Attorney Injury Lawyers Canada

Many people turn to motorbikes as a mode of travel as they are not only attracted by its speed and exciting image, but also as a practical and quick way of manoeuvring around traffic This very image, however, is not without stigma, as statistics have shown that motorcyclists are more likely then car drivers to be involved in an accident.

In a road traffic accident, motorcyclists are more vulnerable and at greater risk then car drivers. For example, a defect or a spill on the road will be far more dangerous for a motorcyclist then for a car or lorry driver. The motorbike itself is open and vulnerable to attack as its very structure offers little protection to its user. Statistics have consistently shown that motorcyclists involved in the accident are more likely to suffer from serious physical injury, and most likely to be killed.

In examining these points, it is important that at the scene of the accident, depending on the physical or mental state of the person involved, crucial visual information is recorded, so that the solicitor can help you in your claim.

Most motorcycle claims involve:

Filtering

This type of accident usually involves the motorcyclist overtaking outside or between lines of traffic. In most cases the other driver would claim that the accident happened due to the motorcyclist speeding or having insufficient regard to the safety of others. However, if there is enough evidence available, the solicitor may be able to refute these claims even if speed was a factor.

Encountering defects in the road

In some situations an accident occurs due to a defect in the road, such as a pothole. It will depend on the individual situation in deciding whether a defect in the road, will count as being sufficiently defective enough to pose a real danger to drivers using the road. The local council and the highway authority are responsible in ensuring that the road surfaces are regularly maintained and repaired in order to keep up with safety regulations. Hence, any applicable photographs that can be taken of the defect in the road will be useful in making a claim. Any measurements that can be taken of the defect will be even more helpful to the solicitor handling your case. It is best to do this as quickly as possible, as once the highway authorities have been alerted to the hazard, they will work to quickly fix the defect to avoid any other potential accidents.

Accidents caused by spills on the highway/objects

There are various substances that can be spilled onto the road that can cause accidents for motorcyclists. Any leftover debris, fuel, or ice are all potential safety hazards. If the motorcyclist collides with the object on the road, or slips on the ice, then the first step would be to identify the person responsible for the object or spillage. The person who is identified as being responsible for the object or spillage on the road will have to prove that they took reasonable steps to stop this from happening. This will be important to their defence.

If you have been involved in a motorbike accident, we will do our best to ensure that you gain the best legal advice possible, and assist you in your claim for compensation. You will work with specialists with expertise in this area who will help you in your process.

When you go to see a doctor for medical treatment, you go with certain expectations. You expect that your individual concern will be thoroughly looked into, and acutely diagnosed. With little or no medical knowledge yourself, you expect that in the hands of a medical professional, you are safe. People are right in placing this trust in doctors, as the majority of the time the correct form of treatment is given to the patient, and causes little or no distress to the patient. Picking up potential conditions in its earliest stages, for instance, is something that should not be missed. For example, in the case of cancer, if it goes untreated it can develop and become far more serious. However, doctors are only human too, and unfortunately in some cases misdiagnosis does occur. In some circumstances this can amount to clinical negligence.

What are the types of misdiagnosis that can occur?

Misinterpretation of the patient’s medical records

Failure to diagnose a condition or illness (such as cancer)

Medical records being mixed up

Misinterpretation of the patient’s medical records

Medical negligence occurs when doctors fail to respond to test results or misinterpret them. The doctor is responsible for owing a duty of care to their patient, in ensuring that the patient is diagnosed correctly. This involves checking to see that the correct form of tests are carried out sufficiently in order to establish what is wrong with the patient, and working out the best form of treatment for the patient. If the patient’s case is relatively minor, the doctor’s error may not prove to be highly harmful to the patient. However, failure to diagnose accurately in some cases can prove to be fatal to the patient. On the other hand, some doctors inform patients that they have cancer when in fact they do not, thus causing unnecessary worry and pain.

How do you make a medical compensation claim for misdiagnosis?

A surprising large number of people report incidents of misdiagnosis and treatment in hospitals every year. For the lucky few, a careless mistake on the part of the doctor does not prove to be detrimental as the condition was relatively minor. However, in more serious cases, the error can prove to be more fatal. In making a claim, there will be a number of factors that will be considered. As clinical negligence cases are quite complex the main question that will be asked will be, what would the outcome have been had the patient received the correct diagnosis initially?

In accordance with the English Law, the real test is whether earlier treatment had a better than 50% chance of succeeding. As this test is quite confined, it can produce some harsh results. However, if you have suffered pain and suffering as a result of misdiagnosis, that would not have occurred had the initial diagnosis been correct, you may be entitled to claim for compensation. Our expert clinical negligence solicitors will assess your case on its own merit, and inform you of the best way to handle your case.

