Comer Crawley

Car accident claims....

2012-02-25T01:26:00.000-08:00

comercrawley

Your questions answered …

Question: I was involved in a collision with another car whilst driving along Victoria Road in Diss. The other driver stopped and appeared to accept that the accident was his fault. He refused however to give me his insurance details. Can I still pursue a claim for compensation for my whiplash injury? I did manage to make a note of the other car’s registration number.

Answer: The other driver should have provided you with his insurance details upon your request. Under the Road Traffic Act 1988, if you have been involved in a road traffic collision, no matter how minor, you must stop, give your name and address (and the name and address of the owner of the vehicle, if different) and your vehicle registrationnumber. If someone has been injured in the accident, you must also provide evidence of your insurance details if someone has reasonable grounds for requesting them.

To fail to do any of the above, is a criminal offence. You could therefore report the incident to the police and seek for them to take action.

In practical terms however, in order for you to pursue a claim for compensation we need to establish either the name and address of the driver/owner or details of the vehicle’s insurance cover. A lot of motor insurance policies are now recorded on a database, theMotor Insurance Database. We have access to the database and are therefore able to search the database in respect of a client’s claim. If the insurance policy is recorded on the database, we will be able to find out the name of the insurance company and policy number which will enable the claim for compensation to be made.

If a search of the database is unsuccessful, another option is for your solicitor to write to the DVLA requesting the name and address of the registered owner of the vehicle. It will then be possible to write to the owner of the vehicle setting out details of the claim to be forwarded on to the insurance company. If no response is received, a formal request can be made for the insurance details under section 154 of the Road Traffic Act 1988 stating that, if the person fails to do so, they may be liable to be prosecuted for a criminal offence. If a reply is still not received, a report can then be made to the police seeking for them to take action against the owner/driver for failing to provide insurance details upon request.

In summary therefore, having the vehicle registration number should be sufficient to enable you to pursue a claim for compensation. It may however take a little longer and therefore it is always preferable to seek to obtain the other driver’s details and insurance details wherever possible.

If it transpires that the other vehicle is uninsured, you can still pursue a claim. This would instead be through the Motor Insurers’ Bureau, an organisation set up to compensate the victims of uninsured drivers.

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?

2012-02-23T12:56:00.001-08:00

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.

My husband had a car accident...

2012-02-20T13:35:00.001-08:00

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.

Supermarket Sweep...

2012-02-15T14:36:00.001-08:00

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 aclaim 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.

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.

Have you been assaulted at work?

2012-02-08T14:24:00.001-08:00

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.

Exposed To Asbestos...

2012-02-02T14:27:00.001-08:00

Asbestos victims are set to lose out significantly following a decision of the House of Lords. In a ruling given last year, the House of Lords upheld three test appeals in which it was argued that damages should be limited in cases involving several former employers,none of whom could be specifically blamed for the onset of the asbestos related disease,mesothelioma.

Previously, the House of Lords ruled that an employer who had negligently exposed a worker to asbestos could be held 100% liable, even if the employee had worked for several companies and it could not be proved which of them had caused the illness. TheLaw Lords have now ruled however that that an employer’s liability should be limited on a percentage basis to reflect the extent to which it contributed to an employee’s exposure to asbestos.

This important change in the law has far reaching implications. Mesothelioma currently kills around 2,000 people annually in the UK, with the numbers rising each year (and expected to peak sometime between 2011 and 2015).

Mesothelioma is a form of cancer that attacks the lining of the lungs. The only known cause of the disease is exposure to asbestos and it can be caused by a single asbestos fibre. In most cases it is caused by negligent exposure to asbestos dust at work. Many sufferers have had contact with asbestos in more than one job.

There is a delay between the harmful exposure to asbestos and the development ofmesothelioma. This delay can be 15 years or more. Because of this, employers have often gone out of business by the time that a compensation claim is pursued. There are often huge difficulties in tracing the insurers for such companies.

As the House of Lords represents the highest appeal court in England and Wales, the decision cannot be appealed. Trade unions and asbestos victim support groups are however campaigning for parliament to introduce legislation to address the problem.

Judith Cole, comercrawley solicitors, Chancery House, Victoria Road, Diss IP22 4HZ Tel: 01379 644311

Injured Playing Football?

2012-01-30T16:34:00.001-08:00

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...

2012-01-19T15:21:00.001-08:00

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?

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...

2012-01-14T00:19:00.001-08:00

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?

