questions

I slipped on some diesel and crashed into the back of another car but my insurer says as the accident was my fault I cannot claim for my whiplash injuries... — by Conrad Murray — last modified 2008-05-03 09:38

I crashed my car into a van that was stopping, after skidding on what looked like diesel on the road. I hit it from behind. After the accident I felt 'jittery' but carried onto work but the next day I started to feel stiff, and from then, I have been in quite a bit of pain. I went to see my GP who said I have severe whiplash that radiates down my left arm and maybe torn ligament damage/soft tissue damage in my trapeze! He has made an urgent referral for physio and put me on Tramadol and naproxen for the pain. However, my insurance has said that although I have legal expense insurance and am fully comprehensive on my motor insurance I cannot claim as it will be classed as my fault and I cannot claim against myself! Is this correct? I genuinely have hurt myself and feel quite let down by my insurers.

Electric shock received on holiday: can I claim compensation? — by Conrad Murray — last modified 2007-05-15 07:29

I recently visited the Sherwood Forest site of 'Centre Parcs', where I suffered quite a large electric shock as a result of faulty lighting and I wondered if I am entitled to claim compensation?

Money laundering question — by Conrad Murray — last modified 2007-05-04 06:22

What is the maximum amount of cash I can use to purchase an article without being reported for money laundering?

Holiday differed from description: can I get a refund? — by Conrad Murray — last modified 2007-05-13 11:17

When you purchase a holiday from a travel agents and the hotel differs from the description they gave you can you have a refund on return from your holiday?

What is the time limit for claiming compensation for a personal injury? — by Conrad Murray — last modified 2007-05-20 10:59

Most claims must be made within three years of an injury taking place or being diagnosed.

What are the time limits for a child claiming compensation for a personal injury? — by Conrad Murray — last modified 2007-05-20 11:04

The same time limits apply to a child's claims as for adults, - three years in negligence cases, six years for a criminal injury - but the clock only starts running on their eighteenth birthday.

Under what circumstances can a claim for injury compensation be made — by Conrad Murray — last modified 2007-05-20 11:14

There must be negligence on the part of another - either a company or an individual - before compensation can be claimed. The old saying - if there is blame, there may be a claim - applies.

What are the time limits for claiming compensation for a criminal injury? — by Conrad Murray — last modified 2007-05-20 11:22

Criminal injury claims can be brought in the civil courts but it will be necessary to establish whether the defendant has sufficient assets to ensure this is worthwhile. Most criminal injury cases are brought through the Criminal Injuries Compensation Authority.

Is it possible for relatives to claim compensation after a person has died? — by Conrad Murray — last modified 2007-05-20 11:30

It is possible to make a claim after someone has died (whether the death resulted from the injury or illness or not).

What are the proper steps to take to make a successful compensation claim if an accident or injury occurs? — by Conrad Murray — last modified 2007-05-20 11:36

You will greatly enhance your chances of making a successful claim if you take the following steps as soon as possible after the accident happens :

What evidence should I gather to further my compensation claim should an accident or injury occur? — by Conrad Murray — last modified 2007-05-20 11:51

Carefully gathering the evidence and keeping notes will greatly assist a successful claim. Here we detail what information is worth gathering.

Nearly three years on 90% of liablity is admitted but no interim payment, no information from my solicitors and no solution on the horizon — by Conrad Murray — last modified 2007-05-21 17:03

I had an accident nearly 3 years ago. For over two years a solicitor has been dealing with my case. About 5 months ago the insurance company agreed that they were 90% liable for the accident. My worry is that everything is happening very slowly and I am struggling financially. My solicitor has advised me that they will be issuing court papers shortly as the 3 year limit is fast approaching. I am finding that none of this makes any sense to me. Why do the insurance company take so long? They know I will not drop the case as it is a no win no fee solicitor and therefore I have no need to, but the longer it takes the greater their costs are. The insurance company have made no offer at all and seemed to ignore my solicitors request for settlement and for an interim payment. Sometimes I feel like contacting the insurance company myself to ask what the problem is, but I am sure I am not allowed to do this. Am I supposed to just leave my solicitor to do his work? I just feel lost by all of this and am finding it very stressful.

