It's been another year of article writing and content production at Moray Claims. Topics have included newsworthy cases and general issues in personal injury law. As we have done previously, we end the year with a round-up of 5 posts from our blog which have attracted the most attention via organic search in Google. So, in reverse order, counting down from number 5 ... 5. How long do I have to make a personal injury claim? No claim for personal injury lasts forever. Time limits apply. If you’ve been injured as a result of an accident, it’s important to know how much time you have within which to make a claim for compensation. This article discusses the ‘practical’ time limits as well as the actual ones, considering why it’s important to know how much time you have, what needs to be done ‘in time’, and why it’s not a good idea to leave claiming until the last minute. 4. All-Scotland Sheriff Personal Injury Court With effect from September 2015, Continue Reading
Jury Trial Risks Highlighted By Dog Bite Case
New Year’s Day in Scotland is a time when families get together to eat, drink and celebrate. Margaret Ferguson went to such a gathering, at her brother-in-law’s house in Dundee, on 01 January 2011. She ended the evening with a serious injury to her face: a full thickness laceration of the left side of her upper lip, extending to and involving the corner of her mouth. Over several months, she went on to need several surgical procedures. The injury left her with permanent scarring. Dog bite The cause of her injury was a bite by her brother-in-law’s Scottish Terrier, Dougal. The dog was nearly 10 years old and suffering from arthritis. As to Dougal’s character, he was “by all accounts, a very friendly good-natured little chap.” So why did he bite Mrs Ferguson? There was a dispute about the circumstances. Mrs Ferguson’s version of events was that, while sitting on the sofa, she had turned round to speak to her husband. At that point, Dougal had suddenly jumped forward and Continue Reading
22 Injury Questions To Answer So You Maximise The Value Of Your Claim
If you have been injured in an accident and are making a claim for compensation, your solicitor needs as much information as possible about your injuries and their consequences so that the full extent of your claim is understood and you can be properly compensated. Most solicitors specialising in personal injury work will have a system of questionnaires or standardised questions to make sure, as far as possible, that no issues are left unexplored. We hope that, by highlighting the following matters, it will help you to understand the sort of issues which could be crucial in your particular circumstances. The injury questions to answer so you maximise the value of your claim will be different in each case. It is unlikely that all of the questions will be relevant to you, but many of them will be. We hope that at least one or two of them might make you think about things you had not considered before now. Injury questions Do you still have any pain or discomfort or have Continue Reading
"Dear Peter Thank you very much for your kind response to my enquiry. Thanks to your help I have found a solicitor in my local area that can help me. I am very grateful for your help. Kind regards Leanne" Continue Reading
Will Writer Problems Highlighted By Consumer Research
In Scotland and elsewhere in the UK, some legal services can only be provided by regulated legal professionals, such as solicitors and advocates. However, legal advice in other areas, including will writing, may be delivered by people who are not regulated. The risks of lack of regulation In a House of Commons debate on the issue in 2008, Lorely Burt (then MP for Solihull) commented that: “ …someone could be a convicted fraudster, set up as a will writer tomorrow with no qualifications, experience or professional indemnity insurance and proceed to dispense advice on tax, inheritance laws and so on. Most consumers are unable to judge the quality or value of the service that they are getting, so it is no exaggeration to say that will writing has become a happy hunting ground for the incompetent, the dishonest and the fly-by-night operator.” She also went on to acknowledge that there were many ethical operators and, indeed, professional bodies for will writers. Nevertheless, as she Continue Reading
How Long Until My Claim Finishes (Once Liability Is Admitted)?
