Traditionally, age brings with it wisdom – and the respect of others. But what if you’re 84 years old and you’re accused of telling lies "in court"? It's one thing to exaggerate, for example, medical symptoms caused by an accident - but to invent them? Here's an anonymised true story of a case we dealt with and how a scenario of that nature played out in practice. Our client was injured after she fell into an excavation that had been made by a national utilities company. It was right outside her garden gate. There were no warning signs in place. Our client had a registered sight impairment. She opened her gate, minding her own business, took one step and suddenly down she went. After her accident, the utilities company covered the trench with hard plastic matting so it was impossible for pedestrians to fall in. If they had done that before the accident, it could not have happened. We alleged that the utilities company had been negligent and that had caused our Continue Reading
When it can be your fault for driving through a green light
You’re in a rush. It’s a dark, wet Monday morning in January. You want to cross the main road on foot at traffic lights, using the pedestrian crossing there; but the lights are green for vehicles - and red for you to cross. On the approach to the traffic lights for vehicles, there are two bus stops. It’s a predominantly residential area. You decide you have to risk crossing on red. Dashing onto the crossing, you suddenly realise an approaching car is bearing down on you. It’s about 5m away and travelling close to the speed limit of 30mph. Your brain freezes with panic. You've misjudged the speed of the oncoming vehicle. You’re rooted to the spot. Paralysed with fear. It's too late to get out of the way. Though the car driver instinctively swerves to avoid you, having only noticed you late, the collision is inevitable. The impact throws you up onto the bonnet. Your head hits the nearside windscreen, causing a “bullseye” break in the glass - i.e. a spider’s web-like Continue Reading
How the Cost of Living Crisis affects the Value of Your Personal Injury Claim
In July 1971, a sliced white loaf of bread would have cost you 10 pence. In July 2021 the cost would have been £1.06. The Retail Price Index ("RPI") shows an average cost for the same loaf of bread as £1.36 in July 2023. The rise in prices over time is known as inflation. It can also be described as the decline of purchasing power over time. In the present Cost of Living Crisis, the upward trend in prices is affecting most things and that includes personal injury compensation (compensation also sometimes referred to as “damages”). The injury part - for the "pain and suffering" associated with the injuries - of a personal injury compensation claim is just one element of the value of the claim as a whole. Other elements can include wage loss and necessary travel expenses. In this article, we are only discussing the injury part of personal injury claims. This can be variously described as "pain and suffering", General Damages and solatium. Continue Reading
A cautionary tale about dangers from weedkiller in Moray
Usually, a headline like that warns you about possible dangers from your own carelessness. It’s much worse than that here, unfortunately. This article contains a warning about how you – and especially your pets – might be at risk from lack of care on the part of your own local authority. The practices of Moray’s local authority in relation to weed killing mean pet owners must be extra vigilant. Rinaldo Coluccia’s 8-year-old German Shepherd dog, Honey, died as a result of ingesting Glyphosate (a herbicide) beside “The Walkies” path (by the A96) in Forres. The Council had treated the area in order to destroy Giant Hogweed plants. The Council’s risk assessment provided that warnings should be given to the public where areas had recently been sprayed. “Control measures” within the risk assessment included: “Keep pets on lead when passing area (sic) which have had herbicide application recently.“, and “Prevent pets from eating/chewing vegetation applied with Continue Reading
Sheriff rules that an adult egg-and-spoon race is not a race
“Race - a competition in which all the competitors try to be the fastest and to finish first.” The Cambridge Dictionary The Pursuer was unsuccessful in this Elgin Sheriff Court case arising out of injuries sustained in the course of a parents’ race at a children’s sports day. The Pursuer attended her daughter’s annual nursery sports day. One of the events was an egg-and-spoon race for the mothers. The sports day had had to be moved indoors to a sports hall due to inclement weather. Whilst participating in the egg and spoon race, in the “outside lane”, the Pursuer failed to stop in time after the finish line so as to avoid colliding with the wall beyond. She sustained significant and life-changing injuries to both wrists as a result. While most parents taking part did not seem bothered by the outcome, at least one other participant appeared to treat it as a race, stopping only beyond the finish line. The Pursuer took first place. The Pursuer’s higher momentum Continue Reading
Digging for QOCS Exceptions in Scottish Personal Injury Claims
The default position under Qualified One-way Costs Shifting (QOCS) for personal injury compensation claimants in Scotland is this. If your claim succeeds, you will be able to recover legal costs from your opponent, in addition to the compensation agreed as payable or as awarded to you by a court. Whether you lose any of your compensation to pay a success fee will depend upon the arrangement you have with your solicitor. If your claim is unsuccessful, QOCS should mean that you DO NOT have pay legal costs to your opponent - even though the normal rule is “loser pays”. That is what “one-way costs shifting” means. There’s a shift in the usual costs rule in favour of the loser if they are claimant; but not if they are the claimant’s opponents (usually an insurance company). QOCS arrived in England and Wales (2013) before it came to Scotland (2021). To some extent, Scotland has been learning from the experience south of the Border. In 2023, there have been some Continue Reading
Why these are the 3 hardest words for personal injury insurers to utter
If you like words and plays on words, the internet is a mine of nuggets. For example, in India, “Sari” always seems to be the hardest word. If you’re looking for “alternative” definitions of words, the Uxbridge English Dictionary (from BBC Radio 4’s I’m Sorry I Haven’t A Clue) has examples such as: Words are not always what they seem. The “plain meaning” of a word is rarely a given. The meaning of words can be twisted or ignored. In this article, we’ll consider 3 words / phrases which insurers in personal injury claim situations will avoid using if they can and will twist as far as possible if they cannot be avoided. What are these "unforgivable" words / phrases? We’ll get to them in a moment. First, we need to understand the context in which the problematic terminology arises. Your personal injury solicitor wants to achieve for you the highest level of compensation reasonably possible, as soon as reasonably possible. There are various tactics your solicitor Continue Reading
Claims for Death of a Relative in Scotland – Another milestone?
