RoSPA - the Royal Society for the Prevention of Accidents - published a policy paper (August 2010) addressing the safety of rural roads, which could be of interest to you if you have suffered personal injury on the roads in Moray or elsewhere in the North of Scotland. The publication points out that rural roads have not seen as rapid a fall in accident rates as urban areas in recent years. Rural roads still account for over 70% of fatal road accidents. RoSPA is of the view that simply managing the road environment itself can help to reduce the number of incidents where the road is a primary or indirect cause of the accident. According to RoSPA, some useful options are to alter the perceived road width with markings or roadside islands or by changing or removing the centre line. "Forgiving roadsides" can also help reduce the risk and severity of injury sustained if a vehicle leaves the main carriageway for a short period. If you have been injured in a road accident then Continue Reading
Legal Expenses Insurance: one method of funding your personal injury claim
If you have had an accident and been injured, you may have insurance cover for the cost of instructing a solicitor that you didn't even know you had. Most of us hold some form of insurance - household (buildings or contents), medical, car, holiday - the list is endless. Many such policies have Legal Expenses Insurance (LEI) as an add-on, often buried in the small print. If you need to make a personal injury claim following an accident, LEI is one way of funding your claim. Others are "no win - no fee" and, in Scotland, Legal Aid. There can also be similar cover through bank accounts, credit cards and bank / organisation memberships. Some of us at Moray Claims / Grigor & Young are members of the Association of Personal Injury Lawyers (APIL) and they have produced a helpful downloadable pamphlet which includes discussion about these issues. How we can help We can help you determine whether this type of funding - or any of the others - would be available to help you Continue Reading
New Injury Claim Value Guidelines Promote Gender Equality in Scarring Cases
When you receive compensation from a personal injury claim, in most cases, there are damages paid for losses beyond the personal injury itself, such as loss of earnings or replacement of damaged clothing. The claim for the pain and suffering associated with the injuries is known under Scots Law as “solatium”. In England and Wales, the term used is “general damages”. We value the claim for solatium by finding reports of previous cases from the courts where the claimants had similar injuries. In general terms, the valuation depends on the nature of the injuries sustained and the length of time it takes you to recover from them. Valuing personal injury claims is not a straightforward exercise because no two cases are ever precisely the same. Yet justice requires that there should be consistency between awards. It is now 20 years since the first publication of the Judicial Studies Board (“JSB”) Guidelines. The JSB Guidelines are in booklet form and are the result of the deliberations of Continue Reading
Ladder Accidents
[NOTE: This article also forms the basis of a podcast episode - "Ladder Safety Hazards" - available on this website. If you prefer to listen to this content rather than read it, please go to the podcast audio] Ladders are surprisingly dangerous. The introduction to the Health and Safety Executive’s (HSE) publication “Safe Use of Ladders and Stepladders – An Employer’s Guide” (link to PDF - download begins immediately) confirms that: “A third of all reported fall-from-height incidents involve ladders and stepladders. On average this accounts for 14 deaths and 1200 major injuries to workers each year. Many of these injuries are caused by inappropriate or incorrect use of the equipment.” There is a reported instance of someone suffering a fatal injury after losing their footing on the second rung of a ladder, falling backwards and hitting their head on the floor. Unfortunately, judges have a tendency to regard ladder use as requiring nothing more than common sense. As a Continue Reading