Time to Debate the Civil Liability Bill

There has been much debate around the Civil Liability Bill. Many are for the Bill, claiming that necessary actions needed to be taken in response to rising fraudulent claims despite its negative impact on lawyers. On the other hand, many have spoken out against this Bill one the basis of its effect on lawyers. Of course, the debate concerning the Civil Liability Bill is not so cut and dry.

According to the UK Government, the Civil Liability Bill, “makes important changes to the personal injury compensation system in England and Wales. The Bill reforms how the personal injury discount rate (PIDR) is set, aiming to ensure claimants get full and fair compensation to meet their expected needs while reducing the pressure on meeting excessive compensation claims on the NHS; and it delivers on a manifesto commitment to tackling the issues behind the continued high number and cost of whiplash claims.” To read more about this go to UK Government Will Introduce Whiplash Reforms in April 2019.

The Arguments for the Civil Liability Bill

There are many arguments for the Civil Liability Bill which include that a stricter stance needs to be taken to address fraudulent claims specific to whiplash injury claims.  Individuals defending it see that the Government is taking a correlative approach to the situation. In other words, the response from the Bill towards these fraudulent claims is not too overextending. Furthermore, those defending the Bill have claimed that the differentiation between whiplash claims and road accident claims the Bill puts forward is correct in that they are addressing fraudulent action in regards to whiplash claims specifically.

The Arguments against the Civil Liability Bill

Those who have argued against the Civil Liability Bill do not agree with the notion that one section of claims is being targeted; argue that there is no substantive evidence for the Bill and that the system neglects to take into account the suffering, pain as well as the severity of specific injuries. Furthermore, they criticized the way in which the new limit will prevent lawyers from gaining back costs.

What is Your Take?

Both sides seem to have valid arguments.  On the one hand it is imperative that they address the fraudulent claims in an effective manner. On the other hand, perhaps it I right of the opposing side to question the evidence. Bill or not, it should be implemented with due research behind it. What is your take on the debate? Whichever perspective you may have, if you are in need of injury claims services, we can help.

Time to Debate the Civil Liability Bill

There has been much debate around the Civil Liability Bill. Many are for the Bill, claiming that necessary actions needed to be taken in response to rising fraudulent claims despite its negative impact on lawyers. On the other hand, many have spoken out against this Bill one the basis of its effect on lawyers. Of course, the debate concerning the Civil Liability Bill is not so cut and dry.

According to the UK Government, the Civil Liability Bill, “makes important changes to the personal injury compensation system in England and Wales. The Bill reforms how the personal injury discount rate (PIDR) is set, aiming to ensure claimants get full and fair compensation to meet their expected needs while reducing the pressure on meeting excessive compensation claims on the NHS; and it delivers on a manifesto commitment to tackling the issues behind the continued high number and cost of whiplash claims.” To read more about this go to UK Government Will Introduce Whiplash Reforms in April 2019.

The Arguments for the Civil Liability Bill

There are many arguments for the Civil Liability Bill which include that a stricter stance needs to be taken to address fraudulent claims specific to whiplash injury claims.  Individuals defending it see that the Government is taking a correlative approach to the situation. In other words, the response from the Bill towards these fraudulent claims is not too overextending. Furthermore, those defending the Bill have claimed that the differentiation between whiplash claims and road accident claims the Bill puts forward is correct in that they are addressing fraudulent action in regards to whiplash claims specifically.

The Arguments against the Civil Liability Bill

Those who have argued against the Civil Liability Bill do not agree with the notion that one section of claims is being targeted; argue that there is no substantive evidence for the Bill and that the system neglects to take into account the suffering, pain as well as the severity of specific injuries. Furthermore, they criticized the way in which the new limit will prevent lawyers from gaining back costs.

What is Your Take?

Both sides seem to have valid arguments.  On the one hand it is imperative that they address the fraudulent claims in an effective manner. On the other hand, perhaps it I right of the opposing side to question the evidence. Bill or not, it should be implemented with due research behind it. What is your take on the debate? Whichever perspective you may have, if you are in need of injury claims services, we can help.

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Ministry of Justice Issues Clear Guidelines to Regulate CMCs.

The EU is officially enacting the General Data Protection Regulation on the 25th of May. Therefore, the 34th CRM Ministry of Justice bulletin has provided clear guidelines to regulate CMC ’s. These guidelines cover what to do if there are untraceable clients. This as well as  ‘Plevin guidance’, overall direction regarding online advertisement and much more. This in order to assist CMC's with their personal injury compensation or claims business.

Time to Get into the Specifics of the Government CMC Regulations

Untraceable Clients

  • The government has found that many CMC’s are stuck with untraceable clients. They have suggested in their guidelines that CMC’s should first implement certain procedures before using ‘tracing and forwarding services’ and those they should keep a record of the procedures they have gone through. Some of these procedures include to “Conduct a detailed review of the client’s file to identify all contact details”, Send an email to all known email addresses for the client as well as, “Write to all the known addresses of the client.”

Guidance on Plevin Cases

  • The government put forward links that they previously provided in terms of providing Plevin Case guidance which includes guidance on the eligibility of Plevin cases as we are making complaints to the FOS or Financial Ombudsman Service just to name two.

Not sure what a Plevin case is?iNews claims, “The FCA’s Plevin rule says that if more than 50 per cent of your PPI’s cost went as commission to the lender, and this wasn’t explained to you, you are owed the extra money above that cost.”

Online advertisement guidelines

  • The government or Ministry of Justice put forward guidelines concerning online advertising in terms of two aspects:;” Failure to identify the advertiser” as well as “misleading headlines”. “Failure to identify the advertiser” refers to the fact that the CMC’s name must always be obvious on the advertisement. “Misleading headlines” refers to clickbait or sensationalized headlines that CMC’s may use.

Why are these CMC Government Guidelines Important?

As the GDPR official enactment date is fast-approaching, it is important that all CMC’s take all appropriate action. This is as to avoid heavy punitive actions that could affect their claims or personal injury compensation business. If you are still struggling with this the CMC Ministry of Justice guidelines will be able to assist you.   If you are a solicitor and you want to know more about the GDPR and how it may affect you and your personal injury compensation or personal injury claims services business then you should read, GDPR Legislation: What Every Lawyer Should Know about Data Protection.

 

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Government takes Action on Fixed Recoverable Costs in Package Holiday Sickness Claims.

According to the Ministry of Justice, the UK Government has decided to take massive action against fraudulent sickness claims for package holidays. This is because they "damage the British travel industry.” The government is doing this by introducing fixed recoverable costs. These fixed recoverable costs will give tour operators a better chance at challenging claims that seem a little suspicious. This will level out the ‘legal playing field’ of the holiday injury claims sector. These fixed recoverable costs will also begin to address the issue of the rising amount of ungrounded claims. For example, the high level of sickness claim fraud. Not only this but the Ministry of Justice, “…laid before Parliament an amending (negative) statutory instrument (SI) which will extend the fixed recoverable costs regime (FRC) to gastric illness claims”. Furthermore, they will also be presenting a PAP or Pre-Action Protocol for Package Travel Claims.

Package Holidays and Sickness Claim Fraud: Who Are the Culprits?

DWF reported that fraudulent gastric illness claims “make up 90% of such claims”.  Beyond this, they spoke of specific and fraudulent claims cases relating to package holidays. This is where individuals took advantage of the package holidays claims system through package holiday sickness claims fraud. This included Jamie Melling and Chelsea Devine. They made a false sickness claim regarding a claimed gastric illness from a holiday resort in Spain. Another example of this is concerning a trial that took place near the end of last year. Paul Roberts and Deborah Briton found themselves with a 15-month jail sentence. This was of course, due to sickness claims that were fraudulent. The last case they mention is Jade Muzoka and Leon Roberts. They exposed their fraudulent sickness claim behavior via social media.

A little more about the UK Government Pre-Action Protocols

The UK government PAP or Pre Action Protocol aims to put forwards fixed recoverable costs for package travel claims. This as well as outline the steps of the necessary and expected legal protocol. The Protocol outlines the steps from gathering and making copies of medical records as well as the letter of claim. Furthermore, the letter of response, disclosure, expert involvement, negotiations, Alternative Dispute Resolution (ADR) and much more. It has many aims which are to motivate early information exchange and investigation concerning all parties involved. Through doing this the Pre-Action Protocol can help parties avoid litigation. This as well as focus on important issues before any proceedings. Furthermore, it will assist in litigation management if this occurs. Learn more about this by going to the UK government website. Here you can read the full Pre-action Protocol for Resolution of Package Travel Claims.

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Supreme Court Speaks out on Personal Injury Law: Consumers are not to Blame

Supreme Court Judge Criticizes Personal Injury System

The Telegraph has reported that Lord Sumpton,  the  Supreme Court Judge, wants to, ‘take blame out of personal injury law,’ and stop blaming the consumer. Why exactly?  There are many reasons Sumpton sees that the consumer is not to blame. Although, it is important to understand the full situation before we explain the Supreme Court Judge’s opinions.

There has been a rise in insurance costs, specifically pertaining to the motor industry. Not only this, but an increase in faking claims and rising NHS costs. Furthermore, ascension in the compensation claim amounts. They have linked this to the fault of cold callers and no win no fee services.  Furthermore, there is a possibility that certain hotels and resorts may not allow Britons to book with them. This is due to fake holiday illness compensation claims.  The UK Government has made assurances that it will put specific actions in place such as fixed whiplash claim tariff’s as well as banning settlements where the consumer has no evidence of a medical nature.

The Supreme Court Judge claimed that “the system” is the problem for the high rise of compensation claims and not the consumer. This is because the law bases it on placing blame for an individual’s accidents.  He argued that due to the fact that personal injury claims have increased whilst accidents have not, that the rise must be due to “a greater understanding of what can be claimed”. He said that compensation that the state or insurers cannot pay falls on the shoulders of other citizens.  In terms of insures it could “in extreme cases” lead to “insurers simply withdrawing from exposed sectors.” He furthermore made the point that it is not fair that a personal accident claim system based on individual fault relies on the state and insurers to pay out the money for such fault. The Supreme Court Judge criticized the law of tort system.   He claimed, “ it often misses the target, or hits the wrong target. It makes us no safer while producing undesirable side effects. What is more, it does all of these things at disproportionate cost and with altogether excessive delay.” Proposing a blame-free system that is tax funded or by “compulsory insurance.”

Is Making a Personal Accident Claim to Easy? What do You Think of Lord Sumpton’s Opinion?

The Supreme Court judge could be right. When it comes to making a personal accident claim, perhaps the faulty personal injury law system has socialized individuals into claiming for more and in a sense, taking advantage of the blame based system. On the other hand, it seems the rise is due to false claims and the UK government has decided to put adequate procedures in place that prevent individuals from placing blame for a claimed personal accident claim where there is none. Does this not mean that the system simply had to get better at proving the blame and that personal injury law systems without it will, in fact, make it easier to make more claims and heighten costs? What do you think?

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Legit Claims: Innovation Award Finalist at LegalEx 2018

Legit Claims makes an Impression at this year’s LegalEx

We think there is no better way to show what your company and product can do than sharing in an event like LegalEx with other like-minded people and organizations in the country. And so we signed up. We strategized on the right PR, what we will say to potential clients and invested in how we will present ourselves to the world at large. We know that as a start-up, it is essential to grab every opportunity to make an impression in the market. And more importantly, now is the time to show how Legit Claims can help drive legal business forward with the use of technology.

