Month: May 2018

Recovery and RTA Compensation Claims for Motorcyclists

Posted on May 14, 2018 by GLAdmin - Blog, Traffic Accidents

RTA compensation claims are there for when you need them the most. As a motorcyclist, you may be fast but you are still one of the most vulnerable people on the road. Think of it this way, you may wear a helmet and protective body gear, but if you fall off your bike then this can have some serious repercussions. One of these could literally mean that you spend months in hospital trying to recover from an accident. If this has happened to you then you may be considering what legal procedures are available to help you recover. You need support to help you get back on your feet. A successful RTA could mean that you do not have to worry about your finances during your recovery period. Instead, you can take things at your own pace.

If you were the victim of an accident whilst you were on the road, your recovery time can determine how much compensation you are entitled to. A trained RTA solicitor can help you through this difficult period. That way, you can focus on yourself and making sure that you are strong enough to go through with the case. A lawyer can take care of all of the smaller details that can determine who was at fault (aka. had liability) for the accident.

How can a motorcyclist be injured on the road?

Naturally, when you think about who could be at fault for a motorcycle accident, you think that it must be a different vehicle. If you want to claim compensation for your RTA injuries, you need to show that you were not at fault.. In fact, it was a different driver or pedestrian that did something dangerous, aka. Breached their duty of care whilst utilizing the road.

Here are some examples of the most common accidents that could happen to you if you are not careful:

These are some of the most common ways that a motorcyclist can get hurt in an accident. If you are looking for compensation then you need to prove that the accident was not your fault. Instead, it was due to the negligence of the other road user. For instance, if the other person was speeding, driving under the influence of drugs or alcohol, or perhaps even making a sudden stop in front of your motorbike, this could mean that they are not reacting appropriately to prevent you from getting hurt. Instead, they may be an inexperienced driver that simply does not know how to handle a dangerous situation on the road.

No matter what the dangerous situation is, if you have evidence to show that you were not the person at fault in the collision, there is a high chance that you could claim compensation if you have the right evidence to prove your case. Let’s have a look at an example to see n compensation case in action:

Was Mike the victim of a RTA?

Clearly, Mike is the victim of the accident. He was an experienced motorist who decided to be responsible by installing a dash-cam to keep safe during crowded commuting hours. The other car breached their duty of car by not indicating that they were going left. This meant that Mike was not able to react in time to this decision. If they had signalled then this would have allowed Mike to control his speed and make sure he kept a safe distance from the vehicle. The evidence of Mike’s dash-cam clearly puts the odds in his favour, especially as he is still suffering from the repercussions of the accident to this day. Mike was not at fault and therefore was owed RTA compensation from the other driver. Every driver should have vehicle insurance to ensure that they can pay for it.

If you do not have any evidence then your case may simply turn into a case of “he said, she said.” In that case it may not be accepted and you are left without the compensation that you need to recuperate. If a motorcyclist is in an accident then it is 27 times more likely that they will die from the car accident. This is because you have less protection than someone who is in a car, plus you also have a higher chance of being run over by a different vehicle who may not have seen the accident.

What sort of compensation can be claimed from a motorcycle accident?

The compensation that you receive will basically be from the defendant’s insurance company. Your motorcycle accident claims solicitor will take into account the physical, psychological and financial impact of your accident. For instance, if you were left with PTSD or perhaps took out a loan in order to pay for motorbike repairs. The amount you receive will depend on the severity of your injury and how long it will take you to recover. This could be split into:

General Damages: Compensating for your suffering and amenity losses.
Special Damages: Compensating you for financial losses (including lost earnings).

Just remember that the compensation from the insurance company can come from a range of different people. It may not just be that it was the fault of the other driver. Instead, it may have been due to:

Pedestrians
Environmental Factors
Road Hazards
Motorcycle Malfunctions

Speak to your solicitor about which of these could be the main cause of your accident. That way you can make sure you are speaking to the right party about your compensation. Choosing the wrong defendant can mean that there is a chance that your claim could be invalidated. Your lawyer can help you throughout the process and support you.

