Becky Tyler's Story: Birth Injury Claim Victory

Becky’s Taylor’s Story: A Birth Injury Claim Story with Heart

Becky Tyler a 15-year old girl living with cerebral palsy was born at East Surrey Hospital in 2002. The labor seemed to be going off perfectly until little Becky came out blue. Immediately the medical staff could see that the umbilical cord wrapped three times around her neck. For the first 10 mins following Becky’s birth, she could not breathe at all. They had no choice but to resuscitate her. She was kept in the hospital for quite some time due to regular seizures occurring. When Becky's condition started to look stable, the medical team gave the green light for her to be taken home. To the parent's surprise, no MRI scan was done to find out whether she suffered brain damage. This was later a very important fact in her parents making a birth injury claim.

To make matters worse, when the parents noticed something wasn’t right with their little girl they went to see the medical consultant. The consultant dismissed their concerns completely. Becky's diagnoses with cerebral palsy only took place when she was 7 years of age. As she got older, the cerebral palsy got more severe. It soon came to everyone's attention that she will never be able to walk or talk.

Becky’s Loving and Tenacious Parents Needed Answers

While in school, Becky was in a lecture where the class learned how the human body operates. This made her curious as to why her body is different. After school, she went home and asked her mother the question concerning her difference for the other kids. The question triggered an interest and they went to consult with Jane Weakley to investigate Becky's birth.

Jane’s investigation revealed that NHS Trust had details about failings during the birth which were not shared with Becky’s parents. After discovering medical expert reports and issuing proceedings in the High Court, Jane Weakley finally received acceptance from the Trust that medical negligence occurred, primarily with CTG monitoring. Jane's medical experts proved that if the right doctors and staff intervened and delivered Becky earlier, she would likely have been born with a brain injury. This paved the way for the parents to file the birth injury claim.

The Final Conclusion: What Can We learn from this Story About Birth Injury Claims?

Becky won the birth injury claim and even Judge HHJ Robinson said that he had never felt so positive before in awarding compensation. Surrey and Sussex Healthcare NHS Trust also issued a letter of apology to the Tyler family. Fiona, Becky’s mother said that this letter means the world to everyone who knows what Becky went through. NHS Trust has agreed at 90 percent for the settlement.

Not all claims stories have such a happy ending. Hopefully, everyone will now see the importance of preventing medical negligence. When negligence occurs it can result in a brain injury, that is irreversible. It is mandatory that you know what steps to take when medical negligence crosses your path. Let us help you to find the perfect medical negligence solicitor to assist you in also receiving compensation for similar brain injury cases or other personal injury claims.

Becky Tyler's Story: Birth Injury Claim Victory

Becky’s Taylor’s Story: A Birth Injury Claim Story with Heart

Becky Tyler a 15-year old girl living with cerebral palsy was born at East Surrey Hospital in 2002. The labor seemed to be going off perfectly until little Becky came out blue. Immediately the medical staff could see that the umbilical cord wrapped three times around her neck. For the first 10 mins following Becky’s birth, she could not breathe at all. They had no choice but to resuscitate her. She was kept in the hospital for quite some time due to regular seizures occurring. When Becky's condition started to look stable, the medical team gave the green light for her to be taken home. To the parent's surprise, no MRI scan was done to find out whether she suffered brain damage. This was later a very important fact in her parents making a birth injury claim.

To make matters worse, when the parents noticed something wasn’t right with their little girl they went to see the medical consultant. The consultant dismissed their concerns completely. Becky's diagnoses with cerebral palsy only took place when she was 7 years of age. As she got older, the cerebral palsy got more severe. It soon came to everyone's attention that she will never be able to walk or talk.

Becky’s Loving and Tenacious Parents Needed Answers

While in school, Becky was in a lecture where the class learned how the human body operates. This made her curious as to why her body is different. After school, she went home and asked her mother the question concerning her difference for the other kids. The question triggered an interest and they went to consult with Jane Weakley to investigate Becky's birth.

Jane’s investigation revealed that NHS Trust had details about failings during the birth which were not shared with Becky’s parents. After discovering medical expert reports and issuing proceedings in the High Court, Jane Weakley finally received acceptance from the Trust that medical negligence occurred, primarily with CTG monitoring. Jane's medical experts proved that if the right doctors and staff intervened and delivered Becky earlier, she would likely have been born with a brain injury. This paved the way for the parents to file the birth injury claim.

The Final Conclusion: What Can We learn from this Story About Birth Injury Claims?

Becky won the birth injury claim and even Judge HHJ Robinson said that he had never felt so positive before in awarding compensation. Surrey and Sussex Healthcare NHS Trust also issued a letter of apology to the Tyler family. Fiona, Becky’s mother said that this letter means the world to everyone who knows what Becky went through. NHS Trust has agreed at 90 percent for the settlement.

Not all claims stories have such a happy ending. Hopefully, everyone will now see the importance of preventing medical negligence. When negligence occurs it can result in a brain injury, that is irreversible. It is mandatory that you know what steps to take when medical negligence crosses your path. Let us help you to find the perfect medical negligence solicitor to assist you in also receiving compensation for similar brain injury cases or other personal injury claims.

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Injury Law Firm uses Section 57 to Defeat Exaggerated Injury Claim

Injury Law Firm uses Section 57 to Defeat Exaggerated Injury Claim

Clyde & Co, a global injury law firm gained a tremendous victory over an exaggerated claim for almost £100,000. The injury law firm used Section 57 of the Criminal Justice and Courts Act to cease victory over claims fraud yet again. Hopefully, this will act as a warning to everyone considering making a false claim.

How did Clyde & Co Discover that the Claimant was Exaggerating his Claim?

In 2013, a builder from Carshalton was involved in a road traffic accident. After the accident, the builder claimed £98,000 in injury compensation due to him stating he was unable to continue working. This immediately triggered the interest of Clyde & Co as well as Aviva. They suspected that the builder, Billy Cooper is receiving injury compensation that he doesn’t deserve. Claims fraud has serious consequences in the eyes of the law; as is evident in our last report Cyclist’s blatant Injury Claims Fraud gets him Jailed.

Without hesitation, the investigation commenced. After monitoring Billy Cooper’s social media for a period of time, they noticed photos of him working as a roofer. His social media also revealed him doing other physical activities such as cycling.  As Billy stated he was unable to move properly on his feet, this was a definite red light.

The Case, The Court and The Outcome

Billy saw the evidence showing him being active and in perfect condition. Right away he discontinued his entire claim. Aviva, his policyholder wasn’t done. They decided to continue pursuing Billy Cooper through the courts for a finding of fundamental dishonesty. The ruling can result in the entire claim being thrown out.

During the final hearing before District Judge Rosaline Henry medical experts were brought into questioning as well. Their testimonies proved that Cooper sustained no severe injuries as a result of his car crash in 2013. The court had seen enough and ordered Cooper to pay more than £13,000 towards Aviva’s costs for defending the claim. The final verdict was made on the foundation of the evidence that Clyde & Co provided.

Claims Media stated that the Partner at Clyde & Co, Damian Rourke said the following: “Dishonest claims like Mr. Cooper’s force up insurance costs for the rest of us and waste the court’s’ time. I’m very happy we could stop him.”

Section 57 of the Criminal Justice and Courts Act – A Warning to Others.

Thanks to Section 57, if any injury law firm can provide even the slightest bit of evidence proving a claimant’s dishonesty, the court can dismiss the entire claim. Every day it becomes harder and harder to attempt claims fraud or exaggerate them. This is what every injury law firm strives for.

