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Friday, September 7, 2007

Types of Compensation

If you have been injured we can claim compensation for the Pain and Suffering. Compensation awards in the UK still do not compare to those in the USA (see below for examples), but do not forget that you can also recover your expenses arising from the accident.

In all cases you can claim for:

Compensation for your pain and suffering, together with the disruption to your everyday life

lost earnings

lost pension contributions

the cost of medical treatment

damaged personal possessions

the cost of employing domestic assistance

damaged property

cancelled holidays fees

compensation for those who cared for you, even if they were not paid

postage and telephone costs

extra heating bills if you are housebound

In motor cases you can claim for:

your excess

the cost of hiring a car

the cost of repairs

your inconvenience if are without a car whilst it is being repaired or replaced

Typical awards for pain and suffering alone:

Neck strain lasting a couple of weeks 500

Neck strain for a few weeks with absence from work 1500

Whiplash with recovery within two years 3750

Simple fracture of leg (tibia or fibula) with full recovery 4750

Fracture finger with full recovery within a few weeks 1000-2000

Copyright (c) 2006 ClaimKing.com

Andrew Bowen is the CEO of Accept Direct Car Insurance and ClaimKing.com who specialise in online personal injury claims.

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Houston Personal Injury Attorneys

Have you suffered emotional or physical trauma due to an accident? Perhaps you got into a car accident during Houstons rush hour. Or maybe you needed to be hospitalized because of food poisoning. In the city of Houston, personal injuries happen all the time. Here are some tips to help you find a personal injury attorney.

To help you find a Houston personal injury attorney, first ask your friends and family if they can recommend anyone to you. Often, people dont discuss their legal business with each other, but someone may have needed a personal injury attorney. Even if they didnt need a lawyer, a relative or friend of yours who lives nearby may know a personal injury attorney who lives in Houston.

Once you obtain a list of personal injury attorneys that practice in Houston, you will need to start making phone calls. Dont disclose too much of your personal information during the initial phone call. This will help you get a better feel for an attorneys personality and values. You may need to set preliminary appointments with multiple lawyers to help you find a personal injury attorney that meets your needs.

After you go to the initial appointments, you will need to choose your personal injury attorney. Go with one you feel comfortable with and who seems to have the best qualifications. Ask about any cases theyve won that are similar to yours. This is all valuable information that will help you decide on a Houston personal injury attorney that is right for you.

When you do find a personal injury attorney in Houston that meets all your criteria, it is time to begin the process of preparing your law suit. This process can be long, so be prepared to disclose your story multiple times. Sometimes lawsuits can be settled outside of court. If yours needs to go to court, make sure you have the mental strength to endure the process.

Houston Personal Injury Attorneys provides detailed information on Houston Personal Injury Attorneys, Houston Personal Injury Claims, Houston Personal Injury Lawsuits, Houston Personal Injury Laws and more. Houston Personal Injury Attorneys is affiliated with Houston Personal Injury Claims.

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How Much Compensation Money for a Whiplash or Neck Injury?

Whiplash or neck injuries are very common but there seems to be a stigma involved in claiming compensation for whiplash.With the ever increasing traffic on our roads there are more and more road accidents where whiplash is a common injury. Any accident involving the neck and shoulders can be painful and should be compensated for. Claiming compensation for an accident that was not your fault is your legal and civil right.

There are many different types of neck injuries and many are found in conjunction with back and shoulder problems. The most devastating cases may leave claimants very severely disabled and these claims may have a value of 86,500. On the lower end of the scale where claimants may only suffer a minor strain and only suffer for a few weeks the amount could be as little as 750. Severe neck injury which is associated with incomplete paraplegia or with permanent spastic quadriparesis or where the injured person still has no movement in the neck and suffers severe headaches, the amount of damages awarded could be in the region of 86,500. The compensation awarded to someone with injuries which give rise to severe disabilities could be in the region of 38,175 to 76,350.

With injuries which cause severe damage to soft tissues and or ruptured tendons the amount you could be entitled too could be in the region of 32,000. The precise amount would depend the prognosis and the length of time during which the most serious symptoms are more bearable. Fracture injuries or dislocations which cause severe immediate symptoms and which may necessitate spinal fusion could fetch in the region of 14,500 to 19,100. Fractures can leave markedly impaired function or vulnerability to further trauma and some limitation of activities.

