This post covers pavement defects and hazards which can cause you, as a pedestrian, to trip and fall. A separate post deals with situations where your injuries result from slipping in conditions of ice and snow. The trip hazard (towards the bottom of the above photo, below the bracket sign after the word “chances”) on the footpath pictured above was close to the north side of the underpass at Alexandra Road (A96), Elgin, and to our offices at 1 North Street. Part of a local authority’s responsibilities If you are injured as the result of a tripping accident on a public pavement or footpath in Scotland, any claim is usually directed against the local authority. In Moray, the responsible authority is The Moray Council. In most cases, the defect in the surface will be the result of erosion over many months (by contrast, in the above case, it was due to the surface of the footpath not being properly smoothed off at the time it was laid). Where an unexpected edge which causes a Continue Reading
After the Event Insurance (Crucial for No Win–No Fee Personal Injury Claims)
After the Event Insurance is needed to protect you in case you lose your no win-no fee claim After the Event (ATE) insurance is where you take out an insurance policy after a legal problem or dispute has arisen in order to protect you against the risk of having to pay the other side’s legal costs if you lose. Why is this type of insurance important for “no win-no fee” personal injury claims? The difference between winning and losing your claim We have seen how your solicitor will get paid for their work for you on a no win–no fee arrangement if they are successful in getting personal injury compensation for you. It’s one thing to look at a winning scenario but it’s also important to be alive to the possibility that your claim might not succeed. What then? No win–no fee means you won’t have to pay anything to your solicitor for their work, if you lose. However, you could be at risk of having to pay other costs if things don’t work out in your favour. Under no win–no fee, failure Continue Reading
2 Ways Exaggeration of Injuries Can Damage Your Personal Injury Claim
Exaggerating your symptoms from injuries can damage your chances of claiming compensation Serious injuries can lead to permanent restrictions in things like your ability to work, to care for yourself and others close to you, or enjoy your hobbies. If that is what you claim following an accident, you need to realise it’s likely that all aspects of your life will end up under the microscope. Exaggeration of injuries can damage your personal injury claim. How will you be found out? Your life: nothing hidden You will be shadowed and put under video surveillance. Private investigators will stake out your home. You could be filmed in your garden, getting into and out of your car or doing the shopping. A prime time for observation is when you have to go and see any medical expert appointed by the insurers: they know exactly where you will be and at what times on that particular day. Surveillance cameras may be hand held, mounted in vehicles or in holdalls carried by Continue Reading
Seagull Attacks and Personal Injury Claims
Seagull attacks on humans are most likely in Scotland in the period May to July each year Injuries caused by dogs and other animals can give rise to successful personal injury claims. But what about an injury caused by a seagull? This is what a judge in the Court of Session had to consider in Cathie Kelly’s claim against the owners of the building – an old Victorian school - in Greenock, where she worked. Swooping seagull As she was going out of Ladyburn Business Centre (“LBC”) to get her lunch, an adult seagull dived at Mrs Kelly with outstretched wings. The bird did not injure her directly; instead, she hurt herself in her effort to get out of its way, as she stumbled and fell. She claimed that the building owners failed to take reasonable care for her safety. Her claim was based on occupiers’ liability and – because she was at work at the time – health and safety regulations. Seagulls protecting their young In Scotland, and certainly in Moray, you don’t even have to live at Continue Reading
Grigor & Young Elgin Office Becomes an APIL Accredited Practice
The Elgin office of Grigor & Young, Solicitors, has been granted corporate accreditation by APIL The Association of Personal Injury Lawyers (APIL), a national not-for-profit organisation which campaigns on behalf of injury victims, has awarded Grigor & Young’s Elgin office corporate accreditation with effect from May 2014. This mark of excellence highlights the firm’s commitment to the highest standards of client care, quality assurance and ongoing staff training. It follows the recent individual accreditation of Associate solicitor, Marie Morrison, as a Senior Litigator – a development which means that the firm’s Elgin office has two Personal Injury accredited specialists. Peter Brash of Grigor & Young said: "Marie and I have been members of APIL for many years and have benefited from the in-depth specialist training they provide. I live in Lossiemouth and Marie lives in Macduff." "We hope this latest APIL accreditation will convince the people of Continue Reading
Poor Hospital Care Is Not Necessarily Medical Negligence
It’s always a worry if you have to have hospital treatment. You’ll be concerned about the procedure or operation, any anaesthetic and the recovery period. The practicalities of your stay in hospital will also be on your mind, such as sharing a ward with others and the quality of the food. You’re unlikely to think about the risk of being injured due to medical negligence during your stay because health service staff are dedicated professionals working hard to deliver the best possible care. Their jobs require them to deal with deadlines and to keep within strict budgets. Sometimes, they have to exercise judgement in making decisions, weighing up competing risks. And medical science is not an exact science. Unfortunately. things don't always work out for the best. You need to understand that, if things go wrong and outcome of your treatment is not as you would wish, just because you have experienced poor standards of care, that does not necessarily mean you have Continue Reading
