Personal Injury in Newcastle – How to Make a Claim Discussed by Thompson & Co Solicitors
Suffering from an injury that has arisen out of negligence or an accident that wasnât your fault is understandably a very difficult and strenuous time for you and your family. Negligence may occur due to the fault of someone that has a duty of care for you or due to an accident that was not your fault (such as due to another person or local council for example.) Although you understandably want to return to normality after an accident, you may be able to claim compensation for injuries, diseases or conditions that are caused from a wide range of negligence, such as negligence by an employer, medical or dental practitioner or injuries sustained in situations in which you were not to blame.
Thompson & Co Solicitors are injury lawyers in Newcastle and we have a wide range of experience representing our clients in a wide range of personal injury claims. Ranging from medical negligence, dental negligence, asbestos-related claims, industrial injuries, road traffic accidents, accidents at work as well as slips, trips and falls. Every case is unique however our experienced solicitors have likely represented one of our clients that has had a case that is similar to your case. In this article, we will discuss the various processes involved in making a personal injury claim as well as how our team of experienced solicitors can represent you during your claim. If you are looking to make a claim relating to personal injury in Newcastle or if you need the assistance of injury lawyers in Newcastle then enquire with Thompson & Co Solicitors today using an online contact form on our website or telephone our team now on: 0191 5656290
Specialists in Asbestos-Related Compensation Claims
We have a proven track record in representing our clients in a wide range of cases in which they were negligently exposed to asbestos. This exposure to asbestos may range from direct exposure to the material as well as indirect exposure (such as washing the clothes of someone who had asbestos fibres embedded in their work clothes.) Asbestos has been used extensively for insulation until the 1990s / 2000s, therefore, it is present in a huge array of buildings and in asbestos-related industries – numerous employees were exposed to asbestos negligently. This is because of the fact that the risks of asbestos were suspected to be well known to the asbestos industry but efforts were made (especially overseas) to hide the risks.
What are the Effects of Asbestos Exposure?
The vast majority of asbestos-related diseases develop over extended periods of time, so they are not diagnosed until later in life or much later than the exposure period to the asbestos fibres. Mesothelioma for example, develops usually over 20-50 years before it seriously affects the lungs. Exposure to asbestos fibres causes a variety of lung diseases and lung cancer. This is because asbestos fibres lodge into the lung and can even damage the cells that come to remove the fibres. Lung tissue therefore becomes damaged which can cause significant damage to the lungs.
If you have been negligently exposed to asbestos then you may be able to make a personal injury claim. Our team of experienced injury lawyers are available to support you during this highly difficult time for you and your family. We will advise and support you during your asbestos compensation claim.
Personal Injury – Medical & Dental Negligence
Medical and dental practitioners have a âduty of careâ for patients in which they are required to offer treatment that is to a standard reasonably expected. As this is a case in which medical professionalism is being brought into question – at some stage of proceedings you will be required to obtain a medical report from another medical expert. In dental and medical negligence claims, it is required to prove that your injuries would not have occurred if it were not for the negligence of the medical or dental practitioner. We have a proven track record of representing our clients who have suffered due to dental and medical negligence. We deal with a range of compensation claims for both medical and dental negligence.
Claiming Compensation for Industrial Accidents & Injuries
Asbestos claims may fall under an industrial personal injury claim and there are other industrial personal injury claims in which you may be able to claim compensation. At Thompson & Co Solicitors, we have many years of experience in pursuing claims for a range of industry-related injuries such as Vibration White Finger or Hand Arm Vibration Syndrome. We can also represent you in pursuing claims for other industry related injuries and diseases.
As employers have a duty of care and legal responsibility to protect workers in all working environments as well as dangerous working environments, you may be able to claim compensation if you suffer negligence due to an employer. You will therefore need to prove that your employer was negligent or in breach of their statutory duties and that this led to you suffering injury.
We can help you make a personal injury claim in Newcastle for injuries suffered due to negligence of your employer if you are / were a worker in the industrial sector. We will help you prove that your employer failed in their legal responsibilities to protect you from injuries that would have otherwise not been sustained.
Personal Injury in the Workplace
We have a vast amount of experience in pursuing personal injury claims for a variety of different workplaces. We can help you pursue personal injury claims from soft tissue injuries to life-changing injuries such as spinal injuries. In the event of a workplace accident that leads to death, we can represent you and your family as well as deal with the Coroner during this case. Your employer may have failed to provide a safe system of work or a safe environment for you and other employees which resulted in your injury or they may have failed to take sufficient reasonable steps to prevent your accident. If this is the case then you may be able to claim compensation against your employer and we can help you with this.
Personal Injury – Your Rights
If youâre injured at work then you may be able to claim compensation. Your employer has a duty of care for you at the workplace and this means that if their duty of care is breached – you may be able to claim compensation for your injuries or for a condition contracted due to the negligence of your employer. As discussed – you will need to prove that the injury only occurred due to negligence. It is, therefore, useful to have records of an accident that occurs in order to claim for compensation. It is a good idea to consider the following:
- Take photographic evidence of an injury that occurs and whatever it was that caused the accident where possible and safe to do so.
