PERSONAL INJURY

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Personal Injury

Accidents happen and usually result in injury; if you have suffered injury as a result of an accident within the last three years that was someone else’s fault you may be entitled to compensation. Our expert practitioners and balanced teams can assist you with the full range of Personal Injury Claims be it the result of road traffic accident (as driver, passenger, pedestrian or cyclist); an accident at work; a trip on the street or an incident on private land.

Contact us for a free assessment. We take work on a No Win No Fee Basis.

ROAD TRAFFIC ACCIDENTS

Road traffic accidents are the most common cause of personal injury, with injuries ranging from whiplash (which can range from the trivial to major debilitating soft tissue injury), travel anxiety, broken bones, amputation, post-traumatic stress, catastrophic brain or spinal injuries.

If you have been involved in a road traffic accident (which was not your fault) you may be entitled to compensation. AMS Solicitors will look after your interests, guide you through the process and ensure you get the right compensation for your injuries. If your injuries will benefit from physiotherapy or other treatment or you require further investigations such as x-rays or scans we can make arrangements for you.

If your injuries are serious enough to keep you of work for a period or worse still you are forced to change jobs or quit work altogether due to your injuries, we will do everything we can to ensure you get support and advice on issues such as retraining, benefits and as well as rehabilitation.

An accident can cause a whole new injury or problem but equally if you are already suffering with an injury it can aggravate and intensify the underlying issue for a period or for the rest of your life; or in some cases it can bring forward a condition which you were always going to suffer in time, but had no prior knowledge of – this is a matter for expert medical opinion. In every case the Defendant is liable for the damage they have caused.

Everybody is different, and the same injury can affect different people in entirely different ways, your age, your lifestyle, medical history can all affect how your body deals with physical and psychological injury. We understand that your injury and recovery is unique to you. Our specialists have years of experience dealing with clients as individuals taking time to listen to you, explain your options and agree a course of action which you are comfortable

with to progress your claim.

Always remember however if we are to achieve the best outcome for you in what are increasingly difficult times we need you to help us – it’s your claim and your input can have a dramatic effect on the outcome. Always give the clearest instructions you can, if we ask for information or assistance please don’t delay and if we ask for documentation it’s because we need it (if you don’t understand why – just ask) and please let us have it as soon as possible.

For the best results we have to act as a team.

If you are involved in an accident what should you do?

Exchange details with the other driver (name, address, vehicle registration number and make of vehicle) if you have a camera phone take images of the scene, the vehicle damage even the driver; make no concessions and if you have any doubts about the Defendant call the police. As soon as possible after the accident maker a clear note of what you remember about the accident circumstances.

You can still claim compensation even in situation where the at fault driver is uninsured, or unidentified (he failed to stop, or fled the scene or even gave you false details) – we can help you make claims against the Motor Insurance Bureau (MIB).

If you are injured seek medical advice be it from your GP, at a Walk-in-Centre or hospital accident and emergency department. Again keep a note of your injuries and the progression of your symptoms.  If you were the driver of a vehicle involved in a road traffic accident which was not your fault, we can help you claim the compensation you are entitled to; even where you may be partly at fault you can still claim compensation though it may be slightly reduced to reflect liability split.

If you were was a passenger in a privately owned vehicle such as a van, car or motorcycle, a passenger on public transport, or in a taxi and if you have been injured due to someone else’s negligence you should be able to make a claim for personal injury compensation.

Passengers involved in road traffic accidents can suffer in exactly the same way as drivers; the same injuries, the same losses. The only difference being that as a passenger you are almost certain to be an innocent party and entitled to compensation from someone. If you are a motorcyclist you are particularly vulnerable and exposed to injury on the roads the lightest of touches can have serious consequences and you can be left with serious and

even life changing injuries if you are involved in a collision.

 

Our experienced professionals can assist in recovering compensation, as well as the cost of any damage to your

motorcycle, getting you back on feet again as soon as possible. If you were a cyclist you face the same risks as a motorcyclist but generally with less visibility, and even less protection and less protective clothing. Again the risk of injury is great and the range of injuries from the trivial to the most serious. Unfortunately as road become busier and cycle use increases accidents involving cyclists are becoming more and more prevalent. We will take care to guide you through the process and get you back on your bike as soon as you are ready.

