dangerous parts of machines are responsible for many accidents at work Your employer’s primary responsibility is to take preventive measures in securing hazardous equipment likely to cause personal injury to those who work at them or come close to them. The measures your employer must take should include the following: • Provide fixed guards enclosing every dangerous part or rotating stock-bar; • Provide other guards or protection devices where and to the extent that it is practi
Wednesday May 12, 2010 at 7:15am
Slip and fall work accidents are commonly caused by wet floors or slippery surfaces, broken stairs, uneven areas of carpet, objects left on the ground and poor or broken lighting. Victims of slip and fall work accidents suffer serious and sometimes life-threatening injuries. After a slip or fall accident at work, you should make a note of the following: 1. Where you were coming from and where you were going to. 2. The time of day- the court may take into consideration the fact that a worker may
Tuesday May 11, 2010 at 7:57am
How to choose which solicitor is best to handle your personal injury claim, though seems common sense, there are important matters you need to know before selecting a personal injury solicitor. I have noted some key points from our experience in helping people claim personal injury compensation. Many clients usually change personal injury solicitors after they have been badly let down. They come to us with horror stories. Some of the firms they move from are big national firms who buy claims fro
Monday May 10, 2010 at 7:46pm
Liverpool Women’s hospital is facing medical negligence claims from more than 200 patients who were treated by Mr. George Rowland a consultant urogynaecologist (specialist in benign disorders of the bladder such as urinary incontinence). Mr. Rowland treated over 1500 women since 2000. Following patient complaints about the treatment provided by Mr. Rowland, the hospital commissioned an independent review in October 2008. The independent report by Verita which was published on 19 March 2010
Monday May 10, 2010 at 6:24am
What are the responsibilities of your employer? Falling objects are responsible for many accidents at work. Your employer’s primary responsibility is to take suitable and sufficient steps to prevent the fall of any object. If that is not practical, then the company must take suitable steps to prevent any person from being struck by a falling object. Employers are specifically prevented from throwing or tipping any objects likely to cause personal injury. Materials and objects should be sto
Sunday May 9, 2010 at 1:37pm
Employers do not have a right to sack or harass employees who make claims for personal injury compensation after a work accident. If your employer harasses or sacks you, a complaint to an Employment Tribunal can be made against the company. Your employer is responsible for your health and safety while at work. Most companies are aware that employees may be injured in the course of their duties or may become ill as a result of their work. Employees have the right to claim compensation from their
Saturday May 8, 2010 at 1:58pm
Apart from denying full responsibility for your work place accident, your employer may also attempt to blame you for the accident. The company may say that you were partly at fault. This is what is known as “contributory negligence”. The most common situation where the employer can use the rule of contributory negligence is where you failed to follow company instructions and procedures. The employer may have been at fault by for example, failing to carry out proper risk assessment, b
Friday May 7, 2010 at 4:17pm
The House of Lords (now known as “The Supreme Court”) has confirmed the right of employees to expect their employers to fully protect them from risks relating to the use of work equipment even if the equipment itself is not faulty. In Robb v Salamis, Robb was working for Salamis Ltd as a scaffolder on board an offshore oil and gas platform in Aberdeen. He was provided with accommodation on the platform. His cabin was equipped with bunk beds, on two levels. Robb slept on the upper bed
Thursday May 6, 2010 at 9:31pm
Personal injury lawyers must follow certain procedures before going to court. The guidelines are called the Personal Injury Pre-action Protocol (PI Protocol). The aim of the protocol is to encourage early and more meaningful exchange of information which in turn leads to cases settling without the need for going to court. The aims of the PI Protocol are: • more contact between both sides before going to contact. • better and earlier exchange of information. • better investigatio
Thursday May 6, 2010 at 3:13pm
It is very confusing when you see all these companies advertising for personal injury claims online, TV and newspapers. How do you make a choice when they all seem to make the same promises: No Win No Fee, 100% compensation and the rest of it? If you or your loved one have been involved in an accident, claiming compensation may not be the priority. You need medical attention before anything else. Certainly you do not need people knocking at your door or following you in the supermarket car park
Wednesday May 5, 2010 at 9:46pm
Conditional fee agreements (Commonly known as “No Win No Fee” agreements) were introduced by the Legal Services Act of 1990. The aim was to open up access to justice to everybody regardless of your means. Taking legal action against someone can be very expensive. For example, if you had an accident at work as a result of your employer’s fault, you may need a personal injury solicitor to help you to claim compensation. However, you must think how you will be paying your solicito
Tuesday May 4, 2010 at 9:34pm
How much is your claim worth? The majority of people, who contact us for advice after an accident, enquire about the amount of compensation their claim is worth. Personal injury compensation (also known as “damages”) will be awarded to you only if you can prove that you have suffered injuries as a result of another person’s fault. You will not get compensation if you have not suffered any injury. Compensation will only be given to you if your injuries were caused by the negli
Monday May 3, 2010 at 11:04pm
It is most likely that you will be able to pick up your can of baked beans along with your personal injury service package from your local supermarket in 2012. The Legal Services Act 2007 dubbed “Tesco Law” has introduced what is known as Alternative Business Structures, or ABs. This will allow big retailers like Tesco or ASDA and banks to enter the legal service market and compete with lawyers. The Co-op has already launched a free legal helpline to take advantage of the forthcoming


The information on this blog is provided as a general guide only. It is not intended to be a complete and authoritative statement of the law and might be out of date by the time you read it. It is not a substitute for professional advice which takes into consideration specific facts of each case and any changes in the law and practice. No responsibility can be accepted by Balinda & Co for any loss suffered by any person acting or refraining from acting on the basis of the information on this blog. We offer free legal advice with respect to personal injury claims. Telephone 0800 321 3287 to discuss your particular claim.

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