Personal Injury

If you suffer an injury or illness at work, on holiday, in a public place, or even at home, your first concern will be for your wellbeing.

Your second concern should be about getting justice, and that’s where we come in. At Setfords we don’t just strongly believe you have a right to have your safety protected, we know you do, because it’s the law. If you suffer any kind of injury or illness, be that food poisoning, a broken bone, or something with life-changing consequences, we can use our expertise and experience to fight on your behalf to ensure you get the compensation you deserve. That payment could be substantial as personal injury claims cover everything from medical costs to loss of earnings.

At Setfords Solicitors our personal injury team have brought successful claims against a wide range of parties including employers, motorists, government bodies, retailers, schools and holiday / travel companies. Depending on your case we might be able proceed on a “no win, no fee” basis. Get in touch today to find out how we can help.

Nigel Cragg

Nigel Cragg

Head of Personal Injury

Road traffic accident claims are the most common cause of personal injury claims.

If you are unfortunate enough to suffer a road traffic accident, which was not your fault, you may be able to make a personal injury claim for compensation. Road traffic accidents can happen to all road users including drivers, passengers, people using public transport, pedestrians and cyclists.

At Setfords Solicitors, we always fight to get you the best compensation for your claim and have expert personal injury solicitors who understand all the issues concerning road traffic accidents.

Our Personal Injury Solicitors at Setfords Solicitors have dealt with the full range of road traffic accidents involving:

  • Fatal road accidents
  • Brain and spinal injuries
  • Whiplash claims
  • Pedestrian accident claims
  • Motorbike accident claims
  • Cycling accident claims
  • Public transport injury claims
  • Claims involving uninsured victims and drivers
  • Hit and run accident claims
  • Injuries caused by defective vehicles
  • Road traffic accidents abroad

Whatever your road traffic accident, it is highly likely that you will have experienced pain and suffering and could be entitled to compensation.

If you have suffered a personal injury or illness as a result of a defective product or from defective or contaminated food, you could be entitled to bring a personal injury claim, or, more specifically a product liability compensation claim.

At Setfords Solicitors we offer specialist advice that consistently exceeds our client’ expectations in terms of quality, price and turnaround time. We will always fight to get you the best compensation possible for your personal injury claim, in the shortest period of time, with the least amount of stress and fuss possible.

At Setfords Solicitors every case, no matter how small, is dealt with by a qualified specialist solicitor. Our aim is to provide a bespoke, expert service to every client. We do not have large banks of unqualified junior staff.

You will not be treated as just a number. We value and look after our clients and you will have direct one to one contact with our expert solicitors.

If you suffer a personal injury whilst at work you might be eligible for financial compensation.

When at work your employer must try to ensure that you carry out your work in the safest way possible, bearing in mind the type of job that you do, the materials and equipment that you work with and the tasks involved.

Employers need to ensure that the place, or places, where you work and their premises in general are safe for their staff. The most obvious example of a breach of this duty would be if office floors were left wet or cluttered with files or cables, on which employees slipped or tripped up. Employers are responsible for the heating and ventilation of their premises, the lighting and even the car park.

At Setfords Solicitors, our experts can handle any accident at work claim, including accident claims involving:

  • Defective machinery or dangerous machinery, such as power tools or industrial injuries
  • Slips or trips on debris or dangerous surfaces
  • Injuries involving lifting or manual handling
  • Injuries suffered in the construction industry, such as falls from ladders, roofs, repetitive strain injuries, carpal tunnel syndrome and injuries to the back and knees
  • Vehicle accidents
  • Exposure to harmful and dangerous substances
  • Employees exposed to violent attacks by patients or customers
  • Disease claims for those who have developed occupational illness or conditions, such as asbestos claims, mesothelioma.

At Setfords Solicitors we provide thorough accident at work compensation advice, information on employment related issues and benefit advice where appropriate.

We represent people who work in all types of environments, from office workers to construction workers to those employed in shops, restaurants and manufacturing facilities.

In the UK, many thousands of people a year are injured in public places. The most common injury is a slip, trip or fall, the result of which can range from short term injury, pain and suffering to long term disability, ongoing pain and suffering and significant and prolonged financial losses.

The personal injury solicitors at Setfords Solicitors are experienced in helping injured people obtain compensation for the full extent of their losses. Our solicitors have won millions of pounds in compensation for their clients.

Some examples of typical claims include:

  • Falls due to uneven pavement or potholes.
  • Injuries due to lack of proper lighting or security
  • Falls due to improper maintenance of stairways, balconies and railings
  • Accidents on elevators, escalators and travelators

With personal injuries that occur in public places, quick action is required if a claim is to be brought.