As with all injury claims you have three years from the date of the accident in which to make your claim (this is different in the case of children) but realistically the sooner you bring your claim to the attention of the Defendant the better.

 

ACCIDENTS AT WORK

Your employer is under a duty to take reasonable care for the Health & Safety of his employees; an obligation to provide competent staff, adequate materials and a safe system of work. You are entitled to expect a safe place of work, with safe access to and from it. All machinery should be adequately guarded and equipment should be properly maintained and in a safe and proper condition. Your work area should be properly lit and you should be

provided with adequate protective clothing. You should not be required to lift excessive weights and you should not be required to undertake a system of work which exposes you to an unnecessary risk of injury.

In addition there is a whole raft of Health and Safety regulations cover all forms of workplace accidents and injury including (but not limited to), working at height, manual handling (lifting, pushing, pulling, carrying, or moving), use of machinery and equipment, and the provision and use of safety equipment; there are regulations applying to people using VDU’s or working with hazardous substances. A breach of the regulations resulting in injury may lead

to a right to compensation.

Jobs should be risk assessed to minimise risk and ensure compliance and the assessment should be documented – you should be given adequate training to perform your duties. Your employer is said to be liable for the acts and omissions of his employees – that extends to you. If a workmate injures you at work in the course of his employment, you can claim against your employer for your mate’s negligence.

 

If you are partly at fault for your accident, and the law imposes duties and obligations on you as an employee as well, you can still claim compensation for your injuries although the amount of compensation you recover may be reduced to reflect the amount your negligence contributed to the accident happening. If you are injured at work make sure it is reported and entered in the accident book. As well as helping you ultimately to claim compensation, we can also help you with your private medical treatment costs and rehabilitation requirements, for example, for

physiotherapy following the injury if necessary.

If your injuries are serious enough to keep you of work for a period or worse still you are forced to change jobs or quit work altogether due to your injuries, we will do everything we can to ensure you get support and advice on issues such as retraining, benefits and as well as rehabilitation. An accident can cause a whole new injury or problem but equally if you are already suffering with an injury it can aggravate and intensify the underlying issue for a period or for the rest of your life; or in some cases it can bring forward a condition which you were always going to suffer in time, but had no prior knowledge of – this is a matter for expert medical opinion. In every case the Defendant is liable for the damage they have caused.

Everybody is different, and the same injury can affect different people in entirely different ways, your age, your lifestyle, medical history can all affect how your body deals with physical and psychological injury. We understand that your injury and recovery is unique to you. Our specialists have years of experience dealing with clients as individuals taking time to listen to you, explain your options and agree a course of action which you are comfortable

with to progress your claim. As with all injury claims you have three years from the date of the accident in which to

make your claim (this is different in the case of children) but realistically the sooner you bring your claim to the attention of the Defendant the better.

SLIPS AND TRIPS

Slips, trips and falls are among the commonest forms of accidents. If a slip or fall happens in  public place, on the street, at work, a shopping Centre, a sports stadium, a cinema or theatre or elsewhere, then the party who is responsible for the property may be liable to compensate you for your injury. The mechanics of the accident can be crucial; what caused you to slip, trip or fall and why. We know it’s difficult when you have injured yourself and you

are in possibly considerable pain but witnesses are important if any come forward and if there is a defect photographs can preserve the evidence; once you report the accident (and you should) any defect may be quickly repaired.

If your accident happened on the street – a pothole in the tarmac, a loose or raised flag – the local authority are generally under a duty to maintain the highway. If your accident happened on private land (and that may include public buildings such as hospitals) the Occupier is under a general duty to ensure the safety of visitors to the property. If they don’t keep it safe or properly maintain it and you are injured as a consequence you may be entitled to compensation.

When you report the accident – and we understand it isn’t always obvious who to complain to - make sure it recorded and take the name of the person you report it too. Every year thousands of people are injured as a result of accidents in public places. A simple slip can cause very serious injuries such as back injuries, broken bones, paralysis, and head injuries. If you have had an accident in a public place and received medical treatment, you may be entitled to compensation.