Recovery Times

One of the worst things that can effect a motorcyclist is the amount of time that is needed to recover. If your injuries are severe, it could be months before you make a full recovery. This means you won’t be able to go to work or make money. You will lose out on your wage and may be in pain during this difficult period of time.

Take a look at this case study to see how difficult recovery can actually be:

If you look at Paul’s case you can see that the emotional trauma of his injuries added to the stress and strain of the situation at hand. He did believe at that moment that he was going to die and was forced to deal with this trauma throughout his recovery period. He lost out on his wage and had the added stress of whether or not he would be able to walk in the future. This is a terrifying prospect for anyone, especially as he was not the reason behind the accident.

Has a similar situation happened to you? If so, Gowing Law Solicitors is here to support you with any sort of RTA compensation claims. Having an injury whilst making a traffic accident claim can be extremely stressful. A solicitor can help organize your evidence in the most efficient way to help your case. They can help you avoid pitfalls and ensure that you know the precise amount of compensation that you are owed. This can help you relax and keep calm as your RTA claims specialist does all the hard work for you.

Evidence needed for successful motorcycle RTA compensation claims

If you are seriously thinking about RTA compensation claims for a motorbike accident, the first thing you need to think about is gathering your evidence. When you fell off your motorcycle, you should have taken down details of the driver who hit you or the environment that caused the fall in the first place. You will also want to involve the police in order to get a full police report about the incident.

Of course, the most important thing that you need to think about before you take down evidence is your own health and safety. How badly were you injured by your accident? If you are seriously hurt, you may need to go to hospital. However, if the wounds are not so bad, before you have a check-up, you may want to:

Take pictures of the environment, roadsides, damages and the other vehicle.
Ask for statements from witnesses.
Ask about the insurance number of the other driver.
Create a quick a diary entry to remember all of the details of the crash.
Find out about how to get a police report copied to you.
Use a dash cam to retrieve video evidence of the crash.

After you have been to hospital and are organizing your evidence, there are still additional things that you can do to strengthen your case. This includes:

Keeping any communication about lost wages, medical treatments or financial losses.
Receiving a doctor’s note about your injuries.
Speaking with your insurance company to assess your damages.

Once all of this has been filed away, make sure to take copies to your solicitor. They can let you know which ones will strengthen your case, especially if you are looking for a large compensation pay-out.

A Motorcycle RTA compensation claims solicitor can help you!

All of our motorcycle RTA compensation claims specialists know exactly how to help you with your case. They can offer you free advice and consultations to get you started. If you are interested in further assistance, they work on a ”no win-no fee”basis. This means that even if you do not win your case, you will still come out on top! Their experience will put you at an advantage so you will know exactly what you are owed and how you can get it.

To learn more about our RTA compensation services, please call 0800 041 8350, email info@gowinglaw.co.uk or directly talk to our team through our contact page. They can help you with any additional questions you may have!

Want to know more?

Gowing Law’s blog page is always kept updated with some of the most pressing law topics. This includes the basic facts and specialized questions so that you can prepare yourself for your case. For instance, if you are worried about the current pandemic, please familiarize yourself with your workers’ rights blog or our safety in the workplace article. We are certain that we will find a topic that suits your tastes. Please contact info@gowinglaw.co.uk if you have a topic you would like us to cover. We would be happy to oblige you!

Good luck with your compensation case.

Medical Misdiagnosis: How a mistake may change your life!

Posted on May 14, 2018 by GLAdmin - Blog, Uncategorised

No matter what your ailment is, your doctor should take your diagnosis seriously. A medical misdiagnosis could severely impact your standard of life. Although your health specialist cannot be right 100%, there are times when they get it wrong that it could leave you in a life-threatening situation. Don’t let a medical misdiagnosis be the bane of your existing. It’s time for you to take back control of your future and claim compensation with the help of a trained medical injury solicitor.

