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 in these articles 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 work accident claims involving a fall from a vehicle, but with quite different consequences.  As with the other articles in this series, the common trend remains the effect on each individual’s life.  Both of my clients sustained significant injuries and suffered financial losses as a result, but only one was likely to return to his pre-accident state of fitness.  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.

CASE STUDY 1 - FALL FROM A TRAILER

Mr M (name withheld at client’s request) of Wembley contacted my firm a few weeks after his accident in June 2004.  He was employed by Aggregate Industries UK Ltd as a HGV driver and was delivering building materials to a yard in Harrow.  While unloading he was required to stand on a metal strip running along the edge of the trailer.  The metal strip was wet and this caused him to slip and fall to the ground, breaking his wrist.

A letter of claim was sent to his employer, and once their insurers had investigated the matter responsibility for the accident was admitted quite quickly, as the metal strip clearly did not provide Mr M with a safe and secure foothold.  However his injury was a serious one that did not settle as anticipated by the first medical expert, despite a course of physiotherapy funded by the insurers.  A more specialised consultant was instructed and extensive tests arranged, including nerve conduction studies and MRI scans, again funded by the insurers.  It was felt that surgery may be required, but a successful outcome could not be guaranteed.  The insurers put forward an unreasonably low settlement offer, bearing in mind Mr M’s continuing symptoms.  It was also not appropriate for the claim to be concluded until a full medical prognosis was available, and which ultimately indicated that some symptoms were likely to be permanent and which could result in Mr M being at a disadvantage on the open labour market.  It took a considerable time to gather all the medical evidence and the 3^rd anniversary of the accident was fast approaching.  Therefore Court proceedings were issued, even though it was only the value of the claim that was in dispute.

Once the Court becomes involved in a personal injury claim a strict timetable is set, and both parties are required to take certain steps (including exchanging relevant documents and witness statements) with the aim of disclosing all the evidence that they intend to rely on at a trial.  This timetable was followed and a trial date was arranged, and at that stage the employer’s insurers indicated a willingness to consider possible settlement terms.  An improved offer was put forward, but this was still insufficient for the level of injury suffered and a counter offer was therefore made.  This was based on what Mr M would likely be awarded by a Judge at the trial, and was accepted.  Therefore approximately 3½ years after the accident it was possible to reach a settlement of the claim, with Mr M receiving £9,000 for his injury and £2,500 for his financial losses (mainly comprising travelling expenses, care costs and interest).

CASE STUDY 2 - FALL FROM A CAR TRANSPORTER

Mr J C Shapley of Torquay suffered an accident in January 2007 while working for Camden Fleet Solutions Ltd, and contacted my firm about 2 months later.  His job was as a fleet driver and involved delivering cars, after loading them onto his employer’s car transporter.  On the day of the accident he arrived at a site in Corby where there were 5 cars to load.  The transporter he was using was designed to secure the cars with underbody strapping, rather than by way of wheel strapping and chocks.  However, one of the cars could not be safely secured with underbody strapping and he had to improvise, but when tightening the strap it suddenly released, causing Mr Shapley to fall backwards from the second level of the transporter to the lower level.

He sustained injuries to his back and required a lengthy course of physiotherapy, which he initially had to pay for himself.  The medical expert examined him a year after the accident, by which time his symptoms were less severe but he was still in pain.  The expert felt it would take another year for Mr Shapley to recover and return to his previous state.

Upon investigating the claim, the employer’s insurers denied responsibility and refused to fund any rehabilitation treatment.  They would not accept that the transporter Mr Shapley was required to use was simply not suitable for the particular job, and that he had no choice but to do the best he could with the work equipment provided.  Progress in the claim became deadlocked and the only way forward was to issue Court proceedings.

Both parties followed the Court’s timetable and exchanged relevant documents, but before it was necessary to prepare witness evidence the employer’s insurers made a commercial offer to settle, even though their position on liability remained unchanged.  Almost 2½ years after the accident and after some negotiation an acceptable settlement was agreed (including the cost of the physiotherapy treatment).

