Accident Claims and Personal Injury

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Lee Dawkins, Solicitor and Law Society Personal Injury Law Panellist, investigates We are often asked if children can bring a claim for compensation for personal injury suffered in an accident that was not their fault. The answer to this question is a resounding “Yes”! In fact, not only are children allowed to bring a claim for damages, there is a legal obligation on the parents and guardians to pursue such a case where the child is likely to have reasonable prospects of...

Personal injury solicitor James McNally considers the duty owed by farmers to protect members of the public using rights of way over their land In earlier articles on this site we have discussed the risk of injury that cattle pose to walkers alongside the duties that the Animals Act 1971 imposes on animal owners. The potential for farmers being held liable for accidents involving cattle on their land has been highlighted once again in the recent decision of McKaskie v Cameron. On...

Personal injury solicitor, John Hasson, looks at what this means for people claiming compensation for asbestos related illness All 7 judges in the linked Supreme Court cases of Sienkiewicz (Administratrix of the Estate of Enid Costello Deceased) v Greif (UK) LTD and Knowsley MBC v Willmore ruled that there was no minimum level of exposure to asbestos below which no liability would attach to the Defendants. Mrs Willmore was exposed to asbestos whilst she was a school pupil whereas Mrs Costello was...

Having been a specialist injury solicitor for over 25 years, I am used to hearing the following phrases:- “My friend told me you should never accept the first offer they make.” “Insurers are always happy to take your money, but they will wait until the last minute until they pay out.” “My mate/uncle/bloke down the pub who had a similar injury got £20,000 more than that…” “I don’t care what you say, I’m not accepting £XXX and I am happy to take my chances...

What is a CRU Certificate? A CRU Certificate is a document issued by the Department of Work and Pensions Compensation Recovery Unit and shows the amount of recoverable benefit if any, which applies to your accident claim. Why have I received this CRU Certificate? You have received a CRU Certificate because you are making a personal injury claim for compensation. The Defendants are under a legal obligation to register all claims with the Compensation Recovery Unit. This will apply whether the claim involves...

The Personal Protective Equipment at Work Regulations 1992 came into force on 1st January 1993 and have since then proved invaluable in ensuring that people at work are provided with suitable and effective equipment to protect them against risks to their health and safety. That equipment can range from safety goggles to waterproof clothing and failure to provide it can result in the employer being held responsible for a personal injury claim or even being prosecuted and fined by the...

The courts have warned against creating an overprotective nanny state which robs young people of fun simply because there was some risk involved in certain activities. The comment was made in the case of The Scout Association v Mark Barnes where the Court of Appeal was asked to rule on the balance between the “sociable and educational value” of an activity and the risk of injury it presented to the young. The case involved a game that took place at a Scout...

Holiday Illness Compensation We are frequently asked to deal with food poisoning claims arising from holidays and trips abroad. Food hygiene standards overseas are often not as high as those we enjoy here in the South West. In the UK we are protected by the Food Safety Act 1990 which regulates how food should be handled, stored and sold. The Act requires food business operators to take all reasonable precautions to avoid contamination. If they fail to do so then they...

What is Legal Expenses Insurance and do I need it? Clients often ask us about Legal Expenses Insurance, sometimes known as LEI. LEI has been around for many years and is especially common on motoring policies. Confusion frequently arises from the fact there are two types of Legal Expenses Insurance. Before the Event LEI (BTE) This is the conventional type of LEI. Policies that are taken out prior to circumstances arising that might lead to a claim. BTE policies are frequently sold as “add...

An injury on holiday abroad can really ruin your well-deserved break and be horribly expensive in the short-term, even if you have good travel insurance. Being abroad just adds another worry to an already-fraught situation, but provided you keep your head, many claims for accidents abroad can be dealt with swiftly and effectively when you are back in the UK. Before 1992, things were very different. Bringing an accident claim in a foreign country, using foreign lawyers, was a daunting prospect....