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<title>Latest Articles by nicksingh</title>
<link>http://www.articletrader.com/</link>
<description>Articles at ArticleTrader</description>
<language>en-us</language>
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<title>What Is Medical Negligence?</title>
<link>http://www.articletrader.com/legal/personal-injury/what-is-medical-negligence.html</link>
<guid>http://www.articletrader.com/legal/personal-injury/what-is-medical-negligence.html</guid>
<pubDate>Mon, 11 Jun 2007 00:00:00 -0500</pubDate>
<description><![CDATA[ Medical negligence is much more than a doctor making a mistake. To prove that the doctor was medically negligent, your solicitor must also show that in making that mistake the doctor or dentist provided a standard of care that was unacceptable by the standards of the profession. Negligence can include an act or a failure to carry out an act (an omission). This might include, for example, a doctor performing surgery incompetently or failing to refer a patient for specialist advice where this is indicated.<br><br>Your solicitor will also need to prove a link between the alleged act of negligence and the damage or injury suffered. This link is called causation and is often the most difficult part of evidence in a medical negligence claim.. For example, if a General Practitioner failed to refer a patient to hospital who was suffering from bowel pain and eventually the patient is seen at hospital and is diagnosed a suffering from cancer. Your specialist medical negligence solicitor would have to prove that any negligent delay in the referral to the specialist caused a deterioration of the cancer or that had the referral been made initially a full recovery might have taken place. Your solicitor will need to obtain expert medical advice to assist with these questions.<br><br>The legal tests of negligence and causation are difficult to establish and it is important that you seek early and urgent legal advice only from a specialist solicitor.<br><br>You should ensure that your solicitor has a Legal Services Commission franchise in medical negligence. Only firms with this franchise can offer public funding (Legal Aid) to pursue medical negligence claims. The firms are assessed for expertise and internal management standards before being awarded a franchise and their performance is measured against quality standards in an annual audit.<br><br>Specialist solicitors are usually members of the AVMA (Action for Victims of Medical Accidents) panel or the Law Society Medical Negligence panel. These bodies ensure that any solicitor on their panel has experience and expertise in dealing with a range of medical negligence claims from outset to trial, if this proves necessary.<br><br>AVMA or the Legal Services Commission can give you details of specialist solicitors in your area.<br><br>For further information regarding <a href="http://www.1stclaims.co.uk/medical-negligence/clinical-negligence-compensation.php">Medical Negligence</a> please visit our website.<br /><br />--<br />1stclaims.co.uk is run by a non-practising Personal Injury Solicitor with over 14 years personal injury claims experience. We use this first hand knowledge of the Personal Injury Claim system to hand select the very best personal injury solicitors for you. We want you to be handled professionally and to receive the best possible service.<br>A UK Network Of Personal Injury Experts Waiting To Help You!<br><br>1stclaims.co.uk are on your side to find you the right personal injury solicitor. We have a UK wide network of over 200 personal injury solicitors ready and waiting to help you with your claim. You can be sure that they not only possess the expert knowledge they need to help you, but that they also will have a genuine interest in making sure the whole claim process is kept as simple as it can be for you.<br>What Do You Receive When You Let 1stclaims.co.uk Help You?<br><br>All of our personal injury solicitors are vetted by us personally to ensure you will be well taken care of. When you contact us we will take all the necessary information that we need from you to get your claim moving in the right direction. We will appoint an expert solicitor to review the details and get in touch with you by telephone, so that you can make sure you are happy to proceed. There is no charge for this service and of course we offer a completely "no win no fee" service. If your claim is not successful, you do not pay for the service, if your claim succeeds, any costs payable are reclaimed from the other party's insurance company. So you can rest assured that you are in safe hands.<br>Extra Free Benefits You Will Receive from 1stclaims.co.uk<br><br>In addition to a hand picked solicitor, we can also arrange FREE Motorcycle Hire or Car Hire along with private medical treatment to help you recover more quickly from your injuries and a prompt, efficient service.<br>Qualified Solicitors and Legal Executives Only!<br><br>It may surprise you to know that many firms of solicitors use junior, often non qualified staff to handle your claim. 1stclaims.co.uk ensure that only expert qualified personal injury solicitors and legal executives will handle your claim.<br><br>Please visit <a href="http://www.1stclaims.co.uk">1st Claims</a> to find out mote<br><br>Source: <a href="http://www.articletrader.com/">http://www.articletrader.com</a> ]]></description>
