If you have been injured in any type of road accident and are looking at this guide you could be wondering if you are eligible to make a car accident claim for an injury, such as whiplash. Being injured in a car crash or similar accident is more common than you think, and in 2016, 179,592 were injured or killed on the UK’s roads. Whilst the bulk of these were minor accidents, resulting in slight injury, some were serious or sadly, even fatal. If you have been injured in some way and the accident was not caused by you, you could be able to make a claim using car accident claims  solicitors service that covers the Dewsbury  area.

As well as looking at the process of making a claim, we will also look at the different types of accidents vehicles on the roads can be involved in, as well as some of the injuries which could be suffered. One thing which we wish to show you is that whilst there are many different types of claim, the factor which matters the most is whether you can clearly show that you were not responsible for the accident. Being able to clearly demonstrate this will boost your claims chances.

In this guide we also look at the role played by your solicitor. Having the right legal team on your side gives you the best chance of being able to secure the highest possible settlement based upon your injury and circumstances. Remember, in the UK there is a personal injury claims time limit within which you must bring your claim. Read the rest of our guide to find out all the information you need to make an informed claim and how to secure the highest possible amount of compensation.

When you are ready to begin your claim, you can do so by calling us on 0800 073 8804.

Our Panel Of Medical Experts Can Assess Claimants Local To Dewsbury  And Across The Country

No matter how minor your injuries might, we always recommend that the first thing that you do is to visit your GP or a hospital (depending on your injuries) to have their severity assessed and to get the treatment you need. Remember whilst your personal injury claim is important, your health should be your first priority. Visiting a medical professional also starts to build a body of evidence which can be used in your claim.

When you begin a car accident claim with us, we may also recommend that you have another, more detailed, medical examination. This can provide more detail for your claim, helping us to better estimate the severity of your injury and how long it will affect you. We can organise this medical assessment with a member of our expert panel who covers accident claims in Dewsbury. Our local experts are based as follows:

Raines Business Centre Wakefield
Raines House,
Denby Dale Road,
Wakefield,
WF1 1HR

25-27 Cheapside
Wakefield,
WF1 2TF

10 Agbrigg Road,
Sandal,
Wakefield,
WF2 6AF

Back in Action Physiotherapy,
Springwell House,
10 Agbrigg Road,
Sandal,
Wakefield,
WF2 6AF

Please note: this is not an exhaustive list of medical experts we work with in the West Yorkshire area and there may be another expert closer to you.

Why Having The Right Solicitor Boosts Your Chances Of Making A Successful Claim

After being involved in any form of accident caused by someone else, your thoughts should turn towards making a claim to compensate you for any injuries suffered. You may have questions such as “can I get compensation for car accident?” and “How much do you get for pain and suffering in a car accident?” To find out the answers to these and other questions that you might have, having the right personal injury solicitor is crucial.

Some of the criteria you should use to judge a solicitor include looking at whether they have experience which is relevant to your claim. Whilst they may be a qualified personal injury lawyer, have they handled similar claims before? If so, were they successful and were the claimants satisfied with the service and amount of compensation received? Check their reputation and look into whether or not people have been happy with the outcomes of their claims.

How helpful are solicitor or lawyer reviews?

Reading reviews of a solicitor by clients they have helped in the past is important to choosing which solicitor to work with and making a successful claim. As with any professional service, there can be a great variation in the level of service provided by different Dewsbury car accident claims solicitors or solicitors in the surrounding area.They may offer different levels of service and some might not be able to provide you with all the services and support that you need. Whilst not all personal injury claims solicitors do this, at Legal Expert, we do. Our team goes the extra mile to provide you with the information you need to answer questions such as “what is the average settlement for a car accident?”. When you contact our team you benefit from our expertise, even before signing up with us.

I think I need to use a solicitor close to me, is that right?

When making car accident compensation claims, or indeed taking any type of legal action, people often think that they need to use solicitors close to them, in this case Dewsbury car accident claims solicitors. However, this is not the case. You are in no way limited to working with a solicitor who is located in the same town, city, or even region of the UK. Much more important than where a lawyer or solicitor is based is what they can do for you.

Today people access professional services from across the country, so you don’t need settle for a solicitor just because they are in your area if there is a better one elsewhere.

What Types Of Road Accident Compensation Claims Can Our Team Handle?

It is a sad statistic, but each day people are involved in road traffic accidents which lead to injury or in some cases death. There are many different causes of car accidents which lead to car crash compensation payouts being claimed. Some of the most frequent are people driving without paying due care and attention, driving in a reckless or careless way, tailgating, speeding, and being distracted by a mobile phone. People can generally make car accident claims providing that they can show someone else was liable, and that this action directly led to you being injured.

In the following sections, we introduce some common types of car accident claims

Claims for accidents in cars

Car crash claims are the broadest type of road traffic accident claim which we handle. Car accident and crash claims can be made for instances in which you were involved (in any way) in a car crash. The only caveat is that you must not be responsible for the circumstances leading to accident. Your accident could have been caused by another road user, or it could have been because the road itself was in a poor state of repair.

Claims as a passenger

In most instances a passenger will have been completely passive in an accident, and generally they will not have been in any position to have affected the accident. As such, if you were a passenger in a car accident it should easy to show that you were not to blame. You can find out more about car accident claim payouts for passengers in this guide.

Claims for accidents in taxis

There is not an average compensation for a car accident involving a taxi, but you can find out more about what your could be awarded if injured in a taxi in this guide. As with any type of car accident compensation claims, accidents in a taxi come in a variety of different types. What can make these claims more complicated is that the driver or a taxi firm might be responsible, or even jointly responsible. Their may also be several insurance providers involved in the claim. The taxi firm might be responsible if they did not conduct the right background checks on a driver, or if they did not have the right insurance in place.

Claims for bus and coach accidents

Buses and coaches can travel over short or long journeys, they may travel on motorways and at speed. Whilst some long distances coaches will have seat belts, many will not. The most common reason for accidents involving buses or coaches are when the vehicle has to perform an emergency stop. If you have been injured whilst travelling on a bus or coach, you might be able to make a compensation claim for injuries such as whiplash.

Claims for pedestrian accidents

When you are walking along the street, through a shared pedestrian and car space, or car parks, you expect to be safe. You also expect that drivers are paying due care and attention to what they should be doing. If you are injured by a car which hits you on the pavement, or when crossing the road you can make a claim with a personal injury lawyer.

Claims for rear end accidents

Impacts from the rear can cause injuries such as whiplash. Whilst there are many different ways in which a collision can happen, these always involve people being hit from behind. Two of the most common ways in which they can happen are the vehicle a in front breaking unexpectedly, the other way is the vehicle being failing to break, or having driver too close to the one in front.

Claims for roundabout accidents

As with accidents at any junction, there are lots of different ways an accident can happen at a roundabout. Drivers might have used the wrong lane, enter or exit the roundabout when not safe to do so, not paying proper care and attention or otherwise not paying proper attention. Car crash compensation payouts for accidents at roundabouts vary according to your injuries. Find out more about claiming compensation in this guide.

What Injuries Can You Commonly Expect In Car Accidents?

There are lots of different ways in which you can be injured if involved in a car accident or other road traffic accident. In the section below, we take you through some of the most common injuries.

Neck injuries, more commonly referred to as whiplash

Whiplash is one of the most common forms of injury which happens in a road traffic accident. There are a few distinct ways in which you can get whiplash. It might happen when the head is jolted suddenly in a violet way. This will cause problems moving your neck and shoulders (as well as the upper back). Other symptoms might include blurry vision or a feeling nausea. Whiplash can take between a few hours to several days to present. As such you should see a doctor as soon as possible after your accident. You should then visit a doctor several days later to see if your symptoms have changed or presented, if they had not before. As we said earlier, having a good medical report can be critical to making a successful claim. What is the average settlement for whiplash? Find out more in this guide.

A variety of different back injuries

Those injured in a car crash can suffer injuries and damage to the back. Injuries to the upper back could be caused by or related to whiplash. Pain in the middle or lower part of the back or spine could be caused by damage to the discs. Back pain can be tricky to treat and across the country millions of people suffer with varying degrees of back pain. It can be referred through the neck and shoulders at the top, or through your hips at the bottom.

Some of the more serious injuries people experience

There are many other different types of injury which you might suffer, many of which are much more serious. Severe injuries might include head trauma, extremely serious third or fourth degree burns, internal injuries and organ damage, or even paralysis. No matter how serious your injuries are, you can make a claim. View our car accident compensation calculator to see how much your could be awarded in compensation.

Accident Blackspots In Dewsbury

The map above shows that over a five year period, between 2013 and 2017 there were a total of 158 road traffic accidents in the area highlighted. It should be noted that this does not include the whole of the Dewsbury area. Of these there were two fatal accidents, which we have highlighted the locations of above.

Car Accident And Road Accidents Casualties In Dewsbury

Number of people injured or killed on the roads in Kirklees.

Number Of Deaths On The Road In West Yorkshire

Statistics show the number of people killed on the roads (in various modes of transport) in Kirklees

Additional Traffic Accident Statistics

In addition to the other statistics we have looked at, a number of the victims highlighted above were children. In the five years through to 2016, a total of 118 children were killed on the roads in the Kirklees area. Of these, the majority of these (69%) were killed as pedestrians. To find out more about child car accidents, visit our child car accident compensation calculator.

No Win, No Fee Road Traffic Accident Solicitor

Whilst there are many benefits to working with Legal Expert and our solicitors, the biggest benefit to making a personal injury claim with us is our no win, no fee service. This removes any financial barriers to making a claim as you will not have to pay out for any costs at the start of the claim process. Whilst we can not tell you how much your car accident claim payout will be worth, we can guarantee that your personal injury lawyer will work hard to secure you more than the average compensation for a car accident. The fact a solicitor is willing to take your claim under a no win, no fee agreement means that they are very confident that you will win your claim.

Do claimants pay fees and charges?

Some other law firms or solicitors may charge you additional fees if you do no win your claim. However, with Legal Expert we are always upfront about what you will need to pay, under what circumstances you have to pay, and when you have to do so.

How to start your claim

If after reading this guide you think you are ready to talk to our team, your next step should be to get in contact with our team using the contact information on this page.

Get more information

How do I get a car accident settlement? Find out this answer to this question and more by browsing our site, or by speaking to our specialist personal injury claims team today.

Speak To Legal Expert Today

We hope that we have shown that you do not need Dewsbury car accident claims solicitors to make a claim in this area. When you are ready to begin your claim, contact Legal Expert by calling us on the number above, by emailing our team on office@legalexpert.co.uk, or by using the contact form on this page.

We are ready to help you today.

Helpful Links

The Highway Code
Learn more about the UK’s Highway code at this Government resource.

Dewsbury Road Safety Scheme
The Dewsbury road safety scheme website contains information on accident sites and general road safety in Dewsbury.

Kirklees Court
This is the court serving the area including Dewsbury.

Dewsbury Police
Dewsbury police falls under West Yorkshire policing. Find out about your local police force here.

Dewsbury District Hospital
If you are injured but not seriously enough to need an ambulance, you may still need to visit the district hospital. </span

Car Accident Claims
How much do you get for pain and suffering in a car accident? Find out in this guide.

Whiplash Injury Claims
What is the average settlement for a car accident leading to whiplash? Find out in this guide.

Useful Compensation Guides

• Bournemouth Car Accident Claims Solicitors
• Brighton And Hove Car Accident Claims Solicitors
• Bristol Car Accident Claims Solicitors
• Cambridge Car Accident Claims Solicitors
• Chelmsford Car Accident Claims Solicitors
• Chester Car Accident Claims Solicitors
• Moped And Scooter Accident Claims In London
• Colchester Car Accident Claims Solicitors
• No Win No Fee Road Traffic Accident Solicitors
• Doncaster Car Accident Claims Solicitors
• What Is The Minimum Payout For Whiplash?

By Russell Bowes. Last Updated 18th June 2024. This is our updated guide to claiming for an accident in a restaurant in Spain. In this guide, you can find an updated compensation calculator for Spain claim as well as answers to some common FAQs.

On this page, you can find our guide to the process of claiming compensation for an injury caused by an accident at a restaurant in Spain. It will explain everything a personal injury lawyer will be doing when they make a claim for you, as long as you are within the claims limitation period of one year. However, if the restaurant is in the hotel and the hotel is on a UK packaged holiday you might have up to three years but you will need to confirm this with our solicitors.

Instead of reading this guide in its entirety, just pick and choose the parts that relate to you, and then call Legal Expert on 0800 073 8804. We will go over the claims process with you and answer any questions you may have at that stage.

Select a Section:

• Claiming Compensation for Food Poisoning at A Restaurant in Spain
• Compensation for Burn Injuries at A Restaurant in Spain
• Slips, Trips, And Falls at A Restaurant in Spain
• How Long Do You Have to Claim Compensation in Spain?
• What Can Your Accident in A Restaurant in Spain Claim Include?
• No Win No Fee Restaurant Accident and Illness in Spain Claims
• How Our Team Covering Claims in Spain Can Help Make Your Restaurant Accident or Illness Claim in Spain
• Start Your Claim by Contacting Us Today
• Useful Links and Further Information
• FAQs

Claiming Compensation for Food Poisoning at A Restaurant in Spain

Take a look at the graph above; it shows the frequency of cases of a number of different illnesses that could fall under the heading of a stomach upset or have food poisoning-like symptoms. Due to the frequency of such cases, we can discern that your chances of catching food poisoning at a restaurant in Spain are much higher than at home in the UK. Indeed, this is the very reason why we came up with the well-known English phrase “Spanish tummy”. Yes, food poisoning in Spain is quite common.

There are many ways that food poisoning can be contracted, that would lead a person to make Spain food poisoning and illness claims. Some of these are:

Food that has been prepared in an unhygienic kitchen or served with unhygienic utensils.

• Food that has been left standing on a buffet table for too long.
• Food that is either undercooked or has been reheated.
• Food that has been washed in an uncleaned water supply
• Food that has been kept at the wrong temperature.

These are the most common reasons why food goes bad and can cause food poisoning when consumed. If you need to make a compensation claim for a case of food poisoning that you caught in a Spanish restaurant while you were on holiday, then call Legal Expert on the phone number down at the bottom of this page, and we can start your claim today.

Compensation for Burn Injuries at A Restaurant in Spain

By the very nature of the business of a restaurant, the serving of hot food, burns and scalds are unavoidable to some extent. There are many ways that you can receive a burn injury at a restaurant, a common holiday accident in Spain that any personal injury solicitor will be able to help you claim for.

Burns in a restaurant are most commonly caused by hot food or drink being spilt on one of the patrons. However, in some restaurants, such as those that allow diners to barbeque their own food, or have a naked flame keeping dishes hot, normal burns could occur. Treating a burn or scald takes the following steps:

1. Stop the burning – i.e. remove the heath that is causing the burn.
2. Remove restrictions – clothing, bag straps, watches, etc. that are in the area of the burn.
3. Cool the burn – apply ice, colder water, or a cold pack to cool the burn and stop inflammation. For more serious burns, use only lukewarm water to cool the burn.
4. Keep warm – if the victim has suffered a serious burn, find a blanket or other covering to keep them warm and to help with shock.
5. Wrap the burn – use plastic wrap such as cling film to wrap the burn before you seek proper medical treatment.

