Claims and Compensation blog

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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Wednesday, 15 October 2008

Fraudsters get found out | Direct 2 Solicitors Fraudsters get found out

Fraudulent Claims don't win!

It is pleasing to hear that London Police have today arrested a Man on suspicion of being involved in a multi-million pound insurance claim scam. Rather worryingly though, the individual arrested is reported as being the Director of an Accident Management Company - clearly someone who should no better.

Ministry of Justice

The regulatory authority for the Claims Management Industry - the Ministry of Justice, will surely look in to this story very closely. Whilst the individual remains innocent until proven guilty, this story does our industry no favours. However, thankfully, it seems that the Police are on top of this and working hard to ensure that individuals who want to rip-off and steal from Insurance Companies cannot get away with it. At Direct 2 Solicitors, we are all for helping innocent victims claim what they are legally entitled to. We are also equally against fraudulent claims and welcome the news that criminals working to cheat both the insurance industry and the general public will not get away with it.

Trustworthy Industry

Out of bad can come good - hopefully, this goes some way towards showing that our industry can be trusted and that the tiny minority of individuals who do think that breaking the law and being fraudulent will work, will find it doesn't. If you have a genuine claim, make it. If you don't... don't even try. Compensation is there to compensate innocent victims of non-fault accidents, not for free handouts to all and sundry.

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, 14 October 2008

Accidents in the workplace | Direct 2 Solicitors Accidents in the workplace

Is your employer geared up to deal with accidents in the workplace?

We all know that accidents can happen - even when the most stringent Heath & Safety laws are followed and dedicated planning to avoid accidents or injuries at work has been undertaken. Therefore, with this in mind it is fair to ask the following question; Is your employer prepared and organised to deal with accidents and injuries in the workplace?

Being prepared

Apart from ensuring that staff are properly trained, properly qualified and that the workplace is as safe as it is possible to make it, employers have various obligations regarding accidents in the workplace. If the worst happens and a worker is injured, then the employer must ensure that the following things are available to staff.

1, A first Aid Kit - Does your employer provide first aid equipment?
2, A designated 'first aider' - Do you know who is trained in your workplace?
3, An accident book - Does your employer provide an accident book where you could record the details of your accident in your words?
4, Training - Does your employer train you in how to deal with the aftermath of an accident?
5, Telephone - Do you have access to a telephone should you need to call the emergency services?

Ensure your safety and that of your colleagues

If you feel that your employer and your place of work places you at a heightened risk of injury, then you are obliged to bring this to your employers attention. You don't have the power or authority to MAKE them do anything about the Health & Safety management at your workplace, but you do have the ability to remind those responsible for it should there be shortcomings. It could be that something that presents a clear danger to workers has not been noticed. If you report it, it may be repaired. If you don't, it may hurt someone. If your employer fails to act on your warnings, you could also go to your local Health & Safety executive office and ask for them to inspect your workplace.
Nearly all employers take the safety of their staff and customers extremely seriously and don't place staff at undue risk of injury. However, there are some firms out there who don't take their legal obligations anything like as seriously as they should. If you work for an employer like that, try doing something about it.

Avoiding Accidents at work

Direct 2 Solicitors hope that we can help people avoid the terrible situation where they are unable to earn an income due to an accident at work. However, if the worst does happen, we are here to help and have an expertise in dealing with accidents in the workplace and assisting clients who have been injured at work.

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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Wednesday, 8 October 2008

The Compensation Culture blame game... Again! | Direct 2 Solicitors The Compensation Culture blame game... Again!

Councils in Compensation Claims moaning shocker!

Once again the Local Government lobby is putting pressure on the public to try and deter us from exercising our legal rights! In yet another shameful PR stunt, the Local Government Association (LGA) has issued a press release bemoaning the fact that they are paying out large sums in compensation. We are saddened, but not surprised to see that they blame the volume of claims squarely at the foot of us 'nasty' No Win No Fee Claims Management Companies and Solicitors. The latest story states that some £53m has been paid out in compensation settlements, and that a further £12m has been spent on legal fees and court costs. However, at the same time, the LGA has scored an own goal to it's own argument as the figures taken from an Asphalt Industry Alliance survey of Councils shows that only £52.3m has been spent on repairs to dangerous footpaths and roads. So at the same time as moaning about spending £60m + on genuine claims, the LGA have spent LESS ensuring that the roads and paths are safe which would then reduce the level of genuine claims that they would face! How these people end up in positions of authority is questionable at the very least!

Who is to blame?

