In another article, we saw how proven specialist knowledge in a particular area of law is probably the most important factor when you are looking to get help from a solicitor - assuming you do not already have a solicitor or a good recommendation from a close friend or relative. In this article, we discuss how best to go about choosing a personal injury solicitor in Scotland. How to establish a solicitor's 'proven specialist knowledge' in relation to personal injury claims If you have been injured in an accident and need to make a personal injury claim in Scotland, how do you go about finding a solicitor with the necessary specialist knowledge? Lots of solicitors' firms - and others who are not solicitors - claim to have the necessary experience and expertise to handle your compensation claim, so what you need is an independent benchmark of excellence to give you confidence that you are trusting your claim to a safe pair of hands. Law Society of Scotland specialist Continue Reading
Snow and Ice: Pedestrian Slipping Accidents
We have recently looked at claims for injuries to drivers caused by vehicle slipping accidents in wintry conditions and now it’s time to look at claims by pedestrians in similar circumstances. Slips on premises - reasonable scope for a claim If you slipped on premises where the owner or occupier is responsible for keeping the property free from snow and ice, you may have a claim against them under the Occupiers’ Liability (Scotland) Act 1960. Slips while you are working - reasonable scope for a claim Slips due to snow and ice while at work may be covered by health and safety regulations, though you need to note the uncertainty arising from the changes brought about by the Enterprise and Regulatory Reform Act 2013. There may be reasonable prospects of a successful claim even if the accident did not occur on property belonging to your employer. Slips in the street - or "public liability" slips - poor chances of success The most common scenario, however, is where you have been out Continue Reading
Snow and Ice: Single Vehicle Accidents
We are back to that time of year when the roads in Moray and the North of Scotland are regularly icy or snow-covered. In this blog, we are looking at the chances of making a claim for personal injury where, due to the road conditions, you lose control of your vehicle on ice or snow and have an accident. The fact is these are very difficult claims to make successfully, if you were the driver of the vehicle. Difficulties for drivers in claiming successfully … As you will see from what follows, under Scots Law the relevant highway authority will virtually never be to blame for an accident caused by a vehicle skidding on ice or snow. This puts the onus very much on you as the driver to take great care when driving in such conditions – and even to think carefully about whether you should make your journey at all. … Though not for passengers If you are a passenger in a single vehicle accident of that type, you will almost certainly have a claim against the insurers of the driver Continue Reading
Helicopter Accident At Work Scenario Shows Up Inconsistencies In The Law
At the moment, we do not know the probable cause of the tragic helicopter accident in Glasgow on the evening of 29 November 2013, so the following discussion is hypothetical. It also concentrates exclusively on the application of the law to the occupants of a helicopter in similar circumstances (i.e. all persons “at work” at the time) and their relatives. In delivering an online update webinar to members of the Association of Personal Injury Lawyers (APIL) on 09 December 2013, APIL Chief Executive, Deborah Evans, has highlighted how one possible scenario for the accident could provide an example of the changes brought about by the Enterprise Act with effect from 01 October 2013. These changes affect employees’ ability to make claims for personal injury damages against their employers arising out of accidents at work and also the rights of employees’ families to claim compensation for the death of their relative in the course of their employment We have blogged about the effect of the Continue Reading