Couple compensated for distress and trauma

A couple received 50 times more than initially offered for the trauma they suffered when a car wrecked their home of more than 45 years.

The accident occurred on 26 February 2007 when the defendant was driving through the village that 'Mr & Mrs Smith' live in. He lost control of his car and collided with their home, causing extensive damage.

The damage to the Smith's cottage was such that they had to move out for nine months while reinstatement works were carried out.

They initially stayed with their family, and then rented a holiday let before moving into a mobile home at their property while the building work went on around them.

Mr. & Mrs Smith's claim for repairs to their home was dealt with through their home insurance policy. They were advised, however, that there was no provision for compensation for the distress and inconvenience that they had experienced.

The couple contacted comercrawley and we advised them that they could pursue a claim against the driver's insurers, both for the distress and inconvenience and any other claim such as compensation for personal injury.

While Mrs Smith was not at home when the accident happened, Mr Smith was trapped in the house for about an hour after the collision, initially not knowing what had happened. While he was fortunate to escape physical injury, it became apparent afterwards that he was suffering quite severely from the psychological effects associated with the trauma.

These effects were noticed more by Mr Smith's family as he found it difficult to acknowledge the symptoms that he was suffering from, which included anxiety, lack of confidence and patience, difficulty in sleeping, becoming very emotional and tearful, and mood swings. He also become over anxious about a similar incident re-occurring and his family members being injured as a result.

Through pursuing a personal injury claim, Mr Smith benefited from expert advice from a consultant psychiatrist who diagnosed that he was suffering from a moderate to severe depressive disorder, and advised a course of treatment that included psychological therapy and medication.

We arranged for the insurance company to pay for the treatment, following which Mr Smith returned more or less back to normal. Following the treatment we negotiated a settlement of Mr Smith's personal injury claim that he was extremely pleased with.

The Smiths' claim for compensation for distress and inconvenience was initially rejected by the insurers, who initially merely offered the sum of £100 by way of a 'goodwill gesture'. The claim was eventually settled for a figure 50 times higher than that initial offer.

Mr & Mrs Smith have been extremely pleased with the outcome of their claims. Not only have they achieved good levels of compensation, but Mr. Smith has also received the treatment he needed to help him recover from the effects of the accident. It has been a pleasure dealing with Mr & Mrs Smith, and extremely satisfying to achieve such a positive outcome and to help them put the event behind them.

comercrawley

the personal injury lawyers

Your questions answered ……

Question:  I recently had an accident and was injured when I came off my motorbike after it hit a pothole on the road. Can you please advise me about making a claim for compensation.

Answer:  The starting point in terms of advising you is to establish whether the pothole was on land which is publicly or privately owned (or, more specifically, maintained). 

Most pothole claims arise from accidents that occur on public roads and in such cases the claim is normally made to the local authority who are responsible for maintaining the road at public expense. 

The first thing that will need to be proven is that the size of the pothole (and most importantly its depth) was such that it constituted a hazard that should have been repaired.  Photographs and measurements of the pothole are therefore important.

The next stage effectively involves proving that the council were either aware of the hazard or should have been aware of the hazard through their system of carrying out regular inspections of the highway.  Thereafter the council should act within a reasonable timescale in terms of arranging for the repairs to the highway to be carried out.  Councils keep records relating to the inspection and maintenance of the highway as well as records of complaints about the condition of the highway.

Every case however is decided on its own individual facts and other relevant considerations include where the pothole was and whether there had been any previous accidents or complaints.

If however the accident occurred on private land, then the claim will instead be made to the individual or organisation who owns or is responsible for maintaining the land.  The law is different to highway claims but, in general terms, such claims can often be easier to prove as a private landowner would be expected to inspect the area more often and can also act sooner in terms of arranging for a pothole to be repaired (or sectioned off) once it has started to form.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss Norfolk, IP22 4HZ.

comercrawley

the personal injury lawyers

Your questions answered ……

Question:  I recently had an accident and was injured when I came off my motorbike after it hit a pothole on the road. Can you please advise me about making a claim for compensation.

Answer:  The starting point in terms of advising you is to establish whether the pothole was on land which is publicly or privately owned (or, more specifically, maintained). 

Most pothole claims arise from accidents that occur on public roads and in such cases the claim is normally made to the local authority who are responsible for maintaining the road at public expense. 

The first thing that will need to be proven is that the size of the pothole (and most importantly its depth) was such that it constituted a hazard that should have beenrepaired.  Photographs and measurements of the pothole are therefore important.

