What procedure would you follow when dealing with an accident?

Being involved in an accident can be a stressful and confusing time and therefore many people often are left at a loss as to what to do next in relation to making a claim for compensation. This should not be the case as the Civil Procedure Rules (the legal rules that govern civil claims) are in place to ensure making a claim is as simple as possible.
Read More

Motorway concertina collision claims advice

Concertina collisions are more commonly known as “pile ups”. They involve more than 2 vehicles which have been shunted into one another.

When this happens on a motorway it can be a very serious, frightening and dangerous type of road traffic accident!

Usually, the innocent parties in this type of accident are stationary in traffic and the “at fault party” is the driver that notices the stationary traffic in front of them too late and impacts with the rear vehicle, who then shunts into the vehicle in front of them and so on and so on…
Read More

Hit in the rear car accident – UK Case Law

Being hit in the rear by another vehicle is seen as a pretty straight forward type of accident, and usually it is. After all, how can you control what the person behind you is doing?

Under Rule 126 of the Highway Code you must:

“Drive at a speed which will allow you to stop well within the distance you can see to be clear: You should leave enough space between you and the vehicle in front so that you can pull up safely if it suddenly slows down and stops”

Read More

If I make a whiplash claim, do I need to go to Physio?

A whiplash injury is caused when you experience a sudden jolt or movement in your neck and it causes the soft tissue in the neck to be stretched and strained. Although whiplash does normally just affect the neck area, it can also cause great pain and discomfort in the shoulders and back.

Physiotherapy treatment is the most common rehabilitation treatment for this type of injury and is usually recommended by your GP if your symptoms are persistent as taking painkillers long term is not an effective way of treating a whiplash injury. However, in many cases, a course of painkillers will be sufficient for minor whiplash injuries and will see the client through until they have recovered. Therefore not all clients will need a course of physiotherapy.
Read More

Accident Claims for No Road Markings

Now, this may seem bizarre, but there has been an increase in the road traffic accidents which are caused by either no road markings or faded road markings.

The maintenance of the roads and road markings are usually the responsible of the local highways authority and therefore an accident caused by lack of or insufficient road markings would normally be directed to them.

Under the Road Traffic Act 1988 the road must be reasonably safe to its users. If the road markings, or lack thereof, has caused an accident then the highway authority has not carried out its duty to the proper standard. The Highway authority must institute a proper system of inspection and maintenance of the carriageway and ensure there are sufficient warning signs or other items to warn the public and road users about the hazard caused by the defective carriageway.
Read More

Passenger of a Vehicle Driven by a Drunk Driver

Being a passenger in a vehicle that is being driven by a person who has been drinking does not mean that you can’t make a claim for personal injury if the trip ends in an accident.

In general, as a passenger in any vehicle which has been involved in an accident, you are an “innocent party” in the accident in that you were not driving either vehicle and therefore cannot be held in any way responsible for the accident. Unless you did something daft like pull on the handbrake or purposefully make the driver have an accident.

However, in circumstances where you have got into a vehicle, knowing the driver of the vehicle is under the influence of alcohol, you can be held contributory negligent (partly responsible) for any injuries you sustained as a result. It is seen that you have knowingly put yourself at risk and therefore should be in some way responsible for the injuries which have been sustained.
Read More

Claiming Compensation Against an Employer

Accidents at work can be extremely serious- especially if you work with dangerous equipment. Injuries can be extremely debilitating and can even affect future employment opportunities. Although many people know they are entitled to compensation and may be in desperate need of it to cover loss of earnings, medical expenses and other such losses, many are hesitant to claim against their employer.

However, employers know that, unfortunately, accidents are a part of life and although all steps can be taken to avoid them, it is sometimes unrealistic to think that one is never going to happen. For this reason, employers are obliged to have Employer’s Liability Insurance under The Employers’ Liability (Compulsory Insurance) Act 1969 and they can be fined if they are not found to have a valid policy in place – (this is different to Public Liability Insurance which is sometimes optional).

This ensures that, if an employee is injured in the workplace, the employer will be able to meet the claim for compensation should they be eligible to make one. Usually, this means that the claim is between us and their insurance – for example the majority of the time the employer will receive the letter of claim (this is the first letter that is sent from us detailing the claim) and pass it straight across to the insurance and then it is them that we will correspond with- not your actual employer.
Read More

Special Damages – Personal Injury

Your claim for compensation will consist of two types of damages. General damages are the part which covers the compensation for your actual injuries, pain, suffering and loss of amenity. Special damages are things that you have had to pay for as a result of the accident. These are recovered as part of your claim.

There are lots and lots of things that clients can claim for, with the most common losses incurred as a result of an accident being:

• Loss of Earnings
• Travel Expenses
• Medication Expenses
• Care & Assistance

Read More

Health and Safety Regulations Cut

The Government have recently advised that in April 2013 routine health and safety inspections are no longer to continue on business premises that are considered to be of low risks. This new suggestion is part of the Government’s plans to remove or change more than 3,000 of the current health and safety regulations.

In the reformed plans, businesses that are deemed as high risk such as construction sites and food productions, or businesses that have a poor track record, will still be inspected for the purposes of health and safety. It has been said that establishments such as pubs, clubs, shops and offices are no longer to be subject to the inspections.

The new plans have been backed by the business minister Vince Cable stating that the reforms to health and safety will allow businesses to focus on creating jobs and wealth rather than “being tied up in necessary red tap”.
Read More

Ban on Advertising of Plastic Surgery to Minors

Cosmetic surgery is becoming increasingly popular with youth today due to the ‘need’ to look good and therefore there has been a noticeable rise of claims resulting from cosmetic surgery.

The issue of cosmetic surgery has been in the media this week with the British Association of Aesthetic Plastic Surgeons calling for a ban on advertisement for cosmetic surgery to those under the age of 18. The British Association of Aesthetic Plastic Surgeons want to prevent celebrities advertising the surgery who may be idolised by youth and to prevent all special offers on surgery as a way of protecting the vulnerable and discouraging people with the full process. 

The Government has taken real note of the British Association of Aesthetic Plastic Surgeons request and has announced that the Department for Health will be reviewing the regulations concerning cosmetic surgery. Already there have been twelve recommendations which have been sent to advertising regulator, the Committee of Advertising Practice, to consider.
Read More