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Personal Injury Blog Category

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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26th January 2018
The High Court in London recently gave guidance on the provisions of fundamental dishonesty and the potential consequences for anyone found to be making a fundamentally dishonest personal injury claim. In the case of the London Organising Committee for the Olympic and Paralympic Games (in liquidation) v Sinfield the court ruled that a volunteer injured while working at the 2012 London Olympics was fundamentally dishonest…
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22nd January 2018
More and more people are discovering the joys of strolling in the countryside and most of those who enjoy rambling in the great British outdoors do so in the knowledge they are likely to come across hazards and obstacles – so can you claim compensation if a walking accident causes injury? One of the key elements in pursuing such a compensation claim is to establish…
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21st December 2017
And so Christmas is here – the time of year when happiness abounds. It is the season for fun and festivities, family gatherings, time spent with old friends and new, reunion with loved ones, presents, laughter, all-round Christmas cheer. But it is also prime season for alcohol-related road accidents. The current maximum sentence for drink or drug-driving is 14 years, and soon even a short…
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