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Personal Injury Claims – The Evolution

Personal Injury claims the industrySince the establishment, of third party liability in Donoghue v Stevenson [1931] the law of tort has steadily evolved. The last decade has seen the law in respect of personal injury and third-party liability explode into an industry and a whole new field in which solicitors can practice. As with any industry that grows so rapidly there have been and still are some teething problems which if the client is not careful can result in financial loss and not to mention stress and huge drain on ones personal time.So what are the mistakes to avoidAs the industry grew so did the rogue’s. Initially teamed with like-minded law firms these rogue claims referral companies tied there clients into scrupulous loan agreements and unnecessary insurance policies. These loan agreement and insurance policies would then be deducted from the claimants personal injury claims compensation. This practice was highly frowned upon by the legal community and the media which later resulted in many firms and claims referral companies voluntarily setting a standard of service by joining organizations like the claims standards council. Long story cut short with the introduction of the ministry of justice this practice soon became obsolete. However till this day there are firms that still deduct a fee substitute from the claimants compensation. Make sure before you sign any agreements or give any details you clarify that no fees should be charged to you and no deductions should be made to your compensation.Whats the best route to takeIn my opinion using a good claims management company to make your personal injury claim is probably the best route. My reasoning for this advice is simply because a good claims management company will have a panel of specialist personal injury lawyers. These specialists personal injury solicitors will specialise in different area of personal injury law. Now if you have been involved in a car accident you will want a personal injury lawyer who specialises in car accident claims and not a solicitor who is jack of all trades. You wouldn’t want builder to carry out your plumbing repairs would you? Also a lot of good claims management companies insist their panel members work on a no win no fee 100% compensation basis making it a safe deal for claimants.Car accident claims and road traffic accidentsBy far one of the most popular type of personal injury claim today comes as a result of a road traffic incident. Here one party causes (also referred to as the third-party) the accident and one party or more suffers as a result. If the causation of the accident isn’t disputed by the third-party or their insurance company, the insurance company of the third party will then start to negotiates with the claimants personal injury lawyers to come to a settlement. The claimants solicitors will normally gather medical evidence to prove and assess the extent of the injury together with an assessment of damages. this will give them an indication of how much the compensation should be. At this point normally the third-party will start to make an offer or offers to settle the claim which in return will be communicated to the claimant by the solicitor. At this point the claimant can accept or reject the offer or make a counter offer. If a counter offer is made the insurance company can accept if they believe it to be reasonable or reject. If the offer or counter offer is rejected by the claimant or third-party insurers the claim can be bought to a court. If however the offer or counter of is accepted the compensation will be issued to the claimant for the personal injury claim please be advised once the offer has been accepted the claimant will not be able to pursue any further damages in respect of this personal injury claim.Accident at work or employers liability claimsAn employers liability claim or better known as accident at work claims arise when an employer neglect his duty to make sure the employee has a safe working environment which results in the employee suffering from a personal injury. In the event of such a incident the employee should ensure he follows all protocols laid down in his/her employment contract and make sure the company records the incident in the accident log/book. If there are any witnesses to the incident make sure you take down as many details as possible also make a note of as many details surrounding the accident at your earliest convenience whilst its fresh in your mind. Once you have instructed a good personal injury claims solicitor they will then start to negotiate with the employer much like the car accident claims procedure and the you the compensation you deserve.

