Archive for the ‘Uncategorized’ Category
Next Bout Of Cold Icy Weather Hits – Take Care In The Big Freeze!
Most motorist’s have been taking extra care in what has been described as the coldest winter in a century, but just as a reminder for those of you who spend a lot of your time on the road. Here are some useful tips that may help you avoid road accidents and potential personal injury claims now the next wave of sub zero dangerous driving conditions are looming.
Plan your journey
· Ask yourself – is your journey absolutely essential?
· Check the local and national weather forecasts; listen to local and national radio for travel information.
· Tell someone at your destination what time you expect to arrive.
· Clear your windows and mirrors before you set out
Carry rescue equipment throughout the winter
Key items:
Warm clothes and boots
Warning triangle
High visibility jacket
De-icing equipment, including scraper
Working torch
Fully charged mobile (and charger)
Jump leads
Shovel
First aid equipment
Spare bulbs
Tow rope
If you get into trouble
· On a motorway, it is best to use a roadside emergency telephone, because the breakdown/emergency services will be able to locate you easily. If you have to use a mobile phone, make sure you know your location from the numbers the marker posts on the side of the hard shoulder.
· Abandoned vehicles can hold up rescue vehicles and snowploughs. To ensure that the road is cleared as quickly as possible, stay with your vehicle until help arrives. On a motorway, stand behind impact barrier on hard shoulder
· If you have to leave your vehicle to get help, make sure other drivers can see you.
Vehicle condition
· Keep the lights, windows and mirrors clean and free from ice and snow.
· Keep your battery fully charged.
· Add anti-freeze to the radiator and winter additive to the windscreen washer bottles.
· Make sure wipers and lights are in good working order.
· Check that tyres have more than 2mm of tread and are maintained at the correct pressure.
Adjust your driving to the conditions
· Hail, heavy snow and rain reduce visibility…use dipped headlights and reduce your speed.
When roads are icy or slushy
· It can take ten times longer to stop in icy conditions. Drive slowly, allowing extra room to slow down and stop.
· Use the highest gear possible to avoid wheel spin.
· Manoeuvre gently, avoiding harsh braking and acceleration.
· To brake on ice or snow without locking your wheels, get into a low gear earlier than normal, allow your speed to fall and use the brake pedal gently.
· If you start to skid, ease off the accelerator but do not brake suddenly.
Watch out for fog
· In foggy conditions, drive very slowly using dipped headlights.
· Use fog-lights if visibility is seriously reduced, but remember to switch them off when visibility improves.
· Don’t hang on to the tail-lights of the vehicle in front. This gives you a false sense of security and means you may be driving too close.
· Don’t speed up suddenly, even if it seems to be clearing. You can suddenly find yourself back in thick fog.
Winter sun
· Dazzle from winter sun can be dangerous. Keep a pair of sunglasses handy.
Take care around winter maintenance vehicles!
· Salting vehicles
Salting vehicles travel at speeds of up to 40 mph spreading salt across all lanes of the carriageway. Drivers are advised to maintain a safe distance behind them. Do not attempt to overtake.
· Snow ploughing
Snow ploughing can throw up irregular amounts of snow that may be a hazard to vehicles. Drivers are advised to maintain a safe distance behind vehicles and not to attempt to overtake.
Drive safely to avoid road accidents. If you have suffered an injury on the road recently that was due to someone else’s neglect on the roads then you may be eligible to make a car injury claim
Product Liability Claims
Product liability claims are often not made by indivduals who may have suffered injury to health. Claims can be made for defective products against the manufacturer such as defective brakes in cars that may have caused the injury or faulty wiring that may cause shock or other such techinical problems that resulted in you being injured through no fault of your own. The Accident Claim Company can offer support in these types of claims for you.
Our claim form is here:
We fight any claim where the injured party is not at fault and the injury occured within the last three years. Claiming is easy as it is a no win no fee basis, meaning win or lose it will not cost you. The claim settlement amount awarded will naturally differ from case to case depending on the severity of the injury and the circumstances of your claim and how it may affect your earnings and long term health for example.
