Tag: compensation

How much could a barrister help me claim for a motorcycle accident?

If you have been involved in a motorcycle accident that was at least partially the fault of someone else, you might be wondering whether you are entitled to compensation and how much you are able to claim. This post looks at how your barrister and the court will value your claim, in order to give you an idea of how much compensation you might be entitled to for your injury.

Calculation of compensation

Most personal injury cases do not proceed to court and are settled between the parties for a fair amount of compensation. Your lawyer will look to value your claim in line with what would be awarded to you by a court, and seek to recover this amount from the other party’s insurers.

In order to make a proper evaluation, your lawyer will need to obtain information from you, as well as all of your medical reports and notes. Valuing motorcycle injury compensation can be challenging, but the right legal professional will fully consider the points below in order to get the maximum amount of compensation you are entitled to.

Factors that are considered

How severe was your injury?

The extent of your injuries will have an effect on how much you could be entitled to. The injuries sustained from motorcycle accidents can vary substantially, as can the amount of compensation you could be awarded.

Minor fractures attract around £1000, whereas compensation for the most serious injuries, including paraplegia, can attract awards of up to £350,000. When making your claim, your lawyer will obtain an expert medical opinion on how your injuries might impact your life, in order to make an accurate assessment of how much compensation you are entitled to.

How have you suffered loss?

The court will also award compensation for all of the ways in which you have suffered loss financially. This includes loss of earnings and loss of future earnings. If your injuries will affect your capacity to earn in the future, your lawyer will calculate how much this could be worth. In order to do this, your lawyer will consider how old you are, your line of work and your capacity to carry out another job.

Obtaining a quote from one of our direct access barristers is completely free, so contact us at Barristers 4 U today to find out how we can help you claim compensation for your motorcycle injuries.

Hit by an uninsured driver? Here’s why you need to get a barrister

It is bad enough being in a car accident, but when it isn’t your fault and the other party is also uninsured then this is the worst-case scenario. Believe it or not, in this case you can often be left with nothing in terms of compensation for your accident, the damages and any injuries, even though this should be covered by your own insurance. Here we explore why you might need to seek the help of direct access barristers if an uninsured driver hits you.

Insurance companies

Insurance companies are in the business to make money and they won’t want to pay out for damage caused by an uninsured driver. In their eyes, this is not the responsibility of your insurance policy. The insurance company will often seek to pass the onus on to you to prosecute the driver, but in most cases, such prosecutions lead nowhere due to a lack of assets and capital on the part of the offender.

How can a barrister help?

When you contact your insurance company you want to be sure that you present the best case possible immediately. If you fail to give the details in the best form at first, this can often hinder your case at a later stage. A barrister will be able to assist you in the best outlining of the incident and will be able to guide you through the legal loopholes of your insurance document too. Most importantly, the barrister will be able to help you understand your rights and will be able to set these out clearly for the insurance company.

The power of a barrister

While an insurance company will try to wiggle out of paying for damage caused by an uninsured driver, they will not break the law. Having a barrister on side is invaluable for this because they can clearly set out the requirements and present them to the insurance company. In the vast majority of cases, an insurance company will pay out as soon as they receive a legal letter, simply because the losses in a court case will be greater to them.

If you’re in an accident with an uninsured driver then you should contact public access barristers right away. Get the best advice and save yourself from losing out on the claim you deserve.

Who pays compensation where collisions involve driverless cars?

Driverless cars have generated a lot of interest of late, with a number of vehicle providers carrying out test runs on public roads and insurance companies reviewing their motor insurance products with a view to accommodating the change to automated transport.

The benefits of driverless vehicles have also been well reported. For example, driverless vehicles will reportedly reduce pollution and, quite importantly, are expected to remove human error leading to fewer road traffic collisions.

While driverless cars may remove human error, they introduce risks of their own with machine error being one key issue. There are tricky questions about who pays compensation when driverless cars cause injury or damage. This is because traditional laws on vehicle-related accident sought compensation from drivers and their insurers on the basis of driver fault where a driver’s negligence had caused injury or damage.

Proposed new laws

The UK Government is seeking to address this issue by introducing new laws which could make it easier to seek compensation directly from insurers of driverless vehicles when insured vehicles cause injury or damage.

