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Personal Injury Blog Category

07th December 2018
In November 2018, the UK government published its response to a public consultation on road safety for cyclists and pedestrians. As a personal injury lawyer and a keen cyclist, I contributed evidence as part of the consultation – I have also been considering the Department for Transport’s response and future plans. The government’s ultimate aim is clearly expressed: by 2040, most people should travel short…
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26th October 2018
The use of surveillance evidence in personal injury claims is becoming more and more common. Insurance companies representing defendants continually use undercover surveillance to question a claimant’s credibility or undermine their claim. An insurer may consider it worthwhile and cost-effective to gather this type of evidence if there is a possibility that the value of a claim might be substantially reduced or perhaps even dismissed…
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05th October 2018
For accident victims who have suffered life-changing injury the fight for justice can be a long and arduous process but, despite the constant reminders their injuries bring, most of our clients are focussed positively on getting their lives back – although many find it hard to come to terms with the limitations of the criminal justice system. Too frequently, it seems, drivers who have caused…
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07th September 2018
Members of the public might consider that, on returning from their long vacation, our MPs will set about the most urgent tasks. You might not consider that one of the first matters that they will be dealing with is the Civil Liability Bill. The Government, following many years of insurance company lobbying and discussion, is seeking to impose a tariff on whiplash damages and increase…
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14th August 2018
The effects of traumatic or non-traumatic brain injury depend upon a number of factors but, in general, symptoms can range from physical and cognitive to emotional and behavioural. Rehabilitation is crucial – not only to the survivor but also to their family, if they are to cope successfully with any remaining disabilities. However, the benefit of yoga as an integral part of traumatic brain injury…
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20th July 2018
Currently each European Union country is subject to laws enabling anyone who is unlucky enough to have a car accident abroad to make a claim in their own country against a foreign insurer and, by law, every EU insurance company must be represented in every EU country. So if you have an accident in France, for example, you can claim directly through the insurer of…
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13th July 2018
According to the children’s game, stepping on the lines between paving stones was to be avoided at all costs, although the penalty for doing so was often unclear. However, the unfortunate consequences of stepping on a defective drain or manhole or drain-cover are clearer. Injuries sustained in this way range from grazes and shock to broken bones and, in extreme cases, death – and raising…
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25th May 2018
The Law Reform (Contributory Negligence) Act 1945 provides for apportionment of responsibility for loss between a personal injury claimant and defendant if both have contributed to the damage – and when it is proved that the claimant’s own negligence contributed to the damage or loss, a defendant is often required to pay a significantly-reduced sum in compensation. Contributory negligence defences are common in personal injury…
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04th May 2018
Technological advances have enabled prosthetics manufacturers to create some incredible devices for amputees – but these limbs do not come cheap and the National Health Service has competing priorities and demands on a finite budget. NHS England plans and buys specialised services for people with complex disability needs, including lower and upper limb amputees – according to its website, the NHS works to ensure it…
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13th April 2018
As a society we have used insurance as a method of transferring or distributing risk for centuries – UK property insurance can be traced back to the aftermath of the Great Fire of London in 1666. An insurance policy provides protection from financial loss: premiums paid by insurers’ customers are pooled to establish a collective fund that pays for individual losses. But it is worth…
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