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| Road Traffic Accidents: |
| Drivers: |
If you have been injured as either a driver or passenger in a car we can provide speedy yet accurate advice on the merits of your claim and assist you to receive the appropriate compensation as speedily as possible. Unlike many of those unqualified ‘No Win - No Fee Compensation Claims Consultants' who accost the public on the street and in the shopping malls, and who promise the earth but don't always deliver, Benjamin Roberts is a fully accredited specialist personal injury law firm therfore you can trust our advice
Note; All is not lost if the other driver is not insured or leaves the scene of the accident before you get the chance to obtain their details as you may still be able to claim for your injuries and losses against the Motor Insurers Bureau (MIB). In such cases do not delay in reporting the accident to the police. The MIB have very stringent rules on the reporting of acidents to the police and in certain cases will not meet any claim for compensatrion unless the Claimant has reported the accident to the police as soon as reasobaly practicable after the accident. |
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| Passengers: |
As a passenger in a car accident obtaining your deserved compensation is usually quite straightforward. One of the drivers, either yours or the other driver involved in your accident must be liable for causing the accident and therefore your injuries. What is certain is that you had no control over the accident and therefore you will be able to claim from either or both drivers involved in the accident.
We can help you claim substantial compensation in such cases.
Note; All is not lost if the other driver is not insured or leaves the scene of the accident before you get the chance to obtain their details as you may still be able to claim for your injuries and losses against the Motor Insurers Bureau (MIB). In such cases do not delay in reporting the accident to the police. The MIB have very stringent rules on the reporting of acidents to the police and in certain cases will not meet any claim for compensatrion unless the Claimant has reported the accident to the police as soon as reasobaly practicable after the accident.
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| Motor Cyclists: |
Motorcyclists are usually more severely injured than car occupants when involved in road traffic accidents due to the lack of a steel frame surrounding them. This is the only difference to the usual car accident.
We have dealt with the whole spectrum of seriousness from the minor jarring and bruising to the fatal.
Note; All is not lost if the other driver is not insured or leaves the scene of the accident before you get the chance to obtain their details as you may still be able to claim for your injuries and losses against the Motor Insurers Bureau (MIB). In such cases do not delay in reporting the accident to the police. The MIB have very stringent rules on the reporting of acidents to the police and in certain cases will not meet any claim for compensatrion unless the Claimant has reported the accident to the police as soon as reasobaly practicable after the accident.
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| Cyclists: |
Sadly cyclists are more vulnerable to road traffic accident due to the inattentiveness of other drivers who do not see cyclists as they take cursory glances before affecting their manoeuvres. Cyclists are usually more severely injured than car occupants when involved in road traffic accidents due to the lack of a steel frame surrounding them. This is the only difference to the usual car accident.
We can deal with the whole spectrum of seriousness from minor jarring and bruising injuries to the fatal.
Note; All is not lost if the other driver is not insured or leaves the scene of the accident before you get the chance to obtain their details as you may still be able to claim for your injuries and losses against the Motor Insurers Bureau (MIB). In such cases do not delay in reporting the accident to the police as the MIB have very stringent rules on the reporting of acidents to the police in certain cases and will not meet any claim for compensatrion in such cases unless the Claimant has reported the accident to the police as soon as reasobaly practicable after the accident.
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Pedestrians |
If you have been involved in a road traffic accident as a pedestrian regrettably you are likely too have been seriously injured. A vehicle is as much of a weapon as a loaded gun and if not managed properly can cause serious if not fatal injuries.
As a pedestrian you should always be careful when crossing the road however the slightest inattention can lead to serious consequences.
Drivers, behind the wheel of a fast moving tonne of metal, know this and are supposed to be extra vigilant when pedestrians are around. Sadly this is not always the case.
Even if you believe you were somewhat in the wrong in these type of accidents you may still be entitled to compensation due to the inattention of the driver. Even if the driver was not 100% to blame you may still be entitled to a substantial amount in compensation which can help in the day to day costs of dealing with the temporary or permanent disability caused by such accidents.
Don't give up before you've even started
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| Accidents and Injuries at work: |
Your employers have a duty to protect you at work and there are various health and safety laws which have been specifically enacted in order to provide employers with comprehensive rules under which they should operate. Sadly many employers either take no notice of these rules ( regrettably many of our clients tell us about their employers “they don't care about health and safety all they are bothered about is getting the job done as quickly as possible” ) or get it sadly wrong.
Under these rules your employers should;
- Provide you with a safe place to work. Inside and outside from the floor to the ceiling
- Provide you with appropriate and safe equipment. Properly guarded and fit for what it is supposed to do.
- Provide you with a safe system of work. Even if you don't mind a bit of risk.