Director of casualty claims at Aviva, Richard Hiscocks believes that ruling will help protect motorists from paying for other’s fraudulent claims. Hiscocks  commented, “This ruling should send a clear warning shot to all would-be fraudsters and opportunists out there.”

Helpful advice to take away from this case? Dishonesty will never end well. This case is a prime example of how fraudulent claims affect the industry as a whole.  Justice will prevail and this ruling helps protect motorists out there from paying for fraudulent claims. It is good to know that here will always be an injury law firm ready to disprove dishonest claims. If you are seeking injury compensation, rather take the right road and hire an experienced solicitor with Legit Claims. We work proudly with the best injury solicitors UK.

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RAC Survey: Motorists are Paying Unfair Road Accident Costs

What Falls under Unfair Road Accident Costs?

When two vehicles collide in an accident, someone is usually in the wrong. It’s quite difficult to accept that you now have road accident costs due to another driver’s negligence. A recent study by the RAC reveals that more than a third of UK motorists are victims of road traffic accidents that wasn’t their fault. Upon further investigation, the RAC determined that out of 2,062 motorists, 36% of them now face severe financial costs for involvement in an unfair road accident.

The RAC survey also reveals the extra unfair expenses a victim of an RTA can end up with. Besides sustaining possible personal injuries, victims can also be responsible for paying their insurance policy excess.  Another unnecessary cost is their travel expenses. If their car is immobile due to the accident, they have to hire a car to be able to travel.  There are a number of different factors that can put pressure on a person’s finances.

The Recent RAC Survey Has Revealed...

Paul Evans, RAC Legal Services general manager even stated that he thinks many people believe that the at-fault party’s insurer will cover the costs following an accident. That is however not true at all. Even if a driver has the best case possible, he or she could still end up having to pay their excesses. That can easily work out to over £100! The RAC States that £215 is the average amount excess that motorists are being forced to pay. Out of everyone questioned, 41% stated they had to pay more than £150.

Paul Evans also commented, “On top of your excess, add your travel expenses, loss of earnings and the cost of making a personal injury compensation claim and it must surely be wise to make sure you have cover.”

Do UK Motorists Know About the Potential Costs They Might Face?

The scary thing is, no they don’t. Out of all the motorists surveyed, 79% of then believe that motor legal expenses insurance cost £20 or just over. This must be due to a standard policy costing between 30 to £40.  It’s wise to consult with someone concerning this matter. It’s better to know about all the costs that can follow a car accident.

Remember that amongst all the extra expenses, medical expenses can be the highest. It’s important when you’re involved in a road traffic accident that you contact an experienced solicitor right away. If you hire a solicitor it will increase your chance of receiving compensation, which will, in fact, help you cover other expenses.

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Cyclist’s blatant Injury Claims Fraud gets him Jailed

The Cyclist Who Went to Jail for Injury Claims Fraud.

A recent report  by the Claims Media tells of a cyclist by the name Luboya Tshibangu was riding his bicycle when unfortunately he fell to the ground and sustained an ankle injury. He mentioned in his statement that the accident was a result of a pothole. The bicycle hit the pothole and Tshibangu came tumbling down.

Tshibangu claimed that the accident caused him to suffer £175,000 in lost earnings and injuries. This proved later as a dishonest statement. Not knowing the legal punishment for false insurance claims, he went forth with his claim.  He stated that his right ankle was completely broken. This was a clear attempt at injury claims fraud.

Cardiff Council’s insurance company suspected him of injury claims fraud and immediately forwarded the case to the City of London Police’s Insurance Fraud Enforcement Department. Upon accepting the case, the (IFED) did some deeper investigations. They discovered that a witness made a 999 call mentioning exactly where the accident took place. It was revealed that Tshibangu sustained the fall injury exactly 950 meters away from the pothole. During the emergency call, the witness also mentioned that the accused was riding on a slippery road.

What Actually Happened?

The (IFED) presented their findings to the court. There it was revealed that Tshibangu was in fact injured due the fall, but the accident was caused by his own recklessness. To show how severe injury claims fraud is, the court sentenced him to three years and six months in prison. No compensation was paid out. This was a clear example of the consequences of making a false claim.

Justin Hawes, a detective constable of the (IFED) even said the following in his report: “Tshibangu used a genuine injury in an attempt to lay blame with the council. This blatant attempt at deception was spotted and the work of IFED with the council and its legal team has enabled us to put a stop to Tshibangu’s crime.”

Legal action Goes Both Ways. Fraud is a Serious Offense.

It need not be stated that the state and legal community  looks upon fraud as a serious offense. It doesn’t matter if you if you attempt healthcare, insurance or injury claims fraud, you will be prosecuted by the law. In a lot of cases where the accused received jail time, they also received a heavy fine. Rather be honest and apply for fair compensation the right way. If you lack knowledge concerning personal injury claims, you should contact an injury claims lawyer. They have enough knowledge to advise and assist you with your claim.

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GMC Impacted by Gross Negligence Manslaughter Investigations

All Eyes Are On the GMC. What is Going On?

With deaths occurring so frequently due to gross medical negligence, medical examiners are appointed to do in-depth investigation concerning this matter. The examiners will try and find out what was the initial cause of death for all the victims that went unexamined by a coroner. With the number of deaths within NHS, the General Medical Council might face punishment. The final verdict might lead to the GMC being stripped of its right to appeal fitness-to-practice decisions.

Professor Sir Norman Williams did a report where he mentions the vast number of manslaughter cases in healthcare. After the report, it has been issued that all deaths under hospital care will be examined by a coroner. If not, medical examiners will be appointed once again. Far too many medical professionals are under investigation. Within the last four years, the MDU has assisted just under 40 members with investigations.

With the GMC losing its right to appeal fitness-to-practice decisions under the report’s recommendations, it eliminates a lot of factors. One of them being the mistrust between the GMC and the doctors who operate by their policy.

Leading Up to the Investigations: Doctor Accused of Manslaughter

Everything started after Dr Hadiza Bawa-Garba was accused of the manslaughter of a six-year-old boy named Jack Adcock. Dr Hadiza is a 39-year-old a trainee pediatrician working at The Leicester Royal Infirmary. After this incident, Jeremy Hunt the health and social care secretary gave the green light for the review to be done. Full news report available here: Beyond Medical Negligence. Doctors Accused of Manslaughter

After the review was finalized by Sir Norman Williams, a couple of new regulations was brought up on which Jeremy Hunt agreed to. One of them being as mentioned that all deaths should receive a full examination by the coroner. The other two major points are the reflective practice of healthcare professionals and the regulation of healthcare professionals. The General Medical Council should be more cautious when assigning unprepared medical staff. If only fully trained doctors are allowed to work with and on patients then gross negligence manslaughter won’t occur that often.

Is Our National Healthcare in a Crisis?

It’s understandable that it’s stressful being a doctor. Most cases a doctor will be working in a very stressful environment, so mistakes can and will happen from time to time. So to lower the chances of medical negligence from occurring the new regulations will only improve how things are done within the NHS and the GMC.

You as a patient should not have to wonder whenever your doctor is prepared enough for treating you. You only have to know and accept that medical negligence can happen. Accordingly, the NHS is working on lowering the chances dramatically. However, if you happen to be the victim of negligence, be prepared. To be prepared means to know where to look for an experienced solicitor. An ideal place to find a no win no fee solicitor is on Legit Claims.  Let professionals take care of your personal injury claims.

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Hip Operation Negligence leads to £500 000 in Medical Claims

Hip Operation Negligence Leads to £500 000 in Medical Claims.

The gentlemen who experienced hip operation negligence finally received his compensation. The middle age man was very active as he used to be a football referee.  At 45 years he started to experience severe hip pain and decided to consult with an orthopedic surgeon.