Ai claims made for product liability and also heatlh claims against an employer will be made against an accident insurance policy that all businesses must have, so if you are concerned that making claim may affect you or an employer then do not worry as any claim settlement awarded will not come out of the empoyers pocket when a claimaint is successul but rather you will be awarded compensation and benefits against the companies public liability insurance.
Many individuals may not be sure about claims services offered by claims management companies but claims companies nowadays are tightly regulated by the compensation act through the Ministry Of Jutice, so these claims solutions and claims services available to all may help you claim. If you are wondering can I claim? Go ahead click the red button below and find out. You may be able to claim money by using the compensation services of The Accident Claim Company.
Yes please help me with my claim.
The end of unsolicited text ppi & claim messages
We have all had them, ourselves included – annoying text messages spammers pestering us with unwanted messages about claiming back ppi or helping those who may have suffered an injury.
The ICO are trying to bring an end to this nuisance and two men have reportedly been arrested in connection with this scam and found £250,000. It is estimated that around thirty thousand complaints about spam texts have been made in the last six months, this is just the tip of the iceberg if you think how few people complain about things due to busy lives.
Here are some tips for the Daily Mail article which featured this story:
HOW TO STOP NUISANCE TEXTS AND MARKETING CALLS
If you receive a text from a company you know, or from an anonymous five digit short code, you can prevent any repeat by replying with the word ‘STOP’.
If the text message is from an unknown company, or from an organisation you are not familiar with, the telecoms watchdog OFCOM recommends that you do not reply.
Responding will confirm that the number is active and might result in more messages, or even voice calls.
Instead, you should report the text to your network operator, which may be able to prevent further messages from the originating number.
If the texts continue, complain to the Information Commissioner’s Office – http://www.ico.gov.uk/complaints.aspx or 0303 123 1113.
To stop unwanted sales calls, register your phone number – either land line or mobile – with the Telephone Preference Service on its website http://www.tpsonline.org.uk or 0845 070 0707.
This service is free and takes some 28 days for the ban to come into effect.
Alternatively, some telephone companies offer services to block unwanted calls. For example, BT offers ‘Privacy at Home’, ‘Choose to Refuse’ and ‘Anonymous Call Rejection‘.
Related articles
Fairground Accidents
The drawback of some temporary fairground rides are that the rides are assembled and dismantled regularly and if anything is slightly loose or defective, can cause personal injuries. Despite this danger the safety of rides are vigorously tested by independent Health & Safety bodies and daily inspections of rides usually take place in fairgrounds.
However accidents and personal injuries can happen.
Here two 16 year old boys from Leicester were thrown from a fairground car and suffered broken arm and broken tooth. Things can be worse for others as being thrown from high speed rides can cause serious head injuries. Whilst accidents are very rare, it’s always wise to be cautious.
It is not clear if the boys familes plan to claim personal injury compensation for this fairground accident.
More news:
http://www.itv.com/news/central/story/2012-07-30/fairground-ride-accident
Passenger Claim
Passenger’s claims are a most simple type of injury claims to be have success with. Why? Well, in almost 100% of cases passenger injuries whether in a family or friend’s car, a taxi, a bus, a van a motorcycle or other types of vehicles; you as a passenger you cannot be held responsible for the negligence of the driver. A passenger compensation claim can be made as vehicle passengers are not to blame for the accident (with the exception of a few very rare cases, for example by taking control of a steering wheel or obstructing the drivers view).
As a passenger you should very feel confident about your chances of winning to a claim as any driver has a duty of care to his or her passengers as well as other pedestrians and road users Many people believe that the vehicle driver is the only one who can claim compensation following a car accident. This is not true and by seeking a good whiplash injury or car accident solicitor you will be taking the best step towards passenger compensation. Ensuring you have good accident claims solicitors at hand will mean that your case will have the best possible chance of maximum compensation.