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<title>A Guide to Contributory Negligence</title>
<link>http://www.articletrader.com/legal/personal-injury/a-guide-to-contributory-negligence.html</link>
<guid>http://www.articletrader.com/legal/personal-injury/a-guide-to-contributory-negligence.html</guid>
<pubDate>Mon, 11 Jun 2007 00:00:00 -0500</pubDate>
<description><![CDATA[ What is contributory negligence?<br><br>To be able to make a claim for compensation for whiplash you first need to prove that someone else was totally or largely to blame for that accident. The law of tort says that you must prove:<br><br>    * That someone owed you a duty of care (to drive carefully and not to cause damage to you or your vehicle)<br>    * That someone has breached that duty of care (ie they drove into you)<br>    * And that driving into you has caused damage, injury or loss (causation)<br><br>If they can prove all of these points they can make a claim for compensation. However, that claim for compensation can still be reduced in amount if the other driver can prove that you were partially responsible for the accident. If they can prove that you were 50% responsible for the accident, then your total claim for compensation would be reduced by 50%, meaning that if the total claim was initially for £10,000, it would be reduced to £5,000. Therefore, contributory negligence can have a serious impact on the total amount of your whiplash claim.<br>Types of Contributory Negligence<br><br>There can be a large number of causes of contributory negligence. For example, somebody driving into the back of you when you are stationary normally leads to a straightforward claim for compensation for your whiplash injury. However, if the other driver can prove that you were braking and your brake lights were not working, he may be able to reduce or completely remove his liability for compensation to you. Each case is looked at on the evidence and your solicitor will advise you on this in detail. It is your solicitor's duty to obtain evidence to support your claim and also to rebut any claim against you for contributory negligence by the other driver's solicitor.<br>Failing to wear a seat belt<br><br>There is one area where you will always be guilty of contributory negligence:- failing to wear a seatbelt. If you make a whiplash claim and the other driver can prove that you were not wearing a seatbelt when the accident took place, your total claim for compensation will normally be reduced by 25%. Therefore, not only should you wear a seatbelt to comply with the law and to protect yourself in the event of an accident, but it also saves you losing one quarter of your compensation if you subsequently make a claim for compensation.<br><br>Another example of contributory negligence is failing to wear a helmet on a bicycle, or failing to use a guard on machinery at work when you have been trained to do so.<br><br>For further information regarding <a href="http://www.1stclaims.co.uk">Whiplash Compensation</a> please visit our website.<br /><br />--<br />1stclaims.co.uk is run by a non-practising Personal Injury Solicitor with over 14 years personal injury claims experience. We use this first hand knowledge of the Personal Injury Claim system to hand select the very best personal injury solicitors for you. We want you to be handled professionally and to receive the best possible service.<br>A UK Network Of Personal Injury Experts Waiting To Help You!<br><br>1stclaims.co.uk are on your side to find you the right personal injury solicitor. We have a UK wide network of over 200 personal injury solicitors ready and waiting to help you with your claim. You can be sure that they not only possess the expert knowledge they need to help you, but that they also will have a genuine interest in making sure the whole claim process is kept as simple as it can be for you.<br>What Do You Receive When You Let 1stclaims.co.uk Help You?<br><br>All of our personal injury solicitors are vetted by us personally to ensure you will be well taken care of. When you contact us we will take all the necessary information that we need from you to get your claim moving in the right direction. We will appoint an expert solicitor to review the details and get in touch with you by telephone, so that you can make sure you are happy to proceed. There is no charge for this service and of course we offer a completely "no win no fee" service. If your claim is not successful, you do not pay for the service, if your claim succeeds, any costs payable are reclaimed from the other party's insurance company. So you can rest assured that you are in safe hands.<br>Extra Free Benefits You Will Receive from 1stclaims.co.uk<br><br>In addition to a hand picked solicitor, we can also arrange FREE Motorcycle Hire or Car Hire along with private medical treatment to help you recover more quickly from your injuries and a prompt, efficient service.<br>Qualified Solicitors and Legal Executives Only!<br><br>It may surprise you to know that many firms of solicitors use junior, often non qualified staff to handle your claim. 1stclaims.co.uk ensure that only expert qualified personal injury solicitors and legal executives will handle your claim.<br><br>Source: <a href="http://www.articletrader.com/">http://www.articletrader.com</a> ]]></description>
