If you have been hurt as the result of an accident, it is likely that the third party’s insurance company will contact you directly. You will probably have exchanged personal details with the other party to the accident and that information will be passed on to the other insurers if the accident is reported to them by their customer. Insurers have recognised this as a great opportunity to “get in first”. Where the insurance company for the other party sees that the accident is likely to be the fault of their insured, if they move swiftly, they can get to you before you are in touch with your own insurers. The “prize” as far as they are concerned is the chance to offer money to settle any personal injury claim you might have - before you have had time to get proper legal advice and intimate the claim. Third party capture There are different terms for this procedure, depending on your point of view. Solicitors who represent the interests of injury victims refer to it as Continue Reading
Patients Need Honesty about Medical Errors
The Scottish Government is consulting on imposing a “duty of candour” for healthcare providers. In its response to the consultation, the Association of Personal Injury Lawyers (APIL), a not-for-profit organisation which campaigns for the rights of injured people, has emphasised the need for medical and social care staff to be forthcoming and open about medical mistakes. Marie Morrison and Peter Brash of Grigor & Young / Moray Claims are members of APIL and accredited as Senior Litigators by APIL. Grigor & Young’s Elgin Office has corporate accreditation from APIL. An apology would often be enough The experience of most solicitors who deal with claims for medical negligence is that the majority of people who are injured as a result of a medical blunder simply want a clear explanation of what went wrong and what happened. The injured person wants to know that any lessons which could have been learned from the experience have been learned and will be put into practice for the Continue Reading
Do I Have To Use The Solicitor My Insurer Tells Me To Use?
We have blogged previously about Legal Expenses Insurance (LEI). If you have LEI and approach your insurer for cover under the policy to make, for example, a personal injury claim, you may find the insurance company saying that they have the right to appoint a solicitor of their choice to act for you. We often get asked the question: "Do I have to use the solicitor my insurer tells me to use?" The true position is that you do not have to go with their choice. Right to appoint own solicitor for proceedings It’s not entirely simple but under Regulations dating from 1990 (the Insurance Companies (Legal Expenses Insurance) Regulations) you have the right to select the solicitor who will be appointed in respect of any proceedings. Of course, the normal procedure with a claim is that your solicitor will intimate it by letter first of all and, in many cases, the claim can be negotiated to a successful conclusion without the need for a court action – in other words, without the Continue Reading
Protection From Harassment
During a 2009 dispute which arose between an English solicitor and the firm which formerly employed him, through the content of a series of letters and court documents, the firm attacked the solicitor in several ways. The allegations included: "serious conflict and conduct issues on your part ...” “you have intentionally taken instructions in this matter … because of your personal vendetta with the firm ... “ “you have been poaching and inciting clients of the firm belonging to a particular community to initiate malicious complaints before third parties." So, the issues raised included his professionalism, motives and honesty. Separately, they even questioned his marital status, accusing him of bigamy. Everyone makes mistakes but … As a solicitor, it is unpleasant when another solicitor criticises you for some reason. We all make mistakes from time to time. In a different league, however, is criticism which questions your integrity or character. Having said Continue Reading
Testimonial – DM Elgin
"I was driving on the A96 near Elgin and waiting to turn right into a side road. I was struck from behind by another car which was travelling in the same direction as me and failed to see my stationary vehicle. The speed of impact was probably about 50mph. My car was shunted forward for several metres. I suffered a whiplash injury. My main concern was what the costs would be in pursuing such a claim. After I spoke to you, I was reassured. I got a clear explanation of the process and the potential costs. It was very helpful to me being able to carry out nearly all matters by email after the initial face to face meeting. Other benefits of your service included: the fact that you are local to me; it was a personal service – I dealt with Peter Brash throughout the claim; and the fact I was constantly updated as the process evolved." DM, Elgin, Moray Continue Reading
Stress At Work Claims (Why They’re Mostly Not Straightforward)
Imagine you’re in a job where you’ve had to work long hours under high pressure over a couple of years and without any sign of change. You’ve complained to your superiors about the increasing workload, both in person and via email. You’ve requested an immediate increase in staffing levels. You’re swamped with work but no help arrives. Your health deteriorates to the point where you suffer a nervous breakdown because of the pressure. You are off work for several months. Before you go back to work, you have a meeting with your superiors about the causes of your ill-health – the main one being your workload. They reassure you by offering you help with your work from a fellow employee. On your return to work, you find that only a few of your files have been covered by co-workers in your absence. The paperwork has been allowed to build-up. Worse, the colleague allocated to help you is moved to other duties within a month of your restart. The workload continues to increase. It’s an Continue Reading
Claiming Personal Injury Compensation – Don’t Think Twice, It’s All Right
