It is a sad fact that in previous years many people have worked in unsafe environments in buildings where they have been exposed to Asbestos. An unfortunate side effect of this is that they may succumb to the illness Mesothelioma – a lung tumour caused by exposure to asbestos. The question is can they claim and if so how?

The situation in the case of Fairchild v Glenhaven Funeral Services was exactly the same as the situation above and all the individuals claiming had contracted Mesothelioma through working for several different employers over a period of years.
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One of the blackest days in recent sporting history happened in April 1989 at Hillsborough Stadium during an FA Cup tie between Liverpool and Nottingham Forest when officers with South Yorkshire Police caused the stands where spectators were sitting to become overcrowded which in turn caused 95 people (mainly Liverpool Supporters) to be crushed to death.

One the outcomes of this was a case called Alcock v Chief Constable of South Yorkshire which was heard at the House of Lords and is relevant in dictating who is allowed to bring a claim for psychiatric illness.
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At some point in all our daily lives we deal with professionals whether it be our local doctor or solicitor. In today’s blog post I will provide a review of the case which dictates (in legal terms) the level of service you should expect from professionals.

The case is Bolam v Friern Hospital Management Committee, and the facts of it were that the Claimant (Mr Bolam) was suffering from acute depression and was undergoing electric shock treatment to treat this. The unfortunate effect of this for Mr Bolam was that it caused him to have muscle spasms which were so severe it caused his pelvis to be fractured. As a result Mr Bolam sued the hospital treating him and argued that:
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The basic legal principles as to how you can bring a claim for injuries (particularly in product liability claims) were set down in the House of Lords back in 1932 some 78 years ago. Today’s article looks back at this case and how it still is relevant today.

The case stemmed from Mrs Donoghue visiting a cafe with her friend in Paisley. Her friend bought her a ginger beer float (which is a glass of ginger beer with ice cream floating on top) importantly the contents were contained in an opaque bottle. Mrs Donoghue proceeded to take a sip from the bottle and then when her friend topped up the drink the remains of snail came out of the bottle. As a result Mrs Donoghue said the sight of it made her ill.
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Picking up on the earlier article about parental indemnity settlements, I want to draw attention to the increasing trend by the other side’s insurer to make so called “pre-medical offers,” These offers come into play at an early stage of the claim if the other side admit fault for your accident they will often put forward an offer of anything between £1,000.00 and £2,000.00 (and sometimes several offers in quick succession) to bring your claim to an end. When I first began working in personal injury law nearly three years ago I noticed that these offers were rarely made by insurers but in the last year particularly almost every insurer will make an offer of this kind if they admit liability for your claim.

The rise of this tactic by insurers is probably a result of the fact that more people are becoming aware that they can claim for compensation from accidents and so many insurers are looking to cut their losses by throwing money at your claim which may not necessarily be a fair and accurate reflection of what it is worth.
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Today’s blog entry is aimed at those readers who are parents and serves as a warning of how the responsible party’s insurers can put you at risk if your child is involved in an accident that wasn’t their fault.  To put this into some context I will provide a quick capsule review at how you can claim on behalf of your child if they are injured in an accident.

The usual way of claiming is that your solicitor will appoint you to represent your child’s interests and you will be their point of contact with the solicitor. If your child’s claim is accepted they will have a medical appointment with a consultant who then prepares a report that your solicitor sends to a barrister who will value your claim. The next step is for court proceedings to be issued so as a judge can conduct a hearing to determine the level of your child’s compensation which should then be held on trust until they are eighteen and old enough to decide how they want to spend it.
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As most people’s time at work is limited and often very busy, it is often easy to overlook the safeguards that your employer should be putting in place to maintain your welfare at work should you have an accident. What follows in today’s blog is what you should expect from your employer.

The Health and Safety at work regulations 1999 set out many of your employer’s responsibilities to you as an employee, here are some of the ways they help make your workplace safer:

• They provide that your employer must make a risk assessment to any risks to your health and safety and to make sure that such risks are identified and removed or (at the very least) the risks should be limited in affecting the safety of employees where possible. 
• Following on from this they should make you aware of these risks and how you should deal with them by having an appropriate policy in place.
• Your employer will also appoint a suitable representative who you can approach regarding any health and safety problems who you can voice your concerns to.
• Your employers should back this up by providing written documentation about any risks to you and how these are dealt with by your employer.
• Conscientious employers should provide you with health and safety training when you start work with them and also on every occasion that new potential risks arise.   

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One of the more overlooked ways to make an injury claim stems from if you have been a victim of violent crime and sustained serious injuries. On first glance it’s easy to think that such an accident would be entirely a matter for the Police, however you are entitled to bring a claim for compensation through the Criminal Injuries Compensation Authority (CICA), which is a public body set up to compensate innocent victims of crime for their injuries.  

Here’s four easy steps as to how you can claim:
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How the personal injury pre-action protocol and pre-action disclosure provide an effective resolution to your claim

Key to helping you bring your compensation claim is the personal injury pre-action protocol which is one of The Injury Lawyers main tools in bringing your claim to an effective conclusion.  The protocol was first recommended by Lord Woolf in his access to justice report of July 1996. Essentially its aim is to ensure that both parties to the claim disclose to each other the evidence relevant to your accident so as The Injury Lawyers can consider fully whether there are prospects to take your claim on.

To put the protocol into context in the progress of your claim, The Injury Lawyers will write to the responsible party informing them that they are representing you in your claim and will request in the letter that the responsible party pass the letter to their insurance company who then have 21 days to acknowledge your claim.
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Peter Kidd’s Review of Cutting Edge: Scams, Claims and Compensation Claims, broadcast on Channel Four Thursday 25 February 2010.

The latest in a long line of instalments in Channel Four’s often controversial “Cutting Edge” Series of claims saw the programme tackle the role of Personal Injury Lawyers. The programme centred on Steve Ireland a personal injury solicitor in Liverpool and his attitude towards the process of making a personal injury claim. 

The programme’s portrayal was unfortunately bias in that confirmed many of the untrue clichés regarding the Personal Injury profession. For example one of the case studies was of a child who had fractured his toe whilst playing football at school in an uneven grate. Although the narrator did not specifically state this was a spurious claim, with its accent on the fact that the child claimant was looking to spend his money on a car and new football boots it was clear that the programme was showing that potential claimants were simply interested in bringing a claim to make a quick thousand pounds – making it clear what its makers were trying to say.
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