2012-01-09T13:24:00.001-08:00

comercrawley

the personal injury lawyers

Your questions answered……

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

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.

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...

2012-01-08T03:01:00.001-08:00

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?

2012-01-03T00:08:00.000-08:00

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.

Injured Back??

2011-12-29T15:13:00.001-08:00

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.

Claiming on benefits...

2011-12-20T14:13:00.001-08:00

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 areIncome 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 compensation payment, 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 much compensation you will be receiving, what other capital you have and what the financial limits are for that particular state benefit. Anycapital that your partner has may also be taken into account.
It is possible however to prevent benefits from being affected by setting up aPersonal 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 a Personal 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.

Back Injuries...

2011-12-12T09:28:00.000-08:00

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.

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.

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.

Your Questions Answered...

2011-12-07T12:54:00.000-08:00

comercrawley

the personal injury lawyers

Your questions answered ……

Question: I have been told that if I pursue a claim for compensation I must agree for my entire medical records to be disclosed. This is putting me off making a claim as I don’t want, say, an insurance company to know my personal medical history. Is this true?

Answer: It is true that someone pursuing a claim for compensation needs to be agreeable to their medical records being disclosed. This includes general practitioner records and records relating to any relevant treatment such as hospital or physiotherapy. It is also true that all of a claimant’s GP medical records need to be disclosed and not just those that relate to the treatment that s/he has received in connection with the injuries to which the claim relates.

The reason why all of the medical records need to be obtained is because the medical expert who prepares the report on the claimant’s injuries needs to be in a position to report fully on the injuries suffered. As part of this process, the medical expert needs to consider whether there is anything in the claimant’s medical history which may be relevant. This includes whether the claimant has had any similar problems in the past (for example, in the case of a back injury, whether the claimant has had any problems previously with his/her back).

The fact that all of your medical records would need to be obtained should not however put you off pursuing a claim for compensation. The medical expert will only include in the report information which is relevant to the claim. Consequently you do not need to be concerned that personal information in your medical records which is irrelevant to your claim will be included in the report.

Finally, it is important also to mention that those who have had sight of your medical records are required to treat them entirely on a private and confidential basis.

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.

Motorbike Accidents

2011-12-04T12:25:00.000-08:00

comercrawley

the personal injury lawyers

Your questions answered ……

Question: I recently had an accident when the front wheel of my motorbike went into a pothole. I lost control of my bike and ended up with a broken arm. Can you please advise me about making a claim for compensation.

Answer: This is quite a topical subject with the large amount of potholes having developed or become worse following the recent cold and snowy weather conditions.

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.

Have you been assaulted at work?

2011-11-22T14:36:00.000-08:00

comercrawley

the personal injury lawyers

Your questions answered……

Answer: You have several options in terms of seeking to claim compensation for the injuries 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 their employees 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 that assaulted 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 the victims 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 compensation is likely however to be very low compared to the other options mentioned above plus the compensation 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.

Slipped on fruit...

2011-11-14T12:22:00.000-08:00

comercrawley

the personal injury lawyers

Your questions answered ……

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.

Potholes...

2011-11-09T13:32:00.000-08:00

comercrawley

the personal injury lawyers

Your questions answered ……

Answer: This is quite a topical subject with the large amount of potholes having developed or become worse following the recent cold and snowy weather conditions.

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.

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 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.

Supermarket Sweep...

2011-10-30T01:43:00.000-07:00

comercrawley

the personal injury lawyers

Your questions answered ……

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.

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...

2011-10-17T11:59:00.000-07:00

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?

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.

Car accident claims....

2011-10-10T11:34:00.000-07:00

comercrawley

the personal injury lawyers

Your questions answered …

Answer: The other driver should have provided you with his insurance details upon your request. Under the Road Traffic Act 1988, if you have been involved in a road traffic collision, no matter how minor, you must stop, give your name and address (and the name and address of the owner of the vehicle, if different) and your vehicle registration number. If someone has been injured in the accident, you must also provide evidence of your insurance details if someone has reasonable grounds for requesting them.

To fail to do any of the above, is a criminal offence. You could therefore report the incident to the police and seek for them to take action.

In practical terms however, in order for you to pursue a claim for compensation we need to establish either the name and address of the driver/owner or details of the vehicle’s insurance cover. A lot of motor insurance policies are now recorded on a database, the Motor Insurance Database. We have access to the database and are therefore able to search the database in respect of a client’s claim. If the insurance policy is recorded on the database, we will be able to find out the name of the insurance company and policy number which will enable the claim for compensation to be made.

