In a press release on 13 November 2012, the Association of Personal Injury Lawyers has highlighted a proposed change to Health and Safety at Work that threatens to return Scotland to Victorian times. The amendment of Section 47 of the Health and Safety at Work Act 1974 would alter laws that have been in place since the end of the 19th century. As the law stands, if a worker is injured and he or she can show the employer is in breach of health and safety regulations, there is a right to claim compensation. The proposed changes will mean an injured person would no longer be able to rely on this right but would have to start from square one and prove that negligence had occurred. It seems inevitable that this change will mean employers’ liability cases becoming more complex - and so more expensive to run. Many legitimate claims could be denied redress in future, leaving people injured at work having to rely on their families and the State to support them rather than the insurers of Continue Reading
Negative comments about lawyers in songs
Here’s an example from the first verse of “Nothin' But A Woman” by The Robert Cray Band. You can give me an hour alone in a bank Pay all my tickets, wipe the slate blank You could buy me a car, fill up the tank Tell me a boat full of lawyers just sank But it ain't nothin' but a woman Nothin' but a woman, no, no Don't need nothin' but a woman Any time I'm feelin' low Do you have any others we could add to our playlist? Continue Reading
When a court action may not be necessary in order to win your claim …
It can often be a frustrating game for consumers with possible claims against large organisations or corporations. If liability is denied by the company (or if they don’t even engage in negotiations) you generally face the prospect of having to raise a court action to press your claim. Expenses or costs tend to follow success in court actions so, even where you have what seems to be a strong claim, the economic imbalance between the parties can make the prospect of a court action quite daunting for you as the consumer: if you lose, you may have a large bill to pay. Canadian Musician, Dave Carroll, found a perfect way round this problem when United Airlines allegedly caused significant damage to his expensive guitar at Chicago Airport. He wrote and recorded a song and uploaded the video to YouTube. This reportedly knocked around $180 million off the share value of the company in the aftermath of its release. We don’t suggest you try this if you want to complain about Continue Reading
Whiplash injuries
Whiplash claims now make up about 70 per cent of all motor accident personal injury claims. Whiplash injuries are caused by the neck and head being thrown suddenly backward then forward during the accident. The neck and head are forced beyond their normal range of movement and this results in damage to soft tissue and pain. Most people make a full recovery from this type of injury and, where neck and back symptoms last perhaps three to six months, courts will award damages of between £1,500 and £3,000. Because whiplash does not involve broken bones, there are few objective signs of injury. At the moment, claims for whiplash injuries are under fire from the Westminster government and the insurance industry because there is clear temptation for exaggeration of symptoms by claimants. The House of Commons Transport Select Committee heard evidence in 2011 that the insurance industry loses £2.1 billion per annum to fraudulent claims, whether by “cash for crash” staged accidents or Continue Reading