If you have been burned or scalded in a restaurant while you were on holiday in Spain, Legal Expert can help you to claim the compensation you are eligible for. Call us on the telephone number down in the last section of this guide so that we can help you start a claim today.

Slips, Trips, And Falls at A Restaurant in Spain

Slips, trips and falls are the most common types of accidents in the world, and the second most common in the UK after road traffic accidents. Therefore, a slip trip and fall is a very common reason to make a compensation claim in Spain. A slip, trip or fall in a restaurant can happen in many ways, such as:

• Slipping on a floor where food, drinks, water or oil has been spilt, that has not been cleaned properly and has not been marked with a hazard sign as per EU regulations.
• Tripping on damaged floorings, such as a frayed or torn carpet, cracked floor tiles, or warped wooden floorboards.
• Falling down badly lit entrance stairs, or while exiting the restaurant into the carpark.

If you have been injured by a slip, trip or fall accident in a restaurant while you were on holiday in Spain, Legal Expert can get you the compensation that is rightfully yours. Call us at the number at the bottom of this page to find out how.

How Long Do You Have to Claim Compensation in Spain?

How long you have to make a compensation claim for a restaurant injury in Spain depends on how you booked your holiday, and where you flew into or out of thus:

• If you booked via a UK-based package tour vendor – you have 3 years from the date of the event to make a claim.
• If you booked your visit to Spain on your own – you have just 1 year from the date of the event to make a claim.
• If you booked your flight to Spain privately – if you are flying into or out of Madrid Airport, Barcelona Airport, Palma de Mallorca Airport, and any other airport Spain, you would have up to 2 years from the date of the event to make a claim.

What Can Your Accident in A Restaurant in Spain Claim Include?

When you make a holiday accident claim for personal injury compensation Spain, the settlement you will receive if you are successful in your claim could be made up of a number of types of damages. Each may paid for a specific reason, such as:

• General damages – all of the damages paid for physical reasons:
  • Pain and suffering – if the initial injury and illness, and also of the emergency treatment you may have received.
  • Mental trauma – if the accident causing the injury or illness was especially traumatic.
  • Psychological problems – if the injury or illness, or the root cause, was severe enough to leave you with long-term mental health issues such as PTSD, depression or anxiety.
  • Painful rehabilitation – if the road to recovery is going to be long, painful and traumatic.
  • Permanent damage – if your injury or illness is going to result in a permanent disability that will affect you for the rest of your life.
• Special damages – all of the damages paid for non-physical reasons:
  • Care cost – if you had to hire a nurse to help care for you, or home help such as a cleaner.
  • Medical fees – if any of the treatment for your illness and injury came out of your own pocket.
  • Travel costs – if you had to use public transport to get to the hospital or clinic for outpatient treatment.
  • Loss of earnings – if you have had to take a long period out of work and have lost out on wages or salary.
  • Loss of future earnings – if the prognosis of your injury or illness is that you will have a reduced capacity for work in the future.

If you would like to know exactly what types of damages could be applicable to your case, call Legal Expert on the number at the end of this page to find out.

No Win No Fee Restaurant Accident and Illness in Spain Claims

Legal Expert has come up with a risk-free way for you to make a personal injury claim for an illness or injury that was caused by a restaurant in Spain. Our No Win No Fee claims service can be used by anybody in the UK to claim compensation in a simple, safe and effective way.

The only time you will need to pay us, is when you actually receive a compensation payment. We charge nothing to begin your claim, and nothing to pursue your claim, and also nothing if we lose your claim.

Call Legal Expert on the number below to find out more about this claims service and how it can help you to claim the compensation you are eligible for.

How Our Team Covering Claims in Spain Can Help Make Your Restaurant Accident or Illness Claim in Spain.

Legal Expert is experienced in making all types of personal injury claims, including claims for an illness or an injury caused by a restaurant in Spain. We have many happy clients (read our reviews)who we have helped in the past, and we would be happy for you to join their ranks.

Whenever you have a question about your claim, or simply want a status update about how your claim is going, one of our legal team will always be on hand to answer you in simple English, and not legalese.

Call Legal Expert on the telephone number below and learn how we can help you claim the maximum level of compensation possible.

Start Your Claim by Contacting Us Today

Did you contract food poisoning, or suffered an injury such as a burn while you were eating in a restaurant on holiday in Spain? If so, then call Legal Expert right now on 0800 073 8804 so that we can take the details of your case, and get your claim underway today.

Useful Links and Further Information

We have provided the link below, that leads to a webpage published by the NHS and gives information on the treatment of burns and scalds:

NHS info on burns and scalds

We have provided the link below, that leads to a webpage that contains a guide to claiming compensation for scalds caused by hot drinks:

A guide to claiming for hot drink scalds

We have provided the link below, that leads to a webpage that contains a guide to making restaurant compensation claims:

A guide to making restaurant claims

We have provided the link below, that leads to a webpage that contains UK Government information on the safety of food and water abroad:

UK Government info on food and water abroad

Swimming pool accidents could happen in your hotel or resort. Find out if and when you could claim compensation:

Swimming pool accidents in Spain

This guide looks at how to claim compensation if you were injured in a coach or bus crash in Spain.

Bus and coach accidents in Spain

FAQs

Could I claim without having travel insurance?

Having travel insurance does not impact your ability to make a personal injury claim. As long as you have booked your holiday through a package tour operator based in the UK your holiday will be covered by the ‘Package Travel, Package Holidays and Package Tour Regulations 1992’.

What information should I collect whilst on holiday to help with my claim?

There are a few pieces of information which you could collect whilst on holiday which could help your claim when back in the UK. Reporting where and when the accident at a restaurant in Spain happened with your tour company starts to create a record of it having taken place. You could also keep records of any healthcare you accessed or required before returning to the UK. If possible, taking photographic evidence of the cause of the accident could help your case.

Can I claim for a child injured at a restaurant in Spain?

If a child has been injured, a suitable adult could become a litigation friend and could act on their behalf in making the claim. This person could be the child’s parent or guardian, another family member, a solicitor or other professional advocating for the child.

How long does a child have to claim?

Whilst adults have shorter limitation periods to start and make their claim, time limits for children may be longer. Please check with a solicitor as time limits to claim for accidents abroad can vary.

Thank you for reading this guide on claiming for an accident in a restaurant in Spain.

By Olivia Fitzpatrick. Last Updated March 2024. Welcome to our lack of consent medical negligence claims guide.

On this page, you will find a detailed guide to the legal process of making personal injury claims for an instance of lack of consent medical negligence that led to harm to the patient. Every patient is required to give consent before any treatment. This consent is seen to be inferred in many cases, but when the patient is unable to voice their consent for some reason, then the doctor must either stall the treatment until the patient can voice their consent, or receive consent from a guardian or next of kin of the patient who has full rights of attorney.

When no consent is received, and the doctor carries out the procedure anyway, if the patient is harmed, then they can claim clinical negligence compensation. This guide covers this kind of claim.

If you would prefer not to read all of this guide, you can simply call Legal Expert on 0800 073 8804 today, and we will talk you through the legal process of making a medical negligence claim, and get your claim started.

What is medical negligence?

Medical negligence is a term used to describe medical malpractice, by which a medical professional performs well below the standard expected of them and provides sub-standard care.

For example, if an incident occurred as a result of a doctor’s actions but other doctors in their position would have acted differently to prevent this incident from happening, then it’s likely that the incident occurred as a result of medical negligence. They may have neglected to carry out proper testing, leading to a misdiagnosis or an incorrect prescription being issued.

Another example of medical negligence is failing to obtain informed consent. This is a lack of written consent to certain treatments being done, whether surgical or otherwise. To ensure that patients are fully informed and aware of the decisions that they’re making, medical professionals must properly explain any risks involved, as well as alternative options if available and the opportunity to answer any questions.

If you’re suffered medical negligence in the form of lack of consent, you could have grounds to make a claim for compensation. Please read on to learn more in this guide.

Select a Section:

• A Guide To Lack Of Consent Medical Negligence Claims
• What Is Informed Consent?
• What Does It Mean To Give Consent For An Operation Or Procedure?
• Why Is It Important That I Give Consent?
• What Is A Failure To Provide Informed Consent?
• How Can A Lack Of Informed Consent Arise?
• The Law And lack Of Informed Consent Medical Malpractice
• Circumstances When Medical Consent Is Not Needed
• How Do You Know If You Can Make A Lack Of Consent Medical Negligence Claim?
• Medical Malpractice Claims Can Include The Following
• Calculating Settlements For Injuries Caused By A Lack Of Consent
• No Win No Fee Medical Malpractice Claims
• Legal Expert Can Help You Claim Compensation After Injuries Caused By A Lack Of Consent
• Contact Legal Expert Today
• Resources And Links

A Guide To Lack Of Consent Medical Negligence Claims

As long as you are looking to make lack of consent medical negligence claims within the personal injury claims time limit of 3 years, then this guide is going to be of use to you.

This guide covers the end-to-end legal process that your solicitor will follow when making a claim for clinical negligence on your behalf. This will help you better to understand what your solicitor will be doing for you whilst pursuing a claim. This guide contains information such as:

• A definition of the legal term “informed consent” and how it applies to patients and their doctors.
• A look at what it actually means when a patient gives their consent for a medical professional to carry out a surgical procedure.
• An explanation of why the concept of consent is a key tool for protecting patients from harm in the UK.
• An examination of just what a failure to provide informed consent is, and how it affects the medical team that is dealing with a patient.
• A list of some of the primary reasons that a patient may be unable to give informed consent.
• A detailed look into the law in the UK with regards to patients’ rights and how clinical negligence is defined.
• A list of some of the more common situations where a doctor will be deemed to not require the patient to provide informed consent.
• Information about the eligibility of a patient to make a clinical negligence claim due to the harm caused by treatment being administered without informed consent.
• A list of the primary types of damages that a claim for clinical negligence could include as part of the overall settlement.
• A table that details typical amounts of compensation paid for a wide range of injuries and medical conditions that could be caused by clinical negligence.
• Key info about the Conditional Fee Agreement (CFA) that Legal Expert uses as the backbone of its national claims service, available to all residents of the UK as a simplified and effective way of making a claim in a risk-free manner.

Once you have read this lack of consent medical negligence claims guide, if you need any more information, then we will do our best to help you. All you need to do is call Legal Expert on the telephone number at the bottom of this guide.

What Is Informed Consent?

Looking at the graph above, we can see that both inpatient and outpatient services are the most common two NHS service areas that receive complaints each year in the UK. These two service areas are the two most likely to see a patient be harmed through clinical negligence due to a failure of the informed consent protocol. These cases of lack of consent medical malpractice, could result in a claim.

Lack of informed consent medical malpractice can be avoided by the doctor divulging all of the critical information about a treatment or surgical procedure to the patient, and having the patient agree in writing to undergo the surgery or treatment. The doctor should divulge information such as:

How the procedure or treatment will be carried out, and the effects it will have on the patient.

• A list of all the most common risks of the procedure or treatment.
• A list of all the rare and uncommon risks that have a slight probability of occurring.
• Advise on any alternative treatments or procedures that the patient could undergo instead.
• Answers to all of the questions the patient has about the procedure or treatment.

By divulging all of this information, the patient can then make an informed decision and decide whether or not to give their consent for the procedure or treatment to be carried out.

If you were harmed by treatment or a surgical procedure that you did not give consent for, Legal Expert can help you to make a medical negligence claim. Call us at the number down at the end of this lack of consent medical negligence claims guide to find out how.

What Does It Mean To Give Consent For An Operation Or Procedure?

A case of lack of informed consent would mean that the patient had not agreed in writing to the treatment of surgical procedure that their doctor is recommending. In order to avoid failures in surgical consent, doctors divulge information such as that which was detailed in the previous section.

If once your doctor has explained how the procedure will work, the common and rare risks, outlined any alternatives and answered all of your questions, you agree to have the treatment or procedure carried out, you will have given informed consent.

What this means, is that the doctor can now do his job, providing the treatment they had recommended or performing the surgical procedure that the patient needs. Because the patient has given informed consent, the doctor is now indemnified against being pursued for damages if one of the divulged risks of the treatment or procedure harms the patient in some way. This does not protect the doctor from being sued for clinical negligence of another type though.

Legal Expert can help you to make lack of consent medical negligence claims, all you must do is call us on the number at the bottom of this page to begin.

Why Is It Important That I Give Consent?

The reason that it is important that you give informed consent, is so that your doctor can provide you with the treatment you need. It is illegal for a doctor to provide treatment or surgery without consent. This could lead to criminal injury proceedings against the doctor, as with most informed consent malpractice cases.

If you are unclear whether you gave informed consent in your case, call Legal Expert on the telephone number in the last section of this guide. We will evaluate your lack of consent medical negligence claims for you, and offer you some free legal advice on whether you have a reason to make a medical negligence compensation claim or not.

What Is A Failure To Provide Informed Consent?

In all lack of informed consent cases, the failure of the patient in giving consent to medical treatment is the key factor. The concept of informed consent is not legislated under any specific set of laws. Instead, it forms part of common law, which all doctors adhere to as an ethical standard. A medical professional will be deemed to have been negligent in their duty to obtain informed consent from their patients if they carry out any of the procedures below without such consent:

• Examining a patient – whenever a medical professional physically touches a patient, then there is a requirement to get informed consent beforehand.
• Providing treatment – including surgery, prescribing and administering medication, or scheduling invasive or non-invasive test procedures, or absolutely any other procedure that could cause harm to a patient requires the patient giving informed consent.
• Providing care – for patients who are either awaiting treatment or convalescing after treatment, then informed consent must be given for the healthcare establishment to provide such care.

If you have suffered at the hands of a medical professional who has failed to get your informed consent, then you could have a valid reason to make lack of consent medical negligence claims. Call Legal Expert on the telephone number at the bottom of this guide to proceed.

How Can A Lack Of Informed Consent Arise?

In medical negligence cases that resulted in a lack of informed consent lawsuit, then there are a number of common ways that a lack of informed consent can come about, and these are:

• The patient has undergone a surgical procedure but never gave permission for the surgery to be done (does not apply to emergency life-saving procedures).
• The patient was not advised about a specific risk of a procedure, which subsequently caused them harm.
• There was a much higher risk of complications than the consent form had outlined, and one of these complications subsequently harmed the patient.
• The patient underwent treatment or a surgical procedure which was different to the one they actually gave informed consent for.

Many of these reasons are driven by a failure in the protocol for managing patient consent. Even so, if you have been harmed, you can claim compensation. Legal Expert can help you do so, call us on the number in the last section of this lack of consent medical negligence claims guide to begin.

The Law And Lack Of Informed Consent Medical Malpractice

When it comes to a patient giving informed consent requirement for surgical treatment, the law has some pretty stringent requirements. For example:

• The right of refusal – every patient always has the right to refuse to undergo a specific course of treatment or surgical procedure. All medical professionals must acknowledge the will of the patient in these matters.
• Power of attorney – for patients who cannot communicate their consent, for example, if they are mentally retarded, unconscious, or unable to understand the issue at hand, then only a guardian or next of kin that has the full power of attorney can provide consent by proxy.
• Incomplete disclosure – every patient must be told all of the risks involved in a course of treatment or surgical procedure. If they were not, and they gave consent, then it will be deemed null and void as they could not have made an informed decision without all the facts.