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<title>Tips for setting up the optimal office</title>
<link>http://www.articletrader.com/business/small-business/tips-for-setting-up-the-optimal-office.html</link>
<guid>http://www.articletrader.com/business/small-business/tips-for-setting-up-the-optimal-office.html</guid>
<pubDate>Mon, 16 Apr 2007 00:00:00 -0500</pubDate>
<description><![CDATA[ <p>One of the most exciting things a  businessman forming a company will do during the first year is office hunting. Looking for an office is an affirmation that, yes, the business is about to become a reality!<br>	  <br> But the hunt for an office location doesn’t end there. There is also the matter of the physical office itself. Even before you bring in the first office equipment into your new office space. You still need to make sure that your office is optimised to ensure that you and your employees will work at your best without the encumbrances that are part and parcel of poorly thought out offices.<br><br> Here are some reminders to ensure that you will have a fully optimised office:<br><br><b>Check the electrical wiring.</b> Check how many electrical outlets are available in your office space. Is it enough for all of the office equipment you will bring in with a little extra sockets for other equipment or appliances that may be added in the future? It’ s a good idea to spend a little to have additional outlets installed. Most office construction experts recommend putting the outlets above desk level so that people won’t have to go on all fours and crawl under their desks just to plug something into the outlet. If your office is going to be heavy in equipments, ask your electrician to zone the wiring places of electrical outlets on a separate circuit breaker, that way, even if some parts of the office’s electric outputs short circuit, you can have some parts of the office with a continual flow of electricity.<br><br><b>Phone provisions.</b> Make sure you have at least two phone lines to ensure that people can constantly reach you even if one line is occupied for a long time. It’s also a good idea to put an electrical outlet near the phone jacks so that you won’t have a problem if you bring in equipment that would require both – like a fax machine.<br><br><b>Good ventilation.</b> Look for the vents in your office’s forced-air system and avoid putting your equipment near these vents in order to protect them.<br><br>Provide good lighting. A good office must have as much natural light as possible with certain areas filled in with a combination of ambient lighting (these are the ceiling fixtures) and task lighting (personal lighting devices like a desk lamp). Track and recessed lighting may give your office a good ambience but they’re bad for a work environment because it’s too bright and the beams are too focused. Office construction experts also recommend not using fluorescent lights because they are hard on the eyes. For those who are stuck with fluorescent lighting changing the bulbs from cool to warm to soften the light.<br><br>A good but expensive option is to use a full-spectrum lighting system that mimics natural light. This system is perfect for those working in departments that need to see true color.<br><br>Reduce ambient sound. One of the biggest distractions to people who work is noise. Reduce ambient noise and sound by putting wall-to-wall carpeting. Even an area rug, if you can’t afford the previous suggestion, can help diminish sound. Other sound-reduction methods you can employ in your office are double-glazing windows, using solid doors, and weather-stripping.</p> For further info on <a href="http://www.auxesiaonline.co.uk/Company_Formations/forming_a_company_hosw.htm">forming a company</a>, please go to the website on http://www.auxesiaonline.co.uk/Company_Formations<br /><br />--<br /><p>Peter is established in registering companies both home in the UK, and abroad. He is well placed to offer unbiased advise in the business of registering a company with years of experiance behind him.</p><br><br>Source: <a href="http://www.articletrader.com/">http://www.articletrader.com</a> ]]></description>
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<title>PR Tips for Small Business Part 1</title>
<link>http://www.articletrader.com/business/small-business/pr-tips-for-small-business-part-1.html</link>
<guid>http://www.articletrader.com/business/small-business/pr-tips-for-small-business-part-1.html</guid>
<pubDate>Mon, 16 Apr 2007 00:00:00 -0500</pubDate>