The next stage effectively involves proving that the council were either aware of thehazard or should have been aware of the hazard through their system of carrying out regular inspections of the highway.  Thereafter the council should act within a reasonable timescale in terms of arranging for the repairs to the highway to be carried out.  Councils keep records relating to the inspection and maintenance of the highway as well as records of complaints about the condition of the highway.

Every case however is decided on its own individual facts and other relevant considerations include where the pothole was and whether there had been any previousaccidents or complaints.

If however the accident occurred on private land, then the claim will instead be made to the individual or organisation who owns or is responsible for maintaining the land.  The law is different to highway claims but, in general terms, such claims can often be easier to prove as a private landowner would be expected to inspect the area more often and can also act sooner in terms of arranging for a pothole to be repaired (or sectioned off) once it has started to form.

If you have a question for our legal advice team you can submit it by email:enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss Norfolk, IP22 4HZ.

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I recently injured my back as a result of lifting something heavy at work.  Please can you advise me about pursuing a claim for compensation?

Answer:  To successfully pursue a claim for compensation you will need to prove that your back injury was caused by your employer’s negligence or breach of statutory duty.

The Manual Handling Operations Regulations 1992 place a number of duties upon an employer.  The primary duty is for employers, so far as is reasonably practicable, to avoid the need for employees to undertake any manual handling operations (which is defined as any transporting or supporting of a load by hand or by bodily force).  Where this can’t be avoided, the employer is then under a duty to carry out a risk assessment in respect of that task and to take appropriate steps to reduce the risk of injury.  The employer must also provide the employee with certain information concerning the task and to provide appropriate training.  Where there is a breach of the Regulations which causes an injury, this gives rise to a civil claim for compensation.

There is also potential liability under the common law duty of care which employers owe to their employees in negligence which includes a duty to provide safe equipment and a safe system of work.

The issues will therefore be firstly whether your employer should have provided equipment to prevent you from having to lift the item by hand.  Thereafter, it will be a question of investigating whether your employer carried out a sufficient risk assessment in respect of the task and provided you with sufficient information and training.  The relevant factors will include the size and weight of the load, your gender, height and general build, and how the item needed to be lifted.  

It will be necessary to obtain medical evidence to prove that your back injury has been caused by lifting the item.  This will involve seeing a medical expert (often a Consultant Orthopaedic Surgeon).  The expert will consider, amongst other things, the nature of the injury and whether there is anything in your past or present medical history which may be relevant to the injury (this is often the case with back injuries as people sometimes have a pre-existing condition).  Where this is the case, it will tend to not prevent compensation being claimed but instead may limit the value of the injury claim.

Finally, it is worthwhile mentioning that your employer is likely to be insured in respect of any claim that you pursue, through their employer’s liability insurance policy. 

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.

I was 'filtering' when the accident happened - will this affect my claim?

It depends. The Highway Code specifically recognises filtering now, but it is still perceived by the Courts as a hazardous manoeuvre which carries a risk of accident – particularly if there are junctions in the vicinity. 

For this reason, if an accident occurs while you are filtering, there will almost always be a deduction to reflect this - although each case is different. 

Injuries to Children

Many parents will be unaware that they can make a personal injury compensation claim on behalf of their child aged under 18 years.

If your child is injured due to someone else's negligence, you can make a claim on their behalf by acting as a 'litigation friend' (an independent person not involved in the incident).

However, if you are involved in the incident - for example a car crash in which you are driving and your child is injured - while you cannot claim on their behalf, another litigation friend could do so.

Give us a call on 01379 644311 for more information.

Injured on Bus....

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I was recently injured whilst travelling on a bus.  I gather that the bus driver turned a corner too quickly with the result that I was thrown from my seat and injured my shoulder.  Can I claim compensation?

Answer:  Yes, a compensation claim can be pursued if it can be proved that the reason for you being injured was due to the negligence of the bus driver.  A bus driver owes a legal duty of care to passengers on the bus to ensure that they a not exposed to a foreseeable risk of injury.  It can be argued that by failing to drive at the appropriate speed and to turn the steering wheel appropriately, the bus driver caused for passengers on the bus to be at risk of suffering an injury.  The risk of injury can be said to be foreseeable particularly taking into account the fact that passengers will not be wearing a seat belt.

The bus company will be legally liable for the bus driver’s negligence as he or she was acting within the course of his or her employment.  The claim will normally be covered by the bus company’s motor insurance policy.