Contacted by council offering to settle claim — by Conrad Murray — last modified 2007-05-25 11:26

I was injured on a council-owned site when I put my foot through a wooden board and broke my ankle which I am still having treatment on. A very nice man from the council called yesterday and told me it could take years to settle and would I accept a cheque for £1,000 as full and final settlement without their admitting liability. I am a bit short of cash as I have been unable to work and I am self employed. What should I do?

My solicitor has given me an estimate of my general damages but says he cannot advise what special damages I will receive for my compensation claim... — by Conrad Murray — last modified 2007-05-25 17:54

My solicitor has given me a likely figure for my injury which he says is "general damages" but says he cannot quantify what my "special damages" will be at this stage. What are general damages and special damages and why cannot he quantify what the special damages be?

Can I claim further compensation if my condition deteriorates after I accept my compensation award? — by Conrad Murray — last modified 2007-05-26 06:58

I have been offered a compensation settlement against my employer for industrial asthma but my doctor has warned that my condition may deteriorate further over time. Am I able to reserve my position and go back to claim further compensation in future if my condition deteriorates as expected?

Is interest available on compensation claim awards? — by Conrad Murray — last modified 2007-05-26 07:21

I made a compensation claim for an injury but the case seems to have been dragging on for years, largely as a result of the delaying tactics of my employer's insurer. The award is likely to be substantial and we are at last getting close to reaching a conclusion, but will I be able to claim interest on the amount or will they benefit from dragging it out.

Gashed leg at car boot sale but dispute over whether landowner or organiser is responsible... — by Conrad Murray — last modified 2007-05-26 07:40

I gashed my leg badly on a metal stake at a car boot sale organised by our local scouts. I want to claim compensation but I have spoken with the scoutmaster and they say they have no insurance. The land is owned by the parish council who do have insurance but was let for the day to the scouts and the clerk says the scouts are responsible. Who do I claim against or will my compensation claim fail because the scouts have no assets or insurance?

Injury caused to one employee resulted from negligence of another employee — by Conrad Murray — last modified 2007-05-26 07:57

I own a small engineering business and one of my employees was recently injured because a guard had been wrongly fitted by another worker. I initially denied responsibility but my insurer says it is likely I will be held "vicariously responsible". To what extent am I responsible for all my workers actions? If one is injured while they are fooling around, am I responsible for that?

What is required to prove negligence in order that a successful injury compensation claim can be made? — by Conrad Murray — last modified 2007-05-26 08:05

What is required to prove negligence so a successful injury compensation claim can be made?

Injury award for long past accident: can I use a personal injury trust so as to entitle me to benefits under a means test? — by Conrad Murray — last modified 2007-08-20 10:59

I am classed as 'severely disabled', I am a permanent wheelchair user, I received an award for injury in 1984. I have managed to live off this money until recently when I have found things financially difficult. I now wish to claim benefits but the money I have left far exceeds the means tested limit. Can I put the remaining money into a 'Personal Injury Trust' now and 'after the fact' so to speak and claim benefits?

Bringing criminal injury compensation claims within European Union — by Conrad Murray — last modified 2007-09-17 11:46

I was attacked on holiday in Tenerife last year leaving me with a large scar over my right eye. I believe I was drugged and mugged. Can I claim compensation?

Fell though open, unguarded trapdoor in public house: can I claim compensation? — by Conrad Murray — last modified 2007-09-17 11:55

I was in the pub on Friday night, went to the toilet and on returning unbeknownst to me the pub workers had opened a trap-door in the middle of the pub which had no one watching it or signs around it. I fell through the trapdoor 12 foot and was knocked unconscious. An ambulance was called and I was taken to hospital and kept in over night. Nothing was broken however I was badly bruised and knocked up. I was given crutches as I had difficulty walking. I'm expected to make a full recovery within the week. My question is that I broke my watch in the fall, had my clothes cut off me at the hospital, could not go to an event I paid for over the weekend and my partner who was away for the weekend had to get back to London at expense to look after me. Whilst I would feel guilty if any one lost their job over it (though I was told I was extremely lucky as I could have broke my neck), the pub was negligent and as well as physical injury it cost me money. I would therefore at the least like to recover the money I lost as a result of the accident. Any advice would be appreciated.