The Government introduced the Automated and Electric Vehicles Bill to the House of Parliament in October 2017, though it is yet to be passed as law.

When introducing the Bill, Transport Minister John Hayes said, “We want the UK to be the best place in the world to do business and a leading hub for modern transport technology, which is why we are introducing the Automated and Electric Vehicles Bill in Parliament and investing more than £1.2bn in the industry.”

(Source: https://www.gov.uk/government/news/boost-for-electric-and-driverless-car-industry-as-government-drives-forward-green-transport-revolution)

What changes are being introduced

Under the proposals, motor vehicle insurers will be liable to pay compensation when a driverless vehicle they insure causes an accident while “driving itself” which results in death, personal injury and/or property damage.

Insurers will not have to pay compensation if the driverless vehicle is uninsured at the time of the accident. Insurers can also avoid liability or limit the amount of compensation they are liable to pay if an injured person is partly at fault for the accident.

Source: https://services.parliament.uk/bills/2017-19/automatedandelectricvehicles.html

Barristers4u are specialists with experience in a wide range of motor-related incidents. Contact us today to see how we can help you.

Taking action with healthcare barristers

In the UK, we’re very lucky to have access to the National Health Service as well as private medical services. While most people receive good treatment via both private clinics and NHS providers, sometimes things do go wrong.

If a physician is negligent, for example, it can have catastrophic consequences. By failing to provide the right treatment, a doctor could potentially cause a fatality or subject a patient to additional treatment.

In some instances, this type of medical negligence can also cause patients to suffer long-term effects. Due to the severity of this, it’s important to take action if you’ve been the victim of a medical error. By seeking help from healthcare barristers, you can find out if you’ll be able to launch a medical negligence claim and, if so, what the likelihood of success is.

Obtaining compensation for medical negligence

When you take action with direct access barristers following a medical error, you may be able to obtain compensation. Whilst this won’t remedy the situation and give you back your health, it can provide practical help.

If medical negligence has left you unable to work, for example, public access barristers could help you to claim back the cost of your lost income and your future loss of earnings. While your health is always more important than your finances, money worries can cause a lot of stress.

By obtaining compensation with help from healthcare barristers, you can focus on recovery and dealing with any long-lasting symptoms, rather than worrying about your financial situation.

In addition to this, taking legal action with direct access barristers may increase awareness of medical negligence. In doing so, you could encourage healthcare providers to revise their existing regulations in order to ensure that no-one suffers in the same way you have.

Working with direct access barristers

When you take action with barristers direct, you can reduce the cost of obtaining legal assistance significantly. Rather than paying a solicitor and a barrister, you can simply talk to a public access barrister directly and obtain the help you need.

With over 1,000 experienced barristers providing direct access services, you should find it easy to access legal advice. To find out more, why not get in touch with a public access barrister today?

Go straight to an expert for your land dispute

If you are a property owner, then chances are at some point you’ve had some level of involvement in a dispute concerning land boundaries, access, right of way or encroachment. Land disputes can become intensely personal and emotional, given that, more often than not, the other party is a neighbour or family member.

Or perhaps you are dealing with issues concerning the enjoyment of your own property and use of your own land.

If either scenario is applicable to you, you are strongly advised to seek legal advice from the outset.

Property disputes can range from the erecting of a fence by a neighbour that encroaches upon your land, to an issue concerning a right of way up a lane that accesses your property. These are all disputes which can be a drain on your valuable time, emotions and your wallet.

Property disputes are often bitterly, long fought-out disputes and can ultimately be costly too.
For that reason, property law matters need to be handled in a professional and knowledgeable manner. Instructing a Barrister from the outset can assist you greatly in achieving the best outcome or compensation available, given that Barristers are specially trained in negotiation and fully versed in any applicable principles of law.

Most of the legal principles involved in property disputes call for no less than an expert in property law. Barristers are highly trained individuals who have spent many years in study and training to reach the stage of being called to the Bar. In medical terms, they would be Consultants. Therefore, when you contact a Barrister in relation to your property dispute via Barristers4U, you can be assured that you’re getting an expert in that field. A Barrister who has attended to many such proceedings and who is technically sound on all aspects of the governing law.

