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Rubbish Bag Injury At Work Claims Guide

By Stephen Hudson. Last Updated 29th June 2023. This guide will help you if you have experienced a rubbish bag injury at work because your employer acted negligently. Tasks such as taking a rubbish bag out can be hazardous, especially if a workplace does not properly dispose of hazardous materials or sharp instruments. We created this resource to explain what you could do after a rubbish bag accident at work.

Rubbish bag injury at work claims guide

Rubbish bag injury at work claims guide

Please contact Legal Expert today to see if you could claim compensation for a rubbish bag-related injury. A skilled lawyer can work on your case if you have enough evidence to support your claim. Moreover, you can make a No Win No Fee claim, so you won’t have to pay a solicitors fee upfront. Use the contact details below to contact our team.

Select A Section

  1. What Is A Rubbish Bag Injury At Work?
  2. Preventing Accidents In The Workplace
  3. Types Of Rubbish Bag Injury At Work
  4. How To Claim For A Workplace Injury
  5. What Evidence Do I Need When Claiming For A Trip And Fall At Work?
  6. Settlements For A Rubbish Bag Injury At Work
  7. Discuss Your Claim With Our Team

What Is A Rubbish Bag Injury At Work?

Under the Health and Safety at Work etc. Act 1974, employers are responsible for their workers’ health, safety and welfare while at work. Therefore employers should take reasonably practicable steps to manage risks to their employees. Failure to do so is a breach of their duty of care.

Not all injuries in the workplace will be grounds for a claim. In some cases, an accident could occur that your employer could not have seen or prevented.

Some of the things that employers can do to prevent the risk of their workers being injured include:

  • Maintaining good housekeeping by ensuring that clutter (including refuse bags) is cleared away
  • Providing personal protective equipment (PPE) that staff members need to carry out their role safely
  • Providing training to staff so that they can safely carry out their required roles
  • Carry out risk assessments for activities that carry the potential to cause harm

Preventing Accidents In The Workplace

As we have mentioned, employers must follow health and safety legislation to prevent accidents in the workplace. There are several pieces of legislation that could be relevant in these kinds of claims.

The Control of Substances Hazardous to Health Regulations 2002 requires employers to reduce the risk of their workers being harmed by hazardous materials. Exposure to hazardous substances should be avoided wherever possible.

What’s more, The Personal Protective Equipment at Work Regulations 1992 requires employers to supply their workers with protective equipment and clothing that they require in order to do their job safely. Employees disposing of chemicals may require safety goggles, protective gloves or respirators to do so safely. Failure to provide employees with the correct PPE can cause illness or injuries.

If you would like to know whether you could claim for a rubbish bag injury at work, speak with an advisor today. If they feel you have a valid claim, they could connect you with a No Win No Fee solicitor.

Types Of Rubbish Bag Injury At Work

Below, we have included examples of how rubbish bag accidents at work could be caused by negligence.

  • If a rubbish bag splits and a heavy object falls out, the accident could crush a worker’s foot, potentially causing a broken toe or foot injury.
  • A worker can suffer from chemical burns if their employer has disposed of corrosive chemicals improperly.
  • A worker could inhale toxic fumes and become ill if their workplace neglects to dispose of hazardous substances appropriately.
  • If a worker trips and falls over a rubbish bag, they may experience broken bones or soft tissue injuries.
  • Likewise, manual handling accidents caused by heavy objects in rubbish bags can cause back injuries.
  • If a sharp or needlestick injury occurs, the worker may contract a bloodborne disease such as hepatitis.

This is not an exhaustive list of the ways that negligence could lead to a rubbish bag injury at work. If you’d like an advisor to tell you if you could be eligible to claim, get in touch today.

How To Claim For A Workplace Injury

If you were injured at work, you might be eligible to claim compensation. To meet the criteria to claim for an accident at work, you will need to prove that your employer owed you a duty of care and that they breached this, resulting in you sustaining harm.

In some cases, you might be responsible for an accident that left you injured. For example, you may have been given the appropriate PPE to use when disposing of hazardous substances but chose not to wear it. If you sustained a needlestick injury as a result of this, then your employer may not be deemed liable; if this is the case, you’d be unable to claim.

To start a rubbish bag injury claim, you will also need to be within the personal injury claims time limit. The time limit to start a claim is generally three years from the date of the accident or the date you connected negligence with the injuries you sustained.

There can be variations to this time limit, however. To see if one of these exceptions applies to your case, please feel free to call us today. If your case is valid, you could be connected with a No Win No Fee lawyer.

What Evidence Do I Need When Claiming For A Trip And Fall At Work?

When making a personal injury claim for a trip and fall at work caused by a bag of rubbish, you will need evidence that can support your case. Evidence that could support your claim may include the following:

  • Medical records that confirm your injuries and the treatment you received for them.
  • A copy of a report about your trip and fall in the work accident book.
  • Photos of the accident scene at work and your injuries.
  • Any CCTV or other video footage available of your work accident.
  • The contact details of any witnesses that could provide a statement.
  • If you are looking to claim for any financial losses or expenses as special damages, you could also gather evidence of this. Examples may include receipts and payslips.

If a work accident solicitor is supporting your claim, then they could help you with gathering evidence for your case. To find out if you could be eligible to work with one of our solicitors, you can contact our advisors.

Settlements For A Rubbish Bag Injury At Work

If you were injured while at work as a result of employer negligence, you could be entitled to claim. In the event that your case is successful, you can receive up to two heads of claim.

  • Firstly, you will receive general damages in a successful case, which is compensation for the pain and suffering caused by any physical and mental harm you sustained.
  • Secondly, you can receive special damages that recompense you for any costs or losses associated with your injuries.

If you are wondering how much you could claim for your work-related injuries, you could look your injuries up on our table. The table should give you a good indication of what your general damage payout could be. We have used the 16th edition of the Judicial College Guidelines to create the table, which legal professionals use to help them when assigning a value to a claim.

Edit
Type Of Injury Possible Compensation Injury Notes
Kidney Injuries £169,400 to £210,400 Both kidneys are lost or there has been serious and permanent damage to both kidneys.
Kidney Injuries Up to £63,980 The person is left with significant risks of developing infections of the urinary tract.
Kidney Injuries £30,770 to £44,880 One kidney has been lost, whilst the other has not been impacted.
Wrist Injury £47,620 to £59,860 The person has lost the use of their wrist and may need to have surgical treatment.
(i) Moderate Knee Injuries £14,840 to £26,190 Knee injuries which could involve a dislocated joint, cartilage tears or other tears which result in minor instabilities.
(ii) Moderate Knee Injuries Up to £13,740 The person could have suffered twisting injuries, bruising or lacerations.
Modest Foot Injuries Up to £13,740 The person could have experienced straightforward injuries to the foot such as a laceration or fracture.
Moderate Hand Injury £5,720 to £13,280 Penetrating wounds, crush injuries, soft tissue injuries as well as deeper lacerations.
Elbow Injuries Up to £12,590 The bulk of elbow injuries will fall into this category. It may include lacerations.
(iii) Traumatic Injuries To The Digestive System £6,610 to £12,590 Penetrating wounds to the digestive system.

Because every accident claim is different, you may not receive exactly the same amount of compensation as the brackets in the table indicate. So, please call Legal Expert, and our team can accurately value your claim. The compensation table does not include special damage payments.

Special damages can cover costs like:

  • The cost of medical treatment
  • Loss of earnings, including future earnings
  • Home and vehicle adaptations

Other costs could be included as part of a special damages payment. You should provide evidence of special damages to give yourself the best chance of being fully compensated. Evidence could include invoices, receipts or bank statements.

For more information on the process of claiming general and special damages, speak with our team today. If you have a valid rubbish bag injury at work claim, you could be connected with a No Win No Fee lawyer.

Discuss Your Claim With Our Team

You may wish to claim compensation but be reluctant to pay upfront legal fees to fund the services of a solicitor. Paying a solicitor upfront without any guarantee of receiving compensation at the end could pose a financial risk.

For this reason, a No Win No Fee agreement is a popular solution for claimants. When you make a claim with a Conditional Fee Agreement in place, there is generally no solicitors fee to pay upfront or as the claim progresses, and you usually won’t pay your lawyer if the claim fails. A Conditional Fee Agreement is a popular kind of No Win No Fee agreement.

If you are awarded compensation, then your lawyer will deduct a legally-capped success fee from your settlement. This legal limitation entitles you to the majority of the settlement awarded to you.

Please call Legal Expert’s helpline to learn more about the benefits of a No Win No Fee arrangement. Our advisors will be happy to speak to you about your rubbish bag accident at work. If our team believe you are eligible to claim compensation for a rubbish bag injury at work, they can provide you with a skilled personal injury lawyer. Enquire now using the contact information below.

Related Workplace Accident Claims

We have provided these resources, which may be helpful if you were injured in an accident at work.

How Much Compensation Can I Claim For A Knee Injury?

Defective Work Equipment Injury Claims How Much Compensation?

Factory Accident Claims – The Essential Guide

Below, we’ve included some external resources that could help:

Using personal protective equipment (PPE) to control risks at work – an HSE guide

Handling sharps in adult social care – Guidance from the Care Quality Commission

The causes and symptoms of a broken toe – an NHS guide

If you have any more questions about claiming compensation for a rubbish bag injury at work, please contact us now.

Written by Chelache

Edited by Stocks

How Is A Cosmetic Injury Claim Calculated?

By Cat Way. Updated 5th June 2023. In this article, we discuss what you can do if a plastic surgeon or beauty therapist was negligent and performed a procedure that went wrong. You can learn more about starting a cosmetic injury claim and seeking damages for a botched job in our guide below.

How is a cosmetic injury claim calculated guide

How is a cosmetic injury claim calculated guide

Compensation claims must be based on fact. It is not sufficient to ‘feel’ that the doctor or beauty therapist may have delivered substandard care to you. All procedures carry an inherent risk of not going as planned and not every issue can be reasonably blamed on the person treating you. However, mistakes do happen and if you have proof that your cosmetic procedure caused avoidable harm, speak to our team to see how we could help:

  • Call us on 0800 073 8804
  • Email or write to us at Legal Expert
  • Speak to our online advice live support team in the box below

Select A Section

  1. What Is A Negligent Cosmetic Procedure Injury?
  2. Negligent Cosmetic Surgery Procedures
  3. Treatment Of Chemical Burns
  4. Negligence In Beauty Salon Treatments
  5. Cosmetic Injury Claims Calculator
  6. Could I Also Claim Special Damages?
  7. No Win No Fee Cosmetic Injury Claims
  8. Learn More

What Is A Negligent Cosmetic Procedure Injury?

Clinical negligence is when a medically trained physician does not perform within the standards of their profession causing harm that could have been avoided.

Obviously, a procedure such as breast implants, botox or liposuction all carries risks as does any medical surgery needed for treating an injury or illness. For suffering caused by a risk of surgery that was pre-explained, there would be no valid reason to make a claim as medical negligence has not occurred.

However, it is part of the clinician’s duty of care to you as their patient to take every possible precaution. Risks must be fully explained beforehand and the level of treatment must meet minimum standards. Therefore, if your breast implant surgery went wrong as a result of negligence, you could be eligible to make breast implant claims.

The General Medical Council regulates registered doctors. To practice medicine, all doctors must be registered with the GMC. The Medical Act 1983, established the GMC as the statutory body.

Failure to be registered or to deliver the approved standard of care as set by the GMC could mean they are liable for any injury you incurred because of negligence on their part. Furthermore, the British Association of Aesthetic Plastic Surgeons (BAAPS) is an organization committed to educating and advancing surgical skills in this area.

Negligent Cosmetic Surgery Procedures

It’s essential that certain steps are taken before, during and after a client has consented to a cosmetic or plastic surgery procedure. Any relevant medical history has to be considered as past surgeries or treatments may have a bearing on what you are having done. Negligence could start here if the clinician fails to properly assess your suitability for a particular treatment. There are some common cosmetic procedures available:

  • Breast surgery (enlargement / reduction)
  • Laser eye surgery to correct vision
  • Rhinoplasty (nose job)
  • Ear, eye, brow surgery or lifts (facelifts)
  • Tummy tuck
  • Chemical peel and skin treatments
  • Botox and derma filler
  • Breast augmentation (either reduction or enlargement)
  • Penis enlargement surgery

Any of these procedures can go wrong with inexperienced or untrained staff. Breast implants can be the wrong size or material, causing serious illness. Botox injections can paralyse the face if administered incorrectly. A ‘tummy tuck’ or abdominoplasty can injure internal organs. Even the simple act of styling hair can go wrong if the client suffers an allergic reaction.

It is really important that no matter what procedure you are having done, it is done by a qualified, registered practitioner. The standard of care should never fall below what is expected as this can allow for harm that could have been avoided. If this has impacted you, our team can explain how to start a cosmetic injury claim. You may be owed compensation.

Treatment Of Chemical Burns

Chemical burns can be a common problem in both hairdressers and other beauty procedures. They can be caused by allergic reactions or faulty products.

Proper skin tests and consultations should always be conducted before anything potentially hazardous comes into contact with you. There are some common causes of chemical burn incidents:

  • Hair treatments that contain caustic chemicals
  • Suntan products that contain sodium hydroxide
  • Depilatories (hair removal creams) containing sodium hydroxide
  • Hair-styling products also containing hydrogen peroxide
  • Any products containing ammonia

In doing patch tests, professionals who follow these guidelines ensure that you are less likely to suffer a chemical burn. Those who do not are placing you directly at risk. Burn compensation claims against either a beauty salon or a freelance hairdresser may be pursued for harm caused by negligence. Call our team today to find out if you can claim for plastic surgery.

Negligence In Beauty Salon Treatments

Anyone who administers beauty treatments had a duty of care under the Occupiers Liability Act 1957. Whether you will make a medical negligence claim or a personal injury claim will be determined by whether the person who carried out the procedure was medically trained or not.