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 Playing Football?

2011-10-04T10:33:00.000-07:00

comercrawley

the personal injury lawyers

Your questions answered……

Question: I injured my knee badly a few months ago whilst playing football. The injury was 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.

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 a significant 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 tackle by 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 a late 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.

car accidents

2011-09-28T11:22:00.000-07:00

comercrawley

the personal injury lawyers

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 accident happened 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.

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...

2011-09-26T11:24:00.000-07:00

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?

In certain circumstances a claim can also be brought under the law of negligence. Most claims 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 the Dangerous 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 liability claims. The likelihood is therefore that the dog owner will be insured in respect of your compensation 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.

Exposed To Asbestos...

2011-09-22T10:53:00.000-07:00

Asbestos victims are set to lose out significantly following a decision of the House of Lords. In a ruling given last year, the House of Lords upheld three test appeals in which it was argued that damages should be limited in cases involving several former employers, none of whom could be specifically blamed for the onset of the asbestos related disease, mesothelioma.

Previously, the House of Lords ruled that an employer who had negligently exposed a worker to asbestos could be held 100% liable, even if the employee had worked for several companies and it could not be proved which of them had caused the illness. The Law Lords have now ruled however that that an employer’s liability should be limited on a percentage basis to reflect the extent to which it contributed to an employee’s exposure to asbestos.

There is a delay between the harmful exposure to asbestos and the development of mesothelioma. This delay can be 15 years or more. Because of this, employers have often gone out of business by the time that a compensation claim is pursued. There are often huge difficulties in tracing the insurers for such companies.

Judith Cole, comercrawley solicitors, Chancery House, Victoria Road, Diss IP22 4HZ Tel: 01379 644311

My wife had an accident...

2011-09-19T11:11:00.000-07:00

comercrawley

the personal injury lawyers

Your questions answered……

Question: My wife had an accident last year and is making a claim for compensation. She broke her right arm in the accident and as she is right handed there were lots of things that she found it difficult to do, particularly when her arm was in plaster. I took time off work to look after her and wondered if it was possible to make a claim for this. Please advise me.

Answer: Yes, it is possible to include in your wife’s claim for compensation a claim in relation to the time that you spent looking after her. The claim would be for the help that you provided to your wife with tasks that she would normally do for herself but which she was unable to do following the accident because of her incapacity from the injuries. This would include help with getting washed and dressed, domestic tasks (for example, help with making meals and drinks) and gardening.

If you suffered a loss of pay by taking time off work you can make a claim for that loss. This can be calculated either through your payslips or by a letter from your employer (I have assumed that you are employed; if you are self employed, the calculation would be different).

You can however make a claim for compensation] even if you have not suffered a loss of earnings. The claim is termed voluntary care and assistance and will be calculated based on the number of hours that you spent in looking after your wife. The claim is based on an hourly rate that is equivalent to employing a paid carer but is reduced slightly to take into account the fact that the assistance was provided on a voluntary basis.

A claim can be made for both loss of earnings and voluntary care and assistance. This applies where the relative is able to return to work but the person who has been injured continues to need help with some tasks (such as domestic chores and gardening). It is obviously important however to make sure that there is no duplication in the claim being made.

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.

Claiming against your partner?

2011-09-14T12:02:00.000-07:00

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?

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.

Bouncy Castles....

2011-09-11T11:23:00.000-07:00

With the nice weather having finally arrived (at the time of writing this article at least!), it seems topical to talk about accidents involving bouncy castles.

Bouncy castles are extremely popular and offer tremendous fun for children. Accidents are not uncommon and sometimes may result in a child being seriously injured. This is not intended to put people off the use of bouncy castles but instead to highlight the importance of ensuring that they are used safely.

Companies which supply bouncy castles provide a list of guidelines for the safe use of the equipment. Of great importance, is making sure that the bouncy castle is constantly supervised by an adult. Accidents often occur when children are allowed to climb up the sides of the equipment, when they may then either fall over the top on to the ground or fall or jump back in and land on another child. Injuries can also often result from boisterous behaviour, if either too many children are allowed on it at one time or there is a big gap in age.

Sometimes during an event, there will be a time when the bouncy castle is not in use. Even then, it is still important to make sure that it is supervised or deflated, which is quick and easy to do.