Passenger Injury Compensation Claims & the No win no fee agreement
If you or a family member has been injured in a car crash recently then the other worry to most people when injured as a passenger, is that they feel they may upset the driver if they claim compensation when it is someone they know personally. It is a misconception to think that you are claiming from the drivers insurance if he or she was not at fault For example if hit in the rear whilst stationary providing you use an external solicitors then if the accident was not the fault of the driver in the vehicle that you were in then you can claim directly from the person(s) who caused the accident (the third party) using an external solicitor or compensation company and not the insurance firm of the driver.
Even if as a passenger the accident was caused by a loved family member, son, boyfriend, girlfriend, parent, daughter, wife or husband you may feel that you do not want to claim because of upset it may cause if the accident was their fault,. It may be understandable to feel that way, but even if the driver was at fault of the vehicle you were in then the case for compensation is paid from the drivers insurance of the responsible party so it’s your call. Either way, as an injured passenger if you consult with no win no fee accident solicitors you will not have to pay win or lose.
Bus, Coach & Other Transport Passenger Claims
Insurance companies are required to insure business who provides public services to passengers in case of accidents and if you have been affected as a passmmger on a bus or coach accident then you should be able to pursue compensation providing you never caused the accident. The duty of care whilst traveling with these companies plain and simply means that if you are injured whilst in their hands you can claim if they have been negligent. Say for example on a busy bus you have to stand in the centre isle and the bus driver performs an emergency brake operation causing you to violently hit your head on a hard seat object or bar or other passenger and suffer injuries as a result, then you may in these circumstances claim bus accident compensation or claim against the negligent driver or company by making a passenger injury claim.
As well as bus passenger and coach passenger accidents, other passenger negligence injury compensation claims can be pursued for:
• Passenger car accidents injuries
• Compensation when injured in Taxi passenger accidents
• Truck or van accidents as passengers i.e. recovery vehicles
• Motorcycle accidents as a passenger
• Passenger train accident injuries
• Passenger ferry accidents or commercial airline flight claims compensation
• Passenger cruise liner ship / boat accidents compensation
Passenger Claim Injury Process How Long?
If you have been injured on the road in the UK then the claim will be submitted via a claims portal to the vehicles insurance company. The company then has only fifteen days to respond to any claim notification submitted in which to accept or deny responsibility. This fast track claims process introduced in 2010 means those claimants for claims between £1000 and £10000 get cash compensation much quicker than in previous years.
In the case of accidents abroad, or on other non road modes of transport then it can be more complex and each case depends on circumstances and location to establish what jurisdiction and laws the accident falls under. Either way don’t delay, contacting us can put you in the right direction and get you on the road to compensation.
Common reasons for passenger accidents
• Driving at too higher speed.
• Driver awareness, not being vigilant and exercising duty of care to other road traffic users.
• Driving not fast enough or braking too late.
• Not leaving enough stopping distance between vehicles in front.
• Not looking at others traffic lights, road signs and notices.
• The condition or state of the vehicle.
• Poor road conditions.
If you have been involved in any car or vehicle accident in the past three years as a passenger and who has suffered personal injury as a result of the accident, you should deploy the essential services of passenger claim injury lawyer to file a claim as soon as possible.
Car Crash UK – Whiplash Payout May Be Waiting To… by AccidentClaim
Accident Claim Calculator for Personal Injury Using the JSB Guidelines
Accident Claim Calculator
JSB Guidelines for the calculation assessment of injury accident claims settlements were introduced in the early 90′s in order to build the integrity of personal injury claims payouts and to create a consistence in the overall case values.
Prior to this introduction there were so many differences between similar claims settlements without the JSB guideline rules. The decision on accident claims payouts were left for the judge of each compensation claim to determine the level of compensation awarded for each claim. The introduction of this legislation has helped judge’s solicitors and claimants have better clarity on compensation claim levels.
