Sometimes it is the case that the driver has simply not purchased motor insurance at all or sometimes it is the case that insurance HAS been purchased but is not effective for some reason (for example the person driving the vehicle is not entitled to drive under the policy, or information was not disclosed when the policy was put in place which leads the insurers to void the policy). 

It is a legal requirement that anybody who is driving a vehicle on the road must have insurance in place to cover them at least against a claim for injury to another person or damage to their car or property.

A question that is often asked of me is whether in the absence of motor insurance that means that a claim by another person for injuries or losses cannot proceed.  The simple answer is that this is not the case.  You may have heard of the Motor Insurers Bureau (MIB)- an organisation that exists to handle claims arising from a road traffic accident where the driver is uninsured for whatever reason. In cases where the responsible driver has no insurance or has defective insurance the claim is directed to the MIB. Sometimes they handle it themselves and other times it is dealt with by an insurer on their behalf.

There are a number of hurdles and hoops that need to be overcome in making a claim through the MIB but your solicitor can deal with those for you.  After that you are entitled to claim just as you would if there was insurance in place.  This means that you can claim for your pain and suffering from your injuries, any loss of earnings you have sustained because of the accident and any other losses such as medical treatment or expenses due to the accident.

When a claim is completed through the MIB they will ask you to sign a form of Assignment which then enables them to pursue the uninsured driver for recovery of the money they have paid out to you.  The MIB then take whatever steps they can to recover their outlays and you have no further involvement.   But other than that your claim proceeds exactly as it would do if the driver had been insured.

So if you should find yourself in the position where you are involved in an accident with an uninsured driver there is little to worry about.  Simply contact a solicitor who is experienced in such cases and you will be in safe hands.

As always, if you have any questions about making a claim just give me or John a call.  we are always happy to discuss matters with you and advise you on what steps you can take to pursue a claim.

We hear a lot about bad service from disgruntled clients who frequently switch to us. It’s particularly common when the poor injured person has called up one of the many dreaded TV “ambulance chaser” firms. Most of those firms are just marketing companies who simply sell your name and number to a law firm, along with many others in bulk. They charge the law firm a fat fee for hooking you, move on to the next call and forget about you.

The next problem with this is that the law firm has spent a fortune on buying yours and all of those other names and numbers and so they gear themselves up to deal with that “bulk work” by dealing with you like cattle.

They often have large teams of “claims handlers” who aren’t even fully qualified lawyers. Clients find that they often cannot speak to the same person twice, they get sent meaningless standard letters and endless questionnaires and they are left feeling like they are doing all of the work. The law firms are often based hundreds of miles away and have no empathy for you. It’s a production line and you are a commodity not a person. 

That is all just plain wrong and nobody should be expected to put up with it. It’s poor customer service and often it’s poor legal service. 

We don’t pay middle men or “ambulance chasers”. Over 70% of our work comes from recommendation and reputation and that is because we have genuine relationships with our clients. We meet as many of our clients face to face as we can. Those that we can’t meet we spend plenty of time talking to and we make sure that they have the same person to speak to and the same point of contact throughout their claim.

Surprisingly, it’s not just the TV “ambulance chasers” that can direct you towards poor service, other organisations that you would expect to be on your side often do so too. We have seen Trade Unions, people’s own insurers and membership organisations (all of whom you would expect you could trust) sell their members who have injury claims to the highest bidding law firm, again in bulk.

You are not a product or a commodity and you shouldn’t accept service that treats you like one. 

Best advice is don’t go near a firm like that in the first place, but if you already have done don’t put up with it. It is usually possible to switch to someone who can do a better job. Seek personal recommendations, or at least find someone who will give a personal touch. Speak to someone like us, suss us out, see if you like and trust us. People come back to us and recommend us all of the time.

Give us a call, or click the case evaluation button below.  

Over the Christmas and New Year holidays I have been looking at the area of Clinical Negligence and thinking about the impact on the lives of people who are affected when treatment does not go according to plan.

