Injured Playing Football?

Injured Playing Football?

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I injured my knee badly a few months ago whilst playing football.  The injurywas caused by a player from the other team going in for a tackle badly (the player was sent off following the tackle).  Would I have any claim for compensation against the other player or his team?

Answer:   It is possible to claim compensation for sporting injuries such as the one that you describe.  Whether or not the claim is successful will depend on the circumstances.

As with the majority of personal injury claims, to succeed with the claim it will be necessary to prove negligence.  Participants in sporting activities owe a duty of care to those that they are playing with and against.  Whether or not there has been a breach of that duty of care will depend on the act carried out.

It is helpful that the player was sent off by the referee following the incident but more would need to be proved.  In sporting injury claims, it is not merely sufficient to show that the Defendant was in breach of the rules of the game (this compares with road traffic accident claims where breach of the Highway Code is indicative of negligence). 

It will be necessary to prove that the foul was such that a reasonable player (at the level of football that you were playing) would have realised that their actions carried asignificant risk of serious injury.  Additionally, when taking part in sport, you are said to consent to the ordinary risks of the game and thus it will need to be shown that the tackleby the other player went beyond this.

Therefore, if it can be proved that your injury resulted from an intentional foul then you may be able to pursue a claim for compensation; if however it was merely the case of alate and clumsy tackle by the other player, your claim is unlikely to be successful.

Finally, in practical terms, it will need to be investigated whether the player’s actions are covered by an 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.

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.

Aggressive Dogs...

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I was recently bitten by an aggressive dog whilst out walking in a local park. Can I claim compensation for my injuries?

Answer:   You may be able to pursue a claim for compensation against the owner of the dog that attacked you.  For that reason, it will be important for you to have obtained the name and address of the dog’s owner (or at least to have some way of finding this out).

For a compensation claim to succeed in such circumstances it is usually necessary to show a pattern of previous aggressive behaviour of the dog.  A successful claim for compensation can be made under the Animals Act 1971 if it can be shown that the dog had abnormal characteristics and that those characteristics were known to the dog’s keeper.  It must also be shown that such characteristics led to the injury occurring.  It is not necessary to show that the dog had in fact previously bitten someone, nor that the owner could have foreseen that the dog would attack you.

In certain circumstances a claim can also be brought under the law of negligence.  Mostclaims arising from dog bites are however brought under the Animals Act.

If the dog is of a certain type, it may not be necessary to prove that he or she has been aggressive in the past in order to succeed with a claim for compensation.  Under theDangerous Dogs Act 1991, certain types of dog are regarded as dangerous.  For example, pit bull terriers are subject to special rules including that they must be kept on a lead when in a public place.

Generally speaking if the dog is not of a dangerous type and has been previously well behaved, then it will be difficult to succeed with a claim for compensation.

Finally, most people have household insurance which covers them for public liabilityclaims.  The likelihood is therefore that the dog owner will be insured in respect of yourcompensation claim.  This is something that can be established early on when pursuing a 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.

If I make a claim - does that affect my benefits?

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I have had an accident and am considering making a claim for compensation.  I am concerned however that if I receive compensation it may mean that my benefits get stopped.  Could this happen?

Answer:   There is a risk that this could happen but there is a way that it can be avoided.

The risk only applies to state benefits that are means tested, examples of which are Income Support, Housing Benefit and Council Tax Benefit.  Certain benefits are non means tested (such as Incapacity Benefit, Disability Living Allowance and Child Benefit) and there is no risk of these being affected by the mere fact of receiving compensation.

For means tested benefits, there are financial eligibility limits including those relating to capital.  What needs to be considered is whether, by receiving the compensationpayment, it may take you above a limit that will mean that either your benefit is reduced or stopped altogether.  This will depend on a number of factors including how muchcompensation you will be receiving, what other capital you have and what the financial limits are for that particular state benefit.  Any capital that your partner has may also be taken into account.

It is possible however to prevent benefits from being affected by setting up a Personal Injury Trust and paying the compensation directly into an account specifically set up for the trust.  The Benefits Agency must still be informed of the change in your circumstances but upon being advised that the compensation has been paid into aPersonal Injury Trust, should disregard that capital in their assessment of your means so far as your benefit entitlement is concerned.

Your solicitor will be able to advise you as to whether a Personal Injury Trust is advisable in your case and, if so, to explain what is involved in setting up a Trust and how to go about doing this.

The fact that it is possible to protect your entitlement to benefits means that the fact that someone may be in receipt of a means tested state benefit should not deter them from pursuing a claim for compensation.     

