Maria Penny (Associate & Personal Injury Solicitor)
It was reported this morning that scaffolders tried to claim thousands in compensation after a council van collided with their lorry – at less than 2mph. The full article can be read here.
Low velocity is an argument raised frequently in road traffic cases. It essentially means that the speed of the collision was not sufficient to have caused injury to the occupants of the vehicle.
Such arguments are based on ‘studies’ carried out in controlled environments and each case will turn on its own facts.
What would injure you may not injure me and each claim must be considered carefully. In this case it seems the claimants’ account of the injuries and losses sustained were found to be false and therefore the claims failed.
Costs orders will inevitably follow if a claimant is found to be untruthful therefore in a case involving arguments of low velocity it is imperative that you know your client/your case well. GP records, a detailed statement from the client, witnesses, friends, and family confirming the injuries sustained, effect on daily living and any damage sustained to the vehicle, however minor, will all assist in establishing whether your client’s/your claim has merit and is likely to succeed.
Tags: accident compensation, compensation claim, injury compensation, Manchester Solicitor, maria penny, personal injury, personal injury manchester, personal injury solicitor, personal injury solicitors, solicitors manchester
Personal Injury | Ralli | 
April 12, 2011 10:14 am | 
Comments (0)
Maria Penny (Associate & Personal Injury Solicitor)
The proposed changes with regard to abolition of success fees and payment of costs out of damages will benefit no one but the insurance industry.
The same are, to my mind, intended to placate the insurance industry and are not intended to increase or ensure access to justice.
Litigation is, certainly in cases I deal with, a last resort and is never entered into lightly. Cases without merit are not freely litigated and a careful assessment of the risks should always take place as it is the solicitor concerned who takes the risk on behalf of the Claimant.
Litigation usually arises as liability is in dispute and the parties cannot reach agreement or, as in most cases I suspect, due to the fact the insurers fail to respond in good time. This in itself drives up the costs of litigation and it is interesting to note that the insurers do not count their own failures and apathy as being a valid reason for legal costs increasing year on year. Read more »
Maria Penny (Associate & Personal Injury Solicitor)
I read yesterday that a company has been fined after one of their workers suffered acid burns to his face and neck as he tried to unblock a sink. The full story can be read here.
Every employer is under a duty to ensure that risks are assessed and that adequate training is provided to employees. Clearly in this case the necessary risk assessment was not conducted to ensure Mr Kelly was carrying out his duties in a reasonably safe manner and furthermore the clothing he was provided with was completely inadequate considering he was working with sulphuric acid.
Whilst we all have a duty to take reasonable steps to ensure we do not unduly expose ourselves to risk it is difficult to see what Mr Kelly could have done in this case, he used the paper overalls provided and presumably carried out the task in the usual way. What is clear is that his employer did not ensure that he was carrying out the task safely by providing adequate training and failed to protect him, where possible, by providing suitable overalls.
We all know that accidents can and do happen, and whilst I am not advocating a ‘nanny state’ simple steps must be taken to protect us all where possible at work. Had the company concerned carried out a risk assessment, provided training and suitable clothing the accident may have been prevented or at the very least Mr Kelly’s injuries may have been less severe. Such steps do not cost very much to carry out and certainly would amount to much less than the fine levied by the HSE and any additional costs which may follow from a civil claim for personal injury.
Maria Penny - Personal Injury Solicitor
In repsonse to the Law Society Gazette article Personal injury solicitors rebuff ABI claims over ‘excessive’ costs
I am astounded at the comments made by the ABI.
The entire system of handling low value RTA cases has been overhauled so as to implement a fixed costs system which will not take account of “claims management companies… racking up high legal costs”. If a claim is worth less than £10,000 to include general damages (the compensation for the actual injury) and special damages (other financial losses excluding vehicle damage) and settles without the need for litigation base profit costs have been limited to a nominal figure agreed following consultation between Claimant representatives and the insurance industry.
We have all had to change our system of work to accommodate the new process to include in most cases new IT systems and staff recruitment/retraining. The cost of the same has not been recoverable and has had to be swallowed by individual firms at a time when some practitioners are struggling to survive. I would not be surprised if the cost of updating their own systems and processes is a factor which has driven up premiums. Read more »
Maria Penny (Personal Injury Solicitor)
Henry Engelhardt, head of Admiral, recently commented that the insurance group had increased motor premiums by 12pc over the last year to “compensate for claims inflation”. He also predicted that the trend would continue this year.
However, it is also noted that premiums are likely to rise due to comparison websites, which give the consumer access to cheaper prices without the hassle of telephoning different insurers direct.
It should not be forgotten that we have also seen one of the worst winters in many years Read more »
Maria Penny (Personal Injury Solicitor)
The Jackson review and report is not, as yet, law but the report highlights several areas likely to be subjected to reform.
The main areas of concern for a Claimant are the suggested ban on recoverability of success fees from the opponent. Read more »
Maria Penny (Solicitor)
Following on from my previous comment, found here, I am concerned about access to justice as some firms may decide not to deal with straightforward claims with a value of less than £10,000 where liability is admitted. Read more »
Maria Penny (Solicitor)
Insurers’ ads to increase over Christmas
Last weeks Law Gazette featured an article on the increasingly controversial subject of Third Party Capture.
The article, Insurers’ PI push, reported that insurers are launching ad campaigns to persuade motorists to “bypass Solicitors and deal directly with the responsible party’s insurer. Read more »
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