He then underwent hip resurfacing surgery on his right hip as well as a couple of months later on his left hip. The pain, however, got much more unbearable. The pain got to a point where the man knew, something is not right at all. Consultations were scheduled one after the other but they kept informing him that everything is as it should be.

What Went Wrong with the Hip Operation?

During a review appointment in 2009, he insisted that x-rays be taken. The x-rays revealed that both hip implants were at a very bad angle. Yet, with clear evidence, nothing was still done to correct the mistake. Luckily there exist something known as medical claims.

The victim of the hip operation negligence could not continue everyday life as a result of the pain. Finally a few years later he underwent hip resurfacing surgery once again. This time another surgeon was in charge of the surgery. After the surgery some in-depth medical tests where done. The results revealed that he had suffered an adverse reaction to metal debris. The debris from the metal parts degraded the muscles around his hips.

Biggest Claim Settlement to Date

Angharad Vaughan, a medical negligence solicitor was broad on board to represent the man’s claim. The claim was against the Hospital Trust who had failed to provide the proper treatment.  The claimant had no choice but to take time off from work due to not being able to walk properly.  This forced him to open a claim against the hospital for the hip operation negligence. Being an experienced solicitor, Angharad appointed various medical experts to help her client with the immense pain.

It took multiple negotiations but in the end, fair compensation was the outcome. Angharad Vaughan managed to settle her client’s claim for an immense £500,000.  Although it was one of the biggest compensation claims that they know of, many believe it wasn’t enough. The unfortunate victim had to use the £500,000 to recover from years of pain and financial difficulties. This is a great example of why it’s important to have the right medical negligence solicitor on your team. Especially when it comes to clinical negligence.

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Beyond Medical Negligence: Doctors Accused of Manslaughter

How Far Can Medical Negligence Go?

In Jack Adcock’s case, it’s visible as to how far medical negligence can go. Jack, a six-year-old boy passed away after two Leicester Royal infirmary employees failed to provide him with the proper treatment. The two employees convicted of first-degree manslaughter are Hadiza Bawa-Garba and Isabel Amaro.  Hadiza is a 39-year-old a trainee paediatrician and Isabel is a 47-yeard-old nurse.

Both received a two-year sentences suspension. The trail was held at Nottingham crown court. Protesters and a number of medical experts are still supporting Hadiza Bawa-Garba and believe that this wasn’t done intentionally. She shouldn't be charged with manslaughter as it was a mistake. The party who caused the death of Jack is the NHS. If they appointed more qualified staff this would never have happened? Hadiza was just following an order.

The health secretary, Jeremy Hunt was in charge of appointing the medical examiners to the case. Hunt said that this isn’t the first time this has happened. So in order to prevent it from occurring again, all NHS patient deaths in the last couple of years will be examined. This will reveal if more deaths occurred due to improper staffing.

The Depths of Jeremy Hunt’s Investigation.

To avoid future cases such as Jack’s one, the culprit of these gross negligence accidents needs to be revealed. Jeremy along with the vast medical examiners and professionals believe the culprit is unqualified staffing. All recent deaths that were not examined by a coroner will fall under direct investigation. This is the only way how they will find out if the death was natural or due to medical negligence.

After Hadiza Bawa-Garba and Isabel Amaro was accused of medical negligence that resulted in Jack’s death. Jeremy couldn’t sit back and watch this go on any longer. Jack Adcock died because of septic shock in 2011 as a result of mistakes made by his caretakers. Jeremy pointed out that these mistakes will be impossible to make by qualified medical specialists.

Jack suffered from Down’s syndrome and a severe heart condition. During Jack’s care, he sustained infection and when he stopped to breathe, Hadiza and Isabel made no attempt to resuscitate him. According to the two, they were under a strict do not resuscitate order. Jeremy stated that with proper staffing the medical negligence could have been avoided.

Can Patients Ever Be Fully Protected?

Following all the investigations and examinations a review was done by Prof Sir Norman Williams. The review revealed that vital changes be implemented. The system needs to better regulate healthcare professionals so they are supported to reflect on their practice when things go wrong.

Prof Norman even stated in an interview: “A clearer understanding of the bar for gross negligence manslaughter in law should lead to fewer criminal investigations which are limited to just those rare cases where an individual’s performance is so ‘truly exceptionally bad’ that it requires a criminal sanction.

With these new regulations, it's hoped that future medical negligence leading to a patient’s death will cease to exist. The General Medical Council believes that until these new regulations are met, patients are not fully protected. The best steps to take when any form of medical negligence occurs is to appoint an experienced Medical Negligence Claims Solicitor.

 

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NHS Medical Negligence Scandal: The Gosport Hospital Deaths Inquiry

How Far Did Medical Negligence Go This Time?

Gosport Hospital will never be seen in the same way again. A place where lives should be saved has now turned in a place where lives are at risk.  Recent investigation informs the public that close to 700 patients may have died prematurely. The cause of this disaster is gross medical negligence. The opiate syringes used to deliver opiate drug doses into the patient’s bloodstream was faulty and of low quality. This resulted in heavy doses being pumped into the bloodstream. The doses were classified as of a dangers size.

Dr Jane Barton ordered the syringes to be used at Gosport Hospital. The 69-yeard-old doctor saw this as a cost-saving method. When problems started to occur Dr Barton was forced to leave Gosport Hospital. The Hospital chose to ignore the incident in order to avoid a scandal. However, they also kept on using the cheap opiate syringes.

Although senior position holders on the panel were informed of this, they chose to ignore the matter completely. Even though it was proven that the faulty syringes gave inaccurate measurements which caused the hundreds of deaths, the senior members decided to blame the deaths on bad health instead.

The Confessions of Nurse Griffin

30 years ago when Dr Barton gave the order to use the syringes, a nurse also working at Gosport Hospital said this was clear medical negligence. For the second time, this matter was ignored. When the deaths started occurring, Sylvia Griffin, the nurse threatened to expose what was going on. Sylvia Griffin along with other 2 unknown nurses confronted the Gosport Hospital staff members. As a result, Sylvia Griffin was bullied non-stop until she had no choice but to resign.

Sylvia Griffin passed away in 2003, luckily her daughter Penny Wilson came forth and told the story to the Daily Mirror. She said in her story the following. “Mum never wanted to point any figures at anyone. It wasn’t about any particular doctor. It was about the whole system.”

Sylvia Griffin worked directly under Dr Jane Barton. That’s how she saw what was happening right in front of everyone's eyes. The overdoses occurred between 1989 and 2000. Only now has the truth reach surface.

Hundreds of Medical Negligence Claims and Criminal Charges

Hundreds of claims have been made by relatives of the victims.  Criminal charges have even been demanded against Gosport Hospital. The public feels that all staff members who knew what was going on be sentenced to prison for being accomplices in murder. The exact number of deaths was 650. Never before was anything like this documented. Information has also been presented revealing that an estimated 40,000 syringes were in circulation in the NHS at that time. This information has the public wondering if they are still being used elsewhere. It’s extremely important that you speak to medical negligence solicitors to understand the severity of any matter like this.

 

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Supreme Court Win: Personal Injury Firm to Recover Costs

Supreme Court Win for Edmondson Solicitors

In a recent Supreme Court Ruling  in favour of Gavin Edmondson Solicitors Vs Haven, the Supreme Court ordered £12,000 in cost recovery to Edmondson Solicitors. The case made headline news as it could possibly set the president for claim solicitors seeking compensation from insurers whom choose to settle with claimants directly. At the core of the issue Edmondson complained that they were left out of the claims process despite signed CFA’s. According to the report claims were settled via the RTA portal, leaving solicitors out of the loop. They did not gain their fair share of the injury cost or injury claim recovery costs, in this case 6 claims in total. Lord Briggs said “The very essence of a CFA is that the solicitor and client have agreed that the solicitor will be entitled to charges if the case is won. Recovery of those charges from the fruits of the litigation is a central feature of the RTA protocol.”