Where a public event is being organised, such as a village fete, it is good practice to carry out a written risk assessment in advance. If an injury occurs as a result of the unsafe operation of the bouncy castle, then a successful claim for compensation may be brought in negligence.

The advice is to make sure that the company supplying the bouncy castle has public liability insurance cover. This however will only cover the supplier’s liability for the accident such as injuries caused by the equipment failing or being set up incorrectly or unsafely. Suppliers will always tend to make it clear that the hirer is responsible for ensuring that the bouncy castle is supervised at all times and that the Conditions of Hire are followed. It is therefore important to make sure that you have your own public liability insurance cover for the hiring of a bouncy castle. This is often covered by a home insurance policy and therefore may not involve taking out additional insurance.

Finally, it is not sufficient to put up a sign seeking to avoid liability for any accident as (under the Unfair Contract Terms Act) you cannot disclaim liability for death or personal injury.

Judith Cole, comercrawley solicitors, Chancery House, Victoria Road, Diss IP22 4HZ Tel: 01379 644311

Protecting yourself....

2011-09-08T10:31:00.000-07:00

comercrawley

the personal injury lawyers

Your questions answered……

Question: I am helping to organise a fete for my son’s playgroup and we are looking to hire a bouncy castle. Is there anything that we should do to protect ourselves from someone claiming compensation should a child get hurt whilst playing on it?

Answer: The person or company that you hire the bouncy castle from should provide guidance and instructions on how to use the inflatable safely. It is obviously important that these instructions are followed. Sometimes the bouncy castle hirer is able to provide a notice to display setting out rules to ensure its safe use (such as no eating or drinking and not wearing jewellery etc).

It is important that the bouncy castle is supervised throughout the fete to make sure that these rules are followed (either one person can do this or a rota can be drawn up). It is often advisable to limit the number of children using the bouncy castle at any one time and to also make sure that the age groups of the children using it at any one time do not differ significantly (for example toddlers using it at the same time as teenagers). Children should be stopped from doing anything dangerous, such as climbing up the sides of the bouncy castle.

It is also advisable for a risk assessment to be carried out in relation to the use of the bouncy castle (and indeed the fete generally). By undergoing this process, it will help the organisers of the fete indentify the relevant risks and look at ways of minimising them.

It is also important to make sure that the person or company that you hire the bouncy castle from has public liability insurance cover. The playgroup should also ensure that its public liability insurance cover not only covers the fete but also the hire of the bouncy castle. This will mean that should a child be injured and a compensation claim made, the claim can be forwarded on to the relevant insurance company for them to deal with as is appropriate.

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...

2011-09-07T10:52:00.000-07:00

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 accident happened 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 the accident 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 your previous 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 claims such 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.

Hitting a pothole...

2011-09-06T10:54:00.000-07:00

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.

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 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??

2011-09-05T12:42:00.000-07:00

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.

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.

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.

Claiming on benefits...

2011-09-04T07:35:00.000-07:00

comercrawley

the personal injury lawyers

Your questions answered……

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

For means tested benefits, there are financial eligibility limits including those relating to capital. What needs to be considered is whether, by receiving the compensation payment, 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 much compensation 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 a Personal 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.

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??

2011-09-01T11:20:00.000-07:00

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.

What happens if the other driver admits to and accident?

2011-08-31T10:18:00.000-07:00

comercrawley

the personal injury lawyers

Your questions answered……

Question: I was injured in a car accident last year. The other driver admitted that the accident 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 a solicitor. 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 further compensation 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 costs and 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 the payment 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.

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

2011-08-29T00:13:00.000-07:00

comercrawley

the personal injury lawyers

Your questions answered……

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

For means tested benefits, there are financial eligibility limits including those relating to capital. What needs to be considered is whether, by receiving the compensation payment, 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 much compensation 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 a Personal 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.

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 happens if your in a car accident?

2011-08-25T11:10:00.000-07:00

comercrawley

the personal injury lawyers

Your questions answered……

Question: I was injured in a car accident. The accident was the fault of the driver of another car but I understand from the police that he was not insured to drive the car. Can I still claim compensation?

Answer: Yes, the fact that the driver was uninsured is not a bar to you claiming compensation.

The first thing that will need to be investigated is whether the other vehicle was insured. If it turns out that the vehicle was insured but the driver was not covered under the insurance policy, then your compensation claim will be dealt with in the usual way. The insurers of the vehicle will deal with your claim (assuming of course that negligence of the other driver can be proved), the only difference will be that the insurance company will not agree to indemnify the driver and thus the insurance company can seek to recover from him their outlay in respect of your claim.

