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.

Diss man wins compensation from Adidas after Wayne Rooney-style injury

A Diss man won compensation from a leading sportswear manufacturer after suffering injuries from the same sort of high tech boot which caused Wayne Rooney to break his foot.

Mike Ellis, 46, was playing in a football match in Eye in 2007 when one of the studs snapped. His leg twisted and he ruptured his achilles tendon.

As a result his leg was cast and in a splint for 12 weeks and he subsequently had to undergo intensive physiotherapy.

After the injury, Mr Ellis sent his boots back to Adidas, the manufacturers, and they confirmed that they were faulty. He was offered £50 and a new pair of boots by way of compensation.

But he was unhappy with the offer and instead he consulted personal injury lawyers comercrawley of Diss. They commissioned a report from an independent medical expert and, after lengthy negotiations with the Adidas insurers and the beginning of court action, the case was settled for a four figure sum.

In a statement, Mr Ellis says: 'The original offer from Adidas was derisory, given the inconvenience, pain and suffering i went through for 18 months.

'They must have known that at the time, but fortunately my solicitor was able to achieve a much more equitable outcome.'

Emma Crawley is a director of comercrawley and a specialist in sports injuries. 'The problem with the design of boots arises with the demand for greater and greater performance,' she explains.

'Research into the stresses on an athlete's body show that the improved physique of the player, the increasingly technological design of the boot and the close weave of the pitches all place enormous stress on an athlete's bone structure.

'These days there is no 'give' in either the pitches or the studs, so you could say that the studs actually engage too well with the surface.

'As a result, all of that pressure will be put on the human skeleton, as illustrated by the Wayne Rooney injury and perhaps what happened to Luca Civelli at Portman Road.

'Their boots may not have been made by Adidas but they use the same kind of technology. In the case of Mike Ellis, it was the boot which suddenly gave way and all that pent up stress was released catastrophically.'

There is increasing concern over the futuristic design of sports footwear following injuries to high profile players such as Wayne Rooney and David Beckham, though major sportswear brands defend their products robustly. The boot which failed Mr Ellis was an Adidas Predator Pulse, and its designer is Craig Johnstone, the former Liverpool player.

In an interview with Reuters, the international news agency, he has admitted that: 'It's only a matter of time before a player gets so seriously injured that he sues a major sportswear company'.

The problem does not merely affect footballers. Already, tennis player Martina Hingis has filed a $40 million action against Italian sporstwear company Sergio Tacchini alleging poor design of the shoes she wore on court.

Asbestos Campaign

comercrawley supports HSE asbestos campaign

comercrawley has voiced its support for an ongoing campaign by The Health and Safety Executive (HSE) which is aimed at tradesmen who work with asbestos.

In the UK around 500,000 non-domestic buildings contain asbestos. About 20 workers - including plumbers, joiners, and electricians - die every week from asbestos-related diseases in Britain.

The ‘Hidden Killer’ campaign aims to increase awareness of the risks posed by asbestos and how workers can best protect themselves. It is supported by unions, employers’ representatives, health charities, sufferers and victims’ groups.

David Snowball, HSE regional director for Yorkshire and Humber, said: “Asbestos is Britain’s biggest industrial killer. Contrary to what many people believe, the risks are not a thing of the past. Asbestos-related illnesses claim the lives of 4,000 people every year – more than die in road accidents.”

Ian Comer, director of comercrawley, said: “Unfortunately we are still dealing with the results of careless handling of asbestos in the past.

“There is a tendency to believe that, because we now know much more about asbestos, the risk has been much reduced or almost eradicated.

“But there are still a great many buildings and situations in which asbestos remains, and it is still of the greatest importance that those working where asbestos may be found should think of that possibility before they disturb the material.

“Otherwise the dreadful long-term toll of asbestos is likely to continue for decades to come. And that it why comercrawley fully supports the HSE’s Hidden Killer campaign.”

Click here to visit the ‘Hidden Killer’ campaign website.

http://www.hse.gov.uk/asbestos/hiddenkiller/index.htm

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.

What is a claimant 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, straightforward 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 our costs and expenses from the Defendant insurers. If we are unsuccessful we do not charge you. Our interest in a 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.

Contact: www.comercrawley.co.uk

Diss man wins compensation from Adidas after Wayne Rooney-style injury

A Diss man won compensation from a leading sportswear manufacturer after suffering injuries from the same sort of high tech boot which caused Wayne Rooney to break his foot.