The Four “D”s of Sales Management

Recently I stumbled across some notes that I had kept from a project I had been involved in which involved looking at manager behaviours. The aim of this project was to identify “preferred behaviours” in sales managers when they were working closely with their sales representatives. The outputs were interesting and helped my colleagues identify four main types of sales managers and the differences between effective and ineffective behaviours.Four Types of Manager.A few years ago when working as a coach for a multinational Pharma company my colleagues and I were given the task of designing a framework that enabled managers to work more effectively with their sales representatives out “in the field”. There had been considerable discontent from the sales representatives in that, a large proportion of them “dreaded” the “field visit” from the manager as it was deemed stressful and seen very much as an assessment and the manager “checking up” rather than being motivational and developmental.We studied the behaviours of twenty-five sales managers and interviewed both the managers and a sample of around one hundred representatives in order to come up with guidelines whereby managers (and representatives) could adapt their behaviours in order to make these field visit days far more productive than they had been previously.In this article, I will outline the four types of manager that we found were “operating” and the effect that each type had on the development and motivation of the sales representative.The “Do as I say” or “Dictator” ManagerThere were a group of managers which we termed “Dictators”. This type of manager “rules the roost” and “dictates” what should be done in his or her opinion. Listening skills are limited and they tend to take a very traditional approach to tasks. A typical response is along the lines of “Do it this way because it has worked this way in the past.”An advantage of this approach is that people know exactly where they stand and that the rules and company regulations were fully understood and guidelines were adhered to with the result that overall the team was seen as “well disciplined”. People also knew that if the rules and guidelines were not adhered to, then discipline would follow.The major challenge with this “do as I say” approach was that the representative reported that there was little risk taking and that their opinions and ideas were not listened to, and as a result they often felt frustrated, under valued and in some cases threatened.
The sources of this behaviour appeared varied. Firstly some of the managers were simply mirroring the behaviour of previous managers that they had had themselves and in many ways did not know any form of management. Very little management training had been given to either the senior managers or the managers themselves…When we worked with some of these managers we found that their behaviours changed very quickly and many were glad to be out of their “do as I say” role as they had never felt very comfortable with it. . Other managers, although having been trained continued to “dictate” either through fear of their own superior, an inability to influence peers and reports through collaborative discussion, and in one case, a misguided belief that their people did not have potential unless they were told what to do! The managers who continued in this fashion tended to be average performers.The “Now you see me, now you don’t” or the “Disappearing” Manager.This group we found was the largest group within the twenty-five that we observed. Characterised by seemingly always having other things to do, this group appeared not to like to spend days visiting the sales representatives. They seemed to attend endless meetings, trips to head office and were apparently more comfortable spending time in front of the computer writing reports or pouring through sales figures.A day “in the field” usually consisted of a quick visit, meeting up late morning, chatting over a cup of coffee, perhaps suffering a visit to one customer before having a “discussion” over lunch and then heading off back to a report or meeting. This type of manager always seemed to want to keep the mobile on during visits – “I’m waiting for an important call” was a favourite catch phrase.Representatives reported back that this type of manager was the most frustrating. Very little time was spent with the representative and when there was there was time spent there was usually very little coaching and review. The time was spent either idly chatting or issuing directives. It was as if the representative was un-important or perhaps because the manager was uncomfortable listening to the reps ideas and challenges. This might bring about change and impact on the manager’s routine!
The man reason for this type of behaviour we found was that these managers were on a succession plan. They were only going to be in the job for a sort period because the company had identified them as having future potential elsewhere in the organisation. The sales manager position was a stepping-stone to higher things and as such these managers were not given enough training and coaching and were also stretched in that some of them still had Head Office projects. Some of the “Disappearers” though simply were not able to handle their immediate manager and as such jumped at every request that was made by the senior manager. They had to attend every meeting, write every report and answer every voicemail and e-mail in order to keep in the senior manager’s “good books”. This group in the main needed to basic managerial training and training in how to influence their senior managers.The “Let me Do It” or the “Super Salesperson” Manager -(The “Demonstrator”)The main characteristic of this type of manager was their inability to let people work for themselves. This type of manager would love to get back into the field and would do as many field visits as possible. They actually missed the customer contact and when out with the sales rep would immediately engage the customer and “take over” the sales call. Very little coaching would be done and the manager would tend to tell the representative the best way to do things based on his or her experience and success.
Again, many representatives found this behaviour frustrating and annoying. Firstly, they actually saw far too much of the manager and secondly, when the manager tookover the sales call they felt that their integrity in the eyes of the customer was being threatened. Sometimes the customer felt very uncomfortable also.Having said that many representatives reported that actually watching this manager operate did help them as the manager more often than not had been a good sales executive and sales did tend to improve as a result of the representative implementing what they had observed.This type of manager really has to learn to let go. They have to learn that they are no longer sales representatives themselves and that they must empower their team to deliver the sales. They should be coaching their representatives more, as opposed to always showing them how to do it. This is OK with some of the younger less experienced reps whose capability is low but this type of approach with experienced more able reps can usually be counter-productive.The Coaching Manager. – (The “Developer”)The Coaching Manager takes time with his or her people. Field visits are planned in advance, Agreements as to what each person wants to achieve out the day are reached and objectives are set and reviewed. Time is taken to plan good quality sales calls and time is also put aside in order to discuss the business plan and also to work through any ideas and challenges that the sales rep may have.A full day will be spent whenever possible and the manager will coach the representative to assist them in identifying their objectives and also coach them through how best they are going to achieve them. Coaching will also take place when reviewing how the sales call went and good quality feedback will be given in order to raise the sales representative’s awareness of their skills and interactions.The coaching manager will be seen as support but will also be seen as the manager and not just a “friend”. Sometimes the feedback will be tough but because there is mutual respect the sales representative will realise that the manager is giving constructive feedback in order to assist them in their development and ultimate success. The coaching manager will be skilled in using behavioural analysis, the skill/will matrix, motivational models and coaching models such as GROW and OUTCOMES®.Unfortunately our research showed that only two out of the group of twenty-five came anywhere near our ideal coaching manager. Those two managers were seen as role models and as such their representatives looked forward to them visiting them on a regular basis. Needless to say the sales results of the teams involved were excellentAllan Mackintosh ©2004 All rights reserved