<description><![CDATA[ <p>      Attracting new customers who will buy your products and services is one of the most important goals of a business – more so for a start up business. There are many different methods that you can use to entice customers and attract their attention. But one of the best ways of doing this is to use tried and tested public relations skills. PR can give some excellent results for your online company formation with the added benefit of using very little financial resources.<br>	  <br>Public relations (PR) is, quite simply, the relationship your business has with the public. The kind of relationship you will establish with your public is bound to have a significant effect on the future of your business. This is where public relations can help. PR is when you publicise and build interest and enthusiasm for your business among your public. Successfully doing this would create more awareness for your business and its products and services as well as driving sales.<br><br> Following are tips that would help you make effective PR efforts<br><br><ul><li>Before you start planning any PR efforts make sure that your product or service is ready. Ensure that your product is primed for public consumption. Bring it out, make sure it works and that it does something that people will care about. Because PR drives customer demand, you will miss out on important sales or even drive your customers away and to your competitors if they do come to you and your products are not ready.</li><li>You must get to know your market. A successful PR thrust is based on reaching the right audience with a message that is appropriate and meaningful to them. If you are not familiar with your target audience as well as the publications that they read, chances are, implementing the rest of your PR actions will be completely useless. There would be no point of trying to get your story printed in a financial paper when your audience primarily reads the regular dailies.</li><li>You should learn all about the media to more effectively target your efforts. When you define your audience you will also have to know their reading habits (what publications do they read), the radio programmes that they listen to, the TV programmes that they watch as well as the websites that they visit. Take the time to familiarise yourself with the media outlets that you plan to target. You will need to get a good idea of that type of stories that you will need to present to optimise your chance of coverage.</li> <li>The most integral part of your PR campaign is your message so make sure that it is clear, concise and brief. If you cannot sum up your message in a few sentences then it is too complicated and editors won’t probably read it.</li></ul>	  </p> http://www.auxesiaonline.co.uk/Company_Formations/online_company_registration_ftbs.htm<br /><br />--<br /><p>Peter is established in registering companies both home in the UK, and abroad. He is well placed to offer unbiased advise in the business of registering a company with years of experiance behind him.</p><br><br>Source: <a href="http://www.articletrader.com/">http://www.articletrader.com</a> ]]></description>
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<title>A Guide to Compensation in Whiplash Claims</title>
<link>http://www.articletrader.com/legal/personal-injury/a-guide-to-compensation-in-whiplash-claims.html</link>
<guid>http://www.articletrader.com/legal/personal-injury/a-guide-to-compensation-in-whiplash-claims.html</guid>
<pubDate>Wed, 11 Apr 2007 00:00:00 -0500</pubDate>
<description><![CDATA[ <h2>If a person is able to prove that someone has been negligent and caused them loss, injury or expense, they are entitled to compensation. However, who or how do you determine how much compensation that person should receive?</h2>	<h3>The Purpose of Compensation for Negligence</h3>	<p>If you are involved in a car accident and you make a claim for whiplash compensation, English law states that you are only entitled to receive compensation that will put you back in the same position as you were in if you had not had the accident. The law is very clear that you should not be put in a better position than you were before the accident.</p>	<h3>Difficulties in Assessing the Amount of Whiplash Compensation </h3>	<p>Whilst it is easy to assess some aspects of a claim for compensation, such as lost earnings due to injury, or the cost of repairs to your car, it is not so easy to compenste you for your injuries. If the purpose of compensation is to put you back into the same position you were in before the accident, how can this be achieved with your pain and suffering? The pain cannot be made to completely disappear in some circumstances. In cases of injury, the only solution is to try and ensure you make a full recover, and if not, to put a figure on how much the pain is worth to you in monetary terms. Therefore, if you suffer a whiplash injury, you can claim for the cost of any private medical treatment which will help to improve your pain and suffering, and you can also claim a sum of compensation for the pain you experienced until you made a full recovery, or if you fail to do so how much that ongoing pain is worth.</p>	<p>It is accepted that this is not an easy task, but over the years the courts awarded fairly standard amounts for similar types of injuries. This then enabled the Judicial Studies Board to review all of these cases and prepare a book which puts a value on the various different types of injuries sustained, from whiplash injuries, to broken arms and even more serious claims. For more information on valuing a claim see here : Amounts of Whiplash Compensation.