Archive for the 'Sports accidents' 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 April 2011.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider how “YOUR ACCESS TO JUSTICE IS IN JEOPARDY”  

I was recently involved in a financial transaction and received very poor service from a high street bank.  As a result I incurred several thousand pounds of expenditure I had not bargained for.  I made a formal complaint and claimed my losses, but the bank refused to deal with the matter.  I therefore involved the Financial Services Ombudsman and although I do not know what the outcome will be, there is now an independent party considering the merits of my complaint, and if it is upheld they will require the bank to compensate me.

How is this relevant to someone wanting to make a claim for personal injury compensation?  Let me explain.  If you are injured in an accident and the party responsible refuses to pay compensation, you can put your case before a Judge at a trial (ie an independent party).  If they find in your favour they can assess the amount you should receive for your injuries and financial losses, and require your opponent to pay this, together with your legal costs.

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.

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.

A rambler who suffered injuries when walking on a rickety footbridge has won £3,000 in her accident compensation claim.  Mrs B Green was walking along a public footpath at Combe Haven Valley Nature Reserve, and as she went over a wooden bridge a section of the planking collapsed.

As a result of the accident Mrs Green suffered factures to her 2^nd and 3^rd metatarsals, cuts to her shin and bruising to her groin.

The local council defended the accident claim, stating that she should have seen the defect and stepped over it.  However, they admitted having no formal inspection regime for the bridge as it was in a rural location.

The Court of Appeal have decided that when a player suffers an injury as a result of an “assault” by another player during the game, sports clubs may now have to pay injury compensation to the victim of the “assault”.

The decision involved a match between teams playing for Redruth Rugby Football Club and Halifax Rugby Football Club that took place in 2005.  During the match one of the Redruth players thumped a Halifax team member, Andrew Gravil, and he sustained injuries to his eye socket.

At the original trial of the personal injury claim, the Court made a distinction between full-time and semi-professional players.  However, the Court of Appeal found that it was fair and just for clubs to be held responsible in this situation whether or not the participants in the match were employed by the clubs on a full-time or part-time basis.