Whether the accident circumstances are straightforward and responsibility quickly accepted, or it is a hard fought case defended all the way, if the medical position is not clear it can take years for the true value of the claim to be established.  If a settlement is agreed too early, there is a risk that the claim will be undervalued, particularly if the injury has any degree of permanence.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online. 

In this month’s second article Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors returns to consider more “READERS’ SUCCESSFUL WORK ACCIDENT CLAIMS”.

Returning to his review of successfully completed accident injury claims, Steven Hinchliffe looks at various situations experienced by readers of Truckstop News that ultimately lead to an award of personal injury compensation.

All of the accident victims mentioned in this series of articles are 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 some of the names referred to may be familiar to you.

In this article I highlight 2 different types of accident at work claims and examine the outcomes.  As with the previous articles, the common trend that emerges is the significant effect on each individual’s life.  Both of my clients sustained significant injuries and suffered financial losses as a result, including lost income.  Although using the established legal processes for making 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 stressed, the fundamental aim of all accident claims 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.

CASE STUDY 1 - ACCIDENT INVOLVING A CAR TRANSPORTER

On 21 April 2005 Mr H S Campbell of Bo’ness, West Lothian, Scotland suffered an accident at the Coventry premises of Peugeot Citroen Automobiles UK Ltd.  He was employed as a HGV driver by Whitburn Car Transport Ltd and while loading cars he was required to reverse a second hand Peugeot 307 onto a transporter so that he could park it directly above the cab.  While he was doing so the accelerator stuck, causing the car to drive off the front of the vehicle and over the stopper. Once the car hit the ground it continued to reverse, until a collision brought it to a halt.  The brakes were also faulty making it impossible for Mr Campbell to bring the car under control prior to the collision.

In September 2005 Mr Campbell contacted my firm and a letter of claim was sent to Peugeot Citroen, as the accident appeared to have been caused by defects with the car.  After investigating the matter their legal advisers eventually denied responsibility in October 2006.  It was therefore felt appropriate to send a letter of claim to Mr Campbell’s employer on the basis that they had provided him with inappropriate work equipment.  Their insurers took a considerable time to respond and felt that Peugeot Citroen should accept blame for the accident.  Just at the point when Court proceedings were being contemplated the employer’s insurers came forward with an offer and it was possible to negotiate an acceptable settlement.  The matter was further complicated as the employer went into administration during the course of the claim causing Mr Campbell to lose his job.  However, they had valid insurance cover, which was utilised to pay the agreed compensation and associated legal costs.

Mr Campbell suffered a fracture of his right shoulder blade, and injuries to his neck and lower back.  He had to take 2 months off work and was left with permanent discomfort that would likely cut short his working life.  He recovered total compensation of £55,000, comprising £8,500 for his injuries with the balance representing his financial losses, including anticipated future loss of earnings between the time he would probably have to stop working and the normal retirement age.

The circumstances of the case were not straight forward and progress was hampered by both possible defendants to the claim refusing to accept responsibility.  This introduced a significant degree of risk that Mr Campbell might not succeed in full or at all if the matter had to be decided by a Judge at trial.  This factor was taken into account when negotiating the amount of compensation recovered. 

CASE STUDY 2 - ACCIDENT INVOLVING A FORKLIFT TRUCK

Mr J Watson of Wickford in Essex contacted my firm in April 2008 following an accident earlier that month at the premises of Nuweld UK Ltd of Sheerness, Kent.  He was working as a HGV driver and during a delivery was stood at the back of his trailer.  When the doors were opened some of the load fell out of the trailer and he instinctively stepped backwards, but was unaware that a forklift truck was behind him with partially raised forks, and this caused him to fall.

A Letter of claim was initially sent to Nuweld UK Ltd, whose insurers refused to accept responsibility for the accident, suggesting that the various Regulations that employers have to follow did not apply as Mr Watson was not their employee.  Even though their understanding of the law was incorrect, to ensure the case had the best possible chance of succeeding, a letter of claim was also sent to the company who had packed the trailer.  However, Nuweld’s insurers were then persuaded to make an offer and after some negotiation an acceptable settlement was reached.  They also agreed to provide rehabilitative treatment for Mr Watson’s injuries, which comprised a displaced fracture of his left wrist that required surgery, and which resulted in disruption to his work for some time.

