The best way to find a solicitor in Scotland? Check for proven specialist knowledge If you think you need a solicitor and you do not either have one already or manage to get recommendations from relatives or friends, the likelihood is that you will do an internet search to find a suitable solicitor. That was the main finding of research carried out by the German equivalent of Which? Magazine (Stiftung Warentest) and published in its March 2013 edition. And it's not an unexpected result. The Proportion of People Searching the Internet for a Solicitor What is perhaps surprising is that internet search came quite a distant third (behind “have a solicitor already” and “ask a trusted person to suggest a good solicitor”) with only 15% of respondents giving that as their main research method. On the other hand, you are probably carrying out an online search if you are reading this … The Top Criterion in Choosing a Solicitor – Proven Specialist Knowledge The survey also Continue Reading
Why are some claims for the same injury worth less than others?
Comparing personal injury claim values can have you going round in circles If you have been injured in an accident and want to get an idea how much your claim might be worth, it’s easy to find sources of information on the internet that seem to be helpful. But it can quickly become difficult to reconcile the awards of damages received by different claimants. Often, you find two people with apparently-similar injuries who received very varying levels of compensation. Why is that? Solatium and “special” damages Personal injury claims are valued under two broad headings: solatium and special damages. In Scotland, your claim for the pain and suffering caused by your injuries is known as solatium (in other jurisdictions, it is often known as “general damages”). Special damages, on the other hand, compensate you for financial losses resulting from the accident – typically, wage loss. So, if we compare two women of the same age who each have a broken wrist of similar nature and Continue Reading
Work Accidents: All Change, But Not For Public Sector Employees
A significant change in the law affecting personal injury claims for accidents at work becomes effective from 01 October 2013. A review of health and safety legislation over the last two years by the Westminster Government culminates in the enactment of section 69 of the Enterprise and Regulatory Reform Act 2013 (“the 2013 Act”), which is in force from 01 October. Background to the Enterprise and Regulatory Reform Act 2013 The Government considered that there was too much red tape for businesses trying to comply with their health and safety obligations and this resulted in unnecessary cost. The Government also took the view that the present law was unfair because employers’ liability insurers sometimes had to pay out on claims even though the employer they insured had done everything they could to safeguard their employees in the circumstances. There was, for example, such “strict liability” if an employee was injured due to a failure of a piece of work equipment even if it could Continue Reading
When your business insurers refuse to indemnify you
Businesses require to have Employers’ Liability insurance by law. This is so if an employee gets injured at work due to the employer’s breach of duty there is a guaranteed fund available to meet any claim. Public liability insurance covers organisations and businesses against negligence and breaches of duty which cause injury and loss to people other than their employees. This type of insurance is not compulsory by law but it is crucial to have in practice because even a single claim can be enough to bankrupt a business. Public liability claim against a small trade business We have come across a recent example of a public liability insurer refusing to cover a business for a claim against the business for fire damage to a house in Moray caused by probable negligence on the part of one of the employees of the business. This scenario gives rise to a valid claim against the business on the basis of vicarious liability. Alleged negligence leads to under-floor fire at domestic Continue Reading