Beyond this, the Law Society generally encourages personal injury firms who have experienced anything similar to take action.  Haven insurers stand by their view that they were simply providing good service to customers. To read more about this case, go to Insurer in Hot Water after allegedly Settling Compensation Claims Deliberately. The Supreme Court did not judge Haven in a negative light and it is stated that “claimants received the compensation to which they were entitled.”

The Battle Over Injury Cost: Did Haven Insurers Have a Point?

Haven Insurers may have a slight point in their argument during this controversial case. Direct settlement certainly speeds up the process considerably, which in turn drives customer satisfaction. It is possible though that they might be overstepping their role in the process. In other words, insurers are not necessarily qualified to do the work of the personal injury firms. This is even if the claim process appears simple and straightforward. By doing so, they take away the benefits and injury claim recovery costs that personal injury firms have worked so hard to gain through their experience.

Beyond the Supreme Court: Many Actors, Many Interests

At the end of the day, there will be many actors and therefore many interests on all sides. In these situations, the actors usually include the claimants, the insurers, and the personal injury firms.

Some actors may lose and some may win. The question is, are some actors more important than others? Do injured clients take preference over those providing the services such as insurers or solicitors?  Does this negatively affect the service providers in some cases actually undermine the work they do? Lastly, what injury claim or injury cost system could be beneficial to all and does this system actually exist?

Your perspective on the Supreme Court case and many cases to yet occur may be based on who you are. This is whether you are an insurer, client or solicitor. Although, it is important to remember that no individual or firm will continue taking part in a system where the benefits do not outweigh the costs when it comes to their own interests. To satisfy your own interests use our injury claims services.

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Will the New PI Claims Whiplash Reforms Cause Job Losses?

It is estimated that 1.3 Million people in the work force of Great Britain have suffered a personal injury between 2016/2017. With a focus on motorists, insurance companies have pointed out that PI claims for whiplash alone increased by as much as 780 000 in the same period. Naturally the higher the claim rate, the higher insurance premiums for motorists.

PI Claims and Whiplash Compensation, is it Really Worth It?

In our recent post; Time to Debate the Civil Liability Bill we mentioned how the focus on the Civil Liability Bill would mean a reduction in insurance rates nationwide. This news was well received by motorists who can look forward to a saving of up to as much as £35 per year on their insurance premiums. But the personal injury claims debate is not over. Is the minority of injured sufferers disadvantaged by fraudulent PI claims made by others? How can personal injury claims be more appropriately qualified? And how is the Government and the public going to deal with the whiplash reforms issue together?

The Effect on Personal Injury Lawyers and the Risk of Job Cuts

So (on the surface), it seems that saving a few pounds is good news for motorists. Insurers benefit as well from a reduction in the number of fraudulent claims. However, what does it mean for personal injury lawyers and firms?  According to the Law Gazette, The Association of Personal Injury Lawyers is committed to seeing through the whiplash reforms. It is suggested that “the reforms may be a chance to reinvent the sector and promote a more positive image”. Another recent assessment proposed that Loss in Revenue  for PI firms was substantial and could cost up to “£81m per year in lost revenue”. This could be because the reform sets out to lighten burdens on the small claims court. An expected increase of claimants without representation will rise from 5% to 30%. A further estimation was made whereby the “whiplash reforms are expected to affect 96% of whiplash claims”.

In Conclusion

It is quite prevalent how the changes in the industry are affecting personal injury services in general. Considering cost recovery, solicitors and insurers alike are scrambling to get a foothold in the uncertainty that the PI claims reforms have created. It has already been suggested that Insurance companies are to benefit by claimants seeking compensation directly. Additionally there may be a potential for PI firms to recoup lost revenues by representing individuals who are struggling with their PI claims from insurers. The reform has certainly come under mass scrutiny form the Law Society, and clearly it is going to take time to see how these new implementations around personal injury claims are actually going to work. Ultimately we want to know what will be the impact on the general public as they struggle for their right to fair compensation for personal injury.

 

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NHS Claims Fraud: Beware of Jail Time for Exaggerated Claims

Is Claims Fraud Worth the Risk? You Can Go To Jail!

Recently a man received a sentence of three months in jail due to claims fraud. The accused exaggerated the effects of negligent medical treatment. He had been offered compensation for £30,000, however, he claimed the total damage was actually £837,000.  The NHS bought this to the court’s attention. The court had no choice but to enforce the law.  They stated, “Those who make false claims and get caught must expect to go to prison”. Claims fraud is without a doubt breaking the law.

The Story of Sandip Atwal

Sandip Singh Atwal, the person accused of claims fraud suffered from an injury during an attack.  He received treatment for the fractures at Huddersfield Royal Infirmary. Sandip Singh received damage to fingers on both right and left hands. He also had a severe cut to his lower lip.

After the negligent hospital treatment, he had no more power in the left hand. The right hand had some noticeable deformity but luckily the lip wasn’t in any bad condition. People in these situations can by law proceed with their medical negligence claims. There are cases where negligent hospital treatment caused more damage to the patient. This can result in loss of work and income, however, this wasn’t the case for mister Atwal.

In 2011 the court stated that the compensation is £30,000 on which NHS Foundation Trust immediately accepted.  Sandip Singh didn’t accept the offer and continued to argue that the damages were much more.  He stated that a fair offer will be £837,000. He requested the amount as he said he was unable to drive and as a result, his career of deejaying would come to an end.

The Serious Consequences and a £75,000 Fine

Beginning of June 2018, the court disproved mister Atwal’s statement and immediately made the order to take him into custody.  Claims fraud was the verdict and immediate custody is the only way to show how important such a case truly is. The court gained video surveillance indicating that mister Atwal was quite able to drive as normal as well as lift heavy objects. In the video surveillance, mister Atwal is driving with one hand while talking on his mobile phone with the other hand. Further investigations revealed that he is also still working as a DJ without any problems.

The court stated that this will act as a clear warning to all the lawbreakers. Negligent hospital treatment is a serious matter and lying on your claim will result in punishment. The court declared that Sandip Singh Atwal must pay fines up to £75,000 in costs.

The NHS Foundation is a highly professional organisation and should be seen as such. Chief executive of NHS Resolution, Helen Vernon even said in her statement. “The decision sends a very clear message that the NHS is not an easy target and that you cannot submit fraudulent claims with impunity.”

If you lack knowledge concerning claims and receiving compensation then contact your personal injury lawyer. It’s better to be honest, as justice will always catch up to you.

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Hopes Rise as Car Insurance Falls

The Good News: Car Insurance Rates have Dropped in the UK.

When Car insurance falls in the UK, everyone’s hopes rise. This, according to The Mirror is great news for citizens of England and Whales. The newspaper reported that average car insurance costs went down significantly, specifically by £13, “on the final quarter of 2017, as well as being the first quarterly fall in premiums in two years.” This is according to the Motor Insurance Premium Tracker and was put forward by the Association of British Insurers (ABI). Furthermore, it measures the actual amount that individuals pay rather than their car insurance quotes. They reported that the ABI claimed that this was perhaps due to the effects of the Civil Liability Bill. This, as well as “seasonal trends”.