Moderate cases involving whiplash or wrenching type injuries can result in cervical spondylosis, serious limitation of movement with permanent or recurring pain and stiffness with the possible need for further surgery. For this moderate case the amount you would be entitled to would be in the region of 8,150 to 14,500.

The type of injuries which may have exacerbated or accelerated some pre-existing unrelated condition but they may have made a complete recovery. The amount you may be entitled too could be in the region of 4,575 to 8,150. This will also apply to moderate whiplash injuries. The more minor cases where a full recovery takes place within a couple of years the amount would be in the region of 2,550 to 4,575. For a complete recovery that takes a few weeks or months the amount would be 750 to 2,550.

If any of these describes your injury and you believe the accident was not your fault then you should claim compensation. Over 2 million people in the UK have accidents each year, and very few claim compensation for their injuries which is ridiculous. Seeking compensation for pain and suffering your civil and legal right. Whatever type of accident, as long as youre not responsible then you are entitled to compensation and should go about claiming it. The financial loss you would be compensated for could be due to loss of earnings or due to damages to your car or any other personal item. Some people may have to adapt their homes to deal with the injury permanently. Or they may have lost their job and are no longer able to work; stress depression and anxiety are all illnesses that may not have occurred if the accident had never happened. This is why it is ethically right that people should have the opportunity to claim compensation for their injuries however mild or severe they maybe.

No win no fee (Conditional fee agreements) were first introduced in 1995 when legal aid was still available for personal injury cases. The reason it was introduced was to give the people with incomes above legal aid eligibility limits the chance to fund personal injury litigation. People whose income was just about the limit were still finding it difficult to pay for a solicitor. This no win no fee agreement eventually became available to fund most civil cases and the consequence of this was that legal aid was abolished 2000. Contrary to popular belief there has not been a compensation boom, in fact the number of claims has dropped since this time.

So if you have damaged your neck and have suffered whiplash you should be seeking out an accident claims solicitor. Ignore the stigma attached, and find yourself a solicitor that offers free impartial advice and one that has years of experience dealing with accident claims.

Accident claims for the UK market contact Accident Consult for your no obligation consultation. They are experts in dealing with whiplash claims.

Free to republish this article providing this resource box remains intact with a working hyperlink to our site.

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Making a Slip and Fall Case Work

Usually, the premise liability law, which states that an individual who owns a land or a property can be held responsible for the injuries suffered by any person who visited his or her premises, covers slip and fall injuries. However, the victims must prove that the property owner is very much aware of the hazardous condition of his or her premises and that condition indeed caused the injuries. More so, the plaintiff must establish that the owner did not exercise any acts to correct the dangerous condition or did not put up sufficient signs to warn the people of the possible risks in the area. Otherwise, a slip and fall claim case may not progress in courts.

There are countless number of hazardous conditions that could result to a slip and fall accident. Here are some of the most common examples:
A slippery flooring due to water or wet object or over application wax
Walkway cracks
Poor maintenance of stairways and hand rails
Holes on the streets, sidewalks, grass or walkways
Uneven floor surfaces
Food or any other object debris that are left on the floors

Furthermore, the law entitles the slip and fall victims to recover monetary damages from the liable parties. The amount that the plaintiff can acquire greatly depends on certain facts of a particular case. These include the place where the accident happened, the entire amount of defendants insurance coverage, the defendants resources, the seriousness of the injury and the strong merits of the claim. To add, the litigation skills of the personal injury lawyer who handles the case also has an effect on the amount of the recovery.

Generally, the state government determines the coverage of the damages. Nevertheless, most of the state laws affirmed that successful claims should be entitled of the following compensation:
cost of hospital and medical bills
lost wages due to the victims incapacity to further perform their jobs
emotional and mental pain and suffering
cost of the damaged things from the accident like watches, eyeglasses and clothing of the victims
other general damages and expenses that result from the accident

On the other hand, the defendants may set themselves free of any liability if they have successfully established these points:
The defects are very trivial to cause a serious injury to the plaintiff
The defects are too visible not to be seen by the plaintiff
they are not aware of the hazards since they do not have the direct supervision of the premises or the hazards have just recently occurred

These explain why the victims should hire the assistance of a qualified and competent slip and fall accident lawyer. A lawyer can utilize all the legal methods to defend his or her clients rights. Thus, an experienced legal counsel can assure them that their cases will gain favor from the courts.