Procedures such as botox or derma fillers can cause a reaction. A badly handled chemical face peel can cause serious burns on the face of someone when the procedure is carried out wrongly.

To hold a valid claim for cosmetic surgery negligence compensation you would need to provide evidence that proves that the treatment you received was below that of industry standards and that the harm you suffered was caused by this negligence.

Cosmetic Injury Claims Calculator

When you approach the calculation of a cosmetic injury claim, it may not always be obvious what you could claim damages for. Very often you will be invited to an independent medical assessment. Here an expert can then deliver an opinion of the kind of suffering you have been caused and whether this will continue into the future. Your solicitor will refer to a publication called the Judicial College Guidelines to see what award brackets are appropriate. The chart below gives an idea:

Edit
injury severity JCG award bracket notes
Facial disfigurement (a) very severe scarring £29,780 to £97,330 in young claimants where the cosmetic impact is particularly distressing
Facial disfigurement (b) less severe scarring £17,960 to £48,420 substantial scarring and significant emotional damage
Facial disfigurement (c) significant scarring £9,110 to £30,090 worst effects reduced by plastic or cosmetic surgery, with a less debilitating psychological reaction
Facial disfigurement (d) less significant scarring £3,950 to £13,740 one scar that can be camouflaged or very small scars that are easy to live with
Facial disfigurement (e) trivial scarring £1,710 to £3,530 minor effects from which a recovery can be made or no serious impact caused
Post-traumatic stress disorder (PTSD) moderate £8,180 to £23,150 largely recovered from the effects but still disturbed by the experience
Psychiatric damage moderately Severe £19,070 to £54,830 the level of anxiety and stress that could be perhaps caused by an irreversible facial disfigurement

The physical and the emotional effects of plastic surgery that has gone wrong are covered by general damages, as illustrated in the table above. Special damages, the second head of claim you can pursue, covers the financial impact of your injuries. For example, you could claim back the cost of travel expenses to and from hospital appointments, or claim back the cost of any cosmetic aids or devices you may need as a result of your injuries.

There are no guaranteed compensation amounts. These figures only represent potential awards. As an alternative, you can use our compensation calculator, or contact our team of advisors for a free estimation of what your claim may be worth.

Could I Also Claim Special Damages?

Following a successful cosmetic surgery compensation claim, you may also be awarded special damages. This head of claim compensates you for financial losses you experience as a result of your injuries.

For example, if you require time off work to recover from your injuries, this could result in a loss of earnings. Under special damages, you could potentially claim these lost earnings back.

This head of your cosmetic surgery claim could also help you recoup the cost of:

  •   Medications, both prescription and over-the-counter.
  •   Cosmetic aids.
  •   Essential travel.
  •   Childcare

In order to claim under this heading, you will be required to offer proof of your financial losses. Because of this, keeping any relevant bills, receipts, or invoices related to your injuries can be helpful.

To find out if you could be entitled to make a claim for cosmetic surgery or a cosmetic treatment gone wrong, contact our team of advisors today.

No Win No Fee Cosmetic Injury Claims

Suing a beauty clinic or a freelance practitioner may feel like an extreme or daunting step. But it’s important to remember that if your injuries were due to their negligence you have a right to hold those liable responsible for your losses. You can begin a cosmetic injury claim today by working with a personal injury lawyer under a No Win No Fee agreement. What are the benefits of an agreement like this? There are many:

  • No upfront fees payable to your solicitor
  • Nothing to pay the solicitors as the case moves forward
  • No charge from your solicitors if your case fails
  • If your case wins, a small percentage from your settlement pays their fees
  • This is due after you have received the compensation award
  • This amount is capped low by law
  • Your lawyer handles every aspect of the case on your behalf
  • They can understand the legal-jargon
  • And respond to your claim with the attention it deserves

A No Win No Fee agreement means that you can secure the services of a skilled cosmetic surgery solicitor with no upfront or ongoing fees. Provide them with as much detailed information to prove your claim and they can do the rest. Anyone is free to start a claim for themselves, you do not legally need a lawyer to do this. But it makes far more sense to work with a professional who has the skill and expertise to fully evaluate your claim and help you get the maximum award possible.

Contact our advisors and they could run through a quick, no-obligation assessment of your cosmetic injury claim. They can connect you with excellent cosmetic surgery solicitors at no upfront cost today.

Start Your Cosmetic Injury Claim

A cosmetic injury claim may be easier to arrange than you think. As mentioned, solid evidence must underpin your case, but with the right evidence, it can be possible to connect with No Win No Fee cosmetic surgery solicitors to help. At Legal Expert, we endeavor to streamline this process for you and explain how you could access the compensation and justice you deserve right now. Begin your cosmetic surgery negligence claim by:

  • Calling us on 0800 073 8804
  • Emailing or writing to us at Legal Expert
  • Speak to our online advice ‘live support’ team in the box below

For More Helpful Guides:

Written By Waters

Edited By Melissa.

If You Were Hit By A Stolen Car Who Pays For The Damage Caused?

If you have been hit by a stolen car, you may have found the experience distressing. You may have sustained damages to your vehicle and suffered injuries as a result of the accident. Therefore, you may wish to claim compensation for any damages caused.

It is possible to claim compensation if you were hit by a stolen vehicle and caused injuries. However, the claims process is more challenging than if the driver were the vehicle owner. In this guide, we will answer questions such as, “I was hit by a stolen car, who pays for the damages?” We will also explain the challenges of claiming compensation for a road traffic accident involving a stolen or uninsured vehicle.

Who Pays For The Damage And Injury Caused By Stolen Cars?

Hit by a stolen car who pays for the damage caused guide

Hit by a stolen car who pays for the damage caused guide

If you were hit by a stolen car, an experienced solicitor would understand the complexity of your case. Legal Expert can connect you to a skilled personal injury solicitor to handle your car accident claim. Our solicitors have up to three decades of experience handling compensation claims. What’s more, we can handle your case as a No Win No Fee claim.

Contact us today to begin your car accident compensation claim. Call our claims helpline for free on 0800 073 8804. Or you can email us via our website.

Select A Section

If You Were Hit By A Stolen Car Who Pays For The Damage? Find Out In Our Guide

Drivers owe other road users a duty of care. Therefore drivers are responsible for driving in a safe manner that upholds the safety of everyone else on the road. If a driver is responsible for causing an accident, the person injured can usually claim compensation for their injuries. The injured person may be a driver of another vehicle, a passenger, pedestrian or any other type of road user.

The compensation payout will include damages for any injuries caused. In some cases, the compensation payout will also pay for damages to the claimant’s vehicle and other expenses. The fault driver’s insurer will pay the compensation. However, if you have been hit by a stolen car, who pays for the compensation? The Motor Insurers Bureau MIB can be contacted and claimed through when a stolen or uninsured vehicles hit yours and causes damage and injury. We explain more about this as we go through the guide.

This guide will explain what happens if you are hit by a stolen car. We will also advise you on what to do if an uninsured driver hits you. If you wish to claim compensation for injuries sustained in a car accident, don’t hesitate to contact Legal Expert today. If we can see that you are owed compensation, we connect you with a skilled lawyer to handle your claim.

What Is An Accident Involving A Stolen Car

An accident involving a stolen car is often caused by reckless driving. A car accident can happen if the driver comes off the road or collides with another vehicle. What’s more, a vehicle accident can also take place if the driver hits a pedestrian, a cyclist or another road user.

Road traffic accidents can happen at junctions if a driver pulls out without giving way to the oncoming car. Similarly, a driver can hit a cyclist or motorbike rider at a turning if they fail to use proper observation techniques. In addition, rear-end collisions can happen if the car drives too close to the car in front of it. Rear-end shunts can cause whiplash and other injuries.

How Many Cars Get Stolen In The UK Per Year?

This Office for National Statistics has produced some figures in relation to vehicle crime for England and Wales. From April 2019 to March 2020, 10 incidents of theft and /or damage caused by stolen vehicles costs between £500-£999. Additional 2 incidents for the same category cost between £5000 and £9,999. According to the source below altogether for the UK, there were 74,769 recorded vehicle robberies.

Source: https://www.mirror.co.uk/money/15-cars-most-likely-stolen-23402451

What Is The Motor Insurer’s Bureau?

The Motor Insurer’s Bureau (MIB) is an organisation set up to pay compensation to people who an uninsured driver or untraced driver hit. The MIB was established in 1946, it is funded by insurance premiums.

In the UK, all drivers are legally required to have motor insurance. According to the Motor Insurance Bureau, there are one million uninsured drivers on the roads today. Therefore the MIB compensates, those who have been hit by drivers who do not have insurance cover. A driver who has stolen a car won’t have motor insurance.

Moreover, the Motor Insurance Bureau also offers untraced driver compensation. Whereby car accident victims can claim compensation if an untraced driver has hit them. This type of accident is also known as a hit and run accident. A driver may flee the scene of an accident because the vehicle is stolen, or they are not insured.

If you have been hit by an uninsured driver you may still be able to claim compensation. You can potentially claim compensation from the Motor Insurance Bureau. Trust Legal Expert to handle your compensation claim. Our solicitors can negotiate with the MIB to ensure you receive the right amount of compensation. Contact us today to begin your claim.

Who Is Liable For Stolen Car Accidents?

Being injured in a car accident can be a distressing experience, especially if the accident was caused by the other driver showing little regard for your safety. But if you were hit by a stolen car, this adds a further layer of complexity to the case. If you were hit by a stolen car, who pays for the damage?

Here is where the Motor Insurance Bureau could potentially help. Please collect as much evidence as possible to support your claim.

How Do You Show Who Is Liable?

How is liability established following a car accident? Just because a stolen car or insured vehicle is involved in an accident will not automatically mean they are at fault. The MIB or insurers will still want to find out who is liable for the accident. If you are in a collision with an uninsured driver it does not automatically qualify you for compensation. As if you are liable for the accident the MIB would not pay you out.

Causes of road traffic accidents include the following:

  • The driver didn’t obey the speed limit.
  • Or the driver didn’t observe traffic signals.
  • Or the driver proceeds forward when it is not their right of way.
  • The driver does not give way properly at a junction. Consequently, the driver could pull out into oncoming traffic.
  • On the other hand, a driver does not check their side mirrors before turning. Subsequently, the car could hit a bike or motorbike as they turn.

To claim compensation, you need to show that you did not cause the accident. This evidence can include information from the police report, CCTV footage, dashcam footage and eyewitness statements.

Is Your Claim Affected By Criminal Proceedings?

An individual who has stolen a car has committed a criminal offence. The investigation generally should not prevent you from making a claim through the MIB. However, you would still need to establish liability. If liability was in question, meaning who caused the accident, this may cause a delay while further investigations are undertaken.

Claiming compensation for an accident involving a stolen car can be complicated. A claims advisor can speak to you about claiming compensation for injuries caused by an accident in a stolen car. Please feel free to call our claims helpline to discuss the matter with an advisor.

How Long Do You Have To Make A Claim?

Normally there is a three-year time limit to make a personal injury claim. The time limit starts at the time that the accident happened. Or the time limit begins when you realised that you had been injured or your injury was caused through negligence. There are exceptions to this rule especially for cases involving children and those who do not have the mental capabilities to claim for themselves.

If you make a personal injury claim through the Motor Insurance Bureau, the personal injury claims time limit is three years. We recommend that you contact Legal Expert as soon as possible to avoid falling outside of the personal injury claims time limit.

Hit By A Stolen Car Who Pays For The Damage – Calculating Compensation

If you make a successful personal injury claim your settlement can be made up of two Heads of Loss. These are general damages and special damages. This section looks specifically at general damages. General damages are awarded for the pain and suffering caused by the accident. They cover both physical injuries and mental suffering. The figures in the table are for general damages alone. Therefore the next section will look at losses and expenses.

How much compensation can you claim if you were hit by a stolen car? You can use the compensation table below to estimate how much compensation you may be eligible to claim for your injuries.

Edit
Category Of Injury Severity Possible Compensation Injury Assessment
Finger Injury (k) £13,970 to £15,330 Serious injuries which affect the middle or ring finger(s). The injury could be a broken bone or damage to the tendon.
Wrist Injury (a) £44,690 to £56,180 The injury is serious enough to have caused this person to have no useful function in the wrist.
Hand Injury Serious (e) £27,220 to £58,100 Serious injuries to the hands reduce the usefulness of the hand by as much as half. Examples of the injury could be having lost several fingers which are then reattached.
Hand Injury Less serious (g) £13,570 to £27,220 The hand injury is less serious but has still reduced the function of this person’s hand.
Other Arm Injury Severe (a) £90,250 to £122,860 These are serious degrees of injury to the claimants arm. This injury does fall short of requiring amputation, but the arm can not be used.
Neck Injury Moderate (i) £23,460 to £36,120 There could be a dislocated neck injury which leads to immediate symptoms affecting the claimant. The person will need immediate healthcare.
Back Injury Severe (ii) £69,600 to £82,98 There is a category of injury above and below this category for more or less severe injuries. Injuries fitting into this bracket may include some special circumstances.
Severe Leg Injury Very Serious (ii) £51,460 to £85,600 A victim could have sustained a leg injury which causes permanent problems with mobility. The claimant could need a mobility aid.
Foot Injury (d) £39,390 to £65,710 This may include circumstances where you have broken both heel bones (heel bone in both feet). As a result of this, your mobility could be restricted.
Foot Injury (g) Up to £12,900 More modest foot injuries such as ruptured ligaments or broken bones.

The compensation payouts in this table are based on guidelines from the Judicial College. This publication is often used by legal professionals in England and Wales to hone in on a value for different kinds of suffering. The figures have been depicted from past cases.

Please be aware that the compensation paid out can vary from case to case, based on individual circumstances. For a personalised quote, please call our claims helpline today to speak to an advisor.

Special Damages Awarded For Stolen Car Accidents

As we said previously a settlement will be made up of damages. General damages are compensation for the pain and suffering the injuries have caused. General damages can include compensation for psychological injuries. Such as compensation for anxiety after a car accident.