We were exited to stand among other great exhibitors in the legal industry in London last month and wow, did we learn from this experience. LegalEx is an annual event geared towards professional development, business growth and cyber security in the legal sector. With over a hundred and fifty exhibitors, LegalEx is one of the main events of the year where legal service providers and law professionals meet to converge law, technology and security together. With a stunning array of diverse solutions to address the many aspects of running a successful law practice, services on display included marketing, financial, security, business development and client centric solutions to mention a few. During the course of the 2 days, many well-known speakers present discussions on hot topics ranging from cyber security to fraud protection in the digital age and ending of course with the coveted LegalEx Awards in the four categories of: Innovation, Legal Cyber Security, Practice Efficiency and Product of the Year.

Legit Claims at LegalEx

Legit Claims is Anounced Finalist for the Innovation Award 2018

The Innovation award recognises the outstanding tools, products, and service that makes a significant impact on the law sector. Among hundreds of contenders, Legit Claims was proud to be announced one of five finalists to be recognised as the most innovative new product or service to hit the market and change the way the industry works. Creativity is thinking of something new. Innovation is the implementation of something new. This is an apt description of how Legit Claims came into being.

The innovative solution that is the Legit Claims online claims portal brings many of the different aspects of personal injury claims together. The main feature being connecting consumers and law practitioners together in one place. The service is free for customers who can browse many solicitors and law firm profiles to find the most suitable representation for their personal injury case. Solicitor and law firm profiles are uniquely presented to potential clients by claims type and include information such as SRA ID and vital contact details. The unique legit Claims rating enables consumers to choose law practitioners based on the approval of other customers. This customer centric application also includes a method by which new and potential customers can effortlessly contact a solicitor or law firm with by providing a method to book a consultation, request a call-back or directly facilitated calls through the web.

Legit Claims Modernises the Law Industry with an All-Encompassing Digital Solution

The unique value proposition to law firms and solicitors in the UK is the opportunity to belong to the fastest growing online solicitor directory in the UK on a flat rate subscription basis, thus eliminating the referral fee system completely. The Legit Claims system supports it subscribers with top of the range SEO techniques to ensure they are listed among the cream of the crop in Google rankings. The system comes complete with a separate login section where subscribed solicitors and law firms can access the leads gathered through the portal as well as call-back requests and other data such as how often their profile has been viewed.

The Legit Claims pioneers modernises the law industry with an all-encompassing digital solution that facilitates smoother and faster communication methods between consumers seeking legal assistance and legal professionals offering them based on location and or type of claim. Legit Claims is the first of its kind to welcome in the digital future of personal injury in the UK.

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Cycling Death and Injuries Shoot Up Due to Unfixed Potholes

Latest News: Cycling Death Rates and Cycling Injuries on the Rise

According to an online 2016 report by Bought By Many, London saw a great boom in cycling popularity with an increase of 110% since 2000 which means that the news of the high cycling death rates may be concerning to the seemingly popular increase in cycling.

In the latest news, cycling death rates are on the rise due to “pothole strewn roads,” as The Times puts it. In fact, using Department for Transport statistics, the newspaper found that cyclist deaths and those who suffered a serious injury due to cycling have "tripled in a decade.” This is allegedly due to a large amount of these potholes on UK roads. The Telegraph claims that CTC, a cycling charity agrees with this notion that the cycling injuries and deaths are at a large part due to pot holes-and more specifically poor maintenance in terms of getting rid of the problem. Less than 5% of reported damage to the roads by this charity was taken care of where the Spokesman for the CTC, namely Sam Jones said, “"For cyclists, potholes aren't mere inconveniences. They're a real blight, where even the most minor defects can lead to serious, life-changing injuries."”

Newspapers have reported that these high cycling injuries and deaths have increased the call for councils to attend this problem.  Many see that local councils are spending these relevant budgets on adult social care. The government has responded in various ways. The Department of Transport has claimed that the government will be putting a “record” 23 billion into UK road maintenance in order to alleviate the rising issue.

Naming and Shaming Local Councils for Cycling Injuries?

It was reported that ministers were intent on naming and shaming those local councils who have not maintained the roads. This as well as deny them government funding access. Although according to This is Money, the group Fill That Hole has a different perspective saying, “And this isn't about pointing the finger at local authorities or accusing them of not doing their jobs properly. "

This is Money went on to report the top 10 list of councils with the most unfilled reported potholes. Essex County Council comes in fourth. Hertfordshire council follows in 3rd with 3124 unfilled potholes.   Surrey County Council comes in first with 6733 potholes.

High Cycling death rate: Correlation Does Not Imply Causation

One could argue that yes there is a higher amount of serious injury instances or a higher cycling death rate.  Although this does not mean that these are strictly due to potholes. In fact, it could simply be due to the rise in the number of cyclists. Although, as The Times states, “The increase far outstrips the general rise in cycling over the same period.”

Have You Suffered a Serious injury?

Have you experienced a serious injury due to third party negligence?  Are you  making a claim after an accident? Then you should go to the solicitor portal.

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Harvey Weinstein Insurance Company Rejects Covering Sexual Misconduct Lawsuits

Harvey Weinsteins Insurance Company: It is Not a Personal Injury Lawsuit or Accident

According to Deadline, “ Harvey Weinstein's Insurance Company Refuses To Cover Sexual Misconduct Themselves". The disgraced Hollywood producer has lawsuits against him in New York, Los Angeles, Toronto, and London. The company Chubb claims that the policies held by the producer does not cover what they label as “intentional acts”. In other words, it is not a relevant lawsuit. It does not count as either an offense, accident and is not a personal injury lawsuit. The popular Hollywood entertainment news website reports that Weinstein has taken out up to 16 policies with Chubb since he has been with them. These policies include “homeowners policy” and “fine arts coverage.”. Although, they do not include “discrimination”, “abuse”, “molestation”, or “misconduct”.

The Story on Harvey Weinstein:

You have probably heard about the 11 sexual misconduct lawsuits that have been made against Hollywood Producer Harvey Weinstein. Many actresses have since come out, having made claims stretching from sexual misconduct to rape. These actresses include big names from Gwyneth Paltrow, Salma Hayek, Carla Delavigne, Angelina Jolie and Ashley Judd. One of the defences from Weinstein’s team is that many of the actresses had previously praised Weinstein. Furthermore, that they continued to work with him despite allegations. Although according to CBC, the other side, namely Elizabeth Fegan struck back; “If Weinstein thinks he will win by twisting women’s words against them, he fails to understand the law on sexual assault.”’

The #Metoo Movement: What is it all About?

This scandal seemed to spark a string of claims against other big names. It also struck off the #Metoo Movement. This is where individuals from everywhere spoke of their own stories with the hashtag #Metoo.

Although this movement has gained popularity since the Harvey Weinstein lawsuit cases, it is not new. Furthermore, it was no accident. Tanana Burke is the founder of the original #Metoo movement.  The organization provides resources to underprivileged victims of colour.

It seems most of the responses to the movement has been positive. Although, there have been some criticisms. According to the Guardian, Margaret Atwood, popular feminist, and writer of the now popular book-turned-series, ‘A Handmaids Tale’ expressed a controversial opinion.  She is supportive of the movement. Although, she stated concerns over due process and not throwing it away in the wake of this new awareness. This was met with quite a backlash.

Meanwhile, Harvey Weinstein’s uninsured case carries on.  Whether or not we all agree on these events a worldwide conversation around sexual misconduct has begun. Albeit, a seemingly well-needed one.

Are you involved in a possible lawsuit that is, in fact, personal injury related? Use our injury solicitor portal to help you claim compensation for the accident.

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UK Government Will Introduce Whiplash Reforms in April 2019

Not everyone is too happy with the Upcoming Whiplash Reforms Proposed by the UK Government

The UK government's whiplash reforms announcement of the upcoming whiplash reforms was followed by mixed responses. Legal Futures reported on many opinions from all sides of this controversial topic.

Those opposing the whiplash claims reforms

The website reported many opposing opinions in terms of the whiplash claims reforms from many groups. This included individuals representing MASS, APIL, Hodge Jones and Allen. They cited concerns about its implementation. This,  as well as the fact that these whiplash claims reforms may negatively affect injured individuals who are looking for justice. This means especially those with injury claims of a smaller nature.

They cited the Law Society president, "In our submission to the select committee, we outlined the extensive steps that can be required in low-value personal injury claims. We also highlighted new research findings that show 76% of medical experts would not accept instructions from claimants without a lawyer."

“These changes will mean people injured through no fault of their own will struggle to get justice. The Law Society does not accept that these limits are reasonable and we continue to oppose these reforms.”

The APIL president also expressed their dissatisfaction with the fact that the reforms would "go ahead" claiming its negative impact on injured individuals but vowed that it would use what power the APIL had to protect people in these vulnerable positions.

The UK government is doing the right thing: Those for the whiplash reforms

The website reported on Deborah Newberry, who is “head of public affairs at City firm Kennedys.” She spoke in defence of these whiplash reforms. She is of the opinion that these whiplash reforms are good for a variety of reasons. This includes the fact that is continuing the process of LASPO which cut the legal aid budget.

Of course, not all share this same mind-set. A Law Careers Article stated that, ““There is no doubt that LASPO has made accessing justice far more difficult for the lawyers and members of the public on the front line, even in areas which have remained in the scope of the legal aid budget such as civil liberties...”

The opposing opinion seems that the UK government is making it harder for those really in need of justice. Arguably, it seems that the UK government is simply putting the whiplash reforms and LASPO in place to prevent fraud. This, as well as create positive reforms to the justice system. Either way, the debate remains complex and controversial. If you feel that you are searching for justice but just can't seem to find then use our solicitor portal to assist you with your injury compensation claims.

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PI Gateway Funding: Solicitors Shocked at Government Approval

PI Gateway: The Association of British Insurers Given Governmental Approval

The Insurance Times has reported that, "The government accepts an offer in principle for the insurance industry to fund and build new litigation portal" or a pi gateway. The Motor Insurance Bureau will head this up.

The Personal Injury Solicitors' response

Following this information, in their article, Lawyers Outraged as ABI given Go-Ahead to Fund PI Gateway the Insurance Times stated that many solicitors in the UK are not impressed with this governmental decision to allow ABI to build this pi gateway. This is because the solicitors do not see these organizations as partial parties. They are also wary as to what the government has given the ABI in exchange for their action with this pi gateway. Furthermore, these personal injury solicitors say they have seen profits already lowering since this has happened.

The newspaper went onto cite Andrew Tambley, “The whole idea behind the so-called reforms is to prevent/discourage claims, in order to save the insurers money so that they can pay dividends. Following the financial crash, investment returns have been poor so this was reflected in dividends. In order to boost insurer profits, they had to think of alternative ways to make money. Preventing motor claims goes some distance in achieving this aim."

This is not the First Time Solicitors and the Insurance Industry have Clashed

This is not the first time lawyers have come up against the insurance industry. The pi gateway story is just one of what we can assume are many. Just a few weeks ago an Insurer found himself in hot water after allegedly settling compensation claims deliberately. Gavin Edmonson solicitors and Haven insurers were in an ongoing court battle. This ended up with the solicitors taking it to the Supreme Court.

