If you are injured in a road traffic accident caused by the negligence of a vehicle driver, you should be able to claim against their motor insurance because it’s compulsory to have insurance. But we all know that not everyone has insurance. You only need to read local newspapers like Moray’s Northern Scot. Reports of criminal prosecutions where someone has either driven without insurance, or caused or permitted someone else to drive without insurance, are common. In this article, we consider the procedures available for you to claim compensation if you have been injured by an uninsured driver. Continue Reading
How much compensation for a needlestick injury?
“I had finished cleaning the floor and was just doing a final check before going for my break. I noticed I had missed some scrunched up toilet paper lying on the floor in one of the cubicles. As I picked the papers up with my right hand, I suddenly felt a burning pain between my index finger and my thumb. When I looked at my hand, I could see there was a needle which had pierced my skin there. It must have been hidden in the bundle. I was stunned and felt physically sick. I was so shocked I had to sit down for 10 minutes until I got my wits back.” Needlestick injuries are one type of “sharps” injury. A sharps injury happens when a needle, blade (e.g. a scalpel) or other medical instrument penetrates the skin. It's a frightening injury because even a pinprick can have such significant consequences for your health. Who is at risk? This type of injury is an occupational hazard if you work in the health or social care sector, especially for those who directly handle sharps. In our Continue Reading
Pedestrian RTA Claim from Aberdeenshire Illustrates Difficulty of Contributory Negligence
The other day, I got an enquiry from a potential client about a tenancy deposit dispute. Having heard the details, I told him I didn’t think there would be any basis for making a claim. He wanted to continue to discuss the matter, so I had to tell him that I was not going to change my mind and, if he did not accept my advice, he should consider getting a second opinion from another solicitor. At that point, he told me that he had already spoken to several other firms of solicitors in Elgin about the same issue. So, I asked him what advice they had given him. He said: “The same advice that you have given me about it.” I smiled wryly as he said that and the call ended amicably. I had mixed feelings about it. Of course, I would like to feel that possible clients are coming to me with their enquiries as their “first choice” solicitor - which was clearly not the case here. More strongly, though, it struck me as ironic that several solicitors had all apparently Continue Reading
Making A Claim For A Motorcycle Accident in Moray
You get an amazing feeling of freedom when you ride a motorcycle. You have the opportunity to enjoy the freshness and beauty of the countryside without being cooped up in a car. We are lucky to live in such a beautiful part of the world as Moray and come the Spring, and more reliable road conditions, motorcyclists are to be found everywhere from the A96 to the smallest back road. Along with the pleasure of motorcycle riding, however, comes the risk of an accident. The most recent statistics show an increase in accidents involving more vulnerable vehicles, such as bicycles and motorcycles, which is a concern. If you have an accident while out on your motorcycle and suffer injury, how do you go about making a claim? Personal injury damages The most important claim is for compensation for your injuries. Motorcyclists are very exposed if there is any sort of collision and, as a result, injuries tend to be multiple, severe and, often, life-changing. We have experience Continue Reading
Slip / Trip Accidents And Why The Location Matters
If you have ever fallen over, you’ll know that embarrassment is often the overwhelming feeling, at first. After a trip or slip in a public place - such as a busy supermarket, shopping centre or street – we will tend to pick ourselves up quickly and make as fast an exit as possible, even if we are hobbling on our way. An accident of this type may be a pure accident – no one’s fault but your own – such as a trip while you are walking and updating your Facebook status at the same time. Even a momentary distraction can be enough to cause a fall. On the other hand, if your fall is due to someone else’s negligence (such as the occupier of land or a local authority), you may be able to make a claim for compensation for personal injury. This article considers slip / trip accidents and why the location matters when applying the law to the circumstances and deciding whether any personal injury claim is likely to succeed. Common accident claim locations For there to be the Continue Reading
Should I Settle My Accident Injury Claim Directly With The Insurance Company?