Bringing a case of negligence against a dentist for ineffective treatment — by Conrad Murray — last modified 2007-09-17 16:24

I would like to know if you would consider my circumstances worthy of litigation. My situation is that I have suffered from a chronic pain condition for many years, and after having seen many different practitioners I was finally recommended a dentist who suggested that he could treat chronic pain caused by dental “malocclusion”. While he was very careful in the wording of his correspondence with me, I never missed the opportunity to question him about the validity of his techniques in relation to pain, and he always recounted examples of previous patients who had benefited from what I now believe to be quackery. His treatment involved moving my teeth backwards and forwards using orthodontic appliances. After 5 years of this nonsense, I became very unsatisfied at the lack of progress. I have spent over 10k on the treatment, and in 2006 I had to leave full-time employment because my pain had simply gotten worse over the 5 years. I now live on disability and find myself in debt as a result of the time and money I wasted on this “treatment”, which a pain-consultant at the National Hospital completely debunked as quackery. Please let me know what you think of my case.

Defective rhinoplasty surgery: how quickly should a claim be made? — by Conrad Murray — last modified 2007-09-22 10:22

I would be grateful if you could answer the following query. In 1997 I had a rhinoplasty which was performed by a Harley Street plastic surgeon. I was very unhappy with the results and complained to the surgeon at the time, however he refused to consider my request for a partial refund for the cost of the operation. Do you think I would still be able to ask for compensation, or the fact that the surgery took place ten years ago would prevent me from doing so?

Running a personal injury claim in person - the defendant has offered to settle on a no-cost basis: am I winning or losing? — by Conrad Murray — last modified 2007-09-23 16:31

I am running a personal injury claim (multi-track) as Litigant in Person. The defendant has offered to settle on a no-costs basis if I discontinue (in a Calderbank letter). Am I winning? Will there be a genuine offer or is it a tactic to lull me into a false sense of security? So far their costs are £17k with another £10k - £17k in addition if it goes to trial! Why make the offer as if I lose they get the costs anyway?

Electric shock caused by electric fire may result in deafness and tinnitus: important to get a free hearing check... — by Conrad Murray — last modified 2007-09-29 13:44

I took delivery of a quartz electric fire from Focus DIY. After unwrapping it I plugged it in and switched on at the socket. I then bent down and turned the switch of the fire on. There was a flash and loud bang, and I was knocked backwards. My right hand took an electric shock and for a moment I didn't know what was what. My hand felt pins and needles and heavy as lead, and I was aching but had no burns. After a while I telephoned NHS direct, and was told that I had described a typical electric shock, and that the feeling might last for a few days but to go to hospital for a check up. I did go to hospital where I had checks on my blood pressure and an ECG. Fortunately all was OK, but they could see that I was worried and told me not to be alone for the night and to go back if I got pains up my arm or my chest.

Car crash the evening before my daughter's wedding caused injury and also loss of enjoyment of her big day: will we receive enhanced compensation as a result? — by Conrad Murray — last modified 2007-09-29 14:55

I was driving along a main road when, without any warning, a car pulled out of a garage and hit the rear of my car sending it into the path of oncoming traffic which resulted in my car having a head-on collision with a transit van. The other driver has admitted liability. I suffered badly gashed legs, bruised face and a fractured sternum and am likely to be off work for at least 6 weeks. My daughter, who was a passenger in my car, suffered a bad seat-belt burn on her neck and whiplash injury. All this happened the evening before her wedding! Although I understand there are 'set' amounts for whiplash and sternum injuries, can we claim for loss of enjoyment of the wedding day? We were both determined to go ahead with everything as planned and make the best of things, which we managed to do to some extent with the help of lots of painkillers! Nothing can bring that day back for either of us but how can we put a value on such a day?