What are the ABI and MBI?

  • The ABI (The Association of British Insurers): A UK trade association of insurance companies.
  • The MIB (The Motor Insurance Bureau): This company provides aid to those who were in road accidents but either do not know third party information or the third party is uninsured. To find out more about this read Uninsured Drivers and Your Rights for Claiming after a Road Accident.

Of course, it is true that insurers make more profit by giving you less. On the other hand, personal injury solicitors make more by pushing to get you the most compensation possible. This is why it is important to hire a lawyer. This is even more true with complex cases. Use our portal to find personal injury lawyers to make sure the insurers give you the compensation you deserve.

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Government Assigns a Date for Whiplash Crackdown

Whiplash crackdown: New Date for Government Clamp Down on Personal Injury Claims

According to the Insurance Times article, Government Sets Date For Whiplash Crackdown, "The government has set a new target date for implementing legislation tightening up personal injury claims.”  This will only come into full effect next year April. Previously they planned for it to come into effect in October. Their first priority seems to be road accidents. They are employing many different strategies in this crackdown. These include curbing the cost of soft tissue personal injury claims.  It also includes, "raising the threshold for small claims court from £1000 to £5000…” and beginning to regulate claims management companies.

The article went onto stipulate what the chair of MASS had to say, ““MASS shall continue to fight the proposed changes to RTA whiplash claims at every opportunity – but if parliament approves the plans and they do proceed, there are still huge questions about how it would be implemented, operated and how the worst consequences can be limited. There is an enormous amount for the government to sort out if it is to hit it's April 2019 target date.”

What Is the Reason for this Government Crackdown?

According to the BBC in 2015, “the number of motorists making claims for whiplash has soared in the UK in recent years,”. Two years ago the government was already making plans to combat this rise. At this time it was reported that 8 out of 10 Road traffic Accident Claims were whiplash. The industry was spending a massive volume on these claims. This gave the UK the name of the “whiplash capital of Europe”. To find out more about the effect of these reforms read How New Whiplash Reforms Influence Personal Injury Compensation.

Accidents and How to make a successful whiplash claim in the United Kingdom

Accidents can be traumatizing. These events can set anxiety even in those who have been in accidents. Many may worry even if they have genuine whiplash claims. Although, there is not much to worry about if it was genuine.  If your injury is genuine, it falls within the personal injury claims criteria that is a good start.   You should also make sure to keep all the evidence and relevant details to make a more successful whiplash claim. To read more about how exactly to go about doing this read, Things to Do After a Whiplash Injury to Make a Road Traffic Accident Claim. Another aspect that can help you with making a successful whiplash claim is to hire an injury solicitor. This is through using our portal to suit your personal injury claims needs.

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Insurance Fees are Becoming Bigger than Claims. Is Personal Injury Exploding?

How much is Your Insurance Company Charging You to Cover a Personal Injury Claim?

We like to think that the investment we are making when paying an insurance fee is a wise personal injury claim choice. We think it is a smart investment for our future health, and any personal injury claim we might have to make. Although, according to the Daily Mail, insurance companies are selling policies with insurance fee that surpasses claim amounts.  Many could perhaps lose money rather than gain a decent compensation payout when claiming for personal injury. This is specifically when trying to claim back from the policy where the excesses tend to be quite large. Even policy name changes can cost enormous amounts in some cases. A Fairer Finance article claims that “on average, making a change to your insurance policy will set you back £23, even if it makes no material difference to the policy itself.”

Insurers Claim that the Insurance Fee Controversy Is Not As Simple As It Seems

The newspaper also claimed that many insurance companies spoke out in defence of this. This is excepting Goodtogo who did not comment. The defences include that any insurance fee is previously disclosed and that the excess does not have a major impact when the costs are large. Furthermore, they said that in some situations they do not charge cancellation fees. Lastly, they claimed that the customers had the choice of whether to choose lower or higher cover whereas they should the one that suits them.

Investigations by Fairer Finance Are Concerning

The newspaper also cited findings from Fairers finance where they found many examples of this issue. One example was concerning car locks. There are firms which allow individuals to claim back less than half of what the average cost of this operation is. With small claims, there were some stolen cash travel policies that gave out £100 in compensation payout at the highest. This is where the excess was 50 and some policy limits were equivalent or at a lower amount to it. They also discovered that in some cases the surplus charges for £100 of stolen cash case was £100.

Make Sure That When You Make an Injury Claim You Have a Solicitor on Hand

Of course, no matter how much your insurance pays out, making a personal injury claim can be a stressful process. Find a personal injury lawyer who can help you get the compensation payout you deserve. Go to our solicitor portal. If you want to estimate how much compensation payout you might get then use our injury claim calculator. To find out more about insurance read Insurance Fraud in the News and How to Avoid Fraudsters.

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British Dad Suffers Serious Neck Injury at Holiday Resort

According to the Mirror, A British dad of 44 years old suffered a serious neck injury worth £1800 during a holiday in Spain. This was on June the 3rd 2017. On top of this, this man, namely Graham Hyde, is making a personal injury claim against the Jet2-the holiday provider.  Of course, this is for negligence where he saw they could have prevented the neck injury if there was foresight involved on part of the holiday resort.

What Happened To The British Dad?

The newspaper explains that Graeme Hyde was enjoying his holiday with his family in Spain. Unfortunately, A young man brought this to a great halt. This is when he bomb dropped on Grames' neck.  This was whilst he, Graeme, was coming down and out of one of the water slides. This holiday accident occurred at Alegria Pineda Splash Hotel in Pineda de Mar in Barcelona. As a result, this holiday accident caused trauma to his neck and upper back. This caused the 44-year-old dad to spend a few days in a neck brace.  Furthermore, the hospital they attended after the incident informed Graeme that he had ‘cervical neck concussion’.

What Occurred After The Holiday Accident?

The newspaper claimed that immediately after the holiday accident had occurred, lifeguards working at the holiday resort placed ice spray and deep heat packs on the area of pain. This was once Graeme finally managed to get out the pool which was incredibly difficult. This combination of ice spray and deep heat packs, in turn, burnt his skin. After the pain increased Graeme and his wife called for a taxi to get to the hospital. Although, the staff did originally get a hold of an ambulance to take him to the hospital.  After this, according to the 44-year-old dad, he spent a very long time waiting to be attended to. Following, the couple, who were celebrating their wedding anniversary with their daughter, found their own way back to the resort in the middle of a taxi strike. Due to his neck injury, Graeme is still experiencing pain and problems for many months after the incident occurred.

Gordon Slater lawyers, who are representing the unimpressed father's case, claim that the holiday resort has not responded and asks why there were no signs in the area which would have prevented the incident from occurring. Graeme himself places no blame on the boy who accidentally jumped onto him.

The Jet 2 resort itself has refused to make any detailed comments on the neck injury at hand.

Making Successful Holiday Injury Claims

As we can see from this case, it is possible to make holiday injury claims if you can prove negligence. Of course, just like Graeme, you need a good solicitor to represent your case. Use our solicitor portal to make successful holiday injury claims.

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Insurer in Hot Water after Allegedly Settling Compensation Claims Deliberately

Haven Insurers Find Themselves in Hot Water at the Supreme Court

In an on-going battle between Gavin Edmonson Solicitors and Haven insurers, the insurers found themselves in some hot water.  More specifically, according to the Law Society Gazette, Gavin Edmonson has accused Haven insurers of not only setting low RTA value compensation claims. This was particularly for six claimants and it overrides the protocol of lawyer fees. On top of this, Gavin Edmonson Solicitors has also accused them of intentionally doing this. The Law Society took the case to the Supreme Court. This was after winning the case at the Court of Appeal. The amount that the law firm is claiming for is up to £12 500.  Of course, this would be the fixed solicitor fees. These are the fees that Haven would have paid if they had not settled the compensation claims.

Haven Insurers Attempt to Escape Hot Water: Denies Claims of Intended Compensation Settlement.

The newspaper claims that the insurer has defended itself from allegations of a deliberate compensation settlement.

The insurer said that this event of compensation settlement was rare.  They stated that it was not a usual practice. Beyond this, the insurers went further to say that the relevant clients were satisfied with their fast response.

Gavin Edmonson Solicitors Accuse the Insurer of Deliberate Action in Compensation Settlement Case

According to the newspaper, The law firm claims that the insurers had cheated them with this action overriding the ‘pre-action’ protocol.  Furthermore, one of the draftsmen of this protocol claimed that the actions of Haven Insurers were quite astounding. The representative argued for the right of equitable intervention, claiming that this puts the honesty of the compensation claims process and business at risk and that the jurisdiction of equity could be flexible to the changing legal ages.

What is the Pre-Action Protocol for Low-Value Road Traffic Accident Claims?

The 31 July 2013 pre-action protocol for low-value RTA or road traffic accident claims has many aims. Its aims are, as the Justice website states to make sure,  “the defendant pays damages and costs using the process set out in the Protocol without the need for the claimant to star proceedings”. Secondly, that the concerned party pays the claim within a sensible timeframe. Lastly, and more relevantly, that, “ the claimants legal representative receives the "fixed costs at each appropriate stage.” It is this last aim that the law firm, Gavin Edmonson Solicitors, have seen Haven insurers as being in breach of.

The Supreme Court is still in the process of hearing the case. Although, Haven insurers are definitely in hot water for what may be purposefully settling compensation claims.  Enjoy a smooth compensation claims process by using our solicitor portal. Find a solicitor that can help you get the compensation you deserve.

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Court of Appeal hears in Solicitors Favour in an RTA Claims Dispute

RTA Claims Dispute over Lawyer Costs

The Law Society lay a dispute claim against Haven insurers in an RTA claims battle. This dispute claim was specifically regarding unpaid lawyer costs on the part of Haven Insurers.  As a result, the Law Society won £12, 500 in costs for Gavin Edmondson Solicitors at the Court of Appeal.

The dispute claim was specifically over local value RTA claims.  Haven declined to pay pre-action protocol solicitor costs. The RTA dispute concerns six individuals and their RTA claims.  In 2012 the Haven insurance company chose to directly settle these individuals’ road traffic accident claims.

Beyond RTA disputes: Taking It to The Supreme Court

Beyond RTA disputes, there is now a need to settle the general matter around insurance companies directly setting claims. Therefore, the Society took the case to the Supreme Court. This is where the Law Society raised an important question. The question of how much the court can intervene in the protection of lawyers’ fees.  The verdict could possibly lead to other law firms making claims against insurers in terms of their solicitor costs.

Due to a 'tripartite’ agreement between the client, the solicitor and the lawyer fixed fees and stage one costs from insurers are a lawyers right. Therefore, the Law Society stated that the ‘principle of equitable interference’ should be instated. This is so that solicitors can ensure they receive these costs.

The Supreme Court and Claims Laws

RTA disputes are not the only controversial issue concerning the Court this year when it comes to personal injury claims. According to The Telegraph, there was a rise in fraudulent claims which have been “blamed on no win no fee lawyer services” and “cold callers encouraging people to sue.” Therefore, the Supreme Court Judge stated that blame should be taken out of personal injury seeing that the proposed changes to the law have not gone far enough.

What is The Law Society?