Similar to case study 1 above, as responsibility for the accident remained in dispute Mr Watson’s claim involved a certain degree of risk that he might not be successful at a trial.  The settlement offer was less than the full value of the claim, but it was a sum that he was prepared to accept to gain the certainty of success.  The compensation he received totalled £9,000, and comprised £6,000 for his injuries and the balance for his financial losses and out of pocket expenses incurred as a direct result of the accident.

Both of these cases highlight the fact that personal injury claims are rarely clear cut and there is a need to balance the risks involved and take a level headed view of all the circumstances. 

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online.

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.

If the injured person’s own car insurers offer to handle the claim, it is reasonable to assume that they will fight for justice on their behalf, especially as a hefty insurance premium will already have been paid.  However, you are just a commodity to them.  World wide, insurers spend billions on advertising, designed to promote the image that they care about their customers.  Nevertheless, always remember that the insurance industry is global and the ONLY interest they have is in increased profits.  People may not realise that, to assist in building a larger customer base, around 40% of each premium paid is passed on as commissions to insurance brokers.  Also, like claims companies, insurers will not be able to pursue claims themselves and instead sell them to their panel solicitors for several hundred pounds.

If a road accident caused by someone else has resulted in damage to your car and injury to you or your passengers, you will of course want redress.  You contact your insurers for the repairs to be arranged, and they will casually ask if you have been hurt.  Before you know it their panel solicitors contact you, adamant that only they can deal with your personal injury claim.  The insurers’ suggestion that to use another solicitor would mean you lose the benefit of your insurance cover is simply not true.  You can choose any solicitor to handle your case and still be protected from having to pay legal costs.

The position with regard to the guilty party’s insurers is little better.  In the same way that you reported the accident to your insurers, the other driver will have been in touch with their insurers and passed on your details.  They then contact you direct and make an immediate offer to settle your claim, before it even gets underway.  They insist they are offering a fair sum and that you will not have the bother of dealing with solicitors, ‘who everyone knows cause delay, will charge you a fortune and generally make you worse off than if you accepted their reasonable offer now’.  This process is called “third party capture”.

Third party capture has been happening for years and is likely to continue to be a tactic used by insurers until the practice is regulated.  The aim is to limit the amount of money paid out by the insurers thereby increasing their profit, and the injured person’s welfare is simply not a consideration.  Offers of around £1,000 may be made and if accepted a settlement form must usually be signed, which seemingly prevents any further claim should the injury not settle quickly.  However, this would not actually be an enforceable agreement.

Even when a claim has already commenced, insurers (including household names) continue to try and tempt the injured person to settle direct with them, and almost always on the basis of an under valuation of the true claim.

Very few personal injury claims have a full valuation of £1,000.  For example, a modest whiplash injury where symptoms have resolved within 6 months could justify compensation closer to £2,000.  In addition financial losses must be calculated, for example lost income for time away from work due to the accident and which could run into several hundred pounds.  It is simply not possible to assess the full value of a claim straight after the accident.  It is not until all the medical consequences have materialised and full financial losses investigated that it is safe to consider a settlement offer.  There are many cases where people have suffered with long term injuries resulting from what initially appeared to be a minor accident, and their claims have resulted in compensation awards of £50,000 plus.

Therefore, always be wary of accepting the first offer made by insurers.  Their first duty is to make a profit for their shareholders and the cheaper they can buy off a claim, the more profit is generated.  It is always better to seek legal advice if there is any doubt about what to do after an accident.

To see Steven Hinchliffe’s talk about the claims process follow this link to YouTube:

http://www.youtube.com/watch?v=f_lB22sOkUk

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online.

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.

CASE STUDY 1 - WORK ACCIDENT CLAIM

On 3 November 2006 Mr M (name withheld at client’s request) of Grays, Essex arrived at Shell UK’s Haven Refinery in Stanford-Le-Hope with a tanker to collect a load of bitumen.  However, before leaving the site the tanker was weighed and found to be significantly overweight, and therefore some of the load needed to be removed.  In the unloading process it became apparent that there was a problem with the valves and as Mr M removed the pipe from the tanker a quantity of bitumen was sprayed beneath his protective visor onto his face, neck and forearm.