- Ensure that you have the relevant contact details for anyone that witnessed the accident to use for evidence later on in your claim if this is required.
- Make notes about your injury as soon as possible. You can also draw sketches if this will help you to remember details about your injury later on.
- Ask witnesses to make their own notes and share these with you.
Recording an Accident Using the Accident Book
Who you report your accident to will depend on where you are working and your current âemployment status.â If you were working in your usual workplace then you should report your accident is your manager – you can also check the relevant handbook to find out where to report an accident. If you are working away from your usual workplace – you should seek to find the person you usually report to while there. If the accident happens on aÂ clientâs owned premises and are self-employed you will need to tell the person you usually deal with when at the premises. You have to report your accident to the HSE. Someone else may also be able to report the accident on your behalf where relevant or required.
Next Steps After Reporting an Accident
Itâs highly recommended to seek an appointment with your GP as soon as possible. They will be able to record the details of your accident within your own personal medical records as well as treat your injury. If you require urgent treatment then you are able to find your local urgent care services through the NHS.Â
Should an injury occur, you will need to get in contact with a solicitor in order to make a personal injury claim. This is highly recommended because an expert solicitor will be able to offer you full advice and support during your claim. They will also be able to discuss your claim with you in an honest and transparent fashion – whilst being honest about the potential for success during your personal injury claim. Having collected the previous information of your accident at work – you should seek the advice of one of our expert solicitors.
Your Initial Meeting With Our Solicitors
Now that you have collected the relevant details and medical records relating to your claim, you will be seen by one of our expert, specialist personal injury solicitors. Our solicitors have many years of experience dealing with personal injury claims and only specialise in personal injury law – which allows us to give you personalised and specific advice regarding your claim. We will discuss the circumstances of your claim as well as explain all of the steps that will be required when making your claim to ensure that you are fully aware of the process that lies ahead. In order to make a successful claim, you will more often than not be necessary to prove that:
- Your opponent owed you a duty of care.
- Your opponent did not take reasonable means to keep you safe and to ensure that you were not injured.
- You suffered your injury as a result of the opponent not taking action to keep you safe.
Your claim will only succeed if you can prove that it is more likely than not that your opponentâs negligence caused you to suffer injury. The usual test is whether âbut forâ the negligence, the injury would not have occurred. If without negligence, you would have suffered the same outcome then there is no âcausationâ and your claim will fail.
We will also discuss the various funding options that are available during your claim. There are various options that are available for you to cover any costs of the claim including dealing with your claim on a âNo Win No Fee Basisâ
We will then prepare a statement to be referred back to during your claim. You will need to sign the statement of truth on your Statement confirming that the information in the statement is true to the best of your knowledge and belief.
Medical Reports & Court Proceedings
After preparing witnesses to prepare statements, we will usually collect a full set of your medical records to ensure that any previous medical issues may have an impact on the medical evidence during your claim. We will also ensure that we collect a full set of medical records to maintain consistency as to the circumstances of your injury.Â
If liability is admitted or denied then we will arrange for a 3rd party medical specialist to provide a secondary expert opinion on the injuries sustained and how these were sustained due to negligence at the hands of your opponent. We may need to contact other experts relating to the case where necessary. We will then calculate past and future costs for a variety of aspects that have caused additional financial costs relating to your injuries. This could include medical bills or having to travel via taxi to the hospital for example.
If the opponent continues to deny liability. You may have to take your claim to the courts. Court Proceedings must usually be started within 3 years of the date you suffered an injury or the date you first knew or should have been aware you had suffered an injury due to something someone had done or had not done (whichever is later). The opponent will have 14 days to acknowledge and another 14 days to send their defence. We will advise you, support and represent you should a trial take case.
If you are offered a settlement at any stage for the whole part of a partial part of your claim, we will advise you on this bearing in mind the likely value of your claim and any risks involved in your claim. Itâs very important to remember that it is always your choice and you have the final say in anything regarding your case – with our advice available to help you reach a decision that best suits you or your circumstances.
Contact our Injury Lawyers in Newcastle Today
If you have suffered from negligence from another party or employer/practitioner that had a duty of care – we can help you pursue a compensation claim. As our team of expert solicitors have many years of experience, we will advise you on all of the aspects that are relevant to your case. We deal with all cases on a no win no fee basis, meaning that you will not be forced to sign into any financial agreements when pursuing your claim. We will ensure that you will deal directly with the senior solicitor dealing with your case which allows you to remain in control of your case at all times. If you are concerned about a situation in which you may have suffered an injury due to negligence or if you want to find out more about our personal injury lawyers then enquire with Thompson & Co Solicitors today. You can use an online contact form on our website or telephone our team now on: 0191 5656290
Thompson & Co Personal Injury Solicitors has been providing specialist advice to members of the public in Personal injury, clinical negligence and related matters for over 20 years.