Moreover, some claimants also receive special damages. Special damages are compensation to repay you for any out of pocket expenses caused by your injuries. You must provide evidence of special damages. This can include receipts, bills and bank stamens.

Below are some examples of special damages you could claim:

  • Property damage
  • Car repair costs
  • Loss of income
  • Care expenses
  • Medical expenses
  • Mobility equipment costs
  • Home adaptation costs
  • Travel expenses

Hit By A Stolen Car Who Pays Damages – No Win No Fee Claim?

A Conditional Fee Agreement or No Win No Fee agreement is one way to fund the services of your solicitor. When you make a No Win No Fee claim, you will not pay a solicitors fee before work begins on your claim. Rather, the solicitor will give you a Conditional Fee Agreement (CFA) to sign. A Conditional Fee Agreement is an agreement between you and your solicitor. It will state that you will pay a success fee if the claim is won. Therefore, if your solicitor does not win your claim, you will not have to pay a success fee.

There are many reasons why some claimants prefer to hire a solicitor that offers No Win No Fee terms. For example, the financial risk is may be lowered. The financial risk is lower because you will only pay your success fee if your injury claim succeeds. What’s more, the majority of your compensation payout will go directly to you.

In addition, many claimants find No Win No Fee is the more affordable option. No Win No Fee solicitors may be more affordable because your solicitor will deduct your success fee from your compensation payout. So, you don’t have to worry about paying your solicitor before work starts on your claim. To learn more about making a No Win No Fee claim, read our online guide today.

Contact Legal Expert

If a stolen vehicle has injured you, please contact Legal Expert today to begin your compensation claim.

  • Call us on 0800 073 8804 to speak with a legal advisor.
  • Or you can contact us in writing via LegalExpert.co.uk.
  • You also have the option to use our chat widget to speak to us directly.

Useful References

Thank you for reading this guide on, hit by a stolen car, and who pays your damages? You may also wish to read these resources to learn more.

Vehicle safety checks – a guide from THINK!

Information and guidance – Information for victims of road traffic accidents from charity Brake

Check someone’s driving licence information – A government resource

We also have some other guides on car accident claims that you may find useful:

Many thanks for reading our guide to what if you are hit by a stolen car, who pays for the damages?

Written By Cheleache

Edited By Melissa.

Pregabalin Wrong Medication Claims Guide

By Stephen Hudson. Last Updated 23rd February 2023. If you are given Pregabalin as wrong medication, negligence may have been the cause. This guide will explain when a claim could be possible in such circumstances. We look at how pharmaceutical mistakes are made, what happens if you take too much of a medication, what the Pregabalin side effects could be, and other factors.

Pregabalin wrong medication claims

Pregabalin wrong medication claims

Read on to learn more about how Pregabalin wrong medication negligence is defined. The requirements for claiming compensation for a prescription error will also be explained. We’ll also discuss what kinds of damages you may be able to claim for and potential payouts for illnesses caused by a prescription error.

If you are looking to start a claim for a medication error, then you can choose to contact a solicitor who can help you. We’ll also talk about the benefits of claiming with a No Win No Fee solicitor within this guide.

If you would like to speak to an advisor about claiming for a medication error involving Pregabalin Milpharm, you can speak to the Legal Expert team. Our advisors can be called on 0800 073 8804. You can also reach them online by using either our contact form or our live chat service.

Select A Section:

What Is A Prescription Error?

Prescription errors are a specific type of clinical negligence that is based on mistakes made when disbanding prescription medication. You might state that:

  • You have taken the wrong amount of medication because the instructions on the bottle were wrong.
  • I have taken too many tablets because there was no clear indication of how many I should take on the packaging.
  • The wrong dosage of medication has been taken because I was given the wrong dosage tablets.

There are many more shapes that clinical negligence involving prescription medication can take, and these include:

  • Being given medication that was meant for another pharmacy customer.
  • Your GP prescribing medication that you have a known allergy to.
  • Being prescribed medication that has a known interaction with another drug you are taking.
  • A pharmacist giving you the wrong medication because it was picked incorrectly by the pharmacy staff.

Potential Issues When Prescribed Pregabalin And How To Claim For Them

Pregabalin is a medication that should only be taken if you’re prescribed it because it’s medically needed. The NHS explains that Pregabalin may be prescribed to treat epilepsy, anxiety or nerve pain.

If you are prescribed this medication by mistake or the pharmacy mixes up your medication or the dosage, it could cause ill health. This is especially true if you are allergic to the ingredients found in Pregabalin.

To make a successful claim if you are affected by a Pregabalin prescription error, negligence must be proven. Also, you must have suffered harm as a consequence.

Could I Make A Pregabalin As Wrong Medication Negligence Claim?

To make a valid claim you will need to prove that the medical professional has failed to meet their duty of care towards you. This can be summed up as:

  1. The medical professional had a duty of care towards you.
  2. This duty of care was breached, and this indirectly or directly lead to the harm you suffered.
  3. If the medical professional had taken alternative action, you would not have been harmed.

Put simply, if a medical professional does something to harm you that was avoidable, then you could be in a position to make a compensation claim. However, suffering side effects from Pregabalin is not a reason to make a compensation claim if the medication was correctly prescribed for you. If you are confused about this, and whether you might have a valid claim, please do feel free to talk to one of our expert advisors for some clarification.

Prescription Mistake Compensation Payouts

The table below uses generic terms to try and show how different severities of illnesses could attract different amounts of compensation. Although the symptoms might not fit your illness exactly, you should be able to make a comparative selection and look up the level of damages you might receive. This table is based on data that is published by the Judicial College in England, as part of its guidelines.

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Health Issue Compensation Notes
Illness (i) £38,430 to £52,500 This would be some form of severe illness, that will require the victim to be hospitalised to treat. Symptoms such as a high fever, dehydration, severe abdominal cramps, etc. would last for some time.
Illness (ii) £9,540 to £19,200 This would be some form of serious illness, with painful and dilapidating symptoms. The victim may require hospitalisation to deal with the medical condition.
Illness (iii) £3,950 to £9,540 This would be some form of moderate illness, food poisoning for example, that would have symptoms such as fatigue, moderate fever, sickness, diarrhoea, etc. The main symptoms would clear up in weeks, with some lingering for a year or two.
Illness (iv) £910 to £3,950 This would be some form of minor illness, with symptoms such as cramps, sickness, impaired bowel function, etc. that would clear up within a few weeks.

You could also try using an online personal injury claims calculator tool to get a rough idea of how much you might be able to claim. These tools and the table above only take in to account one part of the claim. Alternatively, talk to our team to start arranging for a solicitor to value your claim.

Special Damages For Injury Or Illness Caused By Prescription Errors

When you make a successful medical negligence claim, you will either be awarded a settlement in court or offered one out of court, that will be made up of possibly several different types of damages. Firstly, there are general damages, paid to you to make up for all the pain and suffering you had to face. Examples of general damages can be found in the table above. This would include the pain of the illness itself, any trauma caused by treatment, and long-lasting medical conditions that will affect your life. As examples:

  • If you will suffer a long-term impairment.
  • For the pain and suffering your symptoms caused.
  • To make up for the trauma of invasive treatment.
  • New psychological issues such as anxiety or depression.

The flips side of general damages is special damages. These are all paid for non-physical reasons. You may wish to claim for monetary loss. if you do you need to back up your claim with evidence of this loss. Special damages might be claimed for:

  • Loss of lifetime income potential.
  • Loss of wages or salary, partially or in full.
  • The cost of private medical care.
  • Ad-hoc, out of pocket payments.
  • To pay for hiring a nurse or professional carer.

If you talk to one of our team members, they will be able to give you a rough idea of the types of damages you might be able to pursue.

No Win No Fee Pregabalin Wrong Medication Negligence Compensation Claims

If you have strong grounds to make a wrong medication negligence, there are certain ways we could potentially support your claim. We could potentially provide you with an expert medical negligence solicitor to make your clinical negligence claim. Our solicitors work under No Win No Fee agreements. The benefits of this include no fee upfront to pay your solicitor. They will also not expect you to pay them any fees during the time it takes them to process the claim. And if the claim is not successful, and you receive no compensation, then the solicitor usually won’t ask you to pay their legal fees.

If the solicitor does win your claim, a percentage will be taken from the compensation. The fee is limited. If you have any more questions about this legal service, all you have to do is reach out to one of our claim experts on the number below.

Contact Us To Start Your Wrong Prescription Claim Today

Have you been given Pregabalin as wrong medication due to negligence? Did this pharmaceutical mistake lead to you suffering some form of physical harm? In some circumstances, we could be able to provide you with an expert negligence solicitor to process your claim for you. Please contact our claims team on 0800 073 8804. One of our advisors will talk through your possible claim with you and then provide you with some free advice about your legal options.

Pharmaceutical And Medical Claims Resources

You will find some other similar guides on this site, that may be worth reading over, such as:

Medical References

These external links have information that you might find to be useful:

Please note, we’re not medical professionals, nor do we advertise or promote that we are medically qualified in any way. Always see the guidance of a qualified medical professional with regard to your health. The information in the guide is not to be taken as medical advice.

Can You Claim For A Car Accident Without An Injury?

By Jo Greenwood. Last updated 11th July 2023. In this guide, we look at whether you could make a claim after a car accident despite not suffering an injury. To be able to make a personal injury claim, you need to prove that you have suffered an injury due to another road user breaching their duty of care. If you have not suffered an injury, you will not be able to make a personal injury claim.

However, later in this guide, we will look at how to make a car insurance claim for vehicle damage. We will also discuss whether you could make a claim for stress and anxiety after a car accident. Additionally, we will discuss the benefits of making a personal injury claim with one of our No Win No Fee solicitors.

If you would like to discuss what happens after a car accident, or if you have any other questions regarding your car accident claim, you can get in touch with one of our advisors. Our friendly team is available 24/7 to help you and offer free advice.

Contact an advisor today:

Car accident without an injury

Car accident without an injury

Select A Section

  1. What Is A Car Accident Without An Injury?
  2. What Should You Do After A Car Accident In Which No One Was Injured?
  3. When And How To Tell Your Insurance Provider About A Car Accident
  4. Can Someone Else Request Your Insurance details?
  5. Can I Claim If There Was No Injury?
  6. Compensation Payouts For Car Accident Claims
  7. Special Damages You Could Claim If Injured
  8. No Win No Fee Claims If Injured In A Car Accident

What Is A Car Accident Without An Injury?

According to the government’s statistics, in 2019, there were 216,381 vehicles involved in road accidents in the UK. While some of these may have caused injuries to road users, some may not have.

Further government statistics reveal that in 2019, there were 153,315 casualties reported in road traffic accidents, which represents a significantly lower figure than the number of vehicles involved.

Road traffic accidents could occur in a number of different ways. If you’re in an accident that wasn’t your fault, it could have happened due to:

  • Another driver’s failure to stop
  • Tailgating
  • A driver not paying due care and attention to the road
  • Drink/drug driving
  • Dangerous overtaking
  • Failure to judge speed and position
  • Unsafe use of a roundabout

These are just a few examples of accidents that may or may not cause injury. While you cannot make a personal injury claim for a car accident without an injury, you may be able to claim against insurance for damage to your vehicle and property.

What Is The Car Accident Claims Time Limit?

As we have previously stated, you must have suffered a physical or psychological injury to be able to make a personal injury claim. If you are eligible to make a compensation claim, you must adhere to the personal injury claims time limit. Under the Limitation Act 1980, you will generally have 3 years to start your claim. This runs from the date of the accident.

There are certain exceptions to this limitation period. For example, the time limit is temporarily frozen for those under the age of 18. From their 18th birthday, they will have 3 years to start a claim. However, prior to this date, a litigation friend could make a claim on their behalf.

To learn more about the other exceptions to this 3-year time limit for car accident claims, you can contact our advisors. They can also provide you with free advice on whether you could make a claim if you have not suffered an injury.

What Should You Do After A Car Accident In Which No One Was Injured?

The actions we advise you take after a car accident that has caused damage to property or people are as follows:

  • Stop your vehicle (it is an offence not to stop at the scene of an accident)
  • Switch your engine off
  • Put your hazard lights on
  • Check for injury to yourself and any passengers you’re carrying
  • Make a note of the fact that there aren’t any injuries to anyone or damage to vehicles in case a claim is put in. Take photos too.
  • If someone is hurt or the road is blocked, call the emergency services
  • Don’t admit fault until you are completely sure of what has happened. Shock and adrenaline could distort your thoughts and this could protect you from liability if the accident was not your fault.
  • Take photographs of the vehicles and the scene if possible
  • Take the details of any witnesses and the driver involved, as well as their insurance details

If no one has been hurt and there doesn’t appear to be damage to vehicles, you should still inform the police of the accident within 24 hours of it occurring. If you don’t report an accident, you could be fined and may receive points on your licence.

Criminal Offences After An Accident

Failure to stop after an accident that has caused property damage or injury and failure to report an accident could be considered criminal offences. You may be found guilty of either a failure to stop or a failure to report. In some cases, you could be found guilty of both.

The penalties you could get for each offence could be up to £5,000. You could also receive 5-10 penalty points on your licence. In some cases, the courts could even have to power to disqualify you from driving.

When And How To Tell Your Insurance Provider About A Car Accident

You should inform your insurance company about a car accident you’ve been involved in, even if it wasn’t your fault and you don’t intend to claim. If you’re not intending on making a claim, you should make sure to tell them you are making an ‘information only’ report.

This could ensure that your insurer doesn’t settle a claim with the insurance company of another driver without your knowledge.

How Do You Tell Your Insurance Provider About A Car Accident?

Whether the accident was or was not your fault, your policy documents should show you how the accident should be reported. Some insurers ask you to fill in forms and send them by post, while others have online claims portals or forms to fill in. Some prefer you to report a car accident by telephone and then will send you a form to fill in.