The Law Society or more specifically ‘The Law Society of England and Wales’ is an independent and private company, in accordance to its 1845 Charter.  The Law Society was founded on the 2 of June in 1825.  It acts as a representative and governing body for all Lawyers within this area.  The Society is involved in the reformation of laws. Not only this, but also upholding good practice and high standards for law firms in their jurisdiction, as well as other functions.

The Law Society, as well as many other boards, such as the SRA or Solicitors Regulation Authority, has accredited many of Legit Claims solicitors. You can find them in our solicitor directory.  Are you thinking of making a claim after an accident? We invite you to search through our widely accredited solicitor directory to find a solicitor that suits you.

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Top 5 Most Dangerous Jobs in the UK

Will You Risk Your Life on these Dangerous Jobs?

When it comes to most dangerous jobs in the UK, one does not always stop and consider the risks involved to go to work every day. Will You Risk Your Life for a Salary?

If you think of most dangerous jobs - it is easy for one to think of the obvious few. We are sure you are thinking of construction workers, policemen and even bomb disposal experts. It will surprise you then to know that salespeople are rates within the top ten most dangerous jobs for your health. Probably because of the high levels of stress.

In many cases, dangerous professions like those in the construction industry are heavily regulated with safety measures. And the state does attempt to protect employees from certain risk factors. Therefore decreasing the risk factors actively for the employees involved. But imagine for a moment a farmer who operates heavy machinery. Or an Uber driver risking their life and limb on a daily basis to make a living.  According to the HSE (Health and Safety Executive) some of the toughest and most dangerous jobs exists within the sectors of agriculture, construction, education and public administration and defense.

 

Here is Our List of the Top 5 Most Dangerous Professions in the UK

1. Construction Workers

As many of the jobs in the industry remain risky, the fatalities speak for themselves. During the period 2016/17 30 people lost their lives whilst performing their duties at work. Major causes includes the operation of heavy machinery and falling from heights. Safety measures in this industry is stringent however, resulting in a decrease of 20% in injuries over the last 7 years.

2. Farmers

The fatality rates as recorded by the HSE indicates that farmers are second in line. With 27 deaths, farmers can be in real danger whilst working with animals, operating heavy machinery and falling objects, to name a few. The risk factors related to this type of work also influences workers health in many ways. Many farmers suffer from work related ailments related to stress and or physical complaints resulting from hard labor.

3. Roofing and Scaffolding

It is no surprise that the majority of workplace deaths are due to falls. 29% of workplace deaths last year was related to falling in some form or another. Scaffolding remains one of the most dangerous jobs in the UK. Even though precautions and safety measures are in place, risk factors includes falling from height and being hit by heavy objects.

4. Lorry Drivers

Vehicle related incidents is also of course in the top 5. As much as a fifth of all fatalities at work falls within the road accident categories – especially heavy road vehicle drivers. With long distances and fatigue behind the wheel as the major causes behind these statistics. Work related injuries and illnesses can include stress, health disorders like obesity and hypertension and physical ailments resulting from long periods behind the wheel.

5. Bin Man/Waste Collection

It appears that operating heavy machinery on the road is not safe either. This deadly job claimed several lives in the last year. You can make a claim for injury in the workplace with Legit ClaimsFind a solicitor today that can help with claiming the compensation you deserve.

The most common causes of death and injury in the workplace is still within the industries where heavy regulation is prevalent. In every of the above professions health and safety precautions are essential. Both the employer and employee must ensure the risks are minimized and lives are saved. This ultimately begs the question: Is the risk of performing a dangerous job worth the reward in the end?

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Working in Cold Temperatures and Your Right to Claim Compensation

Workers Rights and Cold Temperatures

Apart from the obvious discomfort of working in cold temperatures, being exposed to the cold, indoors and outdoors can have hazardous effects on human performance and health. Many workers can experience thermal discomfort, strain and cold-related diseases. Exposure to cold temperatures affects an individual's ability to work well. Consequently, this means that workers exposed to extreme cold may become impaired simply because they can be too cold to function or react fast to a hazardous situation. This compounds common workplace hazards and increases the risk for cold-associated injuries exponentially. This relates directly to the protection of workers rights.

In the UK, the law protect us from cold temperatures and related exposure for this very reason. The law stipulates that that every employer must take precautions to keep employees safe from harm. Subsequently your employer has to protect you from cold weather exposure. If an employer fails in this duty of care, you have a right to claim compensation. Whether it is from cold exposure, resulting illness or an accident which has occurred. Know that help is at hand to claim compensation for your basic workers rights.

Early Warning Signs of Exposure

Watch out for some of the following negative effects of prolonged exposure to moderate to extreme cold temperatures:

  • Dehydration occurs when we do not drink enough fluids, especially when your body needs the fuel to stay warm. Increased respiratory fluid loss is also a common cause of dehydration. For example when you are sweating from exertion underneath heavy layers of clothing.
  • Numbness associated with cold feet and cold hands. Can also occur in unprotected parts of your face for example ears, cheeks, chin or nose. Cold causes slow blood circulation that can have more serious repercussions like frostbite etc. See below.
  • Shivering can be detrimental to your work. Severe shivering (also known as rigors) is when your body is trying to increase its core temperature. Usually a sign you should seek warmth.
  • Frostbite and immersion foot can be very serious and cause tremendous amounts of pain. Prolonged exposure to wet cold socks and shoes causes immersion foot. It can contribute to the devastating effects of frostbite and even cause permanent damage.
  • Hypothermia is characterized by drastic and dangerously low body temperatures. It causes shivering and in extreme exposure causes mental confusion. Hypothermia can be serious if not treated immediately and even lead to death.

5 Tips for Workers in Cold Temperatures

  • Cover up and wear the right clothing. With this in mind cover your head with a hat or headgear provided.
  • Make sure you protect your ears and face. Mittens and gloves for your hands are usually essential.
  • Likewise, foot gear is important. Your boots should be waterproof. Inner insulation can help your feet stay warm and dry.
  • Remain hydrated with warm beverages in any event. Drink frequently and if possible, eat energy rich foods.
  • Be sure to take frequent short breaks. For instance you can break in warm shelters to protect yourself from the cold.

Are You Protected?

The Personal Protective Equipment at Work Act 1992 protects your workers rights. This law requires all employers to provide protective equipment and clothing free of charge to all their workers. The appropriate gear must further adhere to maintenance standards and be fit for its’ purpose, for example cold temperatures. Where necessary, employers are obliged to train their workers in the correct use and application of the above. An update on the law in 2002 further requires the equipment to be appropriately CE-marked.

It is essential for our workforce to learn the signs and symptoms of cold-induced illnesses and injuries – especially if they were caused by cold temperatures. It is essential to know what to do if such injury or illness has occurred, and how to claim compensation. That is why Legit Claims can help you seek compensation. Find how much you could be entitled to by using the Legit Claims Calculator. It is never too late to claim the compensation you deserve. No win, no fee, no fuss.

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Time to Debate the Civil Liability Bill

There has been much debate around the Civil Liability Bill. Many are for the Bill, claiming that necessary actions needed to be taken in response to rising fraudulent claims despite its negative impact on lawyers. On the other hand, many have spoken out against this Bill one the basis of its effect on lawyers. Of course, the debate concerning the Civil Liability Bill is not so cut and dry. According to the UK Government, the Civil Liability Bill, “makes important changes to the personal injury compensation system in England and Wales. The Bill reforms how the personal injury discount rate (PIDR) is set, aiming to ensure claimants get full and fair compensation to meet their expected needs while reducing the pressure on meeting excessive compensation claims on the NHS; and it delivers on a manifesto commitment to tackling the issues behind the continued high number and cost of whiplash claims.” To read more about this go to UK Government Will Introduce Whiplash Reforms in April 2019.

The Arguments for the Civil Liability Bill

There are many arguments for the Civil Liability Bill which include that a stricter stance needs to be taken to address fraudulent claims specific to whiplash injury claims.  Individuals defending it see that the Government is taking a correlative approach to the situation. In other words, the response from the Bill towards these fraudulent claims is not too overextending. Furthermore, those defending the Bill have claimed that the differentiation between whiplash claims and road accident claims the Bill puts forward is correct in that they are addressing fraudulent action in regards to whiplash claims specifically.

The Arguments against the Civil Liability Bill

Those who have argued against the Civil Liability Bill do not agree with the notion that one section of claims is being targeted; argue that there is no substantive evidence for the Bill and that the system neglects to take into account the suffering, pain as well as the severity of specific injuries. Furthermore, they criticized the way in which the new limit will prevent lawyers from gaining back costs.

What is Your Take?

Both sides seem to have valid arguments.  On the one hand it is imperative that they address the fraudulent claims in an effective manner. On the other hand, perhaps it I right of the opposing side to question the evidence. Bill or not, it should be implemented with due research behind it. What is your take on the debate? Whichever perspective you may have, if you are in need of injury claims services, we can help.

Ministry of Justice Issues Clear Guidelines to Regulate CMCs.

The EU is officially enacting the General Data Protection Regulation on the 25th of May. Therefore, the 34th CRM Ministry of Justice bulletin has provided clear guidelines to regulate CMC ’s. These guidelines cover what to do if there are untraceable clients. This as well as  ‘Plevin guidance’, overall direction regarding online advertisement and much more. This in order to assist CMC's with their personal injury compensation or claims business. Time to Get into the Specifics of the Government CMC Regulations Untraceable Clients
  • The government has found that many CMC’s are stuck with untraceable clients. They have suggested in their guidelines that CMC’s should first implement certain procedures before using ‘tracing and forwarding services’ and those they should keep a record of the procedures they have gone through. Some of these procedures include to “Conduct a detailed review of the client’s file to identify all contact details”, Send an email to all known email addresses for the client as well as, “Write to all the known addresses of the client.”
Guidance on Plevin Cases
  • The government put forward links that they previously provided in terms of providing Plevin Case guidance which includes guidance on the eligibility of Plevin cases as we are making complaints to the FOS or Financial Ombudsman Service just to name two.
Not sure what a Plevin case is?iNews claims, “The FCA’s Plevin rule says that if more than 50 per cent of your PPI’s cost went as commission to the lender, and this wasn’t explained to you, you are owed the extra money above that cost.” Online advertisement guidelines
  • The government or Ministry of Justice put forward guidelines concerning online advertising in terms of two aspects:;” Failure to identify the advertiser” as well as “misleading headlines”. “Failure to identify the advertiser” refers to the fact that the CMC’s name must always be obvious on the advertisement. “Misleading headlines” refers to clickbait or sensationalized headlines that CMC’s may use.
Why are these CMC Government Guidelines Important? As the GDPR official enactment date is fast-approaching, it is important that all CMC’s take all appropriate action. This is as to avoid heavy punitive actions that could affect their claims or personal injury compensation business. If you are still struggling with this the CMC Ministry of Justice guidelines will be able to assist you.   If you are a solicitor and you want to know more about the GDPR and how it may affect you and your personal injury compensation or personal injury claims services business then you should read, GDPR Legislation: What Every Lawyer Should Know about Data Protection.  

Government takes Action on Fixed Recoverable Costs in Package Holiday Sickness Claims.