We can find out whether a vehicle is insured, and if so obtain the necessary details, by carrying out a check on the Motor Insurance Database.

If it turns out that both the vehicle and driver were uninsured, then a claim for compensation can still be pursued. A claim can be made to the Motor Insurers’ Bureau (MIB) under the Uninsured Drivers’ Agreement. The MIB basically compensates the victims of drivers of uninsured vehicles and also the victims of untraced drivers. The MIB is funded by motor insurance companies in proportion to their market share.

The procedure for making a claim to the MIB differs to the usual compensation claim dealt with by an insurance company. There are also certain rules and requirements in terms of successfully making a claim to the MIB. Your solicitor will however be able to specifically advise you on this and will ensure that the appropriate procedure is followed. Generally speaking, a claim dealt with by the MIB tends to take longer.

Once however a claim to the MIB is accepted (that is, negligence of the uninsured driver proved and the criteria of the scheme satisfied), your compensation claim will proceed in the same general way and your compensation claim will be valued in the usual way, with the MIB paying the normal amount both in terms of compensation and legal costs.

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 On The Bus...

2011-08-24T13:15:00.000-07:00

comercrawley

the personal injury lawyers

Your questions answered……

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.

I suffered an injury to my eye in an accident at work....

2011-08-22T13:10:00.000-07:00

comercrawley

the personal injury lawyers

Your questions answered……

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 son was in an accident.

2011-08-21T04:40:00.000-07:00

comercrawley

the personal injury lawyers

Your questions answered……

Question: My ten year old son was injured last year in an accident when he was hit by a car whilst crossing the road. The driver of the car was driving within the speed limit and the police have told us that they are not taking any action against him. Can my son still seek to claim compensation from the driver?

Answer: Yes, the fact that someone has not been convicted of a criminal offence relating to an accident does not necessarily mean that they will not be found to be negligent in a civil claim for compensation. The standard of proof in criminal cases is much higher, beyond all reasonable doubt, compared with in civil claims where it is on the balance of probabilities or in other words more likely than not. Also different evidence may be presented at a criminal trial than any subsequent trial in a civil claim for compensation. A criminal conviction (such as driving without due care and attention) is helpful as it can be used as evidence of negligence; the lack of a criminal conviction or prosecution however does not mean that a civil claim will fail.

Also the fact that someone was driving within the speed limit does not mean that they have not been negligent. The Highway Code makes it clear that the speed limits are simply to be regarded as the absolute maximum and that it does not mean it is safe to drive at that speed irrespective of the conditions.

In particular, drivers are expected to be wary of children who may be intending to cross the road. There have been cases where drivers have been found to be negligent despite travelling within the 30mph speed limit as they failed to slow down when a child was either walking towards the road or standing near to the edge of the pavement.

In summary therefore, your son may be able to successfully pursue a claim for compensation against the driver if it can be shown that in all the circumstances he acted negligently in causing the accident.

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……

2011-08-18T14:07:00.000-07:00

comercrawley

the personal injury lawyers

Your questions answered……

Finally, it is important also to mention that those who have had sight of your medical records are required to treat them entirely on a private and confidential basis.

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?

2011-07-23T04:21:00.000-07:00

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.

Motorcycle Accidents... Part 7

2011-07-20T10:41:00.000-07:00

I don't agree with the valuation they have put on my bike – what can I do?

The engineers generally use Glass's Guide so it is quite difficult to get an insurer to increase an offer.

You would need to produce evidence showing what you believe the bike is worth – adverts for similar bikes [same age, mileage etc] may be helpful. Alternatively, you can commission your own engineer's report, but this would cost around £100 and this is payable by you.

Motorcycle Accidents... Part 6

2011-07-17T04:21:00.000-07:00

What if my bike is on finance?

You are obliged to tell the finance company about the accident if the bike is damaged. You will be required to use any payment you receive for the bike to discharge any outstanding finance.
http://comercrawley.co.uk/think-bike.php#what_if_my_bike_is_on_finance?

Motorcycle Accidents... Part 5

2011-07-14T13:21:00.000-07:00

How will the accident affect my insurance premium?

If the other driver's insurers admit liability, your claim is treated as 'no fault' and the premium is not loaded. While liability is disputed, or if you accept blame, then your premium will rise at renewal.

