The legal system in the UK predominately works upon a common sence approach and Law, it can sometimes be useful for you to understand the nature of this when your filing for a personal injury claim as it will impact upon your award value.

There are 6 main principles:

1] The facts

Gathering provable factual information is crucial, the more facts you have, photos, medical reports, dates, times, witnessess etc.  The stonger your case.

2] The Evidence

You can talk until the cows come home if you havent got the evidence to sustantiate the matter its going to be a difficult case to prove. 

3] The Law

If you were involved in an accident resulting in personal injury that was not your fault then the law is on your side.  There are many acts and laws set in place over the years to protect citizens of the uk.

4] Your injury

The seriousness of your injury has to be considered.

5] Specical damages

These are any damages resulting in your injury such as expences, time off work, travelling costs etc.  All to be considered in your claim.

6] The intangibles

These are other factors that will be considered such as your economic status, standing in the community, sympathy will come into play if your a widow and your emotional state of mind as a result of your injuries.

A car accident or RTA can be really distressing.  As if the initial shock of impact is not enough, the last thing you will be thinking, is to grab the necessary details.  None the less this is a crucial thing to do for the future if you are considering putting in for an RTA claim or settling matters with the insurance companies.

We receive many enquiries each month from individuals wanting to claim, following a road traffic accident where a third party was to blame.  So here’s the advice we dish out straight from the rta solicitors who fight on your behalf for damages.

Firstly try to gather information from the scene – if you can’t get it immediately go back later with a friend.

This is going to help both your insurance company and a solicitor obtain the best possible outcome at a later date.   Sketching out the accident, photographs and descriptions are all good so take a pen and paper along if you re visiting the scene.

Collect details – details are king and will really help matters in the future

• Contact details, names, addresses and telephone numbers of drivers. 

Were there any  pedestrian witnesses if so take their details or passengers involved.  If a party is driving during the course of employment you should take both the driver and the employer’s details.  

It may be worth noting a description of the driver, location and any distinguishing features.

• The accident time and the accident date.
• Vehicle details including vehicle make, model, reg number, colour, any modifications and if relevant and the number of passengers in each vehicle.
• Were the parties using headlights and/or indicator lights.
• What were the weather conditions, visibility and lighting conditions, including street lighting
• Name, “collar number” and force details of any police officer attending and other emergency services details if appropriate.

• Identify the damage to each vehicle involved.
• Identify any injuries to persons involved.
• take some photographs of the accident scene if you have a camera to hand.

 Information to note at the time or after the accident

• A description of what happened, sketches are also a great use of the vehicles’ positioning.
• What rough speed were the vehicles doing.
• What type of road were you driving on.
• A description of the scene of the accident, including any relevant road markings.
• Were the parties were using headlights or indicators.
 
It is actually an offence for someone to refuse to give the other driver details following an accident, if there has been injury or property damage.  Accidents should be reported to the police within 24 hours and please remember to Inform your insurance company of the accident as quickly as possible. 

Your insurance company may refuse to insure you if you have not notified them of the accident within a set time period.

We use the broad term “Medical negligence” to describe any treatment, lack of treatment or other variation from the accepted standards of medical, health or safety care on the part of the health provider which causes harm to a patient.

Medical negligence can include misdiagnosis, improper treatment, failure to treat, delay in treatment and  failure to perform appropriate follow-up and prescription errors.  

 Cancer is one area where early diagnosis is crucial.  It is a most distressing illness caused by the cells which make up the entire body.  When one cell changes and grows and divides rapidly out of control cell division takes place eventually forming a growing mass of cancer cells which is called a tumour.

There are two types of tumour known as benign or malignant. Benign tumours are not normally dangerous and include moles and warts.  Malignant tumours occur when the cancerous cells are able to spread into nearby organs where they can cause serious damage.

Metastasis occurs when cancer cells travel around the body through the blood vessels eventually beginning to divide and grow again in a new part of the body forming a new secondary tumour or metastases.