Child found toy in Tesco and prepared to take it to lost property only to be confronted with security staff... — by Conrad Murray — last modified 2007-10-03 15:14

While shopping at Tesco our small girl found an electrical toy lying on the floor. This was obviously a used item and not Tesco goods. We decided it looked expensive and as there were various shops around that the best thing would be to leave at the police lost property. We completed our shopping and while exiting the alarms were set off and we were what can only be described as ambushed by security, Tesco staff and alarmingly the male owner of the item who lost it in the first place! All manner of accusations were made in front of staff, onlookers family and acquaintances and we were very distressed, especially my child who thought she had done the right thing. As we were shopping for quite a while this operation and surveillance must have been ongoing in the background with no approach to us regarding the toy. Instead we were accosted and embarrassed in front of the shop and treated like criminals. My wife and child have not had much sleep since the incident and I feel I should take matters further if at all possible. Would this be a worthwhile case to bring, or should we just ignore and try to forget it?

Ate fingernail found in Tesco muffin: what would be reasonable compensation? — by Conrad Murray — last modified 2007-11-03 15:02

After bringing home my muffins from Tesco's freshly baked counter. I was horrified to find myself eating somebody's fingernail. As I am sure you can understand I was sickened and horrified and also very angry. After being violently sick I rang my local store and spoke to a manager. It was agreed I would go back into the store the following day. When I spoke to the manager in person I was advised that the muffins aren't actually baked on-site so all complaints go to head office with the item (and fingernail) to be tested and investigated. I received a measly ten pound gift card on receipt of them taking the product etc. I feel cheated and disgusted at how I was treated and am just wondering whether I have done the right thing letting them take the food and what I should do if they offer me no compensation. Is this a normal occurrence? What would be your advice for me!

Field engineer mugged at work: can he claim compensation? — by Conrad Murray — last modified 2007-11-08 07:35

I am a field engineer and was mugged at the back of my van, I was struck several time on the head and had my work mobile stolen and also my wallet containing £370.00, credit cards, driving licence. I collapsed in the police station and was taken to hospital were I was monitored for approximately 3 hours, I was then released and told to rest. My forehead just above my right eye was swollen, I also am still suffering with severe headaches, and a tighten stiff neck, I have had 1 black out since the accident last week. I was given 4 days off work (but did not lose any sick pay or bonus).

Child broke hand on riding lesson but no treatment was offered by riding school: can she claim compensation? — by Conrad Murray — last modified 2007-11-12 12:52

My 5 yr old daughter was horse riding, when the horse got spooked and threw her off and subsequently stamped on her. The instructor taking the class, dusted her down and promptly put her back on the horse. She applied no first aid, did not advise me to get it checked out nor did they ask me to sign an accident book. This was also witnessed by another parent watching the class. Is this not bad practice or a breach of H & S legislation? We understand that there is a risk of injury, that is not the issue. The problem is the lack of care they gave afterwards. On attending hospital, it became apparent that she has broken 2 bones in her wrist and is unable to do any sports for 6 weeks. Please advise,

Food poisoning from restaurant: can I claim compensation for loss of earnings? — by Conrad Murray — last modified 2007-11-13 15:20

I have been suffering food poisoning since eating at a restaurant on Friday last week. I have missed two days of work and will probably miss the rest of the week. This is very expensive for me as I am a contract worker. Can I make a claim against the restaurant?

Injured knee on holiday in Mexico: can I claim against the tour operator? — by Conrad Murray — last modified 2007-11-16 12:52

I injured my knee on Holiday in Mexico. The stairs leading to our room collapsed (faulty concrete) causing me to twist my knee and fall. I attended hospital in Mexico. That was in August. I am still receiving physiotherapy. My tour operator says the hotel says it will give me one week's stay for three people, (free) as compensation. I deem this unacceptable. Please could you tell me if the offer would be acceptable and whether I have a claim against the tour operator?