Whichever way you report your car accident to your insurer, you should ensure that all the facts are reported fully. You may need to include details of the road conditions, the other vehicle involved and any insurance details of the other driver.

If you are not making a claim for a car accident without an injury, you should make sure to write a letter to the insurer, and keep a copy, telling them the report is for information only.

Can Someone Else Request Your Insurance Details?

If you were involved in a car accident, then even if you don’t believe you were at fault, you have to give your insurance details to someone if they believe you were responsible for the accident. This would be the case even if there were no injuries to either party.

The other party could request your insurance details after the accident, either right away or later on, and you have to provide them with these details. It is an offence not to do so unless you have a reasonable excuse.

One example of what could constitute a reasonable excuse would be if you were injured at the time of asking and could not provide this information.

Can I Claim If There Was No Injury?

If you have sustained no injuries at all in an accident that was not your fault, you cannot make a personal injury claim. Personal injury claims are designed to compensate you for pain, suffering and loss of amenity caused by injuries sustained in an accident you were not at fault for.

How Much Compensation For Anxiety After Car Accident Could I Claim?

As mentioned, however, you may have sustained injuries that did not show symptoms right away after the accident.

Conditions such as whiplash may take some time to show symptoms and could cause you pain and suffering. In addition to this, you might suffer psychological harm in a car crash in which you sustained no physical injuries.

In such cases, you would have to attend a medical assessment as part of any personal injury claim so that your injuries could be assessed and verified, and a medical report could be put together to evidence your claim.

Compensation Payouts For Car Accident Claims

You might be surprised to see that we’ve included an alternative to a car accident claims calculator in this guide. After all, it is meant to cover making a claim for a car accident without an injury.

However, as we have mentioned, some injuries don’t present right away after an accident. If you’ve sustained injuries such as psychological trauma or whiplash, for example, you may only notice symptoms after some time has passed.

How Much Compensation For A Car Accident In The UK Could I Receive?

The table below contains guideline compensation amounts from the Judicial College Guidelines, which we believe is a good alternative to using a personal injury claims calculator. If you cannot see an injury you’ve sustained below, please call us and we’ll be able to offer you further insight.

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Type of injury Guideline Payout Amount Remarks
Mental Anguish £4,380 If you feared your impending death
Psychiatric Damage (General) – Moderate £5,500 – £17,900 Some effects on the person’s ability to cope with work, education and life in general, an effect on relationships, and some future vulnerability could occur, but there would have been a definite improvement by the time a case was heard and the injured party would have a good prognosis.
Psychiatric Damage (General) – Less severe £1,440 – £5,500 The level of disability and period of suffering would be assessed when calculating an award in this bracket.
PTSD (Moderate) £7,680 – £21,730 The person would have recovered to a large extent. Any continuing symptoms would not be grossly disabling.
PTSD (Less Severe) £3,710 – £7,680 The injured party would have virtually recovered within 1-2 yrs.
Whiplash injuries Up to £650 Symptoms resolve within 7 days
Whiplash injuries £650 – £1,290 Symptoms resolve within 28 days
Whiplash injuries £1,290 – £2,300 Symptoms resolve within 3 months
Neck Injuries £7,410 – £12,900 Where injuries have exacerbated or accelerated previous conditions over 5 years or less. Also included here are soft tissue injuries where the recovery has been quite protracted and there is a risk of increased vulnerability to trauma in the future.

Special Damages You Could Claim If Injured

As we’ve explained, you cannot make a personal injury claim for a car accident without an injury, but if your injury has presented symptoms some time afterwards, and you are looking to make a personal injury claim, you could be eligible to claim special damages.

These relate to financial losses caused by your injuries. They could include:

  • Care costs
  • Income losses
  • Medical expenses
  • Travel costs

To make a claim for these and other expenses incurred because of your injuries, you’d have to provide evidence. Documents such as payslips, receipts and bank statements could be useful in helping you evidence these expenses. If you don’t have proof of the expenses you’ve sustained, you won’t be able to include them within your claim.

No Win No Fee Claims If Injured In A Car Accident

While you cannot make a personal injury claim for a car accident without an injury, if an injury has presented itself after the accident, and you could prove it was caused by the accident, you could make a personal injury claim.

While you could make a claim without a personal injury solicitor to help you, claiming after the event could be quite complicated, and you may prefer to have a legal professional on your side.

The great news is that you could use the services of a personal injury solicitor from Legal Expert without having to pay them until your compensation settlement has been paid out. All of our solicitors work under No Win No Fee payment terms, which means there would be no legal fees to pay upfront or during the process of your claim.

You would be asked to sign a Conditional Fee Agreement in order to begin your claim. Your solicitor would send this to you and it would explain the success fee you’d pay them if they achieved a settlement for you. This is a legally capped amount and would usually be a small portion of your eventual settlement.

If a compensation settlement wasn’t achieved, you wouldn’t pay your lawyer the success fee. In addition to this, you wouldn’t be expected to pay their costs.

If you’d like us to assess your case to see if you could make a No Win No Fee claim, or if you have any questions, simply call our advisors today. We’ll be happy to help you.

Start Your Claim

Getting advice on car accident injury compensation couldn’t be easier. All you need to do is get in touch and we’ll provide you with all the help and support you could need. You can reach us in a number of ways:

Are Victims Of Revenge Porn Entitled To Make A Compensation Claim?

If you’ve suffered because somebody has posted revenge porn of you online or because you’ve been the victim of upskirting, you may want to know what your options are with regards to being compensated for your suffering. In this guide, we’ll provide more information on these crimes and the legislation that’s been introduced to prevent them. We’ll also look at whether it’s possible to launch a revenge porn claim against the responsible person.

How Victims Of Revenge Porn Could Claim Compensation

Revenge porn claim

Can you make a revenge porn claim?

If you’ve been affected by either upskirting or revenge porn, Legal Expert could help you. We offer a no-obligation assessment of any claim as well as free legal advice on your options.

If you do go on to make a claim, we could provide a solicitor to support you on a No Win No Fee basis.

To discuss your claim right away, please contact us on 0800 073 8804 today. You can also write to us in confidence about your claim online, or chat with us now using our live chat service.

Alternatively, please carry on reading to find out more about how we could support your claim.

Select A Section

A Guide To Revenge Porn Victim Compensation Claims

In this guide, we’re going to look at acts involving revenge porn and what options are available to victims. We’re going to try and answer some of the most common questions relating to the subject including:

  • What is revenge porn?
  • Is revenge porn illegal?
  • What is upskirting and is it illegal?

It can be tricky to revisit what’s happened and discuss your case with a stranger. However, we believe you’re well within your rights to discuss making a claim if somebody had violated your dignity by posting sexually explicit material without your consent.

There are a number of different laws to protect victims and which could be used to charge somebody for the criminal act of publishing revenge porn. They include the following:

Also, the Voyeurism (Offences) Act 2019 can be used to prosecute somebody who’s guilty of upskirting.

Legal Expert could help you make a claim by providing you with a specialist No Win No Fee solicitor to represent you. They will aim to help you through a very difficult situation and to try and help you claim compensation to aid your recovery. When you’ve finished reading our guide, if you’d like to discuss your options please call a member of our team. They’ll provide a no-obligation assessment of your claim with compassion and in complete confidence.

What Is Revenge Porn?

The term ‘revenge porn’ is a term used to refer to the criminal act of image-based sexual abuse. The act involves sharing sexually explicit content involving another person without their permission to cause them distress or pain.

There are many different ways revenge porn can be shared, online or offline, including:

  • Uploading to the internet.
  • Posting on social media.
  • Sharing by email or text message.
  • Physically showing the content to others.

While anybody can perform the illegal act of image-based sexual abuse, it is often carried out by an ex-partner or somebody you know. It is a violation of privacy and will often cause the victim to feel embarrassed, angry, humiliated or depressed.

Victims are often too embarrassed to report the crime, but we advise that you should report it to the police and remember that you’re not to blame.

What Is Upskirting?

The act of upskirting has gained a lot of public attention over recent months and years. It is a highly intrusive act where someone takes a picture or video under the victim’s clothing without their knowledge to try and capture an image of their underwear, buttocks or genitals.

It can take place in a number of different locations including supermarkets, on escalators and in the street. Because of the nature of the crime, the victim may never find out that they have been violated in such a way unless they capture the criminal in the act or somebody informs them when the content appears online.

How To Stay Safe When Online

Regardless of how safe you feel in a relationship, once somebody else has sexually explicit content such as mobile phone videos of you it’s difficult to control how they use them.

Therefore, here are some tips you could following to try and keep safe online:

  • Always think carefully before sharing or allowing somebody to record sexually explicit content of you. This includes the sharing of content with a partner, online, via a messaging service or in person.
  • Turn your computer or laptop’s webcam off when it’s not in use. You could even cover the camera with a post-it note or something similar.
  • Check the privacy settings on social media sites to ensure any content you share is only seen by those you intend to see it.
  • Don’t give out personal details or contact information online.

How Does Criminal Law Handle Revenge Porn?

Section 33 of the Criminal Justice and Courts Act 2015 sets out that it is illegal to share explicit material such as a private sexual photograph or film if:

  • The individual in the content hasn’t given permission.
  • It is shared with the intention to cause distress.

As well as the new laws designed to prevent revenge porn, similar behaviour could also mean the perpetrator has committed any of the following criminal offences:

  • Harassment or stalking.
  • Sending a communication with intent to cause anxiety or distress.
  • Blackmail (from the Theft Act 1968).
  • Unauthorised computer access.

The police have a duty to investigate any credible allegation that a victim of crime alleges relating to image-based sexual abuse or similar crimes. We’d advise that you report the crime as soon as possible after finding out that it’s taken place. The police should review any evidence you supply and pass the case to the CPS to see if a prosecution is appropriate.

Is Upskirting Against The Law?

Since 12th April 2019, anybody who’s caught in the act of upskirting can be arrested and sent to prison. The criminal offence of upskirting was created in the Voyeurism Act 2019 when it received royal assent in February 2019.

Prosecutors and the police have received new guidance on how they deal with upskirting and offenders can face 2-years in prison and also be placed on the sex offenders register.

What Are the Harmful Effects Of Revenge Porn?

There is no doubt that being the victim of revenge porn can be devastating. Usually, without any prior warning, a victim’s life can be turned upside down. It can have catastrophic consequences causing humiliation and public shame.

The harmful effects of revenge porn can be far-reaching and last a lifetime. Victims could become paranoid, fearful and unable to build relationships with others. It could also mean they:

  • Lose their job or have to leave due to the embarrassment of colleagues seeing the content.
  • Are unable to get jobs because the employer knows of the content.
  • Struggle to maintain family relationships.
  • Fall out with friends.

In some situations, the children of victims could also suffer forms of bullying relating to the content that’s been shared.

If you have been the victim of revenge porn and are struggling, you might find the support services offered by Victim Support or the Samaritans helpful. You can also reach out to us to get advice on making a revenge porn claim.

Could I Launch A Civil Case And Claim As A Victim Of Revenge Porn?

Cases of image-based sexual abuse or revenge porn will usually entitle the victim to bring a civil case for breach of confidence and misuse of private information. Furthermore, claims of copyright infringement and harassment might be possible

Therefore, as well as reporting the crime to police, victims of revenge porn could take legal action to:

  • Make the perpetrator remove any unwanted content and take steps for it not to be republished.
  • Seek compensation and costs from the responsible party.
  • Ask for a public apology.
  • Ensure websites, blogs and social media operators remove the content from their platforms.
  • Ensure search engine providers remove the content from their listings.

The process of taking a civil action against somebody can be tricky and require an understanding of complex laws. Therefore, if you’d like free advice on making a revenge porn claim, please contact an advisor today. They’ll deal with your call in complete confidence and won’t pressure you into taking any steps that you don’t want to.

What Steps Could Victims Of Revenge Porn Take?

If you are the victim of revenge porn, there are a number of steps you should consider. These include:

  • Remain calm – You are likely to feel anguish and panic at the time you find out about what’s happened. Remaining calm may help you deal with things better.
  • Consider informing the police – You may wish to inform the police about what’s happened. A criminal act is likely to have taken place so you should consider letting the police know as soon as possible.
  • Decide whether you should contact the person responsible – Contacting them to demand they remove the content might prejudice any future legal action. They are likely to be difficult to deal with if they’ve already decided to post the content so we’d advise that the police should be the first point of contact.
  • Don’t tell everybody else – You might feel inclined to let everybody else know about what’s happened to shame the person who’s shared the content or to try and find out who’s posted it online. However, you might regret sharing this information later on and it may have an impact on any civil claim you decide to bring. It might be best to confide in one or two of your closest friends who you can trust not to share the information with others.
  • Seek legal advice – If you contact our team of specialist advisors, they’ll assess your possible revenge porn claim for free and explain your options. A solicitor could be appointed to handle your case who could provide further advice on your options.

Revenge Porn Victim Compensation Calculator

When making a revenge porn claim through the Criminal Injuries Compensation Authority (CICA) scheme, the first part will look at psychological and physical injuries. In the CICA tariff of injuries, compensation amounts are assigned to different types of injury. To give you some idea of the amounts involved, we’ve provided the table below instead of a personal injury compensation calculator. As each claim is unique, we advise you to use this information as guidance. For a more personalised compensation estimate, please speak with a member of our team.

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Claim Type CICA Compensation Further Information
Temporary Mental Injury £1,000 A disabling mental injury, which has an adverse effect on the ability to carry out daily activities, for between 6-weeks and 28-weeks.
Temporary Mental Injury £2,400 A disabling mental injury, which has an adverse effect on the ability to carry out daily activities, for between 28-weeks and 2-years.
Temporary Mental Injury £6,200 A disabling mental injury, which has an adverse effect on the ability to carry out daily activities, for between 2-years and 5-years.
Temporary Mental Injury £13,500 A disabling mental injury, which has an adverse effect on the ability to carry out daily activities, lasting more than 5-years but not permanent.
Permanent Mental Injury £19,000 A permanent mental injury, which a confirmed diagnosis from a psychiatrist with is moderately disabling.
Permanent Mental Injury £27,000 A permanent mental injury, with a confirmed diagnosis from a psychiatrist which is severely disabling.