Mike Ellis, 46, was playing in a football match in Eye in 2007 when one of the studs snapped. His leg twisted and he ruptured his achilles tendon.

As a result his leg was cast and in a splint for 12 weeks and he subsequently had to undergo intensive physiotherapy.

After the injury, Mr Ellis sent his boots back to Adidas, the manufacturers, and they confirmed that they were faulty. He was offered £50 and a new pair of boots by way of compensation.

But he was unhappy with the offer and instead he consulted personal injury lawyers comercrawley of Diss. They commissioned a report from an independent medical expert and, after lengthy negotiations with the Adidas insurers and the beginning of court action, the case was settled for a four figure sum.

In a statement, Mr Ellis says: 'The original offer from Adidas was derisory, given the inconvenience, pain and suffering i went through for 18 months.

'They must have known that at the time, but fortunately my solicitor was able to achieve a much more equitable outcome.'

Emma Crawley is a director of comercrawley and a specialist in sports injuries. 'The problem with the design of boots arises with the demand for greater and greater performance,' she explains.

'Research into the stresses on an athlete's body show that the improved physique of the player, the increasingly technological design of the boot and the close weave of the pitches all place enormous stress on an athlete's bone structure.

'These days there is no 'give' in either the pitches or the studs, so you could say that the studs actually engage too well with the surface.

'As a result, all of that pressure will be put on the human skeleton, as illustrated by the Wayne Rooney injury and perhaps what happened to Luca Civelli at Portman Road.

'Their boots may not have been made by Adidas but they use the same kind of technology. In the case of Mike Ellis, it was the boot which suddenly gave way and all that pent up stress was released catastrophically.'

There is increasing concern over the futuristic design of sports footwear following injuries to high profile players such as Wayne Rooney and David Beckham, though major sportswear brands defend their products robustly. The boot which failed Mr Ellis was an Adidas Predator Pulse, and its designer is Craig Johnstone, the former Liverpool player.

In an interview with Reuters, the international news agency, he has admitted that: 'It's only a matter of time before a player gets so seriously injured that he sues a major sportswear company'.

The problem does not merely affect footballers. Already, tennis player Martina Hingis has filed a $40 million action against Italian sporstwear company Sergio Tacchini alleging poor design of the shoes she wore on court.

Suffolk pedestrian wins damages for road collision injuries

comercrawley helped a Suffolk man win damages for the significant injuries he sustained when he was knocked down close to his home.

Brian Harding, who is in his 70s, was struck by a car in a narrow lane near his home in Wetherden.

Mr Harding suffered very serious head, leg and internal injuries and was airlifted to West Suffolk Hospital by the East Anglian Air Ambulance.

He spent 10 days in intensive care and a total of seven weeks in hospital followed by two weeks of further rehabilitation. Although he can't walk as far or as fast as he used to, he has otherwise made a good recovery.

comercrawley was recommended to Mr Harding by a friend and he was delighted to learn of our sponsorship of the East Anglian Air Ambulance.

Ian Comer, director of comercrawley, said; "It was the initial treatment from the air ambulance doctor and the vital minutes saved that made the difference. It's thanks to them and the West Suffolk Hospital that Mr Harding has made such a remarkable recovery."

Asbestos Campaign

comercrawley supports HSE asbestos campaign

comercrawley has voiced its support for an ongoing campaign by The Health and Safety Executive (HSE) which is aimed at tradesmen who work with asbestos.

In the UK around 500,000 non-domestic buildings contain asbestos. About 20 workers - including plumbers, joiners, and electricians - die every week from asbestos-related diseases in Britain.

The ‘Hidden Killer’ campaign aims to increase awareness of the risks posed by asbestos and how workers can best protect themselves. It is supported by unions, employers’ representatives, health charities, sufferers and victims’ groups.

David Snowball, HSE regional director for Yorkshire and Humber, said: “Asbestos is Britain’s biggest industrial killer. Contrary to what many people believe, the risks are not a thing of the past. Asbestos-related illnesses claim the lives of 4,000 people every year – more than die in road accidents.”

Ian Comer, director of comercrawley, said: “Unfortunately we are still dealing with the results of careless handling of asbestos in the past.

“There is a tendency to believe that, because we now know much more about asbestos, the risk has been much reduced or almost eradicated.