My wife tripped down some badly lit stairs to a bar/nightclub in Paris breaking her arm as a result. There was no handrail: can she claim compensation in the UK or does she need a French lawyer? — by Conrad Murray — last modified 2008-03-17 20:23

Whilst on holiday in Paris, my wife tripped down some badly lit stairs in a bar/nightclub. The stairs had no handrail. My wife sustained a broken arm and required surgery. As a result of the broken arm she will not be able to work for several months and will suffer loss of earnings. What is the process for claiming injury compensation and loss of earnings? If such claim would be against the bar's Public Liability insurance would the claim be have to be made through a local firm of lawyers?

Injured in a car crash: how much compensation will I get and how long will it take? — by Matthew Roddan — last modified 2008-04-23 10:35

I was injured in my car last month in a head-on collision for which the other driver accepted the blame. I was taken to hospital where I stayed for 8 days and was found to be suffering from a c2 neck fracture (2 broken bones in back of neck) in addition to severe bruising. Can you give me an estimate of the compensation amount I may receive and the time-scale I should expect to wait.

I cut my finger on a slitter at work, will I be able to claim for my injury? — by Maria Mason — last modified 2008-04-25 10:45

I cut my finger on a slitter at work. The slitter had no guard fitted and I was only given minimal training on it. I have only worked there for 3 months will I be able to claim for my injury?

I was hit from behind but other driver left the scene before I could get his details. How can I claim for the damage to my car and the injuries my wife and I suffered? — by Maria Mason — last modified 2008-04-25 10:52

I was hit from behind at traffic lights but the other driver left the scene before I could take his details, I didn't even manage to get his registration number. How can I claim for the damage to my car and injuries to myself and my wife?

My son was punched in the face during a basketball match at a Leisure Centre. Do the Leisure Centre have a duty of care regarding this incident? — by Maria Mason — last modified 2008-04-25 11:03

My 14 year old son was punched during an organised basketball match by an opposing player causing my son to require 5 stitches. The attack was one sided and my son did not retaliate. There was little, if any, first aid offered to my son by the establishment where the match took place and while he was injured on the floor little concern for his continued safety. I am not sure what duty of care the Leisure Centre have regarding this matter and would be interested to find out if in fact they have any?

I have recently fallen in a shopping centre, badly injuring my knee. Can I claim? — by Maria Mason — last modified 2008-05-06 11:34

I have recently fallen in a shopping centre when entering a shop within the centre. The floor was uneven with broken tiling at the entrance of the shop. I reported the accident to the shop manager and details were entered into the accident book. I visited my GP later that day as my right knee is severely swollen. I am struggling to put any weight on the knee, therefore having problems getting around. I may have to have time off work and I will not be paid, can I claim?

I was hit by a pallett at work causing a 3 inch gash in my leg. How do I go about claiming? — by Maria Mason — last modified 2008-05-06 12:13

I was walking past a wagon that was being unloaded by one of our company's stacker trucks. I was on the opposite side to the stacker truck when he pushed a pallet off catching me on my leg causing a gash of about 3 inches which required stitches. It was put in the accident book. How do I go about claiming?

I worked as a window cleaner for a friend but fell off the ladder and broke my arm and now cannot work. I don't want to claim against my friend but I am finding it hard to get by. — by Maria Mason — last modified 2008-05-06 13:29

I worked as a window cleaner for a friend for a couple of weeks whilst I was out of work, however I fell off the ladder and broke my arm and am now unable to find work. I am torn as to what to do as I don't want to claim off my friend but am also finding it hard to get by.

I work in a very dusty environment and now have difficulty breathing. Can I claim for this? — by Maria Mason — last modified 2008-05-07 10:47

I work in a very dusty environment where we are only supplied with basic face masks whereas I think we should be issued with respirators. I now have difficulty breathing and my doctor says it may well be as a result of the dust at work. Can I claim for my chest and can my employer be forced to supply better equipment?

I tripped over a loose paving stone and damaged my face. Can I claim and how much will I get? — by Maria Mason — last modified 2008-05-07 11:07

I tripped over a loose paving stone and damaged my face. This may affect my work, can I claim? How much will I get?