</p>	<h3>Claiming Compensation for Non Injury Losses and Expenses</h3>	<p>In addition to claiming compensation for injuries, you can also claim compensation for other losses and expenses which were caused by the accident. These are more straightforward to quantify, normally by receipts or invoices, or in the case of lost earnings, wage slips from employers. These expenses and losses can include:</p>	<ul>	<li>Lost earnings due to time away from work</li>	<li>Repairs to your vehicle</li>	<li>Additional travel expenses incurred (eg travelling to doctor appointments etc)</li>	<li>Private medical treatment (eg physiotherapy or chiropractic)</li>	<li>Any medication purchased</li>	</ul>		<p>Whilst it is not always easy to quantify a claim for compensation, over the years there has been sufficient case law which enables the courts to achieve the purpose of compensation: to put the person claiming compensation back in the position they would have been in had the accident not happened.</p> <p>For further guidance please go to our site and read more about <a href="http://www.1stclaims.co.uk/whiplash-compensation/whiplash-claims.html">whiplash claims</a></p><br /><br />--<br /><p>Nick Jervis is a solicitor (non practising) who worked in private practice for 14 years specialising in personal injury claims. Nick wrote a book on claims against the Motor Insurers Bureau and lectured extensively to other personal injury solicitors.</p><br><br>Source: <a href="http://www.articletrader.com/">http://www.articletrader.com</a> ]]></description>
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<title>Email Marketing First Time Buyers Guide</title>
<link>http://www.articletrader.com/business/marketing/email-marketing-first-time-buyers-guide.html</link>
<guid>http://www.articletrader.com/business/marketing/email-marketing-first-time-buyers-guide.html</guid>
<pubDate>Tue, 10 Apr 2007 00:00:00 -0500</pubDate>
<description><![CDATA[ <p><strong>Email Marketing First Time Buyers Guide</strong><br>  There can be a bewildering range of  types of email marketing solutions each with a number of different feature  sets.<br>  This guide aims to summarise the  pros &amp; cons of each type of solution and what to look for.<br>  <strong>Contents</strong><br>  1. Key Features to look for in your  first email marketing solution<br>  2. Inhouse  software<br>  3. Hosted ASP solutions<br>  4. Bureau / Managed Services<br>  5. The Maxemail Family of Email  Marketing Solutions</p><br><br><p><strong>Key Features to look for in your first email marketing  solution</strong><br>  Key functionality that any solution  and supplier should offer should includes:<br>  <strong>1) UK support via telephone &amp;  email</strong><br>  If the support is based abroad you  may have to wait several hours for a response. By the time the response has  arrived you have gone home and it will be a couple of days till the issue is  resolved.<br>  <strong>2) Multiple users supported</strong><br>  This is essential if you want  multiple members of your marketing department to access the solution.<br>  <strong>3) Approval process</strong><br>  If the solution has no approval  workflow then it will only be a matter of time before your campaign is  delivered incorrectly.<br>  <strong>4) Test &amp; Seed list  functionality</strong><br>  The ability to test your email to a  single or set of seed addresses will save you time and ensure there are no  issues with your campaign.<br>  <strong>5) Multiple lists</strong><br>  You will require more than a single  list if you are going to be sending more than a single newsletter. Check to see  if the solution offers this capability.<br>  <strong>6) Deduplication</strong> <strong>of email addresses</strong><br>  This should be automatic and  prevent you from bombarding customers with multiple copies of your email.<br>  <strong>7) Store data other than email  addresses</strong><br>  You will want to store information  such as names, purchase history, content preferences and more to use when personalizing  and segmenting your campaigns.<br>  <strong>8) Appending data</strong><br>  As you collect more data offline  you will want to add it to your lists. There should be an option in the  solution to add this information to the solution without having to create a new  list.<br>  <strong>9) Unsubscribe management</strong><br>  This should entail the ability to  add a link to your email that takes your recipient to a confirmation page  stating they have unsubscribed. This should also flag the record in the  solution to &nbsp;automatically ensure they  are not sent to again. Advanced solutions give you two types of unsubscribe &ndash;  global and list unsubscribe. A &lsquo;global unsubscribe&rsquo; will unsubscribe the  recipient from all lists while &lsquo;list unsubscribe&rsquo; will simply flag the record  as unsubscribed from a single list.<br>  <strong>10) Exclude lists</strong><br>  There will be times when you need  to exclude certain customers. There might be people who have already taken you  up on the offer, or addresses that have bounced. Therefore there should be an  option to exclude a list of addresses you have uploaded.