The Bad News: Car Insurance Falls but It is Still Quite High (Especially for Men)

As stated, there was a significant drop in costs nearing the end of 2017. Although, the ABI reported that the costs at the beginning of this year were notably high. One of the stranger findings, of course, is that in general, men tend to pay higher car insurance. This is according to The Telegraph. The newspaper stated that this is still occurring even though there has been a ban on part of the EU. The ban prohibits insurers from evaluating potential car insurers based on their sex. Although insurers reported that this was due to the fact that in general men tend to have more legal issues concerning their driving, men also tend to drive cars of a higher monetary value.

Car Insurance and the Personal Injury Industry

It is generally understood that the lower insurance rates could be the result of the changes the Civil Liability Bill is currently undergoing. Read more Time to Debate the Civil Liability Bill. Rob Cummings, the ABI's assistant director, head of motor and liability, said: "While this small fall in the last few months gives some relief to motorists, it is in line with seasonal trends and the underlying cost pressures from things like personal injury claims remain."

It appears that there is indeed hope, and this time it is for those affected by personal injury. Insurance rates, generally speaking, takes accident claims rates into consideration. When insurance rates appear to decrease there is less pressure on motorists nationwide. For motorists going through accident claims, there could be a prospect of faster settlements as well as proper settlement values.  We are sure that many personal injury solicitors will agree. Law firms and Solicitors in the UK are keeping their eyes on the upcoming changes in the Civil Liability Bill and the way it will affect the accident claims industry and purveyors of personal injury services at large. The hope is that if that rates and processes improve for victims of personal injury, it will for personal injury solicitors as well.

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Directors Beware: Proposed Fines for Nuisance Calls

Directors May be Held Accountable for Nuisance Calls

According to the Law Society Gazette, it was proposed by the department for Digital, Culture, Media & Sport (DCMS) last month to take action against company directors as they apparently “escape justice”. Company directors that enact nuisance calls – also sometimes referred to as cold-calling - may be directly charged with fines reaching up to £500 000. The DCMS claims that directors keep slighting the hand of justice through many methods such as starting cold calling companies up under a new name. This is after claiming bankruptcy through penalty payments, thus perpetuating the issue.

Margot James MP, minister for digital and the creative industries, said: "Nuisance calls are the blight on society and we are determined to stamp them out.” The DCMS further stated that end can be made to unwanted calls in the event where the information commissioner has the power to hold rogue bosses to account. This proposal comes after the conclusion of the government’s rejection of total ban in the Financial Guidance and Claims Bill. The call for a ban on cold calling marketing practices has been cleared with its third and final reading in April. No amendments have been made for a total ban.

Nuisance Calls Statistics in the UK

Cold calls in the United Kingdom are no small issue. With the following statistics outlined by the Financial Adviser illustrating the spectrum of this matter as follows:

  • There are 4200 cold calls every minute. This leads to over 6 million daily.
  • In 2017, there were 2.2 billion cold-calling texts.
  • The main target of these cold calls seems to be pensioners over the age of 65, making up around 30% of all these calls.
  • Most nuisance calls are related to pension. This as well as protection insurance and personal injury.
  • Accident claims nuisance calls seem to make up the majority of reports by relevant consumers.

What I Do About Cold-Calling?

Prevention is Always Better than Cure

Prevention is always better than a cure. One way you can prevent cold calling is by registering with the Telephone Preference Service. This makes it illegal for any such callers to contact you unless you have previously given them your name.  If you request that they stop calling you and they continue to do so, you can consider this illegal activity.

But Here’s a Cure if You Ever Need One

One way in which you can stop cold calls is by blocking numbers.  These numbers can be withheld or call of an international nature. Of course, this may mean you miss other important calls that are not under the cold calling category. Furthermore, you can report scam calls to ActionFraud.

We Care About our Customers: Our Great Service Speaks for Itself

Legit Claims does not rely on these types of marketing methods. Rather, we employ integrity-based advertising and marketing. This allows our great personal injury services to speak for our company and what exactly it can do for you.

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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.

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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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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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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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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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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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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.

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Becky Tyler's Story: Birth Injury Claim Victory

Becky’s Taylor’s Story: A Birth Injury Claim Story with Heart

Becky Tyler a 15-year old girl living with cerebral palsy was born at East Surrey Hospital in 2002. The labor seemed to be going off perfectly until little Becky came out blue. Immediately the medical staff could see that the umbilical cord wrapped three times around her neck. For the first 10 mins following Becky’s birth, she could not breathe at all. They had no choice but to resuscitate her. She was kept in the hospital for quite some time due to regular seizures occurring. When Becky's condition started to look stable, the medical team gave the green light for her to be taken home. To the parent's surprise, no MRI scan was done to find out whether she suffered brain damage. This was later a very important fact in her parents making a birth injury claim. To make matters worse, when the parents noticed something wasn’t right with their little girl they went to see the medical consultant. The consultant dismissed their concerns completely. Becky's diagnoses with cerebral palsy only took place when she was 7 years of age. As she got older, the cerebral palsy got more severe. It soon came to everyone's attention that she will never be able to walk or talk.

Becky’s Loving and Tenacious Parents Needed Answers

While in school, Becky was in a lecture where the class learned how the human body operates. This made her curious as to why her body is different. After school, she went home and asked her mother the question concerning her difference for the other kids. The question triggered an interest and they went to consult with Jane Weakley to investigate Becky's birth. Jane’s investigation revealed that NHS Trust had details about failings during the birth which were not shared with Becky’s parents. After discovering medical expert reports and issuing proceedings in the High Court, Jane Weakley finally received acceptance from the Trust that medical negligence occurred, primarily with CTG monitoring. Jane's medical experts proved that if the right doctors and staff intervened and delivered Becky earlier, she would likely have been born with a brain injury. This paved the way for the parents to file the birth injury claim.

The Final Conclusion: What Can We learn from this Story About Birth Injury Claims?

Becky won the birth injury claim and even Judge HHJ Robinson said that he had never felt so positive before in awarding compensation. Surrey and Sussex Healthcare NHS Trust also issued a letter of apology to the Tyler family. Fiona, Becky’s mother said that this letter means the world to everyone who knows what Becky went through. NHS Trust has agreed at 90 percent for the settlement. Not all claims stories have such a happy ending. Hopefully, everyone will now see the importance of preventing medical negligence. When negligence occurs it can result in a brain injury, that is irreversible. It is mandatory that you know what steps to take when medical negligence crosses your path. Let us help you to find the perfect medical negligence solicitor to assist you in also receiving compensation for similar brain injury cases or other personal injury claims.

Injury Law Firm uses Section 57 to Defeat Exaggerated Injury Claim

Injury Law Firm uses Section 57 to Defeat Exaggerated Injury Claim

Clyde & Co, a global injury law firm gained a tremendous victory over an exaggerated claim for almost £100,000. The injury law firm used Section 57 of the Criminal Justice and Courts Act to cease victory over claims fraud yet again. Hopefully, this will act as a warning to everyone considering making a false claim.

How did Clyde & Co Discover that the Claimant was Exaggerating his Claim?

In 2013, a builder from Carshalton was involved in a road traffic accident. After the accident, the builder claimed £98,000 in injury compensation due to him stating he was unable to continue working. This immediately triggered the interest of Clyde & Co as well as Aviva. They suspected that the builder, Billy Cooper is receiving injury compensation that he doesn’t deserve. Claims fraud has serious consequences in the eyes of the law; as is evident in our last report Cyclist’s blatant Injury Claims Fraud gets him Jailed. Without hesitation, the investigation commenced. After monitoring Billy Cooper’s social media for a period of time, they noticed photos of him working as a roofer. His social media also revealed him doing other physical activities such as cycling.  As Billy stated he was unable to move properly on his feet, this was a definite red light.