He suffered burns due to the heat of the bitumen, but fortunately these healed during the course of the following few weeks, but he was left with scars, which the medical expert felt would take a couple of years to reduce.

Mr M contacted my firm at the end of January 2007 and in early February a letter of claim was sent to Shell UK.  Their insurers quickly acknowledged receipt, but after investigating the matter denied responsibility for the accident on the basis that there was an indemnity arrangement with an associated company, Nynas UK, for this type of situation.  They argued that the claim should therefore be made against Nynas, however as Mr M had no actual relationship with that company his only option was to make the claim against Shell and leave it for them to counter-claim against Nynas for their losses.  Shell’s insurers refused to accept this position and it proved necessary to issue formal Court proceedings.  This step was taken in August 2007 and the matter was then put in the hands of Shell’s solicitors.  Because the Court sets a timetable of steps that must be taken leading up to a trial, Shell’s solicitors were persuaded to involve Nynas in the negotiations and in November 2007 it was possible to reach a settlement on the basis that Mr M would receive the sum of £1,350, together with his legal costs.

Clearly Shell’s insurers did not want to face the prospect of a contested trial and by involving the Court in the claim it was possible to bring matters to a satisfactory conclusion.    

CASE STUDY 2 - ROAD ACCIDENT CLAIM

This claim arose from an accident suffered by Mr R E Iddon of Chorley, Lancs on 30 October 2007.  While driving along the A47 between Peterborough and Wisbech, the vehicle in front of him performed an emergency stop.  Mr Iddon managed to break in time, but was struck from behind by another vehicle being driven by an employee of Armoric Freight International Ltd.

About a week later Mr Iddon got in touch with my firm as he was suffering whiplash symptoms to his neck and shoulders.  On 6 December 2007 a letter of claim was sent to the company rather than the driver, as they are held responsible for the actions of their employees during the normal course of their work.  Within a few weeks the company’s insurers confirmed they would settle the claim and offered to pay for physiotherapy treatment to aid Mr Iddon’s recovery.

It took a while to find an appropriate medical expert to examine my client, but when a report was prepared in May 2008 it was noted that the neck injury initially affected both his shoulders, but it was only his left shoulder that was now causing him pain and discomfort.  However, the accident had made him nervous of driving, and he had decided to change his work from long distance driving to less demanding short haul journeys.  It was felt that with a course of physiotherapy his physical symptoms would resolve within a few months, and his nervousness should ease over the course of the year.

The medical report was sent to the company’s insurers and just over a week later terms for settlement of the claim were agreed.  Mr Iddon received £3,100 for his injuries and the effects of the accident, together with £401.22 for his financial losses (including the costs associated with the physiotherapy treatment).

Once the insurers had accepted the company’s responsibilities, they worked with my firm to resolve the claim as quickly as possible.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online.

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 various situations experienced by readers of Truckstop News that ultimately lead to an award of personal injury compensation.

All of the accident victims mentioned in this series of articles are 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 some of the names referred to may be familiar to you.

In this article I highlight 2 similar work accident claims and compare the different outcomes.  As with the previous articles, the common trend that emerges is the significant effect on each individual’s life.  Both of my clients suffered injuries (with varying degrees of seriousness) and lost income as a result, and also had to incur expenses (eg in attending medical appointments) that they would not otherwise have had to pay.  Although using the established legal processes for making 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 stressed, the fundamental aim of all accident claims 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.

CASE STUDY 1 - DRIVER STRUCK BY LOAD

On 26 March 2007 Mr P W Stevens of Motherwell in Lanarkshire was making a delivery to a company in Laindon while working as a truck driver for ARR Craib Transport Ltd.  He was delivering large heavy rolls of paper, and on arrival had to open the trailer curtains and get up on the back of the trailer, so that he could remove the chocks holding the paper rolls in place to enable a fork lift truck driver to unload them.  Unfortunately, while doing so the paper rolled forward uncontrollably and as he could not get out of the way he was pinned by the weight, and was only released when the FLT driver managed to move the paper out of the way.