Medical science has revolutionised cancer treatments and early diagnosis can often lead to full recovery.  In some cases if the illness is not diagnosed properly or promptly it can result in a case for medical negligence where unnecessary suffering takes place.  Medical negligence can lead to delays in diagnosis and may deprive patients of the chance of a cure.

Medical negligence is an awful reality to face not only for the individual but for the family concerned and it’s not always the fault of the medical practitioner.  Therefore it is essential to seek legal representation from a firm of solicitors practiced in this field.

There are many types of cases that can result in negligence

Ovarian

Ovarian cancer is a malignant tumour that effects approximately 1.5% of women during their lifetime.  The condition begins in the ovaries and the cancerous cells sometimes break away from the ovary and spread to other tissues and organs and can also enter the bloodstream or lymphatic system and form new tumours in other parts of the body. 

Breast

While breast cancer often responds well to early cancer treatment, it may go undetected for months which will result in a serious delay in starting treatment. There are more legal claims arising from this condition than any other disease, it is always advised to get checked out early and if you feel you have been miss diagnosed to seek a legal opinion.

Lung

The detection of lung cancer is carried out using a number of techniques including radionuclide investigations, CAT and MRI scans and Mediastinoscopy.   There are many medical mistakes leading to a delay’s in diagnosis these often include failure to have a biopsy performed and failure to react quickly to biopsy results.

Cervix Cancer

Cervical cancer is a preventable disease which is why regular smear tests are important to identify pre-cancerous changes. The tests must be carried out properly and translated by specialists who can then eliminate the chances of illness.  If it’s detected during the early stages survival rates are very high with rapid and appropriate treatment.

Negligence cases arise when cervical cancer is misdiagnosed or when slow reaction to the illness causes problems.

Prostate Cancer

Prostate Cancer is the most common carcinoma in men.  There are over 30,000 diagnosed cases each year in the UK of which 10% are fatal.  Prostate cancer can be identified by using PSA screening and recovery rates are good if detected at an early stage.

Colon Cancer

Colon cancer is the second leading cause of carcinoma death within the UK.  The misdiagnosis of colon cancer will usually result from a failure to evaluate the complaints of rectal bleeding.   In these cases the illness can develop resulting in substantial damages awarded in the case of negligence.

There has been an increase in recent years in the number of keyhole surgery and laparoscopy procedures which has increased the level of complications and fatalities.

The majority of complications are with the initial surgical entry, and most of the medical negligence claims concern damage to the bowel, injuries to blood vessels and the use of electro surgery.

There are established protocols and subject to unusual anatomy, any injury at this stage may have been caused as a result of medical negligence.

While there are numerous advantages in keyhole surgery not least the lessening in pain and suffering and reduction in recovery time, there are very well established methods for the physical procedure of these operations.  

What is less known is that because of the nature of blind entry into the body, mistakes which may be made as a result of an error of judgement can have serious and sometimes fatal consequences.

The laparoscopy procedure itself involves making incisions to insert a fibre optic camera into the body.  The camera transmits live pictures of the procedure onto screens in the operating room. The camera is used to guide the surgical instruments around the inside of the body, the most dangerous part of this procedure relates to the initial insertion of the camera as this must be done blind and at that point there is a risk of unintended physical damage.

If a surgeon fails to follow tried and tested laparoscopy protocols intended to reduce the risk of accidental damage they may be liable in negligence to pay compensation for any injury.

General Surgery often results in surgical injuries caused as a result of medical negligence and includes:

 • Operating on the wrong site within the body.
• Incorrect surgical procedure, could include removing the wrong part of the body.
• Unnecessary surgery unrelated to the diagnosis or carried out on the wrong patient.
• Surgical instruments such as sponges, swabs and other items left in the body. It is estimated that several hundred patients are unfortunate enough to have surgical instruments left in their body every year.

If you have been unfortunate enough to suffer medical negligence following a LAPAROSCOPY and Keyhole surgery operation you should contact a solicitor for advice, your compensation award could be significant and would improve the safety of these operations in the future.