According to the Ministry of Justice, the UK Government has decided to take massive action against fraudulent sickness claims for package holidays. This is because they "damage the British travel industry.” The government is doing this by introducing fixed recoverable costs. These fixed recoverable costs will give tour operators a better chance at challenging claims that seem a little suspicious. This will level out the ‘legal playing field’ of the holiday injury claims sector. These fixed recoverable costs will also begin to address the issue of the rising amount of ungrounded claims. For example, the high level of sickness claim fraud. Not only this but the Ministry of Justice, “…laid before Parliament an amending (negative) statutory instrument (SI) which will extend the fixed recoverable costs regime (FRC) to gastric illness claims”. Furthermore, they will also be presenting a PAP or Pre-Action Protocol for Package Travel Claims.

Package Holidays and Sickness Claim Fraud: Who Are the Culprits?

DWF reported that fraudulent gastric illness claims “make up 90% of such claims”.  Beyond this, they spoke of specific and fraudulent claims cases relating to package holidays. This is where individuals took advantage of the package holidays claims system through package holiday sickness claims fraud. This included Jamie Melling and Chelsea Devine. They made a false sickness claim regarding a claimed gastric illness from a holiday resort in Spain. Another example of this is concerning a trial that took place near the end of last year. Paul Roberts and Deborah Briton found themselves with a 15-month jail sentence. This was of course, due to sickness claims that were fraudulent. The last case they mention is Jade Muzoka and Leon Roberts. They exposed their fraudulent sickness claim behavior via social media.

A little more about the UK Government Pre-Action Protocols

The UK government PAP or Pre Action Protocol aims to put forwards fixed recoverable costs for package travel claims. This as well as outline the steps of the necessary and expected legal protocol. The Protocol outlines the steps from gathering and making copies of medical records as well as the letter of claim. Furthermore, the letter of response, disclosure, expert involvement, negotiations, Alternative Dispute Resolution (ADR) and much more. It has many aims which are to motivate early information exchange and investigation concerning all parties involved. Through doing this the Pre-Action Protocol can help parties avoid litigation. This as well as focus on important issues before any proceedings. Furthermore, it will assist in litigation management if this occurs. Learn more about this by going to the UK government website. Here you can read the full Pre-action Protocol for Resolution of Package Travel Claims.

How Much will Reforms Take out of Claimant Lawyers' Pockets?

Will New Whiplash Reforms Cost Claimant Lawyers as much as £80m?

According to Legal Futures, at the reveal of the Ministry of Justices’ IA the government claimed that it is possible that “whiplash reforms could cost claimant lawyers £80m in lost fees in a year.” The IA connected this loss to a curtailment in the amount of work solicitors will be receiving. They claimed the solution to this would be for claimant lawyers to use that extra time to explore different avenues. On top of this, many claimant lawyers claimed that this is not true in a legal market that already has a high population.  Furthermore, the AI did consider excluding smaller businesses from these changes. The Ministry or government claimed that this would make it lose its purpose.  Of course. this is because many firms fall into this category of business.

Nationwide Accident Claim Changes: Can Lawyers Benefit from these Whiplash Reforms?

The IA proposed that there be possible positives for claimant lawyers arising from these changes to the nationwide accident claim system by the government claiming that the income from legal fees may actually increase as a result of these crackdowns on whiplash claims. This is if “insurers content more cases after the reforms.”

Other Controversies and Opinions Surrounding Whiplash Reforms

Proposed changes to the nationwide accident claim have been attracting backlash from the start that goes beyond claimant lawyers’ fees. To be more specific,  some of them include:
  • Changes to the nationwide accident claim system will make it harder for real claimants to access the justice they deserve
Many have claimed that the intention of the government implementing this of preventing fraudulent claims may not hit the target. Of course, this is because  it may over-extend itself into the area of legitimate claims. Thereby, these reforms may hinder claimant's ability to access the justice they so rightly deserve. In a Road CC report, it is said, “British Cycling.. point out that the proposed changes will leave cyclists and pedestrians with legal bills if they need to make a claim that’s under £5,000. Around 70 percent of cyclists’ compensation claims are for less than this.
  • Whiplash reforms will not decrease car insurance costs
The Telegraph proposed that the whiplash reforms may not decrease car insurance costs. They reported the head of the RAC, Mark Godfrey. claimed that he was positive to hear about the whiplash reforms. Although, he was not entirely positive and did voice some mild concern; "But It’s worth remembering that the savings from tackling bogus whiplash claims are all but wiped out following changes to the discount rate…”

Injury Solicitors Cleared of Fee allegations by the Solicitors Disciplinary Tribunal (SDT)

Solicitors Disciplinary Tribunal (SDT) Clears Injury Claim Lawyers

According to Legal Futures SDT or the Solicitors Disciplinary Tribunal  cleared two injury claim lawyers at Barber and Co, namely Arif Barber, who is the principal of the firm, and Yasin Bagas.  The SRA accused these injury claim lawyers of making improper success fee deductions to client’s damages. This as well as well as not providing adequate supervision to fee earners described by Legal Futures as “unqualified”. This was due to findings that showed that the fees were less than what the contract required. They, also implicated the personal injury solicitor Yasin Bagas, in a  possible fraudulent activity with previous employees of Barber and Co solicitors. Although, the Solicitors Disciplinary Tribunal found that they were unaware of such activity. Although, Mr. Barber “did receive a £8000 fine for other rule breaches.”

Success Fees and Hidden Costs

“No Win No Fee” is almost a personal injury buzzword. The seeming catch is that not only will you pay regular solicitor fees if you win but added on success fees and there still may be many upfront fees such as court and medical fees. Of course, your solicitor is taking a risk on your case and perhaps deserves the extra cost for this.  Although coming out of your damages, it may affect the full purpose of these damages to compensate for monetary losses as well as physical and psychological injury caused by whatsoever accident you are claiming for. The Barber and Bagas case are not the only cases that had controversy surrounding success fees.

Another Success Fee Controversy

In the August of 2015, the Law Gazette published a report on another controversy surrounding success fees.  A firm charged clients a “standard  100% success fee'', to be capped at 25% of damages. The judge did not approve of this. He responded to the idea that firms need to set success fees in order run claims for certain parties without it. “‘The suggestion that solicitors would not undertake the work without the enhancement of a success fee in (at least in as much as it relates to simple and straightforward cases) is unfounded by the experience of the courts in dealing with the many thousands of these cases throughout the country."

What Do You Think?

What do you think about the Solicitors Disciplinary Tribunal (SDT) decision to clear the injury claim lawyers? What do you think about the on-going controversy surrounding success fees? Whatsoever your opinion may be, asking questions such as What Percentage Do No-Win No-Fee Injury Claim Solicitors Take? will help you to expand your conditional fee agreement knowledge.

Supreme Court Speaks out on Personal Injury Law: Consumers are not to Blame

Supreme Court Judge Criticizes Personal Injury System

The Telegraph has reported that Lord Sumpton,  the  Supreme Court Judge, wants to, ‘take blame out of personal injury law,’ and stop blaming the consumer. Why exactly?  There are many reasons Sumpton sees that the consumer is not to blame. Although, it is important to understand the full situation before we explain the Supreme Court Judge’s opinions. There has been a rise in insurance costs, specifically pertaining to the motor industry. Not only this, but an increase in faking claims and rising NHS costs. Furthermore, ascension in the compensation claim amounts. They have linked this to the fault of cold callers and no win no fee services.  Furthermore, there is a possibility that certain hotels and resorts may not allow Britons to book with them. This is due to fake holiday illness compensation claims.  The UK Government has made assurances that it will put specific actions in place such as fixed whiplash claim tariff’s as well as banning settlements where the consumer has no evidence of a medical nature. The Supreme Court Judge claimed that “the system” is the problem for the high rise of compensation claims and not the consumer. This is because the law bases it on placing blame for an individual’s accidents.  He argued that due to the fact that personal injury claims have increased whilst accidents have not, that the rise must be due to “a greater understanding of what can be claimed”. He said that compensation that the state or insurers cannot pay falls on the shoulders of other citizens.  In terms of insures it could “in extreme cases” lead to “insurers simply withdrawing from exposed sectors.” He furthermore made the point that it is not fair that a personal accident claim system based on individual fault relies on the state and insurers to pay out the money for such fault. The Supreme Court Judge criticized the law of tort system.   He claimed, “ it often misses the target, or hits the wrong target. It makes us no safer while producing undesirable side effects. What is more, it does all of these things at disproportionate cost and with altogether excessive delay.” Proposing a blame-free system that is tax funded or by “compulsory insurance.”

Is Making a Personal Accident Claim to Easy? What do You Think of Lord Sumpton’s Opinion?

The Supreme Court judge could be right. When it comes to making a personal accident claim, perhaps the faulty personal injury law system has socialized individuals into claiming for more and in a sense, taking advantage of the blame based system. On the other hand, it seems the rise is due to false claims and the UK government has decided to put adequate procedures in place that prevent individuals from placing blame for a claimed personal accident claim where there is none. Does this not mean that the system simply had to get better at proving the blame and that personal injury law systems without it will, in fact, make it easier to make more claims and heighten costs? What do you think?

GDPR Legislation: What Every Lawyer Should Know about Data Protection

Exploring GDPR Legislation: The Good, the Bad and the Brexit

Is your law firm prepared for the GDPR Legislation? If not, you should consider getting prepared because if not, it may have a big impact on your law firm. The GDPR Legislation or General Data Protection Regulation takes official effect on the 25th of May 2018. There is no grace or turnover period following this. The GDPR Legislation involves new regulations and responsibilities on part of businesses in EU countries or companies that do business with companies in EU countries. It is for the purposes of individual data privacy. It is also to change the way businesses work with data of a private nature and coordinate European data privacy laws.  If you do not comply with this new General Data Protection Regulation you will not be able to do business in EU countries. You could be fined a large amount or perhaps even 4% of your annual turnover. Now that we have a general understanding of this, let’s explore all facets of how the General Data Protection Regulation will affect you if you are a lawyer. The good, the bad and the Brexit.

Personal Injury Solicitors: I am a Lawyer. How Will the General Data Protection Regulation Affect Me?

  • The Good

It is the norm to start with the bad. Although, due to the general perspective of high stress that  law firms, lawyers and perhaps personal injury solicitors are approaching the GDPR with, we thought we would take a bit of a walk outside of the norm today. Surprisingly, there is, as Lawyer Monthly puts forward, positives to this, where they claim, “At the same time, the introduction of GDPR will provide a real opportunity for many businesses. Although the initial focus may be on preparing to comply with the regulations, the purpose of GDPR is to harmonise data protection law across Europe, ultimately making it far easier to share data across borders.”  As a law firm is a type of business, it may just reap the benefits of this as well.  Therefore, the employees such as personal injury solicitors will benefit as well.
  • The Bad

There are many concerns when it comes to the GDPR legislation and personal injury solicitors and here are just a few of them. As mentioned, if you do not comply with the regulations your firm can face harsh penalizations. Using e-discovery or data collection for the purpose of legal discovery will become difficult for personal injury solicitors or any type of lawyer. Lastly, the deadline is fast approaching and as there is no grace period following the deadline. Companies and law firms that have not already put systems in place are going to struggle to meet it.
  • And The Brexit

Good old Brexit. You throw this name into the works and it complicates everything.  Well, in this case, it does not seem that much will change in terms of the GDPR legislation.  This is because the UK government made the claim that they will put similar regulations in if they don not keep GDPR legislation past  Brexit.