“But there are still a great many buildings and situations in which asbestos remains, and it is still of the greatest importance that those working where asbestos may be found should think of that possibility before they disturb the material.

“Otherwise the dreadful long-term toll of asbestos is likely to continue for decades to come. And that it why comercrawley fully supports the HSE’s Hidden Killer campaign.”

Click here to visit the ‘Hidden Killer’ campaign website.

http://www.hse.gov.uk/asbestos/hiddenkiller/index.htm

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, straightforward 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 our costs and expenses from the Defendant insurers. If we are unsuccessful we do not charge you. Our interest in a 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.

Contact: www.comercrawley.co.uk

Young East Harling mother wins damages after head-on smash

A young mother from East Harling was awarded five figure damages for injuries she received when her car collided head-on with a van.

In 2006 Claire Seager, 32 at the time and on maternity leave from her job as a pharmaceutical technician, was returning with a friend and her children from visiting Planet Zoom in Dereham. On the Hingham Road near Great Ellingham a Mercedes van which was travelling in the opposite direction crossed the road and collided with her car.

Ms Seager was trapped and unconscious and had to be cut free by the emergency services, then airlifted by the East Anglian Air Ambulance to the Norfolk and Norwich hospital.

She had broken both arms and her right leg and underwent extensive surgery. She also suffered injuries to her back and various lacerations. Ms Seager spent three days in intensive care and remained in hospital for three weeks. When she left hospital she was confined to a wheelchair for six weeks, and had to undergo physiotherapy until the end of 2007.

Ms Seager has no memory of the accident, nor of anything after leaving Dereham before the accident until three days afterwards. Details of the accident were provided by witnesses.

During her time in hospital Ms Seager was separated from her baby daughter, Ella. She found she could not breast-feed Ella without assistance because she could not hold her, owing to her broken arms.

The inability to hold her baby even after discharge from hospital continued to cause Ms Seager great distress.

'I will never get that time back,' she says.

Although her injuries have healed she is left with conspicuous scars both on her arms and her leg. Her movement is still slightly restricted and she is not expected to make any further recovery, though she has been able to adapt. She has developed travel anxiety as a result of the accident.

She decided to seek damages for her injuries from the driver of the Mercedes. She approached Diss-based lawyers and personal injury specialists comercrawley. Director Emma Crawley, who managed her legal case, explains the circumstances of the damages award.

'This has been an enormously traumatic episode in Claire's life,' Emma Crawley explains.

'She had only just given birth to her child, so the horror of the accident had an especially big impact on her. It also interrupted what had been a precious time for her, the first weeks spent with her new child. So it has inevitably been an extremely traumatic period for her.

'Fortunately we were able to negotiate Claire's claim against the other driver's insurers without recourse to a trial.

'In spite of her injuries, in many ways Claire had a lucky escape because those injuries could have been much worse. She was fortunate in having the service of the East Anglian Air Ambulance, who may have made a difference in the long-term outcome by being able to get her to hospital that much quicker and so reduce any potential complications.'

Claire Seager was eager to acknowledge the part played in rescuing her from the accident by the East Anglian Air Ambulance. 'Although I have no memory of the circumstances of the collision or what happened afterwards, I'm aware that the situation was considered serious enough to call out the air ambulance,' she says.

'It's not generally recognized that the air ambulance is not paid for by the NHS and is entirely supported by charitable donations, so I consider myself very fortunate to live in a part of the country which enjoys such a marvellous service.'

20.08.2009

No win, no fee....

It means what is says. If your lawyer represents you under a proper no win no fee agreement (also called a conditonal fee agreement) you should not have to pay your lawyer anything if your claim is unsuccessful.

Why would a lawyer be prepared to do work and risk no getting paid? Well there are a number of reasons:-

(i) The lawyer would want to be satisfied that there was a reasonable prospect of succeeding with your claim and the claim was not fanciful or doomed to failure from the outset.

(ii) The vast majority of injury claims taken on by lawyers are successful – it is reasonably easy to pick a straightforward winning claim, the art of our work is to select the wining cases where the liability issues are not so clear cut.