Mr Stevens was following a procedure laid down by his employer; however the procedure was inherently unsafe and was only changed after the accident occurred.  If a safe system of work had already been in place it is quite clear that Mr Stevens would not have been injured.  The accident caused him to suffer crush injuries to both legs and although they were fortunately not serious injuries, they still took several months to heal and caused him to be away from work for 2 weeks.

As part of the claims process Mr Stevens had a medical examination by a consultant, and the resulting report was sent to his employer’s insurers, together with details of his financial losses.  The insurers accepted responsibility for the accident a little over 4 months after the letter of claim was sent, and within a further month Mr Stevens had received £1,710 compensation for his injuries and £940 for his financial losses (including his lost earnings).

He first contacted my firm at the end of December 2007 and his claim was settled within a fairly short time in early July 2008, as the issues involved were relatively straight forward.

CASE STUDY 2 - DRIVER STRUCK BY TRAILER ROOF SUPPORT BAR

On 7 February 2007 Mr D A Newson of Folkestone, Kent suffered an accident while employed by Eurotrama (Europe) Ltd as a truck driver.  He had been instructed to collect a trailer from Caterpillar Logistics in Desford, and was completing his usual safety checks before driving off when he noticed that the curtain on the trailer had not been closed properly.  He looked inside the trailer to see what the problem was and while he was doing so a spring loaded metal bar came loose and hit him in the face.  The bar was part of a mechanism supporting the roof, but it was defective and had not been properly fixed in position.  If there had been a system of maintenance checks, the accident could have been avoided.

Mr Newson suffered injury to his mouth and damage to his teeth.  The medical consultant instructed to prepare a report was also concerned about the blow to his head and a CT scan was arranged, but fortunately this revealed no significant internal damage.  A further examination by a dental surgeon was also required to assess the damage to his teeth.  Fortunately, once all the medical reports were obtained it was established that, despite the nature of the injuries, Mr Newson should have no major long term consequences.

This client contacted my firm a few days after the accident happened and a letter of claim was sent to his employer in early March 2007.  Their insurers admitted responsibility 5 months later, but because of the extensive medical enquiries it was not possible to consider settlement issues for some time.  However, by early summer 2008 his condition had settled and an acceptable compensation figure for both his injuries and financial losses was negotiated in July 2008.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now page to submit details of your accident compensation claim online.

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 different types of accident, and as with the other articles in this series the common trend remains the effect on each individual’s life.  Both of my clients suffered injuries, but fortunately these turned out to be relatively minor.  However, they lost income and suffered other financial losses.  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.

CASE STUDY 1 - WORK ACCIDENT CLAIM

On 14 June 2006 Mr P (name withheld at client’s request) of Leeds was working as a truck driver.  He arrived at the premises of Colgate-Palmolive (UK) Ltd in Salford and was told where to park.  He got out of his cab and started to open the curtain sides of the trailer.  In order to open them fully he had to walk round the back of the trailer, when he was struck by a fork lift truck, which knocked him to the ground.

He was taken to hospital by ambulance and was kept in overnight for observation, having sustained a blow to the left side of his head, resulting in concussion.  He also had a cut to his ear, which left a small scar.  He could not work for 10 days due to his symptoms, and when he returned he was put on light duties for 2 weeks.  Luckily he was able to make a full recovery.

Mr P contacted my firm for advice in July 2006 and after the necessary terms of business formalities were completed a letter of claim was sent to Colgate-Palmolive in the middle of August.  Their insurers then had 3 months to either admit or deny responsibility for the accident, but as often happens in cases like this, they would not confirm their decision.  A medical report was obtained from a consultant and sent to them in November, and after constant chasing they finally admitted responsibility in January 2007.  Based on the medical report we valued the claims for both his injuries and financial losses (the majority of which related to lost earnings and sick pay), and we were able to settle the case in early February.  Fortunately his injuries did not turn out to be severe (bearing in mind the damage a heavy FLT could inflict) and his total compensation amounted to £2,350.