If you need more advice about the law regarding informed consent, call Legal Expert on the phone number in the last section of this guide so that we can help you make lack of consent medical negligence claims.

Circumstances When Medical Consent Is Not Needed

In some cases, informed consent is not required, so there will be no valid reason for a patient to claim medical consent compensation. The law in the UK specifies that a medical professional will not need to receive informed consent from a patient in the following situations:

• Medical emergencies – when the patient needs emergency treatment and they are, for example, unconscious and unable to give consent.
• Additional surgical procedures – during an operation that the patient has given consent for. If something has gone wrong during the procedure, the surgeon may need to take action outside of the remit of the patient’s previous consent.
• To protect the public – for example, if the patient has a particularly dangerous and infectious disease, the doctor will be allowed to treat it without consent.
• To protect the patient – if they are living in unhygienic conditions and are unable to care for themselves properly, medical professionals may act without consent.
• Mental health issues – if a patient has a severe mental health problem, and there is nobody with the power of attorney to give consent, the doctor may act on their own decision.

If you were harmed due to being administered treatment that you did not give consent for, and it does not fall into the situations outlined above, call Legal Expert on the number at the end of this page to start your lack of consent medical negligence claims.

How Do You Know If You Can Make A Lack Of Consent Medical Negligence Claim?

Every medical professional in the UK is required by law to fulfil their duty of care towards their patients at all times. When the medical professional fails in this duty of care, by accident, mistake, omission or oversight, including failing to follow informed consent protocol, the clinical negligence will have taken place and a personal injury lawyer will be able to help you claim compensation for the harm the doctor caused you.

Legal Expert is exactly the right type of personal injury claims service for making clinical negligence claims, including lack of consent medical negligence claims. We have the knowledge and experience to take on the NHS and win. Call us on the telephone number down in the final section of this guide so that we can help you.

Medical Malpractice Claims Can Include The Following

Any claims for a failure to secure medical consent leading to clinical negligence will include a range of different types of damages, including:

• General damages; physical pain and suffering due to the injury, mental trauma, psychological injury, and any long-term convalescence or permanent disability.
• Special damages; travel costs, medical bills, loss of earnings, loss of earnings in future, care cost, etc.

For a better idea of the types of damages you might claim, call Legal Expert on the phone number below to discuss lack of consent medical negligence claims.

Calculating Settlements For Injuries Caused By A Lack Of Consent

We have not provided a personal injury claims calculator. Instead, we have presented this table of typical compensation amounts for a range of injuries:

Updated July 2021. 

Call Legal Expert on the number below to get a much more accurate estimate of what you might get from lack of consent medical negligence claims.

No Win No Fee Medical Malpractice Claims

Legal Expert offers our No Win No Fee claims service as a very simple, effective and completely risk-free (financially) way to make compensation claims for medical negligence through failure to receive informed consent.

You pay nothing to start your claim, no ongoing costs, and if we don’t make a claim for you then you pay nothing at all. When we win your case and you receive a damages settlement, then you will need to pay our fees.

Call us at the number below so that we can begin making your lack of consent medical negligence claims for you.

Legal Expert Can Help You Claim Compensation After Injuries Caused By A Lack Of Consent

Legal Expert is a very experienced team of personal injury solicitor, we can leverage this experience to enable us to claim compensation from large organisations such as the NHS on behalf of our clients. We have done so hundreds of times before and we can do so for you. Call us on the number below to find out how.

Lack of consent medical negligence claims FAQs

A lack of informed consent is when a medical professional fails to provide sufficient information to their patient.

What is an example of lack of informed consent?

An example of lack of informed consent is when a medical professional fails to explain alternative treatment options to a patient or the risks involved in their current treatment route.

Could I make a medical negligence claim?

If you suffered as a result of a medical professional or hospital’s failings, you could be able to claim, providing you can prove that their negligence was to blame.

How can I identify medical negligence?

Medical negligence can usually be determined by assessing whether the following criteria applies to your situation:

• The third party in question owed you a duty of care
• They failed to uphold their duty
• You suffered as a result

How can I prove my suffering?

If you undergo a medical evaluation with an independent medical expert, they can produce a report to evidence your claim. Within this report, everything from your injuries to the impact they’ve had on your life will be included.

Why are No Win No Fee agreements helpful?

These conditional fee agreements allow you to obtain legal help to make your claim without the usual expense. This is due to the fact that no fees are charged by a No Win No Fee lawyer unless they win their client’s case for compensation. Therefore, any success fee that they charge will be deducted from the final settlement award.

How can I find a No Win No Fee solicitor for me?

Law firms don’t have to be based in your local area anymore in order for you to work with them. Instead, you can access the best legal help online or over the phone from the comfort of your own home. So, why not get in touch with Legal Expert today to see what we could do for you?

How can I get in touch with Legal Expert?

Please see the section below for information on how to contact our team of specialist advisors.

Contact Legal Expert Today

Are you ready to make a compensation claim for medical negligence caused by a failure to procure informed consent which led to you coming to hard? If you are, call Legal Expert on 0800 073 8804 right now. Once we know a bit more about your lack of consent medical negligence claims, we will advise you on what we think you should be doing next.

Resources And Links

Below, we have provided a link that will send you to a full guide to making a compensation claims for medical/clinical negligence:

A guide to making medical/clinical negligence misdiagnosis of cancer

Below, we have provided a link that will send you to a full guide to making a compensation claims for GP negligence:

A guide to making GP negligence claims

Below, we have provided a link that will send you to the NHS web page that covers the concept of informed consent:

NHS information on informed consent

Below, we have provided a link that will send you to the UK Government web page that provides a reference guide for establishing informed consent:

UK Government information on informed consent

Thanks for reading our lack of consent medical negligence claims guide. 

In 2001, a patient underwent LASIK eye surgery at London’s Optimax Clinic. As required, the clinic carried out an assessment to determine whether or not the client was suitable for the treatment. He informed the ophthalmologist that due to an uneven cornea surface he had been refused laser treatment in South Africa. However, he had booked another appointment on the chance that technological improvements might now mean that he was suitable.

Laser eye surgery injury

After taking the Orbscan readings, the ophthalmologist decided that the client was suitable for laser eye surgery. However, the readings clearly stated that this should not have been the conclusion. They showed abnormal results, which should have led to an irregular astigmatism being diagnosed. But, because it wasn’t, the laser eye surgery was carried out a month later. This caused a marked deterioration in the man’s vision, as well as an increase in terms of the degree of irregularity in the cornea’s shape.

As the client worked in a computer-based role, further surgery was necessary for the client to continue in his existing job. As a consequence, the ophthalmologist admitted fault and a settlement amount of £90,000 was agreed. This is one of numerous LASIK horror stories, and there have been cases involving different types of laser eye surgery. Read on to discover more.

Laser eye surgery gone wrong – How common are laser eye surgery issues?

Cases of laser eye surgery gone wrong are not common, thankfully. Over the past decade, this type of surgery has progressed by huge amounts. Most patients do achieve 20/20 vision or better. Nevertheless, there are cases whereby the laser eye surgery does not turn out as expected. Yes, results do vary, but if vision has deteriorated or you have suffered any other issues due to negligence, you will be able to make a claim. You can take a look at a LASIK gone wrong forum online to discover more about the different issues that have happened.

Laser eye surgery risks

Not only does laser eye surgery risks blindness, but there are other risks too, including:

• You may suffer from corneal estasia, which can lead to blindness. The patient may also need to undergo corneal transplant.
• Your eye may get infected.
• You may develop chronic dry, red eyes.
• You could end up with visual aberrations.
• Your vision may be over or under-corrected.

If any of the laser eye surgery problems that have been mentioned above have happened to you due to negligence, you will be able to make a claim. Legal Expert can facilitate this process for you making it simple and easy to go about the process of putting forward your claim.

What injuries can be sustained in laser hair removal?

When making a claim for laser eye surgery compensation, there are a number of different things you can claim damages for. Firstly, you can claim for the pain and the suffering, both in terms of the physical and psychological trauma. In addition to this, you can claim for any expenses you have had to fund due to the treatment. Not only does this include laser eye surgery cost,but also loss of earnings if you had to miss work, as the claimant discussed at the start of the guide did. You can also claim for travel expenses, childcare costs, the cost of counselling, and essentially anything else that is directly linked to what happened to you.

Claiming against the laser eye surgery clinic – what’s involved?

When making a claim against a laser eye surgery NHS clinic or private clinic, there are a number of steps you should take in order to build a strong case. This includes taking photographic evidence if applicable, as well as making an official complaint to the laser eye surgery in question. This will ensure that there is an official record of what happened, which can help you to strengthen your case for laser eye surgery compensation. You also need to contact a reputable and experienced law firm, which can help to build a strong claim for you. This is exactly what we can do at Legal Expert.

No Win, No Fee laser eye surgery compensation claims – what’s involved?

It is also important that you make your claim for laser eye surgery compensation on a No Win, No Fee basis. This is guaranteed with Legal Expert. All of our claims are 100 per cent No Win, No Fee. This means that you only pay legal fees for our service if your case is successful and you are awarded compensation. This ensures that the financial worry that a lot of people have when making a claim with a traditional solicitor is eliminated. It also means that, no matter how much money you have in the bank, you can make a claim because there are no start-up costs.

Call Us for Free Advice

No matter whether you want to make a claim for laser eye surgery gone wrong Optical Expressor at any other clinic or business, or you simply have questions about the whole process, please do not hesitate to get in touch. You can contact the team at Legal Expert on 0800 073 8804. Or, if you would prefer, you can request a free call back via our website or you can chat to one of our advisors about laser eye surgery compensation through using the live chat facility on our website.

Useful Links

Hopefully, you have found the information above useful while looking for more information about making a claim for laser eye surgery compensation. However, if you still have queries, the links below may assist.

NHS – All about laser eye surgery

This link takes you to the NHS page on laser eye surgery and lens surgery for more information about the treatment. Whether you’re considering treatment or are looking to see what should have happened and perhaps did not in your case, this may be of use.

Eye Injuries – A Claiming Guide

This link takes you to our comprehensive guide on eye injury claims. Find out everything you need to know regarding making such a claim, including payout amounts.

By Olivia Jemma. Last updated 24th May 2021. If you’re wondering is it possible to lose a job if you claim against an employer, this guide can help.

Have you suffered a workplace accident that was not your fault? Unfortunately, these incidents are a lot more common than people realise. While some working environments are more dangerous than others, for example, construction sites, there are dangers and risks in all workplaces. If your employer has not taken the required action to make the site as safe and healthy as possible, you will be entitled to seek compensation. However, a lot of people fear losing a job after claiming against an employer. This is not something you need to be concerned about, as it is against the law. If your employer does dismiss you, we can then help you to secure compensation for this too.

You can reach Legal Expert on 0800 073 8804 for more information. But first, if you’re asking ‘could you lose a job if you claim against an employer?’ please read on.

Select A Section

1. Guide on losing a job after claiming against an employer
2. Constructive dismissal – What is it?
3. Could you lose your job if you make a claim against an employer?
4. Your right to workplace protection
5. Who will pay the compensation if you make a workplace claim?
6. Why you need to have a personal injury solicitor on your side
7. Legal Expert – Free Guidance on losing a job after claiming against an employer
8. Contact Legal Expert Today
9. Useful Links

Guide on losing a job after claiming against an employer

If you’re wondering is it possible to lose a job if you claim against an employer, this guide can help.

Accident at work can they sack me? This is a question we often get asked by people who want to make a personal injury claim because they are worried that they will lose their job as a consequence. In this guide, we will reveal everything you need to know about the law concerning this. We will also talk you through what to do after an accident at work.

If you’re still wondering ‘could you lose a job if you claim against an employer?’ by the time you finish reading this guide, please do not hesitate to get in touch.

Constructive dismissal – What is it?

is it possible to lose a job if you claim against an employer

If you’re wondering is it possible to lose a job if you claim against an employer, it will first help to understand what constructive dismissal is.

If you have experienced an accident at work then sacked, this is against the law. You cannot experience a dismissal after injury at work, nor can you be forced to leave your job. By law, your employment status is protected. This means that you can make a personal injury claim without any worry.

This also means that you cannot be forced out of employment by other means. This refers to situations whereby you have been made to feel as if leaving your job is the only option. You may have been subject to bullying, for example, or your work conditions may have been horrendous. This is what is deemed constructive dismissal. If you were to encounter this, you would then have grounds for a further compensation claim.

For more information on ‘could you lose a job if you claim against an employer?’, please read on.

Could you lose your job if you make a claim against an employer?

Are you wondering is it possible to lose a job if you claim against an employer?

This is something a lot of people fear, causing many employees to avoid making a claim and getting the compensation they deserve. Thankfully, losing a job after claiming against an employer is against the law.

Unfortunately, being ill due to work or suffering an injury because of unsafe working practices is fairly common. Workplaces should be safe, but this is not always the case. If you can prove your employer has acted negligently, you will be able to secure compensation, and your employer cannot sack you nor can you be subject to unfair treatment. If you are, you will then have grounds for a further claim.

For more explanation on ‘could you lose a job if you claim against an employer?’, please continue reading.

Your right to workplace protection

If you’re wondering is it possible to lose a job if you claim against an employer, there is certain workplace protection in place that could help you in this situation.

Can I be sacked for having an accident at work? Most certainly not, and this is because you have a legal right to workplace protection. It is important to understand accident at work employer’s responsibilities, as per the Management of Health and Safety at Work Regulations 1999. This piece of legislation states that all employers are required to train employees correctly, as well as ensuring all equipment and work practices are safe. If your employer has failed in this task, you will be entitled to compensation. We often get asked, “I have just lost my job what benefits can I claim?” – well, through making a claim you can receive damages for the pain and suffering, as well as all of the monetary losses and other knock-on effects associated with this. You can also claim against employer for stress.

If you’re wondering ‘could you lose a job if you claim against an employer?’, please read on.

Who will pay the compensation if you make a workplace claim?

If you’re wondering is it possible to lose a job if you claim against an employer, you may also be wondering who might pay out.

A lot of people never seek their accident at work pay entitlement because they are worried that it will cause financial harm to the business they work for and consequently put their co-worker’s future in jeopardy. This is something you do not need to worry about, as all businesses are legally required to have insurance in place to fund such scenarios if they do arise. This means that the insurer pays your compensation, not the company you work for. Moreover, even in situations whereby the company has gone out of business, no matter the reason, the payout is still payable by the insurer who supplied cover at the time.

For more information on ‘could you lose a job if you claim against an employer?’, please keep reading.

Why you need to have a personal injury solicitor on your side

If you’re wondering is it possible to lose a job if you claim against an employer, you may also be wondering about legal help.

When it comes to making a personal injury claim or claiming due to being sacked for injury at work, one of the most vital things you need to do is go for someone that is happy to work to a No Win, No Fee agreement. All of your accident claims are handled on this basis. This is imperative for a number of reasons, but first, let’s explain what this means. A No Win, No Fee agreement means that you will only need to pay legal fees if your case is a success. If you were to go for someone that works to a different payment structure, there is always the chance that you are going to invest significant sums of money only for your case to be unsuccessful. For many people, this is a risk they cannot afford to take, and the good news is that you don’t have to, as a No Win, No Fee service offers a degree of monetary protection.

