Claims and Compensation blog

Thursday, 30 April 2009

Pothole backlog - according to report | Direct 2 Solicitors Pothole backlog - according to report

A recent report looking at the damaged and dangerous surfaces of our roads and pathways has stated that maintenance budgets need to be increased if the major backlog in the repair of potholes on roads in England and Wales is to be completed.
According to the Asphalt Industry Alliance (AIA), we apparently now have to only go an average of 120 yards on one of our roads or pathways to find a dangerous pothole.
Indeed, the report states that it will take a staggering 13 years to reach the situation where the pothole backlog in England is ended.
The question is why is this the case? Could it be that Local Authorities are failing to upkeep the roads properly? They state a lack of funding whilst The Department for Transport reports that funding for local authorities in England had trebled.

How many holes?

Apparently, almost 800,000 potholes were filled on English local roads, whilst in Wales some 94,000 were filled.

Whilst the report quotes figures such as 74% of the local authorities in England, and 88% in Wales, feel that maintenance underfunding was a threat to road users' safety; I would ask why they let this be the case.
If (as we are lead to believe) the average cost of filling one pothole is £65 – which seems extremely cheap to me, surely making those repairs would save money and many injuries and accidents in the meantime in the long-term. I have heard that the £65 cost indicates that the average local authority would have to spend some £47m to make their repairs. However, how much will they spend out in compensation and insurance/legal fees if they fail to make the repairs?

'Immediate effect'

The AIA believe that allowing roads to deteriorate is irresponsible. Clearly, the situation can be sorted if those responsible and with the power to do so were to address the practices employed by the authorities and if the funding set aside for road repairs was actually used for that purpose.

What happens to the money we pay?

It is known that Drivers pay around £46bn a year to the Exchequer, yet given the state of many roads and pathways in our country, they can justifiably ask the question; what exactly they are getting for their money?
Quoting a spokeswoman for the Department for Transport: "The government has more than trebled funding to local authorities for investing in their roads and last year announced new funding to help local authorities better assess the condition of their roads.
"This is in addition to funding provided for routine maintenance.
"We have also given local authorities more powers to minimise the impact of road works that utility companies and others need to carry out."

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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Monday, 20 April 2009

The confidence to make a claim | Direct 2 Solicitors The confidence to make a claim

You've been injured and it was not your fault, but do you have the confidence to make a claim?

Thankfully, most of us manage to get through life without needing the services of a Solicitor - other than in conveyancing or will writing matters - and find the entire legal industry to be slightly scary and very foreign to us.

Therefore, at the very time when our client's need such a service, they are often at their most vulnerable. You see, when someone has had a nasty accident or been violently assaulted, the last thing that they want to do is hear a load of complicated legal jargon thrown at them when they try to make a claim for compensation for the injuries sustained.

And that is just those people who are already confident enough to make their Personal Injury Claim.

Worries

Regardless of background, most people have the same common worries when they get involved in a No Win No Fee Personal Injury Compensation Claim. Those worries are easily calmed by our expert and friendly team and include the usual issues such as "What will my claim cost me?", "What happens if I lose my claim?" or "How do I deal with the complicated paperwork?"...

However, there are other worries that many people have regarding their claim. These go right from the starting element of wondering if they have a legal right to make a claim, remembering what exactly happened to them (normally for elderly clients) and feeling embarrassed about making a claim.

Many people, especially the elderly, often fail to exercise their right to make a claim because they are worried that people will judge them for it if they do. As stated in my last blog (see: http://www.direct2solicitorsltd.co.uk/blog/ ) this is silly. For a start, no person will ever know that you are making a claim - unless you tell them - other than you and your Solicitor and maybe your GP. The Data Protection Act provides a great level of protection regarding such issues and should leave you safe in the knowledge that your claim is your matter - and a private one at that!

The real questions you should ask of any Claims Company or Solicitor when making your claim

If you find yourself in the situation of needing to make a Personal Injury Compensation Claim, you will need to find a suitable Claims Management Company or Solicitor Practice to manage the process for you. This is one of the most important things to get right as you only get one shot at maximising the potential payout that your claim may represent. If you choose the wrong company, and they manage your claim inadequately, your compensation settlement could well be lower than it should. Therefore, we recommend that you choose a specialist company with expert background - such as Direct 2 Solicitors Ltd as we tick all the right boxes. However, if you need to, here are a few questions you should ask of any Claims Management Company:
  1. Is the Claims Management Company approved by the Claims Regulation Monitoring & Compliance Unit (Ministry of Justice) and do you have Authorised status to operate within the Claims Industry re The Compensation Act 2006?
  2. If so, what is the Claims Management Companies CRM Number? Any such number can be checked out at: www.claimsregulation.gov.uk/search.aspx
  3. What background and experience does the Claims Management Company have?
  4. How exactly does the Claims Management Company get paid? (any company worth allowing to manage your claim will happily divulge this information - indeed, we are obliged to do so - see Direct 2 Solicitors Ltd paperwork to prove this!.
  5. How will the Claims Management Company deal with your claim? In your home, over the phone, by post etc etc...
  6. Will the Claims Management Company remain active in your claim even when the Solicitor has taken over the litigation work? (Direct 2 Solicitors remain available to all of our client's right through the claim process - giving a continuous contact and support to all clients).
  7. What time estimate have the Claims Management Company given? Beware of any companies promising speedy payouts or advising of possible payout amounts. Each claim is different and it is impossible to say exactly how long a claim takes to settle. Direct 2 Solicitors Ltd advise our client's that we don't really know the answer to this, but that a rough guide to this is anything from 6-9 months to 6 months - 2 years. Also, we have no idea what a likely payout will be as medical records must be viewed and a medical expert must write a report giving a prognosis on recovery times and possible dissabilities. Therefore, we NEVER give advice on this matter as it is an issue for your Solicitor.
Bear the above in mind when enquiring about making your claim!