Compensation Claims – Accident Claims Calculator
As a victims of no fault injury when looking at making a claim for compensation and not yet done so you are probably wondering how much is my claim worth? Using the JSB the standard guildeline values have helped enormously in recent years in evaluating quantum for the injury by itself. However the fine detail of calculation of the levels of accident compensation also needs to take in to consideration the many different aspects of the injury and accident and emotional sufening, loss of income and impact on your life. The solicitor will look at the accident circumstances, the injury but also how long the pain and emotional suffering will last for. As no two accidents are ever the same, you need to leave the final settlement for your injury, financial loss and length of treatment to the solicitor. The accident claim calculator for injuries therefore are best used as an estimation taking the JSB guidelines as guide of compensation levels for the injury itself, but your case for compensation will be left to the solicitor and judge.
Let’s take a look at the scale of the figures for the various injuries. These guidelines when calculating are only just for your injury, you could receive more when other factors and damages are taken into account.
| Injuries involving Paralysis | Min | Max |
| Quadriplegia | £175,000 | £220,000 |
| Paraplegia | £120,000 | £155,000 |
| Head Injuries | ||
| Brain Damage | ||
| Very Severe Brain Damage | £155,000 | £220,000 |
| Moderately Severe Brain Damage | £120,000 | £155,000 |
| Moderate Brain Damage | £23,500 | £120,000 |
| Minor Brain Damage | £8,500 | £23,500 |
| Minor Head Injury | £1,250 | £7,000 |
| Epilepsy | ||
| Established Grand Mal | £55,000 | £82,000 |
| Established Petit Mal | £30,000 | £71,500 |
| Other Epileptic Conditions | £5,750 | £14,250 |
| Psychiatric Damage | ||
| Severe Psychiatric Damage | £30,000 | £63,000 |
| Moderately Severe Psychiatric Damage | £10,500 | £30,000 |
| Moderate Psychiatric Damage | £3,250 | £10,500 |
| Minor Psychiatric Damage | £800 | £3,250 |
| Post-Traumatic Stress Disorder | ||
| Severe Post-Traumatic Stress Disorder | £34,000 | £55,000 |
| Moderately Severe Post-Traumatic Stress Disorder | £12,500 | £31,750 |
| Moderate Post-Traumatic Stress Disorder | £4,500 | £12,500 |
| Minor Post-Traumatic Stress Disorder | £2,150 | £4,500 |
| Chronic Pain Chronic Pain Syndrome |
||
| Severe | £23,000 | £35,000 |
| Moderate | £6,000 | £18,000 |
| Fibromyalgia | £19,000 | £35,000 |
| Chronic Fatigue Syndrome (in the region of) | £27,500 | |
| Reflex Sympathetic Dystrophy (also called complex regional pain syndrome) |
||
| Severe | £28,000 | £55,000 |
| Moderate | £14,000 | £21,000 |
| Somatoform Disorder (in the region of) | £25,000 | |
| Injuries Affecting the Senses Injuries Affecting Sight |
||
| Total blindness and deafness (in the region of) | £220,000 | |
| Total blindness (in the region of) | £147,500 | |
| Loss of sight in one eye with reduced vision in the remaining eye | £35,000 | £98,000 |
| Total loss of one eye | £30,000 | £36,000 |
| Complete loss of sight in one eye | £30,000 | £27,000 |
| Serious but incomplete loss of vision in one eye | £13,000 | £21,000 |
| Minor but permanent impairment of vision in one eye | £6,750 | £11,500 |
| Minor Eye Injuries | £2,150 | £4,750 |
| Transient Eye Injuries | £1,250 | £2,150 |
| Deafness | ||
| Total Deafness and Loss of Speech | £60,000 | £77,000 |
| Total Deafness | £50,000 | £60,000 |
| Total Loss of Hearing in one Ear | £17,500 | £25,000 |
| Partial Hearing Loss/Tinnitus | ||
| Severe | £16,000 | £25,000 |
| Moderate | £8,000 | £16,000 |
| Mild with some hearing loss | £6,750 | £8,000 |
