Accident Claims and Personal Injury

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In 2006 David Tolley was travelling south on the M53 when a vehicle overtook him and lost control. Mr Tolley stopped to assist the driver. However, whilst doing so he noted that there was another car stationary in the fast lane on the northbound side of the motorway. Realising the danger this presented, Mr Tolley crossed to the central reservation to assist the female driver from her car. Having rescued the driver, David Tolley was aware that there was a serious...

At a recent hearing at Rhyl County Count a Judge ruled that Gloria Brown must pay £13,000 in compensation following an accident involving her mobility scooter. It was alleged that Mrs Brown had caused injury to a member of staff at a Morrisons supermarket when her mobility collided with the claimant. In her defence Mrs Brown argued that her mobility scooter had itself been struck by another mobility scooter being used by another customer. It was this collision, she said, that...

Personal injury solicitor James McNally advises caution when interpreting the results of Waddell's tests. The results of 'Waddell’s tests' in a medical report are always of interest to defendant personal injury lawyers. They hope that the tests will show the claimant to be a malingerer who is exaggerating their claim in the hope of a larger financial settlement. However, the outcome of these tests is often misunderstood and the presence of abnormal illness behaviour or non-organic pain does not necessarily mean that the claimant is exaggerating. Waddell’s...

James McNally investigates the possibility of strict liability under the Animals Act 1971 James McNally is a partner at Slee Blackwell Since the House of Lords decision in Mirvahedy v Henley & anor [2003], claims for injuries caused by animals have caused claimant and defendant solicitors equal amounts of stress and confusion, and have kept the Animals Act (AA) 1971 topical for almost six years. In the past two months DEFRA has closed its consultation on a proposal to amend s2(2)(b) AA...

Contributory negligence is a commonly used piece of legal jargon, particularly in personal injury claims. In the context of an accident claim contributory negligence is the extent to which a claimant is personally responsible for the injuries they have sustained. The legal thinking behind the concept of contributory negligence is that claimants are often able to avoid or reduce the severity of their injuries by taking more care of their own safety. The principle has therefore been established to reflect the...

A new Surgical Checklist has been published by the World Health Organisation which is expected to lead to an improvement in patient mortality figures and the number of patients experiencing complications following surgery. Surgical teams are often composed of many different medical specialists and this can lead to problems. The new one page checklist, which is simple to complete, focuses on basic good practice and teamwork both before and during surgery. Samantha Robson, Head of Medical and Clinical Negligence at Devon based...

The shocking news that a woman in Suffolk was this week killed by stampeding cattle whilst out walking her dog in field is a salutary lesson to us all to carefully observe our rights and obligations as members of the public and as landowners who have public footpaths crossing their land. This is an increasing concern to landowners following the Governments introduction of the so called “right to roam” legislation. The Countryside Code for walkers has received a great deal of...

A recent decision by the Law Lords is likely to help victims of rape and sexual assault. Mrs A has been given the go-ahead to bring a claim for compensation against Iorworth Hoare, who was jailed for life for attempted rape and sexual assault in 1989. Shortly after the assault Mrs A successfully applied for damages under the Criminal Injuries Compensation Scheme but was only awarded £5,000, despite her significant psychological injuries. At the time of the attack Hoare himself was...

A recent poll (of 13 people in this office) revealed not only that tadpoles were the most popular pet but that of the 84.6% of us who had pets only 36% had insurance. If this is representative of the rest of the country it would mean that the majority of us are not just in danger of expensive vet’s bills but possibly expensive legal bills as well. This is because the House of Lords has decided that if an animal...