This was a fairly typical accident at work claim that settled within 6 months of commencement.  However, the claim was not against Mr P’s employer but was directed to Colgate-Palmolive, being the occupiers of business premises where he was delivering.  Most of the health and safety duties placed on an employer also protect authorised visitors to their premises, as in this case.  Colgate-Palmolive had a duty to ensure that their staff were adequately trained and obeyed health and safety rules, including keeping pedestrian routes free of vehicles.  On this occasion their FLT driver was negligently driving far too close to the trailer, rendering the company responsible for the accident.  It is a clear example of a situation that could have been avoided if more care had been taken.

CASE STUDY 2 - ROAD ACCIDENT CLAIM

This claim resulted from an accident suffered by Mr S B Gibson of Great Yarmouth.  On 18 September 2008 he was driving his truck on the inside lane of the M54 near Telford when he was struck several times by an LDV Maxus van, whose driver had lost control of the vehicle.  Both vehicles eventually came to a halt, but the harrowing experience left Mr Gibson with injuries to his neck and back.

He contacted my firm about 3 weeks later, and on 5 November a letter of claim was sent to the van driver’s employers, Trinity Mirror Printing Ltd.  By 21 November their insurers had admitted liability and on 3 March 2009 a medical report was sent to them, together with details of Mr Gibson’s claims for financial losses (including lost income for the time he had to take off work and the replacement of a damaged satellite navigation system).  They then had sufficient information to make an offer to settle the accident compensation claim, but it was 3 weeks before they responded with an unrealistically low offer.  We advised Mr Gibson to issue Court proceedings so that a Judge could assess the amount he was entitled to, but this step proved unnecessary, as the insurers were persuaded to revise their offer.  The case was settled by the end of March for a total sum of £2,700.

In situations like this we ensure that clients have appropriate legal expenses insurance in place so that swift action can be taken as soon as it is necessary, such as issuing Court proceedings.  This gives a tactical advantage, as the van driver’s insurers knew they would lose if the matter was assessed by a Judge.  Their initial offer was made in the hope that Mr Gibson would not want to go to Court, but once they knew that this was not the case, sensible negotiations followed.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online.

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.

Most accident claims settle without the involvement of the Courts, and therefore a question often asked is “Do I need to use a solicitor?”  Phillip Roberts, an Associate Solicitor with the firm, confirms that “The objective is always to try and settle accident compensation claims out of Court, but it is important that Court proceedings are issued as soon as required, especially where there is any element of dispute, which often happens in accident at work claims.  To delay taking this action may suggest to the opponent that there is a weakness in the case, which they will readily exploit to the detriment of the injured person”.

Therefore, it is prudent to instruct an experienced solicitor who will be able to fight your case all the way and more importantly, can fight it successfully.  Your opponent’s representatives will be far more respectful of a solicitor who means what they say and puts their words into action, which must mean a better outcome for the claim.

Most people with an injury compensation claim will never actually meet their solicitor, because the majority of cases (including complex work accident claims) can be dealt with through correspondence (including post and e-mail) and on the telephone.  However, how can you develop a good working relationship with someone you have never seen?  Steven Hinchliffe’s view on this is that “It is important for a client to feel confident in the lines of communication, and their impression of the firm is initially formed during the first telephone conversation or response to a written enquiry.  If this first contact does not provide an immediate level of confidence, then the situation may not improve in the future and the client might want to look elsewhere for representation.”

Often a good way to choose accident compensation claims solicitors is to look at what their existing clients say about them.  Their website should contain testimonials from their clients, but be careful to ensure that these are genuine and from real people.  Nothing speaks louder about the solicitors’ standards and performance than the comments of people who have already used their services.

Also, check if their website contains lots of relevant information, including how long an accident at work claim might take, its potential value and what the procedure is.  If little detail is given, or it is vague and unclear, this might mirror the standard of service provided in handling your case.

Finally, Phillip Roberts warns that “A claimant also needs to be wary of the motives of insurance companies.  Their own insurers may pressure them into instructing one of their panel solicitors, without saying that the insurers will make at least £600 by selling the accident compensation claim to that solicitor.  In reality, claimants can instruct whoever they want to handle their claim, and they should not be mislead by insurers pursuing purely commercial motives”.

If you are in any doubt about how to make accident claims, discuss the matter with solicitors Steven Hinchliffe and Phillip Roberts, who can be contacted free on 0800 138 1348.  Alternatively, they will respond to enquiries made via the firm’s website www.hinchliffes.co.uk.