There are other knock-on benefits that are associated with this type of payment scheme. For example, you are guaranteed to benefit from a high-quality service. This is because the solicitor working on your case is going to be affected by the outcome of your case and, therefore, they are going to be doing absolutely all in their power to make sure your case is an unequivocal success. You can also be certain that a No Win, No Fee solicitor will not mess you around. They have absolutely nothing to gain by simply taking on any type of personal injury case and, therefore, if your claim is not going to be strong enough they will tell you.

If you’d like more information on ‘could you lose a job if you claim against an employer?’, please contact a member of our team today.

Legal Expert – Free Guidance on Accident at Work Claims

Are you wondering is it possible to lose a job if you claim against an employer? Would you be interested in getting legal help?

Legal Expert has a team of the best law professionals, and we cover the whole of the UK. We are one of the country’s leading law firms, and we have an abundance of experience, having worked on many different types of personal injury claims over the years. One thing that makes our service stand out from the rest is the fact that all of our solicitors work to a No Win, No Fee payment agreement, meaning you don’t need to pay legal fees if your case is not a success. Call us today to discover more. You will more than likely be very glad you did so.

Contact Legal Expert Today

could you lose a job if you claim against an employer

If you have been dismissed after an accident at work and you’re wondering is it possible to lose a job if you claim against an employer, please do not hesitate to get in touch.

At Legal Expert, we have years of experience in these types of personal injury claims and we can help you to get the compensation you deserve. Simply give us a call today on 0800 073 8804 to get started. You can also find the rest of our contact information on our website, including our live chat facility and our request a free call back option.

We are always glad to hear from clients, prospective clients and those who want to learn more about what we can do. Speak to us about your own experiences, and we will decipher whether or not we would be able to assist with claims of this nature. In addition, we can discuss ‘could you lose a job if you claim against an employer?’ to further your understanding of your rights in this situation.

‘Is it possible to lose a job if you claim against an employer?’ and other FAQs

Had an accident at work can I claim?

Providing you suffered as a result of third-party negligence, meaning that third party failed to uphold their legal duty of care to you, you could be entitled to make a claim.

Do I get full pay if injured at work?

Usually, you won’t be entitled to your full salary if you’re unable to work. However, if you can’t work due to illness or injury, you’re legally entitled to get Statutory Sick Pay (SSP) during your time off, as long as you:

• Aren’t self-employed
• Are sick for 4 or more days in a row (including non-working days)
• Earn an average of at least £120 a week (pre-tax)

Can I be sacked for claiming against my employer?

You cannot be dismissed from your job on the basis of making a claim against your employer. This is what’s considered unfair dismissal.

Can I sue my employer for stress and anxiety?

Yes, if you’ve experienced any sort of stress or anxiety as a result of your employer, you could be able to include this in your personal injury claim against them.

What damages could I claim?

Personal injury claims have 2 heads of damage; general and special damages. General damages are designed to compensate for physical injury or illness and psychological harm, whereas special damages are designed to compensate for financial shortfall, such as any loss of earnings you experienced.

How much compensation could I claim?

Since every claim is different, we can’t give you an idea of how much you could be entitled to without looking into your case in more detail. Therefore, please get in touch today for a free consultation with one of our specialist advisors.

Should I have a solicitor?

There isn’t a technical legal requirement to have a solicitor in order to make a claim but having one handle your case can greatly boost your chances of getting the compensation you deserve.

Where can I get a solicitor?

We have a panel of specialist solicitors that could get to work on your claim right away if you have a valid case. Please get in touch today to learn more about the services we offer at Legal Expert and see how we can help you.

Useful Links

Hopefully, you now know everything you need to regarding ‘could you lose a job if you claim against an employer?’. However, if you require more information, the links below should be of some assistance.

Slips at work HSE– I had an accident at work what are my rights? This link takes you to the UK Government website where you will find information on slips, trips, and falls at work, and what to do next.

Below, you can find a list of guides which may tell you more about accident at work claims:

• Discover more answers to your queries on our accident at work FAQs page
• Can I claim compensation if I’ve left the company?
• Injured due to tiredness or fatigue – can I claim?
• I hurt myself at work, can I make a claim?
• What to do if you cut off your finger at work
• I suffered a burn injury at work, how much could I claim in compensation?
• How to claim compensation for industrial dermatitis
• I was injured at work – what are my rights?
• Is my employer liable for an accident at work?
• What should I do if I hurt myself at work?
• Who pays my medical bills if I’m injured at work?
• Can I make a claim if injured in my probation period?
• Who pays damages in an accident at work claim?
• I slipped on water at work, can I make a claim?
• Does my employer pay my medical bills if I’m injured at work?
• Can you still claim compensation f you didn’t take time off work?
• Do you have to be an employee to make a workplace injury claim?
• I am a new employee, can I make a claim?
• How do you prove an accident at work claim?
• Do you need to be an employee to make a workplace accident claim?
• What happens if you do not report an injury or accident?
• Can I make a claim if I’m an agency worker?
• I was dismissed after an accident at work, what should I do?
• If I was partly at fault for an accident can I still make a claim?
• I am self-employed and had an accident at work, can I make a claim?
• I had an accident at work due to no safety boots – can I make a claim?
• Can an apprentice make an accident at work claim?
• I suffered a head injury due to no helmet – can I make a claim?
• Can I claim if injured because of no safety goggles?
• What is the time limit for an accident at work claim?
• What are my employers’ responsibilities after an accident at work?
• Will suing my employer create problems?
• How to make a claim for inadequate tools and equipment
• What is the maximum weight I can lift at work?
• I had an accident at work, what are my rights?
• Who has the overall responsibility for recording injuries at work?
• How long after an injury at work can I make a claim?
• I fell down the stair at work, can I make a claim?
• Learn more about accident at work claims here
• Get help with learning how to make a conveyor belt accident claim and get more information on the accident at work claims process.

If you’re wondering is it possible to lose a job if you claim against an employer, we hope this guide has helped explain everything for you. If not, please don’t hesitate to reach out to us today.

Welcome to our minor surgery injury claims guide. Have you been the victim of minor surgery negligence, whether on the NHS or privately? If the health care professional that was carrying out the surgery or attending to you before or afterwards has made a mistake or demonstrated a lack of care, and the result was that you suffered an injury or became ill, there is every chance you or a family member that suffers will be entitled to compensation for losses sustained.

Here at Legal Expert, our specialist solicitors have helped many people in your position to secure the maximum personal injury compensation amounts for minor surgical errors both on the NHS and privately. And we can help you to make a successful claim too. For more information, you can reach us on our personal injury claims line any day of the week by calling 0800 073 8804. But before you give us a ring, please read on for our compensation and minor surgery in general practice guidelines.

Select A Section

1. A Guide To Minor Surgery Claims
2. What Is Minor Surgery?
3. Mistakes Made During Minor Surgery
4. Are Surgical Mistakes Common?
5. Are All Minor Surgery Risks Unavoidable?
6. Different Types Of Minor Surgery Error Claims
7. Long Term Impact Of Minor Surgical Errors
8. What Could Your Minor Surgery Claim Include?
9. Time Limited On Surgical Error Claims
10. Minor Surgery Claims Calculator
11. Making A Minor Surgery Error Claim
12. No Win No Fee Minor Surgery Claim Claims
13. Why You Should Make Your Claim With Us?
14. Speak To Legal Expert Today
15. Resources And Useful Links

A Guide To Minor Surgery Claims

When we go to hospital, we expect to leave feeling better than we did when we arrived. We put our faith in the hands of the hospital as a whole and the healthcare professionals that are treating us to do their job as they are able and have been trained to do. Therefore, when accidents happen, it can be very traumatic. All patients are entitled to a duty of care from the surgeons and medical professionals looking after them. If you feel like you have been failed in this regard, you could be entitled to compensation. We can help you to secure the maximum payout available.

In this minor surgery injury claims guide, you will discover everything you need to know about these sorts of claims. This includes details regarding the definition of surgical negligence, what counts as negligence and what doesn’t, and the different types of surgical error claims. You will also discover the typical payouts for personal injury cases of this nature, how to launch a claim, the time limits on claiming, and much more.

What Is Minor Surgery?

Before we go into further detail about claiming and what is entailed, it is important to define minor surgery so you can understand a little better what this is. Minor surgery relates to invasive procedures in which only the connective tissue and the mucus membranes or skin are resected. Minor surgery should be effective, prompt, and safe. In the vast majority of cases, these are small procedures involving stitching tissue or cutting.

Mistakes Made During Minor Surgery

Every type of surgical procedure comes with some degree of risks. There are incidents whereby scarring and wound infections can happen without there being any medical negligence. Also, if you are unhappy with the surgery results, this does not necessarily mean that there has been any negligence. However, if you can show that the medical professional acted negligently regarding their duty of care to the claimant, and this has caused an injury, you will be able to start claiming for minor surgery errors.

In the case of an individual suffering minor injuries and cuts because of a surgical procedure, you may be able to seek compensation if one of the following applies to your case.

Examples

• Inherent risks were not rectified at the earliest possibility.
• Any inherent risks were not spotted when they should have been spotted.
• You were not informed regarding the extent of the damage caused by such a risk.
• You were not informed that there were any risks due to the procedure that was being carried out.

Compensation for minor surgery claims can be sought based on the pain and suffering that resulted and the impact on the person’s mental health. After all, doctors are in a position of trust, and any errors can profoundly impact some individuals. So, if you find yourself in this position, please speak to us about filing minor surgery injury claims.

Are Surgical Mistakes Common?

In the United Kingdom, the number of surgical errors that are taking place is increasing. Every year, out of the 4.6 million surgical admissions to the NHS, 300 of these are deemed ‘never events.’ While this is a very small percentage, if minor surgery negligence does happen, the impact can be truly devastating for that individual. It is also worth noting that these figures only consider NHS incidents and that there are no published figures for private hospital cases. All in all, while an error during surgery may be a rare occurrence, it can be a very serious one.

When making a claim for compensation for an operation gone wrong, the severity of the error will be taken into account. The highest compensation settlements are awarded for cases resulting in amputation, long-term health damage and, of course, death. However, the most common mistakes are typically benign, including leaving a foreign or surgical object in the individual’s body, for example, a sponge or a towel. If discovered, this sort of mistake can be resolved. Nevertheless, the resulting health issues and implications can still be deserving of compensation. Learn how to claim by reading on.

Are All Minor Surgery Risks Unavoidable?

When going to hospital, every patient is entitled to expect what is deemed as a reasonable standard of care when they are receiving minor surgery or any other type of treatment for that manner. This means that all healthcare staff needs to take the required steps to avoid any risks and to rectify any incidents or errors if they do happen. For example, if a mistake was made, such as an organ being damaged or cut during surgery, and this was not deemed an inherent risk, it could be said that the medical practitioner has breached their duty because this has fallen below the standard of care that is expected. And this breach of duty is imperative for any minor surgery injury claims to be successful.

Different Types Of Minor Surgery Error Claims

There are different types of minor surgery claims. However, they tend to fall into the following four categories: gross negligence, vicarious liability, comparative negligence, and contributory negligence. So, let’s take a look at each one in further detail.

• Contributory Negligence refers to incidents where the claimant is deemed partly responsible, yet the medical professional is also at fault. You may have, for example, failed to act or acted in a manner that contributed to the injury. In such cases, the compensation for surgical errors will typically be lower to reflect your involvement.
• Comparative Negligence: Again, the victim will share the blame in such cases. Most of the time, the balance of blame between the victim of the injury and the health care professional will be determined during a court case. A payout will then be awarded based on this.

Further examples

• Vicarious Liability refers to surgical negligence cases where a payout is claimed against the organisation that operates the hospital and manages the surgeon. This means that rather than claiming an individual surgeon, you may make a claim against a private hospital or, indeed, the NHS.
• Gross Negligence: Last but not least, we have gross negligence, which is the most serious out of the four categories. This relates to personal injury cases whereby the medical practitioner has completely disregarded the health of the patient. It is vital to note that there is a duty placed upon all medical practitioners by law to ensure any patient’s health is a high priority. In such circumstances, the medical practitioner will have failed in their duty. If the medical practitioner is deemed to have acted negligently, they will likely lose their license.

Don’t worry if you are unsure regarding what category your medical surgical procedure injury fits into. We can help you to determine this during your free consultation.

Long Term Impact Of Minor Surgical Errors

When determining how much medical compensation you will receive, the long-term impact of the surgical error will be considered. Surgical error injuries can range in severity dramatically. Some people will recover within a matter of weeks or months, whereas others can be left with lifelong consequences. These are significant considerations when determining the payout you receive for your minor surgery injury claims. It is also important to note that the psychological impact of what has happened will be factored in.

What Could Your Minor Surgery Claim Include?

If you want to claim minor surgery errors, you should be allowed to claim two compensation types. The first is general damages, and this is designed to compensate you for your injuries and help you through the recovery process. It is vital to note that this refers to both physical and psychological injuries. However, you can also claim for special damages, with prime examples including care. At the same time, you recover treatment expenses, prescription costs, loss of earnings, hospital visits and parking, travel expenses and childcare costs. These are out of pocket expenses you have incurred because of your injuries, and you can often claim for them so long as you have proof, i.e. receipts and any other relevant documents.

Time Limited On Surgical Error Claims

Many people end up missing out on compensation because they have left it too long to make a claim. There is a three-year time limit on all claims, and this begins from the date of the accident. Three years may seem like a really long time, but court proceedings must be issued within this time frame, so there is no time to wait.

This applies to cases whereby the person who suffers an injury is over the age of 18-years-old. However, if the person was a child when they suffer an injury, they have up until the age of 21-years-old to make a surgery error compensation claim.

Minor Surgery Claims Calculator

Personal injury compensation; how much could I receive? This is a question we often hear. It is important to understand that personal injury compensation amounts vary on an entirely individual basis. This means that we assess your case on its own merits, and you receive the right amount focusing on your situation. Because of this, it is just not possible to give you a 100% accurate compensation figure beforehand. You might be thinking, “I used a negligence compensation calculator, and it said I would receive ‘X amount.” Any personal injury claims calculator will only ever provide you with a very brief estimate, so it is vital not to pin any of your expectations on this.

It could even be that you receive more. This does not mean that you cannot get an understanding of your payout amount, though. The illustration below looks at the average payout amounts for cases relating to minor surgery mistakes. This should help give you some understanding of what you may receive once you discover how to claim.

Hopefully, you now have a better understanding of the level of compensation for minor surgery claims. However, if you cannot find your injury in the table above, there is no need to fret. You can still make minor surgery injury claims. All you need to do is give us a call, and we can explain the average payout in further detail once we know what has happened to you.

Making A Minor Surgery Error Claim

There are some important tips and steps to take to make a successful personal injury claim. This includes the following:

• Claim as soon as possible – Not only is there a three-year personal injury claims time limit, but it’s easier to claim sooner. This is because it’s easier to gather crucial evidence such as witness statements, and the details will be fresh.
• Take photographs of your injury.
• Gather contact details – Try and get the contact information of any witnesses.
• Make a note of everything that happens – It is a good idea to jot down everything in as much detail as possible. You are likely to forget something later down the line. And you never know what could be important to the case.
• Report the incident to the hospital
• Contact Legal Expert – To have a good chance of getting full compensation, you need a quality law firm in your corner. Legal Expert is that law company. We have an abundance of experience and an incredible reputation in the industry. All of our panel of solicitors work on a No Win No Fee basis as well. This means you will only need to pay legal fees if your case is a success.