Great care must be taken during the course of pregnancy and birth. This is due to the fact that there are always great risks involved, and every step should be taken to ensure that no harm is brought to the baby or its mother. A failure on the part of the medical practitioner in providing adequate care to the pregnant woman can result in complications, one of which that could prove to be fatal. Fortunately, most cases of childbirth every year end happily for all parties involved. However, in some cases complications have been known to occur, which have resulted in injury to the birth mother and baby. The branch of medicine in charge of pregnant women is obstetrics, and someone working in this field is ultimately responsible for ensuring the safety of the pregnant lady, and monitoring any potential damaging conditions that could affect the mother or baby throughout the birth. There are a wide range of medical professionals that are responsible for the welfare of the mother, not just the obstetrician. These can include nurses, midwives, and any other medical practitioner.

Injuries caused to mothers as a result of medical negligence

One of the most common occurrences of medical negligence are injuries sustained by mothers as a result of incorrect stitching after episiotomy. Episiotomy is the procedure that allows extra room for the baby to ease delivery. If this wound is not correctly stitched, it can cause a great deal of pain and suffering to the mother. Vaginal tear is another common injury that can occur if inadequate care is provided. Ordinarily, vaginal tears are stitched under local anaesthesia using sutures which dissolve over time. However, if the tear is not noticed and investigated properly, it can result in further pain and discomfort for the mother.

Injuries to babies

Erb’s Palsy

This is the type of condition that can occur if too much pressure is applied on the babys head and neck. It is normally as a result of birth trauma and can affect 1 or all of the 5 primary nerves that supply the movement and feeling to the arm. The results of this type of injury can vary from child to child depending on the situation. The extent of the damage to each nerve can range from bruising to tearing. Some babies are able to make a full recovery on their own; however some may require special assistance.

Cerebral palsy

This is another type of condition that affects thousands of children in the UK. Cerebral palsy is caused by damage to the brain which can occur before, during or soon after birth. These symptoms can vary from child to child. Some have had problems walking, whilst others have become permanently disabled. It has been estimated that around 10% of children have it as a result of medical negligence during birth. Cerebral palsy can be prevented, as it occurs as a result of oxygen deprivation during a traumatic birth.

The process of making a medical negligence claim

If you or your child has been affected as a result of medical negligence during pregnancy or childbirth, you may be entitled to compensation. We understand that you will have gone through immense stress and trauma as a result of the injury, therefore we shall do our best to help you. Our clinical negligence solicitors have a vast amount of experience in this area, and will assess your case individually with sympathy and compassion.

A huge amount of responsibility is involved in ensuring that great care is provided to the mother during the course of pregnancy and birth. It is well known that there are always great risks involved, and every step should be taken to prevent any complications from arising. A failure to provide adequate care during or after the pregnancy can result in great pain and suffering for the mother. It can even lead to long-term consequences for the child. Fortunately, most cases of childbirth every year end successfully for all parties involved. However, in some cases the birthing procedure has not run so smoothly, and has resulted in injury to the birth mother and baby. The branch of medicine relevant to pregnant women is obstetrics, and someone working in this field is ultimately responsible for ensuring the safety of the pregnant woman, and monitoring any potential damaging conditions that could affect the mother or baby throughout the birth. There are a wide range of medical professionals that are responsible for the welfare of the mother, not just the obstetrician. These can include nurses, midwives, and any other medical practitioner.

Injuries sustained to mothers

There are a number of different instances where medical negligence can occur, however one of the most common occurrences of medical negligence are injuries sustained by mothers as a result of incorrect stitching after episiotomy. Episiotomy is the procedure that allows extra room for the baby to ease delivery. If this wound is not correctly stitched, it can cause a great deal of pain and suffering to the mother. Another type of common injury is vaginal tear. In most cases, vaginal tears are stitched under local anaesthesia using sutures which dissolve over a period of time. However, if the tear is not observed and investigated properly, it can result in further pain and discomfort for the mother.

Injuries caused to babies

Erb’s Palsy

Erb’s Palsy is the condition which occurs if too much pressure is applied on the babys neck and head. It normally occurs due to birth trauma and can affect 1 or all of the 5 primary nerves that supply the movement and feeling to the arm. The consequences of this type of injury can vary from case to case. The amount of paralysis caused will depend on the damage to each nerve. In some cases, the babies recover on their own; however some may require specialist intervention.

