|
| Q : |
i was a wagon driver and told to go to another factory to collect some material. whilst there on thier premesiss i had an accident, which resulted in me damaging my lower back. i had a mri scan which showed damage to my disc and facet joints. i had an opperation to try to fix the problem. it did not so i was forced to give up work. I'm now dissabled dut to on going problems with my back causing many problems. i did make a claim via a solicitor but was told that the factory i visited did not have any type of insurance whatsoever. so i didnt have a claim. what i'm enquiring is, does the firm i was employed by hold any responsibility towards my safety. I:e ensuring the premisiss i visit or that they sub-contract to have insurance in place. the solicitor i used seems to think not and closed my case. by ROSS DUNN |
|
| A : |
Thank you for your enquiry. I am sorry to hear of your predicament. First of all, although the factory should by law have had insurance, the fact that it did not does not mean you cannot claim against them. The only difficulty might be recovering any damages if the factory is in financial difficulty. Secondly, your employers can be responsible for sites you have to visit, but it will very much depend on the exact circumstances. Further, the fact that you had an accident will not be enough to win your claim. It must be proved that anoth erparty has been at fault and that this caused your injury. Finally, you have probably already been advised this be your former solciitors, but please note that you have 3 years from the date of the accident in which to issue court proceedings failing which you may be barred from proceeding further with a claim. I would be happy to discuss this with you in more detail. Would you like me to call you? Regards Rob |
|
 |
| Q : |
In April 2006 I was invloved in a RTA, the vehicle was hit from behind and I suffered temporary black-out, headache, severe whiplash, aggrivated lower back-pain, damaged right wrist, right knee and lower bridge damage (mouth). I informed my car insurance company and they provided me with contact details of the legal company attached to the policy and the company was appointed. I informed them of my medical complications, predicament and my inability to work, as a result and requested immediate treatment. Due to my ill health re above, I missed a medical apppointment, assesment arranged by my legal company. I tried to rearrange this several times and eventually in late July I was seen and examined and my injuries were diagnosed as serious in a report even though I was able to walk and function with day-to-day things but in considerable pain. I wrote, emailed, phoned my legal company many times and kept getting back an automated response, basically the appointed person did nothing but kept sending me a standard letter stating that he had not recieved my report back from the examinar. By Late 2006 I sent an email of complaint and requesting treatment to the head of the appointed legal company and and I was contacted back by a senior staff, that something would be done. I heard nothing for many months but kept getting the standard automated letter from the person who was supposed to act on my behalf. I contacted the Car Insurer and they stated that they could do nothing as it was with the appointed legal firm. Eventually in April 2007 another person contacted me by my mobile phone, stating that he had now been appointed and that he would get me treatment and admitting that they had not dealt with the matter and confirming that my complaint was no record. It took him a while but evetually I was given chiropractic treatment and upon his instruction I went to see a private dentist. I explained the above to the dentist, stating that the Insurers had agreed to pay however I was asked for (receptionist) and paid more then £350 for dental treatment. I wrote to the dentist and explained that I had no more money left to pay him and I should not have been requested payments as this was an insurance matter and liability had been admitted and I had been instructed to get treatment by my apppointed legal advisor (car Insurance). The dentist carried out further traetment but later demanded a further £450 from me which I did not have. I notified the insurance legal person in writing, by phone and they promised to resolve the issue. I was sent a letter of court action by dentist and then another letter requesting me to supply info re the third party responsible for the orginal RTA. I have still not had treatment re my right knee, right wrist and the treatment via chiropratice has stopped and the neck/back pain has come back!\r\n\r\nWhat should I do? What are my rights? Has the car insuraunce appointed legal company been Negligent? Who is to balme? Who is at fault for the dealys? Can i move to another appointed legal comapny? Can legal action be taken against my appointed legal company and/or against the appointed third party legal comapny, by another solicitor? What would you advise/recommend? Jon\r\nPS: has LegalTv gone off-air, been removed from the satallite viewing, that I saw occasionally? by jon |
