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.

If you accept these offers they may serve to bring a quick resolution to your claim but it is worth remembering that your solicitor needs to send you to a medical appointment with an expert so as they can provide a report with which to place an accurate value on your injuries. The danger of accepting a pre-medical offer is that it will not include any treatment costs for such things as physiotherapy or MRI Scans (if your injuries are serious enough) or your financial losses – if for example you have been absent from work for a long period of time and you have not been on full pay.

Therefore the risk of accepting pre-medical offer is twofold:
1. You are unlikely to get the right amount of compensation that you deserve for your injuries,
2. You are likely to be left out of pocket as your financial losses from the accident will not be included in any settlement agreed.

This goes against the legal principle behind making an injury claim which is as far as possible you should be put back in the position you were in before the accident happened financially or otherwise.   

The lesson to be taken away from pre-medical offers is that you should not deal directly with the other side’s insurers and instead place your claim in the hands of an experienced solicitor (such as The Injury Lawyers) who will be able to negotiate the amount of compensation that your claim deserves.

According to a recent report from the BBC, a Swedish pilot was arrested by Dutch police just moments before he was to take off in a jet from Amsterdam to Turkey carrying 101 people – without a license! (source)

According to Turkey’c Corendon Airlines, the unnamed 41 year old mad has been flying for the airline for two years, and were quoted to have said the perjurious pilot “expertly misled the company with his false papers”. The man in question once had a license to fly small planes, however this was overdue, and doesn’t really  stand as much comfort for anyone to be honest either! According to the report, the man was “relieved his long deception was uncovered and tore off his pilot’s stripes in the cockpit.” He is now rightly in police custody  awaiting trial.

Scary thought really – that a man had been allowed to fly such a plane unqualified, jeopardising not only the lives of those on board, but anyone on the flight route should a crash have occurred! Safety regulations for airlines should be a massive priority! Its concerning that this incident occurred, and the airline would have been responsible for any accidents that may have occurred.

But the recent stories of air traffic gone mad don’t end there – according to a separate report from the BBC, officials in the US are investigating how a child was allowed to direct air traffic at JFK Airport last month!

Yes, that’s right – from a phoney pilot to a child directing air traffic!  According to the report, the boy was caught on audiotape directing several pilots for take off at one of the countries busiest international airports. The boy was apparently with his father, a certified air traffic controller.

The report has detailed some of the exchanges in the recording:

Boy “JetBlue 171 contact departure.”

Responding pilot: “Over to departure JetBlue 171, awesome job.”

In a second recording:

Boy: “MS 4-0-3, contact departure. Adios, amigo.”

Responding pilot “Adios, amigo.”

The incident took place on 17^th February when New York school students were on a weeks break. An adult is also alleged to have been heard saying – “That’s what you get, guys, when the kids are out of school.”

Those involved are no longer directing air traffic whilst the investigation commences. In a statement from the Federal Aviation Administration, it was stated “pending the outcome of our investigation, the employees involved in this incident are not controlling air traffic. This behaviour is not acceptable and does not demonstrate the kind of professionalism expected from all FAA employees.”

Another scary story; not just because of the gravity of these two incidents, in that unqualified individuals were permitted to take the lives of hundreds of people in to their hands, but what does it say about safety and security for the industry in the current climate where terrorism is a still significant issue! I’m certainly glad I wasn’t on any of the flights involved.

Airlines and airports put the lives of hundreds of individuals in to his hands on a daily basis – so we expect them to comply with stringent regulations. Failing in this leaves them liable for any accidents – and it’s certainly a miracle that no accidents occurred!

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.

This all seems straightforward in theory but unscrupulous insurers will often try and bypass this system by making offers to settle your child’s claim before your child has even been sent to their medical appointment.

Although it may seem acceptable if the insurer puts an offer of say £1,000.00 on the table to settle the claim, it is a real risk if you accept such an offer. The main reasons for this are that the claim will come to an end (as a judge will not be required to officially approve the compensation figure) and you will be required to sign a parental indemnity form.

The danger of this is that the form is worded in such a way that by signing it your child will be allowed to sue you when they are of full age if they believe that by accepting the offer you did not act in their best interests. Therefore it is always best to take the court route to settle the claim not matter how tempting an initial offer from the other party’s insurer is as by accepting it you may leave yourself open to causing unnecessary family troubles in later years.

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.   