It’s important that your solicitor can supply medical evidence to demonstrate the extent of your suffering. That’s because the amount of compensation awarded is often linked to the severity of the injury or how long the suffering lasted. Therefore, where required as part of the claims process, our solicitors will arrange for a local medical assessment to be carried out. After the assessment, the medical specialist or psychiatrist will prepare a report linking your injuries to the case, explaining what suffering was caused, the impact on your life and whether there will be any long-term suffering.

Special Damages Which Victims Of Revenge Porn Could Claim

The CICA scheme allows you to claim for physical and psychological injuries (which was demonstrated in the previous section) as well as a number of ‘special expenses’. These aim to compensate you for any financial costs incurred as a direct result of your injuries.

When claiming for special expenses through the CICA scheme, you will need to show that the expense was reasonable, necessary and required as a direct result of the crime against you. The CICA will also check that anything you claim for is not available through other schemes like the benefits system or the NHS.

Many of the special expenses available via the CICA are linked to physical injuries but we’ve listed some that could be relevant for the types of psychological injuries caused by revenge porn. For further advice on what you could be entitled to claim for, please let an advisor assess your claim in more detail.

As part of the CICA scheme, you could claim for the following special expenses:

  • Lost Income.
    If you need more than 28-weeks off work while you’re suffering as a result of the crime against you, then you could claim for any loss of earnings. You’ll need evidence to show that you were employed at the time the crime took place or provide work history for the previous 3-years. If you weren’t employed at the time of the crime, you’ll need to provide information as to why that was the case.
  • Home Adaptations.
    Depending on the nature of your suffering, you could be entitled to claim for any home adaptations that make it easier for you to get around. 

Again, because many of the special expenses are linked to physical injuries, our advice is to speak with an advisor to see what you could be entitled to claim for.

No Win No Fee Revenge Porn Victim Compensation Claims

We know that making a personal injury claim can be stressful, especially when it’s related to upskirting or revenge porn. We’re proud to provide the access to justice that you deserve and also to make the claims process less stressful by providing a No Win No Fee service for all claims we take on.

In the first instance, a solicitor will review your claim with you. If they’re happy there’s a chance of success, and you want to continue to make a claim, they’ll prepare a No Win No Fee agreement, also called a Conditional Fee Agreement (CFA).

The main benefits of funding your claim with a CFA are:

  • You won’t have to pay any fees upfront. That allows your claim to begin right away.
  • During the claims process, you won’t have to pay any solicitor’s fees.
  • If your claim fails, the solicitor won’t ask you to pay any fees for their service.

In cases where the solicitor wins compensation for you, they’ll keep a small percentage to cover their costs. This is called a success fee (which is legally capped). It is listed in your CFA right from the start, so you won’t need to worry about any surprises when the claim is settled.

If you’d like us to check whether you’re eligible to claim on a No Win No Fee basis, please contact an advisor today.

Why Choose Our Team To Claim For Revenge Porn Or Upskirting?

We hope that the information you’ve read so far demonstrates how we could help you claim for cases of revenge porn or upskirting. Here’s some more information on how we could help:

  • Our advisors provide free legal advice.
  • You’ll receive a no-obligation assessment of your claim.
  • The claim line is open 24-7 and all calls are handled in confidence.
  • Our team of specialists have been dealing with personal injury claims for over 30-years. Take a look at some of our past reviews.
  • Your solicitor will be available throughout your case to answer your queries or explain any complex legal jargon that crops up.
  • Our solicitors will always try to ensure that you receive the maximum amount of compensation that’s possible in your case.

Please feel free to contact an advisor if there’s any more information you need.

Contact Our Team

Now that you’ve read our guide about making a revenge porn claim, if you’d like to discuss pursuing compensation, there are a number of ways to get in touch.

We understand how difficult it will be to discuss your case with a stranger, so we’ll treat all calls with compassion and in complete confidence. To contact us you can:

  • Call a specialist advisor for free claims advice on 0800 073 8804.
  • Ask for a call back at a time that suits you by completing this online claims form.
  • Send details about what’s happened and you’ve been affected in an email to info@legalexpert.co.uk.
  • Or, you can connect with an online advisor through our live chat facility.

To make contacting us easier, our claims line is open 7-days a week, 24-hours a day. The advisor will assess your claim with you and provide free legal advice on your options. They won’t put any pressure on you to claim but, if there’s a chance of success, could refer your case to one of our specialist personal injury solicitors. Remember that any claim they take on will be handled on a No Win No Fee basis.

Essential References On Making A Revenge Porn Claim

You’ve now reached the end of this guide about claiming compensation after being the victim of revenge porn. To provide you with further support and advice, we’ve linked to some more of our guides and some helpful external information as well. Please contact a member of our team if you require further information.

Upskirting: Know Your Rights – Information on the recent law changes regarding upskirting and what victims can do.

Victim Support – Guidance from Victim Support, a UK charity, about how victims of revenge porn can get support.

Revenge Porn Laws – Advice from the UK government on new laws introduced to tackle the spread of revenge porn.

Below, you can learn more about CICA claims via our other guides:

If you have any more questions about making a revenge porn claim, please get in touch.

Guide by Hambridge

Edited by Billing

£46m Abuse Compensation Paid To Victims Of Lambeth Children’s Homes

This guide is for survivors of the Shirley Oaks children’s home and Lambeth children’s home abuse scandal. This guide contains references to the sexual abuse of children, which some might find disturbing.

Children's home abuse

Children’s home abuse

A scandal has emerged regarding Shirley Oaks children’s home in Croydon and other children’s homes in the London borough of Lambeth. From the 1930s to the early 1990s, children who were residents of these homes experienced shocking sexual, physical and racial abuse. The exact number of children who were abused is still unknown at the time of writing (July 2020), but Shirley Oaks Survivors Association, a group that represents survivors of abuse at Shirley Oaks children’s home, has been contacted by over 1,760 people and estimates that hundreds of other people who have been abused are yet to come forward or will not come forward.

Lambeth Council has formally recognised the abuse in children’s homes that has taken place and has set up Lambeth Children’s Homes Redress Scheme. The purpose of the scheme is to payout compensation to people who have suffered abuse in children’s homes in Lambeth or have been abused by a foster carer in the borough. As of now, £46 million has already been paid out. 

If you are looking for solicitors who are dealing with Lambeth Children’s Homes Redress Scheme, Legal Expert can provide you with a skilled sexual abuse solicitor to handle your claim. Our solicitors are specially trained to deal with sexual abuse claims sensitively and with the care and compassion required. What’s more, they will negotiate on your behalf to ensure you are awarded the maximum amount of compensation you are owed.

Legal Expert offers a free consultation to anyone looking to make a claim for child abuse or sexual abuse. Call us today and one of our advisors will be able to answer any questions you may have. All calls are confidential and our advisors are trained to deal with calls regarding abuse in a caring and professional manner. If we can see that you have legitimate grounds to claim compensation, an experienced sexual abuse lawyer will start working on your claim right away. To begin your claim for children’s home abuse, call us today on 0800 073 8804.

Select A Section

A Guide To The Lambeth Children’s Home Abuse Scandal

The number of people who have been abused in Lambeth children’s homes is still unknown, but over 1,340 people have been compensated because they suffered abuse in a care home or while in foster care in the borough of Lambeth. A further 620 applications for compensation are still yet to be reviewed. That so many vulnerable children could be abused under the care of their local authority is an absolute disgrace and Lambeth Council acknowledges that many former children’s homes residents “will never be able to forgive us for their childhood experiences”. Physical abuse, sexual abuse or the rape of a child are some of the most unforgivable crimes a person can commit.

At Legal Expert, we understand that no amount of compensation can make up for having your childhood taken away from you due to abuse. However, by making a Lambeth Redress Scheme claim, you will be holding Lambeth Council accountable for their negligence and encouraging other local authorities to take responsibility for the children in their care. If your sexual abuse compensation claim against Lambeth Council is successful, you will be able to use the funds to pay for counselling to help you come to terms with the horrific abuse you experienced and treat any traumatic injuries you are still suffering from. You will also be able to use the compensation you are awarded to improve your quality of life going forward.

Legal Expert can provide you with a Lambeth Redress Scheme solicitor to handle your claim. They will negotiate hard to win you the maximum amount of compensation you are owed. To begin your claim, call us today for your free consultation, or use our online claims form to reach us.

What Is Children’s Home Abuse?

If a child is no longer able to live with their biological parents, they will be taken into the care of their local authority. The child will sometimes be sent to live in a residential care home, also known as a children’s home. In other instances, they may be fostered or adopted. Local authorities have a duty of care towards children in residential care homes, foster care and being placed for adoption. This means that they are legally responsible for the health and safety of children under their care. Should a child be harmed due to negligence, the Local Authority can be held legally liable for any injuries suffered and may have to pay the child compensation. If the child is under 18, a litigation friend can make a claim on the child’s behalf.

Children in care are often very vulnerable, having lost or have been taken away from their biological families. Unfortunately, malicious people always exist who may wish to exploit the power they have over vulnerable people. In the past, paedophiles have regarded working at a care home as a means of getting access to children that they can exploit. Historically, a lack of background checks and safeguarding strategies means that children were not adequately protected from these predators. 

Abuse in a care home can include physical abuse and sexual abuse and such as rape. It can also include emotional abuse, such as making children perform degrading actions or discriminatory treatment such as racism.

Fortunately, in recent years, laws have been passed to better protect children in Local Authority care. The CRB check was introduced in 2002 which allowed employers to conduct background checks on employees that worked with children. This has been replaced with the DBS check in 2013, which allows for more rigorous vetting. The Children Act 2004 also made much-needed updates to the system. Each Local Authority is required to appoint a Director of Children’s Services and a Local Safeguarding Children Board. Anybody that works with children also requires safeguarding to be in place at all times. This means that adults cannot be left alone with children in their care. Despite these advances abuse in children’s homes does still take place.

What Is The Lambeth Children’s Home Abuse Scandal?

The Lambeth children’s home abuse scandal is the uncovering of years of systematic child abuse at Lambeth children’s homes. Much of the abuse happened at Shirley Oaks children’s home, one of the largest children’s homes in the country, as well as other children’s homes in Lambeth.

The extent of abuse that took place was revealed after a survivor’s group, Shirley Oaks Survivors Association (SOSA), was set up to support former residents of Shirley Oaks who were abused there as children. The group was set up by Raymond Stevenson and Lucia Hinton, who are former residents of Shirley Oaks, after Shayne Donnelley, a friend of Stevenson, confided in him in 2014 about the horrific sexual abuse he had suffered when he was a resident of Shirley Oaks. 

Speaking to The Guardian newspaper in June 2020, Donnelley described his abuse as “sexual, physical and racial” and reported that when he “was 12, (he) tried to commit suicide”. His three other siblings also reported abuse and his sister also confessed that she was raped when she was 8 years old by a worker, who told her that her mother would be sent to prison if she told anyone. This incident began a two-year cycle of care home abuse for her.

Since Shirley Oaks Survivors Association was set up, the group has been contacted by over 1,600 people who reported that they have received abuse in children’s homes in Lambeth. The reported abuse took place from the 1930s to the mid-1990s. So far the oldest person to receive compensation from the Lambeth Children’s Homes Redress Scheme is in their 90s. 70% of the survivors who contacted SOSA were abused at Shirley Oaks children’s home. They also received reports from people who were abused at smaller Lambeth children’s homes and in foster care. This led the group to set up Lambeth Children’s Homes Survivors, a group to support people who received abuse at smaller children’s homes.

Source: www.theguardian.com/society/2020/jun/25/survivors-tell-of-abuse-shirley-oaks-childrens-home

Investigations Into The Lambeth Children’s Home

There have been multiple investigations into abuse in children’s homes in Lambeth since the 1970s. The longest-running police enquiry was Operation Middleton which found that over a 20 year period, at least 35 men and women were abused as children at a Lambeth children’s home. Figures provided by the Shirley Oaks Survivors Association and Lambeth Children’s Homes Survivors based on reports and testimonies by survivors suggest that the numbers are actually in their hundreds.

An Independent Inquiry into Child Sex Abuse (IICSA) began on 30 June and is suspected to last for four weeks. Evidence will be given of the hideous abuse that was suffered by children at Shirley Oaks and other Lambeth Council-run children’s homes. Evidence will also be given of paedophiles working in roles at the children’s homes, and using the care system as a means to gain access to vulnerable children. In his opening statement to the inquiry, barrister Iain O’Donnell explained that a paedophile ring “infiltrated” Lambeth’s children’s homes during the 1960s and “continued to prey upon the children for decades”. He added that the authorities knew what was happening, but took measures to cover up the abuse.

Sources:

  • www.bbc.co.uk/news/uk-england-london-53237121
  • www.bbc.co.uk/news/uk-england-london-53221981
  • www.bbc.co.uk/news/topics/cwm184d3v09t/independent-inquiry-into-child-sex-abuse&link_location=live-reporting-story

Whistleblowing Of The Scandal

The Lambeth children’s home abuse scandal has come to light in part because of the brave work that many conducted in whistleblowing the abuse of children. These included a former social worker, a children’s charity worker and disturbingly, a former police officer who claimed that children had been murdered at Shirley Oaks and buried on the grounds.

Lambeth Children’s Home Abuse Statistics

The full extent of the abuse that occurred in Lambeth children’s homes between the 1930s and the 1990s is still not known. However, 1,340 people have been awarded £46m in compensation so far and 620 cases are still to be reviewed. New cases are coming forward daily and there could be hundreds of cases that are yet to come forwards. 