The different forms of medical misdiagnosis

You are reliant on medical professionals to make informed decisions about your illnesses and ailments. If you leave illnesses and problematic conditions for too long then your doctor can only do so much. However, there are cases where they may get it completely wrong. There are three main forms of a medical injuries that you could claim compensation for:

If any of these have happened to you then you could be able to claim compensation. However, you will need to prove that the lack of care, or potentially the wrong type of care, hurt you or caused irreparable damages (i.e. additional complication), especially if you have been refused medical treatments that could have helped improve your life.

However, you may feel conflicted because of the amount of care that did go into your treatment. True, you may have had the best care and a kind and caring doctor, but if they did end up doing more harm than good, it is worth pursuing compensation to help you with any additional costs or living expenses.

Case Study Example: Misdiagnosed Migraines

If you are currently suffering due to a medical injury, you may feel too tired and stressed to try and follow up for compensation. But you need to remember that claiming compensation is your right. You deserve to recover in comfort.

Let’s have a look at our case study below to discuss why he was due compensation.

As you can see, one simple medical misdiagnosis can lead to devastating consequences. Due to being misdiagnosed with migraines, this outcome affected Danny’s:

Appearance
Financial Situation (i.e. being able to go to work)
Quality of Life
Independence

The Consequences

Before, Danny was able to support himself and lived a reasonably independent life. However, after he did not receive the appropriate treatment, he began to depend more and more on his family. This can have severe mental consequences and in some cases leads to depression and anxiety. No one wants to feel like they look bad or feel constantly exhausted from doing day-to-day tasks. If Danny received the correct treatment then he may have had a better outcome.

The fact that there could have been a better outcome proves that there has been an area of care that has been neglected. Several diagnoses were made and yet it wasn’t until the very end that his condition was correctly addressed. If the time had been used wisely then Danny could have ended up in a different situation. This is why he clearly had a compensation case on his hands.

If you have been placed in a similar situation then you need to have an experienced medical negligence solicitor to help you with your case. These cases can get very complicated, therefore it would be wise to have the advice of an experienced lawyer to help you avoid any types of pitfalls that could invalidate your medical negligence compensation claim.

The Basics of a Medical Misdiagnosis Claim

If you think that you have a compensation claim, then it is important that you fully understand your rights. That way you know what you are entitled to and, more importantly, what you could get with a medical misdiagnosis claim. If you were fully aware of the risks of your operation, this could mean that you are not entitled to compensation. However, if you are a victim of negligence, you could claim thousands with a successful case.

Whether you have suffered a personal injury at the hands of a medical expert, at work or even due to a motorcycle accident, you deserve to be compensated for your injuries. These injuries can change your life for the worse, especially if you are forced to rely on other people to maintain your “independence” and sense of daily routine. Don’t be a victim. Instead, file for the compensation that you deserve.

Things you cannot do with a medical negligence compensation claim

Whilst it is important to be following UK Government procedure about raising a health claim against the NHS, there are some things that you cannot do. You need to realize that despite the trauma and strong emotion you may be experiencing, a clinical negligence claim is solely about claiming compensation. You cannot:

Have a healthcare professional disciplined
Change the work procedures for either a hospital or healthcare unit
Make the medical professional apologize to you

If you are going to compile a compensation case against the NHS, it will most likely be handled by the NHS Resolution (NHSR). Most of these cases handled by the NHSR are out of court or end up being dropped. Make sure to speak to your lawyer about how you would like to proceed with your claim. In some cases, they may be willing to offer compensation if you do not move your legal claim to court. Instead, they will document it and keep it on their database.

Were you the Victim?

Before you move forward with your claim, think carefully whether or not your case will stand up in court. You need to prove that you were the victim of medical negligence, instead of being the victim of an unsuccessful medical treatment. During 2017/2018, the NHS paid outs its highest compensation to the Lewisham & Greenwich NHS trust. This was to settle 33 claims at an overall £24,568,884. Whilst you will not be owed this amount of money, you could still claim a figure that can support you through a difficult period of time. If you truly have been a victim of a misdiagnosed medical issue, this can help you get through the worst of your issues, especially if you require assistance for the rest of your life.