|
| A : |
Thank you for your enquiry. In short, you can make a complaint to the Solicitors Legal Complaints Service, but firstly should make the complaint to the senior partner of the firm representing you. If that does not resolve matters, then you may wish to complain to the Legal Complaints Service.\r\n\r\nYou do have the right to take your case to another legal representative, but this may effect the funding arrangement that you have in place with your current advisers. I would have thought that your Legal Expenses Insurers would be able to assist. This may be a different department to your vehicle insurers. Effectively, many legal expenses insurers have a legal panel consisting of a number of law firms to which they sell claims for a fee often ranging between £250 and £700. Individuals do not often realise this. If this happened, your solicitors will have had to tell you this when you first instructed them. They do not have to tell you how much they paid for your case, simply that they have paid a referral fee. You might want to ask your legal expenses insurers how much they have been paid for your case if anything. They may also be able to transfer the matter to an alternative firm for you. If you get nowhere with the matter, then I would be happy to discuss the matter with you to see whether I can help you. Please let me know if you would like me to call you.Kind Regards |
|
|
| Q : |
HI,I BOUGHT A PACK OF PURE FRUIT JUICE(PINEAPPLE JUICE) FROM A SUPERMARKET.THE JUICE ACTUALLY TASTED A BIT DIFFERENT WHILE I WAS DRINKING IT BUT I THIOUGHT IT WAS JUST ME.I FINISHED THE JUICE YESTERDAY AND WAS SHOCKED TO FIND A SOLID MASS OF CONGEALED WHITISH DECAYING LEAVES OR SOMETHING THAT LOOKS LIKE THAT AT THE BOTTOM OF THE JUICE PACK!PLEASE,DO I HAVE ANY GROUNDS FOR A CLAIM? by josephine |
|
| A : |
Thank you for your enquiry. This is known as a product liability claim. Whilst I imagine that this would have been an unpleasant experience, you would only have a claim for injury if you actually suffered any injury, otherwise the best that you could do is complain to the manufacturer who may refund you and may make an additional payment to you as a gesture of good will. If you did suffer injury, then you have 3 years to issue court proceedings, failing which your case becomes statute barred and you may then be unable to claim. Kind Regards |
|
|
| Q : |
My questionn is not covered by the options you offer but I am hoping you will help me. Sometime ago I borrowed money from a friend with the understanding that I would add a bit on top as a token of appreciation. Non of this was put on paper but simply a "gentleman's agreement", nothing binding. i have paid but most of the money and only have a little to finish off. The thing now is that the hubby of my friend has been compounding what I owe to the point that he now wants me to pay them over GBP18,000.00. , this being 16,000 way over what I owe. He's threatened to sue me to recover the same. Is this legal? No understanding was entered into regarding compounding what is owed. Can he do this? Please help because I have no where to turn to. Besides I feel this is not legal. by Fredah Chibowa |
|
| A : |
Thank you for your enquiry. This is outside my area of expertise, but it is unlikely that this is legal and any proceedings issued are unlikely to be successful. It sounds like he is simply trying to scare you. I would suggest that you contact a local Citizens Advice Bureau or Debt Advisory Centre. If you receive any threats then you may also want to consider contacting the Police. Kind Regards |
|
|
| Q : |
Social Services sent a man to help me clean my home and take some packaging to the tip. In the process of helping me he broke my toe when he dropped a shelf on my foot. Social Services do not appear to accept any liability and will not resond to my complaint. by naomi turner |
|
| A : |
Dear Ms Turner, thank you for your enquiry. I am sorry to hear of your accident and I wish you a speedy recovery from your injury. I am not sure whether the gentlemen was actually employed by, but whomever is employer is, they are responsible for his actions. This is known as vicarious liability and if it can be shown that he was negligent then it is likely that you would be able to pursue a claim against his employer. To be certain, I would need to know more about the circumstances. I have tried to call you on the number which you supplied, but it just rang out. I will try to contact you again. In the meantime, please note that you have 3 years from the date of an accident in which to issue court proceedings, failing which your case becomes statute barred and you may then be unable to claim.Kind Regards |
