Personal Injury Blog Category

Surveillance evidence is increasingly used in injury claim cases – is ‘big brother’ watching you?

26^th 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…

Road accident victims injured in Europe are bound by local law – but English courts can award compensation

20^th 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…

Forget not stepping on the lines, they’re safer for pedestrians than drain covers

13^th 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…

Contributory negligence – apportioning blame can make a big difference to compensation claims

25^th 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…

Personal injury amputee claims – who should pay the price for prosthetics and remedial care?

04^th 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…

Claims for injury caused by poorly-maintained accommodation

09^th 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…

Exaggerating part of an injury claim jeopardises the whole claim in court

26^th 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…

Watch your step in the countryside – rural slip and trip compensation claims rarely succeed

22^nd 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…

Law courts offer no place to hide for dishonest injury compensation claimants

13^th November 2017

A recent Portsmouth County Court ruling decided a compensation claim, which resulted from a low-speed car accident, was fundamentally dishonest – and the claimants are now likely to be ordered to pay the defendants’ legal costs. On appeal it was argued that in their defence the defendants should have clearly stated they intended to allege fundamental dishonesty but the appeal court disagreed. Our courts will…

Third party liability insurance – are you covered?

08^th November 2017

For some years now the Road Traffic Act 1988 has been in conflict with European directives on insurance and providing cover for third party liabilities but, notwithstanding this, successive UK governments have failed to implement these European directives. More recently, court cases such as Damijan Vnuk –v– Zavarovalnica Triglav (2013) and Delaney –v– the Secretary of State for Transport (2014) have repeatedly indicated that court…

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