This is a case study of an injury claim arising from a pavement tripping accident. We’ll go through the stages of the claim from intimation of claim to the point where insurers admitted liability. It was not a straightforward process. In our experience, that is not unusual. We hope this will give you an illustration of what can happen with a personal injury claim for tripping injuries. The facts show why perseverance with a claim may be necessary. Here’s a photo of the pavement where the injured person fell. At the time of the accident, the injured person was walking into the photo (i.e. away from the cameraman). The injured person's left foot went down on the edge of hole at a point where it was about 3cm deep. This caused them to go over on their left ankle and suffer an inversion injury to it. Scottish local authorities generally have a duty to repair pavement defects once they produce a height difference of more than 2cm (20mm). This is a height difference Continue Reading
Should you accept the insurers’ first offer?
Sylvester Stallone’s big break as a movie star came with the 1976 film, Rocky. However, his own story is as inspirational as that of the boxer he played on screen. Stallone had a troubled upbringing, spending a lot of time in foster care. In his 20s, at one point, he was so hard up that he had to sell his dog. He wrote the first draft of Rocky after watching a boxing match in which an unknown and unfancied fighter lasted a full 15 rounds against world champion, Muhammad Ali. Film studios were very interested in the script but not with Stallone in the starring role. Nevertheless, he held out. Even when one studio offered him $325,000 for the script alone - at that time, the highest amount ever offered for a script – he did not waver. In the end, he got his wish. The purchase price for the script was only $35,000 (and the movie was reduced to a low budget production) but Stallone got the lead role. Rocky was a massive hit, winning an Oscar for best picture - and Continue Reading
Why a cyclist’s fault for an accidental injury can have drastic financial consequences
Ned Ryerson must be one of the most beloved “annoying” characters in film history. He is the insurance salesman from Phil Connors’ past who keeps turning up to bug Phil. He appears at the same point on Phil’s walk from his Punxsutawney guesthouse to Gobbler's Knob, as Groundhog Day repeats over and over again. It’s one of my all-time favourite films – one which includes a happy ending for Ned, as he explains: “I have not seen this guy for 20 years but he comes up to me and then he buys whole life, term, uniflex, fire, theft, auto, dental, health – with the optional death and dismemberment plan – water damage… Phil, this is the best day of my life!” The “optional death and dismemberment plan” may be a joke (maybe it isn’t) but the list of so many different types of insurance illustrates that insurance is varied and can be complicated. And while it’s possible to be over-insured, so it’s possible to be under-insured – and under-insurance is one of the things we’ll look at Continue Reading
Should you use the insurer-appointed solicitor or an independent solicitor for your personal injury claim?
We received the following question in an enquiry via our website: “After a road accident (not own fault) is it better to claim personal injury through solicitor provided by my insurer or through independent solicitor?” Here are 5 things you could consider which might help you reach a decision on that issue. 1. How experienced and qualified is the person handling your claim? It would be nice to be able to take it as a “given" that the level of experience and expertise of the two types of adviser are the same. However, that is not necessarily safe to assume. Knowing whether your claim is going to be handled by a solicitor or by a paralegal (or by an administration person) could be important. If you're getting help from a solicitor, you have a clear benchmark of legal training. With a paralegal or claim handler, that's not so obvious. In general terms, you're looking for a solicitor who has a proven track record in dealing specifically with personal injury claims. All Continue Reading