At some point in our lives most of us will require medical tretament of some sort.  This might just be in the form of visiting the GP  or attending hospital or having to stay as an inpatient.  Whatever medical advice you seek the fact is that you are entitled to receive competent advice and treatment.  On many occasions medical advisors get this right and you receive the treatment you need.  On other occasions however the treatment  may be inadequate and this can have consequences both in terms of the effect upon your health and also financially.  If this happens then you are entitled to make a claim to compensate you for the consequential  damage you have suffered.

To pursue a claim you will have to show that the treatment you received was below that which you were entitled to expect of a reasonably competent medical practitioner.  Effectively you will argue that the medical practitioner was “negligent”. 

Negligence on the part 0f a medical practitioner can arise in a number of ways.  In so far as GPs are concerned this can be in the form of failing to diagnose a health problem at all or there being a delay in diagnosing a problem which can have consequences.  GPs also have a duty to ensure that the medication prescribed for you is reasonable.  If you consider that your GP has failed in any of these areas with you and as result your health or finances have  suffered then you may be able to pursue a claim. 

Doctors and Consultants at hospitals also have a duty to provide an adequate standard of care.  In some cases a failure in this is obvious – for example you go into hospital and during surgery a sugrical tool or swab is left inside you or the hospital mistakenly treat the wrong limb!  But negligence is not  restricted to these “obvious” areas and if you feel that following treatment at hospital you are unexpectedly in a worse condition than before you went in then it s worth chatting this through with a solicitor – you may have a claim against the hospital.

A growing area of complaint I have seen  recently is in relation to the care provided on the wards.  Just like any other professional, ward staff have a duty to provide a competent and reasonable level of care.  If the treatment you receive falls below that standard and as a result you take longer to recover than expected or you develop other health problems you didn’t previously have, then again you may have a claim against the hospital.

The effects of inadequate tretament can be far reaching and if you think you have received substandard treatment whilst being treated by a medical practitioner then it is worthwhile seeking a legal opinion on whether you have a possible claim against them.  Not every instance of poor care will amount to “negligence” but it is certainly worthwhile asking a solicitor to consider this for you.

I am more than happy to discuss any matters with you and give you some guidance on what you may be able to do.

As the seasons change and regular annual events take place we do find that we receive enquiries about accident claims that match up with those seasons and events. With winter generally there are those accidents that you might expect, like car collisions caused by wet or icy roads and perhaps driver errors due to driving more in the dark. There are also more nasty slips and trips for the same reasons. The really snowy and icy conditions of the last two winters have certainly been tough for drivers and pedestrians alike. Thankfully, this winter has been much kinder, although who can tell what the rest of the winter will be like?

Around Christmas time we receive injury compensation enquiries about accidents caused by all of those normal winter scenarios, but there is one type of claim that is also very specific to Christmas time and that is where injuries are caused by faulty and/or dangerous goods. The most high profile of these are the ones that involve toys and injuries to children. These cases are pretty rare now because of the well established and policed consumer protection laws and regulations, but any faulty product can be an accident risk.

We have had many varied cases involving faulty goods over the years and these are known collectively as product liability claims. If you look you will see that we have devoted a whole page of our website to those claims under the “Causes of Injury” tab. I won’t repeat it all here, but you will see that these cases have their own foibles.

Modern developments in consumer habits have also given fresh challenges to bringing claims like these. For example, where goods have been bought second hand, say from ebay or gumtree or even a car boot sale, does the purchaser still have the same rights against the original manufacturer or importer if the product is faulty? The answer to that is not simple. 

If you have been injured by a faulty product then these factors might be important. For now, keep the product and packaging and all proof of purchase and seek some legal advice on your rights. You can call our free phone or just click on our free case evaluation button below and provide us with a few details. There is no obligation, we will talk it through with you and consider what your rights and options are.

That’s me finished for now, but 2012 looks like being an interesting year, what with the Olympics and the Jubilee to look forward to. 