Whilst at work I slipped and fell on steps which were covered with moss and filth. I hurt my leg and back and am still in agony. Can I claim? — by Maria Mason — last modified 2008-05-07 12:01

I was working in an office building that is rented but not owned by my employers. It had been raining earlier in the day. Upon exiting the building there are five steps leading down from the main entrance. I was walking down the steps when I slipped. The steps were green with moss and filth and I landed heavily - a colleague who was with me at the time was convinced I had broken my leg. I managed to get to my feet but was aware of a pain in my leg and lower back. I have suffered the pain ever since. I am still in agony and have reported the accident to my boss. Can I claim?

My partner and I were badly injured when I lost control of our car due to oil on the motorway. Can either of us claim for our injuries? — by Maria Mason — last modified 2008-05-07 12:29

My partner and I were badly injured when I lost control of our car and collided into the central reservation due to there being oil on the motorway. Can either of us claim for our injuries?

I am pursuing a negligence claim on my mother's behalf. However, her home insurance does not cover this and she is not eligible for public funding. Is there another source of funding available? — by Maria Mason — last modified 2008-05-07 13:30

I have just started proceedings against a Health Trust in pursuit of a negligence claim for my 88 year old mother. Her home insurance does not cover for clinical negligence and I do not think she is eligible for public funding as she owns her house and has a pension of approx £11K. Is there any other source of funding that can be accessed?

My wife was driving our car and had an accident and I suffered whiplash. She is the named driver on my policy, can I claim against myself? — by Maria Mason — last modified 2008-05-08 10:24

My wife was driving our car, she is insured as a named driver, when she hit another vehicle in the rear. My question is, as I am the insured can I claim against myself for whiplash etc?

I was knocked off my bike by a car and injured. I only have the car's registration number, can I make a claim? — by Maria Mason — last modified 2008-05-09 10:54

I was knocked off my bike by a car. I had a broken ankle for which I am still off work. The driver told me that he would call me with his insurance details but never has. I have his registration number, is there any way I can claim for my injuries?

I suffered an allergic reaction after eating a meal which I had been told did not contain sesame. How much compensation should I expect? — by mariam — last modified 2008-05-14 10:33

I had an allergic reaction and had to spend the afternoon at the A&E and the next day at home. The person who was serving me assured me that there was no sesame in the meal I had chosen. Right after lunch, when the first symptoms developed I asked the manager who checked again and confirmed that the meal did actually contain sesame. I know I can ask for compensation, how much should I expect?

I was injured when I went down a hole in the road on my bike. Can I claim against the Local Authority? — by mariam — last modified 2008-05-14 12:13

I went down a hole in the road on my bike last year. I suffered back and shoulder injuries as a result and am still having problems. I have been writing to the local authority, but they are not replying to my letters. On the one occasion that they did reply, they stated that they are not liable as they were not aware of the road defect. They said that the road was checked on 27th May 2007, my accident happened on 8th June 2007. The road would have taken longer than 12 days to get as bad as it was when I had my accident. I have photographs but didn't take any witness details, as I didn't think I would need them.

My elderly neighbour tripped on a raised part of the road and suffered extensive facial injuries. Does she have a case for compensation? — by mariam — last modified 2008-05-15 12:25

My elderly neighbour tripped over a raised part of the road. The road surface has buckled and it is similar to a speed hump but it is a faulty surface. There is no marking on this hump as a warning. The hump is about one yard wide and stretches right across the full width of the road. A similar faulty part of the road only fifty yards away was repaired and levelled many months ago but this part has been left. My neighbour crashed face downwards and suffered extensive injuries to her face. I took her to the local hospital minor injuries dept and she had to return the next day and was later referred to our main hospital A & E dept. She suffered cuts and severe bruising and swelling to her nose, eyes, forehead, lips, and knees. She may have broken her nose and has now been referred to an ENT specialist at the end of May. To date she has had three visits to hospital, one visit to her GP, and has an appointment with an ENT specialist. I feel she has a clear case for compensation for her injuries.