If your premium does increase while the claim is proceeding, it is usually possible for you to recover any rise in premium imposed by your insurer once liability has been accepted.

www.comercrawley.co.uk

Motorcycle Accidents... Part 4

2011-07-13T10:57:00.001-07:00

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.

Motorcycle Accidents... Part 3

2011-07-11T11:21:00.000-07:00

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

Motorcycle Accidents.. Part 2

2011-07-10T07:34:00.000-07:00

Can I have a replacement bike while mine is off the road?

As long as you can show you have a need for hire [for example, to get to college or work] and you are not physically restricted from riding because of your injuries, then your broker will be able to organise a hire bike for you through a firm called Plantec. It is advisable to use Plantec because they will not usually charge you anything, and will recover their fees directly from the other driver's insurance company.

You must speak to us or your broker before hiring alternative transport as there can be problems in recovering these costs.

Motorcycle Accidents.. Part 1

2011-07-07T13:19:00.000-07:00

We deal with a lot of claims on behalf of injured motorcyclists, and understand more than most the stresses involved if you've been hurt in an accident and your bike is off the road.
While our clients receive step-by-step advice and assistance throughout the claims process, to minimise the hassle involved we thought it would be helpful to deal with a view frequently raised issues and concerns.

Why won't my own insurers help me with my claim?

There are two types of insurance cover – comprehensive and third party. If you have third party insurance then you are only covered for claims made against you, not for injuries to yourself or damage to your bike. Your insurers will deal with any claims made by the other driver/rider but the only way you will recover damages is to make a claim through a specialist company such as comercrawley.

With comprehensive insurance, the position is different. Here, your insurers will deal with the damage to your bike, and while you may have to pay a small excess we can recover this for you from the other driver's insurers. This makes things much quicker.

What are the time limits for making a claim?

2011-07-03T09:31:00.000-07:00

The general rule is that court proceedings must be started within three years of the incident that gives rise to the claim (or when you realised that you had suffered a significant injury as a result, if you only became aware of this later).

If you were under 18 at the time, the time limit does not start to run until you reach 18. There are, however, exceptions to the general time limit of three years and in some cases it can be less than three years (for example, air and sea accidents and criminal injuries compensation claims).

It is therefore best that you seek legal advice as soon as possible after you have been injured.

Your questions answered……

2011-06-25T12:30:00.000-07:00

Question: I had a car accident a couple of years ago and suffered a whiplash injury to my neck. I settled my claim for £1,500 and thought at the time that this seemed a reasonable amount. I have recently however spoken to a friend who told me that he received almost double the amount that I did despite recovering from his whiplash sooner. Does this mean that I should have received more for my claim?

Answer: Further information would be needed to advise you as to what would have been a reasonable settlement value for your claim. The mere fact however that your friend’s claim settled for a higher amount does not indicate that your claim should have been settled at a higher level.

It is not possible to make a simple like for like comparison in personal injury claims as each claim will be valued and settled on its own individual and specific circumstances.

The most likely explanation for the differing amounts of compensation is that your friend may have suffered more in the way of losses and expenses. A personal injury claim is made up of both compensation for the injuries suffered (known as general damages) and compensation for financial losses and expenses (known as special damages). Each aspect of the claim will be valued and calculated individually however people will tend to talk in terms of the overall figure that they receive in compensation. Thus it is possible that your friend received a lower amount for the injury element of his claim but received a higher sum in total because his financial losses and expenses resulting from the accident were greater than yours. For example, both you and your friend may have had time off work following the accident but if you were paid in full and your friend merely received statutory sick pay this would explain a difference in the compensation payments as your friend could include in his claim his loss of pay.

There are other possible reasons for the difference including that the insurance company dealing with your friend’s claim may have been generous in the amount that they offered in settlement of his 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.

What can I claim for?

2011-06-16T11:28:00.000-07:00

comercrawley will assist in putting together a detailed list of all your losses and expenses to support your accident injury compensation claim. Your claim for compensation will be split into two parts:

General Damages (your personal injury)
This is the compensation paid for your injuries and reflects the pain, suffering and loss of amenity caused to you, both in the past and in the future.
Compensation will also be paid if your injuries have caused you to suffer a cosmetic blemish, for example scarring.

