Success fees are the “hidden cost” of personal injury claims. They reduce the amount of compensation you receive from a personal injury claim after that compensation figure has been fixed and paid. Success fees are fees that are paid out of compensation (awarded or agreed) by successful personal injury claimants to their solicitors or claims management companies under a success fee agreement. In this article, we will look at how the Scottish Government wishes to regulate the maximum levels of success fee that can be charged – to provide a better financial outcome for injured people than they often get at present. First of all, in order to understand the context in which this is all happening, we need to look at wider changes that will soon affect Scottish personal injury claims. The Scottish Government intends to change the way personal injury claims are run in Scotland. This follows similar changes brought in in England and Wales. One big proposed change is to reduce Continue Reading
3 ways to maximise the power and benefit of important evidence
Memory scientist, Julia Shaw, gave a talk at TEDx London in July 2018 about reporting harassment and discrimination in the workplace. Dr Shaw is an honorary research associate at University College London in the Psychology and Language Sciences department. Women, people of colour and people who identify themselves openly as part of the LGBT community are most at risk of harassment and discrimination in the workplace. Some studies have shown that as much as 98% of affected persons will never report this type of mistreatment to their employers. One barrier to speaking up is the fear that it will be held against us and affect our future prospects in the job. Another is the fact that, often, your memory is the only evidence you have of what happened. Will that be enough to be believed? Dr Shaw has researched – in courtrooms as well as laboratories - how humans process memory of important and emotionally-charged events. The interview process is important. By “interview”, Continue Reading
Knee injury compensation claims
Dr Carl Wunderlich, who died in 1877, is famous for his measurement of average healthy body temperature of 37°C. (98.6°F). Using a thermometer reputedly a foot in length - and needing 20 minutes to register the temperature – he tested around 25,000 patients and took over 1 million readings. He was at the forefront of medical science for his time but his “normal body temperature” of 37°C has gradually been seen as an oversimplification of reality. In fact, normal temperature is actually a range because no two human bodies are the same. In addition, we all react differently to external factors and disease. Body temperature can also vary according to: how much we’ve eaten; our stress levels; hormones; and different levels of exercise. Something – normal body temperature - that, at a glance, seems simple turns out to be much more complicated. And this is also the case with the human knee. On the face of it, the knee simply joins the top of the leg with the bottom of the leg. Continue Reading
Dental negligence claims
Rock climber, Alex Honnold, completed the first free-solo ascent of El Capitan, in Yosemite National Park, California in June 2017. In other words, he climbed it by himself – all 2,900 feet of the route known as “Freerider” - without any ropes, taking just under four hours. In a TED Talk about his incredible accomplishment, he explains the sense of anti-climax he had after a previous free-solo first – the ascent of Half Dome (also Yosemite) – in 2012. That peak can also be reached by walkers, via a path up another side of the mountain from the rock face. As he struggled at the crux of the climb, just below the summit, he could hear people chatting and laughing above him, unaware of his presence. He had climbed Half Dome before, with ropes and full climbing gear. On those occasions, because his clothing and equipment marked him out, the regular hikers had greeted him at the mountaintop with gasps of adulation and crowded round him for photos. Not so, on this Continue Reading
How not to market your personal injury claims services
That's right. You don't spell it "nuisiance". But spelling mistakes in stock photography are not regarded as a nuisance at Moray Claims. They brighten our day. Anyhow... Like all businesses, law firms must market their products and services. In the end, it all comes down to trust. Having a website with a wide range of educational information is part of the process of encouraging you to get to know, like and trust the solicitors (or other legal services provider) marketing their services to you online. Beyond that, the first impression you get - when you pluck up the courage to contact a solicitor - will be important to you. Most websites have contact forms you can fill in and submit. Should you choose to make contact by phone, however - How long does it take for the telephone to be answered? How long will it take for your call to be transferred to a solicitor who might actually be able to deal with your case? One thing which comes up repeatedly in advice Continue Reading
Ways to make sure that insurance will cover payment of your personal injury claim compensation
One of the first things a personal injury solicitor will consider, if you have a potential claim, is how you are going to get paid. (Yes, they’ll also think about how they might get paid for any work they do, but the first consideration has to be how easily you will recover compensation). It’s partly about whether you’re likely to be entitled to compensation - can you prove breach of duty or negligence? Fundamentally, though, it’s about ensuring as far as possible that, assuming your claim does succeed, someone will be there to pick up the tab – to pay you the compensation. Ideally, you want to know that there is insurance cover and that an insurance company will pay out on your claim. In this article, we will look at three aspects of insurance in relation to personal injury claims. Firstly, when can it happen that there is no insurance? Second, in which situations ought there to be insurance to cover personal injury compensation? And, finally, what steps does the law take to Continue Reading
Getting the sack for making a personal injury claim (health and safety protections)