Neonatal medical conditions can arise shortly after a child is born and if there not treated quickly and effectively they can place a child at serious risk of permanent disability or even death.

This is why Healthcare professionals such as consultants, doctors, midwives and nurses are more vigilant in the early part of a child’s life and should be aware of the warning signs of these problems.

Failure on the part of the healthcare professional to act appropriately, in a timely manner may mean that they are negligent and in the case make them liable to pay compensation for any harm suffered by the child as a result of their inaction.

The most serious neonatal conditions that give rise to claims for compensation include:

 • Hip Dysplasia
this is a dislocation of the leg from the pelvis and a delay in making a diagnosis of hip dislocation is a frequent cause of litigation against those responsible.  Examination of the hips is an important neonatal clinical screening test throughout infancy and a careful examination of the hips should be carried out at regular intervals until the child is walking normally.

• Neonatal Hypoglycaemia
This is a condition that results in lower than normal concentrations of glucose in the infants blood stream causing damage to the brain and impairment.  Some children are at increased risk during the hours and days after birth

• Kernicterus and Hyperbilirubinaemia
These are relatively rare conditions however the consequences can be devastating and lead to cerebral palsy.
Parents suffering neo natal medical negligence should contact a solicitor and discuss the case, you should not pay a penny regardless of your income and your child’s award could be substantial.

Obstetric Cholestasis is a liver disorder and affects approximately 1% of pregnant women. The condition is caused from a reduced flow of bile fluids which are produced by the liver.  There are very little symptoms apart from itching mainly on the hands and feet.

The itching disappears within a week or two of delivery however the condition poses an increased risk of harm to the baby and subsequent pregnancies for the mother in some cases can be fatal unless it is recognised promptly and treated.

Research has indicated, high levels of oestrogen produced during pregnancy inhibit bile flow which create a build up of bile salts in the blood, resulting in itching and occasionally jaundice.   It is the build up of bile salts that pose a danger to the unborn child.

We would advise any pregnant woman who believes that she is itching more than normal to seek professional help which usually means having a doctor take a blood sample for evaluation of liver function.
If the liver function is abnormal after eliminating other possible diseases and disorders a diagnosis can then be made.  As the condition is relatively rare many midwives, doctors and other medical staff are not knowledgeable about the proper procedures for handling this disease.

Many claims result from negligence occurred during the diagnosis stage of this illness resulting in harm to the mothers baby.

A subarachnoid haemorrhage is a sudden leak of blood over the surface of the brain.  This effects over 8,000 people in England every year.

 In the majority of cases there is a brain aneurism,  the people at the greater risk are those with high blood pressure and people who smoke. The injury is more common as people get older however a brain aneurysm can also occur in people with no known risk factors.

The bleed can often happen at a time of physical effort such as coughing, going to the toilet, heavy lifting or straining or during sex. The symptoms in many people include a sudden, severe headache at the back of the head followed by being sick. The headache usually persists for more than an hour. In more severe cases, the person may collapse and lose consciousness some people can have fits.

For most people suffering from a subarachnoid haemorrhage they do not know what the problem is.  There usually carted off to accident and emergency department and the Diagnosis is not so straightforward.

Patients may arrive at the hospital suffering from a severe headache of sudden which may have cleared or the patient may be in a coma.

Accident and emergency doctors should be fully aware of the warning symptoms which usually give an indication of a bleed in the brain and shouldn’t  ignore the relatively minor ones.  Even so diagnosis is sometimes missed even by specialist neurologists and neurosurgeons. 

Subdural Haemorrhage and extradural haemorrhage are two other examples of frequently misdiagnosed brain haemorrhage. 

 • Subdural haemorrhage - often slowly evolving, frequently starting after trauma to the head with elderly people being particularly susceptible.

• Extradural haemorrhage - usually occurs, after a head injury and frequently as a result of a contact sports injuries.