No Win No Fee Minor Surgery Claims

With a No Win No Fee solicitor, you only pay legal fees if your case succeeds. All these claims are No Win No Fee at Legal Expert, so let’s take a look at the benefits of this.

• Eliminating monetary risk – This is the main reason why so many people opt for a No Win No Fee claim. If your case isn’t successful, you don’t pay any legal fees. This is beneficial because most people cannot afford the risk of investing significant sums of money only to lose.
• No large upfront payment is necessary to start your claim – This is beneficial for those who don’t have the cash available to fund the large initial costs. Instead, you don’t need to make an enormous upfront payment to begin the minor surgery injury claims process.
• A guarantee of better service – These two benefits come together to ensure that you experience a service of exceptional quality. This is because the personal injury lawyer must work as hard as possible to win your case. After all, the outcome of the case impacts the amount of money they receive. Basically, it ensures they are accountable.

Why You Ought to Make Your Claim With Us?

The only thing you need now is a quality law firm that can fight your corner. Luckily, you don’t need to search for it. Legal Expert is one of the leading personal injury claims companies in the whole of the UK. Looking at our reviews online, you will see that we have an exceptional reputation in this industry. This is based on decades of experience in successfully helping thousands of victims to get compensation. Will you be next?

All of our solicitors work to a No Win No Fee payment agreement. So, this means you will only pay legal fees if we successfully secure compensation for you. Therefore, you can be sure of great service as well as monetary protection. We always put you, the customers, first, too. And we have an excellent track record for securing the highest payout amounts.

Speak To Legal Expert Today

If you would like more information on securing compensation for minor surgery claims or are ready to get going, you can get in touch with Legal Expert today. We are open seven days a week, from 9.00 a.m. until 9.00 p.m. So, you can give us a call whenever convenient for you. Our contact number to discuss minor surgery injury claims is 0800 073 8804. We also have a live chat feature, and you can ask for a free callback if you prefer. To see our contact details in full, click here.

Resources And Useful Links

We hope this guide is useful. However, if you still need further information, the links below may be of assistance.

Medical Claims– This leads to our guide on clinical and medical negligence claims and making claims due to mistakes made by medical professionals.

All about surgery– This leads you to the NHS site, where you should be able to find information about having surgery. This includes details on the day of the operation, seeing a specialist, details before the surgery and afterwards.

Minor Surgery Injury Claims FAQs

How long after surgery can you claim?

You can claim up to 3 years after the surgery in which to make a claim.

How much compensation do you get for a soft tissue injury?

You could receive anything from £2,600 to £36,000, depending on the severity of the injury.

Can you sue if an operation goes wrong?

Yes, there would be grounds for you to claim if your operation has a poor outcome.

Can I claim for nerve damage after surgery?

Yes, especially if the nerve damage comes from out of nowhere purely due to the surgery.

Should I accept the first offer of compensation?

No, because you’re probably going to receive some larger offers later on.

What is fair compensation for pain and suffering?

This is around 80% of what the claimant is asking for as part of their case.

What are the 4 types of negligence?

These are gross, contributory, comparative and vicarious negligence.

How long does it take for me to receive compensation?

The victim should receive their settlement within 28 days.

Thank you for reading our minor surgery injury claims guide.

Serving as a Reservist in the army can put you at risk of suffering a territorial army or reservist accident potentially leaving you with life changing injuries. If you sustained an injury whether during a military exercise or while on active duty, a Legal Expert personal injury solicitor can work with you on a No Win No Fee basis.

Military personnel whether serving in the regular army or as a reservist are constantly at risk of suffering a territorial army or reservist accident even though the Army does everything in their power to keep their soldiers safe. An accident may happen during a military exercise, whilst training or when you are on active duty. If you suffered an injury that left you damaged both psychologically and physically, you could be entitled to file an army injury compensation claim.

To find out more about an armed forces compensation scheme and how Legal Expert can help you file a claim, please click on the Select a Section below.

Select A Section

• A Guide To Territorial Army Or Reservist Accident Claims
• What Are Territorial Army Or Army Reservist Accidents?
• Can You Claim Compensation If Injured On Active Service?
• What Should You Do If Injured In The TA Or Army Reserves?
• How To Start A Reservist Or Territorial Army Injury Compensation Claim?
• Should I Use The Armed Forces Compensation Scheme?
• What Types Of Accident Can Happen In The Army Reserve Or Territorial Army?
• Territorial Army Soldier Injury Compensation Case Study
• What Can Be Claimed For After Suffering An Injury In The TA or Army Reserves?
• How Much Compensation Could I Get For An Accident Or Injury In The Army Reserves
• No Win No Fee Territorial Army Or Reservist Accident Claims
• Why Make A TA Or Reservist Injury Claim With Us
• Start Your Claim By Calling Us For Free
• Helpful Links And Resources

A Guide To Territorial Army Or Reservist Accident Claims

Territorial army/reservist accident

Military accidents happen even though the Army does everything in their power to keep military personnel safe both during training exercises and when they are on active duty. There are several more commonly reported incidents where soldiers are left injured, whether it involves a road traffic accident with military vehicles, a helicopter accident or post traumatic stress disorder to name but three.

Injured soldiers and reservists can claim compensation for their injuries through the armed forces compensation scheme and they can also file for compensation through a civil court. There is a difference in military and territorial army injury claims in that when military personnel are injured whether during exercises or on active duty and they file a claim through the armed forces compensation scheme (AFCS), they do not have to prove the accident was caused by a third party because it is a “no-fault” structure. All that is needed is for injured military personnel to file a military compensation claim form.

At Legal Expert, we have years of experience in handling successful territorial army & reservist accident claims for clients in the past. A personal injury lawyer can walk you through the process providing essential advice on what information and documents is needed for a claim to be started on a No Win No Fee basis when it comes to a territorial army or reservist accident.

What Are Territorial Army Or Army Reservist Accidents?

An Army Reservist or anyone who serves in the Territorial Army (TA) can be called to serve in any operations whether abroad or in the UK and their duty may last up to 12 months. This means they could well find themselves facing the same sort of dangers that a person serving in the Regular Army has to face.

All soldiers and this includes reservists must be protected as far as reasonably possible by the Army when they are on active duty. In short, a soldier’s health and safety must be protected and this includes if you are a reservist. Everyone who serves on active duty whether as a reservist or regular soldier must be given full training and the right equipment to suit a specific purpose.

Should anyone suffer a territorial army or reservist accident or contract an illness during a tour of service whether they are a reservist or someone who normally serves in the Territorial Army, they could be entitled to file an army injury claim. A personal injury lawyer can assess your case to establish whether you can file a claim and receive the level of compensation you rightly deserve for any pain and suffering you had to endure all the while respecting the personal injury claims time limit that may be associated to your specific case.

Can You Claim Compensation If Injured On Active Service?

Whether you joined the Territorial Army (TA) or you are a reservist and you suffered an illness or a territorial army or reservist accident whilst carrying out your duties, you could be entitled to claim compensation. You may have sustained an injury while serving in the UK or abroad, and the incident may have occurred during exercises. However, you may have suffered an injury as a result of the following:

• While parachuting
• Mountaineering
• Abseiling
• A road traffic accident which involved military vehicles
• Faulty equipment
• Faulty weapons

It is worth noting that although the Army does everything in their power to keep you safe during training exercises and whilst you are on active duty, a territorial army or reservist accident could and does happen. Circumstances can leave you injured both physically and psychologically and if this is the case, you could be entitled to compensation providing it can be proved the accident occurred through no fault of your own.

At Legal Expert, we can assess your case before advising you on whether you could claim compensation for the injuries you sustained. A personal injury solicitor would then offer legal advice on whether you could receive armed forces compensation.

We provide a free, initial consultation which allows you to ask questions regarding your claim. There is no obligation to work with us following this initial consultation.

What Should You Do If Injured In The TA Or Army Reserves?

If you feel you could be entitled to compensation following a territorial army or reservist accident that left you injured when serving as a reservist or in the Territorial Army, there are certain things you should do which would strengthen your claim which are detailed below:

• Make a note of the circumstances surrounding territorial army or reservist accident – having notes to fall back on will help strengthen your case and writing everything down while the events are fresh in your mind means nothing will be left out
• Medical examination – seeking medical attention following an accident is essential and the medical report on the severity of any injuries you sustained, the required treatment and recovery time would help establish the amount of army injury compensation you may be awarded
• Witness statements – it is very important to collect witness statements following a territorial army or reservist accident that left you injured This must include names and contact details of anyone who witnessed the incident. Witness statements are needed because they go a long way in strengthening military and territorial army injury claims
• Expenses – you should keep all records of any expenses you incurred as a result of your injuries. This could include travel costs to and from a hospital for treatments, the cost of prescriptions, the cost of counselling should you need it, care and child costs
• Photos – having photographic evidence is also important because it provides proof of your injuries, the circumstances surrounding the accident all of which help support military and territorial army injury claims

How To Start A Reservist Or Territorial Army Injury Compensation Claim?

Anyone who is injured while serving as a reservist or in the Territorial Army could be entitled to compensation if it can be proved the accident occurred through no fault of their own. If you need advice on how to start your claim, we have extensive experience in working with people when it comes to establishing liability and making territorial army & reservist accident claims. If you feel you may be entitled to compensation, we can help you through the process and offer a no obligation, free, initial consultation to get things started. We would also be in a position to recommend a local medical professional free of charge should you need to be examined by an independent doctor.

Choosing to work with one of our personal injury solicitors on a No Win No Fee basis, allows us to begin work on your claim without having to ask for any upfront or ongoing fees. You would only need to pay when a court rules in your favour and we would take the agreed fee directly from the amount you are awarded. Should your case be unsuccessful, there would be nothing to pay.

Should I Use The Armed Forces Compensation Scheme?

Many people ask us about the army compensation scheme, which is something the government set up in 2005. It was introduced for men and women who suffer injuries while in the line of duty. The scheme is open to all military personnel which includes reservists in the UK.

It is worth noting that the armed forces compensation scheme (AFCS) is a “no-fault” structure which in short means that should you be injured while in the line of duty, you would not have to that the incident was caused by someone else. You can also file a claim against the MOD even if you make a claim against the AFCS. You would need to complete a military compensation claim form in order to get the process started.

What Types Of Accident Can Happen In The Army Reserve Or Territorial Army?

Serving in the military whether in the regular army, as a reservist or in the Territorial Army is not without its risks. There are certain injuries that are more commonly reported than others and this includes the following:

Non-freezing cold injury

Otherwise known as an NFCI, if suffered a non-freezing cold injury while serving on active duty with the MOD, you could be entitled to file a personal injury civil claim for compensation.

Post-traumatic stress disorder (PTSD)

PSTD is an anxiety disorder that many military personnel suffer as a result of being exposed to frightening, stressful situations while on active duty and where they engage in combat. Suffering PSTD can entitle you to claim army reserve injury compensation.

Brain injury

Anyone who sustains a brain injury while they are serving in the army as well as the RAF or navy, could be entitled to compensation. This applies to loved ones who were injured while serving.

Hearing loss

Hearing loss occurs due to excessive exposure to loud noises while serving in the military. Should your hearing have been negatively impacted while you were on active duty or when you were taking part in military exercises, you could be entitled to file an army injury compensation claim.

Illness or disease

Should you have developed a disease or an illness while in the army due to being in a poorer environment, you may be entitled to file for compensation and the same applies to a loved one who suffers an illness or disease while serving in the military.

Faulty Equipment/weapons

Anyone who serves in the military who suffers an injury as a result of faulty equipment/weapons, could be entitled to file for compensation for their pain and suffering following a territorial army or reservist accident

Road traffic accident involving military vehicles

If you suffered an injury as a result of a road traffic accident involving military vehicles, you may be entitled to file for compensation.

Helicopter accidents

There is a risk of being injured when travelling on a helicopter while serving in the military and if you do sustain an injury, you may be entitled to lodge a claim for compensation.

Territorial Army Soldier Injury Compensation Case Study

A recent case study on a serviceman who was serving in the Territorial Army which is now referred to as Army Reserve, was accused by the MOD of exaggerating the injuries he sustained. However, a firm of personal injury solicitors succeeded in securing a multi-million pound settlement for him having proved the injuries he suffered were life-changing. The Ministry of Defence therefore had to agree to the payout as it was proved the accident could have been avoided.

The young reservist suffered injuries from which he would never recover and which would leave him having to deal with internal injuries, chronic pain, permanent scarring and unable to walk unaided for the rest of his life.

This military accident happened in 2012 during a training exercise where live rounds were being used. The young reservist had been ordered to sleep in poor conditions in a dark, damp, small container with several other military personnel. He was ordered to remove his body armour but was allowed to hold onto a loaded weapon.

Later that night and with only a head torch, tired from the day’s strenuous exercises, the young reservist slipped and fell on the wet floor with his loaded rifle in his hands. The gun went off and the bullet fired passed through his stomach before exiting his back. He was given medical treatment for his injury but decided to contact a firm of personal injury lawyers to seek advice on whether he would be entitled to file an army injury claim.

Taking up his case, the firm of personal injury solicitors contacted the MOD who initially accepted responsibility for the incident. However, the Ministry of Defence then claimed the young reservist was exaggerating the extent of his injuries and that they were not “totally genuine”.

An expert in military accidents from the firm of solicitors argued his case and secured a multi-million settled from the MOD. The amount awarded would go towards adapting his home and would benefit the injured soldier by allowing him to have a state-of-the-art “knee, ankle and foot orthosis” which he would need for the remainder of his life.

This device that allows people who suffer dramatic injuries to walk again but it is not available through the National Health Service which in short means that without the right level of compensation, the young reservist’s life would have been drastically and negatively impacted.

It is worth noting that armed forces compensation scheme rates are based on the severity of an injury and how it negatively impacts a soldier’s life. If you sustain an armed forces injury and would like to know how we can help, an expert army accident personal injury solicitor can walk you through the process of filing a claim.

What Can Be Claimed For After Suffering An Injury In The TA or Army Reserves?

If you suffered an injury while serving as a reservist, you could be entitled to file for armed forces compensation. Discussing your case with a personal injury solicitor allows you to understand what is often a complex legal process. With this in mind, there are certain things that you can add to your territorial army or reservist accident claim which are detailed below:

• General damages
• Travel Expenses
• Medical expenses which includes any treatments that are not available on the NHS
• Loss of earnings
• Loss of anticipated earnings
• Care claim

To find out more and how a No Win No Fee structure takes all the financial pressure off you when it comes to receiving the right sort of legal advice and legal representation, please contact us today.

How Much Compensation Could I Get For An Accident Or Injury In The Army Reserves

The personal injury claim calculator provided below is based on the Judicial College guidelines on amounts awarded in successful claims in the past. It is worth bearing in mind that all military and territorial army injury claims are treated as unique and as such the amount you may be awarded may differ from the amounts shown below:

No Win No Fee Territorial Army Or Reservist Accident Claims

Working with a Legal Expert personal injury solicitor on a No Win No Fee basis when filing an army injury claim, takes the onus off having to find the funds to pay for legal advice and to have a firm of lawyers take up your case. Conditional Fee Agreements (CFA) were set in place so that anyone who suffers an injury receives legal representation when they need it which also covers a territorial army or reservist accident.