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, 16 April 2009

Personal Injury Claims - is there a stigma attached? | Direct 2 Solicitors Personal Injury Claims - is there a stigma attached?

Why is there a stigma attached to making a Personal Injury Claim?

Unfortunately, some people are afraid to take up their legal right to make a claim for compensation, because they feel that they will be left with a stigma attached to them if they do. The peddlers of the 'compensation culture' myth have managed to generate an air of scepticism about the real right to make a claim. We often hear of a claims culture and phrases such as we "are becoming a litigious society just like the states" are often flaunted around. Whilst individuals are entitled to their opinions, unfortunately, such an opinion is based on falsehood and misunderstanding of the law.

Your legal right to seek compensation

In the matter of a Personal Injury Compensation claim, an individual has a legal right to pursue compensation for their injuries and losses subject to certain criteria. If their injuries were caused by the negligent acts of others - including employers, authorities or individuals - and the injuries are serious enough to warrant medical treatment and last for a certain amount of time, then a claim can be brought. The very point of someone receiving a compensation settlement is simple. The thinking behind it is to return the injured party to the financial state that they could have expected to be in if they were not caused an injury - this would include a sum for lost income, expenditure regarding medical treatment, care costs and expenditure on alterations to homes and cars relevant to the injuries and to also provide compensation for the pain, distress and discomfort caused to the individual by the injuries that they sustained. The level of compensation varies depending on the costs incurred, the level of pain and the length of time it took to recover - or not recover as the case may be.

Claims Culture

Those who consider someone making a claim to be a person 'on the blag' or getting something for nothing are clearly misguided. The printed press in particular are often full of sensational stories about how the compensation culture is ruining life - the phrase 'Health & Safety gone mad' is often bandied about - with no basis. The facts are simple. If an individual, authority, employer or organisation follows correct procedure, risk assesses situations and sites, provides training and in effect, does there bit, then they cannot be pursued for compensation. It is a pity that the enemy of the claimant has managed to make people feel bad about claiming compensation, especially when it is a legal right to do so.

Our message is simple. If you feel disadvantaged because of the injuries you sustained through no fault of your own - or the negligence of others then bring your claim without fear. Direct 2 Solicitors staff will not consider you to be 'on the blag' or getting something for nothing. We understand your situation and look forward to helping you.

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 April 2009

Recession Proof Industry? | Direct 2 Solicitors Recession Proof Industry?

Is the recession and downturn increasing the volume of Personal Injury Compensation Claims?

The news is full of negative stories about the global economic crisis - or credit crunch as it has been named. On a daily basis, we hear the news of more job losses, dropping sales levels, falling house prices and general doom and gloom. Most of us are yearning to hear some good news when we switch on the TV, log on to the web or listen to the radio. To most of us, it seems that the recession is all that exists when it comes to news. Well, there is some good news out there in the business world, and we are just a part of it.

The right service at the right time

One of the biggest sectors affected by the downturn in the economy is both the Manufacturing and Construction and associated trades. With the drying up of credit and inability for individuals to access credits to buy homes, the Construction Industry is struggling both in the domestic and commercial market place. Unfortunately, many workers have been laid off - despite their skills and hard work ethic. Due to the circumstances of the economic picture, many of these guys and girls have nowhere to go to find work. So, where does Direct 2 Solicitors and the wider Personal Injury Compensation sector fit in?

One of the claim types that we specialise in stem from accidents in the work place. The Health and Safety requirements that employers must adhere to are well known and the need for training, risk assessing, monitoring and compliance is a strict requirement for employers. It goes without saying that the majority of accidents in the workplace come about in the more dangerous of workplaces - such as building sites and manufacturing plants. Despite the best efforts of most employers, accidents happen and in some cases, they occur due to the lack of adherence to the training and safety requirements by an employer. In many cases, the injured party is reluctant to claim against an employer despite their legal right to do so. Normally, this is because of a confusion as to how a claim is brought and who is liable and how the compensation is paid. Many employees mistakenly think that they will be damaging the employer by making a claim and therefore fail to take up their right to make a Personal Injury Compensation Claim, especially when they continue to work for the same employer. However, many who have now been laid off now have serious financial problems. Whilst their wages have stopped, the mortgage payments and other bills keep going on. As a result of this, we have noticed a marked spike in the number people wishing to claim who were workers from the more dangerous sectors of the work place who are now out of work due to the economic downturn. People who previously felt an allegiance or loyalty to an employer and therefore ignored their claim, now have no such worries and have therefore, been driven to make their claim by the need to secure some sort of financial income whilst the economy settles down.

Am I still able to claim?

If you have been affected by the economic crisis and are now out of work but didn't initially want to claim against your employer whilst still working for them, you may still be able to bring your claim. If you were injured in the last 3 years, reported the accident to your employer (if applicable) and sought medical treatment, you may well have a viable claim. should you think that you may be in this situation - or if you are not sure, pick up the phone and call us. Our friendly team will be happy to listen to your story and give you our view on your prospects of success or otherwise.

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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