Archive for the 'Claims issues' Category

Published in Truckstop News August 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “HOW COMPENSATION FOR ACCIDENT RELATED INJURIES IS CALCULATED”

In this article I set out the basic procedures for working out how much money an injured person should receive to compensate them for the injuries they have suffered in an accident caused by the negligence of another person or company.  Awards of compensation made by the Courts in England and Wales are some of the lowest in Western Europe; therefore it is essential that every avenue is explored to ensure that the injured person is as fully compensated as the law permits.

Sometimes the injured person is found to be partly responsible for the accident, and in that case the amount of compensation they receive is reduced by a certain percentage to reflect their share of the blame.  For example, in a head on car accident both drivers may be held equally responsible and therefore once the full value of the injuries and the full extent of the injured person’s financial losses are established, only 50% of this would be due.  Also, if someone involved in a car accident was not wearing their seatbelt and this resulted in their injuries being more severe than would otherwise have been the case, they would lose between 15% and 25% of the full compensation, depending upon the individual circumstances.

According to the Health and Safety Executive the number of people killed at work fell to a record low between 1^st April 2009 and 31^st March 2010.  In this period 151 workers were killed which is a considerable improvement compared with the average number of deaths for the previous five years of 220 per year.

In part it is possible that the figures could be due to a decrease in commercial activity in some sectors because of the recession.  However, some improvement may well be down to the advancement of good practice in the workplace.

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.

In the personal injury compensation case of Tomasz Krysztof Kmiecic v Nadia France Isaacs decided on 12th March 2010 a householder was found not liable under statutory regulations or in negligence when a casual worker fell and sustained injury at her property.

The claimant claimed damages for personal injury after falling from a ladder while trying to repair a leaky garage roof at the defendant’s home.  The defendant prohibited the claimant from gaining access to the roof by the window in her son’s bedroom as she did not want him to walk through the house on the white carpets.  Subsequently it was decided he should use a step ladder that was in the garage, but it was too short and whilst climbing the ladder, it slipped and the claimant fell sustaining injury.

A car mechanic, who injured two of his fingers while repairing a police car, recently won around £400,000 in personal injury compensation from the Metropolitan police.  Alexander Darg had claimed in the region of £1M in compensation after lacerating himself on a knife which was stuck down the driver’s seat of the police car he was working on.

Mr Darg was hurt in 2002 at Limehouse police station in London, where he was examining an airbag fault.  His wedding ring had to be cut away and he needed a number of stitches to close the wound.  A couple of years after the accident he had to give up work after being diagnosed with “complex regional pain syndrome”.

In the recent personal injury compensation case of Osei-Antwi v. South East London & Kent Bus Co Ltd decided by the Court of Appeal in January 2010, the Court reversed an earlier decision by a judge who decided that a pedestrian was guilty of contributory negligence by standing lawfully on a pavement when she was hit by a bus which had unlawfully mounted the same pavement.

The rear of a bus, while turning a corner, mounted the pavement and hit the female pedestrian.  The judge in the lower Court found that notwithstanding the woman was standing on a designated pavement area she was very close to the road and had not kept a proper look out for the bus.

In February 2010, in the personal injury compensation claim case of Stanton v Collinson, the Court of Appeal upheld the initial trial judge’s decision that a 16 year old male front seat car passenger who had suffered serious brain damage in a road accident had not been contributory negligent, even though he had carried another passenger on his knees and neither had been wearing seat belts.  The Court of Appeal found that the trial judge was in the best situation to consider the evidence and decide whether the wearing of a seat belt would have reduced the injuries sufficiently to justify a reduction in compensation for contributory negligence.

Published in Truckstop News May 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “THE IMPACT OF THE NEW PROCESS FOR DEALING WITH ROAD ACCIDENT CLAIMS”

From 30 April 2010 there will be an entirely new process for dealing with road accident claims involving a personal injury.  This has been forced through by the Government, acting under pressure from insurance companies, and it will affect all cases where the overall value of the claim is less than £10,000.  In practice, this will include the overwhelming majority of road accident compensation claims.  However, what are the implications for you - can you be sure that your case will be properly conducted by your solicitor and that you will receive the full amount of compensation you are entitled to?

Published in Truckstop News January 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors considers “THE PITFALLS OF DEALING DIRECT WITH INSURERS IN A ROAD ACCIDENT CLAIM”

This article looks at the very beginning of road accident claims, how they are funded and the pitfalls to be aware of, particularly regarding insurance companies.  However, similar issues could apply to any type of accident compensation claim.

For many commercial entities involved in the personal injury claims business, an accident is purely a commodity to be bought and sold.  Despite the apparent lack of openness, almost all insurance companies will trade a claim for cash, potentially exploiting the injured party rather than protecting their interests.  Many insurers may soon be launching advertising campaigns to persuade the public to deal with them direct, but concealing their real motivation.

Like all injury compensation claims, a road accident claim can only be pursued by solicitors.  Adverts from claims companies on TV, on the Internet and in newspapers might suggest they will handle each case personally, but this is incorrect.  They actually sell the claim to solicitors on their appointed panel, often for a price of between £600 and £800.  The chosen solicitor will usually handle the matter on the basis that the injured person pays no legal costs, but some claims companies either charge a set amount or take a slice of the compensation once the case is successful, and which can amount to a substantial figure.  Before responding to this type of advertising, why not do some research and find a firm of specialist claims solicitors with a proven track record, and deal with them direct.

How do you select the right person to handle your accident compensation claim, particularly in respect of a work accident claim?  Personal Injury compensation claims solicitors, Hinchliffes Solicitors, give some advice.

Solicitor Steven Hinchliffe, the Principal and owner of the firm, says “Always find out if a solicitor will handle the claim and how much experience the proposed file handler has, particularly in dealing with more complicated cases such as accident at work claims.  Also consider how long the firm of solicitors or the claims company has existed, and question whether the proposed file handler is a true specialist in accident compensation claims.  Many companies and solicitors offering personal injury claims services have a mixed caseload of work in various areas of law, which can result in the client not achieving the best possible outcome.”  When making your choice, the length of time that a solicitor has been qualified is often less important than their level of expertise.