Our Los Angeles Lawyers are expert in handling personal injury cases such as slip and fall injury.

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Mortgage Glossary of Terms

A brief list of some of the most common Mortgage terms.

Adverse Credit
The term used if the borrower has a poor credit history. This could include previous mortgage or loan arrears, bankruptcy or CCJ's. Other terms used to describe an adverse credit mortgage include:

  • Bad credit mortgage
  • Poor credit mortgage
  • Non status mortgage
  • Credit impaired mortgage
  • No credit mortgage
  • Low credit score mortgage

APR (Annual Percentage Rate)
The interest rate reflecting the cost of a mortgage as a yearly rate. The APR provides home buyers with the ability to compare different types of mortgages based on the annual cost of each.

Arrangement Fee
The fee you pay your Lender in return for them providing you with a mortgage. Usually paid on completion or with your application, these fees usually apply when you take out a fixed rate, discount or cashback mortgage.

AST (Assured Shorthold Tenancy)
A form of tenancy that gives the landlord the right to repossess their property after a set amount of time laid out in the tenancy agreement. New tenancies are automatically ASTs unless otherwise stated.

Assured tenancy
The landlord can charge a market rent (the current rate for similar property in that area) and take back the property under certain conditions, as set out in the Housing Acts of 1988 and 1996.

Bridging Loan/Finance
Short term loan to enable the purchase of one property before the sale of another essentially releasing funds that are required for the purchase. You should always consult a professional before considering any bridging finance as it could be a solution that is worse than the problem.

Brokers Fee
A fee charged by an intermediary or advisor for locating the most appropriate mortgage for the borrower.

Buildings insurance
Insurance you can take out when you buy a property that will cover the cost of any damage to the house and or contents..

Buy to Let
A mortgage meant for those who wish to purchase a property to rent out to others. The decision on whether you are able to repay this type of mortgage is often based up on the future rental income from the property rather than the personal income of you the borrower.

CCJ (County Court Judgment)
A judgement reached in the County Court generally realted to non payment of a loan, mortgage etc debt in general. If you pay off the debt, the CCJ will be satisfied and a note is put on your records that states this.

Chain
A housing 'chain' made up of a number of buyers and sellers, essentially the line of buyers and sellers involved in each house move.

Charge
Any right or interest, especially with a mortgage, to which a freehold or leasehold property may be held. Basically a charge is the claim the lender has on the property until the mortgage or loan is satisfied.

Completion
The term used when the seller and buyer exchange the finances required to buy a property through their respective solicitors. At exchange of contracts a deposit, usually 10%, will have been paid. At this point the buyer becomes legal owner of the property.

Conveyance
The legal process in which ownership of the property is transferred from the seller to the buyer. Generally undertaken by a solicitor, or licensed conveyancer.

Early redemption fee
If you decide that you want to sell your property or remortgage then you will be redeeming you mortgage early. Most lenders charge a penalty fee, especially during any period of a fixed, capped or discounted rate. Be sure you are clear about any potential penalties when you are about to take on a mortgage.

Equity and negative equity
The amount of value in a property that isn't covered by a mortgage - simply take the amount of the mortgage from the valuation to work out the equity. This is where the money you owe on the mortgage is greater than the value of your property.

Exchange of contracts
The contract is a written agreement that lays out the terms between the buyer and the seller. When both parties exchange contracts, usually weeks before completion, the deal becomes legally binding. Often a deposit of around 10%, is paid at this stage.

Fixed Rate
A set interest rate on a mortgage fixed for a period of time. This varies from lender to lender.

Freehold
If you are the property owner outright then your property is freehold. Most houses are freehold wheres many flats are leasehold, since you are not the owner of the whole building containing the flats.

Gazumping
If you are in the process of purchasing a property and your offer has been accepted but the seller gets a better offer, before you complete, and takes it then, you've just been 'Gazumped'.

Interest Only Mortgage
A mortgage whereby the borrower is only required to pay inerest on the amount borrowed during the mortgage term. It is the borrowers responsibility to ensure that enough funds will exist (either through an investment policyor other means) to repay the full mortgage at the end of the term.