The Case, The Court and The Outcome

Billy saw the evidence showing him being active and in perfect condition. Right away he discontinued his entire claim. Aviva, his policyholder wasn’t done. They decided to continue pursuing Billy Cooper through the courts for a finding of fundamental dishonesty. The ruling can result in the entire claim being thrown out. During the final hearing before District Judge Rosaline Henry medical experts were brought into questioning as well. Their testimonies proved that Cooper sustained no severe injuries as a result of his car crash in 2013. The court had seen enough and ordered Cooper to pay more than £13,000 towards Aviva’s costs for defending the claim. The final verdict was made on the foundation of the evidence that Clyde & Co provided. Claims Media stated that the Partner at Clyde & Co, Damian Rourke said the following: “Dishonest claims like Mr. Cooper’s force up insurance costs for the rest of us and waste the court’s’ time. I’m very happy we could stop him.”

Section 57 of the Criminal Justice and Courts Act – A Warning to Others.

Thanks to Section 57, if any injury law firm can provide even the slightest bit of evidence proving a claimant’s dishonesty, the court can dismiss the entire claim. Every day it becomes harder and harder to attempt claims fraud or exaggerate them. This is what every injury law firm strives for. Director of casualty claims at Aviva, Richard Hiscocks believes that ruling will help protect motorists from paying for other’s fraudulent claims. Hiscocks  commented, “This ruling should send a clear warning shot to all would-be fraudsters and opportunists out there.” Helpful advice to take away from this case? Dishonesty will never end well. This case is a prime example of how fraudulent claims affect the industry as a whole.  Justice will prevail and this ruling helps protect motorists out there from paying for fraudulent claims. It is good to know that here will always be an injury law firm ready to disprove dishonest claims. If you are seeking injury compensation, rather take the right road and hire an experienced solicitor with Legit Claims. We work proudly with the best injury solicitors UK.

RAC Survey: Motorists are Paying Unfair Road Accident Costs

What Falls under Unfair Road Accident Costs?

When two vehicles collide in an accident, someone is usually in the wrong. It’s quite difficult to accept that you now have road accident costs due to another driver’s negligence. A recent study by the RAC reveals that more than a third of UK motorists are victims of road traffic accidents that wasn’t their fault. Upon further investigation, the RAC determined that out of 2,062 motorists, 36% of them now face severe financial costs for involvement in an unfair road accident.

The RAC survey also reveals the extra unfair expenses a victim of an RTA can end up with. Besides sustaining possible personal injuries, victims can also be responsible for paying their insurance policy excess.  Another unnecessary cost is their travel expenses. If their car is immobile due to the accident, they have to hire a car to be able to travel.  There are a number of different factors that can put pressure on a person’s finances.

The Recent RAC Survey Has Revealed...

Paul Evans, RAC Legal Services general manager even stated that he thinks many people believe that the at-fault party’s insurer will cover the costs following an accident. That is however not true at all. Even if a driver has the best case possible, he or she could still end up having to pay their excesses. That can easily work out to over £100! The RAC States that £215 is the average amount excess that motorists are being forced to pay. Out of everyone questioned, 41% stated they had to pay more than £150.

Paul Evans also commented, “On top of your excess, add your travel expenses, loss of earnings and the cost of making a personal injury compensation claim and it must surely be wise to make sure you have cover.”

Do UK Motorists Know About the Potential Costs They Might Face?

The scary thing is, no they don’t. Out of all the motorists surveyed, 79% of then believe that motor legal expenses insurance cost £20 or just over. This must be due to a standard policy costing between 30 to £40.  It’s wise to consult with someone concerning this matter. It’s better to know about all the costs that can follow a car accident.

Remember that amongst all the extra expenses, medical expenses can be the highest. It’s important when you’re involved in a road traffic accident that you contact an experienced solicitor right away. If you hire a solicitor it will increase your chance of receiving compensation, which will, in fact, help you cover other expenses.

Cyclist’s blatant Injury Claims Fraud gets him Jailed

The Cyclist Who Went to Jail for Injury Claims Fraud.

A recent report  by the Claims Media tells of a cyclist by the name Luboya Tshibangu was riding his bicycle when unfortunately he fell to the ground and sustained an ankle injury. He mentioned in his statement that the accident was a result of a pothole. The bicycle hit the pothole and Tshibangu came tumbling down.

Tshibangu claimed that the accident caused him to suffer £175,000 in lost earnings and injuries. This proved later as a dishonest statement. Not knowing the legal punishment for false insurance claims, he went forth with his claim.  He stated that his right ankle was completely broken. This was a clear attempt at injury claims fraud.

Cardiff Council’s insurance company suspected him of injury claims fraud and immediately forwarded the case to the City of London Police’s Insurance Fraud Enforcement Department. Upon accepting the case, the (IFED) did some deeper investigations. They discovered that a witness made a 999 call mentioning exactly where the accident took place. It was revealed that Tshibangu sustained the fall injury exactly 950 meters away from the pothole. During the emergency call, the witness also mentioned that the accused was riding on a slippery road.

What Actually Happened?

The (IFED) presented their findings to the court. There it was revealed that Tshibangu was in fact injured due the fall, but the accident was caused by his own recklessness. To show how severe injury claims fraud is, the court sentenced him to three years and six months in prison. No compensation was paid out. This was a clear example of the consequences of making a false claim.

Justin Hawes, a detective constable of the (IFED) even said the following in his report: “Tshibangu used a genuine injury in an attempt to lay blame with the council. This blatant attempt at deception was spotted and the work of IFED with the council and its legal team has enabled us to put a stop to Tshibangu’s crime.”

Legal action Goes Both Ways. Fraud is a Serious Offense.

It need not be stated that the state and legal community  looks upon fraud as a serious offense. It doesn’t matter if you if you attempt healthcare, insurance or injury claims fraud, you will be prosecuted by the law. In a lot of cases where the accused received jail time, they also received a heavy fine. Rather be honest and apply for fair compensation the right way. If you lack knowledge concerning personal injury claims, you should contact an injury claims lawyer. They have enough knowledge to advise and assist you with your claim.

GMC Impacted by Gross Negligence Manslaughter Investigations

All Eyes Are On the GMC. What is Going On?

With deaths occurring so frequently due to gross medical negligence, medical examiners are appointed to do in-depth investigation concerning this matter. The examiners will try and find out what was the initial cause of death for all the victims that went unexamined by a coroner. With the number of deaths within NHS, the General Medical Council might face punishment. The final verdict might lead to the GMC being stripped of its right to appeal fitness-to-practice decisions. Professor Sir Norman Williams did a report where he mentions the vast number of manslaughter cases in healthcare. After the report, it has been issued that all deaths under hospital care will be examined by a coroner. If not, medical examiners will be appointed once again. Far too many medical professionals are under investigation. Within the last four years, the MDU has assisted just under 40 members with investigations. With the GMC losing its right to appeal fitness-to-practice decisions under the report’s recommendations, it eliminates a lot of factors. One of them being the mistrust between the GMC and the doctors who operate by their policy.