Raymond Stephenson estimates that based on testimonials collected by Shirley Oaks Survivors Association and Lambeth Children’s Homes Survivors, 120 paedophiles used Lambeth children’s homes to abuse children over a period of 60 years. According to Stephens, “the council will have to pay out about £80m in the end. That’s the biggest payout this country has ever seen”.

What Is The Lambeth Children’s Home Redress Scheme?

Lambeth Children’s Homes Redress Scheme has been set up by Lambeth Council to compensate people who have suffered historic children’s home abuse due to failings on the part of Lambeth Council. People who were not abused themselves but lived in children’s homes where abuse was taking place and lived in fear of being abused are also eligible to claim compensation. Even if you suffered abuse that happened several decades ago, you may still be eligible to apply.

We recommend that you appoint a Lambeth redress solicitor to represent your compensation claim. Your sexual abuse solicitor will value your claim correctly. They can investigate your case and present evidence on your behalf. Your solicitor will negotiate with Lambeth Council to ensure that you receive the correct amount of compensation for the psychological and physical injuries you endured as a result of the institutional abuse.

Legal Expert’s solicitors could deal with the Lambeth redress scheme on your behalf. Call Legal Expert today for your free consultation. If we can see that you are owed compensation via the scheme, we will assign a solicitor to start working on your claim as soon as possible. The deadline for making an application to the Lambeth Children’s Homes Redress Scheme for compensation is 1st January 2022, so contact Legal Expert as soon as possible to make sure you don’t miss out.

Lambeth Children’s Homes Compensation Claims Calculator

You can use our sexual abuse claims calculator to estimate how much compensation you could be eligible to claim. Of course, every claim is different so for an accurate estimate of how much compensation you could be owed, call Legal Expert for a quote. If you experienced physical, emotional, or racial abuse, or lived in fear of abuse, we can also help you estimate how much compensation you may be owed.

Given Lambeth Council operated the homes in question, it would be possible to pursue a claim against them directly under personal injury law. Below, we’ve included some potentially relevant injuries and their severities. The figures have been taken from a set of guidelines produced by a legal body known as the Judicial College.

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Injury Severity Value
Post-traumatic stress disorder Less severe £3,710 to £7,680
Post-traumatic stress disorder Moderate £7,680 to £21,730
Post-traumatic stress disorder Severe £56,180 to £94,470
Psychiatric damage Less severe £1,440 to £5,500
Psychiatric damage Moderate £5,500 to £17,900
Psychiatric damage Severe £51,460 to £108,620

It may also be possible to make a claim through the Criminal  Injuries Compensation Authority, which compensates people for any harm inflicted as a result of criminal acts. The awards listed below are based on their tariff of injuries. 

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Category And Level Of Abuse Comments On This Abuse Standard Damages Paid Out
Minor Sexual Assault – B1 Sexual acts which are non-penetrative sexual and which take place outside your clothes. £1,000
Serious Abuse- B3 Serious abuse of this level could include intermittent instances of being physically abused. The victim may be left with small wounds £2,000
Serious Sexual Assault – B3 More serious forms of abuses than the category (B-1) described above in the table. Acts may haave taken place under any clothing. £2,000
Severe Abuse – B6 Victims may have experienced a pattern of violent acts resulting in some minor levels of disfigurement. £5,000
Severe Abuse – B8 Severe types of abuse but where the abuse has taken place over a period of three years or more. £8,200
Fatal Criminal Injury – B9 Damages for fatal criminal injuries. £11,000

This claims calculators only include general damages, which compensates you for the physical and psychological harm inflicted. It does not include any special damages or special expenses you may be able to claim.

For more information on what you could be able to claim and from who, please get in touch with our team of expert advisers today.

Special Damages Awarded In Child Abuse Claims

If you make a successful claim for child abuse compensation, your payout will include two heads of claim. The first will be general damages which will reimburse you for the pain, suffering and loss of amenity you have experienced as a result of the abuse. You will also be able to claim special damages or special expenses (in a CICA claim), which is reimbursement for any costs you incurred as a result of the abuse. This can include funds to pay for any counselling you may be in need of. 

To find out more about what types of expenses you can claim, please contact our solicitors on the number at the top of this page.

No Win No Fee Children’s Home Abuse Compensation Claims

If you wish to claim for injuries resulting from the Lambeth children’s home abuse scandal, or any other instance of child abuse, Legal Expert can offer you the option to make a No Win No Fee claim. This means that you will not have to pay an upfront solicitors fee, nor any fees while the case progresses. Instead, you will only have to pay us a success fee if we win your claim. A success fee is a small, legally-capped percentage of the compensation you’re awarded. This means there is less financial risk involved for you.

To learn more about the benefits of making a No Win No Fee claim, call Legal Expert today. Alternatively, read our No Win No Fee claims guide.

Why Choose Our Abuse Compensation Solicitors?

If you are looking for solicitors who are dealing with the Lambeth redress scheme or a sexual abuse solicitor, trust Legal Expert to look after your claim. Our solicitors are trained to handle claims regarding any type of abuse or physical violence with the utmost care and sensitivity. We understand that you were done a terrible wrong and will take pride in helping you claim the compensation that you are rightfully owed.

What can Legal Expert offer you?

  • The advice and services of a knowledgeable sexual abuse lawyer.
  • A promise that we will value your claim correctly and push to win you the maximum amount of compensation you are owed.
  • The option to have your claim handled on a No Win No Fee basis.

Talk To Our Team Today

If you are a survivor of sexual abuse or any other type of abuse in a Lambeth children’s home, you may be owed compensation. Contact Legal Expert today to begin your sexual abuse claim or abuse compensation claim. Call us on 0800 073 8804. Alternatively, email us using our online claims form. We’re looking forward to helping you.

Essential References

Foster Care Abuse Compensation Claims – Our guide to claiming compensation for abuse in foster care

Child Abuse Compensation Claims – Our guide to claiming compensation for abuse as a child.

Historical Sexual Abuse Compensation Claims – Our guide to claiming compensation as the victim of historical sexual abuse.

 

 

Guide by Chelache

Edited by Billing

How To Make A Dry Needling Negligence Claim

Dry needling is a procedure that is similar to acupuncture, where needles are inserted into the body, to ease muscle pain. Have you been injured due to dry needling negligence? Whether the practitioner was at fault, or you were injured due to negligence on the part of the clinic, you may be able to make a clinical negligence claim for compensation.

Dry needling negligence claims

Dry needling negligence claims

If you believe that you are owed compensation for injuries caused by dry needling negligence, call Legal Expert today on 0800 073 8804. A personal injury claims advisor will speak to you in depth about your ordeal and if we can see that you have legitimate grounds to claim compensation, we will assign a solicitor to work on your dry needling negligence claim. Alternatively, use our online claims form to reach us.

Select A Section

A Guide To Dry Needling Negligence Claims

Can dry needling cause an injury? Dry needling practitioners receive training on how to carry out the procedure safely. However, if the person carrying out your procedure, or the clinic you go to has neglected to follow best practices, this could result in you, the patient, suffering an injury. In this guide, we will look at what the benefits of dry needling are, as well as any risks or side effects associated with this procedure.

If you have been injured because of medical negligence during a dry needling procedure, call Legal Expert today to speak to a claims advisor. If we can see that you have legitimate grounds to claim compensation for your injuries, we will provide you with a knowledgeable clinical negligence solicitor to handle your claim. Our panel of solicitors have up to three decades of experience handling personal injury claims, so your case is bound to be in safe hands.

What Is Dry Needling?

Dry needling (also called intramuscular stimulation) is a procedure that is similar to acupuncture. The procedure involves a practitioner using stainless steel filiform needles and placing them into a person’s body. The needles that are used are short and don’t inject fluid into the body, hence the term dry needling. What is the purpose of dry needling? The needles are placed on trigger points on the patient’s soft tissues or muscles. These are knotted muscles or hard muscles. This can include treatment for muscle pain or fibromyalgia pain. Dry needling for injury treatment, such as sports injuries, is also available. The needle may also be inserted in areas to relieve muscle spasms. It can also be carried out to help improve a patient’s flexibility. Is dry needling painful? Dry needling can be painful, especially if it is used to treat the site of a soft tissue injury.

Is dry needling the same as acupuncture? There are lots of discussions online about the benefits of dry needling vs acupuncture. Acupuncture is an ancient practice which is designed to open up the person’s energy flow (chi) to help relieve pain. There is solid research available, to suggest that acupuncture is effective, whilst dry needling is a relatively new procedure, so there is less research available on how effective it is.

What are the main techniques used in dry needling? There is an in-out insertion technique, also called sparrow pecking or pistoning. The needle does not stay in the skin for very long when this technique is used. In-out insertion techniques are used to target trigger points in the muscles. There is also a non-trigger point technique in which the needles are placed around the point of pain, not directly on it. This practice is based on the idea that the pain is due to a greater issue affecting the surrounding muscles or nerves.

What Is Dry Needling Negligence?

Dry needling is an alternative therapy rather than a recognised medical procedure. However, practitioners still have a duty of care towards their clients. This means that they are responsible for the client’s health and safety when carrying out these procedures. If the practitioner, or the clinic where the treatment takes place acts negligently, leading to the client becoming injured or ill, this is dry needling negligence. If you have been injured due to clinical negligence during a dry needling procedure, you may be able to claim compensation. Call Legal Expert today to speak to us about making a dry needling claim for compensation.

What Are The Benefits Of Dry Needling?

What dry needling benefits do patients enjoy? Dry needling is used to treat muscle pain and stiffness as well as sports injuries and pain experienced by people who suffer from fibromyalgia. People with injuries often find it can improve flexibility and improve their range of motion. This may be helpful if a patient has dry needling on their shoulder or knee.

Because dry needling is a relatively new technique, there is not much research on its effectiveness as a procedure. Some studies show that the treatment has a positive effect relieving mild to moderate pain. Another study showed that dry needling was not more effective for treating muscle pain, than stretching.

Who Can Carry Out Dry Needling In The UK?

In the United Kingdom dry-needling can be carried out by a physiotherapist, massage therapist, chiropractor, osteomyologist, osteopath or a general practitioner. Many bodies offer courses for professionals who are eligible to practice dry-needling in the UK.

Licensing And Regulation

Because dry needling and acupuncture require skin piercing, practitioners will need a Local Authority licence and registration. If you are interested in practicing dry needling, check with your Local Authority to see what the requirements are to get one.

What Are The Risks And Side Effects Of This Treatment

Dry needling involves piercing the skin and inserting needles into the body. Therefore it is important that the person who is carrying out the procedure is properly trained and carries out professional best practices. There are also side effects associated with dry needling as well.

Mild Side Effects

Dry needling can cause these mild side effects: bleeding, bruising and temporary soreness. All of these are to be expected and will usually heal on their own. These are not the only negative side effects a patient can experience. Other mild side effects of dry needling include: dizziness, feeling faint, drowsiness, sweating, nausea, or symptoms becoming aggravated before they improve.

Serious Side Effects

In more extreme cases a patient could experience more significant side effects to dry needling. These can include: bleeding for a long time, vomiting and nausea, headaches, fatigue, a severe dry needling emotional response, gastrointestinal disturbances, fainting, skin irritation and seizures.

As well as more extreme side effects, dry needling negligence can cause the client to become ill. If a dry-needling needle is used that is not sterile, the client could experience a blood borne infection.  If a practitioner uses a needle that has already been used on another patient, this could also lead to the transmission of a blood borne infection. This could include hepatitis or HIV. Another serious injury that can be caused by dry needling negligence is the puncture of a major organ. If you have experienced a serious injury due to clinical negligence whilst undergoing dry needling treatment, we recommend that you visit a hospital Accident & Emergency department (A&E) as soon as possible.

Pneumothorax Caused By Dry Needling

One of the most serious consequences of dry needling negligence is pneumothorax. This occurs when air leaks between the lungs and chest wall. This means that the lungs aren’t fully able to inflate. This can lead to a collapsed lung. The lung can be either completely or partially collapsed. Symptoms of pneumothorax from dry needling include shortness of breath and chest pains.

Pneumothorax could be caused by a penetrating chest or upper back injury, such as needles being inserted wrongly into a patient’s chest during a medical procedure. Immediate symptoms of the condition may include sudden pains in the chest and problems with breathing (such as shortness of breath). In rare instances the condition may be life-threatening.

Fortunately a pneumothorax is rare and treatable. A collapsed lung can be treated by removing the air between the lungs and the chest wall with a syringe, so the lung can inflate. If the collapsed lung injury repeats itself, the pneumothorax can be treated with an operation. If you experience the symptoms of pneumothorax after dry needling, or in any other situation, we recommend you visit a hospital Accident & Emergency department (A&E) for further treatment.

Dry Needling Negligence Compensation Claims Calculator

If you have suffered an injury due to dry needling negligence, you may be able to claim compensation. You can use our claims calculator, to estimate how much your medical negligence claim could be worth. These compensation amounts are estimations, which are based on Judicial College Guidelines. However every claim is of course different, so the amount of compensation you are awarded can vary. To receive an accurate estimation of how much compensation you could be owed, call Legal Expert today to speak to an advisor.

