The Eggshell Skull Rule and Pre-Existing Injuries
Some people who are wanting to claim are often worried about doing so, mainly because they have concerns surrounding the injury they have suffered. The common worries are that their injury is a pre-existing one that has been or the accident has aggravated something that may not be common in every person and therefore may not be directly linked with the defendant’s negligent actions.
For example: Bob works in a factory where he works with molten metal. Another employee negligently drops something into the liquid metal causing it to splash on Bob’s lip causing a serious burn. However, it also happens to land on premalignant tissue and consequently the metal triggers the cancer making Bob seriously ill. The other employee of course could never have expected the splash to cause such an injury – so can Bob claim for compensation for the cancer that has been triggered even though the most foreseeable injury is the burn?
The answer is yes and the above circumstances come from a leading case of Smith v Leech. A principle known as the “eggshell skull rule” means that the defendant has to take the victim as he finds them. Therefore if someone has a reaction to something but that reaction is because the claimant has a pre-existing condition or is more sensitive to something, the defendant will still be held liable for the injury. This rule ensures that a defendant will not escape liability merely by relying on the claimant’s vulnerability or particular nature.
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Psychological Injury – Can you still Pursue a Claim?
Suffering from a psychological injury can be just as distressing as suffering from any physical one but claiming for psychological injury can be an incredibly difficult thing to do sometimes.
Commonly the main thing in these claims is that the injury HAS to be a recognised psychological injury; i.e. not just natural human emotions such as stress, anxiety and worry. Therefore if you are looking to proceed with this type of claim it is imperative to seek a medical diagnosis.
Secondly, another common thing is establishing whether you would be classed as a “primary” or “secondary” victim. The leading case in this area comes from something that has been in the news a lot recently and which claimed the Christmas number one this year – The Hillsborough Disaster of 1989.
Alcock v Chief Constable of South Yorkshire Police, concerned several claimants wishing to pursue a claim for psychiatric damage caused by either seeing relatives suffer in the crush or alternatively experiencing the aftermath of the disaster. The court grouped these types of claimants into the category of “secondary” victims as they were not injured or in danger of immediate injury; those that were, were classed as “primary” victims.
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Product Liability! What is it?
Have you ever bought something that wasn’t exactly up to standard? The common answer to that is most probably yes – but has the product caused injury or loss?
The consumer protection act is the law that protects consumers from the risk of illness or injury due to faulty products. This could be from a food source to any household item bought. The act protects the consumer from the products which do not meet a reasonable level of safety.
Of course, 100% level of safety cannot always be guaranteed, but has to be as safe as reasonably possible.
Some cases involving product liability can include:
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What is a No Win, No Fee agreement?
A common question when making a claim is:
“How much will I have to pay?”
Generally, the answer should be nothing! No Win, No Fee should mean exactly what it says; If you lose the claim, you don’t pay any legal fees!
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Getting Back what is Yours with Special Damages
When making a claim for compensation, there are 2 aspects which normally make up your compensation award. These are General Damages which is for your pain, suffering and loss of amenity, and Special Damages.
Special damages is any quantifiable expense that you have incurred because of the accident or injuries. The purpose is to address any economic loss and to give you back return your financial position to that which would have been had the injury not occurred.
Not many people keep receipts for every purchase (myself included) but without documented evidence, the Defendant or their representatives are unlikely to reimburse you for the loss.
What can you include as a Special Damage?
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How do I Pursue a Motorcycle Accident Claim
Any type of overtaking can always be hazardous. Anyone who proceeds to make an overtaking manoeuvre should do so with great care.
You may think it is easier for a motorcycle to overtake – However it can be more dangerous due to other road users and the fact that they simply cannot see a motorcycle or are not looking out for them properly. Drivers of all vehicles can fail to check their mirrors and surroundings properly before carrying out a manoeuvre.
Obviously as a motorcyclist you are more difficult to detect in any traffic – but other road users checking properly, and not just glancing, can avoid accidents. A common incident involving motorcyclists is that of a motorcyclist overtaking stationary traffic and a vehicle pulling out of the line of traffic to turn or to change lanes thus causing a collision.
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Claiming for a Concertina Collision aka Multiple Vehicle Accident
A concertina collision simply means that there are more than just 2 vehicles involved in the accident, and one vehicle collides with another which then shunts another vehicle, which collides with another; and so on, like a domino effect.
The most common place for this type of accident to occur is in heavy traffic. Vehicles cannot move out of the way and therefore one collision at the back can cause several more down the line of traffic if the first vehicle to be hit is forced in to the one in front.
If an accident occurs on the motorway, taking into account the speed of vehicles, the accident can be severe with many vehicles involved. If you are unlucky enough to be in the middle of one of these accidents, who is to blame?
Well, the more vehicles involved the more complicated it can be to assess who is to blame for the accident. If you have been shunted from behind and into the rear of the vehicle in front, you are likely to be an innocent party. In this circumstance, if you are injured and pursuing a claim for your injuries, you will likely receive 100% of the compensation awarded to you.
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Making a Claim for a Defective Product
If you buy a product in England / Wales, you should be covered by the Supply of Goods and Services Act that legislates that all products provided to a person must be as described, of an expected quality, fit for purpose, and should not cause you harm.
So, the huge question is – what happens if you are injured as a result of a poor product? If a product injures you due to it being defective or having some form of underlying issue, you may be covered under the act. You must prove though that the product is defective. If you are injured because a banana pops out of its skin whilst you’re peeling it, and unfortunately it hits you in the face, I’d say that’s not really a defect but an unfortunate turn of events…
However, if you buy a new toaster, you put your bread in as instructed, and it blows up, I’d say there was a potential issue. Or perhaps if you bought a new chair, sat down on it for the first time and it collapsed, there could be an underlying defect or it may not have been manufactured correctly.
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Whiplash compensation how long?
Answering this question is similar to answering “how long is a piece of string?” Unfortunately, it is impossible to say exactly how long your claim will take as every claim is, of course, different. However, there are certain time frames that apply to a whiplash claim which I will discuss further in this blog.
Under the new Road Traffic Accident Protocol, defendants have 15 working days to respond to a claim with an admission or denial of liability. This means that they basically have to come back saying that they accept fault for the accident or don’t. This new time frame speeds the process up from the old system where road traffic accidents would go through the personal injury protocol, comprising of a 21 day acknowledgement period and 3 further months for investigation.
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Bus Accident Compensation Claims Sudden Stopping
If you are injured on a bus, you may be entitled to claim for compensation for any injuries and losses sustained– dependant on the circumstances.
First things first! If there was a collision, you should have a successful claim. Ultimately there is normally always someone at fault for a collision, whether it’s the bus driver or another road user, so you normally can make a claim with relative ease as there should be someone at fault.
The big question that may well be edging off your lips is – “what if there was no collision? Can I still make a claim?” This is where it can all boil down to why you have been injured.
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