As well as helping you ultimately to claim compensation, we can also help you with your private medical treatment costs and rehabilitation requirements, for example, for physiotherapy following the injury if necessary. If your injuries are serious enough to keep you of work for a period or worse still you are forced to change jobs or quit work altogether due to your injuries, we will do everything we can to ensure you get support and advice on issues such as retraining, benefits and as well as rehabilitation.

An accident can cause a whole new injury or problem but equally if you are already suffering with an injury it can aggravate and intensify the underlying issue for a period or for the rest of your life; or in some cases it can bring forward a condition which you were always going to suffer in time, but had no prior knowledge of – this is a matter for expert medical opinion. In every case the Defendant is liable for the damage they have caused. Everybody is different, and the same injury can affect different people in entirely different ways, your age, your lifestyle, medical history can all affect how your body deals with physical and psychological injury. We understand that your injury and recovery is unique to you. Our specialists have years of experience dealing with clients as individuals taking time to listen to you, explain your options and agree a course of action which you are comfortable with to progress your claim.

As with all injury claims you have three years from the date of the accident in which to make your claim (this is different in the case of children) but realistically the sooner you bring your claim to the attention of the Defendant the better.

THE PROCESS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

How long does the process take?

This depends entirely on the attitude the Defendant insurers take first to liability which may involve investigations if their insured makes no admissions and then to valuation of the claim and acceptance of financial losses. It is

impossible to say at the outset of any claim how quickly it will end.

What is Medco?

Medco is a Government created medical agency aimed at stopping parties relying on their own favoured experts and unifying the quality and cost of reports prepared in support of low value claims. When we ask for nomination we are supplied with randomly generated experts and agencies we are allowed to approach. The expert will be

local to you. If your injuries are more serious and if more specialist assistance is required we are no longer obliged to go through Medco.

What is the Ministry of Justice (MOJ) Portal?

The Government has decided that all claims for personal Injury worth less than £25,000.00 is a Low Value Claim and should be dealt with via a protocol which all parties and insurers are obliged to follow. Case worth more than £25,000.00 still start by letter of claim; followed by investigation and negotiation which will result in settlement or the commencement of Court proceedings, if the parties can’t agree. If the matter continues without settlement through the Court process a Judge will decide at a trial who was liable and what damages are due. Everything else, the vast majority of Personal Injury claims in fact must be submitted electronically to the MOJ Portal from where it is passed to the relevant insurer.

Stage One

claim entered on the Portal;

Insurer has 15 working day (3 weeks) to make a decision on liability;

if liability is denied, or no decision is reached the claim falls out of the portal and the insurers have 3 months from the date of submission of claim to conclude their investigations;

Stage Two

if liability is admitted we arrange for you to be examined by a locally based but randomly generated medical expert through Medco;

Once the report is received and approved by you we will agree a value for your claim with you;

The report is then uploaded to the portal with an offer to settle and the insurer has 15 working days in which to accept the offer or make a counter proposal;

after 35 working days if we not agreed a settlement we can move to stage three;

Stage Three

if a settlement can't be agreed we are able to issue expedited Court proceedings which are paper based;

a Judge will consider the case on paper and decide what the appropriate level of damages should be.

 
 
 
 
HOURS & LOCATION
Location

Registered office and practice address:

AMS SOLICITORS PRESTON


1B Fairways Office Park,
Pittman Way,
Preston,

PR2 9LF

 

Tel: 01772 653 333

Fax: 01772 653 443

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Hours

Monday 9:00 am to 5:00 pm

Tuesday 9:00 am to 5:00 pm

Wednesday 9:00 am to 5:00 pm

Thursday 9:00 am to 5:00 pm

Friday 9:00 am to 5:00 pm

Saturday Closed

Sunday Closed

We are contactable 24/7. Just use the form above and we will get in touch with you.

We accept instructions in Personal Injury matters on a no win no fee basis

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AMS Solicitors is the trading style of AMS Solicitors Ltd. A Company registered in England and Wales. Reg No. 06001 130.

A list of the names of our Directors is available for inspection at our registered office. The term 'Partner' if used, denotes a Director of  AMS Solicitors Ltd or an employee or consultant of AMS Solicitors Ltd with equivalent standing.

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AMS Solicitors are Authorised and Regulated by the Solicitors Regulation Authority No.498537. Details of the professional rules governing the conduct of solicitors go to http://www.sra.org.uk/solicitors/handbook/code/content.page

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