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Personal Injury Blog Category

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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09th April 2018
If you are injured at home in your rented accommodation and your accident was not your fault you may have grounds for a damages claim. As the occupier of a property you do not own, you have limited rights and obligations to effect necessary repairs. Although a responsible landlord will have made sure the property is safe before your tenancy begins, we are often asked…
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09th March 2018
When accident victims sustain a traumatic brain injury, they can lose their capacity to litigate or to manage and control any money that is recovered in damages. In such cases, a claimant deemed to be a 'protected party' must be supported by a ‘litigation friend’ who can conduct the proceedings and make decisions on the claimant's behalf, subject to the court's approval when necessary. If…
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05th March 2018
Previously in this column I have written about insurer-led government plans to reform the compensation system for lower-value injury claims. If implemented unchanged, these plans could effectively ban many soft tissue injury claims – and this may seriously erode your ability to access justice when you need it the most. Earlier this year the government announced plans to implement its new injury claim rules at…
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19th February 2018
The devastating loss of a loved one killed through someone else’s fault is a situation that, frankly, our law struggles to deal with: what value should be put on the loss of a life, and how should compensation be calculated? The dreadful answer is that, although financial costs such as funeral expenses can successfully be claimed, in law a life in itself has no financial…
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