Accident Claims and Personal Injury

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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....

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...