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.

Your Questions Answered...

Your questions answered……

Question:  I was recently injured in a car accident.  A friend of mine, who had just passed his driving test, took a group of us out for a ride in his car.  The accidenthappened when we were travelling along a country lane when a pheasant ran out across the road.  My mate swerved to avoid hitting the pheasant and the car ended up in a ditch.  Would I be able to claim compensation for my injuries?

Answer:  To successfully pursue a claim for compensation, it needs to be proven that the accident was caused as a result of the negligence of someone else.

Primarily, the accident was caused by the pheasant running out into the path of the car that you were travelling in.  As the pheasant is a wild animal, there is no one available to sue.  This may sound obvious however if the animal is owned by someone there may be an option of suing that person for failing to ensure that it did not escape on to the road.

The accident was also caused by your friend’s actions in swerving to avoid hitting the pheasant.  Your friend probably did so instinctively and although his actions may be regarded as a normal reaction (particularly taking into account his inexperience in driving) they may be sufficient to prove negligence.

The driver of a car owes a duty of care to his or her passengers to take all reasonable care such as to prevent the risk of foreseeable injury.  This duty of care extends to other road users, although not to an animal such as a pheasant.  In causing his vehicle to leave the road and end up in a ditch, it can be argued that your friend acted negligently.

This is not to say that drivers should avoid taking evasive action in such situations (in some circumstances there may be consequences in criminal law for injuring an animal on the road) however the driver must ensure that any action does not put other people in danger.

You may naturally be reluctant to make a claim against your friend and therefore it is worthwhile mentioning that the claim is likely to be dealt with under the insurance policy for the vehicle.  Your friend may already be claiming against his insurance policy, for the damage to the vehicle, if he is comprehensively insured.

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.

What is a Claimant Personal Injury Lawyer?

What is a Claimant Personal Injury Lawyer? - Well we act for the injured victim of an act of negligence, breach of duty or deliberate act,  and recover compensation for that person’s injury and loss. - The injured victim who brings the claim is called a Claimant. - The person or body a claim is brought against is a Defendant. - A Claimant will always be an individual person whereas a Defendant can be an individual,  an incorporated company, or business or partnership, a local authority, a club etc. - The injury can comprise or involve mental harm as well as physical damage. - The Claimant if successful in a claim in negligence or breach of duty can recover damages  (compensation) for a wide range of losses which may flow from the injury. A non exhaustive  list is:- - general damages for pain, suffering and loss of amenity. - loss of earnings. - damage to clothing and property. - care and assistance. - medical / rehabilitation treatment costs. - A Claimant can recover damages non only for past losses but also future losses,  for example if the Claimant’s earning ability has been affected or if future medical  treatment is likely to be required. Why use comercrawley to deal with your personal injury claim? - Our lawyers are all specialist in injury claims. - It is the only work we do. - Two of our solicitors, Ian Comer and Emma Crawley, are on the Law Society Specialist  Personal Injury Panel. Panel membership is only achieved if you can demonstrate a a high  level of specialist knowledge and suitable experience in dealing with the most complex and  demanding of cases and an ability to run claims in an effective and straightforward manner. - We give our advice and talk to you in plain language, we do not try and hide behind the  jargon. - We are on both the Headway (acquired brain injury) and Spinal Injuries Association Panel  of Solicitors which acknowledged the firm’s ability to deal with the most complex of cases. - We respond promptly to all communications from our client, we give clear, straight  forward advice and will make sure your claim is progressed as swiftly as possible. - We will make sure you understand what we are doing for you. - We will come and see you at home, even in hospital if you can’t get to see us. - Best of all our service is at no cost to you. - We carry out all our work on a "no win, no fee" basis (see later blog) and give our client  three assurances at the outset of their claim:- (i) The client will pay no cost win or lose. (ii) We will not take any compensation from a client, they will receive 100% of what  we recover for them. (iii) We will front all expenses of running the claim. So rest assured it will be a "no cost to you" service. How can we do this? The answer is straightforward, in the event of a successful claim we are able to recover

Defendant insurers. If we are unsuccessful we do not charge you. Our interest in a

our costs and expenses from the  claim is the same as yours – we want to succeed otherwise we don’t get paid. We will only take on a claim with a reasonable (better than 50%) prospect of success –  we are not interested in pursuing cases with no realistic prospect of succeeding and  would give you clear advice at the outset on how we rate your claim. If you have a claim to make, if you have a question to ask, if you are not satisfied  with your existing legal advisors contact us to discuss matters – you have absolutely  nothing to lose.