There are so many factors to discourage you from making a personal injury claim these days. The Westminster Government almost seem to be trying to outlaw claims for whiplash injury and there is a constant undercurrent of suggestion that such claimants are fraudsters or at least exaggerating their symptoms. So, if you are thinking of claiming personal injury compensation following an accident, should you do so? An unattractive “entitlement” mentality Most of us find it difficult to warm to people who claim entitlement to positions or privileges just because of who they are or what they may claim to have done in the past. But legal entitlements are different Fair enough, the legal entitlement to personal injury compensation, where the injury is caused by the negligence of another, is not a "deserving cause" in everyone's eyes. Usually, these doubters are folk who have never been in the position of an injury victim themselves. It is different when you are the victim. Personal injury Continue Reading
100 Moray Claims Blogs – A Round-Up
We launched the Moray Claims website in October 2012. This is the 100th blog article. So, as we reach the milestone of 100 Moray Claims blogs, what are the main themes which have evolved via the blog during the last 2 years? They ask, You answer I’ve looked to the “They ask, You answer” advice of Marcus Sheridan for guidance, even if most of the time it’s meant predicting rather than knowing what you might want to know about personal injury law. Moray Claims is a trading name of Grigor & Young and so we started off this blog describing Moray Claims as “Not just another accident claims company”. Probably a bit too cryptic as a headline. Belatedly, months later, I realised it might be a good idea to explain what is Moray Claims and the purpose of the blog. In the buzz-speak of the content marketing gurus online, I’ve tried to provide meaningful content, to a targeted audience (you folks in Moray and a bit beyond that) and be authentically helpful. Helping you in Continue Reading
Claims for Compensation after Assault
Most of our articles dealing with claims for personal injury cover injuries which have been caused as the result of someone’s negligence. In other words, the injuries were not caused intentionally. But what about situations where you have been injured because someone deliberately assaulted you? As a victim of crime you may be able to claim compensation. So what mechanisms exist to deal with claims for compensation after assault? Criminal Injuries Compensation Scheme The Criminal Injuries Compensation Authority (CICA) is a Government body set up to deal with these claims. Elgibility rules and exclusions There are strict rules on eligibility and certain factors can exclude you from making a CICA claim. However, you may be entitled to make a CICA claim if you have been a victim of violent crime or if you were injured while trying to prevent a crime or stop a criminal or while assisting a police officer. Being resident in the UK can be important as there are some Continue Reading
Bicycle Accident in Moray – How To Claim For Personal Injury
If you do any amount of cycling, you will probably have had a near miss or two. Cyclists are vulnerable road users and the risk is always there of an accident or collision with a car, lorry or even another cyclist. Moray has a few designated cycle paths, notably the tracks between Elgin and RAF Lossiemouth and between Forres and Findhorn. However, on numerous minor roads in Moray, the national speed limit is combined with narrow carriageways and restricted visibility. Add to this the ever-increasing volume of traffic on our roads and you can see why an increasing number of cyclists are falling victim to injury as the result of a bicycle accident in Moray. If you are a cyclist unlucky enough to be injured in an accident, you may choose to make a personal injury claim so you can receive compensation for your injuries and other losses. It is likely that your bike will be damaged, possibly beyond economic repair, and you will want any compensation to include an element to pay Continue Reading
Compensation Culture: Does Your Personal Injury Claim Make You Part Of It?
Fear of furthering a perceived Compensation Culture is deterring people from making Personal Injury claims. We recently took on a claim for a man who had finally reached the decision, more than two years after his accident at work, to go ahead with a compensation claim for his injuries and other losses. Here’s what he told us: “I have a concern over the "bandwagon" of what might be considered modern-day "compensation culture" and how that might seem - on the face of it - to be getting exploited for less-than-deserving cases. And that was maybe a wee bit of my issue in relation to starting this process.” So is there a Compensation Culture and what do we mean by the term, anyway? A difficult thing to define In some contexts, the term “Compensation Culture” is shorthand for the desire of one person to sue a second person where the first person suffered due to something which could have been avoided if the second person (or organisation) had done things Continue Reading
Food Poisoning on Holiday: Claiming Compensation for Injury
Going away on holiday gives us the chance to escape the routine of daily life, relax and rejuvenate. If you fall victim to a bout of food poisoning while on holiday, it can ruin the whole experience. You may end up with the feeling that you would have been better off staying at home. What can you do if you have been affected by food poisoning while on holiday and wish to claim compensation? While you are still on holiday You will need to get through the remainder of your holiday as best you can. You may need medical treatment and you should not hesitate to seek medical help if you get food poisoning on holiday. Apart from anything else, the health consequences of food poisoning can be serious if left untreated. From a claim perspective, however, suffering in silence - only to raise the matter on your return home - will make it difficult to prove the link between your illness and the hotel or resort where you stayed. If the hygiene standards at your hotel are poor and you Continue Reading