Inevitably as the weather gets worse the potential for accidents increases.  Roads are obviously much more slippery particularly overnight and first thing in the morning when the temperatures have dropped.  The risk of accidents for road users increases. I always leave myself just a little bit of extra time for a journey at this time of year.  And my bike has been stored away for the time being – cycling on wet slippery roads seems a recipe for disaster…

Pavements and paths can also be hazardous.  I am amazed at the number of people I have seen already slipping and sliding their way along the street – and winter has only just STARTED!  Local authorities have a huge task at this time of year trying to keep pavements safe but rather than relying on this it makes good sense simply to make sure that adequate footwear is worn when out and about – a pair of walking boots or wellies may not be attractive but may save you several hours sitting in Accident and Emergency!

I am also mindful of what is happening outside my own front door.  I try and keep the path leading up to my door clear of ice and snow so that it is safe to use for me but also for visitors to my house.  An investment in a few bags of rocksalt may be a wise one.

I have also noticed that as the number of people visiting shops increases with the Christmas rush that floor surfaces are unusually wet.   Shop owners need to take care to try and ensure the safety of thier customers but a little extra care when out shopping may help avoid unpleasant injuries if you slip or fall.

Just because the weather gets worse does not mean that accidents are inevitable and that you just have to accept them.  Local authorities, shopkeepers and even householders have a duty to take “reasonable” care to make sure you are safe whilst going about your business.  Sometimes an accident is just that – an accident but sometimes you may be able to do something about it.  I hope this winter sees you accident free but if you are unfortunate to sustain an injury just give me a call and I will give you some advice on whetheryou may be able to make a claim.

Since this will be my last posting of the year this is a good time to  wish you a happy, safe Christmas and a succesful New Year.

Lorraine

I first wrote a blog about injuries suffered using pushchairs, and in particular Phil and Teds pushchairs, on the 10th June 2011, so you might like to go back and look at that posting. I updated the situation towards the end of my blog on the 2nd September 2011 and now I want to update you again.

I have now been contacted by no less than 7 people who have all suffered injuries whilst using one of these Phil and Teds pushchairs. Some of the injuries are more serious than others, but all involve a trapping/crushing/slicing action occurring when either opening or collapsing the pushchair.

There certainly seem to be nastier injuries suffered with the older Phil and Teds pushchairs, such as the V1 and V2 Sport models. They seem to have had various consumer alerts issued about them in various countries and suffer from the lack of a hinge guard. I think that this makes these potential claims both more valuable because of the nastier injuries and more likely to succeed.

My clients still need help from anyone who has had a similar pushchair injury or accident. You can help them in their claims by coming forward and I can probably help you with a claim too.

The first claim that I made for a client is well advanced and is progressing very well now. I can’t post any confidential details here, but it looks very likely to succeed now.

I have also had a call about an accident with a newer Explorer model double pushchair. Thankfully the injuries seem less severe in that case and there is, apparently, a hinge guard on that model. However, if anyone does have a similar problem with that model then it’s likely that if you get in touch we can help one another out.

Whilst it is clear that pushchairs have to be designed to be collapsible these days, some manufacturers have seemed able to design safer mechanisms than others to achieve this. Those who haven’t managed to design and make pushchairs collapsible safely are exposing users to an unacceptable and unnecessary risk of injury.

So if you have had any kind of pram injury, pushchair injury or any accident involving them please call or email me. The easiest way to email me is just to click on the free case evaluation button just below this text.

You can help me and my clients and I can help you.

That’s all for now.

John  

I was  driving along the M62 Motorway last week and in the short journey I was making I spotted no less than 4 minor road traffic accidents.  Fortunately none of them appeared to be too serious but it served as a reminder that the number of accidents on the roads increases during the winter months. Roads are often more slippery, visibility reduced and generally travelling conditions are much poorer.

We all need to much more aware when driving in the winter months.  Simple precautions like leaving more time for a journey so we don’t feel pressurised about arriving late, driving at sensible speeds for the road conditions and keeping a safe distance from the vehicle in front all contribute to keeping us safe whilst on the roads.