If you suffered a TA or reservist injury and need to know more about an armed forces compensation scheme, an expert personal injury solicitor is the best person to talk to when it comes to what is needed and how to go about filing a claim whether it’s against the MOD or in a civil court working on a No Win No Fee basis.

To find out more about how Legal Expert can help you with your claim, please contact us today for a free, no obligation consultation.

Why Make A TA Or Reservist Injury Claim With Us

Legal Expert is the UK’s Number 1 go to personal injury solicitors that offers free legal advice and we cover all legal categories including military and territorial army injury claims.

We are nationally recognised and regulated by The Law Society and the Solicitors Regulation Authority (SRA) being the top personal injury claims providers for military accidents.

We make it our goal to win your case whether in court or by negotiating with a defendant’s insurers. Our armed forces compensation scheme calculator helps you understand how much you may be awarded for the pain and suffering you had to endure.

Our free, no obligation consultation and our No Win No Fee structure, takes the pressure and hard work out of knowing if you have a case and finding the funds to pay for expert legal advice at a time when you need it most.

Our claims lines are open 7-days a week, Monday through till Friday from 9am to 9pm so a personal injury solicitor is available to take your call offering free legal advice regarding armed forces compensation.

Start Your Claim By Calling Us For Free

A personal injury solicitor is waiting to take your call with our claims lines being open from 9am to 9pm Monday through till Friday on 0800 073 8804.

By filling out the “call back” form, a personal injury lawyer will call you back as soon as possible.

If more convenient, you can email us at info@legalexpert.co.uk and we will get back to you within 3 hours from Monday to Friday.

Helpful Links And Resources

If you would like to find out even more about personal injury claims, our FAQs article is full of useful information.

The link below takes you the Government website that offers useful information on the Army Compensation Scheme:

Territorial Army and Reservist compensation

The link below takes you to the Government website where you will find all you need to know about armed forces compensation:

All you need to know about Territorial Army and Reservist compensation claims

Other Guides You Can Check Out

• £4,700 Compensation For A Pulled Muscle At Work Accident
• Back Injury While Pregnant At Work – Can I Claim Compensation?
• £50,000 Compensation For A Knee Injury At Work Claim
• The Department for Work and Pensions Accident At Work Claims Guide

By Lewis Cobain. Last Updated 3rd October 2024. Welcome to our guide on industrial deafness claims.

No matter where you work, your employer is required to take reasonable measures to provide a safe and healthy working environment and to reduce the risk of injury. If you have been diagnosed with industrial deafness and you believe your employer has not taken the required steps to prevent this from happening, you could be entitled to compensation.

However, you may be wondering what steps they are expected to take or how you can go about making such a claim. That is where we come in. At Legal Expert, we have years of experience in the personal claims industry, and we have handled many industrial deafness compensation claims.

You can call us on 0800 073 8804 for more information. But before you do so, read on to discover the most common issues and matters concerning these types of claims.

Select A Section

1. What Is Industrial Deafness?
2. Symptoms Of Industrial Deafness
3. Law Regarding Preventing Industrial Deafness In The Workplace
4. Liability For Industrial Deafness Claims
5. Industrial Deafness Claim Time Limit
6. Industrial Deafness Claims Procedure
7. Top Tips For Proving Industrial Hearing Loss
8. No Win No Fee Claims For Industrial Deafness
9. Claiming For Hearing Loss – Why Choose Legal Expert For Your Hearing Claims?
10. Contact Us Today
11. Useful Links

What Is Industrial Deafness?

So, what exactly is industrial deafness? Industrial deafness can also be described as noise-induced hearing loss or occupational deafness. This is a condition whereby hearing loss has been caused due to the working environment a person has been involved in. there are a number of different working environments that can cause occupational deafness, from farms to nightclubs.

There are also many different forms of hearing loss, from permanent to temporary, and many conditions, from acoustic shock syndrome to tinnitus, that can be caused. The main defining factor, though, is that it is the work environment that has caused this hearing loss or condition to happen.

Here are some examples of work environments whereby loud and/or continual noise is typical:

• Quarrying
• Mining
• Foundries
• Factories
• Engineering
• Construction
• Nightclubs
• Farming

Symptoms Of Industrial Deafness

There are a number of different symptoms that can be attributed to high levels of noise exposure within the workplace. And any of these could lead to industrial deafness compensation claims. This includes the following:

• Having to turn up the television or other forms of media to a high level to hear properly
• Complete lack of hearing in one ear or both ears
• Difficulty hearing in one ear or both ears
• Permanent or temporary lack of hearing

There are two hearing conditions, in particular, which should be elaborated on further because they tend to be attributed to industrial deafness, however, a lot of people do not immediately realise that this is the case.

• Acoustic trauma – This is a form of deafness that comes about at a rapid pace. It happens if someone is exposed to extremely loud noise, for example, a series of loud noises like gunshots at close ranges or an explosion.
• Tinnitus – This appears as continual droning, hissing, ticking, ringing or buzzing noises in your ears. This can also be caused due to loud noises.

If you’re diagnosed with industrial deafness following an incident or series of issues that weren’t your fault, it is worth seeking legal advice on whether you could potentially start an occupational deafness claim.

Law Regarding Preventing Industrial Deafness In The Workplace

All employers are required by law to provide a safe and healthy work environment. There are general work regulations in place that all business owners need to follow. Nevertheless, for some industries and environments, there are further regulations providing extra provisions regarding the health and safety of work environments. This is certainly the case for noisy work environments, as The Control of Noise at Work Regulations 2005 were implemented in an attempt to combat this.

This is an act that is designed to protect workers from having to suffer from high noise levels. It provides employers with instructions they need to follow to minimise the risk of this. No matter what industry you work in, if there is noise above 80 dB or consistent noise levels, your employer needs to provide adequate ear protection equipment and look for ways to lower noise levels.

One of the steps employers need to take to comply with these regulations is carrying out a thorough and complete work assessment so that they can assess the level of noise in the workplace and whom it impacts. They then need to put measures in place to lower the risks associated with the noise. Some of the measures they may use are as follows:

– Providing Personal Protective Equipment (PPE)

– Shortening working periods

– Installing barriers and absorbent materials

– Using quieter machinery

Your employer is also required to train you regarding the risks associated with noise in the workplace. They need to carry out regular monitoring and maintenance too. When an employer fails in any of these requirements, this is when industrial deafness compensation claims will be made.

Liability For Industrial Deafness Claims

Determining liability is not always easy, especially if your employer has put provisions in place but you are then trying to figure out whether they have been adequate. The actions of your employer need to be reasonably practical in regards to the level of risk. If you are unsure regarding liability, please do not hesitate to get in touch with us and we will be able to advise you further.

When it comes to industrial deafness claims, the case can be straightforward. This is because all employers are required to have employer’s liability insurance in place by law, which will cover such scenarios. In a lot of cases, claims are settled without having to go to court, and this is always our aim for our clients to ensure that everything is dealt with as swiftly as possible.

Industrial Deafness Claim Time Limit

As is the case with all personal injury cases, the hearing loss claim time limit is three years. In most personal injury cases, you will have three years from the date of the accident to make a claim.

However, pinpointing an accident date is generally very difficult with hearing loss, and, therefore, the industrial deafness claim time limit tends to be three years from the date of your diagnosis instead to make it fair.

We often get asked hearing loss claims how long does it take to get compensation? Every case is different, and so it is hard to give a definitive answer to this query. However, what we can tell you is that we always aim to succeed with your industrial deafness compensation claims as efficiently as possible.

Industrial Deafness Claims Procedure

You may be wondering what the industrial deafness claims procedure entails. We highly recommend that you carry out the following steps in order to make a claim. Gathering as much evidence as possible is critical for any personal injury claim, and industrial deafness claims are no different.

Visit a qualified medical professional, like a doctor

Not only is this important for your health so that you can get a correct diagnosis, but it is also imperative for your claim too. This is because the medical report that your doctor provides is used to decipher the payout you will receive. This report will state the extent of your hearing loss, your treatment, and the impact it is going to have on your life, and so it is vital in determining how much compensation you will be awarded.

Report the accident to your employer

It is important that you do this because all accidents and injuries need to be recorded in the workplace accident book – something all employers are required to have by law. This will help your case because it serves as official proof regarding what has happened to you.

Keep proof of any expenses you have incurred

When launching a claim for compensation, you do not only get to claim for any pain and suffering you have encountered, but you can also put in a claim for any costs you have had to fund because of what has happened to you. This could be a loss of earnings, childcare expenses, to costs of travelling to and from the hospital, hearing aid expenses, medical bills and so on. Make sure you record any out of pocket expenses and see that any treatments are logged on your medical records. If these treatments were costly, you can keep proof in the form of receipts and invoices of medical bills.

Contact Legal Expert

The last and most important step is to get in touch with our panel of specialist solicitors that has experience in hearing loss claims and can get you the compensation you deserve. That is where we come in to manage your industrial deafness compensation claims.

Top Tips For Proving Industrial Hearing Loss Claims

If negligence has caused you to suffer from industrial deafness, compensation amounts may vary depending on different factors. Without sufficient proof to back up your claims of negligence, you are likely to find it more difficult to make a successful claim. Gathering evidence is a vital step in the process.

Below, you’ll find a short of list of some examples of evidence you could gather.

• Inadequate ear protective equipment – Your employer is required to provide you with suitable ear protection if all other reasonable steps have been taken to protect your hearing and a risk is still present. However, the equipment you’re provided with must be suitable. If it isn’t, then your hearing could still be affected. Presenting the inadequate ear protection as evidence during your claim can be useful.
• Medical reports – Damage to your hearing can be a cumulative process rather than being caused by a single incident. Therefore, it may take a medical investigation months or years down the line to determine the cause of your hearing loss.
• Witness testimonies – Other employees at your current or former place of work may have also suffered from hearing loss due to their employer’s negligence. If so, they may be willing to submit a written statement to support your claim.

This is not a complete list, as there are other forms of proof that may also be useful. For more information on the evidence you can gather, you can get in touch with our team using the number above. Our advisors are waiting to answer any questions you may have such as whether you can claim government hearing loss compensation.

No Win No Fee Claims For Industrial Deafness

When it comes to making claims for industrial deafness, one of the main advantages that are associated with using Legal Expert is the fact that we only handle cases on a No Win No Fee basis.

What does this mean for your industrial deafness compensation claims? This is a payment structure whereby you will not need to pay any legal fees if your case is unsuccessful. This provides you with financial protection because it means you are only going to be paying for a winning service. You won’t find yourself in a position where you have a big legal bill but you do not have any compensation.

If your case is a success, which we are sure it will be, the legal fees will come from your payout. This will be a percentage that you and your solicitor have agreed on beforehand.

Therefore, you do not need to worry about where you are going to get the money to pay your solicitor. Not only this, but it means that those who feel they do not have enough money to claim can actually do so, as no upfront payment is necessary.

There are knock-on benefits too. After all, you know your solicitor is going to be working hard for you because he/she is accountable for the service they provide. This gives people great reassurance when using legal services.

Claiming For Hearing Loss – Why Choose Legal Expert For Your Hearing Claims?

You may be wondering which legal firm is best suited to handle your case. It is important to note that you don’t have to pick a personal injury lawyer that lives in your area. Our solicitors at Legal Expert offer a nationwide service, and we can give you the best possible chance of winning your claim.

Our personal injury lawyers have many years of experience in the legal sector. They have handled many successful claims in the past, and this includes hearing claims just like yours.

Furthermore, we aim to help you win the most compensation possible based on the circumstances surrounding your injury. If you get in touch, we can offer a valuation on how much you could potentially claim for industrial deafness.

Our solicitors at Legal Expert can make the claims process easier while reducing stress for you. To find out more about how out solicitors could help you when claiming for hearing loss, contact us today.

Contact Us Today

If you are reading to make a claim for industrial deafness compensation, or you have any further queries, be it about industrial hearing loss government compensation or you would like some hearing loss claims reviews, we would be more than happy to assist you in any manner we can.

You can reach our claims team to discuss your potential industrial deafness compensation claims by calling 0800 073 8804. You can also reach us through various methods online if you prefer. This includes email, live chat, and our contact form.

Useful Links

We hope that you have found this guide helpful on your quest to locate further information on industrial hearing loss claims. However, if you are looking for more information, you may find the links below helpful.

Hearing Losses – NHS

This link will take you to the NHS page on hearing loss so you can find out more about the condition, including symptoms, treatment, living with hearing loss, and much more.

Government’s hearing loss information

This is a government publication on noise-induced hearing loss, which is helpful for those seeking information on UK industrial hearing loss government compensation.

Health and safety at work statistics overview

Check out this page on the Health and Safety Executive (HSE) to get access to all the different work safety and accident statistics published by the organisation.

Below, you can find lots of guides on claiming compensation for a workplace accident:

• How to claim for a minor injury at work
• 10 things to know about accident at work claims
• What to do if injured from work activities
• Firefighter accident at work claims
• Agency worker accident at work claims
• Night shift accidents
• Emergency service worker accidents
• Part-time worker accidents
• Accidents caused by inadequate protective equipment
• Paralysis injury claims
• Work accidents caused by tools
• Office accident claims
• Injuries caused by dangerous machinery at work
• Workplace accident claims
• Can you make an injury claim against a colleague?
• Agency worker accident claims
• Forklift truck accidents
• Can I be sacked for making a workplace accident claim?
• Do I get sick pay after an accident at work?
• Steps to take when injured at work
• Manual handling claims
• One person and two-person lifting and handling cases
• How to claim for a ladder accident
• How to get compensation for a cut finger at work
• Scaffolding accident claims
• Warehouse accident claims
• Defective work equipment cases
• Our accident at work claims FAQs page

Industrial Deafness Compensation Claims FAQs

How long does an industrial deafness claim take?

The claims process for cases of this nature generally lasts between 6-12 months from start to finish.

Who pays for industrial deafness claims?

The employers have a legal requirement to be liable for payment if the claim results in a settlement.

How do you know if you have industrial deafness?

Typical symptoms include not hearing part or all of a sentence, not hearing speech with background noise, ringing, droning, buzzing, ticking, roaring and hissing.

What causes industrial deafness?

Loud noises at work due to the repetition of exposure, or a sudden noise of great volume like an explosion, could cause industrial deafness.

What does going deaf feel like?

Sometimes a loud “pop” is audible beforehand, as well as dizziness, ear fullness and ringing (potentially Tinnitus).

How is industrial deafness treated?

Usually, general medication or surgical medical procedures handle industrial deafness, though hearing aids can also help greatly.

What are the four levels of deafness?

These are mild, moderate, severe and profound.

What does a 40 dB hearing loss mean?

A 40-60 decibel (dB) level of hearing loss means moderate deafness that prevents the victim fully understanding speech. As a result, things like the TV and radio have to be set at a higher volume.

Thank you for reading our guide about industrial deafness claims.