Cerebral Palsy

This is another type of condition that affects thousands of children in the UK. Cerebral palsy is caused by damage to the brain which can occur before, during or soon after birth. These symptoms can vary from child to child. Some have had problems walking, whilst others have become permanently disabled. It has been estimated that around 10% of children have it as a result of medical negligence during birth. Cerebral palsy can be prevented, as it occurs as a result of oxygen deprivation during a traumatic birth.

How to make a medical negligence claim

If you or your children have suffered injury as a direct result of medical negligence during pregnancy or childbirth, you may be entitled to compensation. We understand that you will have undergone great stress and trauma as a result of the injury; therefore we shall do our best to help you. Our clinical negligence solicitors have a vast amount of experience in this area, and will assess your case individually with compassion.

Every year thousands of people suffer head and brain injuries. The effects of this type of injury can be quite traumatising, and depending on the severity of the injury, the effects can be long lasting. You may find that you have had to make major adjustments to your lifestyle as a result of the accident. It may have taken you days or even weeks after your accident to discover your condition. If you have suffered a brain or head injury in a road traffic accident, assault or fall, you may be able to make a claim for compensation. The symptoms of a head injury can sometimes vary from case to case, however the following are a list of signs to look out for:

Feelings of tiredness

Tiredness

Headaches

If it is a more serious head injury, the following signs would be:

Seizures

Heavy bleeding

Bleeding heavily

Confusion and disorientation

A head injury explained

There are different types of ways a head or brain injury can occur, and one of them is through a road traffic accident. For example, the act of being hit by another car in an abrupt fashion can have a huge impact on your head. Your head may appear to be unharmed; however your brain may have sustained an injury. You may have come into contact with a sharp object that pierced your skill. This is known as a penetrating injury.

The treatment of head injuries is a long and intensive process. Head and brain injuries are not easily repairable, and failure to act quickly to treat the injury can lead to long term complications. Therefore it is always advisable to get immediate medical attention following your accident, to prevent the injury from becoming worse.

Apart from having a physical impact, a head and brain injury can also impact the way you live your day to day life. You may find yourself becoming angry for no reason or feeling frustrated. This not only affects you but the loved ones around you. You may have not been able to return to work, and have trouble concentrating on driving.

Making a head injury claim

For your head and brain injury claim to be successful, it will have to be shown that the person you are making a claim against owed you a duty of care, and that the duty of care was breached. If you have suffered a head and brain injury in an accident on the road, or at work, our specialist solicitors should be able to advise you on your next course of action.

Experiencing a road traffic accident can often be a frightening and distressing experience. Hopefully you or any fellow passengers will have escaped with minor injuries with little damage to your vehicle. However, in some cases the consequences of the road traffic accident can be far more serious. Whether you have been a motorcyclist, driver, passenger, or pedestrian, if you’ve been involved in a road traffic accident that was caused by another vehicle in the last three years, you could be entitled to claim compensation. For your claim to be successful, you will have to show that the other party involved was at fault.

Suffering a whiplash injury

One of the most frequent injuries reported is whiplash injury. A whiplash injury occurs from a high speed impact or a forceful jerk. For example, when a car slams into the back of your car, or rear-ends your car. Whiplash victims can experience pain in the neck, shoulders, and back. The severities of the injuries are sometimes not apparent for days or even weeks following the accident.

The amount of compensation you will receive will largely depend on how severe your injuries are, and how much you have suffered as a direct result from the road traffic accident.

Important steps to take following a road traffic accident

All cars and motor vehicles should, by law, have insurance cover in case they are involved in any road traffic accidents. If a road traffic accident occurs, the first step is to exchange insurance details with the other party, as your claim for personal injury will be made against the insurance company of the third party.

Secondly, in order to progress your claim, your solicitor will need the names, addresses, and vehicle registrations of the parties involved in the road traffic accident. In some road traffic accidents, it will be agreed by both parties on who is to blame for causing the accident. If this is the case, then, it is useful to make note of what was said following the accident. However, quite often both parties will blame each other, and these types of situations a further more detailed investigation will need to be carried out. It will help your case if you can take photographs of the vehicles involved in the accident. Photographs should be taken of the cars/motorbikes, and any skid marks on the road etc.

On some occasions the vehicle owners will not be present. If this is the case, write down their details. If there were any witnesses present at the scene of the accident, it is recommended that you make a note of their names and addresses as well. As with most personal injury claims, in order for your case to be successful, it will be necessary to prove the negligence of the other party involved which resulted in your injury.