If you have an accident at work that wasn’t your fault and you wish to make a claim, it is worth bearing these key duties of your employer in mind – if they have not followed them it will help Your Lawyers work to bring you the amount of compensation you deserve.

So why is this the case? Well according to the report, people are too worried about returning a faulty product through nerves, embarrassment, or fear of intimidation! The Poll from the Department for Business revealed that nearly half of those questioned had at least one faulty product at home. Low value items reportedly tend to be kept, and the highest complained about item were second-hand cars.

Personally, I have no qualms about returning a faulty product – but remarkably the results of the 3000 people spread indicated that men are losing more money than women in failing to return faulty goods! Costs for men was found to be at £89 per year on average, compared to £71 a year for women. Men apparently felt more intimidated, whilst women felt more embarrassed.

But exactly what are our rights? What are we entitled to when it comes to faulty goods we buy? Here’s a list from the BBC article from the Current UK Consumer Rules:

When a shopper buys an item it should be as described in the shop or website and of satisfactory quality

• If it is faulty, or wrongly described, the consumer has the right to a refund, replacement or repair
• However, the complaint should be made “within a reasonable time”. This generally means getting a refund if it is returned within a month
• For the first six months, the retailer must prove the product was satisfactory when bought if they turn down a replacement or repair
• For the next six months, the consumer must prove there was something wrong on purchase to get a replacement or repair

So what are the rights when a person is injured in some way from a faulty product? Well you have the right to claim for compensation if you are injured due to a faulty product, and we as specialist independent personal injury lawyers will give you the best advice on claiming, and the highest standard representation!

Just give us a call and find out where you stand today!

According to one BBC report, a man from a notorious Glasgow crime family has admitted killing a man in an act of road rage terrible road rage (source).

Twenty-eight year old Paul Lyons (28) rammed Mark Fleeman’s van on the M74 in an act of drink and drugs fuelled road rage, at a time when Lyons was serving a driving ban! Tragically, Mr Freeman suffered fatal injuries after his vehicle was overturned and taken off the road during the incident, just seconds after a desperate 999 call was made to police with the operator allegedly hearing the impact.

Reportedly he was originally charged with murder, however he has pleaded guilty to culpable homicide and attempting to defeat the ends of justice, after he fled to Spain and was picked up by Spanish Police, and accordingly extradited back to the UK. He has also admitted to injuring the passenger, 17 year old Lee Allsup, to “permanent impairment” and to dangerous driving.

Speaking after the hearing at the High Court in Glasgow, district procurator fiscal for Hamilton Jennifer Harrower said: “Paul Lyons used his van as a weapon, it may not have been a knife or a gun but nevertheless it had the same lethal consequences culminating in the death of an innocent man.”

According to the report, Lyons repeatedly attempted to purposefully collide with Mr Freeman’s van on the road at speeds of more than 70mph. People have apparently been “naturally outraged” at the incident and the circumstances of this tragic road incident. Certainly a terrible and tragic instance of road rage at its worse.

All drivers know their duty of care to other road users, and of course failing in this duty of care through negligence leaves the driver liable for and damages and suffering. This of course is an incident of purposeful violence as oppose to negligence, and has led to the tragic death of one man and the second with serious life impairing injuries.

Here’s four easy steps as to how you can claim:

1. If your accident has occurred within the last two years and your injuries have lasted at least 6 weeks you will qualify for your application to be considered by CICA.
2. You should report the accident to the Police as soon as it happens.
3. You should approach your solicitor so as they can fill in a relevant form which will then be submitted to CICA who will make enquiries with the Police and your GP.
4. If your application is successful, CICA will place a value on each of your injuries and make an award for three most serious injuries you have sustained, they award one hundred per cent of your compensation for your most serious injury, thirty per cent of their valuation for your second most serious injury and fifteen per cent for your third most serious injury.

The outcome of this is that you should expect to receive a minimum award of £1,000.00. This system is an less well-known but useful avenue for clients who could not otherwise claim to obtain compensation for the inconsiderate acts of others.

The report quotes that most stadiums consider having this type of equipment to be good practice (Referring to Hull’s performance again, I would like to think KC Stadium has got a few of these!)  – However, the conclusions from a recent study indicate that more than a quarter of a 187 grounds analysed did not have defibrillators on site; and many didn’t even have any emergency planning in place.

The Swedish study from a team of doctors have stressed that more needs to be done due to the difficulties of getting fans to hospital from the ground. Researches have called for mandatory rules to be in place to cover the issue. Reportedly, governments have already been acting on the issue; with many including the UK doing more to increase the availability of life-saving equipment in public spaces.