How Insurance Disclosure Reform Can Help Your Claim Succeed (And Save You Money)
Consumer claims on home and other insurance policies should now succeed more easily We’re now just over a year into a new legal framework which could benefit you, as a consumer, if you have to make a claim on insurance and your insurer refuses to honour it. The range of consumer insurance policies affected is very wide indeed. In our experience, most people have a wrangle with an insurance company sooner or later. This change to the law is something worth bearing in mind if you find yourself in dispute with an insurer over a claim you have made on a policy. The fatal mistake – failure to disclose Typically, the scenario is one where your insurer says that, at the time you took out the insurance (or renewed it), you failed to tell them about some important fact which would have influenced the level of premium – or even whether they would have agreed to insure you at all. In those circumstances, the insurer would refuse to pay out on your claim, or could impose Continue Reading
How A Minute Of Tender Can Destroy Your Personal Injury Claim
A Minute of Tender can be an effective weapon in a Scottish personal injury court action A Minute of Tender is a device used in Scottish personal injury court actions which can undermine – and, at worst, destroy - your claim for compensation. For that reason, it is worthwhile understanding how Minutes of Tender work. So, firstly, we need to go back a bit – to before the court action. When will you need a court action? If your personal injury claim cannot be settled by negotiation, you will have to raise a court action. Generally, for that to happen, your solicitor will have to assess that your claim has a better than 50/50 chance of success. In the worst case, the dispute will be about whether you should get any compensation at all. A less serious problem is where it is just the value of the claim which cannot be agreed. In other words, there is agreement that some compensation should be paid but the opposing insurers are not offering a reasonable amount. How Continue Reading
Increased Benefit To Moray From Accredited Personal Injury Claim Specialists in Elgin
Marie Morrison of Grigor & Young / Moray Claims has gained a further Personal Injury Accreditation Do you live in Moray or the surrounding area? If you live in Elgin or Forres (or anywhere else in Moray) and have to make a claim for compensation for personal injuries suffered as the result of an accident – on the roads, at work or elsewhere - you need a specialist, accredited solicitor to handle your case. You need to know that the person you are trusting to get the best outcome possible for you has the necessary experience and expertise. In the jungle of claims companies and solicitors firms which promote their personal injury services online and via other media, it is not always to know at first glance whether a particular organisation or person has the credentials to deal with your claim properly. Why accreditations are important Along with things like testimonials from previous satisfied clients, specialist accreditations can help you, as the consumer, gain Continue Reading
Maximising Your Personal Injury Claim’s Value
North Street, Elgin, Moray Your personal injury claim is primarily about money. It’s true that other aims are possible - and often more important than just the compensation. One example is maximising your level of recovery from injuries through rehabilitation provided as part of your claim. Another possible driver is “trying to make a point” so the negligent party takes notice and changes their practice for the future, reducing the chances someone else will be injured in the way you were. It's all about money But personal injury claims are really about financial compensation. The law tries to put you, as the injured person, back in the position you would have been if the accident had not happened – so far as that is possible in money terms. Given the emphasis on money, the aim is to maximise your damages. What are the main factors which have a bearing on how much money you receive (if any) at the end of your claim? Factor 1: Whether your claim succeeds at Continue Reading
Problems Diagnosing Whiplash Injuries
The Westminster Government is concerned that the quality of medical evidence in whiplash cases is not as good as it should be. It’s reckoned that claimants are duping doctors and exaggerating or inventing their whiplash symptoms. The Government proposes accreditation of medical experts to ensure greater consistency. The attack on whiplash claims is unrelenting. The insurance industry now suggests review of the law so that, as a matter of public policy, you should not be allowed to claim compensation for “low value” whiplash; instead, all insurers should have to pay is the cost of treatment, such as physiotherapy. What are the problems with whiplash? The terminology could be clearer, for a start. Whiplash is really a 'neck sprain', which commonly results from road traffic accidents where there is a rear end impact. It happens in an instant. The head is thrown first backwards and then forwards. Typically, the whole injury “event” is over within half a Continue Reading
How much compensation will you get for a whiplash injury?
Photograph: "Spines" by Nicky Mack Whiplash injuries to the upper spine can range widely in severity. From neck stiffness lasting for a day or two, the symptoms can extend to pain and restriction of movement which persists for months or even years. We have posted on this Blog previously about the “classic” whiplash accident mechanism – usually a road traffic accident involving a rear end shunt. Whiplash remains a controversial injury, which has become a bit of a political football. Because there are no physical signs associated with whiplash symptoms – such as would show up on x-rays or other scans – exaggeration and fabrication of claims is always a possibility. Likely claim value is a factor in deciding whether a claim is worth it or not If you are considering making a whiplash claim, you will be wondering how much your claim is going to be worth. It is reasonable to consider this, as you will want to weigh up whether it is going to be worth the time and Continue Reading