You can claim compensation in the normal way, both for your shoulder injury and for any financial losses and expenses that you have suffered as a result.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.

Slipped On Fruit.....

comercrawley

the personal injury lawyers

Your questions answered ……

Question:  I recently had an accident whilst shopping in a supermarket.  I slipped on a piece of fruit that was on the floor in one of the aisles and fell hurting my back.  The staff at the supermarket were very kind at the time and I have since received some flowers and vouchers from the supermarket.  I am concerned however as my back is still bad.  Could I make a claim for compensation?

Answer:  You may have a claim for compensation against the supermarket.  To succeed with a claim, you would need to show that your accident and injury has been caused by the supermarket’s breach of duty of care under the Occupiers Liability Act 1957 (and also under the general law of negligence).  In essence, the supermarket owes a duty of care to its customers to ensure that they are reasonably safe when using their premises and that they are not exposed to the risk of foreseeable injury.

The fact that you slipped on something on the floor of the supermarket does not automatically mean that they are at fault.  The piece of fruit may only just have been dropped on the floor by another customer.  The supermarket will however be liable if they fail to have an adequate system for checking the floor and cleaning up spillages etc.  If a claim for compensation is pursued, the supermarket will need to provide evidence (such as signed records) that at the time of your accident the floor of the aisle was inspected at frequent and regular intervals and that no hazards were found.  If they are unable to do so, you are likely to succeed with your claim for compensation.  Additionally, the supermarket should have mats on parts of the floor in the fruit and vegetable aisle where spillages are most likely to occur, for example near to the grapes.

Finally, the fact that you have received flowers and vouchers from the supermarket is not necessarily an indication that the supermarket considers that they were at fault for the cause of your accident.  Companies often do so as a good will gesture.  Similarly, you do not need to worry that by spending the vouchers you will have accepted an offer of compensation and will be prevented from pursuing a compensation claim.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss Norfolk, IP22 4HZ.

Many parents will be unaware that they can make a personal injury compensation claim on behalf of their child aged under 18 years.

If your child is injured due to someone else's negligence, you can make a claim on their behalf by acting as a 'litigation friend' (an independent person not involved in the incident).

However, if you are involved in the incident - for example a car crash in which you are driving and your child is injured - while you cannot claim on their behalf, another litigation friend could do so.

Give us a call on 01379 644311 for more information

What happens about repairs to my bike - and how quickly?

If you have third party insurance then we will need to get the other driver's insurers to inspect your bike if the damage is serious. They will arrange for their engineer to come and look at it – this will take a few weeks and we have no control over how quickly they move. In the meantime, it is important you keep the bike in a place where it is being stored free of charge – insurers will not generally pay storage fees.

Their engineer will prepare a report, either writing the bike off if it is uneconomic or unsafe to repair or giving a repair estimate. If the bike is written off they will put forward a valuation. You are only entitled to the pre-accident value – not what you paid for it. 

If the damage is minor, then you may obtain your own repair estimate and we will forward this toinsurers who may agree the repair cost.

We would advise you not to proceed with repairs until these are agreed by the insurers.

Often insurers will make a 'without prejudice' payment to you for the bike at the start of the claim while they are still looking into liability - but if you are ultimately found to be at fault, they are entitled to claim this back from you. 

How can I claim for my damaged clothing and helmet?

Even if the accident is not your fault, the law requires you to prove every aspect of the claim. This means providing receipts/statements for the purchase of the damaged items where at all possible and/or photographs of the damage to the items – do not dispose of them until the claim is finalised. 

Payments are not made on a 'new for old' basis so the Court can deduct up to 33% for wear and tear. http://www.comercrawley.co.uk/think-bike.php#how_can_I_claim_for_my_damaged_clothing

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I have been injured in a car accident caused by my husband – can I claim compensation?

Answer:   Yes, a compensation claim can be pursued by, say, an injured passenger in a car even if the accident is the fault of the driver and s/he is a relative.  The other common example is a claim brought by an injured pillion passenger on a motorcycle.

A claim can still be brought even if the injured passenger is also covered by the motor insurance policy.  This would occur where, say, a husband and wife are both insured to driver a vehicle; if the husband is driving and causes an accident that injures his wife who is a passenger in the car, the wife can pursue a claim against her husband which the motor insurance company with deal with.