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Injury Sustained Seriousness Comments On The Injury Estimated Compensation
Chest injury (A) In the worst instances, the claimant will have needed to undergo the removal of a lung. There may also be serious damage to other organs in the chest. £94,470 to £140,870
Chest injury (B) This level includes traumatic chest injuries which could affect the heart or lungs. There may be impaired functions and the life expectancy may be reduced. £61,710 to £94,470
Chest injury (C) Injuries to the organs of the chest (lungs etc) which causes some level of disability. £29,380 to £51,460
Chest injury (D) This bracket includes simpler injuries, such as penetrating wounds to the chest (such as injuries caused by needles being inserted into the chest). There will not be any significant effects on the lungs function over the longer-term. £11,820 to £16,860
Chest injury (E) This level of injury may be caused by the inhalation of smoke or toxic fumes. The injuries caused will not cause permanent damage to the lungs. £5,000 to £11,820
Chest injury (F) At this level, this may include injuries (such as those discussed in this article) which lead to collapsed lungs but from which the claimant may fully recover. £2,060 to £5,000
Chest injury (G) Could include a fractured rib or similar levels of soft tissue injury. Any pain will subside Up to £3,710
Illness/Damage Resulting from Non-traumatic Injury (B) (1) Severe forms of illness which cause serious symptoms such as vomiting, pain and fever as well as others. The illness may require a hospital stay. There may be lingering symptoms over time and these may impact things such as the ability to work. £36,060 to £49,270
Illness/Damage Resulting from Non-traumatic Injury (B) (2) This could include illnesses which are severe but which are short lived. They should diminish over a short period of time. There could be impacts on different parts of the person’s life and their enjoyment of it. £8,950 to £18,020
Bowels (E) This level includes injuries which penetrate the bowels. There will be some degree of permanent injury though natural bowel function will return £11,820 to £22,970

This dry needling negligence claims calculator only estimates how much compensation you could be awarded in general damages.

Special Damages Victims Of Negligent Medical Procedures Can Claim

If your claim for dry needling injuries is successful, your compensation package will include two heads of claim: general damages and special damages. What does this mean? General damages are compensation for the claimant’s injuries and the pain, suffering and loss of amenity they caused. Special damages reimburse the injured person for any out of pocket expenses they suffered as a result of their injuries.

What special damages could you claim compensation for?

  • Medical expenses: This can include the cost of any medical treatment you needed after you were injured, or medical treatment you may need in the future, due to your injuries.
  • Travel expenses: This can include the cost of taking a taxi to a hospital A&E department, or the cost of travelling to doctor’s appointments.
  • Care expenses: If a friend or family member cared for you whilst you were recovering from your injuries, you may be entitled to claim compensation on their behalf, to compensate them for their time.
  • Reimbursement for any income you lost, if you had to take time off work to recover from your injuries.

No Win No Fee Dry Needling Negligence Claims

Legal Expert can give you the option to make a dry needling negligence claim on a no win no fee basis. What does this mean? With a no win no fee claim, there is less risk involved for you the claimant. Instead of paying a solicitors fee upfront, we will charge you a success fee, only on the condition that your solicitor wins your case. Because your fee will be deducted from your compensation package, you don’t have to worry about paying an upfront fee. To learn more about making a no win no fee claim, read our online guide. Alternatively, call us today to speak to an advisor. If you have legitimate grounds to claim compensation, we will provide you with a clinical negligence solicitor to handle your claim.

How We Could Help You Claim For Negligent Medical Practices

If you have been injured, made ill, or had your pre-existing medical condition worsened due to medical negligence, trust Legal Expert to handle your compensation claim. We can value your clinical negligence claim based on your medical records and your solicitor will push to win you the maximum amount of compensation you are owed. Our panel of solicitors have up to thirty years of experience, so your claim is bound to be in safe hands.

Start A Dry Needling Claim

To begin your dry needling compensation claim, contact Legal Expert today for your free consultation. You can call us on 0800 073 8804 or you can use our online claims form to reach us. If we can see that you have legitimate grounds to make a compensation claim, a solicitor will start working on your case as soon as possible.

Resources And Claims Guides

In addition to the resources provided through this guide, below we have included recommended resources and guides from our own site as well as trusted external resources.

Medical Negligence Claims – How Much Compensation Can I Claim? – Learn more about making a compensation claim for medical negligence in this guide.

Acupuncture Claims Guide – How To Claim? How Much Compensation Can I Claim? – Acupuncture and dry needling are similar but different procedures. Learn more about the errors which could be made in acupuncture and when you could claim compensation.

How Much Compensation Can I Claim For Misdiagnosis? – Check how much compensation you could be owed if your medical condition has been misdiagnosed.

External Links

These external resources include further information relating to both dry needling and lung injuries which could be caused by the procedure if improperly performed.

A British Lung Foundation Guide To Pneumothorax – In this British Lung Foundation guide you can find out more about what pneumothorax is.

Dry Needling – Information From The NHS

Further Medical Negligence Articles

Written By Cheleche

Edited By Melissa.

AA Motorcycle Insurance Compensation Claims Guide

On this page, you will find an online guide that provides details on how to make a personal injury claim and an Automobile Association (The AA) motorcycle insurance claim. This is in relation to a motorcycle accident in which a third party was injured and the accident was the fault of the motorcyclist, as well as motorcyclists making a claim against their own insurance for some reason.

AA motorcycle insurance accident claims guideEven though we have tried to provide all of the information you need to educate yourself about such claims, there may be unique aspects of your claim that this guide does not cover. If this turns out to be true in your case, we can still help you. All that you need to do is get in touch with our claims team, any time of the day or night, on 0800 073 8804. One of our claim advisors will be available to answer any questions you happen to have, and also provide you with any additional information you require.

Select A Section:

A Guide To AA Motorcycle Insurance Claims

In this online guide, we will attempt to answer questions such as, “what’s the difference between bike and car breakdown cover?” And “what types of motorbike breakdown cover are there?” Such questions may be asked in relation to motorcycle insurance claims involving policies brokered by AA motorcycle insurance, either by a policyholder or a third party harmed by the actions of a policyholder.

We start this guide with a section that explains the kinds of products the AA provides motorcyclists, and an explanation of the two sides to road traffic accident claims: third-party claims and policyholder claims. This is followed up with some general information about making a claim, including some of the more common causes of claims, and information about how AA policies are underwritten.

The guide then moves on to provide several sections that have information designed to help you understand how best to interact with your insurer during a claim. This includes why a claim may be refused and what to do in this case, and also some general advice on how to deal with an early settlement or pre-medical offer. We have also tried to explain why using a solicitor to help make your claim might be preferable.

The last few sections of this guide are given over to some of the financial considerations of making a compensation claim. This includes a table giving example injuries and the possible range of compensation they could receive. This can help you to understand how much compensation you might potentially get. The following section lists some of the more commonly awarded types of damages. In closing, we take a look at what No Win No Fee claims are, and why in many cases, such a service could be the perfect vehicle for having a claim processed.

Once you have read this guide, you might need clarification about one or more of the topics covered, or simply have questions about your own circumstances. In this case, please call our claims team on the number at the end of this page. They are available 24 hours a day, 365 days a year. An expert claim advisor can answer your questions for you, provide you with any other information you require, and then explain to you how we can provide you with a personal injury lawyer to process your claim for you.

What Is A Claim Against AA Motorcycle Insurance?

First of all, we need to explain that AA motorbike insurance is a different service to AA breakdown products. This guide does not cover disputes with the AA breakdown and recovery service. In this guide, we are referring to unique insurance products aimed at motorcyclists, such as classic bike insurance, moped insurance and multi-bike insurance. A specialist motorcycle policy is subtly different from a general motor policy. These products have been specially tailored to bikers and priced based on considerations such as the specific risks bikers face and the overall lower cost of owning motorcycles.

There are two types of people who may need to make a claim against a policy arranged through the AA. These are:

  1. A motorcyclist who is making a claim against their own insurance for some reason.
  2. A third party that has suffered harm or loss in an accident caused by a motorcyclist who is insured by the AA.

If you are unsure whether you are in a position to make a claim based on your own circumstances, please speak to our claims team and an advisor will evaluate your claim for you.

When Motorcycle Insurance Claims Could Be Made

There are many reasons why a person might need to make a compensation claim against a company that provides motorbike insurance. However, in general, the following reasons are the most common.

For motorcyclists that are insured by the AA:

  • In a split liability claim where fault cannot be determined, and each party is partially responsible.
  • When a motorcycle covered by a policy is stolen.
  • When a motorcycle covered by a policy is damaged in some way that cannot be attributed to a third party.

For third parties that are involved in an accident that was caused by a motorcyclist insured by the AA:

  • For damage to a vehicle or other private property.
  • For injuries sustained in the accident.

If you believe you may have a valid cause to make a compensation claim, then you can speak to our claims team and have your claim evaluated. A claim advisor will let you know whether it is potentially valid or not.

Do AA Insurance Use An Underwriter?

The company, Automobile Association Insurance Services Limited, is recorded on the Motor Insurers Bureau (MIB) as underwriting their own claims. This means that only a single company is involved in evaluating and negotiating claims. This could simplify the claims process.

An underwriter fills the role of managing the fund from which claims are paid. The AA takes care of its own underwriting. If you have any questions about how an underwriter can affect the outcome of a claim, please talk to one of our claim advisors today.

Disputed Motorcycle Insurance Claims

If you try to claim for a motorcycle injury or for being involved in an accident caused by a motorcyclist covered by this insurer, the claim may be denied for reasons such as:

  • The insured party was not acting within the scope of the policy wording. For example, the bike had been modified and the insurer was not informed of this.
  • The claimant cannot prove that they sustained injury or loss that was solely caused by the incident.
  • The claimant cannot prove that a third party was liable, even partially, for the accident taking place. Except when a policyholder is making a split liability claim.

If you would like some help finding out whether your claim might be refuted, or for legal assistance in making a claim that an insurer has initially denied, please call our claims team, who are available 24 hours a day to help you.

Should You Directly Deal With Your Insurance Company?

If you need to make a compensation claim against the Automobile Association, it might be tempting to do so without the help of an injury and accident lawyer. The AA will likely offer you free legal help in making a claim. The firm might also offer you a pre-medical or early settlement.

However, think long and hard before accepting these offers. Saying yes to free legal help might see you sign away your rights or limit the liability of the insurer. A pre-medical offer will not have taken into account the extent of your injuries, the prognosis for a full recovery, and any permanent or long-term impairment you might suffer. Therefore, it is likely to be lower than what you would receive if you moved on to make a full claim.

If you need some advice on whether to accept any kind of offer from an insurance company, you can speak to our claims team any time of the day or night. They will help you reach a decision, and also inform you of any other options you have.

Could Solicitors Help With Insurance Claims?

When it comes to making AA motorbike insurance claims for personal injury or financial loss, a solicitor is likely to secure you a higher level of compensation than if you handle the claim yourself. A solicitor can provide several services as part of the claims handling process, and this includes:

  • Advising you on the kinds of evidence you should submit, and helping you prepare it.
  • Evaluating your claim and advising you on what might be a suitable level of compensation to expect.
  • Advise you about any other actions you should take, such as having an impartial medical examination.
  • Helping you to build a case to prove that you were not to blame and that a third party was.
  • Representing you in the courtroom if the claim goes to court for a decision.

Our expert lawyers have over three decades of experience providing claimants with just these kinds of services. They can do the same for you. Call our claims team to find out how you can proceed with a claim today.

Evidence And Documents To Provide Your Solicitor

Part of the service that one of our expert accident and injury lawyers can provide you is to help you prepare evidence to support your claim against AA motorcycle Insurance. You could provide the solicitor with information such as:

  • Details of your policy and the vehicle you were driving/riding.
  • Details of every third-party involved in the accident, their vehicles and their insurers.
  • Any medical notes or information you have about your injuries and the prognosis for recovery.
  • If you took photographs or shot video footage of the scene or cause of the accident, give that to your lawyer.
  • Proof of any financial losses that you have suffered and wish to claim for.
  • Contact details for any witnesses to the incident.
  • A police accident number if you have one.

If you need some help and advice in preparing this kind of information, please call our claims team and speak to an advisor. They can help you further.

Claiming Compensation For Your Injuries

An important thing we need to cover in this guide to making AA motorcycle insurance claims are the criteria that will affect your eligibility to make personal injury claims. These could include, but are not limited to:

  • You will need to be ready to start your claim within the applicable personal injury claims time limit. This is usually 3 years from the accident date.
  • Only claimants over the age of 18 are eligible to claim. Otherwise, a parent or guardian will need to act as their litigation friend to make the claim on their behalf.
  • You must be able to prove that any financial loss or physical harm you suffered was caused by the accident, and would not have occurred otherwise.
  • Unless you are a rider making a split liability claim against their own insurance, you will need to be able to prove that another party was at least partially at fault, causing the accident.

If you want some free legal advice to work out whether your claim is viable, please talk through your situation with one of our claim advisors.

Motorbike Injury And Accident Compensation Calculator

The table below gives some example injuries and the range of compensation that a victim of these injuries might claim. We based this table on the Judicial College Guidelines published in the UK, a publication the legal system relies upon to value claims. You might also be able to find some type of personal injury claims calculator that can estimate the value of your claim for you.

Edit
Type of Injury? How Severe? Compensation Information
Injured hand Less serious £13,570 to £27,220 Within this classification would be injuries to the hand, that although were initially quite bad, will eventually heal completely with no long-term loss of function. This could include crush damage, fractures, dislocations, soft-tissue injuries, etc.
Injured arm Less severe £18,020 to £36,770 Within this classification would be injuries to the arm, that although were initially quite bad, will eventually heal completely with no long-term loss of function. This could include minor fractures, strains, sprains, crush damage, lacerations, etc.
Injured back Minor Up to £11,730 Within this classification would be injuries to the back that might include a prolapsed disc, hairline fracture to the vertebrae, burns, scrapes, lacerations, etc.
Injured foot Modest Up to £12,900 Injuries such as simple metatarsal fractures, ruptured ligaments and puncture wounds. The length of recovery will dictate the level of award.
Injured leg Very serious £51,460 to £85,600 Within this classification would be injuries to the legs that would have a severe negative effect on the quality of the life of the victim, and potentially complete loss of mobility. For example, multiple compound fractures to both legs, loss of muscle tissue, irreparable ligament and tendon damage, etc.
Injured head/brain Moderate £40,410 to £205,580 Within this classification would be injuries to the head or brain that would leave the victim somewhat impaired in the future. Loss of memory or cognitive function, slurred speech, partial blindness or loss of hearing, etc.

If you wish to have your claim valued more accurately, a personal injury solicitor will need to do this for you. If you speak to our claims team and tell them you want your claim to be evaluated, they can arrange this for you.