A guide to Scottish cycle accident claims

By Mark Ainsdale. Last updated 27th July 2021. Welcome to our guide to cycling accident claims in Scotland. Each day, across the country millions of people put in a cycle helmet, get on their bike and hit the road. They could be cycling as a means to commute to work, whilst on the school run, for exercise, or a pleasurable way to spend some leisure time. Whatever your reason for cycling, the last thing you expect is to be injured in an accident. However, sometimes accidents do happen and people are injured whilst cycling in Scotland. If you do need to make a cycling accident claim Scotland, you want to know that you have the best team behind you to do so.

Owing to their much smaller relative size and lack of protection compared to other road users, cyclists are much more vulnerable to accidents and injury. They are exposed to the elements and to being injured as a result of the actions of another road user.

Drivers often forget to pay due care and attention to cyclists, failing to take the necessary care when around them. Cyclists are, unfortunately, too regular an occurrence on Scotland’s road network with 564 cyclists suffering an injury in 2019 (according to Transport Scotland). Whilst many cyclists often don’t think that they are not entitled to make a compensation claim, they are protected by the same laws as other road users. Read on for further information about cycling accident claims in Scotland.

Vulnerability:

Whilst you might have made every effort to protect yourself as a cyclist, you are still vulnerable to being knocked off your bike and suffering an injury. Whilst you may wear protective clothing such as a helmet, reflective clothing, and padding, as a cyclist you still have a much higher risk of injury if involved in an accident., compared to other road users.

Injuries:

Cycling injuries can range from a few cuts and bruises to a severe brain or spinal injuries, or even death.

If you have been injured as a result of a cycling accident in Scotland don’t despair. Remember, you are not limited to using local solicitors for cycling accident claims in Scotland. We can help with a variety of cycling accident compensation claims, getting people the compensation they deserve. And we cover how you can reduce legal expenses as your case progresses.

Contact our personal injury solicitors today on 0800 073 8804. And read on for more information about how to receive compensation.

Select a section

• Common Cycle Accidents and Injuries
• Safety and Cycling accidents statistics Scotland
• Knocked off your bike? Safety tips
• Additional risks and cycling rules Scotland
• Cycling accident claims in Scotland, what else do you need to know
• Hit and run cycling accident claim Scotland
• Can I claim if I was hit by an uninsured driver?
• What can my cycling accident claim include?
• Examples of injury claim settlements
• How to claim for a cycling injury in Edinburgh or the rest of Scotland
• No win no fee cycle accident claims in Scotland
• Why choose Legal Expert for your claim?
• Useful links

Common cycle accidents and injuries

Cycling Accident Claims In Scotland

What common injuries could be included in cycling accident claims in Scotland? Whilst the circumstances of each accident and injury is unique to the individual, there are some circumstances and injuries which cycling accident lawyers will see again and again. This is because as a cyclist you are much more exposed and vulnerable than other road users.

If you have been knocked off your bike and injured, it could have been because a motorist did not see you and pulled out in front of you, because a person opened their door into you or because you were cut-up at a junction of some kind. Cycling accidents statistics for Scotland (as produced by the Scottish government) show that there were eight cycling fatalities in 2015.

Examples

Whilst we can see from the above report and others that there could be many different things which lead to a cycling accident, the same causes will crop up again and again. Some of the most common forms of pushbike accident compensation claims in Scotland include;

• Accidents at junctions and roundabouts, including people failing to signal correctly or cutting up a cyclist.
• Accidents in filtering traffic.
• Negligent actions on the part of a motorist or other road user.
• Accidents and injuries caused by poor road surfaces (e.g. potholes and other damage to the road surface).
• Spills of liquids, diesel spills are the most common of these.
• Group riding accidents.

Common claims also sadly include bike accident compensation claims in Scotland for people hit by either uninsured drivers or by drivers who fail to stop (hit and run incidents).

Whilst most road users do not intend to cause an accident, they can and do happen. If the accident and resulting injuries were the fault of someone other than you (the claimant) you can claim compensation from them. Our team has the expertise and experience to investigate and conduct a range of different road accident claims in Scotland involving cyclists. Continue reading to see how to claim, and how to file cycling accident claims in Scotland in particular.

Safety and cycling accident statistics, Scotland

The report by the Scottish Government which we referred to earlier showed that the overall number of cycling accidents records across the country is decreasing, though sadly there were still cycling fatalities in Scotland. Whilst the number of people who suffered a fatal injury has fallen, there has been a slight increase in the overall number of serious cycling accidents. In 2015 there were around 900 serious injuries which was a slight increase (0.5%) on the previous years’ figures. We can see that this decreased to just 564 by 2019.

In 2015 a map showing hotspots for bike accidents in Scotland was produced using data from injuries reported to Transport Scotland. This information and the experience of cycling accident lawyers covering Scottish claims show that accidents are concentrated in areas such as the cities and more urban locations with Glasgow and Edinburgh had the highest number of cycling accidents and most fatalities. At the opposite end of the scale, the Highlands had the fewest accidents.

Other statistics

Figures also show that cyclists account for around 1% of traffic on the Scottish road network, but are involved in 8% of road accidents (and a similar number of road accident claims in Scotland). Most of the cycling accidents happened between at rush hour when people are commuting and the late evening through to early morning (9pm – 6am) were the safest times to cycle.

The most common reason cited for accidents involving cyclists was motorists failing to pay due care and attention at a junction. This accounted for 13% of all accidents involving a cyclist. In contrast to this, poor road conditions accounted for only 1% of all accidents involving a cyclist. Studies have also found that the age group most likely to have a cycling accident are those aged 30 – 50.

Knocked off your bike? Safety tips

When making cycling accident claims in Scotland it is important that you have followed the rules of the road. Most cycling accidents and the most common form of cycling accident claim in Scotland that solicitors see are those which happen on main roads in built-up areas. Whilst most cyclists follow common health and safety advice, such as wearing a cycle helmet and wearing reflective clothing when cycling at night. However, there are other things which you should consider in order to stay safe on the road. Things you should consider include;

• Being aware of other road users as well as pedestrians when close to pedestrian crossings.
• Making sure that you can always be seen. Wear brighter and reflective clothing at night.
• Ensure that you have working cycling lights and reflectors.
• Know and follow the Highway Code. Do not jump red or amber lights and only cycle on the road or in designed cycle lanes/ paths. There are specific examples of cycle law Scotland covering when and if you can cycle on the pavement. To be safe avoid the pavement wherever possible.
• Finally, and as a reminder, always make sure that your helmet fits properly to give you the best possible protection against head injuries.

Further details

Whether you are an adult cycling alone, a parent cycling with your children or as part of a group, taking the following steps.

• Check your brakes on a regular basis to ensure that they can safely stop you in any weather conditions.
• Clean and oil parts such as your bike chain to ensure it works smoothly.
• Check all nuts and bolts, make sure they are tight.
• Make sure that your lights are working properly, carry a spare battery and clean any reflectors. These points are especially important in winter when the commute to work or home could both be in the dark.

You can find further safety advice and tips at the cycling section of the Royal Society for the Prevention of Accidents.

Additional risks and cycling rules for Scotland

As we have seen there are many different factors that come into play in causing cycling accidents. Some additional risks which cyclists can face include cycling as part of a group. Groups of cyclists bunched together can leave little room for other road users (such as motorists) to pass by without hitting them. Cyclists can also face risks out on rural roads where the speed limits are higher. Whilst fewer overall accidents happen in rural areas, around half of fatalities do so. Children also face additional risks with around 25% of fatalities or serious injuries being to children.

In addition, cycling rules Scotland do not allow for people to cycle on the pavement as they can sometimes do in other parts of the UK. You can find further information on cycling law Scotland in this PDF from the Scottish Parliament.

Cycling accident claims in Scotland, what else do you need to know?

If you have been injured in a bike accident in Scotland and need to make a cycling accident claim Scotland, there are steps that you need to take in order for you to be able to make a successful compensation claim.

If you have been involved in an accident with a motor vehicle you should follow the steps below.

• Move away from the road to a safer area such as pavement or verge.
• Try to stay as calm as possible and call for medical attention (ambulance etc) if necessary.
• If you are injured or if you think the other motorist has committed an offense, you should report the incident to Police Scotland within 24 hours.
• In an emergency, such as a serious injury or if the road cannot be cleared, dial 999.
• The driver of the other vehicle is required by law to provide their name, address, and details of the vehicle’s owner (if different).
• In the event of a hit-and-run accident, try to record the vehicle’s registration number (or numbers if more than one are involved).

Further Details

If you have been injured on the road in Scotland you will need to satisfy the following two criteria to be able to make a successful compensation claim under Scottish law.

Firstly, you must be able to prove that you (the cyclist) were entitled to expect that other road users were paying due care and attention and that they would not do anything which they could reasonably see as to cause you harm. In the context of a road traffic accident, this is generally easy to demonstrate as all road users should pay due care and attention to others.

Secondly, you (the claimant) need to demonstrate that the other road user failed to observe the duty of care that they owed to you as a fellow road user, and that this negligence or other failures in their duty of care led to the accident and resulting injuries.

This second criteria can be more difficult to prove and in order to do so, the solicitor which we can provide you with will need to use supporting evidence to do so. They will use information about the accident itself, the circumstances leading to it and witness or photographic information to support the second part of the criteria. Having had an independent medical examination, this report will also serve to support your case.

Hit and run cycling accident claim, Scotland

If you have been involved in a hit and run accident you can still make a compensation claim, even if the motorist is never found. The MIB or Motor Insurers Bureau Untraced Drivers Agreement means that the victim of an accident can seek compensation through the bureau itself. The MIB will investigate the compensation claim and work with your solicitor to determine an adequate level of compensation. We can provide solicitors who can help you through this process.

Time limits do apply to hit and run accident claims in Scotland, as with all personal injury claims made in the UK. The claim must be submitted within three years and any claims for damage to your property must be made within nine months of the incident.

If you have been involved in a hit and run accident you should report this to the police within a maximum of 14 days unless your personal property (such as a bike) was also damaged. If so, you must report the incident within five days.

Can I claim if I was hit by an uninsured driver?

The simple answer to this all too common question is yes. In the same way that you can bring a compensation claim if you were involved in a hit and run accident, you can still make a cycling accident claim in Scotland even if the motorist did not stop.

In compensation cases where the motorist is not insured, the cyclist can recover damages through the Motor Insurers Bureau, commonly known as the MIB. We can help you through this process to get the compensation settlement that you deserve. This will allow you to make successful cycling accident claims in Scotland.

What can my cycling accident claim include?

You can make a cycling accident compensation claim after an accident if you were not at fault in the accident. Your compensation claim can include claims for a variety of different things. These include;

• Medical expenses such as any out of pocket medical bills, treatment, hospital expenses or the cost of any rehabilitation you had to go through.
• Any loss of earnings that you have suffered. If you have had to take unpaid leave from work or have seen your income affected in other ways, you could be able to claim for these losses.
• Damage to personal property, such as your bike and any other property.
• Known or anticipated future expenses which you will need to meet as a result of the accident and your injuries. This could include future adaptations to your home or anticipated medical costs.
• The cost of any palliative care and assisted care, such as home help.
• General pain and suffering as well as any loss of enjoyment in your life.

Depending on the circumstances of your accident, you may still be able to make a compensation claim if you were partially responsible for the accident happening. However, compensation settlements will be lower in these cases.

Examples of injury claims settlements

How much could you be awarded for cycling accident claims in Scotland? In the table below we have included data on some of the most common injuries that you might suffer in a cycling accident, as well as the amount of compensation that you may be able to claim for these.

Our table has been updated with the latest figures from the JC Guidelines for claims In England and wales. Settlements for bike accidents in Scotland may vary.

How to claim for a cycling injury in Edinburgh, or the rest of Scotland

If you have suffered a cycling accident in Scotland you need to bring your claim to the Scottish courts. This is because both personal injury and cycle law Scotland are different than in the rest of the UK and because in general, claims need to be made in the same jurisdiction that they happened. The best way to do so is to work with the best bicycle claims lawyers in Edinburgh, Glasgow or wherever you are based in Scotland. You can find further information about making a cycling accident claim here.

No win no fee cycle accident claims in Scotland

How do you fund cycling accident claims in Scotland? At Legal Expert, we can help you to make No Win No Fee accident claims (Scotland) via a conditional fee agreement. More commonly known as a No Win No Fee agreement this is a type of contract often offered by personal injury lawyers and solicitors to clients. It means that your solicitor will take on your case and start working with you without asking for any initial payments or fees. The agreement will also set out what work the solicitor will do, and when as well as how they will be paid.

Typically the agreement will state that the solicitor will only be paid if the claim is successful and that their fee will be deducted from the final settlement. If the claim is not successful, the solicitor will not charge for their services. The agreement means that whatever happens with your case, you will never be left out of pocket.

No Win No Fee agreements have helped large numbers of people across the country to be able to recover the compensation they are owed without having the worry of large legal bills that they may not be able to meet. You can contact our team today to start your no win, no fee accident claim.

Why choose Legal Expert for your claim

If you are ready to make a cycling accident claim in Scotland, or if you need further information and advice about the best way to go about making a successful No Win No Fee accident claims, Edinburgh, Glasgow or in the rest of the country, contact Legal Expert today. Our dedicated team can listen to the details of your case. And we can help to find the right No Win No Fee lawyers in Scotland for your claim.

To learn more about cycling accident claims in Scotland, call us on 0800 073 8804. You can also fill in the contact form on this page. Or you can send us the outline of your case in an email at info@legalexpert.co.uk. Don’t delay, contact us to start your claim today.

Useful links

Police Scotland cycling safety
Advice cycling safety, maintenance tips and what to do after an accident according to Police Scotland.

Cycling law Scotland
Information from the Scottish Government about cycling in Scotland.

NHS cycling safety report
A cycling safety report from the UK’s National Health Service

Personal injury claims in Scotland
Information, advice and tips on how to make a successful personal injury compensation claim in Scotland.

Further Helpful Claims Guides

• Glasgow Personal Injury Solicitors
• Scotland Accident Claims Guide
• Car Accident Claims Scotland Guide
• Accident At Work Claim Scotland Guide
• Glasgow International Airport Accident Claims Guide

Cyclists’ Highway Code

When cycling in Scotland (or any part of the UK) you should follow the Highway Code. Unless otherwise directed by signage, it is against cycling law Scotland for cyclists to:

• Jump a red light.
• Ride on the pavement or across a pedestrian crossing.
• Ride the wrong way on a one-way street

Traffic lights, signs and signals

Cyclists must follow all traffic signals, lights and signs. Cyclists must also not cross a stop line at a junction if the lights show red. Some junctions do have a box for cyclists to wait in which is past the stop line for cars.

Following cycling routes

Cyclists should use the following facilities unless it is not safe for them to do so.

• They should follow the designated cycle routes.
• Cyclists should use specified cycle boxes at junctions.

Cycling tracks and pavements

Cyclists should not mount or ride on the pavement. However, cyclists should keep to any designated cycling tracks. When riding on a cycle track you must stay in the cycling track and not cross into the pedestrian footpath. Riders using cycling tracks should be ready to slow down or stop if necessary.

Safety Lights

There are rules courtesy of the Highway Code when riding at night. So, you should have a white light at the front and red light at the rear of your bike. You should also have a red reflector at the rear of your bike.

Cycling Accident Claims In Scotland FAQs

What should I do after a cycling accident?