Therefore, the fact that you are related to or living with the person responsible for the accident does not prevent you from pursuing a claim for compensation against them.  Provided that person is insured to driver the car then the insurers will be responsible for the claim.  If the case when to court, legal proceedings would need to be issued against your partner.  However, the insurance company would be responsible for paying whatever compensation was agreed or awarded.  It is worthwhile mentioning however that the vast majority of personal injury claims settle without the need to start court proceedings.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I recently injured my back as a result of lifting something heavy at work.  Please can you advise me about pursuing a claim for compensation?

Answer:  To successfully pursue a claim for compensation you will need to prove that your back injury was caused by your employer’s negligence or breach of statutory duty.

The Manual Handling Operations Regulations 1992 place a number of duties upon an employer.  The primary duty is for employers, so far as is reasonably practicable, to avoid the need for employees to undertake any manual handling operations (which is defined as any transporting or supporting of a load by hand or by bodily force).  Where this can’t be avoided, the employer is then under a duty to carry out a risk assessment in respect of that task and to take appropriate steps to reduce the risk of injury.  The employer must also provide the employee with certain information concerning the task and to provide appropriate training.  Where there is a breach of the Regulations which causes an injury, this gives rise to a civil claim for compensation.

There is also potential liability under the common law duty of care which employers owe to their employees in negligence which includes a duty to provide safe equipment and a safe system of work.

The issues will therefore be firstly whether your employer should have provided equipment to prevent you from having to lift the item by hand.  Thereafter, it will be a question of investigating whether your employer carried out a sufficient risk assessment in respect of the task and provided you with sufficient information and training.  The relevant factors will include the size and weight of the load, your gender, height and general build, and how the item needed to be lifted.  

It will be necessary to obtain medical evidence to prove that your back injury has been caused by lifting the item.  This will involve seeing a medical expert (often a Consultant Orthopaedic Surgeon).  The expert will consider, amongst other things, the nature of the injury and whether there is anything in your past or present medical history which may be relevant to the injury (this is often the case with back injuries as people sometimes have a pre-existing condition).  Where this is the case, it will tend to not prevent compensation being claimed but instead may limit the value of the injury claim.

Finally, it is worthwhile mentioning that your employer is likely to be insured in respect of any claim that you pursue, through their employer’s liability insurance policy. 

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I was severely assaulted at work recently by a work colleague.  I feel that I didn’t do anything to provoke the assault and the police have told me that they are looking to bring charges against the individual concerned.  Please advise me as to whether I may be able to pursue a claim for compensation.

Answer:  You have several options in terms of seeking to claim compensation for theinjuries and associated financial losses and expenses that you have suffered as a result of the assault.

You may be able to puruse a civil claim for damages against your employer.  This is on the basis that an employer will be vicariously liable for the wrongful acts of theiremployees that occur during the course of their employment.  The courts have held that this may include an assault by an employee.  The claim will be dealt with by the company’s employers liability insurers.

You could also pursue a civil claim for damages against the work colleague thatassaulted you.  This is however a less attractive option as the claim will not be covered by an insurance policy. 

Another option is to seek compensation from the Criminal Injuries Compensation Authority.  The CICA basically administers a centrally funded scheme to compensate thevictims of crime.  To succeed with a claim you will need to meet the criteria specified under the scheme.  The amount of any compensation awarded is however likely to be less than you would be able to claim via a civil claim for damages plus the CICA will not pay anything in respect of legal fees.

Finally, if a criminal prosecution is pursued against the person that assaulted you, you can seek for a compensation order to be made as part of the sentencing (assuming of course that a conviction results from the prosecution).  The amount of any compensationis likely however to be very low compared to the other options mentioned above plus thecompensation order will be payable by the person that assaulted you and will therefore depend on his or her means to pay.  

If you have a question for our legal advice team you can submit it by email:enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.

comercrawley

the personal injury lawyers

Your questions answered ……

Question:  I recently had an accident whilst shopping in a supermarket.  I slipped on a piece of fruit that was on the floor in one of the aisles and fell hurting my back.  The staff at the supermarket were very kind at the time and I have since received some flowers and vouchers from the supermarket.  I am concerned however as my back is still bad.  Could I make a claim for compensation?

Answer:  You may have a claim for compensation against the supermarket.  To succeed with a claim, you would need to show that your accident and injury has been caused by the supermarket’s breach of duty of care under the Occupiers Liability Act 1957 (and also under the general law of negligence).  In essence, the supermarket owes a duty of care to its customers to ensure that they are reasonably safe when using their premises and that they are not exposed to the risk of foreseeable injury.