| Slight of occasional tinnitus with slight hearing loss | £4,000 | £6,750 |
| Impairment of Taste and Smell | ||
| Total loss of taste and smell (in the region of) | £21,500 | |
| Total loss of smell and significant loss of taste | £18,000 | £21,500 |
| Loss of smell | £13,500 | £18,000 |
| Loss of taste | £10,500 | £13,500 |
| Injuries to Internal Organs | ||
| Chest Injuries | £1,250 | £82,000 |
| Lung Disease | £1,250 | £72,500 |
| Asbestos-Related Disease | £5,000 | £70,000 |
| Asthma | £2,750 | £36,000 |
| Reproductive System: Male | ||
| Impotence | £3,500 | £80,000 |
| Reproductive System: Female | ||
| Infertility | £3,500 | £93,000 |
| Digestive System | ||
| Damage Resulting from Traumatic Injury | £3,500 | £34,000 |
| Illness/Damage Resulting from Non-traumatic Injury e.g. Food Poisoning | £500 | £32,000 |
| Kidney | £17,000 | £115,000 |
| Bowels | £6,750 | £82,000 |
| Bladder | £13,000 | £77,000 |
| Spleen | £2,250 | £14,500 |
| Hernia | £1,850 | £13,250 |
| Neck Injuries | ||
| Severe | £12,500 | £82,000 |
| Moderate | £4,250 | £13,750 |
| Minor | £750 | £4,250 |
| Back Injuries | ||
| Severe | £21,500 | £93,000 |
| Moderate | £6,750 | £21,500 |
| Minor (Up to) | £7,500 | |
| Shoulder Injuries | ||
| Severe | £10,500 | £26,500 |
| Serious | £6,750 | £10,500 |
| Moderate | £4,250 | £7,000 |
| Minor (Up to) | £4,500 | |
| Fracture of Clavicle | £2,750 | £6,500 |
| Injuries to the Pelvis and Hips | ||
| Severe | £21,500 | £71,500 |
| Moderate | £14,750 | £21,500 |
| Injuries of Limited Severity | £6,750 | £14,750 |
| Lesser Injuries (Up to) | £7,000 | |
| Amputation of Arms | ||
| Both Arms | £132,500 | £165,000 |
| One Arm | £52,500 | £75,000 |
| Other Arm Injuries | £3,500 | £71,500 |
| Injuries to the Elbow (Up to) | £30,000 | |
| Wrist Injuries (Up to) | £33,000 | |
| Hand Injuries | ||
| From loss of both hands to amputation of finger/fingers | £34,000 | £110,000 |
| Serious Hand Injuries | £8,000 | £34,000 |
| Moderate | £3,500 | £7,250 |
| Minor | £500 | £2,250 |
| Injuries to finger/s (Up to) | £13,500 | |
| Injuries to Thumb (Up to) | £30,000 | |
| Vibration White Finger and/or Hand-Arm Vibration Syndrome |
||
| Serious | £9,250 | £21,000 |
| Moderate | £4,750 | £9,250 |
| Minor | £1,500 | £4,750 |
| Work Related Upper Limb Disorders | £1,250 | £12,500 |
| Leg Injuries | ||
| Amputations | £50,000 | £155,000 |
| Severe Leg Injuries | £15,250 | £74,000 |
| Less Serious Leg Injuries (Up to) | £15,250 | |
| Knee Injuries | ||
| Severe | £14,750 | £52,500 |
| Moderate (Up to) | £14,750 | |
| Ankle Injuries | ||
| Severe | £17,500 | £38,000 |
| Moderate (Up to) | £14,750 | |
| Foot Injuries | ||
| Amputation of both feet | £93,000 | £110,000 |
| Amputation of one foot | £46,000 | £60,000 |
| Severe Injury | £13,750 | £60,000 |
| Moderate | £7,500 | £13,750 |
| Modest (Up to) | £7,500 | |
| Toe Injuries | ||
| Amputation of all Toes | £20,000 | £31,000 |
| Amputation of the Great Toe (In the region of) | £17,500 | |
| Severe Toe Injuries | £5,250 | £10,500 |
| Moderate (Up to) | £5,250 | |
| Facial Injuries | ||
| Skeletal Injuries | ||
| Le Fort Fractures of Frontal Facial Bones | £13,500 | £20,000 |
| Multiple Fractures of Facial Bones | £8,000 | £13,250 |
| Fractures of Nose or Nasal Complex | £1,000 | £12,750 |
| Fractures of Cheekbones | £1,350 | £8,750 |
| Fracture of Jaws | £3,500 | £25,000 |
| Damage to Teeth | £600 | £6,250 |
| Facial Disfigurement | ||
| Females – Scarring | £1,000 | £53,000 |
| Males – Scarring | £1,000 | £36,000 |
| Scarring of Other Parts of the Body | £1,300 | £7,500 |
| Damage to Hair | £2,150 | £6,000 |
| Dermatitis | £1,000 | £10,500 |