One point to consider is that if the opponent is successful in demonstrating that the road accident was partly caused by contributory negligence on your part, then it is likely that the damages will be reduced accordingly.

The impact of a spinal injury can have devastating effects on your quality of life. It can affect those around you and your general lifestyle. The financial implications can be vast. Most spinal injuries have long term and lifelong implications. Families will struggle to financially care for a spinal injury victim, as there will be so many costs and expenses involved. If you have suffered spinal injury at work, in a road traffic accident, or falling from a great height, then you may be entitled to compensation.

Spinal injury explained

Spinal injury is damage to the spinal cord that results in a loss of function such as mobility or feeling. The spinal cord does not have to be severed in order for a loss of functioning to occur. Often the spinal cord can remain intact, but cease to work properly. Generally, the more severe the injury is, the higher the loss of function.

Steps you should take in order to make a claim

You will have to provide evidence that someone else negligently caused or contributed to the accident that caused the spinal injury. You must prove that the accident actually caused the injury and fully demonstrate the full impact and extent of the harm.

In most cases the party you are claiming against would have owed you a duty of care, and that duty was breached. For instance, if the accident happened at work, the employer would be responsible for owing his employee a duty of care. You should note that the amounts of compensation awarded in spinal injury claims are usually higher than an average personal injury claim.

How much compensation you are likely to be awarded will depend on a number of things. The amount of pain and suffering you have endured as a result of the accident will be an important factor. However, other factors will be considered too. In most case scenarios, you are likely to incur future financial losses, such as, rehabilitation costs and nursing care. Your house may need to be readjusted to accommodate your needs. If you are unable to return to work straight away, the damages will also need to reflect that.

Spinal injuries that result by accidents caused in the work place

Spinal injuries caused in the work place

If you have fallen, tripped, been hit by an object, or suffered any other type of accident, you may be entitled to compensation. In order to pursue this spinal injury claim, you will need to prove that the accident was caused due to the negligence of your employer.

Spinal injuries caused from road traffic accidents

If you can prove that you have suffered pain and grave financial loss as a result from your spinal injury, you may be entitled to claim compensation. Again, it will have to be shown that it was the negligence of the other party that caused the accident which resulted in the spinal injury.

Sports related spinal injuries

It is a well known fact that there is an element of risk involved in any type of sport. However, if it can be shown that you have suffered a spinal injury as a result of the negligence or actions of a third party, you may be entitled to claim. If you have sustained a spinal injury through no fault of your own, our specialist team of solicitors will assess your case and work to achieve the best possible result.

If you have lost someone through a fatal accident, we can only imagine the pain and trauma you must be going through. We understand that you will be going through a highly emotional experience, filled with shock and disbelief, and it will be hard to be thinking about your financial situation. However, at some point you may wish to claim compensation, and if you choose to do so, we are here to help you.

If you were a dependant of someone who died as a result of an accident, and are now suffering financially, you should be able to make a claim. In some circumstances, compensation is necessary when a child is left without their parent, or when an adult is left without their bread-winning spouse. If the fatal accident occurred due to the negligence of someone else, we will help you in your claim to restore some financial stability to your life.

Who can make a claim?

It is possible to make a personal injury claim if it can be proven by the person that they were financially dependent on the deceased at the time of the accident. The types of dependants can include the following:

Grandchildren or grandparents of the deceased

Partners who have been co-habiting for over two years

Parents or children of the deceased

The amount of compensation to award will be dependent on a few factors. Firstly, the amount of financial contribution made to the family earnings by the deceased will be assessed. If the victim contributed to other tasks around the house such as gardening, or DIY then it may be possible to gain additional compensation for this. You may also be entitled to bereavement compensation if you are the spouse of the deceased or the parents of a deceased minor.

In order to progress your claim for compensation, it will have to be demonstrated that the fatal injury occurring was due to the negligence of a third party. The types of fatal injuries dependants of the victim can claim for can vary from holiday accidents, to work related accidents. It can be any type of accident, so long as someone else was at least partially to blame.

Usually a claim can be made in one of two ways:

You will have to prove that the deceased suffered some form of pain or distress following their accident. You will also be able to claim for any financial losses from medical bills, and loss of earnings. It should be possible for you to even claim for funeral expenses

Under the Fatal Accidents Act of 1976, you will be able to make claims for loss of financial support and loss of benefits such as pension rights

You should note that a claim for fatal accident compensation will not result in criminal punishment of the negligent party. Whilst you will be able to gain an explanation of the accident, and can lay blame for the accident, this should not be confused with the criminal prosecution law.