The fact that you slipped on something on the floor of the supermarket does not automatically mean that they are at fault.  The piece of fruit may only just have been dropped on the floor by another customer.  The supermarket will however be liable if they fail to have an adequate system for checking the floor and cleaning up spillages etc.  If a claim for compensation is pursued, the supermarket will need to provide evidence (such as signed records) that at the time of your accident the floor of the aisle was inspected at frequent and regular intervals and that no hazards were found.  If they are unable to do so, you are likely to succeed with your claim for compensation.  Additionally, the supermarket should have mats on parts of the floor in the fruit and vegetable aisle where spillages are most likely to occur, for example near to the grapes.

Finally, the fact that you have received flowers and vouchers from the supermarket is not necessarily an indication that the supermarket considers that they were at fault for the cause of your accident.  

Companies often do so as a good will gesture.  Similarly, you do not need to worry that by spending the vouchers you will have accepted an offer of compensation and will be prevented from pursuing a compensation claim.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss Norfolk, IP22 4HZ.

Compensation for Children

Many parents will be unaware that they can make a personal injury compensation claim on behalf of their child aged under 18 years.

If your child is injured due to someone else's negligence, you can make a claim on their behalf by acting as a 'litigation friend' (an independent person not involved in the incident).

However, if you are involved in the incident - for example a car crash in which you are driving and your child is injured - while you cannot claim on their behalf, another litigation friend could do so.

Give us a call on 01379 644311 for more information.

Holiday Injuries

comercrawley recently successfully settled a claim for Mr D who suffered injury whilst holidaying in Dubai with his wife.

After a few days sightseeing Mr D and his wife decided that it was time to spend a fun day soaking up the rays in the hotel’s aquapark. Unfortunately one of the aquapark’s giant water slides was not working correctly and as a result Mr D suffered a nasty laceration and bruising injury to his coccyx which not only ruined the remainder of his holiday but also interfered with his ability to undertake his work as a self employed electrician on return to this country.

comercrawley were instructed and brought a claim against the UK tour operator responsible for organising the holiday. This is possible under the provisions of the Package Holiday Travel Regulations, which in essence makes the tour operator responsible providing at least two aspects of the holiday e.g. travel and accommodation are organised by the operator.

Initially the hotel in Dubai denied knowledge of the incident but comercrawley were able to obtain records of a medical attendance at the hospital and witness statements from fellow holidaymakers who confirmed that the incident had occurred. Ultimately the tour operator settled Mr D’s claim on the threat of issue of proceedings and Mr D recovered compensation for his injury, loss of earnings and his damaged holiday shorts!

My husband had a car accident...

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I have been injured in a car accident caused by my husband – can I claim compensation?

Answer:   Yes, a compensation claim can be pursued by, say, an injured passenger in a car even if the accident is the fault of the driver and s/he is a relative.  The other common example is a claim brought by an injured pillion passenger on a motorcycle.

A claim can still be brought even if the injured passenger is also covered by the motor insurance policy.  This would occur where, say, a husband and wife are both insured to driver a vehicle; if the husband is driving and causes an accident that injures his wife who is a passenger in the car, the wife can pursue a claim against her husband which themotor insurance company with deal with.

Therefore, the fact that you are related to or living with the person responsible for theaccident does not prevent you from pursuing a claim for compensation against them. Provided that person is insured to driver the car then the insurers will be responsible for the claim.  If the case when to court, legal proceedings would need to be issued against your partner.  However, the insurance company would be responsible for paying whatevercompensation was agreed or awarded.  It is worthwhile mentioning however that the vast majority of personal injury claims settle without the need to start court proceedings.

If you have a question for our legal advice team you can submit it by email:enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.

Boot on the other foot

comercrawley acted for Mr G who was an agency worker and had been put into a food production company along with a number of fellow agency workers.

Mr G was injured in an accident during the course of his work when a heavy roll of plastic fell on his foot causing a painful crush injury to his great toe.

Prior to his accident Mr G had asked the management representative from the agency on site to provide him and his co-workers with safety boots. Had these been supplied then Mr G would not have suffered injury.

A claim was brought against the employment agency, but the agency tried to offload blame on to the business where Mr G was working. Proceedings were instituted against the agency for failing to provide the workforce with proper protective equipment and the claim was settled shortly after issue of proceedings. Mr G recovered compensation for his injury and the loss of earnings that he had suffered while unable to work.