|
|
| Q : |
i have been on your tv show twice i am now in a position where i can name my inapt lawyers i believe they only wanted to get the money from my legal protection company and then leave me high and dry as soon as the going got a bit tough i have lost a potential £200,000 because of this and this is mostly due to a part 32 offer and some corrupt video suveillance that i have proof that it has been altered for selective viewing i have got the origional tapes and they are fraudulant i want to do the detectives and my lawyers for misrepresentation and the pi's for fraud and perverting the course of justice i can not put all down on email as it is such a long story i have the legal complaints lot on to it but i believe they are all eating out of the same pot i need help and am looking to you for it by malcolm garner |
|
| A : |
Thank you for your enquiry. I will be available on Monday 24th January and will call you then on the number which you have supplied. Until then, kind regards |
|
|
| Q : |
2 years ago settlement was made on an arm injury i suffered due to a fall further complications have recently occurred which may involve further surgery on the ulna would there be any further action i can take in this matter given that further medical treatment has now come to light\r\nyour advice would be appreciated by c waddington |
|
| A : |
Thank you for your enquiry. I am sorry to hear of your currnet predicament.\r\n\r\nIt may be very difficult for you to claim further compensation. When your previous case was settled, it is likely that it was in full and final settlement of your claim, which means that you cannot obtain further compensation at a later date arising out of the accident which resulted in your injury. When you settled your claim, your legal advisers should have informed you that settlement is full and final. If they did not do so, then it may be that you were not properly advised.\r\n\r\nThere are instances where cases are settled on a provisional basis, leaving the claimant the opportunity to claim further damages at a later date, should further problems arise. However, this kind of settlement is not very common and his highly dependant on the nature of the medical evidence.\r\n\r\nIn summary, your claim against the defendant at the time has probably been settled in full and final settlement. If you wish to claim against your legal advisers in the event that you were not properly advised, you must do so within 6 years of the date of the settlement/advice failing which any claim for negligence on the part of your legal advisers wil be statute/time barred.\r\n\r\nI hope that this is of some help to you and if you would like me to call you to discuss the matter further, then please do let me know.\r\n\r\nKind Regards\r\n\r\n |
|
|
| Q : |
i was involved in a car accident about six months ago.i was in a taxi sitting in the back seat when two youths threw a stone and it hit the window where i was sitting.at the time i was in shock and i got a lot of glass on me.when i got home the police called me and the taxi company but i refused to go to the hospital at that time.however, after a few weeks i satrted to get flash backs from the accident and it has been affecting me since.i am really scared now everytime i go into a taxi.do i have a case? by k |
|
| A : |
Dear K,\r\n\r\nThank you for your enquiry. This is potentially a criminal injuries claim which you can make to the Criminal Injuries Compensation Authority. You have 2 years from the date of the incident in which to submit a claim. This is a strict time limit and can not be extended.\r\n\r\nIf you wish to pursue a claim, you can do so via a solicitor or direct to the CICA. \r\n\r\nHowever, if you use a solicitor, as your solicitor will not be able to recover any costs from the CICA, there would be a charge which is usually about 15% of any any compensation you are awarded.This can vary between different solicitors.\r\n\r\nIf you would like assisitance, please let me know and I will call you. If you would prefer to apply direct to the CICA, please go to thier website at www.cica.org.uk\r\n\r\nI hope that this is of some help to you.\r\n\r\nKind Regards |
|
|
| Q : |
i sliped on some water in my local petrol station as i was leaving the shop and i have badley hurt my foot which i am still unable to put weight on. do i have a case? by samantha |
|
| A : |