It is important to obtain legal advice as soon as possible. It is important to photograph the dangerous condition and interview anyone who witnessed the accident as soon as possible.

Serious Injuries such as brain injuries, spinal injuries and amputations can have life-changing consequences. If you have suffered a brain injury, spinal injury or amputation because of someone else you may need support including rehabilitation, immediate and ongoing medical care and sometimes counselling. As result of your injury or illness you may have also lost your job or suffered from loss of earnings. You could therefore be entitled to significant compensation

At Setfords Solicitors, our solicitors have dealt with claims which have attracted damages in excess of £5 million for serious injuries such as brain injuries, spinal injuries and amputations.

We appreciate that the demands of those with brain, spinal and other serious injuries are substantial and complex. Our personal injury solicitors have worked with many of the leading figures in high injury rehabilitation in the UK and we are therefore able to select the most appropriate personal injury experts to help accurately assess and evaluate claims for brain, spinal and other serious injuries.

With serious injury claims, early legal advice should be sought as it enables us, in appropriate cases, to apply for interim payment. Interim payments can provide the funds for private rehabilitation, re-housing, implementation of a care and case management regime and the provision of continuing rehabilitation post-discharge. At Setfords Solicitors we fight hard not only to secure maximum compensation, but also to improve the quality of our clients’ lives.

At Setfords Solicitors, our personal injury experts will:

  • Investigate liability as early as possible
  • Apply for interim payments wherever possible to help fund private health care, rehabilitation and help with your financial security
  • Provide personalised and bespoke advice which is sympathetic to any worries that you may have, such as dealing with financial needs, state benefits and asserting your employment and other rights
  • Recommend other specialist services where required such as personal injury trusts advice, financial planning, wills, powers of attorney and advice on periodical payments
  • We will also employ the appropriate receivers to look after your affairs with the Court of Protection

At Setfords Solicitors, where possible, you will receive 100% of the compensation awarded and your claim will be pursued at no cost to you.

Medical Negligence is a complicated and particularly specialised area of the law. At Setfords Solicitors, our expert personal injury solicitors have experience in dealing with every kind of medical negligence claim and we understand that medical negligence can often be life changing. If you have suffered as a result of medical negligence you may need support including rehabilitation, immediate and ongoing medical care and sometimes counselling. As result of your injury or illness you may have also lost your job or suffered from loss of earnings. You could therefore be entitled to significant compensation.

At Setfords Solicitors, where possible, you will receive 100% of the compensation awarded and your claim will be pursued by our personal injury experts at no cost to you.

Some examples of situations in which there may be a claim for compensation are:

  • Failure by a GP to diagnose an illness or failure to refer the client expeditiously for further tests or investigations, leading to a worsening of the client’s condition
  • Failure of a surgeon to warn a patient of a recognised risk of an operation. The client had the operation and the risk materialised. It is worth noting that in “failure to warn cases” the failure to advise of recognised risk of surgery which later occurs can lead to an award of compensation even if the surgery itself was carried out to an appropriate standard
  • Dispensing the wrong drug to a client by a chemist, leading to the client experiencing unpleasant side effects
  • The negligent performing of a cosmetic surgery operation, leading to very poor results, scarring and the need for further corrective operations
  • Negligent delay in diagnosing a malignant tumour, leading to the cancer spreading
  • Negligence in delivering a baby, leading to the baby being starved of oxygen and suffering permanent brain damage

Although holidays are meant to be an enjoyable time, unfortunately, accidents do occur and people can be injured. If you have suffered from a personal injury whilst on holiday you may be entitled to bring a claim for compensation.

At Setfords Solicitors we offer specialist advice that consistently exceeds our client’ expectations in terms of quality, price and turnaround time. We will always fight to get you the best compensation possible for your personal injury claim, in the shortest period of time, with the least amount of stress and fuss possible.

Our specialists will be able to advise you if you will need to contact a local solicitor where the accident occurred or if we are able to pursue the claim on your behalf through the tour operator or the holiday package provider. If your accident occurred within the hotel complex or on an organised excursion it is likely that the tour operator will be required to investigate your claim.

At Setfords Solicitors every case, no matter how small, is dealt with by a qualified specialist solicitor. Our aim is to provide a bespoke, expert service to every client. We do not have large banks of unqualified junior staff. You will not be treated as just a number. We value and look after our clients and you will have direct one to one contact with our expert solicitors.