You may also be able to claim additional accident injury compensation for being at a disadvantage in the job market as a result of your injury, or if you cannot continue in your chosen career.

comercrawley will advise you as to the appropriate value of your general damages claim once final medical evidence has been obtained. In doing so, we will refer to judicial guidelines and previous court decisions.

Special Damages (your financial losses and expenses)

These could include:
· Loss of earnings (past and future)
· Travel expenses
· Medical expenses (including private treatment)
· Damaged clothing
· Pension loss
· Cost of care (both voluntary and paid)
· Aids and equipment

Also, in road traffic accident cases:
· Repairs to your vehicle or write off value of your vehicle
· Recovery and storage of your vehicle
· Car hire or loss of use and inconvenience whilst your vehicle is off the road
· Policy excess
· Damaged property in your vehicle

Compensation for children

2011-06-14T10:33:00.000-07:00

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.

Devon lady compensated for fall

2011-06-09T13:43:00.000-07:00

Although in her 70s, ‘Mrs R’ is an extremely fit lady who regularly walked from her home to the town centre in Barnstaple in Devon, a distance of a little over one mile.

Unfortunately, on one occasion she tripped on a piece of raised paving and suffered a nasty fall which resulted in a blow to her head and unpleasant facial injuries. An ambulance was called and Mrs R was treated in the local hospital.

Fortunately, Mrs R’s son and daughter in law lived locally, and returned to the scene later in the day to see what had caused her to fall. The photos they took helped prove that the fall was not due to Mrs R’s age or agility, but down to the condition of the unfinished paving, which was in the process of being repaired by a contractor.

Mrs R contacted comercrawley, who secured compensation from the contractor without the need to go to court. In addition to her injuries, the compensation covered her broken spectacles and other out of pocket loss and expenses.

Mrs R said: “I had never been involved in anything like this before and as such it was good to have such expert help and personal service.

“My case was dealt with by Ian Comer and nothing was too much trouble. He took the time required to explain things fully by letter and phone.

“The fact that we never met face to face because of the distance between comercrawley’s office and where I live did not matter at all.

“I was also very pleased with the amount of compensation I received.”

Ian Comer added: “Mrs R is a very nice lady whose life was blighted for quite some while by this incident. It affected her confidence for a considerable period after the event, but I’m pleased to say that eventually she was able to resume to walking into town from her home.”

29.03.2011

Bricklayer compensated for scaffolding accident

2011-06-05T08:34:00.000-07:00

In December 2006 Mr W, a self-employed bricklayer, was working on a site in London when the scaffolding he was on collapsed beneath him.

Mr W fell around 15’ onto the concrete floor below and suffered a number of injuries, the most serious of which was shattering his left ankle.

Since then Mr W has had a series of operations to attempt to rebuild the ankle, involving metal plates and a cage round the ankle. Sadly, despite extensive medical treatment and surgery, he has been left with permanent damage to the ankle and limitations in his mobility.

Mr W was advised to contact comercrawley by a friend whose son had been injured in a motorcycle accident and was impressed with the service provided by comercrawley.

Mr W, whose case has been dealt with by Emma Crawley, said: “Emma has been helpful and friendly throughout and has gone to great lengths to explain things fully and clearly."

One of the side effects of the incident was that Mr W suffered a series of disturbing and unpleasant flashbacks. “Emma arranged for me to meet a psychologist to help me deal with the flashbacks. In fact, comercrawley arranged consultations with a number of specialists and I didn’t have to pay a penny,” Mr W said.

“They also arranged for me to have an automatic car because I could not drive my manual one – all at no cost to me.”

Emma Crawley said: “Mr W is a lovely man whose life has been blighted by what has happened to him, through no fault of his own.

“He has not been able to return to work but I’m very pleased to say that we have recently settled his claim for a substantial sum.

“We issued proceedings on Mr W’s behalf and they reached an advanced stage before a settlement could be negotiated.”

Mr W concluded: “As a bricklayer I’ve never had to deal with anything like this before, so it was really important to have someone who took as much time as necessary to explain how the process of making a claim works.

“I would have no hesitation in recommending comercrawley to anyone who is unfortunate enough to find themselves in a similar position.”

Taking on Tesco - and winning

2011-06-01T13:58:00.000-07:00

Comercrawley recently settled a product liability claim against supermarket giant Tesco Stores Limited.

When 70 year old Mrs B went to open a screw top bottle of German Neirsteiner wine that had been home delivered by Tesco the neck of the bottle fractured causing a nasty deep laceration injury to Mrs B’s right hand.