(iii) Your lawyer will be entitled to recover a "bonus" or success fee (currently paid for by the Defendant insurer). This is meant to compensate the lawyer for running a case where there is a risk of losing and not getting paid. This success fee is capped in the majority of cases such as road traffic accidents (12.5% of basic costs) where the liability issues and risks of litigation are meant to be more straightforward and easier to call or an accident at work (25% of basic costs) where usually the liability issues are not so clear cut.

In other cases, for example slipping and tripping accidents, involving claims against the local highway authority the Claimant’s solicitors can set there own success fee in accordance with the perceived risk of litigation although if the Defendant is required to pay the Claimant’s costs in due course the Defendant is entitled to challenge the level of the success fee.

In the event that a claim ends up at trial (when clearly there is going to be highly contested issues) then the success fee will normally increase to 100% of the Claimant’s basic costs i.e. the lawyer can double their fee if they succeed at a final hearing. This sounds all very well but very few cases end up at trial and if they do then these are claims where there is a major dispute on the issues. Therefore while a Claimant’s lawyer might recover substantial costs if the claim is successful at trial the lawyer will also receive nothing by way of costs if the claim fails, it is therefore usually high risk at this stage.

There is currently a proposal that the Government is looking at introducing that the success fee payable in the event of a successful claim should no longer be paid for by the Defendant insurer but by the Claimant out of damages recovered. The proposal protects the Claimant in terms of the level of the success fee by capping the success fee at a maximum of 25% of the Claimant’s compensation, essentially this would guarantee a Claimant recovered 75% of the damages that were recovered on his behalf. On the basis that the Claimant is not at risk and can bring a claim at the moment without any thought of contributing to the costs of a claim this is probably a reasonable proposal. If this proposal is introduced then it is likely that market forces will drive down the level of success fees and Claimant’s will shop around to obtain the best deal from a Claimant personal injury lawyer.

Insurers are behind clampdown on ‘no win no fee’ services

Ian Comer, director of comercrawley, responds to George Osborne’s proposed restrictions on ‘no win no fee’ services – and to David Cameron’s view that there is a damaging personal injury culture in the UK.

“The government in their wisdom removed legal aid for personal injury work in the mid 90s, allowing solicitors to take these cases on under a ‘no win no fee’ arrangement.

“They effectively wanted to save money and said that members of the public could have access to justice - the right to make a claim - by solicitors taking the risk of litigation, rather than the State.

“In return for taking that risk solicitors were allowed to charge a success fee - a bonus on their basic costs - to compensate them for the risk of losing and not getting paid.

“Initially the success fee was payable by the client out of their damages but this was capped at 25% so the client was always guaranteed 75% of their compensation, which was highly acceptable to everyone. 

“Then, for some bizarre reason, the government decided that the success fee would be paid by the defendant’s insurer. So when the defendant lost, the insurer would pay compensation, legal costs and then the other side’s success fee as well. This didn't go down at all well with the insurers and so they lobbied to get the government to cap success fees in certain types of cases.

“For instance in road traffic accidents - which make up the vast majority of all personal injury cases - the success fee is capped at 12.5%. In work-related accidents the success fee is capped at 25%. The exception is where the claim concludes at trial ( very few do) in which case, if successful, the solicitor can receive a 100% success fee i.e. double their costs.

“Over the past 10 years or so, at comercrawley we have operated all our claims on no win no fee and do not charge clients a penny, win or lose. We fund (to the tune of several hundred thousand pounds) all the ongoing expenses of running clients’ claims including the cost of medical reports, other experts’ fees, police reports, the cost of accessing medical records etc. On one case alone we have over £50,000 outstanding on disbursements we have funded for the client.

“Firms like comercrawley have lifted the burden of funding personal injury litigation off the State and now insurers are saying they don't like it. They say there is a litigation culture but in fact the number of claims made is not increasing.

“David Cameron talks about personal injury lawyers jumping to take on a claim on the slightest pretext – but the whole point about no win no fee is that you don't get paid if you don't win the claim. If you took on any old rubbish you would soon be out of business. Who wants to work on a ‘no win no fee’ basis on something where there is only a slim prospect of success?

“If the current proposal was just that the success fee should once again be paid by the client out of damages - subject to the same safeguards as before - then I don't see too much of a problem.

“In fact, as I am sure that the government is well aware, some personal injury solicitors will cut their own throats by offering to do cases for lower and lower success fees until we get back to where we are – clients not paying anything towards the litigation.