What You Can Do

Of course, the date is fast approaching. If you have not already implemented the following, it is perhaps time to get moving.  It is recommended that you create a clear system of consent concerning your clients. You may need a Data Protection Officer (DPO). You should also do as much research as possible. Lastly,  make sure that everyone in your law firm is in the know. This means all personal injury solicitors and every lawyer is included. Of course, this is simply a crude summary. It is your responsibility to protect your law firm and lawyers by doing your research. You need to understand the GDPR legislation. Lastly, you need to make the necessary changes before the looming deadline.

Legit Claims: Innovation Award Finalist at LegalEx 2018

Legit Claims makes an Impression at this year’s LegalEx

We think there is no better way to show what your company and product can do than sharing in an event like LegalEx with other like-minded people and organizations in the country. And so we signed up. We strategized on the right PR, what we will say to potential clients and invested in how we will present ourselves to the world at large. We know that as a start-up, it is essential to grab every opportunity to make an impression in the market. And more importantly, now is the time to show how Legit Claims can help drive legal business forward with the use of technology. We were exited to stand among other great exhibitors in the legal industry in London last month and wow, did we learn from this experience. LegalEx is an annual event geared towards professional development, business growth and cyber security in the legal sector. With over a hundred and fifty exhibitors, LegalEx is one of the main events of the year where legal service providers and law professionals meet to converge law, technology and security together. With a stunning array of diverse solutions to address the many aspects of running a successful law practice, services on display included marketing, financial, security, business development and client centric solutions to mention a few. During the course of the 2 days, many well-known speakers present discussions on hot topics ranging from cyber security to fraud protection in the digital age and ending of course with the coveted LegalEx Awards in the four categories of: Innovation, Legal Cyber Security, Practice Efficiency and Product of the Year. Legit Claims at LegalEx

Legit Claims is Anounced Finalist for the Innovation Award 2018

The Innovation award recognises the outstanding tools, products, and service that makes a significant impact on the law sector. Among hundreds of contenders, Legit Claims was proud to be announced one of five finalists to be recognised as the most innovative new product or service to hit the market and change the way the industry works. Creativity is thinking of something new. Innovation is the implementation of something new. This is an apt description of how Legit Claims came into being. The innovative solution that is the Legit Claims online claims portal brings many of the different aspects of personal injury claims together. The main feature being connecting consumers and law practitioners together in one place. The service is free for customers who can browse many solicitors and law firm profiles to find the most suitable representation for their personal injury case. Solicitor and law firm profiles are uniquely presented to potential clients by claims type and include information such as SRA ID and vital contact details. The unique legit Claims rating enables consumers to choose law practitioners based on the approval of other customers. This customer centric application also includes a method by which new and potential customers can effortlessly contact a solicitor or law firm with by providing a method to book a consultation, request a call-back or directly facilitated calls through the web.

Legit Claims Modernises the Law Industry with an All-Encompassing Digital Solution

The unique value proposition to law firms and solicitors in the UK is the opportunity to belong to the fastest growing online solicitor directory in the UK on a flat rate subscription basis, thus eliminating the referral fee system completely. The Legit Claims system supports it subscribers with top of the range SEO techniques to ensure they are listed among the cream of the crop in Google rankings. The system comes complete with a separate login section where subscribed solicitors and law firms can access the leads gathered through the portal as well as call-back requests and other data such as how often their profile has been viewed. The Legit Claims pioneers modernises the law industry with an all-encompassing digital solution that facilitates smoother and faster communication methods between consumers seeking legal assistance and legal professionals offering them based on location and or type of claim. Legit Claims is the first of its kind to welcome in the digital future of personal injury in the UK.

How will Brexit Changes affect Personal Injury in the UK?

Personal Injury UK: EU Directives, National Law, and Brexit 

The concerning controversial implications of Brexit seem to draw nearer in the personal injury claims or personal injury UK sector. This is as the reality of Brexit comes to shine next year March-specifically “11pm UK time on Friday 29 March 2019”, according to the BBC. Although there are, according to Lawyer Monthly, EU directives concerning personal injury claims law in the UK. Therefore, it is not clear what will happen after the UK leaves the EU. These directives, according to Ashfords include The Consumer Protection Act of 1987 and Health and Safety at Work.  On top of this, it also includes the Accidents Abroad Directive. When it comes to consumer protection, the EU act of 1987 protects UK citizens from defective products.  The Accidents Abroad Directive includes the EHIC card.  This provides EU citizens with healthcare whilst abroad as well as safeguarding those abroad who were in an accident abroad but are uninsured or untraced. Lastly, the Health and Safety at Work provides health and safety measures as well as regulations to protect UK citizens. The catch is, as Lawyer Monthly states, that the UK needs to pass new laws before they can simply forego the EU laws. This applies even if or when the country does leave the European Union

Arguments For and Against Brexit

Brexit has, from the beginning, been a controversial topic of conversation. There have been arguments from both sides of the field for and against Brexit. MarketWatch has outlined these arguments: Those on the side of Brexit claim that it will bring much needed ‘Immigration control’ and will ‘improve the economy’. Furthermore, it will allow the UK to shape its own economy, it has an anti-establishment appeal and food prices would go down. There are many arguments against Brexit.  This side claims that the economy will suffer if the UK leaves the EU. Furthermore, that the uncertainty could hurt UK businesses and that it is more secure to stay in the EU. Lastly, that visas will be needed to travel as well as concerns over income loss. “If the surprise outcome of the recent UK referendum - on whether to leave or remain in the European Union - teaches us anything, it is that supposedly worthy demonstration of democracy in action can actually do more damage than good. Witness a nation now more divided; an intergenerational schism in the making; both a governing and opposition party torn to shreds from the inside; infinitely more complex issues raised than satisfactory solutions provided. It begs to inquire 'Was it really all worth it'?” ― Alex Morritt It seems that the general opinion from either side has not seriously considered the implications of Brexit on the personal injury claims sector or personal injury UK.  Either way, it seems that these Directives will not simply be overturned. Therefore, for now, the personal injury claims UK and personal injury UK sector does not look like it will be facing any major changes.

Cycling Death and Injuries Shoot Up Due to Unfixed Potholes

Latest News: Cycling Death Rates and Cycling Injuries on the Rise

According to an online 2016 report by Bought By Many, London saw a great boom in cycling popularity with an increase of 110% since 2000 which means that the news of the high cycling death rates may be concerning to the seemingly popular increase in cycling. In the latest news, cycling death rates are on the rise due to “pothole strewn roads,” as The Times puts it. In fact, using Department for Transport statistics, the newspaper found that cyclist deaths and those who suffered a serious injury due to cycling have "tripled in a decade.” This is allegedly due to a large amount of these potholes on UK roads. The Telegraph claims that CTC, a cycling charity agrees with this notion that the cycling injuries and deaths are at a large part due to pot holes-and more specifically poor maintenance in terms of getting rid of the problem. Less than 5% of reported damage to the roads by this charity was taken care of where the Spokesman for the CTC, namely Sam Jones said, “"For cyclists, potholes aren't mere inconveniences. They're a real blight, where even the most minor defects can lead to serious, life-changing injuries."” Newspapers have reported that these high cycling injuries and deaths have increased the call for councils to attend this problem.  Many see that local councils are spending these relevant budgets on adult social care. The government has responded in various ways. The Department of Transport has claimed that the government will be putting a “record” 23 billion into UK road maintenance in order to alleviate the rising issue.

Naming and Shaming Local Councils for Cycling Injuries?

It was reported that ministers were intent on naming and shaming those local councils who have not maintained the roads. This as well as deny them government funding access. Although according to This is Money, the group Fill That Hole has a different perspective saying, “And this isn't about pointing the finger at local authorities or accusing them of not doing their jobs properly. " This is Money went on to report the top 10 list of councils with the most unfilled reported potholes. Essex County Council comes in fourth. Hertfordshire council follows in 3rd with 3124 unfilled potholes.   Surrey County Council comes in first with 6733 potholes.

High Cycling death rate: Correlation Does Not Imply Causation

One could argue that yes there is a higher amount of serious injury instances or a higher cycling death rate.  Although this does not mean that these are strictly due to potholes. In fact, it could simply be due to the rise in the number of cyclists. Although, as The Times states, “The increase far outstrips the general rise in cycling over the same period.”

Have You Suffered a Serious injury?

Have you experienced a serious injury due to third party negligence?  Are you  making a claim after an accident? Then you should go to the solicitor portal.

Harvey Weinstein Insurance Company Rejects Covering Sexual Misconduct Lawsuits

Harvey Weinsteins Insurance Company: It is Not a Personal Injury Lawsuit or Accident

According to Deadline, “ Harvey Weinstein's Insurance Company Refuses To Cover Sexual Misconduct Themselves". The disgraced Hollywood producer has lawsuits against him in New York, Los Angeles, Toronto, and London. The company Chubb claims that the policies held by the producer does not cover what they label as “intentional acts”. In other words, it is not a relevant lawsuit. It does not count as either an offense, accident and is not a personal injury lawsuit. The popular Hollywood entertainment news website reports that Weinstein has taken out up to 16 policies with Chubb since he has been with them. These policies include “homeowners policy” and “fine arts coverage.”. Although, they do not include “discrimination”, “abuse”, “molestation”, or “misconduct”.

The Story on Harvey Weinstein:

You have probably heard about the 11 sexual misconduct lawsuits that have been made against Hollywood Producer Harvey Weinstein. Many actresses have since come out, having made claims stretching from sexual misconduct to rape. These actresses include big names from Gwyneth Paltrow, Salma Hayek, Carla Delavigne, Angelina Jolie and Ashley Judd. One of the defences from Weinstein’s team is that many of the actresses had previously praised Weinstein. Furthermore, that they continued to work with him despite allegations. Although according to CBC, the other side, namely Elizabeth Fegan struck back; “If Weinstein thinks he will win by twisting women’s words against them, he fails to understand the law on sexual assault.”’

The #Metoo Movement: What is it all About?

This scandal seemed to spark a string of claims against other big names. It also struck off the #Metoo Movement. This is where individuals from everywhere spoke of their own stories with the hashtag #Metoo. Although this movement has gained popularity since the Harvey Weinstein lawsuit cases, it is not new. Furthermore, it was no accident. Tanana Burke is the founder of the original #Metoo movement.  The organization provides resources to underprivileged victims of colour. It seems most of the responses to the movement has been positive. Although, there have been some criticisms. According to the Guardian, Margaret Atwood, popular feminist, and writer of the now popular book-turned-series, ‘A Handmaids Tale’ expressed a controversial opinion.  She is supportive of the movement. Although, she stated concerns over due process and not throwing it away in the wake of this new awareness. This was met with quite a backlash. Meanwhile, Harvey Weinstein’s uninsured case carries on.  Whether or not we all agree on these events a worldwide conversation around sexual misconduct has begun. Albeit, a seemingly well-needed one. Are you involved in a possible lawsuit that is, in fact, personal injury related? Use our injury solicitor portal to help you claim compensation for the accident.

UK Government Will Introduce Whiplash Reforms in April 2019

Not everyone is too happy with the Upcoming Whiplash Reforms Proposed by the UK Government

The UK government's whiplash reforms announcement of the upcoming whiplash reforms was followed by mixed responses. Legal Futures reported on many opinions from all sides of this controversial topic.