Defibrillators of course are handy to have – they work to restore the heartbeat by delivering a controlled electric shock through the chest, and on to the heart.

So aside form the obvious, medically speaking, what exactly do I mean in linking heart attacks to football?

Well Professor Mats Borjesson, the official medic for Swedish club GAIS and a member of the European Association of Cardiovascular Prevention and Rehabilitation, has stated “It is known that viewing and being emotionally engaged in a soccer game increases the likelihood of people suffering a heart attack so we think this should be a formal requirement.” I think this speaks for itself really! He went on to say that it is important to have the right procedures in place for such an event.

The stadiums involved have not been named – however they are reportedly in the top divisions. To bring the seriousness of this to light, the report states that last season there were 77 heart attacks at football games – one for every 589,000 spectators at these stadiums.

Perhaps lucky for us Brits, the spread of 37 English grounds involved in the study were statistically among the top performers.

Although this particular issue can not be 100% related to health and safety regulations, as with any other establishment, the ground owners of course have a duty to ensure that everything is done to prevent any person coming to harm, or suffering further due to the absence of essential life saving equipment.

But as the season continues, here’s to hoping Goodison Park has the right equipment this Sunday for Hull’s away game!

Food poisoning is caused by bacteria, toxins or viruses which have contaminated food or drink which you in turn consume.

Whilst most people will recover from symptoms within a few days, more serious strains such as salmonella can lead to hospitalisation and in worse case scenarios, death.

Symptoms will often occur within hours of you being in contact with the contaminated food source but sometimes days; even weeks can pass before the symptoms present themselves and become apparent.

The most common symptoms that you are likely to experience are:

• Diarrhoea
• Vomiting

Other symptoms may include stomach cramps, temperature and loss of appetite.

If you are suffering with food poisoning you should ensure that you drink plenty of water as you can become rapidly dehydrated which can lead to further problems in itself.

Whilst we cannot prevent food poisoning when we are dining out it is important to remember that food should be piping hot and cooked right through; re-heated foods should be reheated thoroughly and if cold products have been stored they should be done so in air tight containers or covered with cling file or foil.

Ensuring that you have good hygiene will also be beneficial as we can pick bacteria up on our hands from all surfaces – ensure that you wash your hands before every meal.

If you suspect that you have contracted food poisoning from a restaurant or other food establishment then you should report them to the local environmental health authority.

You may also be entitled to claim depending on the severity of the symptoms you have suffered. You may be able to bring a claim against the establishment where you purchased the food whether that be a supermarket or a restaurant.

If you have been severely affected and you think you may have a claim you should contact the Injury Lawyers for free, no obligation advice.

One Scottish headline to hit today’s news would lead me to say yes.

This will be a shocking and disappointing story for many of you to read but I think it is important for our blog readers to be aware of developments involving such services.

An inquiry is currently underway at Kilmarnock Sheriff Court following the death of Alison Hume. Ms Hume was killed after falling some 40 feet in to a shaft in Galston in July 2008.

Ms Humes daughter discovered her and called for the fire brigade immediately. It is understood that the accident happened in the early hours of the morning and the crews were initially hampered by darkness and mist. Visibility was reduced to only 1 metre but eventually one member of the fire crew was lowered in to the shaft to provide Ms Hume with first aid and oxygen – you’re probably thinking that this all sounds relatively normal procedure so far but you will be shocked at the events that followed…

However, the fire crew were unable to physically rescue Ms Hume from the shaft due to new health and safety polices which were in place. The fire crew were supplied with safe working at height equipment and were fully trained on their use; however this could only be used to bring up another firefighter and not a member of the public!

Instead, Ms Hume had to lay for some 6 hours in clear pain and distress until the mountain rescue experts arrived on scene. Unfortunately Ms Hume suffered a fatal heart attack as she was brought to the surface.

The senior fire officer at the scene has confirmed that it would have been possible to save Ms Hume if it wasn’t for the health and safety memo they had received only 4 months earlier in March 2008.

This inquiry is currently continuing and I shall keep you posted on the developments but I find it shocking that the people that you would rely on to rescue you in such circumstances are now being hampered by what can only be described as ‘ludicrous‘ health and safety laws.

The question we will all ask ourselves is, had Ms Hume been rescued by the fire crew would she have been saved? I am not a medical expert but there was probably a much better chance of survival should she have been rescued many hours earlier.