People that sign up to package holiday deals are expecting to receive an excellent service in return for their hard earned money. The holiday brochures are styled attractively and provide an image of safety and enjoyment. What they do not sign up for is becoming injured under the care of the holiday package organisers. Unfortunately, due to the failure on the part of the organisers, accidents do occur, and in these situations there is a right to claim for compensation.

Ever since the UK Packaged Holidays and European Legislation have been passed, it is now easier than ever to make a claim. The Package Travel, Package Holiday and Package Tour Regulations 1992 and the 4th European Union Motor Directive 2003 allow you to submit a claim in the UK for injuries that you have sustained in an accident abroad.

Accidents that occur on an organised package holiday

If you suffered an accident whilst on an organised packaged holiday, your claim for compensation can be successful if you can prove that it was the fault of the package holiday organiser.

Your injury could have occurred in a number of different ways. Most people fail to realise that even a minor glitch in safety standards can result in an accident occurring. If the hotel floors are slippery, or the transport provided by the tour operators is not checked over thoroughly, you may suffer an accident. Similarly, if the food is prepared negligently, you may end up with food poisoning. In all of these situations it will be possible to make a claim if you can prove that you suffered your injury as a result of someone else.

The tour operator of your package holiday is responsible for ensuring that each part of the ‘package’ meets the required standards of the consumer. This means ensuring that your accommodation is safe and fit for purpose. The accommodation should be checked over for any risk from injury, infection, or disease. However, it must be noted that the tour operator’s liability will not extend to activities that are arranged externally by you, i.e. activities that are not included as part of the holiday package deal.

The types of claims can include:

Suffering an injury as a result of defective flooring in a hotel

Suffering from a accident whilst on an excursion as part of the tour packager

Sustaining an injury whilst participating in a sporting activity

Unhygienic food preparation resulting in food poisoning

Falls, trips and other injury whilst on hotel premises

Non-Package Holidays

If you have suffered an injury through a non-packaged holiday, it may still be possible to claim for compensation. This can be quite tricky and will depend on a number of factors. For example, the country where your injury occurred will impact the way your claim is dealt with, as different countries are governed by different laws. In these situations, it is best to contact your personal injury solicitor who will help assess your claim and advise you on your best course of action. Our solicitors will assess your case, and aim to establish who was responsible for your injury. We will aim to help you gain the best compensation possible.

People spend a large amount of time at work; therefore it is important that the working conditions are set to an appropriate standard. Despite this, industrial and work place accidents occur on a regular basis. The statistics indicate that, there are around 1.6 million injuries each year and 2.2 million cases of ill health caused or made worse by work. As this figure demonstrates, it is important that the employee has rights available to claim for damages against their employer if an accident or injury occurs.

As the employer is directly responsible for ensuring safe conditions at work for the employee, if for some reason the employer fails in this duty, then the employee will be able to claim damages against their employer. Some of the main responsibilities of the employer include:

Checking the suitability of the working environment

Providing safe premises and appropriate materials and equipment

The Health and Safety at Work Act 1974 states that It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees. Therefore, it is the employer’s responsibility to ensure that their employees are safe from hazardous environments.

The most of the widely reported incidents involving accidents and injuries at work are due to a failure on the part of the employer to provide safe working materials for the employee. Common accidents and injuries that occur at work are usually due to the negligence on the part of the employer in ensuring safe working materials.

The Work Equipment Regulations Act

In reference to The Work Equipment Regulations 1998 Act work equipment is defined as meaning any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not). Use in relation to work equipment means any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning. It is the employers responsibility for necessary assessments to be taken in order to reduce potential health risks for the employee.

The employer should make certain that the equipment provided will be fitting for its purpose, and appropriate steps should be taken to reduce any risks of any effect the machinery/equipment may have on the health of the employee. In carrying out these assessments the employer should observe:

The overall working environment and conditions

Any potential for health hazards that could risks caused by the premises and;

A detailed analysis of the equipment

If any areas of concern are found as part of the assessment proceedings, as part of the assessment proceedings, the employees should have a right to be notified of any risks to their health and safety highlighted by the assessments.

Defence of Contributory negligence as a defence for employers

A common example of this is when the employee ignores the employers training on lifting heavy objects safely. The damages will have to reflect the employees share of the responsibility for the accident.Employers will be able to use the defence of contributory negligence if it can be demonstrated that the employee was at least partly responsible for their own injury. An instance of this is when the employee fails to heed the training of the employer on lifting heavy objects safely. The damages will be based on the employees share of the liability for the accident.