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
Medical Treatment Following Personal Injury (Keep Going Until You Are Discharged)
"Spine once more" found on flickrcc.net One of the frustrations for solicitors helping victims of accidents with their compensation claims is where medical records show that the injured person did not take up all the treatment which was available to them while recovering from their injuries. The “pain and suffering” value of your personal injury claim depends, broadly, on the severity of the initial injury and the length of time it takes you to make a full recovery. You rarely win if it's "you versus your medical records" Whilst your own evidence about the duration and extent of your symptoms will carry some weight, it is likely to be trumped by anything inconsistent contained in your medical records. So, for example, it will be difficult to argue two years after an accident that you have continuing shoulder pain related to the accident if your GP referred to you for physiotherapy at the 6-month mark and you failed to attend at all or stopped going for treatment before Continue Reading
Why An APIL Solicitor Is Best To Handle Your Personal Injury Claim
Peter Brash, Grigor & Young, APIL Senior Litigator Not every solicitor handles personal injury claims but, more importantly, not every solicitor who handles personal injury claims is a specialist. In previous posts, we have explained why you need a specialist personal injury solicitor, preferably local to you, to handle your claim for you; and how the Law Society of Scotland’s Accreditation scheme is one badge of recognition of skills beyond the ordinary in particular areas of law, such as personal injury. How else can you tell whether a solicitor is going to be up to the task of handling your claim? Membership of the Association of Personal Injury Lawyers (APIL) APIL is a not-for-profit organisation set up over 20 years ago to encourage accident prevention and assist accident victims through campaigns and lobbying. It has over 4,300 members, most of whom are UK-based solicitors. APIL’s headquarters are in Nottingham. The culture of the Continue Reading
Fatal Accident Claims in Scotland: Increased Compensation levels
Claims by three members of the family of a man who died as the result of a road traffic accident in Glasgow have been awarded damages totalling £106,500. Lady Wise, in the Court of Session, decided that the award of compensation in a previous similar case had been too low. She set the damages level for each claimant by applying an uplift of approximately 50% on the awards in the previous case. Pedestrian crossing accident Gavin Currie was 25 years old when he was knocked down on a zebra crossing on 28 December 2011. He died in hospital 2 days later. The Court described Gavin as a “fine young man with good employment prospects and a happy and settled family life”. He came from a close-knit family. Only value of claim disputed Liability for the accident was not in dispute but there was disagreement about the level of compensation to be paid to each of his parents and to his brother, Euan, by the insurers of the negligent driver. Tension between Judge and Jury damages Continue Reading