Archive for the 'Animal attacks' Category

Published in CV Driver April 2011.

This is the fourth in a series of articles written by solicitor Steven Hinchliffe, who is the owner and Principal of the specialist Personal Injury firm HINCHLIFFES SOLICITORS.

In these articles he will consider various issues relating to the accidents commonly suffered by professional drivers and the sometimes devastating injuries they sustain.  The firm has many years of experience in handling accident claims on behalf of injured victims – not only recovering millions of pounds in compensation, but also securing medical and other rehabilitation treatment to aid their recovery and return to normal life. 

This article outlines how different companies view accident claims, and the tactics used by some to encourage injured victims to deal direct with them.

Published in Truckstop News July 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “THE IMPORTANCE OF STRONG MEDICAL EVIDENCE IN SUCCESSFUL PERSONAL INJURY CLAIMS”

What is the role of medical evidence in personal injury claims and why is it so important?  To make a successful claim for personal injury compensation, you need to prove three things.  Firstly, that someone else had a legal responsibility for your safety and welfare; secondly that they failed in their responsibilities towards you; and finally that you suffered an injury as a direct result.  No matter how serious your injuries are, you will only be able to recover accident compensation if the first and second criteria are satisfied.

A man who was unable to work for 5 months after being trampled by a herd of cows is to receive over £10,000 in personal injury compensation from the negligent landowner.

Inspector Chris Poole made his injury compensation claim for injuries including a punctured lung; 4 broken ribs and a severed artery, which he suffered when he was crushed by a herd of around 30 cattle while walking his dog on the Sussex Downs.

It is normally necessary for an injured person wishing to claim personal injury compensation to start Court proceedings in support of their claim within three years of the date of their accident.  If they do not do so the claim will usually be lost, as it will have become statute barred because of the provisions of the Limitation Acts.

However, the Court of Appeal recently decided that when Judges are exercising their discretion whether or not to waive the three year time limit, they should not automatically regard the person or company responsible for causing the accident to be prejudiced by removing their ability to use the passage of time as a defence.

The simple answer to this question is “yes”.  By way of example, a couple have recently received details of a personal injury compensation claim made against them by a midwife, after she tripped over a child’s buggy at the couple’s home when visiting their newborn twins.  She alleges that the buggy caused a tripping hazard and as a result she is claiming injury compensation for her injuries.

Occupiers of residential premises have for a long time owed a duty to ensure their home does not pose a danger to visitors.  This duty also extends to the occupiers of public and commercial buildings in respect of their visitors.

The NHS has identified another drain on resources caused by a 43% rise in the number of people being treated for dog bites.

According to NHS statistics numbers have risen to almost 3,800 victims a year. Dog bites are usually suffered by children; however there has been a 58% rise in attacks on adults, compared with only a 20% rise in attacks on children. There are also regional variations and London comes out worst with a 119% increase in hospital admissions for dog attacks on those under 18 years of age.

Personal injury claim solicitors have also noticed a rise in victims of such attacks seeking legal advice about possible injury compensation. Enquiries come not only from the general public, but also from specific work groups, in particular those in the postal industry.