Fonseca & Partners

Email: enquiries@fonsecalaw.co.uk or Telephone: 01495 303124

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What is personal injury and what does it cover?

However hard you try, it's not always possible to avoid accidents. They do happen and can strike at any time, for example while you're driving, working or even just visiting the supermarket. However, just because you can’t always avoid them, doesn't mean you need to accept them lying down. If you've had an accident that wasn't your fault you may be eligible to pursue a personal injury claim.

Types of personal injury claims

We’ve come across a range of personal injury claims over the last couple of years and we’ve put together a list which looks at the most common:

Road traffic accidents

Road traffic accidents are the most common form of personal injury claims, and due to the ever increasing number of cars on the road today accidents are becoming more frequent. Road traffic accidents not only cost millions of pounds in insurance claims but also thousands of lives every year.

The majority of our personal injury claims for road traffic accidents are from people suffering from whiplash injures, however we have also handled claims for:

  • Injuries caused by defective vehicles
  • Injuries involving cyclists and pedestrians
  • Uninsured drivers and victims
  • Claims by passengers on private or public transport
  • Fatal accidents

Accidents at work

Unsurprisingly if you work with heavy machinery or do a lot of physical labour you’re more likely to suffer an accident, but accidents in the workplace can also happen in the office or in laboratories. The most common workplace accidents include:

  • Falls from heights
  • Repetitive strain injuries
  • Injuries caused by defective machinery
  • Injuries caused by lifting or manual labour
  • Slips or trips due to debris or wet and slippery surfaces

You can also make a personal injury claim if you’ve been injured by members of the public whilst at your workplace.

No matter what type of industry you work in, your employer has a responsibility to ensure that your workplace is safe for all staff. They are also responsible for making sure all staff members are properly trained in order to avoid accidents before they happen.

Trips and slips

While it may seem trivial, slipping or tripping while out in public is another common form of personal injury. These claims usually involve making a claim against a Local Council due to potholes or uneven paving slabs. However claims have been brought against the likes of supermarkets, schools, restaurants and other public premises. The majority of claimants suffered from broken or fractured wrists, broken legs and ankles or bruising across the body.

Here at Fonseca Law we’ve handled a number of different claims from clients who have suffered from trips or slips and a few examples include:

  • Injuries suffered because of wet floors in supermarkets, hospitals and schools
  • Claims by council tenants for ill health caused by housing disrepair and defective premises
  • Severe injuries suffered by the elderly caused by the poor condition of pavements

Whether you’re in a public or private setting, all organisations have a duty of care to ensure their visitors are safe and secure. Local Councils are also responsible for making sure that pavements, roads and other transportation routes are in a safe condition for public use.

Clinical negligence

Going into hospital is not something anyone enjoys, but most people expect to leave hospital healthier than when they entered and thankfully for the majority this is true. However accidents and mistakes do happen and regrettably some people suffer from clinical negligence.

Typical claims of clinical negligence include:

  • Misdiagnosis of an illness that results in unnecessary medication or illness
  • Death due to a serious error or a  faulty surgery
  • Delay in diagnosis that results in serious consequences such as death
  • Doctors failing to obtain consent for treatments

It isn’t just doctors that are liable for clinical negligence claims. If you’ve received poor treatment from psychologists, psychiatrists, midwives or dentists you may be entitled to compensation.

Product liability claims

When you purchase something, you expect that product to perform to the required standards and if the product is deemed to be dangerous you would expect the correct warnings to be displayed. If you’ve unfortunately purchased a product that has fallen below these standards and you’ve suffered then you can make a product liability personal injury claim. This is because the 1987 Consumer Act makes manufactures and suppliers responsible for personal injuries resulting from faulty or hazardous goods.

The majority of claims for product liability come under four main headings which are:

  • Manufacturing defects – These claims include the likes of food poisoning due to the lack of quality in the production process
  • Design defects – These claims include people who have been injured due the product failing to operate as intended
  • Failure to recall – When a company fails to recall a faulty product after discovering a problem
  • Failure to warn – When the product or advertising fails to mention any potential dangers

Accidents abroad

Suffering an accident while in a different country can be twice has stressful as suffering one at home. You may have to cut short your holiday or stay longer, forcing you to pay additional costs such as new plane tickets or hotel costs. However if you’ve suffered an accident abroad you may be entitled to compensation. If you’re a UK national you can bring an international compensation claim to a British court, but due to the strict time you have to make a claim about an accident abroad, it’s paramount you get it up and running as quickly as possible.

  • Typical claims for accidents abroad include:
  • Food poisoning
  • Slips and trips due to poorly maintained hotels or public buildings
  • Accidents while in transit between countries.

Start your personal injury claim today

We understand that making a personal injury claim can be a difficult and stressful time for anybody. Therefore we make you are the most important person in the legal proceedings and treat you as an individual, not just another claimant. If you would like any more information or want to speak with one of our experienced solicitors you can contact us today on 01495 303124 or 079820 721285 out of office hours. You’re also able to contact us in our offices in Ebbw Vale or fill out our claim form and someone will get back to you within 24 hours.