It is now well known that Asbestos can cause or be a contributing factor in a wide range of serious health conditions. If you have suffered from any kind of health condition or illness as a result of asbestos, you could be entitled to bring a personal injury claim for compensation.

Employers need to ensure that the place, or places, where you work and their premises in general are safe for their staff and that where there has been exposure it must be kept to a minimum. Employers have a responsibility to provide their staff with the appropriate training and personal protective equipment otherwise they are in breach of their duty of care.

Asbestos exposure has been linked to the development of serious respiratory diseases including Asbestosis; Mesothelioma and Lung Cancer. This exposure is commonly related to occupational and environmental factors; when someone is diagnosed with Asbestosis it is likely that they have been exposed to a large volume of asbestos. However, what is less commonly known is that other asbestos related disease such as Mesothelioma can be caused by small amounts of asbestos which also places other people at risk,known as secondary exposure. This exposure is thought to have been caused by the fibres of the toxic substance being bought into the home on the clothes and skin of the workers placing family members as risk.

At Setfords Solicitors we offer specialist advice that consistently exceeds our client’ expectations in terms of quality, price and turnaround time. We will always fight to get you the best compensation possible for your personal injury claim, in the shortest period of time, with the least amount of stress and fuss possible.

At Setfords Solicitors every case, no matter how small, is dealt with by a qualified specialist solicitor. Our aim is to provide a bespoke, expert service to every client. We do not have large banks of unqualified junior staff.

You will not be treated as just a number. We value and look after our clients and you will have direct one to one contact with our expert solicitors.

For more information please call 0845 450 6135 or email as at info@setfords.co.uk

Vibration white finger (VWF) also known as Hand Arm Vibration Syndrome (HAVS) is an industrial injury caused by the excessive use of percussive equipment often used in construction work ground work or civil or mining/ tunnelling engineering. It is also fairly common in other industries such as car body repair and boatbuilding where sanding and buffing equipment is used for prolonged periods. It can still be found in other job types such as highway maintenance where nut runners and the like are used extensively.

The term HAVS is often used by health professionals to explain the condition due to it being broader in its description of the condition. HAVs can affect many different aspects of the body such as nerves, joints and muscles and in nearly all cases one of the main indications is white fingers. It is a condition that affects thousands of workers every year however due to the awareness of the condition increasing over recent years this amount has fallen. However employers are required to carry out risk assessments on such equipment and monitor the use of it so as not to allow dangerous levels of exposure for any given tool.

WHAT CAUSES VIBRATION WHITE FINGER?

Vibration white finger can arise in one or both hands due to excessive exposure to vibration, often during the course of a person’s employment or just after the employee has ceased their employment.

There are a number of potential causes of HAVS/VWF due to the usage of vibratory machinery or tools such as:

  • Vibro Pokers (used in laying concrete)
  • Nut Runners
  • Jigger Picks
  • Chain Saws
  • Sanders
  • Angle Grinders
  • Polishers
  • Nail Guns

Using such equipment restricts blood flow in the small vessels, causing fingers and hands to suffer from attacks of red and white discolouration causing white finger syndrome. Pain and discomfort are also present during flare-ups, which usually last from between two to 30 minutes depending on the extent of the damage to the hands.

It is important that when using vibratory equipment that the employee is always rotated in duties and that the machines vibration output is known so that the trigger time is reduced to a safe level. Anti vibration handles and or gloves rarely work well enough to offer effective protection.

How much compensation is awarded?

The amount of compensation varies depending upon the number of fingers effected and whether on both hands. Also the severity of symptoms and the impact on the claimants ability to work or carry out household functions such as DIY. Often medical advice to victims of this injury is to avoid any further use of percussive tools. Additional claims can be made in such circumstances for DIY costs, gardening ; car cleaning etc as the symptoms can be worsened by exposure to cold.

Compensatory Awards for the injury alone vary from £4000 to £20,000 to this would added loss of earnings and other losses.

Many injured claimants mistakenly believe they can not claim compensation if the driver that hit them either leaves the scene without giving details or gives false details.

The truth is you can. There is a body called the Motor Insurers Bureau who pay such claims subject to fulfilling certain criteria.

It is important that if you suspect the person at fault was not insured or they have left these scene of an accident  that you call the police immediately and report the matter. You should get the name of the person you report to and get a crime reference number, even better go to the local police station and speak with a police officer explaining that you were injured and the person responsible failed to give proper details or failed / refused to give details.

If you can get witness evidence or mobile phone video or photographs even better.