<br>  <strong>11) Bounce Management</strong><br>  Receiving bounced messages into an  email account and removing these is a very time consuming process. Make sure  your solution collects the bounces and gives you the opportunity to view a  report of these showing why they have bounced that can be downloaded.<br>  <strong>12) Resending of soft bounces</strong><br>  This will ensure that emails that  did not get delivered because of a temporary problem such as the receiving  email server was offline, will get automatically redelivered. <br>  <strong>13) Scheduling of campaigns</strong><br>  The ability to schedule emails for  delivery will enable you to setup and queue emails well in advance.<br>  <strong>14) Delivery speed &amp;  Scalability</strong><br>  If you are sending high volumes of  emails (50,000 &ndash; Several Million at a time) ensure the solution is capable by  asking for a pilot campaign.<br>  <strong>15) MIME format</strong><br>  Around 5% of your list cannot read  HTML emails. Ensure the solution can automatically deliver a plain text  alternative. This is referred to as MIME format.<br>  <strong>16) White listing</strong><br>  Your supplier should take an active  role in ensuring your emails will get delivered by &lsquo;white listing&rsquo; your IP  address with major ISP&rsquo;s.<br>  <strong>17) Personalisation</strong><br>  This at the most basic level should  be the ability to insert &lsquo;Dear First Name&rsquo; into an email message.<br>  <strong>18) Segmentation</strong><br>  The ability to send different  messages to different segments will ensure that you achieve better open and  clickthru rates as your messages will be more relevant.<br>  <strong>19) A/B Split Testing</strong><br>  This is the ability to test and  compare variables such as the subject line or content to samples of your list  before delivering the best performing to the remainder of your list. This  functionality will enable you to maximise your email campaign performance.<br>  <strong>20) Reporting</strong><br>  As a minimum this should include:<br>  &middot; Statistics on total deliveries, bounces, unique opens, clickthru&rsquo;s and  unsubscribes<br>  &middot; Time stamping of opens and clickthru&rsquo;s in order to report on recipients  opening and clicking thru multiple times.<br>  &middot; Ability to download reports showing who opened, clicked, unsubscribed  and which addresses bounced and why<br>  &middot; Breakdowns of the links in the email and how many times each one has  been clicked upon.<br>  <strong>21) Proven deployment of the  solution</strong><br>  Many suppliers who are not  specialists in email marketing will offer to design and develop a bespoke  solution for you. This should be avoided at all costs. The wide range of  solutions now available on the market means that there is a proven solution, at  an affordable price with dedicated support and development teams available. A  bespoke solution cannot be produced at a<br>  price that provides the same level  of functionality, reliability and support. In addition these suppliers will not  be able to help you with issues such as white listing. These guidelines are a  minimum you should look for to make running your campaigns smooth and getting  good results from your campaigns.</p><br><br><p><strong>Inhouse software solutions</strong><br>  This is software in the traditional  sense that is installed on a server within your own IT infrastructure. Of the  solutions available in the marketplace most offer a web browser interface into  the software. There are also a few additional suppliers that offer PC based  solutions &ndash; these do not offer the same level of functionality in terms of  tracking and reporting and generally use your existing business email for  delivering the emails.<br>  <strong>Pros</strong><br>  &middot; Licence fee as opposed to a cost per email like hosted ASP solutions.  This can be far more cost effective if you are sending high volumes of email.<br>  &middot; All data is stored inhouse<br>  &middot; Dedicated server and IP address &ndash; you are not sharing servers with other  organisations<br>  <strong>Cons</strong><br>  &middot; Cost is usually an upfront licence fee<br>  &middot; Requires some internal IT expertise and resources<br>  &middot; Some inhouse solutions need to be plugged into your existing mail  servers and databases causing huge delays and slowdowns to your existing  business email<br>  <strong>What to look out for</strong><br>  &middot; Look for UK  telephone and email support. Many inhouse software suppliers only have a US office.<br>  &middot; Does the solution have its own send engine and database or does it  require use of your existing systems?<br>  &middot; PC based solutions cannot offer the same reliability, delivery speed or  reporting as a server based solution despite what their website may say<br>  &middot; Find out if the supplier offers any support for &lsquo;white listing&rsquo; your IP  address </p><br><br><p><strong>Hosted ASP Solutions</strong><br>  The vast majority of suppliers  offer a hosted solution where you login via the Internet to manage your  campaigns. All of your data is stored online and the supplier&rsquo;s server handles  the delivery and tracking of the email campaigns.