[NOTE: This article is now also a podcast episode, which you can access here, if you would prefer to listen to the content rather than read it] "If the insurance company admit liability and arrange for an independent medical report, how long do they get to make a settlement offer?" This is a question we received via a Free Enquiry to our website. Another way to put the question would be: once the third party insurers have accepted responsibility to pay compensation to me, how long until my claim finishes? Assumptions made: no solicitor but "proper" medical examination In order to answer the question, we have to assume some things: That you do not have a solicitor and that you are dealing directly with an insurance company. (You say that they have admitted liability and so they should be willing to make an offer of compensation to you.) That the insurers have instructed an independent medical expert, who has examined you and the relevant medical records. (The Continue Reading
"I broke a bone in my foot as a result of a fall on a footpath in the centre of Elgin. I tripped at a point where the path had not been properly finished and there was a lump of concrete sticking up. Peter Brash was excellent in guiding me through the process. Nothing ever seemed to be a bother. He kept me constantly updated via phone calls and face to face meetings. The Council accepted responsibility for the defect in the footpath and my claim for compensation was successful, without the need for a court action. I feel I received an efficient and very professional service. I especially liked the fact that I was able to deal with a local solicitor. Keep up the good work." AS, Hopeman Continue Reading
All-Scotland Sheriff Personal Injury Court
From 22 September 2015, Scotland has a new personal injury court available for compensation claims by victims of accidents. Scotland is divided into 6 Sheriffdoms: Tayside, Central and Fife; South Strathclyde, Dumfries and Galloway; North Strathclyde; Lothian and Borders; Grampian, Highland and Islands; and Glasgow and Strathkelvin Within each Sheriffdom, there are several Sheriff Courts. Scotland has 49 such courts, each covering a defined geographical area. A remarkable Sheriff Court The unusual feature of the Sheriff Personal Injury Court is that it sits only in Edinburgh but has jurisdiction extending across the whole of Scotland. So, for example, if you are injured in an accident in Moray, before these changes, your Sheriff Court for a damages action would only have been Elgin Sheriff Court. Now, you can choose between the local Sheriff court and the national all-Scotland Sheriff Personal Injury Court. The increased importance of Sheriff Courts Continue Reading
Financial pressure to return to work too soon after an accident?
If you are off work as the result of an accident, you can easily find yourself under increasing pressure to go back to your job before you are fully fit to do so. Many people are forced into making a claim for personal injury compensation due to financial stresses. Often, this is because their employment does not provide sick pay at full pay or even half pay rates. If you are more or less immediately on Statutory Sick Pay through absence from work after an accident, you will inevitably have worries how you will manage to pay your bills and provide for your family. This wage loss seems especially unfair, if you were injured at work. If you live in Moray or have suffered a personal injury accident in Moray, we can help with advice on a possible personal injury claim. We can take any claim on directly, if that is in your best interests. We will refer you on elsewhere if we think that’s a better option for you. Our priority is to make sure everyone with a valid claim gets fair Continue Reading
Should you settle a personal injury claim without getting legal advice?
We would advise anyone who has been injured in an accident to get specialist legal advice as soon as possible. Economics alone suggest that you cannot rely on an insurance company to give you a fair deal, if you choose to handle your claim yourself. (Their primary duty is to their shareholders, not to you). Unfortunately, there are all sorts of other potential conflicts of interest for third party insurers as well. Only an independent, specialist solicitor will be truly on your side and hold your best interests as paramount. If you live in Moray or have suffered a personal injury accident in Moray, we can help with advice on a possible personal injury claim. We’ll help you directly if that's what is in your best interests. We will refer you on elsewhere if we think that’s a better option for you. Our main aim is to make sure everyone with a valid claim gets access to the justice they deserve through the solicitor who is best-placed to help them – in terms of experience, Continue Reading
3 Non-Financial Benefits of a Personal Injury Claim
What are the non-financial benefits of a personal injury claim? Personal injury claims are about compensation for loss. The law measures that loss in money terms, even though some losses cannot easily be valued financially. It’s straightforward to work out the wages you’ve lost from being off work as a result of your accident. Well, it is compared to valuing your injuries. And how can you put a fair value on a broken arm, let alone the death of a relative, anyway? In making a personal injury claim, money may not be the most important factor for you. For some people, it’s of no importance at all. The law looks at personal injury claims in terms of money but there are non-financial benefits associated with personal injury claims and it is worth considering them. They might be what persuade you to proceed with a claim where, otherwise, you might decide not to bother. Better understanding of your injuries, present state of recovery and prognosis In cases of serious injury, Continue Reading
Personal Injury Claim First Enquiries – How Much Scope For Free Advice?
We end most articles on this blog with a call to action along the lines of “get in touch if you have any questions – all initial enquiries are free”. We’ve received a request for clarification of this. The question came via email - “When is a contract deemed to have started after first enquiry?” I take that to mean: at what point do you get beyond the point of initial enquiry, where everything is "without obligation", and get bound into taking things further with that particular solicitor? With personal injury claim first enquiries, how much scope for free advice do you have? We handle most personal injury claims in one of two ways here and I will try to explain what happens in each case (there's a general summary, below, if you want to skip to that). Legal aid cases If you qualify for some form of legal aid, we will encourage you to sign up for legal advice and assistance, which is the initial form of legal aid, covering meetings, correspondence and Continue Reading