Those opposing the whiplash claims reforms

The website reported many opposing opinions in terms of the whiplash claims reforms from many groups. This included individuals representing MASS, APIL, Hodge Jones and Allen. They cited concerns about its implementation. This,  as well as the fact that these whiplash claims reforms may negatively affect injured individuals who are looking for justice. This means especially those with injury claims of a smaller nature. They cited the Law Society president, "In our submission to the select committee, we outlined the extensive steps that can be required in low-value personal injury claims. We also highlighted new research findings that show 76% of medical experts would not accept instructions from claimants without a lawyer." “These changes will mean people injured through no fault of their own will struggle to get justice. The Law Society does not accept that these limits are reasonable and we continue to oppose these reforms.” The APIL president also expressed their dissatisfaction with the fact that the reforms would "go ahead" claiming its negative impact on injured individuals but vowed that it would use what power the APIL had to protect people in these vulnerable positions.

The UK government is doing the right thing: Those for the whiplash reforms

The website reported on Deborah Newberry, who is “head of public affairs at City firm Kennedys.” She spoke in defence of these whiplash reforms. She is of the opinion that these whiplash reforms are good for a variety of reasons. This includes the fact that is continuing the process of LASPO which cut the legal aid budget. Of course, not all share this same mind-set. A Law Careers Article stated that, ““There is no doubt that LASPO has made accessing justice far more difficult for the lawyers and members of the public on the front line, even in areas which have remained in the scope of the legal aid budget such as civil liberties...” The opposing opinion seems that the UK government is making it harder for those really in need of justice. Arguably, it seems that the UK government is simply putting the whiplash reforms and LASPO in place to prevent fraud. This, as well as create positive reforms to the justice system. Either way, the debate remains complex and controversial. If you feel that you are searching for justice but just can't seem to find then use our solicitor portal to assist you with your injury compensation claims.

Insurance Solicitors Demand a PPI Fee Cap Extension to Personal Injury Claims

According to Legal Futuresamongst the scurry to set a date for whiplash reforms insurance solicitors demanded a ppi fee cap extension to personal injury claims. In their own words, “Insurance lawyers’ call for the government to extend the fee cap to be imposed on PPI cases to personal injury claims ahead of the whiplash reforms fell on deaf ears this week.”  Insurance lawyers proposed this ppi fee cap would allow these lawyers to ask for up to 20% in compensation with ppi cases. This would occur by curbing the CMC’s or Claims Management Company’s .In the end; the Government did not implement any of these changes.

What the Insurance Solicitors have to Say

Legal Futures explained that the insurance solicitors want a ppi fee cap for many reasons. These include that with more government involvement and therefore more CMC involvement in the personal injury claims sector, prices could go higher and fraud could become more prevalent, which strangely the whiplash reforms are trying to lessen. Insurance solicitors also see that a ppi fee cap would force CMC’s to look for opportunities elsewhere leaving the lawyers with a larger market.

What the Claims Management Companies have to Say

It seems from the report that the CMC’s report that the ppi fee cap, according to them, would lead to huge losses in companies and them having to, therefore, let go of many employees. Furthermore that it could lead to companies going out of business and therefore being a detriment to the consumers. The ACA supported these statements through research done which found that a large percentage of CMC’s would go down and that over 50% of CMC’s would have to let go of employees.

This is not the First Controversy Surrounding These Types of Claims

As many know, this is not the first controversy surrounding PPI. A 2016 Guardian article stated that the mis-selling of PPI had been occurring since the 1990’s. The Financial Conduct Authority or FCA estimated, “3m people were affected”. The FCA then went onto to announce a June 2019 deadline for individuals to claim for these mis-sellings.

So, who is Right?

Let us take both parties for their words.. It seems that either way there would be detrimental effects on the consumers. Although, it seems that the CMC's may have a stronger case this time. This is due to  their proposed detrimental effects on the consumer as well as employees, backed by ACA research. Although, the truth is that we can never know the true motivations from each side. We can also not say for sure what will happen in the future. This, of course, is a decision Governments have to make every day; which option is the lesser of two evils? Can you decide? Whatever your opinion may be, if you find yourself in a sticky situation you need solicitors to assist you. Legit Claims solicitor portal has a great list of solicitors to help you with personal injury compensation.

PI Gateway Funding: Solicitors Shocked at Government Approval

PI Gateway: The Association of British Insurers Given Governmental Approval

The Insurance Times has reported that, "The government accepts an offer in principle for the insurance industry to fund and build new litigation portal" or a pi gateway. The Motor Insurance Bureau will head this up.

The Personal Injury Solicitors' response

Following this information, in their article, Lawyers Outraged as ABI given Go-Ahead to Fund PI Gateway the Insurance Times stated that many solicitors in the UK are not impressed with this governmental decision to allow ABI to build this pi gateway. This is because the solicitors do not see these organizations as partial parties. They are also wary as to what the government has given the ABI in exchange for their action with this pi gateway. Furthermore, these personal injury solicitors say they have seen profits already lowering since this has happened. The newspaper went onto cite Andrew Tambley, “The whole idea behind the so-called reforms is to prevent/discourage claims, in order to save the insurers money so that they can pay dividends. Following the financial crash, investment returns have been poor so this was reflected in dividends. In order to boost insurer profits, they had to think of alternative ways to make money. Preventing motor claims goes some distance in achieving this aim."

This is not the First Time Solicitors and the Insurance Industry have Clashed

This is not the first time lawyers have come up against the insurance industry. The pi gateway story is just one of what we can assume are many. Just a few weeks ago an Insurer found himself in hot water after allegedly settling compensation claims deliberately. Gavin Edmonson solicitors and Haven insurers were in an ongoing court battle. This ended up with the solicitors taking it to the Supreme Court.

What are the ABI and MBI?

  • The ABI (The Association of British Insurers): A UK trade association of insurance companies.
  • The MIB (The Motor Insurance Bureau): This company provides aid to those who were in road accidents but either do not know third party information or the third party is uninsured. To find out more about this read Uninsured Drivers and Your Rights for Claiming after a Road Accident.
Of course, it is true that insurers make more profit by giving you less. On the other hand, personal injury solicitors make more by pushing to get you the most compensation possible. This is why it is important to hire a lawyer. This is even more true with complex cases. Use our portal to find personal injury lawyers to make sure the insurers give you the compensation you deserve.

Government Assigns a Date for Whiplash Crackdown

Whiplash crackdown: New Date for Government Clamp Down on Personal Injury Claims

According to the Insurance Times article, Government Sets Date For Whiplash Crackdown, "The government has set a new target date for implementing legislation tightening up personal injury claims.”  This will only come into full effect next year April. Previously they planned for it to come into effect in October. Their first priority seems to be road accidents. They are employing many different strategies in this crackdown. These include curbing the cost of soft tissue personal injury claims.  It also includes, "raising the threshold for small claims court from £1000 to £5000…” and beginning to regulate claims management companies. The article went onto stipulate what the chair of MASS had to say, ““MASS shall continue to fight the proposed changes to RTA whiplash claims at every opportunity – but if parliament approves the plans and they do proceed, there are still huge questions about how it would be implemented, operated and how the worst consequences can be limited. There is an enormous amount for the government to sort out if it is to hit it's April 2019 target date.”

What Is the Reason for this Government Crackdown?

According to the BBC in 2015, “the number of motorists making claims for whiplash has soared in the UK in recent years,”. Two years ago the government was already making plans to combat this rise. At this time it was reported that 8 out of 10 Road traffic Accident Claims were whiplash. The industry was spending a massive volume on these claims. This gave the UK the name of the “whiplash capital of Europe”. To find out more about the effect of these reforms read How New Whiplash Reforms Influence Personal Injury Compensation.

Accidents and How to make a successful whiplash claim in the United Kingdom

Accidents can be traumatizing. These events can set anxiety even in those who have been in accidents. Many may worry even if they have genuine whiplash claims. Although, there is not much to worry about if it was genuine.  If your injury is genuine, it falls within the personal injury claims criteria that is a good start.   You should also make sure to keep all the evidence and relevant details to make a more successful whiplash claim. To read more about how exactly to go about doing this read, Things to Do After a Whiplash Injury to Make a Road Traffic Accident Claim. Another aspect that can help you with making a successful whiplash claim is to hire an injury solicitor. This is through using our portal to suit your personal injury claims needs.

Circus Performer Still Waiting for Workplace Injury Compensation Action

Circus Performer Case ‘Struck Out’ In Injury Compensation Case

According to Personal Injuries Team Ireland, a court likely dismissed a circus performer’s workplace injury compensation without hearing the full case. According to Circus performer, Amanda Bratby, age 53 and previously aspiring circus ring master, a loose steel tubing struck and injured her significantly. This was whilst amidst a Fosset Brothers Circus Ltd show on October 11, 2012.

The Court Proceedings: Mrs. Bratby Claims Accident Had a Significant Effect on Her Work

Mrs. Bratby laid a workplace injury compensation claim against the Fosset Brothers Circus Ltd. Her representation made the case that the accident significantly affected her work performance and income. They claimed her performing abilities are now much more limited as compared to before the accident. Fosset Brother Circus’s representation claimed that the circus performer was, in fact, receiving more income than previously. During a recess, Mrs Bratbys solicitors told her that her workplace injury compensation case would be dismissed. This is not the only case a court dismissed within this and the last year. One case occurring on the 9th of March and reported by DWF, saw a road accident case being dismissed by the court. This was due to the claimant exaggerating her symptoms following and due to the road accident. The court,  “dismissed (it) under section 57 of the Criminal Justice and Courts Act 2015 due to fundamental dishonesty..”

What You Should Consider before Going to Court for an Injury Compensation Claim

Beyond the fact that going to Court can be a stressful process, you never know if you may end up not receiving your compensation payout. This is why you should consider a few options before you step into a courtroom for a workplace injury compensation claim or in fact, any personal injury claim. Firstly, there is the option of using ADR or Alternative Dispute Resolution. This is where you can attempt to have your case settled without going to court. Although, ADR is specifically linked to trader issues.  It does not apply to workplace injury compensation claims. You should also ask yourself if you have the time and the money for court and solicitor fees

Get Your Compensation Payout: The Good News About Solicitor Fees

The good news is there are many solicitors who offer their services on a no-win no-fee basis. This is so that you don’t have to go through the stress of possibly losing a lot of money. Find one of these solicitors to assist you with workplace accident compensation claims with our solicitor portal. We want to help you get the compensation payout you deserve. Read more about how to get the compensation payout you deserve by reading The Ultimate Guide to Workplace Injury Claims.  

Insurance Fees are Becoming Bigger than Claims. Is Personal Injury Exploding?

How much is Your Insurance Company Charging You to Cover a Personal Injury Claim?

We like to think that the investment we are making when paying an insurance fee is a wise personal injury claim choice. We think it is a smart investment for our future health, and any personal injury claim we might have to make. Although, according to the Daily Mail, insurance companies are selling policies with insurance fee that surpasses claim amounts.  Many could perhaps lose money rather than gain a decent compensation payout when claiming for personal injury. This is specifically when trying to claim back from the policy where the excesses tend to be quite large. Even policy name changes can cost enormous amounts in some cases. A Fairer Finance article claims that “on average, making a change to your insurance policy will set you back £23, even if it makes no material difference to the policy itself.”