A successful medical claim will show that the negligence of medical staff resulted in your suffering, the worsening of your original medical issue or even financial troubles. These cases can become quite complicated. You will be judged on:

Your level of hardship
The treatment you received
If any misdiagnoses were made by your medical practitioner

Originally, a misdiagnosis case depended on the “Bolam Test.” This would determine whether the treatment the victim received was below reasonable standards of care. However, this has now been expanded to include “informed consent.” In other words, the victim did not receive all the information required from the practitioner to make an informed decision about undergoing treatment. The claimant did not understand all of the risks, therefore was injured as a result.

Loss of Wages

When you discuss how much you could be due in compensation, it is important to remember that your claim covers more than just your injuries. If you were unfairly dismissed or did not received statutory sick pay (SSP) then this could mean you could file for compensation. This is because if the accident had not happened, you would not have a reduced standard of living. If your claim is successful then the medical practitioner has a duty of care towards you. They must maintain your standard of living and quality of life.

Remember you have the right to:

Make a complaint that is fully investigated.
Know the outcome of this investigation.
Contact the Parliamentary and Health Service Ombudsman if you feel like you are being unfairly treatment.
Claim compensation if you have been mistreated or had your medical affairs worsened due to negligence.

How to move forward with a medical negligence claim?

Our specialist medical injury experts in Manchester are here to help you with your compensation claim. All of our Gowing Law Solicitors work on a ”no win-no fee” basis. We can also offer you free advice and a consultation to steer you in the right direction. If you need any support then our solicitors will be here to guide you. Medical negligence cases can be some of the most complicated cases in the court system. That’s why you should not undergo them alone. Our solicitors can help you understand all of the legal jargon and what sort of compensation you are due.

All you need to do is fill out a contact form on our medical negligence page and we will set up a consultation. You can also contact our staff directly at 0800 041 8350 or email us at info@gowinglaw.co.uk. Feel free to also use our direct messaging system on our contact page!

Want to read more of our law blogs?

If you are still interested in learning more about the law, feel free to keep scrolling through our blog. We keep it updated with the latest law information. That way, if you have a claim then you can understand precisely how you can go about it. The topics in our blog include information about PPI tax, immigration Visas, writing a will and much, much more!

We hope you enjoy reading our latest blogs. Please let us know if you have any law topics you want us to write about. Our law writers would be more than happy to oblige!

Cosmetic Negligence: Disfigurement, Blindness & Fillers

Posted on May 14, 2018 by GLAdmin - Blog, Medical Negligence

Cosmetic Negligence is not something to laugh about. As a sponsor of Botched!, Gowing Law Solicitors understands how a problematic beauty treatment can cause a world of problems for people. Fillers tend to be one of the main culprits in the beauty world that go wrong. If you have suffered due to dermal fillers, and have even had to cope with facial disfigurement. Don’t deal with these problems on your own. Gowing Law Solicitors can help you get the compensation that you deserve. Read on to learn about fillers, the problems of fillers and how you can make a claim about fillers that have gone wrong.

What are Dermal Fillers?

Before we jump into how you can get compensation for any beauty problems, let’s start off with a little information about dermal fillers themselves. We will start off with the basics:

As you can see, dermal fillers are a medical procedure that are used by both women and men to improve their wrinkles and appearance. However, they do come with their own risks. The level of these risks depend on the experience of the cosmetic practitioner, and the type of dermal filler they are using to smooth your skin. You do not have to do this. However if you feel like it is the only option for you then make sure you do your research before you pick a practitioner and the amount of treatment.

Different Types of Dermal Fillers

Of course, whilst we are mainly talking about skin fillers, there are other types of facial dermal fillers you can consider. Here are some examples:

Specialist Concerns

Nowadays, botox and dermal fillers are becoming more common-place. Some people don’t see it as any more of a procedure than having their hair or nails done. Therefore, they don’t appear to be a serious issue, despite the fact that only a licensed health professional can give out this prescription- only medication.