Inevitably accidents will happen and then you will need good advice about what to do next.  The first thing to do is to check if any body has been injured and if so to call for an ambulance and the police. Then make sure you take the details of the other vehicles involved including the driver’s name and contact details and the make and registration number of the vehicles.  If possible also obtain the other driver’s insurance details.

The next step is to notify your car insurers about the accident. If your vehicle is comprehensively insured they will then arrange for your vehicle to be taken for repairs.  If you are not comprehensively insured then you will need to claim for your vehicle damage from the insurers of the vehicle responsible for the accident. You may need legal assistance with this,  particularly if there is likely to be any dispute on who was at fault for the accident.

You can also make a claim for compensation for any financial losses you have incurred because of the accident including any hire charges for a replacement car, loss of earnings if you are off work because you were injured in the accident, medication and treatment costs and any other expenses or losses directly due to the acccident.  You will almost certainly need expert legal advice in pursuing claims for these and it makes good sense to choose  with care a solicitor  to help you.

In choosing your solicitor make sure that he/she is an expert in the area of personal injury claim and so  can give you best advice.  Also check how your solictor will be paid for the work on your claim.  Most firms will offer a No Win No Fee agreement if your case has reasonable prospects of success – just check in advance that this is the case for you.

Happy winter motoring and looking forward to spring!

Lorraine

The human body is tremendously complicated and no two patients are the same, so medicine is not always capable of producing the right outcome, no matter how well the care or treatment is given.

To a certain extent the law recognises that healthcare is a special case. Establishing a negligence case against a doctor, healthcare professional or health Body/Trust is extremely challenging. It is very different to a normal mainstream personal injury case.

In a normal accident claim it can often be straightforward to establish that, say, a driver drove negligently, or an employer failed in his or her duties to provide a safe system of work.  Clinical negligence claims are simply not like that.

Clinical negligence claims, often called medical negligence claims, have a more complicated path to take to succeed.

Put very simply, to succeed in a clinical negligence claim you must prove that,

1. There were serious mistakes made in your treatment, which no competent doctor in that field of medicine would have made and,

2. That those mistakes or errors caused, or at least contributed in part to causing the condition or injuries you are now suffering

You can see, particularly from the first point, that the law affords some significant protection to doctors and it is clear that a bad outcome for treatment does not automatically mean that the doctor has been negligent. The treatment must have been worryingly bad as judged against medical peers.

It is generally accepted from a public policy point of view that this qualified protection for doctors is right. Otherwise doctors might act defensively and refuse to offer risky or innovative treatment.

Where does this leave the individual concerned?

They are often left with an unexpected and distressing outcome from their treatment. This is often extremely upsetting and there can be a natural reaction to blame the doctor and healthcare team. Sometimes that might be justified, sometimes not.

Comprehensive formal complaints procedures exist and when someone has had a really bad experience or outcome invoking that is often the best step to take first. However, because of the complexity, both legal and medical, it is often best to see a lawyer even before considering or submitting a complaint. They might be able to help you to refine and express your complaint clearly.

Once you are contemplating actually starting a claim then you really ought to consult a lawyer. Most ought to see you for free, at least at first. We certainly do.

The lawyer can then listen to you, hear the details of your experience and consider your options with you. It is usually impossible to tell whether the claim will succeed at this early stage, but the lawyer will be able to explain the process.

Funding a clinical negligence claim can be tricky, but there are various options available and the lawyer ought to explain them to you. Do make sure that the first meeting is free though!

If we can help give us a call or click on the free case evaluation button below.

John

There are of course risks with every surgical procedure and if it does not go according to plan it may not be as a result of anyone’s  fault – it was just one of the risks to be expected of the surgey.   But doctors owe a “duty of care” their patients to manage the risks and to provide a  reasonable and competent standard of care.  And if doctors fall below that standard then you may be able to bring a claim for the injuries suffered and the financial losses that follow.