Once you are armed with this we can pursue your claim against the MIB on your behalf. We have expert lawyers who handle these types of claims and who are used to dealing with complex situations involving absconding drivers; stolen vehicles; non UK vehicles or drivers and the like.

If you would like to discuss your requirements in more detail please contact us on 0845 450 6135 or e-mail info@setfords.co.uk.

Sometimes solicitors get it wrong. If you think your personal injury claim was settled without your instructions or for a lower amount than you should have received it might be worth checking with our experts as you may have a claim against your solicitor.

If a vital item of claim was omitted; for example an ongoing loss of earnings or reduced earning capacity due to disability resulting from your injury then it may mean you have missed out buy thousands of £’s. Sometimes if you have been away from work due to injury and your employer has suspended payments into an occupational pension scheme there will be a pension loss which should have been claimed back from your opponent. Alternatively you may have lost out on bonuses or promotion which if you can prove you would be entitled to claim back. If you have been incapacitated by injury you may have had help from friends or family members with housework; gardening or DIY which you would otherwise have performed your self. These hours provided should be claimed for at £6 to £7 per hour even if you did not pay for them yourself. The most likely under settlements will relate to ongoing injuries that have not subsided and missed injury such as psychological injuries or head injuries that required investigation due to symptoms not picked up by solicitors or appropriate medical experts employed in your case.

Exposure to noise for prolonged periods causes permanent damage to hearing.

Employers have had a duty to keep exposure to noise to a minimum since the 60’s but more recently since government analysis in the late 80’s and Legislation in 2005 which reduced the “Action Level” to 80 Decibels (Dba).

Employers are required to monitor the noise levels in their premises and take action if the 80dba level is reached or exceeded. Prior to this the limit was 85dba, which typically was reached when you could not have a conversation with someone standing near you without having to shout.

This level of noise is typically emitted and exceeded by garden machinery for example. If the employer can not reduce the noise by adjusting the equipment or by sound proofing then they should provide suitable hearing protection and enforce the wearing of it. The entertainment industry has for a long time been exempt from this area of regulation but more recently that exemption has been removed.

Health & safety provisions regarding noise at work are governed by the Control of Noise at Work Regulations 2005. These regulations replaced the Noise at Work Regulations of 1989. They came into force on 6 April 2006.

In 2006, the music and entertainment industries were given an exemption from the new regulations. As of 6 April 2008, these industries are now covered by the 2005 regulations.

Workers in these industries, to include those in theatres, pubs, clubs, discos, restaurants and so on are now protected by the 2005 regulations. These 2005 regulations are more stringent than the old 1989 regulations. The regulations reduce by 5 decibels the action levels to 80/85 decibels. They impose duties on employers to protect employees who may be exposed to risks to their health from exposure to noise.

Employers who expose employees to noise at work must make a risk assessment of the danger to their hearing. This risk assessment must be based on evidence such as measurement of noise on the premises. The legislation sets limits on exposure to noise. If exposure is above the limits then action must be taken. Employers must provide hearing protection and health surveillance. They must provide training and instruction regarding the risks of exposure to noise.

If you have worked in a noisey environment for a prolonged period and your hearing has been effected you may be entitled to compensation.

Depending upon the extent of the disability and your occupation and age the compensation could be anything from £3000 to £15,000.

Symptoms are often that you have to turn the TV up or that you struggle with conversations in background noise. Sometimes hearing loss is accompanied by ringing in the ears – this is called Tinnitus. This can’t be cured but there are strategies for coping with it. If the hearing loss is bad enough hearing aids may be required  and can be claimed for on a private cost basis.

Here at Setfords we understand the special requirements of injured cyclists. The majority of accidents happen due to collisions with motorized traffic, however we also know that badly maintained roads and other non road users can cause accidents giving rise to all nature of liability issues.

Also insurers of motorists may argue for percentage deductions for allegations of contributory negligence (partial fault) for example not wearing a helmet. We are familiar with fighting these arguments to ensure the cyclist gets the maximum level of compensation in the quickest possible time so as to replace the bike and equipment prior to the final settlement whenever possible.

Our experts understand the need for rehabilitation to get you back on your bike or back to work. As we have keen cyclists as senior consultants, they understand the “rules of the road” and the cycling mentality whether it be pure recreation, commuting or competition.

Injuries sustained in cycling injuries are often painful, long lasting or permanent physically or psychologically. We can help address this with suitable early rehabilitation.

Our experts understand the issues and are experienced in dealing with the issues to be resolved with higher value claims.