<br>  <strong>Pros</strong><br>  &middot; No software to install &ndash; access everything from your Internet browser<br>  &middot; Scalable pricing based upon how many emails you send<br>  &middot; No hardware or bandwidth requirements<br>  <strong>Cons</strong><br>  &middot; Shared server and IP address &ndash; can cause issues with deliverability if  other users of that server are sending out junk<br>  &middot; Can be more expensive for higher volumes due to the cost per email<br>  &middot; Data is stored on external servers<br><br>  <strong>What to look out for</strong><br>  &middot; If the servers are based in the USA you might be breaking the Data  Protection Act by placing personal data on these servers<br>  &middot; Check whether the email servers are blacklisted by Spamcop<br>  &middot; Find out if the solution is there own or whether they are reselling it &ndash;  if they are reselling the solution this could cause delays in support issues. </p><br><br><p><strong>Fully outsourced bureau / managed services</strong><br>  If you are undertaking your first  email marketing exercise this can be the most appropriate way to ensure you get  everything right. It can also be the best solution to organisations that do not  have the appropriate skills or time to setup and manage email campaigns<br>  <strong>Pros</strong><br>  &middot; A managed service will fill skill gaps and overcome time constraints<br>  &middot; Suppliers are often able to provide additional advice and expertise on  best practice<br>  <strong>Cons</strong><br>  &middot; Can be expensive in comparison to selfservice solutions<br>  &middot; There can be delays as work gets passed between client and agency for approval<br><br>  <strong>What to look out for</strong><br>  &middot; Find out how much experience they have had working on email campaigns<br>  &middot; Do they have skills in data processing, creative and a reliable  technology solution to deliver and track your email campaigns? </p><br><br><p><strong>The Maxemail Family of Email Marketing  Solutions</strong><br>    <strong>Maxemail inHouse</strong><br>  A licenced software  solution for inhouse deployment. There are no 'per email' costs and therefore  Maxemail inHouse can save you up to 90% per annum.<br>  Further information:<br>  <strong>Maxemail onDemand</strong><br>  Maxemail onDemand is a  hosted ASP solution. The solution is accessed purely from your Internet browser  and enables marketers to take onboard a fully featured, scalable and robust  solution with minimal upfront and ongoing costs.<br>  Further information:<br>  <strong>Maxemail Agency</strong><br>  A specialist solution  for marketing agencies. Each customer can be given their own area on Maxemail  for their email marketing and provided with a login to view the latest tracking  reports or to authorise campaigns. The user interface can also be customised  with your own logos and branding.<br>  Further information:<br>    <strong>Maxemail Managed</strong><br>  For marketers who would  prefer to outsource the running of their email marketing campaigns we offer a  full range of professional managed services from HTML email template design  through to running viral marketing campaigns.</p>For futher information on <a href="http://www.emailcenteruk.com/services.htm">email marketing software</a>, please visit the site at http://www.emailcenteruk.com<br /><br />--<br /><p>Sean Duffy is Marketing Manager for UK email service provider Emailcenter. Sean has been working on email campaigns within retail, travel, B2B and other industry sectors since 2001. Sean is also author of the book “Permission Email Marketing: The Strategy & Tactics of Successful Email Marketing.”</p><br><br>Source: <a href="http://www.articletrader.com/">http://www.articletrader.com</a> ]]></description>
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<title>A Guide to Negligence Law</title>
<link>http://www.articletrader.com/legal/personal-injury/a-guide-to-negligence-law.html</link>
<guid>http://www.articletrader.com/legal/personal-injury/a-guide-to-negligence-law.html</guid>
<pubDate>Tue, 03 Apr 2007 00:00:00 -0500</pubDate>
<description><![CDATA[ <b>A Guide to Negligence Law</b>        <b>In English law the law of tort allows you to claim compensation for whiplash if you are involved in a car or motorcycle accident. But what does this law say, and how did it come into existence?</b>	<p>The law of negligence means that in certain situations one person owes a duty of care to another person to not cause them any harm or injury. If that person subsequently does something, or fails to do something, and that action or inaction causes injury to the other person, they are entitled to claim compnensation for the damage (the injury or the losses and expenses in a whiplash claim).</p>	<p>To understand the law of negligence in relation to a whiplash claim it is easiest to use a case study. If Mrs A is stationary in a queue of traffic leading onto a roundabout, she is in a car and she owes a duty of care to all other road users. Likewise, any vehicles behind Mrs A owe a duty of care not to cause harm to her. If Mr B drives up behind Mrs A and fails to stop in time, crashing into the rear of her car, he has breached this duty of care. If this breach has led to damage or injury to Mrs A, she can claim compensation for these losses from Mr B (or in reality his insurance company).