A leading cosmetic specialist, with over 14 years’ experience in facial aesthetics, has countered to this, indicating that over a quarter his work is dedicated to damage-control from hairdressers and beauticians

Medical Thoughts

“We’re seeing more and more cases where patients are coming in with serious problems,” he explains. “And not little lumps and bruises but where fillers have been injected into blood vessels or into arteries and the damage that can be done is frightening.”

It is too easy to get access to these services outside of medical professionals/ professional cosmetic services. Many people think they can simply go to their hairdresser or a friend and get them injected at a lower rate. This is how problems occur. An example comes from our cosmetic specialist:

“If Botox and/or fillers are injected into blood vessels, or too much around blood vessels so they are compressed, that stops the blood supply to the tissue and causes what’s called necrosis. The lack of oxygen then kills the tissue so the skin on your face basically dies. We see a case of skin necrosis every six to eight weeks and not all will require surgery, some can be injected with an enzyme, but if it’s not spotted soon enough then plastic surgery, specifically a skin graft, will be needed to correct it.

We’re also getting reports of cases of blindness too with fillers which have been pushed into people’s faces and gone into the central retinal artery. So although it’s been trivialised to the point where it’s become part of some people’s regular beauty regimes, they don’t realise just how dangerous and damaging it could be.”

Can I claim compensation for a botched dermal filler?

If you think you have a dermal filler compensation claim, the main thing that you need to prove is that the injury you suffered was due to your medical professional’s cosmetic negligence. Your cosmetic professional needs to be able to ensure your health and safety during the procedure. However if the following happened, there is a likely chance that you could have a successful compensation case on your hands:

Procedure Mistakes: Your medical professional may have made a mistake during the dermal filler procedure. This could include over-correction where too much filler was injected or perhaps even an incorrect placement of the needle. This can make your skin look lumpy under the surface, meaning that you have unwanted side effects.

Incorrect Advice: If your cosmetic professional did not talk you through the procedure before treatment, including the pros, cons, risks and side effects, you have a case of medical negligence on your hand. They provided you bad advice and did not allow you to make an informed decision before taking the treatment. If you had been fully informed of the possible problems, you may not have had the treatment. This means you have a legitimate compensation case on your hands.

Allergic Reactions

Another reason why you may be able to claim for compensation is due to an allergic reaction. If you had not been questioned about any allergies, or asked to take a health risk assessment, this can show that you were not properly taken care of. Their negligence can give you a reason to file for compensation.

Waivers & Compensation

You may be worried about making a claim because you signed a waiver before treatment. Well, don’t worry, you can still claim regardless of this! Just because the surgeon/medical cosmetic professional informed you of the treatment, they still owe you a duty of care. This means if the cosmetic surgeon is negligent during the injection procedures, you can claim for compensation if you are injured.

How do you move forward with a cosmetic negligence compensation claim?

Botched Cosmetic Surgery is never fun to deal with on your own. So, we would recommend that the first thing you do is visit our medical negligence page to learn more about our cosmetic negligence claim solicitors. However, before you do so, make sure to gather up as much evidence as you possibly can, including dated contract papers and statements. You may also want to send a letter of complaint to the surgery that botched your fillers. That way you can inform them of your intent to claim compensation.

Gowing Law Solicitors are ready to help.

For more information, please contact Gowing Law Solicitors today! We would be more than happy to help with your medical negligence claim. Call 0161 808 8888 or email info@gowinglaw.co.uk. Our trained team of medical negligence claim solicitors would be happy to give you free advice on a no win, no fee basis.

We look forward to hearing from you soon!

Accident at Work Claim: Fast Food Chef suffers life changing injuries

Posted on May 14, 2018 by GLAdmin - Blog

It’s more common than you think to have an accident at work claim. When it comes to your place of business, it should be an environment where you feel safe enough to do your job. No matter what your profession is, it is your employer’s job to ensure you are comfortable enough to bring out the best of your abilities. Unfortunately, we can only do so much to prevent an accident. Accidents in the work place can happen, therefore whilst you are in your place of employment, it is your employer’s legal duty to keep you as safe as possible.

