If you have ever fallen over, you’ll know that embarrassment is often the overwhelming feeling, at first. After a trip or slip in a public place - such as a busy supermarket, shopping centre or street – we will tend to pick ourselves up quickly and make as fast an exit as possible, even if we are hobbling on our way. An accident of this type may be a pure accident – no one’s fault but your own – such as a trip while you are walking and updating your Facebook status at the same time. Even a momentary distraction can be enough to cause a fall. On the other hand, if your fall is due to someone else’s negligence (such as the occupier of land or a local authority), you may be able to make a claim for compensation for personal injury. This article considers slip / trip accidents and why the location matters when applying the law to the circumstances and deciding whether any personal injury claim is likely to succeed. Common accident claim locations For there to be the Continue Reading
Should I Settle My Accident Injury Claim Directly With The Insurance Company?
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