Leading Up to the Investigations: Doctor Accused of Manslaughter

Everything started after Dr Hadiza Bawa-Garba was accused of the manslaughter of a six-year-old boy named Jack Adcock. Dr Hadiza is a 39-year-old a trainee pediatrician working at The Leicester Royal Infirmary. After this incident, Jeremy Hunt the health and social care secretary gave the green light for the review to be done. Full news report available here: Beyond Medical Negligence. Doctors Accused of Manslaughter After the review was finalized by Sir Norman Williams, a couple of new regulations was brought up on which Jeremy Hunt agreed to. One of them being as mentioned that all deaths should receive a full examination by the coroner. The other two major points are the reflective practice of healthcare professionals and the regulation of healthcare professionals. The General Medical Council should be more cautious when assigning unprepared medical staff. If only fully trained doctors are allowed to work with and on patients then gross negligence manslaughter won’t occur that often.

Is Our National Healthcare in a Crisis?

It’s understandable that it’s stressful being a doctor. Most cases a doctor will be working in a very stressful environment, so mistakes can and will happen from time to time. So to lower the chances of medical negligence from occurring the new regulations will only improve how things are done within the NHS and the GMC. You as a patient should not have to wonder whenever your doctor is prepared enough for treating you. You only have to know and accept that medical negligence can happen. Accordingly, the NHS is working on lowering the chances dramatically. However, if you happen to be the victim of negligence, be prepared. To be prepared means to know where to look for an experienced solicitor. An ideal place to find a no win no fee solicitor is on Legit Claims.  Let professionals take care of your personal injury claims.

Hip Operation Negligence leads to £500 000 in Medical Claims

Hip Operation Negligence Leads to £500 000 in Medical Claims.

The gentlemen who experienced hip operation negligence finally received his compensation. The middle age man was very active as he used to be a football referee.  At 45 years he started to experience severe hip pain and decided to consult with an orthopedic surgeon. He then underwent hip resurfacing surgery on his right hip as well as a couple of months later on his left hip. The pain, however, got much more unbearable. The pain got to a point where the man knew, something is not right at all. Consultations were scheduled one after the other but they kept informing him that everything is as it should be.

What Went Wrong with the Hip Operation?

During a review appointment in 2009, he insisted that x-rays be taken. The x-rays revealed that both hip implants were at a very bad angle. Yet, with clear evidence, nothing was still done to correct the mistake. Luckily there exist something known as medical claims. The victim of the hip operation negligence could not continue everyday life as a result of the pain. Finally a few years later he underwent hip resurfacing surgery once again. This time another surgeon was in charge of the surgery. After the surgery some in-depth medical tests where done. The results revealed that he had suffered an adverse reaction to metal debris. The debris from the metal parts degraded the muscles around his hips.

Biggest Claim Settlement to Date

Angharad Vaughan, a medical negligence solicitor was broad on board to represent the man’s claim. The claim was against the Hospital Trust who had failed to provide the proper treatment.  The claimant had no choice but to take time off from work due to not being able to walk properly.  This forced him to open a claim against the hospital for the hip operation negligence. Being an experienced solicitor, Angharad appointed various medical experts to help her client with the immense pain. It took multiple negotiations but in the end, fair compensation was the outcome. Angharad Vaughan managed to settle her client’s claim for an immense £500,000.  Although it was one of the biggest compensation claims that they know of, many believe it wasn’t enough. The unfortunate victim had to use the £500,000 to recover from years of pain and financial difficulties. This is a great example of why it’s important to have the right medical negligence solicitor on your team. Especially when it comes to clinical negligence.

Beyond Medical Negligence: Doctors Accused of Manslaughter

How Far Can Medical Negligence Go?

In Jack Adcock’s case, it’s visible as to how far medical negligence can go. Jack, a six-year-old boy passed away after two Leicester Royal infirmary employees failed to provide him with the proper treatment. The two employees convicted of first-degree manslaughter are Hadiza Bawa-Garba and Isabel Amaro.  Hadiza is a 39-year-old a trainee paediatrician and Isabel is a 47-yeard-old nurse. Both received a two-year sentences suspension. The trail was held at Nottingham crown court. Protesters and a number of medical experts are still supporting Hadiza Bawa-Garba and believe that this wasn’t done intentionally. She shouldn't be charged with manslaughter as it was a mistake. The party who caused the death of Jack is the NHS. If they appointed more qualified staff this would never have happened? Hadiza was just following an order. The health secretary, Jeremy Hunt was in charge of appointing the medical examiners to the case. Hunt said that this isn’t the first time this has happened. So in order to prevent it from occurring again, all NHS patient deaths in the last couple of years will be examined. This will reveal if more deaths occurred due to improper staffing.

The Depths of Jeremy Hunt’s Investigation.

To avoid future cases such as Jack’s one, the culprit of these gross negligence accidents needs to be revealed. Jeremy along with the vast medical examiners and professionals believe the culprit is unqualified staffing. All recent deaths that were not examined by a coroner will fall under direct investigation. This is the only way how they will find out if the death was natural or due to medical negligence. After Hadiza Bawa-Garba and Isabel Amaro was accused of medical negligence that resulted in Jack’s death. Jeremy couldn’t sit back and watch this go on any longer. Jack Adcock died because of septic shock in 2011 as a result of mistakes made by his caretakers. Jeremy pointed out that these mistakes will be impossible to make by qualified medical specialists. Jack suffered from Down’s syndrome and a severe heart condition. During Jack’s care, he sustained infection and when he stopped to breathe, Hadiza and Isabel made no attempt to resuscitate him. According to the two, they were under a strict do not resuscitate order. Jeremy stated that with proper staffing the medical negligence could have been avoided.

Can Patients Ever Be Fully Protected?

Following all the investigations and examinations a review was done by Prof Sir Norman Williams. The review revealed that vital changes be implemented. The system needs to better regulate healthcare professionals so they are supported to reflect on their practice when things go wrong. Prof Norman even stated in an interview: “A clearer understanding of the bar for gross negligence manslaughter in law should lead to fewer criminal investigations which are limited to just those rare cases where an individual’s performance is so ‘truly exceptionally bad’ that it requires a criminal sanction. With these new regulations, it's hoped that future medical negligence leading to a patient’s death will cease to exist. The General Medical Council believes that until these new regulations are met, patients are not fully protected. The best steps to take when any form of medical negligence occurs is to appoint an experienced Medical Negligence Claims Solicitor.  

NHS Medical Negligence Scandal: The Gosport Hospital Deaths Inquiry

How Far Did Medical Negligence Go This Time?

Gosport Hospital will never be seen in the same way again. A place where lives should be saved has now turned in a place where lives are at risk.  Recent investigation informs the public that close to 700 patients may have died prematurely. The cause of this disaster is gross medical negligence. The opiate syringes used to deliver opiate drug doses into the patient’s bloodstream was faulty and of low quality. This resulted in heavy doses being pumped into the bloodstream. The doses were classified as of a dangers size. Dr Jane Barton ordered the syringes to be used at Gosport Hospital. The 69-yeard-old doctor saw this as a cost-saving method. When problems started to occur Dr Barton was forced to leave Gosport Hospital. The Hospital chose to ignore the incident in order to avoid a scandal. However, they also kept on using the cheap opiate syringes. Although senior position holders on the panel were informed of this, they chose to ignore the matter completely. Even though it was proven that the faulty syringes gave inaccurate measurements which caused the hundreds of deaths, the senior members decided to blame the deaths on bad health instead.

The Confessions of Nurse Griffin

30 years ago when Dr Barton gave the order to use the syringes, a nurse also working at Gosport Hospital said this was clear medical negligence. For the second time, this matter was ignored. When the deaths started occurring, Sylvia Griffin, the nurse threatened to expose what was going on. Sylvia Griffin along with other 2 unknown nurses confronted the Gosport Hospital staff members. As a result, Sylvia Griffin was bullied non-stop until she had no choice but to resign. Sylvia Griffin passed away in 2003, luckily her daughter Penny Wilson came forth and told the story to the Daily Mirror. She said in her story the following. “Mum never wanted to point any figures at anyone. It wasn’t about any particular doctor. It was about the whole system.” Sylvia Griffin worked directly under Dr Jane Barton. That’s how she saw what was happening right in front of everyone's eyes. The overdoses occurred between 1989 and 2000. Only now has the truth reach surface.