"However, this is just the thin end of the wedge. Over the last seven years personal injury lawyers have seen insurers and the government force through costs changes which have meant that the vast majority of claims are now dealt with on fixed costs - and we have seen a significant reduction on these costs during this period. For example, seven years ago a straightforward road accident claim valued at £5,000 would attract fixed costs of £1,800 - now such a claim would attract costs of just £1,200.

“I am sure that the government and insurers’ game plan is to drive solicitors out of the market for modest value claims. There is already a new electronic portal system which covers road traffic accident claims up to £10k, which has been designed for use by the public - and I am sure this is the forerunner of excluding costs altogether so the public have to pursue their own claims, and we all know what will happen then.

“The insurers will bank on members of the public getting worn down by the process of delay and prevarication and I am sure the vast majority just won't bother if they have to take on the insurers on their own.”

http://www.comercrawley.co.uk/

What happens if the other driver admits to and accident?

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I was injured in a car accident last year.  The other driver admitted that theaccident was his fault and his insurance company have recently made me an offer of settlement.  I have been dealing with the claim on my own and have not consulted asolicitor.  I am still suffering quite badly from the effects of the accident.  I am worried that the offer may not be enough if I continue to have problems in the future.

Answer:   You are right to be concerned about accepting the offer.  Personal injury claims are normally settled on a full and final basis which means that if you were to accept the offer, the likelihood would be that you would be prevented from claiming furthercompensation in the future.

It is therefore important to be satisfied that the amount of any settlement offer is sufficient to cover not only the pain and expense that you have suffered to date but also the ongoing problems and financial losses that you are likely to suffer in the future.

It will not be possible to make a proper assessment of the value of your claim until final medical evidence has been obtained.  This means obtaining a report (sometimes more than one is needed) from an independent medical expert detailing the injuries that you have suffered in the accident and stating what the long term prognosis is.  As well as knowing whether your ongoing symptoms are likely to be permanent, it is also important to know whether your symptoms may get worse.

As well as obtaining final medical evidence, it is also essential to have full details of all the financial losses and expenses suffered as a result of the injuries, both past and future.  This will include loss of earnings, pension loss, medical expenses, care costsand help with other tasks such as DIY.

The best advice is therefore for you to consult a specialist personal injury solicitor who will be able to give you specific advice about your claim and the settlement offer that the insurance company have recently made.  You do not need to be concerned about thepayment of solicitors’ costs as the insurance company will pay your legal costs as well as your 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.

Could you claim??

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 alegal 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.

Injured Back??

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 assessmentin 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 theinjury 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 compensationbeing 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.

Hitting a pothole...

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.

eye injury...

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I suffered an injury to my eye in an accident at work.  I was operating a piece of equipment, a circular saw, and a splinter of wood flew into my eye.  The accidenthappened at my last job and at the time I was reluctant to make a claim against my employer.  Unfortunately, I did not enter details in the accident report book.  Can I still make a claim?

Answer:   The description that you have given of the accident suggests that you were not wearing eye protectors, such as goggles, when the injury occurred.  Under the Personal Protective Equipment Regulations 1992, an employer is under a duty to ensure that suitable personal protective equipment is provided to employees who may be exposed to a risk to their health and safety while at work.  Therefore, if your employer failed to provide you with eye protectors, you would be able to pursue a claim under the Regulations for the injury and financial loss that you suffered as a result of the accident.

The fact that you did not enter details of your accident in the accident report book will not prevent you from claiming compensation.  It is always best for an accurate record to be made of an accident as soon as possible after it occurs as this helps in proving theaccident and injury.  In your case however there will still be many other ways of proving your claim including your own evidence, the evidence of any work colleagues who witnessed your accident and your medical records.  It is also anticipated that yourprevious employer will recall your accident and will be able to confirm the circumstances to their employers liability insurers who will deal with your claim.  Additionally, your employer should have sent a written report of your accident to the Health and Safety Executive. 

Finally, there is a general time limit of three years that applies to personal injury claimssuch as yours.  Therefore, provided that your accident occurred less than three years ago, you will still be within time to pursue a claim for compensation.  Please be aware however that the time limit specifies that court proceedings must be commenced within three years of the date of the accident.  It is not sufficient to merely notify your previous employer of your claim within that time.  If your claim is not issued at court within the three year time limit, you are likely to be barred from claiming compensation.  A solicitor will be able to advise and assist you further with this.

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.