Author: Steven Hinchliffe, Principal of Hinchliffes Solicitors

18^th September 2009

ENDS

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online.

Every insurance company underwriting compulsory road accident claim motor insurance is obliged to be a member of the MIB and to contribute to its funding.  One out of every 20 drivers is uninsured!

The MIB must pay compensation where the negligent driver is found to be responsible for personal injury or damage to property arising from a road accident.  The MIB stands in place of the guilty party’s insurers and investigates issues of liability and valuation in the same way as in any other road accident compensation claim.

The MIB’s rules and timescales must be strictly adhered to; otherwise the road accident claim may be lost simply on a technicality.  Therefore most people prefer to instruct experienced claims solicitors to make their road accident claim.

Where the guilty party is known but is uninsured, the MIB will pay legal costs as well as road accident compensation in a successful claim.  Therefore, these claims can be handled by solicitors on a “No Win No Fee” claims basis.  Specific issues to bear in mind include:-

• - claims must usually be made within 3 years of the accident;
• - a £300 excess applies to any claims for damage to property, and which is deducted from the total amount claimed;
• - if you have comprehensive motor insurance you cannot claim for damage to your vehicle nd must instead liaise with your own insurers.

If the guilty party is not known (eg in a hit and run) a claim can still be made, but the process is much more stringent.  In particular, the MIB will only pay very limited legal costs and it is therefore not usually possible for a solicitor to work on a “No Win No Fee” claims basis.  However, if the injuries are severe it is still advisable to seek legal advice to ensure the appropriate level of road accident compensation is achieved.  Specific issues to consider in these claims include:-

• - the matter must usually be reported to the Police within 14 days of the accident;
• - a claim for road accident compensation must usually be made within 3 years of the accident, but if the claim is for damage to property only this period is reduced to 9 months;
• - a £300 excess applies to any claims for damage to property, and if you have comprehensive motor insurance you cannot claim for any damage to your vehicle;
• - if the vehicle that caused the accident cannot be identified no claim for damaged property can be made, but a claim for personal injury compensation can be pursued.

Therefore, if you have grounds to make a road accident claim but have not pursued the matter because the guilty party is either uninsured or unidentified, you may still have the ability to claim road accident compensation.

Author: Steven Hinchliffe, Principal of Hinchliffes Solicitors

18^th September 2009

ENDS

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online.

Under the Package Travel, Package Holidays and Package Tours Regulations 1992 a tour operator can be held responsible for all of the services provided as part of a package holiday.  This can include:-

• hotel accommodation - including the food provided and any facilities, such as swimming pools;
• cruises;
• air travel;
• coach or car transfers;
• excursions booked as part of the main holiday package.

The Regulations state that a “package” means:-

“The pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation -

• transport;
• accommodation;
• other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package”.

 If you booked the holiday using a credit card you will have additional protection and may also be able to direct the injury compensation claim to the credit card provider.

The Regulations relate to all package holidays, whether taken abroad or in the UK, and also offer protection to business travellers.

However, it is important to note that the standards of health and safety that apply in the UK are not always matched by the standards applied in other countries.  The criteria for success will depend on whether the local standards of health and safety are met.  If those standards are not high, a personal injury compensation claim is likely to fail.

It is also important to be aware that the Regulations do not apply to all foreign personal injury claims.  If you booked travel and accommodation separately, then any injury compensation claim would have to be pursued against the negligent party direct using the local legal system.

The same applies if you booked a local excursion to visit a place of interest and you suffered an injury because of the negligence of the day tour provider.  Only if the excursion was booked through your UK tour operator when the holiday was arranged would the Regulations be available to protect you.

Of course, if you were on a UK package holiday and for example took a spur of the moment boat trip, and suffered an injury because of the owner’s negligence, you would not have to rely on the Regulations as the owner should have their own insurance to settle any personal injury claims.

Whatever the basis of the claim for personal injury compensation, it is always prudent to take advice from experienced accident claims solicitors, who can usually offer a free, no win no fee service.

Author: Steven Hinchliffe, Principal of Hinchliffes Solicitors

18^th September 2009

ENDS

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online.

