There are so many factors to discourage you from making a personal injury claim these days. The Westminster Government almost seem to be trying to outlaw claims for whiplash injury and there is a constant undercurrent of suggestion that such claimants are fraudsters or at least exaggerating their symptoms. So, if you are thinking of claiming personal injury compensation following an accident, should you do so? An unattractive “entitlement” mentality Most of us find it difficult to warm to people who claim entitlement to positions or privileges just because of who they are or what they may claim to have done in the past. But legal entitlements are different Fair enough, the legal entitlement to personal injury compensation, where the injury is caused by the negligence of another, is not a "deserving cause" in everyone's eyes. Usually, these doubters are folk who have never been in the position of an injury victim themselves. It is different when you are the victim. Personal injury Continue Reading
Problems Diagnosing Whiplash Injuries
The Westminster Government is concerned that the quality of medical evidence in whiplash cases is not as good as it should be. It’s reckoned that claimants are duping doctors and exaggerating or inventing their whiplash symptoms. The Government proposes accreditation of medical experts to ensure greater consistency. The attack on whiplash claims is unrelenting. The insurance industry now suggests review of the law so that, as a matter of public policy, you should not be allowed to claim compensation for “low value” whiplash; instead, all insurers should have to pay is the cost of treatment, such as physiotherapy. What are the problems with whiplash? The terminology could be clearer, for a start. Whiplash is really a 'neck sprain', which commonly results from road traffic accidents where there is a rear end impact. It happens in an instant. The head is thrown first backwards and then forwards. Typically, the whole injury “event” is over within half a Continue Reading
How much compensation will you get for a whiplash injury?
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
You Didn’t Wear A Seatbelt: Can You Still Claim?
Click Clack, Front ‘n’ Back. Though there are other famous public information campaigns dating from the 1970s, seatbelt laws did not come into force in the UK until 1983. Regulations for children to wear seatbelts followed in 1989 and then for seatbelts in the rear seats in 1991. It took a while for many people to wear seatbelts regularly but now it has become the accepted norm for anyone getting into a motor vehicle. Most car manufacturers install alarm systems to alert the occupants when a seatbelt is not engaged and the vehicle is in motion. In spite of the rules, there are still some people who will not willingly wear a seatbelt and there are in fact exemptions for certain people. You will still have a claim but your compensation will be reduced If you are unfortunate enough to have suffered injury in an accident whilst not wearing your seatbelt, you will probably still be able to make a claim for personal injury. The down side is that there may 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
Whiplash Injuries: How They Happen
The subject of whiplash injuries continues to appear regularly in the news and in this post we're looking at the mechanism of the typical whiplash injury. The medical difficulty which exists in proving the existence and extent of these injuries means there’s always going to be doubters shouting (sarcastically) “Git ower it!” at people who claim compensation for whiplash. The Westminster Government say they are going after the “whiplash fraudsters” who invent or at least exaggerate their injuries following road traffic accidents. On the other hand, if you’ve ever suffered a whiplash injury yourself you will know what a miserable experience it can be, interfering with all areas of daily life. During Road Safety Week (18-24 November 2013), the Association of Personal Injury Lawyers (APIL) has been encouraging prevention of whiplash injuries by motorists avoiding the dangerous practice of tailgating the vehicle in front. The classic whiplash accident scenario The classic Continue Reading