Solicitors refer to this area of law as “Clinical” or “Medical” negligence and it covers just about every occasion where the care you receive falls below the standard you are reasonably entitled to expect.  The obvious example is the one I watched the programme on  – where a surgeon left a surgical instrument inside a patient.

But clinical or medical negligence is not restricted to such cases and I have come across many instances where the care provided by nursing staff on the ward has fallen below the expcected standard. In those cases too a claim can be brought for the health problems that follow.

And clinical/medical  negligence is not just about care you receive in hospital – your GP also owes you a duty of care in treating you.  This means that your GP has to promptly diagnose the symptoms you go to see him about and if appropriate refer you for specialist investigation or treatment.  If your GP fails to diagnose your symptoms at all or delays doing so and your health suffers as a result then you may be able to bring a claim against the GP

The duty of care owed by GPs also extends to prescribing you appropriate and correct medication.  The effects of incorrect medication can have serious effects on a patient’s health and cause long term problems and financial losses.

If you believe that the treatment you have received at hospital by a doctor or other health professional or by your GP was below a reasonable standard then it is worth taking legal advice on whether you can bring a claim for the injuries and losses that follow.

Accidents at work form a large proportion of our case load and they can be as diverse and different as the myriad workplaces and jobs are diverse and different to one another.

Looking at recent tragic events you can see that an accident at work for, say, a coal miner is likely to be very different to one suffered by an office worker or a delivery driver. However, there are common themes to all accident at work claims and very often similar issues need to be addressed and facts proved if a person who has been hurt at work is to win and pursue a compensation claim successfully.

When we all go to work in a morning (or whenever) we have a quite reasonable expectation that we will go home again at the end of the working day in one piece. Whether we are aware of it or not, the law protects us in the work place in many ways because it puts serious duties and responsibilities on anyone who employs someone. Even self employed people are afforded many protections from the law too.

Some of the legal duties on employers are pretty much universal and apply to all jobs and workplaces. For instance, if an individual or a company employs someone they must have Employers’ Liability insurance, or an “EL policy” as it it usually called . The policies are actually supposed to be displayed in the workplace, but that often gets overlooked.

This requirement to have EL cover means, amongst other things, that if you do have an accident and have a strong claim, then you are safe in the knowledge that the claim will be investigated by an insurance company who are good for the money if you succeed. Insurers are canny and tough though, so you would need a lawyer to fight your corner against them. Even if the employer goes bust or is disreputable, you have the protection of the insurance.

Many other legal duties and responsibilities of employers in the workplace are much more work type related. For example, construction work is recognised as a hazardous job and so there are literally hundreds of pieces of legislation relating to it, from working at height regulations to ear defence requirements and compulsory personal protective equipment requirements. By contrast, in an office environment other laws are more relevant, such as those related to working with computer screens and those governing the need to have clear walkways, uncluttered by cabling and other hazards.

Good employers comply with the rules and regulations and, guess what, their workplaces are safer. This means fewer accidents and reducing or at least reasonable  EL policy premiums. Everybody is happy!

By contrast, bad employers perhaps don’t follow the rules and regulations. This means more accidents, needless and preventable injuries and a lot of trouble, bother and expense for the employer, possibly even a criminal prosecution in the worst cases.

Health and Safety has been pilloried as a cultural thing – we’ve all heard about the “nanny state”, or “health and grumpy” and it is true that some people or institutions go over the top and beyond both the law and common sense with this issue. However, the serious side of Health and Safety is that it has dragged the workplace out of the dark ages and we ought never to see terribly senseless accidents like limbs being ripped off by ungaurded machines or drivers driving until they are sleeping at the wheel.

Anyone who has an accident at work these days and is hurt ought to consider making a claim very seriously. It is likely that their employer has let them down and that they have a decent chance of succeeding. If you have had an accident why not try our free claims evaluation? Just click the link below this.

That’s all for now!