Personal Injury Claims
Have you been injured or suffered loss in an accident which was not your fault? Accidents can happen anywhere – often at work, on the roads or as a result of medical negligence. We understand the impact that an accident can have on your life. We have the legal expertise to ensure that you are fairly compensated for your suffering and for your losses.
We have extensive experience in handling a variety of claims including:
• Road Traffic Accidents
• Slipping and Tripping
• Accidents at work
• Medical negligence
Our initial aim is to settle your claim swiftly by corresponding directly with the opponent or with the opponent’s insurers. However, in some cases it becomes necessary to raise court proceedings. In such circumstances we will represent you throughout the court process.
We will discuss funding including:
• recovering costs from the opponent
• no win no fee arrangements
• eligibility for legal aid
Beware of strict ‘Time Bar’ deadlines, as court proceedings must be raised within time limits in order to preserve the claim. You should therefore ask us for advice at the first opportunity.
Contact Don Uttley by completing the form or by telephoning 0131 554 6321.
You can also access the downloadable guide here.
Guide to Personal Injury Claims
Our initial meeting
Pre-litigation and “Out of Court” settlements
Road Traffic Accidents
The general rules for legal liability are that:
• the damage must have been caused by someone who had a duty to take reasonable care not to cause you injury;
• the circumstances must be such that a reasonable person would have been aware that there was a risk of causing you injury;
• a reasonable person could have taken precautions to avoid the risk of injury;
• the loss you are claiming is for something a reasonable person would anticipate could arise in relation to the kind of injury inflicted.
Often the identity of the person at fault is already known to you. In some circumstances the identity may require to be established by further investigation such as police report or witness statement.
Uninsured Driver Claims
‘Slip and Trip’ claims
Accidents at work
• The Workplace (Health, Safety and Welfare) Regulations 1992. These regulate many aspects of the workplace including the condition of floors, steps, stairs, passages and gangways. There is regulation of lighting, ventilation and cleanliness. Importantly for office workers, these regulations impose an obligation upon employers to ensure that an employee’s seating and workstation is suitable for its purpose. Has your employer breached these regulations causing you injury? Contact us now for further advice.
• The Provision and Use of Work Equipment Regulations 1998. These regulate the suitability of work equipment. There is a requirement for employers to ensure that work equipment is maintained in efficient working order and inspected at suitable intervals. There is important regulation regarding protection against specified hazards in the workplace. Has your employer breached these regulations causing you injury? Contact us now for further advice.
• The Management of Health and Safety at Work Regulations 1999.These are important regulations obliging every employer to make a suitable and sufficient assessment of the risks to the health and safety of anybody in the workplace. Has your employer breached these regulations causing you injury? Contact us now for further advice.
• The Manual Handling Operations Regulations 1992. ‘Manual handling operation’ means ‘any transporting or supporting of a load (including the lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or by bodily force.’ These regulations provide that employers must make a suitable and sufficient assessment of all such operations undertaken by employees in the workplace. Appropriate steps must then be taken by the employer to reduce the risk of injury to the lowest level reasonably practicable. Has your employer breached these regulations causing you injury? Contact us now for further advice.
• Personal Protective Equipment at Work Regulations 1992. In certain circumstances these regulations oblige every employer to ensure that every employee is provided with suitable personal protective equipment (including footwear) where the employee may be exposed to a risk to health or safety. Has your employer breached these regulations causing you injury? Contact us now for further advice.
• Construction (Design and Management) Regulations 2007. These regulations oblige anyone with control over construction work to ensure that the site is kept safe for all the workers on site. Obligations are imposed regarding specific issues. Examples include the stability of structures, excavations, demolition, explosions, traffic routes, vehicles, emergency procedures and more. Has your employer breached these regulations causing you injury? Contact us now for further advice.
• The Lifting Operations and Lifting Equipment Regulations 1998. These regulations relate to any operation at work concerned with the lifting or lowering of a load. Obligations are place on employers to ensure such operations and equipment used for them are as safe as reasonably practicable. Has your employer breached these regulations causing you injury? Contact us now for further advice.
• The Work at Height Regulations 2005. These regulations are usually associated with the construction industry but can apply to any workplace where employees require to work at height. There is an obligation upon every employer to ensure that such work is properly planned, appropriately supervised and carried out in a manner which is safe insofar as reasonably practicable. The employer must ensure that employees working at height are competent to do so or, if being trained, adequately supervised. In addition to the requirement to carry out a risk assessment, specific obligations are placed upon employers in relation to matters such as guardrails, working platforms, scaffolding, inspection of equipment, ‘personal fall protection systems’ and more. Has your employer breached these regulations causing you injury? Contact us now for further advice.
• Control of Asbestos at Work Regulations 2012. These regulations provide that any employer shall not carry out work which exposes (or is liable to expose) employees to asbestos unless they carry out a suitable risk assessment and implements various steps specified in these regulations. The requirements are detailed and complex. Has your employer breached these regulations causing you injury? Contact us now for further advice.
• Merchant Shipping & Fishing Vessels (Health & Safety at Work) Regulations 1997. These regulations place a duty on the employer to ensure the health and safety of workers and others, insofar far as reasonably practicable. Contact us now for further advice.
• Protection from Harassment Act 1997. This Act provides that employers can be liable for harassment by their employees in certain situations. If you have been injured as a result of a ‘course of conduct’ amounting to harassment at work by an employer, or by another employee, you may be entitled to compensation. Contact us now for further advice.
To advise you regarding a claim arising from medical negligence, in the first instance we require to recover copies of your medical records and thereafter to obtain a medico-legal report from a consultant in the relevant medical field. Contact us now for further advice.
Compensation for Criminal Injuries
Other Types of Personal Injury claim
The law about time limits is complicated. The rules do have some exceptions which may allow a late claim, but you should take legal advice as soon as possible. If you or a family member has been injured or suffered loss in an accident, contact us now to discuss how we can help.