The LGA, Insurers and some members of the establishment would like everyone to believe that the blame lies at the foot of people like me, companies like ours and the Solicitors that we work with. However, we know that only genuine claims will succeed. The onus on a claimant to prove that the councils have left a dangerous hazard that would be deemed sufficient to pass the legal liability requirements in situ for a period of time that would also pass the same test is very high. If one can prove the liability side of it, then the Council is in the wrong and they should then, in the eyes of the law, provide compensation to an injured party to cover their injuries and losses. It really is simple. LGA Spokesman David Sparks has been quoted in the media as saying "These figures show the extent to which our efforts are being hampered by the compensation culture that exists nowadays" he goes on to say "since no-win, no-fee was introduced, almost all councils have seen an increase in compensation claims". To be fair, he does go on to say that where there are genuine claims, the claimant should be compensated. To me, this seems to indicate that he is taking the view that there are more fraudulent claims than genuine and that No-Win, No-Fee Solicitors and Claims Management Companies are actively encouraging individuals to lodge fraudulent claims. There is no evidence to support such a view and I wonder why he is wording what he says, the way he is? It is simple, if you end up paying up to settle a claim, you are liable. Thus, if the councils are spending what we are told they are on settling claims, they can only blame themselves.

No Win No Fee

Since the inception of No-Win, No-Fee claims in the UK, there has been a rise and now a fall in the number of claims issued and filed. It goes without saying that the reason for the rise is that when it was first launched, it informed the UK public that they had a right to claim compensation for injuries if they were caused by negligence. Prior to the No Win No Fee system, many claims were not made because individuals didn't know that they could claim and could not afford to pay Solicitors fees should they fail. It seems that the LGA Spokesman is blaming me, my company, our solicitors and any claimants for exercising the legal rights entitled to all of us. So, if we have made people aware of their rights and helped them to claim compensation FOR WHICH THEY ARE LEGALLY AND GENUINELY ENTITLED, then I make no apology. Maybe, the LGA and Councils of the UK should concentrate on the very important work with which they are charged?

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, 7 October 2008

Genuine claim or pulling a fast one? | Direct 2 Solicitors Genuine claim or pulling a fast one?

Bizarre Claims

I read with interest today an article regarding a former employee of Tesco who is taking them to court and suing them for discrimination after he was forced by Managers to work with alcohol during his work at their distribution centre in Staffordshire. The claimant is basing his lawsuit on the fact that his religious beliefs (He is a Muslim) were highly at conflict with him handling alcohol so he could not do this work. He states that he asked to move to different work, but this was refused. However, Tesco have stated that at some point ALL of their distribution staff come in to contact with alcohol and need to move it around.
To me, this sounds a rather far fetched claim. Surely when he took the job, he knew that Tesco sold alcohol?! In our view, the claim will fail, but that remains to be seen!

Employee Rights

Employees do have rights and can object to certain work on various grounds. However, there is a responsibility on employees to mention when being interviewed if there is anything in the workplace that they feel their beliefs or health issues will prevent them from working on.

Employers Responsibilities

Employers are responsible for ensuring that employees are not placed at risk, not exposed to danger and not exposed to harassment, bullying or victimisation.

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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Wednesday, 1 October 2008

Tragic Accident leads to death of child | Direct 2 Solicitors Tragic Accident leads to death of child

More Personal Injury No Win No Fee Claims in the news

Three companies in Dorset are to face legal action over the death of a child according to today's news. In a very tragic incident, the 9 year old was crushed to death by an electric gate at his grandparents home in April 2006. Poole Borough Council are prosecuting 3 firms as a result of this incident. Two firms are to face legal action under the Health and Safety at Work act and the third under the Supply of Machinery (Safety) regulations. The cases are due to be heard before Wimborne Magistrates Court later this year. An inquest recorded a verdict of accidental death.

This is a very sad story indeed and our hearts go out to the family of the dead child. It highlights that vendors of tools, equipment and products need to take great care to ensure the safety of UK Citizens. The family will likely claim compensation, but no settlement will be sufficient to cover the terrible loss of their child.

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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Midwife Sues couple | Direct 2 Solicitors Midwife Sues couple

Personal Injury No Win No Fee Claims in the news

It has been reported today that a couple in Hull are being sued by a Midwife who was injured during a routine home visit to see them after the birth of their twins. The Midwife has taken private legal action and instructed a Solicitor to sue the couple under The Occupiers Act 1957 and has been reported as stating that they are liable for her injuries for failing in their duty of care to provide a safe place of work.

The claim is based on the fact that the Midwife alleges that she fell on the stairs by catching her foot on a buggy that had been left in the way. To me, it would seem that there is split liability here and plenty of causation against the midwife. Surely she could see the buggy and should have either moved it or asked for it to be moved? Alternatively, she could have stepped over it and avoided a fall? It could also be argued (as is being done by the claimant Solicitor) that the couple should not have left the buggy in the way!
It is an interesting case, but I am not sure that the claimant will succeed. It remains to be seen!

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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