The emotional stress, physical losses out of pocket expenses and loss of income are all important factors in the evaluation of financial compensation. Your accident claim will fall somewhere between the top and bottom of the JSB calculator scale dependent on the accident injury.
Please note – Disclaimer. The contents of this article are intended for general information purposes only using information in the public domain and do not constitute full legal advice. We cannot and do not accept responsibility for any losses as a result of or omissions taken in respect of this or any other article on this site. For full legal information always contact an excellent accident claim solicitor and do not rely on accident claim calculators as definitive settlement guides.
Useful Resources:
Personal Injury Settlement
www.judiciary.gov.uk
Guidelines fo the assement in general damages for Personal Injury Cases
JSB Guidelines for the Assessment of General Damages in Personal Injury Cases
Accident claim helpline
Head injury claim
Have you been injured to the head and want to make a head injury claim?
Perhaps you or someone you know may have recently been admitted to hospital with a head injury? Head injuries are one of the worst kinds as they can affect someone seriously depending on the level of injury.
There are many types of head injury which can include brain injury, fractured skull, concussion, dementia pulistica, deep wounds and lacerations, or severe bruising to the brain. The injuries may take weeks or years to recover and the rebuild of someone life depending on the severity of the personal injury can in some instances be slow long and hard. As various injuries do not present themselves immediately, the signs and symptoms of head injuries may not be clearly noticeable after an accident, or head impact. The trauma to the head should be checked by a medical professional immediately if you notice changes or sudden pain, or seizures. If you feel you may have been affected and wondering if you have been injured to the head then never under estimate the dangers and condition. Some head injuries lead to disability or death as cerebrospinal fluid may be leaking from the head area.
Children in particular can be at risk to seizures and brain swelling as they cannot always communicate if they are not of talking age.
Causes of head injury
If you go to a hospital after a car accident you may not only have a whiplash injury to the neck but also a more severe head injury that you cannot see. The injury could be a sudden sharp head impact such as falling heavily and hitting the pavement solid obstacle or a brick walls. A hospital will they will check you over for head injuries and head trauma and give you the reuired treatment. If you are at risk will perform X rays and or including MRI scans to check the extent of your head injury and potential long term effects. If you or a family friend or relative have been diagnosed with a head injury and that injury occurred through the negligence of someone else than you may be able top claim a head injury or Brain Injury Compensation Claim.
Brain Injury fact: According to wikipedia
The incidence (number of new cases) of head injury is 300 of every 100,000 per year (0.3% of the population).
Symtoms of Head Injury (source BBC Health)
• Headache with nausea and vomiting.
• Blurred or double vision.
• Slurred speech.
• Confusion or drowsiness.
• Loss of consciousness – this is usually a sign that more serious damage to the brain may have occurred.
• Blood or clear fluid (cerebrospinal fluid which normally bathes the brain) from the ears or nose.
• Excessive thirst – this may be an early warning sign that the pituitary gland has been damaged during the injury.