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 compleed accident claims, Steven Hinchliffe looks at various situations experienced by readers of Truckstop News that ultimately lead to an award of personal injury compensation.

All of the accident victims mentioned are 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, 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 some of the names referred to may be familiar to you.

In this article I highlight 2 very different types of accident, and as with last month’s article the common trend that emerges is the effect on each individual’s life.  They all suffered injury (with varying degrees of seriousness) and many lost income as a result, and also had to incur expenses (eg for medical treatment) that they would not otherwise have had to pay.  Although using the established legal processes for making 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 stressed, the fundamental 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.

CASE STUDY 1 - WORK ACCIDENT CLAIM

On 4 September 2004 Mr W (name withheld at client’s request) of Builth Wells, Powys was working as a truck driver.  He was opening the curtain sides of his trailer, which were very stiff, and as he pulled them they jammed.  This caused him to suffer an injury to his lower back.  Within the following 12 months he was advised that he may require an operation and at the end of September 2005 Mr W contacted my firm.  The necessary formalities were completed and at the beginning of November a letter of claim was sent to his employer.  In early February 2006 their insurers denied liability for the accident, stating that there was nothing wrong with the trailer curtain.  However, further investigation of the vehicle’s service records showed that the curtain had a history of jamming.  All employers have a duty to provide their staff with a safe system of work, but when it comes to work equipment their liability is absolute.  This means that if the equipment is defective, the law states that the employer is automatically responsible and must pay compensation for any resultant accident.

As part of the claims process Mr W was examined by a consultant, who felt that surgery should only be considered after a course of non-operative treatment.  Although the denial of liability was maintained throughout, the insurers did not really rely on this and in fact funded the rehabilitation treatment.

Mr W’s symptoms took a considerable time to settle and during the period of his recovery he had to take time off work.  His loss of earnings was included in the claim, together with a number of smaller financial claims for travelling to various medical appointments, prescription charges, etc.

In February 2007, almost 2½ years after the accident, the insurers settled the claim and Mr W recovered realistic compensation for his injury and financial losses, including his lost wages.  However, there is no doubt that if his employer had maintained the trailer curtain properly, the accident would not have happened and Mr W would not have been placed in this position.

CASE STUDY 2 - ROAD ACCIDENT CLAIM

On 7 February 2006 Mr J Miles of Stowmarket, Suffolk was carrying out his usual waste bin collection routines in Ipswich.  His lorry was parked and he had returned 2 wheelie bins to a house.  Unbeknown to him a van had mounted the footpath so it could get past the parked lorry, and when Mr Miles turned to walk back to his vehicle the van struck him.  As a result of the impact, he suffered an injury to his elbow, together with general bruising and discomfort.  He had to take a couple of days off work, and could only carry out light duties for several weeks afterwards.

In common with many of my clients Mr Miles did not consider making a claim for personal injury compensation for several months.  However, he instructed my firm and a letter of claim was sent to the van driver’s employer, whose insurers quickly replied stating that liability was denied as the van was proceeding correctly down the road.  Despite strong arguments the insurers would not budge and it was necessary to issue Court proceedings.  As with all of my firm’s clients who have to face the prospect of going to Court, Mr Miles was covered by legal expenses insurance.  This provided protection against him having to pay legal costs in the event that the Judge at a trial found that the van driver was not at fault.  I often find that people are reluctant to pursue a valid claim because of concerns about having to pay legal costs, but in practice this is rarely an issue due to the service that firms such as mine can offer.

A date for Mr Miles’ trial was set and his case was thoroughly prepared, as the insurers seemed determined to have their day in Court.  However, as frequently happens, sense prevailed and a settlement of the claim was agreed a few weeks before the trial.  Mr Miles’ injuries were relatively minor and, inclusive of his modest financial losses, he accepted compensation of £1,600, which he received in full.  My firm’s costs were paid separately by the insurers, and because of their attitude in defending the claim, the final costs were significantly higher than if an early settlement had been achieved.  If they had taken a more reasonable approach they could have saved a considerable sum, and Mr Miles need not have faced the worrying prospect of appearing in Court.

ENDS

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now  page to submit details of your accident compensation claim online.