The fear of being dismissed. It’s a fear that prevents many people claiming compensation for personal injury sustained at work. We’ve considered this general issue in other articles. In this article, we focus on protections which might apply via employment law, and health and safety law. It’s a discussion of health and safety at work, workplace danger and sections 44 and 100 of the Employment Rights Act 1996. Employers have extensive health and safety duties towards employees. And also to workers, self-employed people and visitors to their workplaces. The principal legislation in relation to health and safety is the Health and Safety at Work Act 1974. This sets out basic health and safety duties. They apply to companies, directors, managers and employees. As the director or owner of a company, you have potential personal liability as well: you can't hide behind your company. The nature and extent of the duties in practice will depend very much on the type of business Continue Reading
Why an accident in Scotland means you need advice from a Scottish solicitor
If you have an accident in Scotland, you need to get advice from a Scottish solicitor. People contact us with personal injury related questions via this website from all over the place (not always in the UK and not always even in Europe). Where the enquiry is about an accident that happened outwith Scotland, we cannot help you directly but we can often use our professional contacts to point you in the right direction. It’s even more focused than "Scotland" for us, however, because we concentrate our main efforts on helping clients in our home area of Moray and a bit beyond that. One phone enquiry we received recently caused us a lot of concern and that’s the seed for this article: The risk that you might have a question about injuries arising from an accident in Scotland but not get advice from a Scottish solicitor. Here’s (an anonymised version of) the scenario that came from the phone enquiry mentioned above. A parent of the caller had died as the result of a road Continue Reading
Why cyclists must get legal advice about a possible personal injury claim
The volume of water that breaks off Antartica as icebergs each year is greater than the total global consumption of freshwater. And icebergs are pure freshwater. Not for the first time, schemes have been proposed to tow icebergs to hot, water-stressed regions of the world. In Spring 2018, for example, before the rains finally came, the four million people in Cape Town, South Africa, came perilously close to ‘Day Zero’ – when they would run out of water. Though the idea of using icebergs in this way originated as long ago as the 19th Century, no plan has ever been put into action. The idea makes even more sense when you think of icebergs otherwise being “wasted” by melting into the salty seas. Of course, another feature of icebergs is that much more of them lie below the waterline than above. Ships need to be aware that initial appearances are deceptive where icebergs are concerned. In this article, we are going to consider why a superficial approach does not work and why Continue Reading
5 tradesman-related issues to consider if you are getting work done on your house
At Grigor & Young (Moray Claims is a trading name of Grigor & Young) we get a lot of enquiries from people who need legal advice in relation to work done on their house, usually somewhere in Moray. This covers everything from new builds to renovations and extensions. The types of contractors involved include builders, electricians, plumbers, joiners and double-glazing companies. In varying degrees, these situations are a "nightmare" and, as we go on to explain below, it is often not financially realistic to engage the services of a solicitor to help you. Essentially, this article is an effort to warn you of the need to plan and organise various things at the beginning rather than leaving them until later - when things have already gone wrong and it's "too late". Unlike many articles on this website, while we still hope to educate and inform you, we're not hoping to get business from it... If you’re going to get work done on your property, here are 5 things to Continue Reading
3 Important Features of Accidents involving Work at Height
Sunday, 26 August 2018 marked the 90th anniversary of the “snail in the ginger beer bottle” incident. While enjoying a drink with a friend in the Wellmeadow Café in Paisley, May Donoghue found an unwelcome addition to the contents of her bottled drink in the form of a decomposing snail. The injury she suffered when she drank the unpleasant mixture gave rise to the case of Donoghue –v- Stevenson, one of the most famous personal injury cases of all time. Though you would more readily link cheese with a mouse than ginger beer with a snail, it was ironic that a dead animal should again feature in a personal injury scenario reported so close to Donoghue –v- Stevenson’s 90th anniversary. On 22 August 2018, Kirkwall Sheriff Court dealt with a criminal prosecution arising out of an accident in a cheese factory in Orkney. A dead mouse caused an employee to have to work at a height from which he (the employee) fell and suffered injury. In this article, we will look at three aspects Continue Reading
Why would you want to become a Personal Injury Solicitor?
When I was a child, my parents used to get the Reader’s Digest and I was fascinated by a regular feature in that, called "Drama in Real Life". They would have titles like: One Handhold from Death, 'Pull me out!' and The man who wouldn't jump. These articles would tell the story of how do someone survived a situation of great personal peril, which could be anything from a natural disaster to a hotel fire or an accident at work. Often, other people involved in the situation did not make it out alive. This would get me thinking about how better precautions or preventative measures might have been taken so as to avoid the injury and loss of life. As I grew older, I remember failings of frustration in situations where I felt powerless because I did not know my legal rights. It has been said that "If you don't know your rights, you don't have any". What I perceived as injustice in many situations really frustrated me. It got me thinking that, if I knew about my Continue Reading