Intermediary
A mortgage broker or advisor who finds the most suitable mortgage for a borrower and arranges the mortgage on their behalf.

Leasehold
If you buy a leasehold property you don't own the property rather the right to live there for a specified period of time, however much time remains on the lease. The owner of the property is called the freeholder or landlord.

Liability
This relates more to commercial mortgages. With a commercial mortgage liability for the repayment of the loan depends on the legal structure of the business:

A sole trader will be personally liable for the mortgage debt. Personal assets could be seized if the business defaults.

Partners are jointly liable for the debts of the partnership and their personal assets are at risk

With a limited-liability partnership and a limited company, the liability falls firstly on the business rather than on the individual partners and directors. The lender may take a floating charge on business assets in general, rather than simply on the current property being purchased.

The lender may also insist on personal guarantees as a condition of granting the loan, in which case the partners and directors may be held personally liable anyway.

Life insurance
If you have a joint mortgage, life insurance can be acquired that will see the mortgage paid of should one of you pass on.

LTV (Loan to Value)
The size of the mortgage as a percentage of the value of the property i.e. A 90k mortgage on a house valued at 100k would mean an LTV of 90%.

MIG (Mortgage Indemnity Guarantee)
A one off payment made when you set up a mortgage a kind of insurance policy for the lender. This offers them protection against the value of the home falling to less than the mortgage. It is generally only charged to borrowers with a less than 10% deposit, but this can vary.

Mortgage
A loan to buy a property where the property is used as security against you paying back the loan.

Mortgagee
The company or organisation that lends you the money.

Mortgagor
The person taking out the mortgage.

Non-Status
Where a lender may not require income details from you or may accept some previous poor credit history i.e. CCJ's or previous mortgage arrears.

Payment Holiday
A period during which the borrower makes no mortgage payments.

Regulated tenancy
A legal right to live in your accommodation for a period of time. Your tenancy might be for a set period such as a year (this is known as a fixed term tenancy) or it might roll on a week-to-week or month-to-month basis (this is known as a periodic tenancy).You are a regulated tenant if you moved in before 15 January 1989, you pay rent to a private landlord and your landlord does not live in the same building as you.

Remortgage
The taking on of a second mortgage to pay off the first. The most common reasons for doing this are that another mortgage is available at a better rate or that the value of the property has gone up allowing for the opportunity to borrow more money against the property.

Right to Buy
For example, a tenant in a council owned property may purchase the property at a discount depending on length of their tenancy.

Self Certified
Generally when a borrower applies for a mortgage he or she will be asked to provide pay slips or company accounts to prove their income. If it is difficult or inconvenient for you to provide this evidence, you can choose to self-certify your income. This involves signing a declaration which states your income sources and amounts. Lenders will charge you higher rates than average and offer you a more limited range of mortgages if you choose to self-certifyyour income, in general it's not a good idea to self-certify just to avoid some paperwork.

Stamp Duty
Tax paid by the buyer of a property set at 1% for properties over 60k, 3% for properties over 250k and 4% for properties over 500k.

Structural survey
The most wide ranging check of the structure of a property. This is carried out by professional surveyor and should uncover any defects or faults with the building.

Tenancy
A legal written agreement between a landlord and tenant that sets out the terms of the rental.

Term
The period of years over which you take the mortgage and repay it.

Term Assurance
An insurance policy designed to repay the mortgage on the death of the insured person. Level Term Assurance covers a principal sum throughout the policy term and pays out the full amount on death. Reducing Term Assurance is designed to repay the balance outstanding on a repayment type mortgage upon death. Term Assurance may also pay out early on the diagnosis of a terminal illness.

Underwriting
The process of evaluating a loan application to determine the risk involved for the lender. This involves an analysis of the borrower's creditworthinessand the quality of the property itself.

Unencumbered
Where the property is owned outright and no mortgages or loans are secured against it.

Valuation
A simple check of the property in order to find out how much it is worth and whether it is suitable to secure a mortgage against.

Valuation Fee
The fee paid by a borrower to cover the cost of the lender checking that the property is suitable security for the mortgage.

Variable Rate
A type of interest rate the lender can charge. It goes up and down and your repayments change accordingly.

Vendor
The person selling the property.

About the Author
Specialists in Bridging Finance and Commercial Mortgage lending Commercial Lifeline. Independent UK based Commercial Finance brokers.

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