According to Lloyd Green injury solicitors, the average person tends to think of clinical negligence claims as just another type of personal injury claim, and whilst such claims are based on negligence (although see below) these cases are inherently more complex and high risk and resource for solicitors to take on on a no win no fee basis.
The standard for proving negligence in medical cases is that required to prove a professional negligence claim. In other words, the claimant will need to show that the defendant doctor or doctors failed to meet the standard required of reasonable competent doctor of the same type. If the doctor is a specialist, for example a consultant surgeon in a particular specialism, the claim will only succeed if expert and factual evidence shows, on a balance of probabilities that the defendant failed to reach that standard. Continue reading
Big changes in UK personal injury market
As the saying goes, there is always a bull market somewhere, whether times are good or bad.
In these difficult economic times, survival skills come to the fore, and perhaps this goes some way to explain the extraordinary increase in personal injury claims in the UK. It appears that the much heralded compensation culture which many believe exists in the USA has arrived in the UK. Claims are being made at an unprecedented level, perhaps as the population, generally feeling economic stress, seek to find new ways to keep money coming in for survival. Continue reading
For employees working within the construction industry, if an accident has occurred in the course of their employment, they may be able to claim for construction accident compensation. This is the financial award given to the employee who was injured in the course of their work, financed by the employer. Two forms of compensation are able to be recovered by the injured employee; these are the basic compensation award, and the compensatory award. Continue reading
In the current climate, it seems like anyone associated with personal injury, just like the banking and finance industry, is potentially under attack or scrutiny.
Unfortunately, there are some good reasons why the perception of both these industries is not positive, but the ramifications mean that the good get criticised just as much as the bad, and as with all things in life, generalisation is not helpful. In the personal injury sector :- Continue reading
What do Accident Solicitors Do?
An accident solicitor (or “personal injury solicitor” as they are also known) can help you to bring a claim for financial compensation if you have suffered an injury as a result of a third party’s negligence i.e. if the accident and your resulting injury are not your fault. Your accident solicitor will investigate your claim and if it has merit then your accident solicitor will try and negotiate a settlement with the third party’s insurance company. If a settlement cannot be agreed then they will represent you at court. Continue reading
It is very well known these days that if you are involved in a car accident that was not your fault then you could be entitled to make a claim for compensation. However, what is less well documented is that any victim of a road accident can bring a claim for compensation including: passengers, pedestrians, cyclists or motorcyclists.
If you have been the victim of a road accident then you can make a claim, either through a personal injury solicitor, a specialist road accident claim solicitor or through your insurance company if you have legal expenses insurance cover as part of your policy. Regardless of who you choose to deal with your claim, they are likely to deal with your case on a no win no fee basis, which basically means that if you lose your compensation claim following a road accident you will not have to pay your legal costs, which we all know can be quite expensive. If however your claim is successful then your legal costs will be paid by the other party or more accurately their insurance company (which is one of the reasons why road users are legally required to have insurance). Continue reading
Personal injury solicitors deal with the law of tort, which is a civil wrong. It relates to situations where one party’s negligence has unfairly caused another party to suffer loss. Tort law recognises that the innocent party is entitled to compensation for this loss and personal injury solicitors are the experts at bringing such claims.
What are the rules for bringing a claim?
There are certain rules to bringing a tort or negligence claim. The first is that the negligent party has to have owed a duty of care to the victim. This is relatively simple to establish as in most cases one party will obviously owe the other a duty of care. For example, drivers on the road owe a duty of care to each other, employers owe a duty of care to their employees, professionals such as doctors owe a duty of care to their patients and so on. Continue reading
What is Whiplash?
Whiplash is an injury to the neck following a sudden impact, usually after being hit from behind in a car accident. It can also be caused by falls or head banging. In some cases it can be very minor whilst in others in can lead to severe problems. Whiplash is an injury to the neck caused by its extension or sudden movement. Its symptoms include back, neck and shoulder pains and headaches. Sometimes the symptoms appear straight away and in other cases they become visible after a few days.
To make up for the pain and suffering following whiplash, victims are legally entitled to make claims for compensation, which will be paid for by the negligent party’s insurance company. Compensation is paid out because drivers on the road have a duty of care towards each other and whiplash injuries will normally be the outcome of a situation where one party has breached that duty. Continue reading
Accident Insurance Claims
We all know that accidents can happen anywhere. They are a fact of life and this is recognised by the law which is why those who are susceptible to being sued in the event of an accident are legally required to have insurance cover in the event of an accident claim. This includes drivers on the road, employers, owner occupiers and even professionals such as doctors, dentists and lawyers.
In order to make a claim there are three things that have to be established before an insurance company will pay compensation: Continue reading
Council clamps down on personal injury payouts
Every Local Authority in England & Wales has a range of statutory duties to ensure public safety in a number of ways. The most common types of claims, according to Waring personal injury solicitors, are against such Authorities are in relation to accidents on the roads and pavements within the Borough or County, specifically made as a result of obligations on the Local Authority under the Highways Act 1980.
All local authorities are under a duty to maintain roads and pavements which are public and the most common forms of claim are for tripping and slipping accidents as a result of uneven surfaces or due to weather conditions such as ice and snow. The Local Authority has a statutory duty to show that reasonable steps were taken to avoid such hazards.
As a result of the above, many claims are made against Local authorities each year and in line with concerns about fraud in personal injury claims having been on the rise generally, many Local authorities are now far more actively seeking to defend claims and to deal vigorously with any suspected fraud.
As an example, Caerphilly Council is reported to have refused suspected dodgy claims valued nearly £18 million in the last 6 years. This Council’s more active defence has apparently reduced the number of claims down from 1,600 in 2005 to 350 a year now and they have prosecuted 5 people for contempt of court.
Of particular interest is that apparently the Council suspect that as many as 60% of all claims are fraud and an example of this cited is a claim for 2 injuries at the same time ! One an alleged trip on a pavement and
the second a fall from a bus over half a mile away.