Dear Samantha,\r\n\r\nThank you for your enquiry. I am sorry to hear of your accident and I wish you a speedy recovery.\r\n\r\nI confirm that you do potentially have a claim, although the prospects of success would depend on the actual circumstances of the accident and whether you reported it after it occurred.\r\n\r\nYou have 3 years from the date of the accident in which to claim, failing which your claim becomes statute barred and you may then be unable to claim.\r\n\r\nI would be more than happy to assist you further and if you would like me to then please let me have more information about what happened or provide me with a telephone number and I will call you to discuss the matter further.\r\n\r\nI look forward to hearing from you. |
|
|
| Q : |
My friend wants to bring a personal injury claim against her former employer, an embassy in the UK. My friend used to work as domestic staff at the embassy until when she was fired in August 2006. She now has ILR issued 2007 by the Home Office. She is diabetic and has heart condition with hypertension. While working at the embassy she registered with a local GP who examined her and referred her to hospital for specialist care. She was residing at the residence of the ambassador, who would not allow her to go and attend her hospital appointments; this led to the worsening of her diabetes that caused her kidneys to knock out. While at the embassy she was subjected to hard work, and there was no system in place to cater for health issues. After her dismissal, She engaged a private firm of solicitors in the employment matter who sought counsel advice when the matter was listed for hearing at the employment tribunal. Counsel’s advice was that, the case be withdrawn from the tribunal as it looked much of the PI matter. We later on discovered that the firm she had instructed has no expert or any one who deals with PI matters. She would like to bring up the case against her former employers but does know whether she has an arguable case. She wants to know if there are any firms you would recommend her to go to in London. She also wants to know whether she would be able to get legal aid in the PI matter as she is currently unable to work due to her medical condition. She lives in East London. by Frank |
|
| A : |
Dear Frank,\r\n\r\nThank you for your enquiry.\r\n\r\nFirstly, please note that your friend has 3 years from the date of knowledge that her condition was worsened by the potential negligence of her employer in which to bring a claim against the Embassy failing which her case will become statute barred and she may then be unable to claim.\r\n\r\nThis would not be a straight forward claim. It would be necessary to prove by way of medical evidence that her condition has been worsened by the actions of her then employer and further that her employers did prevent her from seeking treatment, a matter which they are likely to deny.\r\n\r\nYour friend would not be able to get legal aid, but a solicitor may be willing to deal with her claim under a conditional fee agreement, more commonly known as a No Win No Fee Agreement.\r\n\r\nI recommend that you contact the Law Society on 0870 606 2555 and ask them for the contact details of some local solicitors who deal with persoanl injury cases.\r\n\r\nI hope that this of if some help to you and your friend.\r\n\r\nKind Regards\r\n |
|
|
| Q : |
Hi i dont know if you can help me i had an accident on public transport nearly 3 years ago in which i damaged my knee. The bus company and medical experts do not want to accept full liability for the damage to my knee they have offered me £4000 and refuse to offer anything more which i have been informed by my Solicitor who works for Rali in Manchester. Is there any advice or help you can give me.\r\n\r\nThanks\r\n\r\n by Miss Wilson |
|
| A : |
Dear Miss Wilson,\r\n\r\nThank you for your email. Firstly, as your case is almost 3 years old, it will be necessary for your solicitors to issue court proceedings within 3 years in order to protect your interests.\r\n\r\nSecondly, with regard to liability, I note that this has not been admitted in full and accordingly any settlement is likely to be lower than what you would expect to receive by way of compensation if your claim was settled on a 100% basis. It also appears that medical causation is an issue. This is when a medical expert considers some of your symptoms to be casued by other factors and not just the accident. For example, some of the symptoms might be due to a pre-existing medical condition.\r\n\r\nIt is difficult to offer you any firm advice without knowing the exact circumstances of the accident and without seeing the medical evidence, but your current solicitor should be able to advise you on the merits of the offer and what steps if any could be taken to pursue the matter further. Ultimately you could end up with less or nothing at all if liability is in dispute.\r\n\r\nI would recommend that you ask your solicitor to advise you fully about the offer and what his or her recommendation would be and what risks you would face if you pursue the matter further.\r\n\r\nI hope that this is of some help to you.\r\n\r\nKind Regards\r\n |
|
|