After undergoing extensive surgery to her right hand Mrs B, on the recommendation of the Taxi Driver who took her to hospital, consulted comercrawley who then brought a product liability claim against Tesco Stores for selling wine in a defective bottle. comercrawley obtained an expert report which was able to identify from the remains of the bottle that not only had the neck of the bottle suffered a hairline fracture but that this had been caused during the manufacturing process prior to the application of the screw cap unit.

Initially Tesco refused to deal with the claim and attempted to pass on responsibility to the bottle manufacturers but proceedings were commenced against Tesco under the provisions of the Consumer Protection legislation and following this Tesco quickly accepted responsibility for the accident.

comercrawley were able to recover significant compensation for Mrs B not only for her injury but also for the additional load that had fallen upon her husband in looking after her whilst she was recovering from the injury suffered.

Holiday horrors - but a successful outcome

2011-05-31T11:01:00.000-07:00

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!

Budding career back on track

2011-05-29T12:22:00.000-07:00

Comercrawley were instructed by the parents of Simon who suffered serious lower limb injuries in a motorcycle accident which occurred in Bournemouth in November 2007.

The unusual feature of this case was that Simon was a budding race cyclist intent of breaking into the professional ranks. The accident could not have occurred at a worst time as Simon was on the point of being selected for a development team but because of his injury he was unable to train and cycle for many months and lost this opportunity.

Liability for the accident was denied by the other party and in consequence proceedings were issued. As soon as he was able Simon returned to his training and was eventually able to get back to race riding. For two year Simon battled to return to his former level of fitness and performance, because he had missed out on joining a development team the dream was funded by his parents.

Simon’s efforts were rewarded and in 2010 he managed to secure a place in a Belgium riding team. His claim has been concluded on a split liability basis and Simon has been able to recover some compensation for the injuries and loss that he suffered.

If Simon’s dedication and determination to return to professional cycling are any indication then he should have a glittering career before him as a pro cyclist.

Boot on the other foot

2011-05-28T02:22:00.000-07:00

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.

Couple compensated for distress and trauma

2011-05-27T10:42:00.001-07:00

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.

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

2011-05-24T11:01:00.000-07:00

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

2011-05-23T13:37:00.000-07:00

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."

Young East Harling mother wins damages after head-on smash

2011-05-22T02:31:00.000-07:00

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

Asbestos Campaign

2011-04-25T10:37:00.000-07:00

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

No Win No Fee

2011-04-18T00:17:00.001-07:00

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.

Contact: www.comercrawley.co.uk

What is a Claimant Personal Injury Lawyer?

2011-04-17T09:35:00.000-07:00

- 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

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

2011-04-04T13:03:00.000-07:00

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/

Stepping up support for the EAAA

2011-03-31T13:34:00.000-07:00

Stepping up support for the EAAA

We are delighted to have taken our long-standing relationship with the East Anglian Air Ambulance (EAAA) to another level by becoming the founder patron of the new ‘Business on Board’ scheme, which was launched in Norwich on 31 March.

comercrawley has supported the EAAA since February 2008 – at that time we could think of no better cause to support, and we feel exactly the same today.

Established in 2000, the EAAA is a charity providing a life-saving service across Norfolk, Suffolk Cambridgeshire and Bedfordshire. Each year the EAAA’s highly skilled medical crews help save the lives of hundreds of people unfortunate enough to be caught up in accidents or medical emergencies.

The EAAA’s two aircraft, based at Norwich and Cambridge Airports, are manned 365 days a year and have attended more than 10,000 missions across the region.

As a charity, the EAAA receives no government or National Lottery funding and has to raise £4.2m each year through fundraising and donations to keep the aircraft and their life-saving crews flying.

The new ‘Business on Board’ venture is designed to enable the EAAA to give something back to the businesses which provide vital support. The charity will work in partnership with ‘Business on Board’ patrons and partners on a programme which includes marketing, people development and community engagement.

Ian Comer, director of comercrawley, said: “We are proud to be the founder patron of the EAAA’s Business on Board scheme and to be doing our bit to help keep the region’s two air ambulances flying.

“The EAAA provides all year round service across an area covering approximately 11% of the UK. We represent many injured clients who have benefited from the EAAA and this is a logical and natural association for us.

“We can think of no cause that is better deserving of our support.”

Welcome

2011-03-09T15:22:00.001-08:00

This is a welcome message from us here at comercrawley.