Archive for the 'Claims valuation' Category

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 December 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider more “READERS’ SUCCESSFUL ACCIDENT CLAIMS”.

Continuing his review of successfully completed accident injury claims, Steven Hinchliffe looks at more situations experienced by readers of Truckstop News that resulted in an award of personal injury compensation.

All of the accident victims mentioned are actual clients of my firm, Hinchliffes Solicitors.  They have kindly given their permission for the disclosure of their details, and in particular of their real life experiences of incidents resulting in personal injury claims, and the steps taken to make a successful accident compensation claim.  All of these clients contacted my firm after seeing our details in Truckstop News – and readers may recognise some of the names referred to.

In this article I highlight 2 very different types of accident that resulted in significant injuries and as with the other articles in this series the common trend remains the effect on each individual’s life.  However, in both cases there were modest claims for financial losses and the sums recovered for the physical injuries formed the bulk of the accident compensation.  Although using the process of law to make personal injury claims as a means of redress cannot truly compensate for the trauma and inconvenience suffered, it can assist in requiring the guilty party to provide medical treatment and rehabilitation, in addition to financial relief by way of awards of compensation.  As previously indicated, the basic aim of an accident claim is to try and return the injured party to the position that he or she would otherwise have been in had the accident not happened.

Some basic elements need to exist for a successful accident compensation claim to be made.  The most common types of accident claims are a road accident claim or an accident at work claim.

To succeed in an accident compensation claim, the accident must have happened because someone was at fault and the victim suffered an injury.  The other party must have been aware that their actions (or lack of action) could cause injury, and which is commonly the situation when they are either another road user or an employer.

Valuing personal injury claims depends on the accident victim’s individual circumstances.  An injury compensation claim comprises:-

(1)  GENERAL DAMAGES for the pain and suffering caused by the injury and any treatment

(2)  SPECIAL DAMAGES to reimburse financial losses incurred or expenses paid

Claims solicitors aim to recover full compensation for their clients and can normally offer a free service.

It is important to remember that to receive personal injury compensation the accident victim’s opponent must be found to be either partly or fully responsible for the accident and injury.  There will always be situations where no-one is at fault, when no compensation will be awarded.

Published in Truckstop News June 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “INJURIES COMMONLY SUFFERED BY TRUCKERS IN WORK ACCIDENTS”.

This article considers the types of injuries commonly suffered by truckers every day, while at work.  Highlighting particular accident situations and their consequences may help to increase awareness of the dangers they face.

An accident can happen at any time while at work.  This may be on the road driving from one depot to another, during the loading or unloading process, or even when simply walking around a company’s premises waiting for instructions or for a vehicle to be made ready. 

Published in Truckstop News  – January 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “REHABILITATION TREATMENT FOLLOWING AN ACCIDENT”.

Accident compensation cannot fully recompense an injured person for their pain and suffering or for all their losses.  The use of rehabilitation is therefore becoming more common during Personal Injury claims.  One of the main purposes of rehabilitation is to try and return the injured person to as productive and independent a lifestyle as possible by means of medical, functional and vocational intervention.

The 2007 Rehabilitation Code aims to “promote the use of rehabilitation and early intervention in the compensation process so that the injured person makes the best and quickest possible medical, social and psychological recovery”, and applies to all claims, irrespective of the severity of the injuries suffered.

Published in Truckstop News – September 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors provides details of “FINANCIAL LOSSES THAT CAN BE CLAIMED, INCLUDING PAST AND FUTURE LOSS OF INCOME”.

If you have been injured in an accident that was not your fault, or you have contracted a qualifying industrial disease, you may well be in a position to make a personal injury claim, to include compensation not only for your injuries or medical condition (known as General Damages), but also for any financial losses or expenditure directly related to the accident or disease (known as Special Damages).