It’s always advisable to seek out an expert to handle your property dispute. The complexities of the law involved and Court appearances mean that it is imperative you engage an expert of the highest calibre to assist. A Barrister is the most highly qualified legal representation available to the public, and it is always worth engaging him/her from the outset in order that they are fully up to speed on all details well in advance of any Court date.

Don’t forget that most property disputes don’t make it into Court and can usually be agreed outside the doors of the Courtroom. Instructing a Barrister from the outset can assist you greatly in achieving the best outcome or compensation available.

If you’ve recently had issues concerning your property, and are unsure of how to proceed in order to have such issues rectified and to receive the correct compensation, a Barrister will immediately steer the ship for you. Contact us today to find an expert in property as well as the art of negotiation, so you can get your dispute solved sooner rather than later.

When You’re Really Not Fired!

Alan Sugar on the Apprentice makes it easy to fire employees but in reality its never that simple. We all know people that let TV go to there head and try to fire employees in the same way as Alan Sugar does but this is ultimately unfair dismissal.

Your Employment Contract

First and foremost when you are employed everyone is given an employment contract which you must read and sign before you actually start working. Dismissal defined is when the employer terminates the contract of employment. In here contains the details of notice period aswell as accrued holidays, all of which change depending on length of service. The employment contract is a legal binding contract between employer and employee which is the first place to look when considering any employment dispute.

There must be a valid reason to dismiss an employee and you cannot just simply say “Your Fired!”. There isn’t actually a de facto standard / process to sacking someone and each case will be based on its own individual evidence. Human resource departments often found in large organisations are setup to ensure all employees are treated in a fair manner. In smaller organisations this is often left to an individual whose also has several other roles.

However its a legal obligation that all employers must treat all employees in a fair manner, no one is except from this. Upon a fair dismissal the employer should make it aware and present the facts to the employee of any performance or misconduct issues. If done rightly the employers should follow a consistent and fair approach. Dismissal might not always be the right recommendation based on the initial meeting because performance issues can be improved with training plans and misconduct issues can be fixed with the apology. Both of which depends on the employees attitude to correct the situation. But if the employer decides to dismiss the employee then there are several legal ways this can be done.

Ordinary Dismissal Claims

Most people a familiar with ordinary dismissal and covers both the employee and employer. Its when notice is given by the employee or employer to terminate the employment contract. The grounds for ordinary dismissal often include performance and misconduct. Meetings should be given before the dismissal and the employee give every chance to correct this before the dismissal is issued.

Summary/Immediate Dismissal Claims

In cases of serious and/or gross misconduct a summary / immediate dismissal can be implemented. No notice period has to be given here and will often be escorted out the building with all privileges taken away.

Constructive Dismissal Claims

This is where the employee resigns as a result of the employers poor conduct often including such behaviours as bullying or harassment. This often lead into a legal case where employment barristers can help you with legal advice and getting evidence together to potentially claim compensation for your constructive dismissal claim.

Wrongful Dismissal Claims

This is where the employer doesn’t follow the employment contract, most common cases are incorrect notice period. Often leading the wrongful dismissal claims where the employer can get their job back or even compensation.

Unfair Dismissal Claims

Unfair dismissal claims only applies to employees with 2 or more years service with the employer. Grounds for this are often around asserting a statutory right, trade union activities or even making a protected disclosure (ie whistleblowing).

Redundancy

Redundancy carries two strict legal meanings and applies to employers in the following;

  • stops carrying on the business for which a particular employee was employed, either completely or in the place where the employee works;
  • stops requiring employees or requires fewer employees to carry out work of a particular type, either at all or in the place where the employee works.

It is difficult to argue against redundancy but most redundancies come with a compensation package.

Help is at hand

At Barristers 4U our expert employment barristers provide legal advice and legal representation on your employer disputes, employment contracts, ordinary dismissal, summary dismissal, constructive dismissal, wrongful dismissal, unfair dismissal and redundancies.

Its never a good experience going through any sort of dismissal but if you ever feel you’ve been treating unfair and unjust then speak to one of our legal representatives today to discuss your options with an employment barrister and even get a free no obligation quote.