- Avoid the need for you to lift heavy or awkward weights.
- Provide suitable training for the use of any equipment. Even if you think you don't need the training
- Provide suitable protective equipment wherever necessary.
- Prevent you from being exposed to dangerous chemicals or other dangerous substances.
- Provide you with safe and competent fellow employees.
Your injuries may have been caused by the repeated exposure to certain types of work. Therefore you may not be able to pinpoint the exact date of your accident. However, you may still be able to claim against your employers for industrial disease.
Industrial Disease type cases can include injuries such as orthopaedic upper limb disorders such as tennis or golfers elbow, tendonitis, lower back strain, vibration white finger industrial deafness and asbestosis.
When thinking about making a claim for an injury suffered at work there are a number of steps which can be taken in order to make it easier for you to make the claim.
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| Slips and Trips: |
Public Authorities have a duty to ensure that places which are maintainable at the public expense are properly maintained so not to cause a hazard which could cause an accident. Such a duty includes maintaining the roads and pavements and pathways in playgrounds and parks. As you would expect maintaining does involve ensuring the roads pavements and foot paths are not dilapidated to such an extent that they would be deemed to be a hazard such as with holes in the road, uneven flags or missing kerbs, but maintaining can also include keeping the roads pavements and pathways gritted and / or free from ice in icy weather, and keeping steep paths free from slippery moss or oil or other slippery substances that could cause accidents.
Owner and occupiers of land and premises have a duty to protect their visitors and even trespassers against hazards in their premises. For instance shop keepers have a duty to protect visitors to their shops against hazards such as slippery or dilapidated floors, faulty shop fittings, tripping hazards such as boxes in the middle of the floor and steps which are not conspicuous.
Owners of land even have a duty to protect trespassers against hazards they have created on their land.
If you have suffered an injury by slipping or tripping out in the public or on land or in premises belonging to someone else we can provide quick and accurate advice about the potential for making a claim and then assist you to claim your deserved compensation.
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| Vicarious Liability |
If you have been injured because of the actions of another you are able to make a claim against that person's employer if that person was acting within the course of their employment when they conducted that act.
For instance, if you were assaulted by another person whilst they escorted you from their premises you could claim against the employers of the perpetrator of that assault for any injuries suffered. If a co- worker negligently injures you whilst carrying out a task at work you do not have to claim against your co-worker as your employers are deemed responsible for the negligent actions of your co-worker.
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| Product Liabillity: |
All retailers of goods have a duty to ensure goods that are sold to their customers are of satisfactory quality.
When goods go wrong they can cause serious injury.
Our solicitors have assisted clients to successfully claim in many product liability cases from allergic reactions to exploding kettles.
If you have not entered into contract with a retailer, by actually purchasing the defective product yourself, you are still offered protection against defective products against the manufacturer of such goods under the Consumer Protection legislation.
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Other types of accidents/incidents; |
| Criminal Injuries / compensation: |
If you have been the subject of a criminal assault the person who was responsible may not be insured against the assault and may not have any funds in order to meet your claim for compensation against them. In such circumstances the next option is to make a claim against the CICA.
Benjamin Roberts can also assist with Claims against the CICA by assisting in the completion of the application, obtaining evidence to substantiate your losses, advising on the appropriate award for the injuries suffered and assisting in appealing any decision not to grant an award from the fund or limiting any such award.
The awards available for the CICA are very limited and there are certain things which must be considered before making a claim.
You must have cooperated with the police. This includes reporting the incident to the police as soon as reasonably practicable after the event and assisting throughout the prosecution.
You must not have provoked the incident.
Your injuries must be serious enough. The CICA will not meet any claim for compensation if the injuries would attract compensation of under £1000. If you have 3 distinct minor injuries you may still be able to claim so long as certain criteria are met.
If you have criminal convictions yourself this is taken into account when any award is decided.
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Professional Negligence |
If you have settled a Claim for Compensation for personal Injuries in the last 6 years and don't believe you received the full compensation you were entitled to you may be entitled to compensation from your previous Solicitor.
Benjamin Roberts have been approached by an increasing amount of clients who are not happy with the advice provided by their previous solicitor. This has become more prevalent with firms seeking to settle cases too quickly in order to enjoy a quick return. Unfortunately this can work out to the detriment of their clients.
We will consider the advice previously given to you and assess whether the correct advice to settle was indeed provided.
If your previous solicitor has advised you to settle a case wrongly and you settled your case for less than it was worth we can assist you to make a claim against your previous solicitor for the compensation you have missed out on. If your case is still ongoing and you are being pressured to settle a case wrongly we can take over the case from your current solicitors in order to claim the correct compensation for your losses.
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