Elgin's Dandy Lion has not had a view up the High Street to Dr Gray's Hospital since May 2018. In the meantime, his view has been blocked by wooden hoardings as Poundland first had structural problems and then a fire. We’ve had piles of metal on the site, from the “scaffolding mountain” to the beginnings of the new Poundland construction. In the various photos below, there is a similarity but there's also gradual progress. In the law relating to bereavement compensation in Scotland, there can be a superficial sameness to things but, again, under the surface, there is progress and milestones are being achieved. We’ll look at one of these progression points in this article. For fatal accident claims, in Scotland, this is one area where the law is quite different to that in England and Wales. This is particularly the case for compensation awarded for the grief and sorrow caused by deceased’s death – often referred to as compensation for “loss of society”. Those pushing Continue Reading
How to avoid the need to make a Medical Negligence Claim
The world record for longest time between a message in a bottle being sent and received is 132 years. 1886 to 2018. It was “posted” as part of research project into ocean shipping routes. The glass container was thrown overboard from a German vessel in the Indian Ocean, washing up on a remote Western Australian beach. If your letter requires someone else to take action, a delay of 100 years or more in someone reading the letter is not going to be good news for you. When you send a letter, you expect it will be received and read within a few days. We all understand that this is how the world works but what if a letter gets lost or delayed? – or is never even sent in the first place. How does this relate to claims for medical negligence? Well, it’s better to avoid having the need to make a personal injury compensation claim – including a medical negligence claim – than to have to go down that road at all. Claims are stressful and compensation levels - even Continue Reading
Why it is best to get your choice of personal injury solicitor right first time
Filmmakers have a wide variety of camera techniques at their disposal to help them tell their story to best effect. One of the most powerful tools directors can employ is the split diopter lens, which makes it possible to have two subjects at different distances in the frame simultaneously – and both in focus. In his 1951 film, Strangers on a Train, Alfred Hitchcock wanted a telephone to be in a foreground close-up while actors in the background remained in focus. This was to emphasise the importance of the incoming phone call. The limitations of camera lenses at the time meant he could not make it work. He fixed the problem by having a giant phone in the foreground and putting a regular-sized phone in Ruth Roman’s hand as she came to answer it. The camera view tilted up as she approached (moving the monster phone out of shot). The 1984 film comedy, Top Secret, spoofed that set-up, with the foreground telephone remaining in shot throughout and the army officer Continue Reading
Why the crucial road accident information to get is the registration number
If you have been injured as a result of a road traffic accident, although it is the driver of the vehicle at fault for the accident who bears the blame, it is their insurance company that will pay your compensation in most cases. As a result, you and your solicitors want to find out as quickly as possible who those insurers are and how best to contact them. There is a lot of information you can usefully gather to give to your solicitor following a road traffic accident but what do you think is the single most important piece of information? What you absolutely want to get if you can is the registration number of the vehicle which caused the accident. This applies whether you were In the “best case”, you will be well enough and quick-witted enough to get the registration number yourself. But that won’t always be the case, especially if you have been seriously hurt in the accident. In this article, we will look at three reasons why getting the registration number Continue Reading
How Grigor & Young help you with an accident-on-premises claim in Moray
Grigor & Young LLP, Solicitors, use Moray Claims as a trading name in their business of dealing with personal injury compensation claims for clients. Grigor & Young have offices in Elgin and Forres, Moray. Claims arising from accidents on premises are usually against the person or business which has control over the land or buildings in question. Injuries resulting from accidents on premises – also known as occupiers’ liability claims – can result in a wide variety of ways. If we take on your claim at G&Y, it will be via one of the following three funding methods. Legal aid Your eligibility for legal aid depends upon your financial circumstances. If you qualify for legal aid, we will look closely at using that as the funding mechanism for the claim though we will also discuss with you the other options mentioned below. It is worth noting that, if your claim is successful under any form of Scottish legal aid, you will receive 100% of your Continue Reading