If you have been hurt as the result of an accident, it is likely that the third party’s insurance company will contact you directly. You will probably have exchanged personal details with the other party to the accident and that information will be passed on to the other insurers if the accident is reported to them by their customer. Insurers have recognised this as a great opportunity to “get in first”. Where the insurance company for the other party sees that the accident is likely to be the fault of their insured, if they move swiftly, they can get to you before you are in touch with your own insurers. The “prize” as far as they are concerned is the chance to offer money to settle any personal injury claim you might have - before you have had time to get proper legal advice and intimate the claim. Third party capture There are different terms for this procedure, depending on your point of view. Solicitors who represent the interests of injury victims refer to it as Continue Reading
Protection From Harassment
During a 2009 dispute which arose between an English solicitor and the firm which formerly employed him, through the content of a series of letters and court documents, the firm attacked the solicitor in several ways. The allegations included: "serious conflict and conduct issues on your part ...” “you have intentionally taken instructions in this matter … because of your personal vendetta with the firm ... “ “you have been poaching and inciting clients of the firm belonging to a particular community to initiate malicious complaints before third parties." So, the issues raised included his professionalism, motives and honesty. Separately, they even questioned his marital status, accusing him of bigamy. Everyone makes mistakes but … As a solicitor, it is unpleasant when another solicitor criticises you for some reason. We all make mistakes from time to time. In a different league, however, is criticism which questions your integrity or character. Having said Continue Reading
Stress At Work Claims (Why They’re Mostly Not Straightforward)
Imagine you’re in a job where you’ve had to work long hours under high pressure over a couple of years and without any sign of change. You’ve complained to your superiors about the increasing workload, both in person and via email. You’ve requested an immediate increase in staffing levels. You’re swamped with work but no help arrives. Your health deteriorates to the point where you suffer a nervous breakdown because of the pressure. You are off work for several months. Before you go back to work, you have a meeting with your superiors about the causes of your ill-health – the main one being your workload. They reassure you by offering you help with your work from a fellow employee. On your return to work, you find that only a few of your files have been covered by co-workers in your absence. The paperwork has been allowed to build-up. Worse, the colleague allocated to help you is moved to other duties within a month of your restart. The workload continues to increase. It’s an Continue Reading
Claims for Compensation after Assault
Most of our articles dealing with claims for personal injury cover injuries which have been caused as the result of someone’s negligence. In other words, the injuries were not caused intentionally. But what about situations where you have been injured because someone deliberately assaulted you? As a victim of crime you may be able to claim compensation. So what mechanisms exist to deal with claims for compensation after assault? Criminal Injuries Compensation Scheme The Criminal Injuries Compensation Authority (CICA) is a Government body set up to deal with these claims. Elgibility rules and exclusions There are strict rules on eligibility and certain factors can exclude you from making a CICA claim. However, you may be entitled to make a CICA claim if you have been a victim of violent crime or if you were injured while trying to prevent a crime or stop a criminal or while assisting a police officer. Being resident in the UK can be important as there are some Continue Reading
Bicycle Accident in Moray – How To Claim For Personal Injury
If you do any amount of cycling, you will probably have had a near miss or two. Cyclists are vulnerable road users and the risk is always there of an accident or collision with a car, lorry or even another cyclist. Moray has a few designated cycle paths, notably the tracks between Elgin and RAF Lossiemouth and between Forres and Findhorn. However, on numerous minor roads in Moray, the national speed limit is combined with narrow carriageways and restricted visibility. Add to this the ever-increasing volume of traffic on our roads and you can see why an increasing number of cyclists are falling victim to injury as the result of a bicycle accident in Moray. If you are a cyclist unlucky enough to be injured in an accident, you may choose to make a personal injury claim so you can receive compensation for your injuries and other losses. It is likely that your bike will be damaged, possibly beyond economic repair, and you will want any compensation to include an element to pay Continue Reading
Food Poisoning on Holiday: Claiming Compensation for Injury
Going away on holiday gives us the chance to escape the routine of daily life, relax and rejuvenate. If you fall victim to a bout of food poisoning while on holiday, it can ruin the whole experience. You may end up with the feeling that you would have been better off staying at home. What can you do if you have been affected by food poisoning while on holiday and wish to claim compensation? While you are still on holiday You will need to get through the remainder of your holiday as best you can. You may need medical treatment and you should not hesitate to seek medical help if you get food poisoning on holiday. Apart from anything else, the health consequences of food poisoning can be serious if left untreated. From a claim perspective, however, suffering in silence - only to raise the matter on your return home - will make it difficult to prove the link between your illness and the hotel or resort where you stayed. If the hygiene standards at your hotel are poor and you Continue Reading
Holiday Accidents: When Can You Claim?
This is the time of year when many of us are returning to work with happy holiday memories. However, for some, their vacation will have been spoiled by an accident or illness. Damage to your health is upsetting enough but the difficulties created will be compounded where you don’t speak the local language and are dealing with an unfamiliar health care system. Added to the pain and suffering of your injury is the regret that the money you have spent on your trip has been wasted. If you have been the victim of injury or illness on holiday, can you do anything to recoup your losses? It depends upon the exact circumstances but there are certainly some situations in which you can claim successfully for your physical, emotional and financial loss. Package holidays If, for example, the injury occurred while you were on a package holiday, the focus will be on whether the tour operator is to blame. Tour operators have a legal duty to protect the customers to whom they have sold holidays. Continue Reading