You should take the driver’s name, address and registration details, along with other information about the car. Then, you should gather any witness statements and CCTV footage, as well as informing the police. At that point, you should contact a personal injury lawyer about a potential claim.

What happens if a cyclist causes an accident?

In this case, the cyclist needs to accept liability, though both drivers should still exchange insurance information.

Can a cyclist claim against a driver?

Yes, though liability could still be 50-50 depending on the nature of the collision.

What insurance covers a bike hitting a car?

Homeowner insurance for the cyclist generally cover situations such as this.

How long do I have to claim?

You can claim for up to 3 years after the date of the cycling accident.

When will I receive my first settlement offer?

This could come anytime after negotiations begin on a potential out-of-court settlement.

Do I have to accept the first offer?

No. In fact, we suggest declining the first offer because it’s very rarely the only offer.

What happens if I reject the first offer?

You should anticipate a larger follow-up offer, but you can’t accept that initial offer at a later date.

Thank you for reading our guide on cycling accident claims in Scotland.

Huge numbers of Brits flock to Magaluf every year in summer season in order to try and escape the British summer rain and get some much-needed sun and fun. However you feel about Magaluf, or whatever you have read about the resort, there’s no denying it is a tempting prospect, with prices relatively cheap and flights that are only a short time longer than a trip to the British seaside. While most trips to Magaluf, lead to problems that are only as minor as a touch of sunburn or a bad hangover, there are problems that can happen in Magaluf that cause injury or illness that are due to the fault of someone else. If you are unfortunate enough to be caught up in a situation like this, and you are ill or suffer injury abroad, what to do can be unclear. You might be one of the people who make the decision to pursue holiday accident claims in Magaluf in order for them to be compensated for their loss, both financial, physical and emotional.

In the guide below, we attempt to bring you answers to any question you may have about holiday accident claims in Magaluf, including taking you through how to report when something has happened to you, what sort of things may lead to holiday accident claims in Magaluf, and how to find a solicitor to help you pursue a case for compensation. This easy to navigate guide can direct you to the information you need quickly, simply click on one of the sections below to get started or read our guide in full – the choice is yours. While this guide deals specifically with Magaluf, we do offer information within our site relevant to other Spanish and Balearic destinations.

Select A Section

• A Guide to Accident Claims in Magaluf
• What to do if you have an accident or injury in Magaluf
• Emergency contacts in Magaluf after an accident
• Healthcare and medical treatment after an accident
• Compensation claim time limits in Spain
• Compensation for package holiday problems
• Personal injury claims we can help with
• Hotel accident and illness claims
• Restaurant illness, accident or food poisoning claims
• Slips, trips and falls from a balcony in Magaluf
• Water sports and activity claims
• Road traffic and car accidents in Magaluf
• Do I need to use a solicitor in Magaluf?
• No win no fee solicitors for holiday claims
• Start your claim
• Useful links

A Guide to Accident Claims in Magaluf

According to the Office of National Statistics, in 2016 there were almost 15 million visits by UK residents to Spain. Eighty eight percent of these were for holidays. This makes Spain the most commonly visited place by UK tourists. Whether you are on a stag or hen do, visiting Magaluf with family or loved ones, or you’ve taken a trip by yourself, there is plenty to do in this bustling resort. Magaluf’s most popular beach, the Playa de Magaluf tempts holidaymakers with soft white sand and clear waters, while the clubs on the strip offer superb entertainment including world-famous DJs. Whatever your reason for visiting Magaluf, you’d expect to do so safely and without incident. However, many Brits suffer injury and illness at this beautiful resort leading to pretty horrific reading of holiday accident statistics. While some of these incidences are due to bad behaviour – we have all read the headlines – or too much sun and alcohol, others are because someone has acted in a negligent or dangerous manner and if this has happened to you or anyone you’ve travelled with, you will know only too well what a trauma this can cause. This is when accident claims in Magaluf occur. Whatever the injury, or the long-standing consequences, if you have been hurt or encountered an injury or injuries in Magaluf because of someone else, then we can help guide to as to what to do next with holiday compensation claims.

What to do if you have an accident or injury in Magaluf

Should you have an instance in Magaluf where you are injured or suffer an illness, then there are a variety of things you will need to do to ensure you have handled the incident appropriately.

First of all, you should ensure if required, the emergency services are notified of the event, particularly in the case of a motor vehicle accident, or are fire. In terms of getting medical attention, this should be done as soon as possible also, and you should certainly make sure that you keep a copy of all documentation pertaining to the incident. While at the scene of the accident, you, or someone with you, should take photographs of what has happened, including pictures of your injuries, as well as the scene, and take down contact information for any person/s who have witnessed what has happened. You should also report the incident to your travel operators, and your insurance provider as quickly as you can. You will be able to find the numbers for doing so on your holiday paperwork that was issued to you.

Emergency contacts in Magaluf after an accident

In order that you know the correct numbers to ring should you have been involved in an accident that requires emergency services, we have provided a handy list below.

Ambulance – 112

Police/ Civil Guard – 112 or 062

Fire Department – 112

The British Consultate Emergency Number – to call if you’re in Magaluf and require assistance urgently (e.g. If you have been arrested, attached or someone you’re with has died) + 34 952 35 23 00

Steps to take if you’ve been injured or fallen ill abroad – a handy list

1. Report to the emergency services if required
2. Get medical help
3. Report to your tour operator/travel insurer
4. Gather evidence
5. Contact Legal Expert

Healthcare and medical treatment after an accident

When looking to travel to Magaluf, it is essential that you not only have the relevant travel insurance, including cover for extreme sports you might do, and cover for any pre-existing medical conditions, but you should also ensure you have an EHIC. The EHIC allows people within Europe to obtain state healthcare when they need it. You can apply for it online, and there is a smartphone app you can also download in order to effectively ‘carry it on you’. It should allow you to obtain free healthcare treatments for up to three months. It is best you ensure that if have need to contact a doctor, that you explain you are under an EHIC, in order that you do not have to claim on your travel insurance. However, sometimes hotels will send private ambulances for tourists injured on their premises or contact private doctors. This is why you also will need travel insurance. You can read more about healthcare provisions in Magaluf here.

Compensation claim time limits in Spain

There are a variety of specific circumstances that relate to how long you have to claim after an accident in Magaluf, and within this table are the general guidelines.

Should you be unsure as to whether other factors may come into play such as the age of the person involved, then you don’t have to wait to find out. Simply call our experts, who will explain what is and what is not relevant.

Compensation for package holiday problems

As part of the 1992 regulations covering package holidays, tours and travel, as a holidaymaker, if you have booked excursions, hotel and travel through a UK based tour operator as part of a package of two or more of the abovementioned items, you will be covered should you fall ill or be injured while abroad. You should contact your tour operator as soon as you can after the incident, and to save you sifting through paperwork, we have listed the major firms below.

• First Choice
• Thomas Cook.
• Thomson/ TUI.
• EasyJet.
• Monarch Holidays.
• Jet2 Holidays.

Don’t forget to call us to help with compensation for package holiday problems, as we can offer advice on any tour operator you might have used.

Personal injury claims we can help with

We can assist with claims concerning no end of issues that have happened on your trip to Magaluf. Some of the more common incidences are listed here, but there are a whole number of types of accident and illness we can and have helped with, so if your specific situation is not in the list, don’t hesitate to call us and talk it through.

• Airplane – Slips, trips, burns from hot drinks, falling baggage, plane collisions or crashes
• Bad hotel hygiene illness – These can be particularly unpleasant, causing vomiting and cramps
• Balcony falls – fall from balcony in Magaluf through unsecured balconies or poor materials used for the build
• Boats & cruises – illness from food services, slips and falls aboard or overboard leading to holiday illness compensation Majorca
• Carbon monoxide poisoning – from poorly maintained gas supplies
• Collapsing furniture – unfit for purpose
• Excursion injuries – such as slips and falls as well as trips
• Faulty fittings – causing electric shocks or other injuries
• Faulty rental car – causing car accidents, or fire
• Food poisoning – from poor hygiene in restaurants
• Foreign transport – lack of proper protection, poor driving leading to accident
• Hotel – swimming pool incidents, slips and falls, poorly maintained equipment
• Legionnaires disease / Norovirus – from hotel restaurants
• Water sports – faulty equipment, lack of proper instruction
• Slips and trips – anywhere on your package holiday’s booked travel, or in the hotel, or on excursions
• Swimming pool Accident – including cuts, drowning, and more

Hotel accident and illness claims

There are many parts of a hotel that can pose risks to holidaymakers in Magaluf, and here will list some of the most common events that we can help you with when it comes to Balearic islands holiday compensation claims:

• Food poisoning from hotel bar or restaurant
• Poorly maintained gym equipment causing injury
• Poorly maintained furniture/equipment in rooms leading to injury or electrocution
• Poorly maintained balconies that have unsafe barriers
• Swimming pools improperly maintained with loose tiles leading to slips or trips
• Improper supervision leading to drowning
• Poorly marked depths leading to diving injuries
• Trips, slips or falls anywhere on the premises due to poor marking of steps, poorly fitted doormats, poorly maintained stairs or trip hazards being left in the way.

There are a huge number more incidents that can be acted upon, and if your specific circumstances are not listed here, then do feel free to talk us through your story so that we can ascertain the validity of your claim.

Restaurant illness, accident or food poisoning claims

When it comes to the standard of food provision in Magaluf, for the most part it is sanitary, and you can expect to return home without having experienced any symptoms of illness. You may get to taste exciting new dishes and some of them may not quite agree with you, but if you are unlucky, if the food has not been prepared hygienically, then you are likely to be able to make a claim for compensation. Some situations leading to food poisoning in Magaluf and holiday illness compensation in Majorca can include:

• Lack of clean food serving areas
• Unclean dining areas
• Lack of clean food preparation areas
• Animals and insect contamination at buffets or in kitchens
• Unsafe temperature of buffets
• Service of undercooked or even raw meat
• Raw and cooked meat cross contamination

If something like this has happened to you, it could leave you not only with the inability to enjoy the rest of your holiday, but also with long term effects including Irritable Bowel Syndrome. Call us today to find out what to do if this is the case.

Slips, trips and falls from a balcony in Magaluf

Some of the most common injury claims in Magaluf involve slipping, tripping or falling. Whether you have been injured while boarding your aircraft or coach for transfer, tripped over a trailing wire in your room, or fallen due to poorly marked steps in the hotel, then you could possibly make a claim for compensation. While most claims involve fairly minor injuries, such as sprains, strains simple fractures and concussions, some are far more serious than this.

Some of the most serious, and even fatal injuries involve falling from height. It has been widely reported that various incidences of falls from Magaluf balcony are due to the injured party’s dangerous behaviour, but it has been known for balconies to fail, leading to falls costing the victims their life.

Should you have suffered a fall from a balcony in Magaluf that was NOT your fault, then you should get in touch with us as soon as you can, so we can assist with your compensation claim for this disastrous incident.

Water sports and activity claims

There are a large variety of water sports available to try in Magaluf, and while thrill seeking carries its own risks, these should be minimised by all involved. The rules regarding water sports involving fast moving vehicles such as jet skis offered on the Spanish costs are as follows:

• Jet ski engines should be below 55hp
• Remote control cut-outs should be fitted
• Users should be instructed on how to operate them
• Exclusion zones 200m from coastlines should be observed, unless CLEARLY marked

Should these rules not be followed, or the equipment you have been rented not be fit for use, then it may be the case that we can help you with a claim. Contact us to go through what’s happened to you and we’ll be sure to listen and give solid advice on whether you have a claim.

There are, of course, other activities that you can partake in while in Malaga, such as train running, off road biking or even hiking. If these are part of excursions pre-booked through your tour operator, and you are injured due to the negligent or dangerous behaviour of others, then you’ll likely have a compensation claim that goes the distance.

Road traffic and car accidents in Magaluf

Whether you’re renting a car to travel around or you’re relying on coaches or taxis, the fact is, just like in the UK, there are risks on the roads. While the number of fatalities for road traffic accidents in Spain has been dropping steadily over the last few years, from 4104 in 2006 to 1689 in 2015, there are still a large number of people injured on the roads. Statistics produced for 2016 show that over 5000 people were injured on Spanish roads within the year.

Should you be involved in a road accident in Magaluf, then the actions you need to take are very similar as they are in the UK, aside from some extras. Initially, you will likely need to call the emergency services, no matter whose fault the accident was, as they will need to make the scene of the accident safe, as well as ensuring medical attention is given to those that need it. It is likely that you will need to fill out a report for the Spanish police as well. Make sure to take down as many details as is possible for your own records and take photos if you can do. After that, you should make sure to inform your travel insurer as well as tour operator if you booked through one, and if required, your car insurance if you were the one driving.

The types of accidents abroad for international personal injury claims you may encounter on British roads are very similar to Spanish ones, and whether you have suffered injury due to a head on collision, have been a passenger in a taxi collision, or a coach collision, or been knocked down as a pedestrian, then you may have a claim. Riders of mopeds, motorcycles and other smaller vehicles may also have a claim should the other person/s involved be at fault.

Do I need to use a solicitor in Magaluf?

It is common for people suffering injury & illness in Majorca Menorca and Ibiza to be under the misconception that only a foreign solicitor can handle cases such as theirs. In fact, this is one of the most common queries we receive. You will more than likely be happy to know that in fact, you do not have to use a Spanish solicitor should you wish not to. In addition, you may be even happier to learn that Legal Expert, with years of experience in the industry, can provide you with a solicitor covering your area that can handle your Magaluf holiday accident claim.

No win no fee solicitors for holiday claims

Serious injuries and illnesses have a profound effect on earning power, and it is likely that you will have had to have at least some time away from your place of work while you have been seeking treatment or recovering from what has happened to you. This may put you in a financial predicament. The last thing you want at this point is more bills, but you may be interested to hear that you would not have to fund your claim upfront for Menorca, Ibiza, Majorca holiday illness/injury claims, as under No Win No Fee arrangements, a proportion of your compensation will go towards legal bills and only if you win will you be required to pay this from your compensation. Unsuccessful cases will not leave you with legal bills, so there really isn’t a reason to be put off claiming.

If you require more information on the percentage of fees taken in the average no win no fee solicitors claims case or would like to know more about how the system works, then we can happily offer any answers you’re seeking. Simply give us a call.

Start your claim

Beginning a claim for compensation after something has happened to you in Magaluf might sound complicated. However, with Legal Expert on your side, this will certainly not be the case. With extensive experience in helping holidaymakers just like you with cases ranging from holiday illnesses, to injuries ranging from minor to serious, and even fatal, we offer a sympathetic ear along with knowledge and advice that you are sure to be able to count on. You can contact us to begin a claim by way of the following:

Complete the holiday compensation claim form here

Email info@legalexpert.co.uk

Call 0800 073 8804

Whichever way you would prefer to get in touch with us, we will always aim to help you efficiently and quickly, and with the understanding and knowledge of situations like yours that you would struggle to find with anyone else.

Useful links

British Consulate Palma de Mallorca

Carrer Convent dels Caputxins, 4
Edificio Orisba B 4ºD
07002 Palma de Mallorca
Spain

Tel: +34 93 366 6200

Accessing Healthcare in Spain

This page should assist if you’ve cause to access healthcare while in Magaluf.