Most medical negligence cases arise due to the misdiagnosis of the above conditions and in the treatment of these cases.  Many mistakes have been reported in the treatment of Subarachnoid haemorrhage.  In cases where operations to repair the brain aneurism have been negligently performed it is possible to claim for compensation with large awards expected.

Cauda Equina, is Latin for ‘horses tail’ and relates to the bundle of nerve fibres at the base of the spinal column that control movement and feeling. The pressure on this bundle of nerves causes symptoms including pain, sensory loss in the sacral region, weakness in the legs and loss of bladder control.

 This can all be diagnosed with an MRI, Myelography and CAT scans.  The condition is rare however prolapsed disc problems are very common and about 2% of lumbar disc protrusions result in pressure on these nerves.

 In most cases Cauda Equina Syndrome arises as a result of negligent surgery or because of a delay in diagnosis.  Late treatment may result in a worsening of the condition often making it untreatable and leaving considerable discomfort and disability which can in the most serious cases include paraplegia.

The most common cause of Cauda Equina Syndrome results from a prolapsed disc pressing on the bundle of nerve roots at the base of the spinal column. Delay in treatment can cause irreparable damage.

The surgical treatment of an acute nerve compression is usually regarded as a medical emergency due to the potential for serious damage and consequences to the victim if treatment is delayed.

The failure to diagnose resulting in treatment delays are with subsequent unnecessary disability is probably the most common cause of Cauda Equina Syndrome compensation claims we receive.

Damages can also be very substantial especially in younger victims because of the potential for debilitating injury which would result in a reduction of earning for the foreseeable future in addition to damages for pain and suffering.

We receive many requests each day, some really obscure, as I write this article my inbox is filling up with many such cases.

Obviously if you have had an accident and you have been personally injured and it was not your fault then your case is a lot easier to prove.  However if you believe you have a case that doesn’t involve any injury then it’s important to consider the nature of the case in determining success and compensation award.

Cases involving unfair dismissal, mistreatment at work, racial abuse for example are not specific personal injury cases.  Yet non the less these cases are serious matters and deserve attention.

It is possible for a no win no fee solicitor to take on cases like these even though there are no physical injuries involved.

They should be able to successfully prove and win your case with no cost to the claimant as most if not all costs can be recovered in court.

If your case falls outside of the above a solicitor will have to evaluate this on a cost basis and assess the level inconvenience or damage caused by the actions of those responsible.  It may be in such cases that the solicitor agrees to take costs from your settlement or it may be in such cases that you will have to pay for the solicitors time to take the matter forward.

We receive many enquiries from people wishing to sue against loss of income, damages against the media, council or loan organisations to name a few.  Many decide not to move forward based upon the level of costs involved.

The first thing to establish in making a claim is what your claiming for.  This may sound like a ridiculous and obvious thing, in reality though many people really don’t know what their problem is.

I review countless cases each day from a cola bottle purchased with Arabic writing on it, to an RTA (road traffic accident) involving no third party just bad driving on the vehicle owners part with no injury.
So think about it and categorise your complaint.

Have you for example:

• Suffered and been injured from an accident while you were at work.
• Been injured in a car accident that was not your fault maybe you were a vehicle passanger.
• Suffered from medical negligence.
• Had an accident in a shop or on the road maybe you slipped or tripped over and hurt yourself.
• Been unfairly dismissed from your place of work.
• Suffered injuries from a violent attack.
• Suffered injuries from an accident that was not your fault.

Whatever the case may be, you may not have to have major injuries or any at all to receive compensation however in the case of personal injury it does help with the claim.  Consider the injury you have suffered, every type of injury has a value.  Many no win no fee solicitors will make an assessment on whether they will take on your claim based upon the fact of the injury value.

It sounds really harsh I know but it’s a true fact.  I receive many denials based upon insufficient injuries.  So it’s important to be clear about what your injury is and go and see a doctor.  This is really important if the case goes to court to prove your injury after the event.  You can also look at www.realcompensation.co.uk for information relating to the claim value.