</p>	<b>The Losses or Injury Must Be Caused By The Breach of Duty of Care</b>	<p>In the above example, if Mrs A subsequently experienced neck and back pain, the next step in esablishing that she could make a claim for compensation would be to prove that the injuries she sustained were caused by Mr B driving into the back of her car. In theory this is very straightforward, as if she was not injured before and was afterwards, her injuries seem to have been caused by the accident. However, medical evidence is needed to prove that the breach of duty of care did lead to the whiplash injuries to Mrs A. If on obtaining the medical notes for Mrs A it is discovered that she already had bad neck and back pain, a medical expert will have to say whether the pain now has been made worse by the car accident. Unless his evidence confirms this to be the case, Mrs A will have failed to establish that Mr B's breach of duty or care has caused her injuries, and will not be able to claim compensation.</p>	<b>Summary</b>	<p>To prove negligence to be able to make a claim for compensation for whiplash, a person must prove that another person owed them a duty of care, that they breached this duty of care, AND that this breach of the duty of care caused the first person to suffer injuries or losses. Only then will they be entitled to claim compensation.</p>				If you have been involved in a car or motorcycle accident that has led to a whiplash claim, you might be accused of contributing to the cause of the accident: the correct legal term for this being &quot;contributory negligence&quot;. Here we look at the possible causes of contributory negligence and whether it prevents you from making a whiplash claim or other claim for compensation.</p>   <b>What is contributory negligence?</b>   <p>To be able to make a claim for compensation for whiplash you first need to prove that someone else was totally or largely to blame for that accident. The law of tort says that you must prove:</p>   <ul>   <li>That someone owed you a duty of care (to drive carefully and not to cause damage to you or your vehicle)</li>    <li>That someone has breached that duty of care (ie they drove into you)</li>    <li>And that driving into you has caused damage, injury or loss (causation)</li>    </ul>   <p>If they can prove all of these points they can make a claim for compensation. However, that claim for compensation can still be reduced in amount if the other driver can prove that you were partially responsible for the accident. If they can prove that you were 50% responsible for the accident, then your total claim for compensation would be reduced by 50%, meaning that if the total claim was initially for &pound;10,000, it would be reduced to &pound;5,000. Therefore, contributory negligence can have a serious impact on the total amount of your whiplash claim. </p>   <b>Types of Contributory Negligence</b>   <p>There can be a large number of causes of contributory negligence. For example, somebody driving into the back of you when you are stationary normally leads to a straightforward claim for compensation for your whiplash injury. However, if the other driver can prove that you were braking and your brake lights were not working, he may be able to reduce or completely remove his liability for compensation to you. Each case is looked at on the evidence and your solicitor will advise you on this in detail. It is your solicitor's duty to obtain evidence to support your claim and also to rebut any claim against you for contributory negligence by the other driver's solicitor. </p>   <b>Failing to wear a seat belt</b>   <p>There is one area where you will always be guilty of contributory negligence:- failing to wear a seatbelt. If you make a whiplash claim and the other driver can prove that you were not wearing a seatbelt when the accident took place, your total claim for compensation will normally be reduced by 25%. Therefore, not only should you wear a seatbelt to comply with the law and to protect yourself in the event of an accident, but it also saves you losing one quarter of your compensation if you subsequently make a claim for compensation.</p>   <p>Another example of contributory negligence is failing to wear a helmet on a bicycle, or failing to use a guard on machinery at work when you have been trained to do so.</p><p>You can read more about <a href="http://www.1stclaims.co.uk/medical-negligence/clinical-negligence-compensation.html">medical negligence</a> on our website.</p><br /><br />--<br /><p>Nick Jervis is a solicitor (non practising) who worked in private practice for 14 years specialising in personal injury claims. On leaving legal practice Nick established 1stclaims as a means of putting innocent accident victims in touch with expert personal injury solicitors that Nick has worked with over the last 17 years. For further guidance on <a href="http://www.1stclaims.co.uk">medical negligence</a>, please visit our site on www.1stclaims.co.uk</p><br><br>Source: <a href="http://www.articletrader.com/">http://www.articletrader.com</a> ]]></description>
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