Archives

Third Party Capture is when an insurer deals directly with a claim against their policy holder, rather than the other party involved bringing in a lawyer. This allows them to compensate you with an amount that is acceptable to them.

Is this the best way?

Although Third Party Capture may seem like the fastest way to sort out your compensation claim, it’s also the most unreliable. Because you’re leaving it to the other party’s insurer to sort out your compensation claim, there is no one fighting in your corner to ensure you get the amount you deserve. If you’re not familiar with the area of injury law then you won’t have any idea to whether the amount you’re being offered is too little.
Read More

There are many ways to claim for compensation – and there is a right way and a wrong way to doing it! So here’s a little advice on the best way of claiming; and the things you need to avoid:

Dealing with the Third Party Directly

This should be avoided! The third party is the person, company, or representative of the person/company responsible for the accident. It’s advisable to get independent representation – you can never be sure that the third party has your best interests at heart. With independent representation, you know you have an expert on your side; dedicating themselves to you and your claim!

So what you need is an independent expert lawyer representing you for the case, which brings nicely to my next point:
Read More

A recent case heard at the end of 2009 has ruled that by accepting ownership of land you owe a duty of care to the visitor of the land under the Occupiers Liability Act 1957.

The case of Jonathan Harvey v Plymouth City Council (2009) concerned the Claimant (Harvey) whom sustained serious injuries after falling on the Defendant’s property and falling some 5 1/2 metres. The Claimant had been out drinking with his friends when they ran on to the Defendant’s land. The Claimant fell over some broken fencing causing him to fall down in to the car park of a Tesco’s supermarket. The Claimant was left with serious brain injuries.

The local authority argued that they did not know that the property was owned by them at the time of the accident and therefore could not have taken reasonable steps to ensure that the land was reasonably safe. It is understood that some 8 years before Mr Harveys accident the Tesco’s supermarket had licensed the land from the local authority for a period of 2 years. After the expiry of this 2 years period the local authority (the Defendant’s to this claim) did not take any steps to inspect or maintain the land (although they did mow the nearby grass verge).
Read More

And the answer is…. I don’t know! In fact, without medical evidence, no one knows exactly how much your claim could potentially be worth. We experts could give you an idea or two, but ultimately it cannot be determined without good, independent medical evidence.

So How’s it Work?

Well what us specialist personal injury lawyers always make sure to do is get you seen by an independent medical expert. A consultant specialising in medico-legal reporting is qualified to assess the full extent of your injuries. They will produce an expert report that will give us all the information we need to value the claim. We then use a combination of our extensive experience combined with some quality case law (cases with similar injuries and similar accident circumstances), and the JSB (Judicial Studies Board) guidelines in order to put some pounds on your injuries.
Read More

It’s a big phrase, I know! But what does it mean? Well actually it’s quite a common thing in claims for personal injury, and it’s sometimes a method insurers use to save themselves a bit of cash they payout to the client! But sometimes, it can be warranted; so here’s a little explanation of what it means

What it Means

By definition, this is when the defendant (the person or company responsible for the accident) accepts that they are responsible for an accident, but alleges that the claimant (the person injured – the people we fight for!) was partly to blame for the accident or for their injuries. Usually it is made through their insurers or solicitors.
Read More

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.
Read More

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.
Read More

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.
Read More

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.
Read More

The most common question asked by client’s who have suffered a personal injury is; ‘what is my claim worth?’ Everyone wants to know what their claim is worth, what they should expect to receive with regards to compensation but what many of them will not ask is; ‘how is my claim calculated?’

Clients, on occasion, will argue that their claim is worth more than is being advised because ‘Jo Blogs’ down the road received more or ‘someone’ told them it would be worth ‘X’ amount. Many clients believe that liable Defendant’s should pay out sums of money for general inconvenience caused or as an apology for causing the incident. Unfortunately, the system does not work in this manor…so how does it work? Are there rules and guidelines in place to aid when making valuations?

The answer is yes and the guidelines in place are the ‘JSB Guidelines’.
Read More