• Loss of sense of smell – this is common in more severe injury and may be prolonged.
http://www.nhs.uk/conditions/head-injury-severe-/Pages/Introduction.aspx
International Brain Injury Association
Make a head injury compensation claim
If you have Suffered any kind of minor or catastrophic injury to the head, you may be entitled to make a head injury compensation claim to recover damages from the negligent party. Our head injury claim solicitors are waiting to help you. Make an enquiry today to see how our expert solicitors can help you with your head injury claim.
Recent QueriesThe Accident – Charlie bit my finger again!
The lighter side of accidents..These YouTube video’s The Accident featuring Charlie and his brother have been an internet sensation and to date have clocked up almost 300,000,000 views . They are entertaining and fortunately these accidents did not serioulsy injure anyone involved!
http://www.facebook.com/pages/I-Love-Movies/127078060729789
Even had I thought of trying to get my boys to do this I probably couldn’t have. Neither were coerced into any of this and neither were hurt (for very long anyway). This was just one of those moments when I had the video camera out because the boys were being fun and they provided something really very funny.
http://www.facebook.com/pages/I-Love-Movies/127078060729789
Common Sense Common Safety report by Lord Young of Graffham to the Prime Minister David Cameron
In a recently published report Lord Young of Graffham has compiled a report on the operation of health and safety laws and the growth of the so called “compensation culture”.
Here are some quotes from the full report:
Britain’s ‘compensation culture’ is fuelled by media stories about individuals receiving large compensation payouts for personal injury claims and by constant adverts in the media offering people non-refundable inducements and the promise of a handsome settlement if they claim. It places an unnecessary strain on businesses of all sizes, who fear litigation and are subjected to increasingly expensive insurance premiums.
The 2006 report concluded that problems lay in the public’s increased awareness that it was possible to sue without any financial risk.
Furthermore, many adverts entice potential claimants with promises of an instant cheque as a non-returnable bonus once their claim is accepted – a high pressure inducement to bring a claim if ever there was one.
However, in my view (Lord Young of Graffham) the regulations do not go far enough: they allow companies and personal injury lawyers to advertise in such a way that encourages individuals to believe that they can easily claim compensation for the most minor of incidents and even be financially rewarded once a claim is accepted.
I (Lord Young of Graffham) particularly feel that the system needs to go further and do more to control both the volume of advertising that such companies produce and also the content of these adverts. Indeed, advertising can be seen as one of the key factors in driving a fear of litigation.
It is fair to see from these comments that there is perception that the more advertising or inducements that are being made, the more there appears to be people claiming. The only flaw in this argument surely has to be that any business must be able to promote its own services like just any other business would do. Clamping down too heavily on advertising just because it is for personal injury is surely contrary to being in a democratic developed country where sales and marketing are common place tools for any kind of business. I agree that there are probably too many adverts for “No Win No Fee” and the marketplace is very overcrowded, but will this move to clamp down on advertising stifle business for many small independant solicitors firms, some of whom are already struggling to find enough work?
The Lord Young report also wants an extension of the Road Traffic Accident Personal Injury Scheme.
Quotes:
recommend extending the current Road Traffic Accident Personal Injury Scheme put in place by the Ministry of Justice to include other personal injury and lower value clinical negligence cases…..
recognise that the Road Traffic Accident Personal Injury Scheme will need some modification in procedures if it is to be extended to a wider range of compensation claims
Compensation culture recommendations
Introduce a simplified claims procedure for personal injury claims similar to that for road traffic accidents under £10,000 on a fixed costs basis. Explore the possibility of extending the framework of such a scheme to cover low value medical negligence claims.
Examine the option of extending the
upper limit for road traffic accident
personal injury claims to £25,000.
One thing is for sure is that the personal injury claim litigation business is set for more many changes over the coming months and years and lets all hope it is for the good of the innocent injured victims of negligence.
The full report/publication can be viewed at the http://www.cabinetoffice.gov.uk
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