Whilst most employers will be sensible and train their employees appropriately in health and safety measures of the work place, if an accident does happen, you need to make sure that you get statutory sick pay (SSP) whilst you are on the mend. However, sometimes accidents happen that have life changing results.

Today we are going to discuss an incident that occurred in Manchester and how we could of handled it if the claimant came to us. You may also want to consider what you would have done if you were placed in a similar position.

The Workplace Accident Case Study: Fast Food Chef

The Situation:

The staff were cleaning up after a busy Friday nights trading at a fast food outlet.

The cook was walking back to the kitchen from the pot wash area over a floor that had just been wet mopped by another employee. As he walked past the deep fat fryer, the cook suddenly slipped on the still damp floor. He instinctively reached out to try and break his fall, pulling over the electric deep fat fryer in his panic. The fryer toppled over, spilling its entire contents, 35 litres of boiling hot oil, onto the cook and the floor.

As the oil came into contact with the water residue on the floor, thick black smoke was produced, which set off the smoke alarms, adding to the extremely frightening situation. Surrounded in hot oil, the cook couldn’t get up from the floor. Each time he tried he slipped back. Eventually the trainee assistant manager succeeded in sliding him out of the spilt oil, burning his own hands in the process.

The cook suffered life changing burns to his ankles, legs, buttocks, chest and needed skin grafts.

Another employee received treatment for burns to her leg and ankle, again needing skin grafts.

The Outcome:

The company were prosecuted by Manchester City Council and fined £60,000 after pleading guilty to two health and safety offences and ordered to pay costs of £16,000.

Gowing Law Solicitors: Our Observation about this Accident

Now, we would say that this is quite a dramatic situation and isn’t the sort of thing that happens every day. Most of the incidents that occur may affect one or more people, depending on the environment that they work in and how busy their work environment usually is.

When you work in a busy environment, such as a fast-food restaurant, it is important to keep the work space as clean and un-cluttered as possible. One of the first things that we would consider would be “Was this accident preventable?” So, if this was your claim, we would have asked you to describe whether you knew the policies on how to keep the area clean, health and safety policies, or whether or not you had any information on how you were meant to act in the work place. Considering how high the pay out, it was clear that there could have been a preventative measure put in place. To put it simple:

A wet floor sign could have been put up to warn the cook of the wet floor.

However, as there was clearly no wet floor signs in place then this meant that this could have been a preventable accident in the work place. Clearly, those who were injured were entitled to a large form of compensation as they were not enough preventative measures put in place to protect the staff.

If you were in a similar situation, you would most likely be paid from an employer’s liability insurance if you won the case. However, you also need to consider the emotional damages that come along with any physical. These claimants were clearly traumatized and needed the support of their company to recover. This was before they were even able to think about getting back to work. It is the job of the solicitor to assess the situation and consider the amount of money owed from a work place accident. If it was a smaller wound, then the claimants may have been given less, but due to the severity it was obvious that they were due compensation.

How we handle an accident at work claim

No matter how bad your injury has been at work, if it has affected your life then you deserve compensation. The Labour Force Survey has estimated that over 620, 000 work place accidents happen every year. The first thing we would have done is have our specialized employers liability team look into the case.

From there, we would advise you on how you could claim compensation for your accident. All of our cases are no win, no fee. Therefore, you will always end up on top. Just make sure all of our lawyers have the information they need to win your case. You can also talk to our employer liability solicitors about your case for free. We are more than happy to advise you on how to move forward. Do not be scared of your employer. Instead, get the money you are entitled to with your claim.

Check out our accident at work claim page now!

Contact Gowing Law Solicitors now

Gowing Law Solicitors’ goal is to handle your accident at work claim quickly and efficiently. That way you can get the funds you need to rebuild your life. Fill out the contact form and we’ll contact you shortly to set up a consultation. You can also call us at 0161 808 8888 to talk to one of the Team today.

Fill out the form to start your claim today!