April 1^st 2013 saw the biggest shake up in the personal injury compensation claiming world ever. Some of changes affect clients directly, and we are not too happy with them, but others we are more than happy with.

The banning of referral fees was one of the highlights of the reforms we think! No longer can claims be sold for profit by claims management companies (CMC’s), insurers, garages, and all sorts of companies. People would search the net, see a company advertising No Win, No Fee services, likely not realise it’s not a law firm, and instruct them to deal with the case. They would then pass the claim to a lawyer for up to £1,000 – money that comes straight from the budget for running your claim; leading to poor levels of service and under settled claims.

So what are the new changes? Well according to updates from the government, the rules which came into force on the 8th of July mean that:
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Highways agencies and local authorities have a duty to maintain highways. Slips, trips and falls on defective highways, streets, roads and pathways are very common.

Common defects can include potholes, cracked or broken paving slabs, missing manhole covers, uneven ground and no barriers or rails found on public walkways and stairs.

The Highways Act 1980 is the act for governing and maintaining the highways. Under S41 of the 1980 Act, the local authority have a duty to maintain the highways, and that duty ‘is to ensure as reasonably practicable’ that the public will have a safe passage along the highway.
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It is common for accidents to occur on roundabouts, but it is sometimes difficult to determine who is at fault. Accidents can occur on roundabouts due to drivers failing to look properly when approaching traffic, speeding, failing to get into the correct lane or by sudden braking.

The Highway Code can be used as a guide to help see who is liable for a roundabout accident, as it sets out the ‘rules of the road‘.

The Highway Code (184 – 187) sets out how to approach and drive on a roundabout, and also gives a warning to drivers as to what to be aware of.

According to the Highway Code, when approaching a roundabout, a driver should be travelling at slow speed, checking all road markings and must be aware of all other road users.
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Damages are compensation to be paid to a claimant for a personal injury, which they have suffered, resulting in some form of loss. The aim of damages is to try and put the person back into the position they were in before the accident occurred.

There are two types of damages which can be awarded – general damages and special damages. General damages are commonly defined as damages which are awarded for pain, suffering and loss of amenity. Special damages are damages related to expenses and losses on your part.

Special damages are not simply awarded, they need to be evidenced and claimed for and the court may assess the figure to be awarded. All aspects of the injuries impact on the claimant’s daily life are to be considered.
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A Concertina Collision is defined as ‘a collision in which vehicle after vehicle hits the one ahead in a sequence of events, triggered by the first car crash‘. Basically, to summarise a concertina collision is an accident involving 3 more or cars, with the first car bumping into the second and forcing it into the one in front, and so on, with a domino type effect.  The collisions often happen very quickly and those driving towards the accident are often unable to slow down in time to avoid further collisions.

Concertina collisions are common in heavy traffic, with someone causing an accident at the back of the traffic, which radiates down the line of traffic. Obviously, if a concertina collision occurred on a motorway, it could be much more serious, as drivers would be unable to stop due to the high speed they were driving at.

Common injuries arising from Concertina Collisions are whiplash and back injuries – which can often be made worse if there are several impacts.
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When supplying products to consumers, the products must always be safe. It is the responsibility of producers, manufacturers, shops and wholesalers to ensure the safety of the product they are selling. Injury may occur when a product is sold in a defective manner, or have been sold to the consumer without adequate instruction and warning.

Under the Supply of goods and Services Act 1982, all products which are sold must be safe. Manufacturers or sellers of the product must ensure that they:
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Pre-Action Protocol for low value injury claims from road traffic accidents was brought in on the 30^th April 2010. The Pre-Action Protocol applies to all low value injury claims, which will bring around £1,000 to £10,000.  All general damages will be considered with regards to any pain, suffering and loss of amenity, but the protocol is not to be used if the damages awarded are going to be over £10,000.

The Protocol sets out what is expected of claimants and defendants at the start of proceedings where damages are being claimed because of a personal injury sustained from a road traffic accident. The premise of the Pre–Action Protocol being introduced is that it will encourage more contact between parties, with information being fully exchanged between them.

The introduction of the Protocol was also designed to allow claims to be run more efficiently, as cases are encouraged to settle earlier and therefore to be dealt with in a more efficient and quick manner. A reason being for this is that it allows for early notification of any road traffic accidents, and allows the insurer and defendant to be notified early on that a claim is being brought against them.
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Whiplash is in an injury to the neck which has normally been caused by a sudden movement. That forceful and sudden movement caused damage to the tendons and ligaments within the neck, resulting in potentially severe pain and discomfort.

Whiplash normally takes 6-12 hours to develop and takes time to become evident. The symptoms suffered usually worsen after the incident and they may continue to get worse for several days or weeks. Whiplash is normally a short–lived condition, and it is uncommon that the symptoms would last longer than 6 months.

Chronic whiplash is often used as a term when whiplash is suffered for a period of 6 months or more; even spanning over years. Chronic whiplash can be a cause of severe pain and may require a course of painkillers or even physiotherapy.
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A bit of a niche area of law this one – can you make a claim for compensation if you fall because of loose and wobbly steps or paving slabs? Falling at the hands of a wobbly surface is fairly easy to do – no one expects the ground to suddenly move beneath them; unless you’re in a fun house…

There are two common types of claims where this could occur. Let’s look at them both:

In the Street / Public Grounds – Highways Act

If you fall due to a wobbly step or paving slab whilst out and about on public land, in the high street for example, the claim will typically be pursued against the authority who has responsibility for the area. This will normally be the local highways authority or the local council.
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To put it simply a claim would be made under the Athens Convention if you sustained injury through an accident which was not your fault, whilst onboard a ship at sea. In some instances a claim may be brought under a different law or regulation such as via The Package Travel Regulations 1992. It is essential that you seek legal advice as soon as possible so that your Solicitor can advise you as to your best course of action.

The Athens Convention declares a carrier liable for damage or loss suffered by a passenger – if the accident which caused the damage occurred in the course of the carriage and was due to the fault or negligence of the carrier. A carrier can limit his or her liability unless the carrier acted with intent to cause such damage or acted recklessly and with knowledge that such damage would probably result.

The injury could be caused due to the negligence of the captain. Injury could also be caused as a result of slipping on wet decking, for example.
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