Insurers Claim that the Insurance Fee Controversy Is Not As Simple As It Seems

The newspaper also claimed that many insurance companies spoke out in defence of this. This is excepting Goodtogo who did not comment. The defences include that any insurance fee is previously disclosed and that the excess does not have a major impact when the costs are large. Furthermore, they said that in some situations they do not charge cancellation fees. Lastly, they claimed that the customers had the choice of whether to choose lower or higher cover whereas they should the one that suits them.

Investigations by Fairer Finance Are Concerning

The newspaper also cited findings from Fairers finance where they found many examples of this issue. One example was concerning car locks. There are firms which allow individuals to claim back less than half of what the average cost of this operation is. With small claims, there were some stolen cash travel policies that gave out £100 in compensation payout at the highest. This is where the excess was 50 and some policy limits were equivalent or at a lower amount to it. They also discovered that in some cases the surplus charges for £100 of stolen cash case was £100.

Make Sure That When You Make an Injury Claim You Have a Solicitor on Hand

Of course, no matter how much your insurance pays out, making a personal injury claim can be a stressful process. Find a personal injury lawyer who can help you get the compensation payout you deserve. Go to our solicitor portal. If you want to estimate how much compensation payout you might get then use our injury claim calculator. To find out more about insurance read Insurance Fraud in the News and How to Avoid Fraudsters.

British Dad Suffers Serious Neck Injury at Holiday Resort

According to the Mirror, A British dad of 44 years old suffered a serious neck injury worth £1800 during a holiday in Spain. This was on June the 3rd 2017. On top of this, this man, namely Graham Hyde, is making a personal injury claim against the Jet2-the holiday provider.  Of course, this is for negligence where he saw they could have prevented the neck injury if there was foresight involved on part of the holiday resort.

What Happened To The British Dad?

The newspaper explains that Graeme Hyde was enjoying his holiday with his family in Spain. Unfortunately, A young man brought this to a great halt. This is when he bomb dropped on Grames' neck.  This was whilst he, Graeme, was coming down and out of one of the water slides. This holiday accident occurred at Alegria Pineda Splash Hotel in Pineda de Mar in Barcelona. As a result, this holiday accident caused trauma to his neck and upper back. This caused the 44-year-old dad to spend a few days in a neck brace.  Furthermore, the hospital they attended after the incident informed Graeme that he had ‘cervical neck concussion’.

What Occurred After The Holiday Accident?

The newspaper claimed that immediately after the holiday accident had occurred, lifeguards working at the holiday resort placed ice spray and deep heat packs on the area of pain. This was once Graeme finally managed to get out the pool which was incredibly difficult. This combination of ice spray and deep heat packs, in turn, burnt his skin. After the pain increased Graeme and his wife called for a taxi to get to the hospital. Although, the staff did originally get a hold of an ambulance to take him to the hospital.  After this, according to the 44-year-old dad, he spent a very long time waiting to be attended to. Following, the couple, who were celebrating their wedding anniversary with their daughter, found their own way back to the resort in the middle of a taxi strike. Due to his neck injury, Graeme is still experiencing pain and problems for many months after the incident occurred. Gordon Slater lawyers, who are representing the unimpressed father's case, claim that the holiday resort has not responded and asks why there were no signs in the area which would have prevented the incident from occurring. Graeme himself places no blame on the boy who accidentally jumped onto him. The Jet 2 resort itself has refused to make any detailed comments on the neck injury at hand.

Making Successful Holiday Injury Claims

As we can see from this case, it is possible to make holiday injury claims if you can prove negligence. Of course, just like Graeme, you need a good solicitor to represent your case. Use our solicitor portal to make successful holiday injury claims.

Insurer in Hot Water after Allegedly Settling Compensation Claims Deliberately

Haven Insurers Find Themselves in Hot Water at the Supreme Court

In an on-going battle between Gavin Edmonson Solicitors and Haven insurers, the insurers found themselves in some hot water.  More specifically, according to the Law Society Gazette, Gavin Edmonson has accused Haven insurers of not only setting low RTA value compensation claims. This was particularly for six claimants and it overrides the protocol of lawyer fees. On top of this, Gavin Edmonson Solicitors has also accused them of intentionally doing this. The Law Society took the case to the Supreme Court. This was after winning the case at the Court of Appeal. The amount that the law firm is claiming for is up to £12 500.  Of course, this would be the fixed solicitor fees. These are the fees that Haven would have paid if they had not settled the compensation claims.

Haven Insurers Attempt to Escape Hot Water: Denies Claims of Intended Compensation Settlement.

The newspaper claims that the insurer has defended itself from allegations of a deliberate compensation settlement. The insurer said that this event of compensation settlement was rare.  They stated that it was not a usual practice. Beyond this, the insurers went further to say that the relevant clients were satisfied with their fast response.

Gavin Edmonson Solicitors Accuse the Insurer of Deliberate Action in Compensation Settlement Case

According to the newspaper, The law firm claims that the insurers had cheated them with this action overriding the ‘pre-action’ protocol.  Furthermore, one of the draftsmen of this protocol claimed that the actions of Haven Insurers were quite astounding. The representative argued for the right of equitable intervention, claiming that this puts the honesty of the compensation claims process and business at risk and that the jurisdiction of equity could be flexible to the changing legal ages.

What is the Pre-Action Protocol for Low-Value Road Traffic Accident Claims?

The 31 July 2013 pre-action protocol for low-value RTA or road traffic accident claims has many aims. Its aims are, as the Justice website states to make sure,  “the defendant pays damages and costs using the process set out in the Protocol without the need for the claimant to star proceedings”. Secondly, that the concerned party pays the claim within a sensible timeframe. Lastly, and more relevantly, that, “ the claimants legal representative receives the "fixed costs at each appropriate stage.” It is this last aim that the law firm, Gavin Edmonson Solicitors, have seen Haven insurers as being in breach of. The Supreme Court is still in the process of hearing the case. Although, Haven insurers are definitely in hot water for what may be purposefully settling compensation claims.  Enjoy a smooth compensation claims process by using our solicitor portal. Find a solicitor that can help you get the compensation you deserve.

Court of Appeal hears in Solicitors Favour in an RTA Claims Dispute

RTA Claims Dispute over Lawyer Costs

The Law Society lay a dispute claim against Haven insurers in an RTA claims battle. This dispute claim was specifically regarding unpaid lawyer costs on the part of Haven Insurers.  As a result, the Law Society won £12, 500 in costs for Gavin Edmondson Solicitors at the Court of Appeal. The dispute claim was specifically over local value RTA claims.  Haven declined to pay pre-action protocol solicitor costs. The RTA dispute concerns six individuals and their RTA claims.  In 2012 the Haven insurance company chose to directly settle these individuals’ road traffic accident claims.

Beyond RTA disputes: Taking It to The Supreme Court

Beyond RTA disputes, there is now a need to settle the general matter around insurance companies directly setting claims. Therefore, the Society took the case to the Supreme Court. This is where the Law Society raised an important question. The question of how much the court can intervene in the protection of lawyers’ fees.  The verdict could possibly lead to other law firms making claims against insurers in terms of their solicitor costs. Due to a 'tripartite’ agreement between the client, the solicitor and the lawyer fixed fees and stage one costs from insurers are a lawyers right. Therefore, the Law Society stated that the ‘principle of equitable interference’ should be instated. This is so that solicitors can ensure they receive these costs.

The Supreme Court and Claims Laws

RTA disputes are not the only controversial issue concerning the Court this year when it comes to personal injury claims. According to The Telegraph, there was a rise in fraudulent claims which have been “blamed on no win no fee lawyer services” and “cold callers encouraging people to sue.” Therefore, the Supreme Court Judge stated that blame should be taken out of personal injury seeing that the proposed changes to the law have not gone far enough.

What is The Law Society?

The Law Society or more specifically ‘The Law Society of England and Wales’ is an independent and private company, in accordance to its 1845 Charter.  The Law Society was founded on the 2 of June in 1825.  It acts as a representative and governing body for all Lawyers within this area.  The Society is involved in the reformation of laws. Not only this, but also upholding good practice and high standards for law firms in their jurisdiction, as well as other functions. The Law Society, as well as many other boards, such as the SRA or Solicitors Regulation Authority, has accredited many of Legit Claims solicitors. You can find them in our solicitor directory.  Are you thinking of making a claim after an accident? We invite you to search through our widely accredited solicitor directory to find a solicitor that suits you.

Top 5 Most Dangerous Jobs in the UK

Will You Risk Your Life on these Dangerous Jobs?

When it comes to most dangerous jobs in the UK, one does not always stop and consider the risks involved to go to work every day. Will You Risk Your Life for a Salary? If you think of most dangerous jobs - it is easy for one to think of the obvious few. We are sure you are thinking of construction workers, policemen and even bomb disposal experts. It will surprise you then to know that salespeople are rates within the top ten most dangerous jobs for your health. Probably because of the high levels of stress. In many cases, dangerous professions like those in the construction industry are heavily regulated with safety measures. And the state does attempt to protect employees from certain risk factors. Therefore decreasing the risk factors actively for the employees involved. But imagine for a moment a farmer who operates heavy machinery. Or an Uber driver risking their life and limb on a daily basis to make a living.  According to the HSE (Health and Safety Executive) some of the toughest and most dangerous jobs exists within the sectors of agriculture, construction, education and public administration and defense.  

Here is Our List of the Top 5 Most Dangerous Professions in the UK

1. Construction Workers

As many of the jobs in the industry remain risky, the fatalities speak for themselves. During the period 2016/17 30 people lost their lives whilst performing their duties at work. Major causes includes the operation of heavy machinery and falling from heights. Safety measures in this industry is stringent however, resulting in a decrease of 20% in injuries over the last 7 years.

2. Farmers

The fatality rates as recorded by the HSE indicates that farmers are second in line. With 27 deaths, farmers can be in real danger whilst working with animals, operating heavy machinery and falling objects, to name a few. The risk factors related to this type of work also influences workers health in many ways. Many farmers suffer from work related ailments related to stress and or physical complaints resulting from hard labor.

3. Roofing and Scaffolding

It is no surprise that the majority of workplace deaths are due to falls. 29% of workplace deaths last year was related to falling in some form or another. Scaffolding remains one of the most dangerous jobs in the UK. Even though precautions and safety measures are in place, risk factors includes falling from height and being hit by heavy objects.

4. Lorry Drivers

Vehicle related incidents is also of course in the top 5. As much as a fifth of all fatalities at work falls within the road accident categories – especially heavy road vehicle drivers. With long distances and fatigue behind the wheel as the major causes behind these statistics. Work related injuries and illnesses can include stress, health disorders like obesity and hypertension and physical ailments resulting from long periods behind the wheel.

5. Bin Man/Waste Collection

It appears that operating heavy machinery on the road is not safe either. This deadly job claimed several lives in the last year. You can make a claim for injury in the workplace with Legit ClaimsFind a solicitor today that can help with claiming the compensation you deserve. The most common causes of death and injury in the workplace is still within the industries where heavy regulation is prevalent. In every of the above professions health and safety precautions are essential. Both the employer and employee must ensure the risks are minimized and lives are saved. This ultimately begs the question: Is the risk of performing a dangerous job worth the reward in the end?

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