Detoxify With an Ionic Foot Spa and Patches

We have heard countless of times before that health is wealth. The problem is, we have gotten so used to this adage that we tend to take it for granted. And in this day and age where our environment is full of toxins, becoming and remaining healthy is easier said than done.The Fact of the matter is: toxins are all around us and there is no way of escaping them. It is simply not enough to have a wholesome lifestyle these days. It is important to assist our bodies to help eliminate toxins. Our bodies have the natural ability to eliminate toxins with the aid of important organs such as the liver, kidneys and the lower gastrointestinal tract. The problem is, our bodies can only take too much toxins.This is the reason why, we need external processes for detoxification. If you have noticed, spas and health institutions have already made detoxification a regular part of their services. There are also portable detoxification techniques that are available in stores and that you can use at home. Two of the most effective detoxification methods that have emerged in recent years are the ionic foot spa and ionic foot patches.Foot detox devices are the latest trends in the health and wellness industry. You may be asking why target the foot for detoxification purposes? This is because the foot has over 60 reflexology points that can be triggered to aid the different organs of the body to get rid of accumulated toxins.The ionic foot spa is one of the safest, most comfortable and affordable way to detoxify. It is a fact that not everyone can go to a spa regularly for a detoxification procedure. The portable ionic foot spa makes detoxification accessible to a wider segment of society.Ionic foot spa offers a detoxification method that is comparable with instructional detox programs at a fraction of the price of a full treatment. With an ionic foot spa, you can perform the detox procedure at the comfort of your own home.You may want to know how an ionic foot spa works. The process is actually simple. The ionic foot spa sends negatively charged particles or ions into the body. In turn, these ions remove the positively charged ions in the body. Getting rid of these positively charged ions is important since they are the major source of the imbalances in the body. During the treatment, you will see that the water of the foot spa will get murkier. This is because of the toxins that have been eliminated from your body.Another effective yet easy and affordable detoxification technique is through ionic foot patches. These patches contain active natural ingredients that activate the body’s lymphatic system to help the body get rid of toxins. And to use ionic foot patches is easy. You only need to put it on at night before you sleep. When you wake up, you will notice that the color and smell of the patch has changed. This is because of the expelled toxins from the body.If you think it is hard and expensive to become healthy, think again. With the ionic foot spa and ionic foot patches, health and wellness is now within your reach.The Benefits of Detoxification:The Ionic Foot Detoxify initiates the process of rebalancing your body’s bio-energy. Effectively re-balancing the cells equilibrium of positive and negative ions which, in turn, ‘kick starts’ the dispersal of the unwanted toxins. The renewed re-balancing of the cells ensures re-hydration resulting in optimum efficiency of their function to extract nutrients and dispose of unwanted waste. The result will be renewed energy levels, both physical and mental, with a general feeling of well being.