Special Damages For Motorbike Injury Claims

When you make a claim for a motorbike accident, or as a third party injured in an accident caused by a motorcyclist insured by the AA, if the claim is successful, the compensation settlement you receive will be based on a number of different types of damages.

General damages are paid for reasons related to psychological and physical injuries. When compensation is calculated it will be based on considerations such as the level of pain and suffering the claimant was subjected to, whether they went through surgery or some form of traumatic treatment, and if there will be some symptoms that will linger or last permanently. These damages might include:

  • Impairments or disabilities that will be either permanent or long-term.
  • Traumatic treatment, therapy or surgery.
  • Psychological issues including anxiety or depression.
  • The general pain and suffering you went through when the accident happened.
  • The mental stress of being subjected to a traumatic experience.

General damages are all paid for reasons related to financial and other non-physical losses. In the case of financial losses that have already been incurred, then the claimant will need to provide documented proof of spending if they wish to claim these costs back. These damages might include:

  • Lost salary/wages either in full or partially.
  • Lost work prospects and lower earning potential in the future.
  • The cost of paying for private medical treatment.
  • To pay for hiring a nurse or other medical help at home.
  • Ad-hoc and out of pocket expenses such as travel tickets.

If you are keen to find out what kinds of damages might be suitable to claim for in your own case, our claims team can help. Speak to an advisor to get started.

No Win No Fee Motorbike Injury Claims

Using a No Win No Fee solicitor offers two primary benefits. You are getting the legal help you need, and also reducing the financial losses you could face. There is no new claims fee, and no fee as the claim is processed. Also known as a Conditional Fee Agreement (CFA), your solicitor will only ask you to pay a small success fee (the limit is legally capped). If the claim fails, your solicitor will not ask you to pay any fees that have accrued. We can provide you with more information about how a CFA works if you call our claims team.

Begin A Motorbike Accident And Injury Claim

If you have suffered a motorbike injury and are in a position to make a split liability claim or as a third-party injured by a rider insured by the AA, then we can likely help you. You can speak to our claims team on 0800 073 8804. They are available 24/7 to take your call, and an expert advisor will talk you through our claims process with the goal of organising one of our accident and injury lawyers to begin working on your claim for you. Whatever help and advice you need, give us a call today.

Essential References

You can also learn more about motorcycle accident claims below:

These external links all lead to pages that have further information that could be useful:

British Motorcycle Foundation Information About Safety

Facts About Motorcycle Casualties

UK Road Accident Statistics

 

Guide by Wheeler

Edited by Billing

Just Motorcycle Insurance Compensation Claims Guide

Within this online guide to making a compensation claim against a policy brokered by Just Motorcycle Insurance, we aim to talk you through the claims process, from the initial incident to engaging a personal injury solicitor to process a personal injury claim on your behalf. We cover the legal and financial considerations of making a claim and look at why you may be eligible to make a claim.

Just motorcycle insurance accident claims guideEach claim has its own unique circumstances. This means that no online guide could ever contain the answers to every possible question. If you do indeed find that you have questions that are unanswered once you have read this guide, then please do call our claims team on 0800 073 8804. An expert advisor will give you the answers you need, and explain how we can help to get your claim underway today.

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A Guide To Claims Against Just Motorcycle Insurance

This online guide is focused on making motorcycle insurance claims against policies acquired through the insurance broker, Just Motorcycle Insurance (JMI). The claim could either be made by a policyholder for a motorcycle injury or some other reason, or it could be made by a third party injured by the actions of a policyholder.

This guide begins by discussing the kind of policies that the company offers to bikers, and why people need to make a claim against such an insurance policy. We have listed some of the more common reasons that people are put in a position where they need to make a claim as well. We give some information on how Just Motorcycle Insurance brokers its insurance products as well.

The next part of this guide covers the early stages of making a compensation claim. The possibility of a claim being refused is discussed. We also explain why an insurance firm will often offer a claimant a pre-medical or early settlement offer, and try to show why a personal injury lawyer would generally win you more than this initial offer. We close this part of the guide with a section that details the kinds of information you will need to provide your solicitor with to enable them to process a claim on your behalf.

The last few sections of this guide go over a number of financial issues. This includes a table that gives examples of different kinds of injuries and shows the possible range of compensation they could be awarded. We support this section by following it up with a list of some of the more commonly received kinds of damages that can make up an overall compensation settlement. In closing, we give a general overview of our No Win No Fee service offering, explaining how this kind of agreement works and what the benefits could be to you.

If you need any of the information in this guide expanded on, or have general questions related to the claims process or your own claim specifically, then please call our claims team and discuss your situation with one of our advisors. They will have the answers you need and will offer you legal advice, with no obligation, about how best to proceed with your claim.

What Is A Claim Against Just Motorcycle Insurance?

As the name suggests, Just Motorcycle Insurance is an insurance broker that specialises in policies for motorcyclists. The company offers a range of products to suit different types of motorcyclists, such as multi-bike insurance, classic bike insurance, small capacity and scooter insurance, and low mileage policies. The biker may need to make a claim against their own policy for a number of reasons (more on this below). However, more commonly it will be another road user that has been injured in an accident that was caused by a rider who was insured through Just Motorcycle Insurance who will make a Just Motorcycle Insurance claim.

This guide covers both scenarios, and we will clearly explain the differences where they exist. If you have any questions about your own claim at this point, now would be a good time to call our claims team and have those questions answered by one of our expert advisors.

Circumstances When You May Claim Against Just Motorcycle Insurance Policies

In the previous section, we mentioned how either a client of the insurer or a third party impacted by the actions of a client of the insurer might make a claim. In this section we will expand on this, detailing some of the different circumstances in which a claim might be possible.

A third party could be able to claim against a policy acquired through Just Motorcycle Insurance if:

  • The driver or passenger in a vehicle that was involved in an accident caused by a JMI policyholder suffers physical or psychological harm.
  • If a vehicle or other private property is damaged in an accident caused by a JMI policyholder.

A motorcyclist might claim against their own insurance if:

  • They are injured in a motorcycle accident for which blame is shared between those involved, and therefore the biker will make a split liability claim.
  • If a bike covered by the rider’s policy is stolen or damaged.

There are, of course, other reasons to make a claim, but these could be regarded as the most common. If you are unsure whether you can claim in your own circumstances, please call our claims team and ask for one of our advisors to evaluate your claim for you.

Do Just Motorcycle Insurance Have Underwriters?

The Motor Insurers Bureau (MIB) maintains a list of insurance underwriters. JMI is not on this list, as the company uses third-party underwriters. This means that when a person is making a personal injury claim against JMI, there will be a third party involved that could potentially influence how the claim proceeds.

An underwriter administers the financial fund that is used to pay compensation settlements. It is therefore bad business for the underwriter to pay out when they do not need to. This means that most insurers will require the claimant to fulfil some very stringent eligibility criteria in order for a claim to be possible. We will cover this in more detail later in the guide.

If you need help dealing with your insurance firm or an underwriter, we can assist you with some free legal advice. Call our claims team and speak to an advisor to proceed with this.

What Happens If An Insurer Doesn’t Pay Out?

It should be obvious that every motorbike insurance firm is going to try to pay out the least compensation for a motorbike accident or attempt not to payout at all. Therefore, you may find that initially you claim is denied, for reasons such as:

  • You have not complied fully with the terms and conditions set out in the policy wording.
  • You were responsible for causing the accident in some way.
  • You did not suffer harm that can be solely attributed to the accident in some way.
  • You cannot prove or provide evidence of the financial losses caused by the accident.
  • You cannot prove that a third party was responsible for causing the accident.

If your claim is initially refused, don’t worry. We can likely help you. We can assist you in preparing for a claim, and provide you with an expert accident and injury lawyer to process your claim for you. Speak to our claims team today to go through our claims process with an advisor.

Dealing With Insurance Providers

When you initially inform an insurance firm about a motorbike accident or any other kind of road traffic accident, it’s likely that they will send prospective claimants a letter offering free legal assistance, or some form of an early or pre-medical settlement offer.

Insurers do this in order to try and tempt a claimant into accepting the quick and easy resolution to their claim, even though they might be receiving fewer damages than they could because the settlement does not fully take their injuries into consideration.

If you would like some advice about accepting an early offer of settlement, please speak to one of our claims experts today. They will be able to assist you further.

Should I Consult A Solicitor?

If you have suffered a motorbike injury, or have some other reason to claim against an insurer, then a lawyer can help you in many ways. It could mean the difference between your claim being a success and losing it. For example, a solicitor can:

  • Advise you on the kinds of evidence you should submit to support your claim.
  • Let you know any actions you should take, such as going to a medical examination.
  • Evaluate your claim and let you know what level of compensation could be appropriate.
  • Process your claim for you, attempting to reach a successful resolution.
  • Represent you in court if this is required.

Our solicitors have over 30-years of experience in providing claimants with just this kind of help. If you would like us to arrange for one to help you with your claim, please let our claim team know today. They are available 24 hours a day, 365 days a year.

What Information Should I Provide My Solicitor?

When you approach a motorcycle injury solicitor to process a claim against a motorbike insurance provider for you, you will need to provide the legal team with all of the information they need to do their job effectively, and this could include:

  • Any information such as medical notes, which can prove the extent of your injuries.
  • Any bills, invoices or receipts that prove monetary loss you are intending to claim for.
  • The details of all parties involved in the accident and their insurance information.
  • Any video or photographic evidence you manage to get at the scene of the accident.
  • If the police attended the accident, ask for the accident number.
  • Contact details for anybody who might be able to provide witness testimony about what happened.

If you want some help and advice about preparing the evidence you need to support your own claim, please speak to one of our claim advisors and they will help you.

Could I Seek Damages For My Motorcycle Accident And Injuries?

No claims guide would be complete without talking about the tricky subject of eligibility to claim. If you have suffered a motorbike injury and wish to make a split liability claim, or if you are a third party looking to claim against the bike insurance of the person responsible for the accident, you will need to:

  • Be within the personal injury claims time limit. Our claims team can advise you on what this will be. Usually, it is three years from the date of the accident.
  • Be over the age of 18 when you begin your claim. Alternatively, a litigation friend can make the claim on your behalf.
  • Prove you have suffered financial loss or physical harm because of the accident.
  • Be able to prove that a third party was responsible for the accident (unless you are making a split liability claim).

These are some of the key precursors to making a compensation claim. There could be others that apply in your own case. You can check with our claims team and find out what the criteria for eligibility might be in your own circumstances.

Motorbike Accident Injury Claims Calculator

We used the Judicial College Guidelines published in the UK to create the example table below. These are the same guidelines used by the legal system to value claims.

Edit
Type of Injury? How Severe? Compensation
Injured hand Moderate to serious Up to £58,100
Injured arm Simple fractures to severe Up to £122,860
Injured back Minor Up to £2,300
Injured foot Modest to very severe Up to £102,890
Injured leg Less serious to very serious Up to £85,600
Injured head/brain Minor Up to £11,980

You could also try using a personal injury claims calculator to get a rough estimate of the level of damages you could receive. You might like to get an accurate valuation of your claim based on your own unique circumstances. In this case, call our claims team and explain this, and they can organise one of our solicitors to evaluate your claim.

Additional Damages Awarded For Motorbike Accidents

If you win your claim and are awarded a settlement, the amount of compensation you receive will be made up of a number of different types of damages.

General damages are a group of associated damages that covers the physical or psychological harm the claimant has suffered. When awarding compensation, the level of suffering the claimant has been through, any long-term disability, how intrusive the injuries have been on the claimant’s life, and similar considerations apply. General damages might include:

  • Provision for any long-term or permanent disability the claimant will need to live with.
  • For having to undergo invasive or traumatic treatment or extended therapy.
  • Developing psychological issues such as post-traumatic stress disorder, anxiety or depression.
  • General suffering and pain inflicted at the time of the accident.
  • The shock and trauma of being involved in an accident.

Special damages are a group of associated damages that refer to non-physical loss, financial and otherwise. When claiming for costs incurred, the claimant will need to provide evidence to show what payments have been made and why in the form of bills and receipts. Special damages might include:

  • Loss of future income potential due to lowered work capacity.
  • Loss of income if you needed to take time away from your job to recover, and lost out on your salary or wages either partially or in full.
  • The cost of any private medical treatment you needed that you could not have gotten on the National Health Service (NHS).
  • Home care costs, such as paying for a nurse to visit you at home.
  • Ad-hoc expenses such as travel tickets.

These are some of the most frequently awarded kinds of damages but there are many more you could potentially claim for. If you talk to one of our claim advisors and explain your claim to them, they could be able to indicate which types of damages might be appropriate to claim for in your own case.

No Win No Fee Motorbike Injury Claims

We can arrange for a No Win No Fee solicitor to process your claim for you. This kind of agreement, also known as a Conditional Fee Agreement (CFA) is a good way to get the legal help you need, as well as reducing the risk of financial loss.

The lawyer we provide you with won’t ask for any new claims fee to start working on your case, or any fees as it is ongoing. If the claim fails, then the lawyer won’t ask you to pay their fees. If the claim is a success, at this stage your lawyer might ask you to pay a small success fee, which is legally capped. This fee can be taken directly from any money the lawyer has received for you. For more information about making a No Win No Fee claim, call our team on the number below.

Start A Claim

Do you think you might be able to claim compensation for being knocked off a motorbike? Or are you a road user that has been injured by the actions of a motorcyclist? No matter what legal help you need, or how close to beginning a claim you believe you are, we can assist you. Please speak to our claims team on 0800 073 8804 and explain your situation to them. An advisor will talk over your claim with you, evaluate it, and let you know whether it is potentially viable or not. They will also explain how one of our solicitors could help you further.

Essential References

You can also learn more about motorcycle accident claims below:

These external links have additional information that could be useful:

Facts About Motorcycle Casualties

British Motorcycle Foundation Information About Safety

UK Road Accident Statistics

 

Guide by Wheeler

Edited by Billing