An accident which happened in East Road, Elgin, Moray, has resulted in a Court of Session action for personal injury compensation. The Court of Session is the highest civil court in Scotland. The decision of the court (2015) is a useful illustration of the principles which apply when you have an accident between a bus and a pedestrian who is on the pavement at the time. Elgin bus The injured person, Ian Whyte, was a 10-year-old school boy at the time of the accident in 2008. He claimed against Bluebird Buses Limited for injuries he suffered when a bus struck him as he was standing on the edge of the kerb at the bus stop. Several young people were jostling for position near the kerb, as the bus drew in to the stop. The evidence indicated that the collision was between the near side of the bus, towards the front, and the back of the boy’s head. The impact knocked him over. However, he managed to pick himself up and get home. Much of the evidence in the case was derived from Continue Reading
Work Accident Prosecution Delays Put Compensation Claims At Risk
If a worker is fatally injured as the result of an accident at work, there will often be an investigation by the Health and Safety Executive (HSE). Available options include: the holding of a Fatal Accident Inquiry by the procurator fiscal; criminal prosecution of the employer and/or any other business which might have been "in control" of the workplace at the time of the accident under the Health and Safety at Work Act. Examples of employer prosecutions as the result of a fatal accident HSE publishes a weekly email bulletin - to which anyone can subscribe - which gives details of the latest health and safety breaches which have given rise to criminal convictions for businesses. The accidents involve life-changing injuries and some result in fatalities. Using as an example the most recent bulletin, we find several reports of fines imposed on businesses for deaths of workers in a variety of circumstances: A landscape gardener who fell under the wheels of a Continue Reading
Jury Trial Risks Highlighted By Dog Bite Case
New Year’s Day in Scotland is a time when families get together to eat, drink and celebrate. Margaret Ferguson went to such a gathering, at her brother-in-law’s house in Dundee, on 01 January 2011. She ended the evening with a serious injury to her face: a full thickness laceration of the left side of her upper lip, extending to and involving the corner of her mouth. Over several months, she went on to need several surgical procedures. The injury left her with permanent scarring. Dog bite The cause of her injury was a bite by her brother-in-law’s Scottish Terrier, Dougal. The dog was nearly 10 years old and suffering from arthritis. As to Dougal’s character, he was “by all accounts, a very friendly good-natured little chap.” So why did he bite Mrs Ferguson? There was a dispute about the circumstances. Mrs Ferguson’s version of events was that, while sitting on the sofa, she had turned round to speak to her husband. At that point, Dougal had suddenly jumped forward and Continue Reading
Injured By An Uninsured Driver? Things You Need To Know About Claiming
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