Hundreds of Medical Negligence Claims and Criminal Charges

Hundreds of claims have been made by relatives of the victims.  Criminal charges have even been demanded against Gosport Hospital. The public feels that all staff members who knew what was going on be sentenced to prison for being accomplices in murder. The exact number of deaths was 650. Never before was anything like this documented. Information has also been presented revealing that an estimated 40,000 syringes were in circulation in the NHS at that time. This information has the public wondering if they are still being used elsewhere. It’s extremely important that you speak to medical negligence solicitors to understand the severity of any matter like this.  

Supreme Court Win: Personal Injury Firm to Recover Costs

Supreme Court Win for Edmondson Solicitors

In a recent Supreme Court Ruling  in favour of Gavin Edmondson Solicitors Vs Haven, the Supreme Court ordered £12,000 in cost recovery to Edmondson Solicitors. The case made headline news as it could possibly set the president for claim solicitors seeking compensation from insurers whom choose to settle with claimants directly. At the core of the issue Edmondson complained that they were left out of the claims process despite signed CFA’s. According to the report claims were settled via the RTA portal, leaving solicitors out of the loop. They did not gain their fair share of the injury cost or injury claim recovery costs, in this case 6 claims in total. Lord Briggs said “The very essence of a CFA is that the solicitor and client have agreed that the solicitor will be entitled to charges if the case is won. Recovery of those charges from the fruits of the litigation is a central feature of the RTA protocol.” Beyond this, the Law Society generally encourages personal injury firms who have experienced anything similar to take action.  Haven insurers stand by their view that they were simply providing good service to customers. To read more about this case, go to Insurer in Hot Water after allegedly Settling Compensation Claims Deliberately. The Supreme Court did not judge Haven in a negative light and it is stated that “claimants received the compensation to which they were entitled.”

The Battle Over Injury Cost: Did Haven Insurers Have a Point?

Haven Insurers may have a slight point in their argument during this controversial case. Direct settlement certainly speeds up the process considerably, which in turn drives customer satisfaction. It is possible though that they might be overstepping their role in the process. In other words, insurers are not necessarily qualified to do the work of the personal injury firms. This is even if the claim process appears simple and straightforward. By doing so, they take away the benefits and injury claim recovery costs that personal injury firms have worked so hard to gain through their experience.

Beyond the Supreme Court: Many Actors, Many Interests

At the end of the day, there will be many actors and therefore many interests on all sides. In these situations, the actors usually include the claimants, the insurers, and the personal injury firms. Some actors may lose and some may win. The question is, are some actors more important than others? Do injured clients take preference over those providing the services such as insurers or solicitors?  Does this negatively affect the service providers in some cases actually undermine the work they do? Lastly, what injury claim or injury cost system could be beneficial to all and does this system actually exist? Your perspective on the Supreme Court case and many cases to yet occur may be based on who you are. This is whether you are an insurer, client or solicitor. Although, it is important to remember that no individual or firm will continue taking part in a system where the benefits do not outweigh the costs when it comes to their own interests. To satisfy your own interests use our injury claims services.

Will the New PI Claims Whiplash Reforms Cause Job Losses?

It is estimated that 1.3 Million people in the work force of Great Britain have suffered a personal injury between 2016/2017. With a focus on motorists, insurance companies have pointed out that PI claims for whiplash alone increased by as much as 780 000 in the same period. Naturally the higher the claim rate, the higher insurance premiums for motorists.

PI Claims and Whiplash Compensation, is it Really Worth It?

In our recent post; Time to Debate the Civil Liability Bill we mentioned how the focus on the Civil Liability Bill would mean a reduction in insurance rates nationwide. This news was well received by motorists who can look forward to a saving of up to as much as £35 per year on their insurance premiums. But the personal injury claims debate is not over. Is the minority of injured sufferers disadvantaged by fraudulent PI claims made by others? How can personal injury claims be more appropriately qualified? And how is the Government and the public going to deal with the whiplash reforms issue together?

The Effect on Personal Injury Lawyers and the Risk of Job Cuts

So (on the surface), it seems that saving a few pounds is good news for motorists. Insurers benefit as well from a reduction in the number of fraudulent claims. However, what does it mean for personal injury lawyers and firms?  According to the Law Gazette, The Association of Personal Injury Lawyers is committed to seeing through the whiplash reforms. It is suggested that “the reforms may be a chance to reinvent the sector and promote a more positive image”. Another recent assessment proposed that Loss in Revenue  for PI firms was substantial and could cost up to “£81m per year in lost revenue”. This could be because the reform sets out to lighten burdens on the small claims court. An expected increase of claimants without representation will rise from 5% to 30%. A further estimation was made whereby the “whiplash reforms are expected to affect 96% of whiplash claims”.

In Conclusion

It is quite prevalent how the changes in the industry are affecting personal injury services in general. Considering cost recovery, solicitors and insurers alike are scrambling to get a foothold in the uncertainty that the PI claims reforms have created. It has already been suggested that Insurance companies are to benefit by claimants seeking compensation directly. Additionally there may be a potential for PI firms to recoup lost revenues by representing individuals who are struggling with their PI claims from insurers. The reform has certainly come under mass scrutiny form the Law Society, and clearly it is going to take time to see how these new implementations around personal injury claims are actually going to work. Ultimately we want to know what will be the impact on the general public as they struggle for their right to fair compensation for personal injury.  

NHS Claims Fraud: Beware of Jail Time for Exaggerated Claims

Is Claims Fraud Worth the Risk? You Can Go To Jail!

Recently a man received a sentence of three months in jail due to claims fraud. The accused exaggerated the effects of negligent medical treatment. He had been offered compensation for £30,000, however, he claimed the total damage was actually £837,000.  The NHS bought this to the court’s attention. The court had no choice but to enforce the law.  They stated, “Those who make false claims and get caught must expect to go to prison”. Claims fraud is without a doubt breaking the law.

The Story of Sandip Atwal

Sandip Singh Atwal, the person accused of claims fraud suffered from an injury during an attack.  He received treatment for the fractures at Huddersfield Royal Infirmary. Sandip Singh received damage to fingers on both right and left hands. He also had a severe cut to his lower lip. After the negligent hospital treatment, he had no more power in the left hand. The right hand had some noticeable deformity but luckily the lip wasn’t in any bad condition. People in these situations can by law proceed with their medical negligence claims. There are cases where negligent hospital treatment caused more damage to the patient. This can result in loss of work and income, however, this wasn’t the case for mister Atwal. In 2011 the court stated that the compensation is £30,000 on which NHS Foundation Trust immediately accepted.  Sandip Singh didn’t accept the offer and continued to argue that the damages were much more.  He stated that a fair offer will be £837,000. He requested the amount as he said he was unable to drive and as a result, his career of deejaying would come to an end.

The Serious Consequences and a £75,000 Fine

Beginning of June 2018, the court disproved mister Atwal’s statement and immediately made the order to take him into custody.  Claims fraud was the verdict and immediate custody is the only way to show how important such a case truly is. The court gained video surveillance indicating that mister Atwal was quite able to drive as normal as well as lift heavy objects. In the video surveillance, mister Atwal is driving with one hand while talking on his mobile phone with the other hand. Further investigations revealed that he is also still working as a DJ without any problems. The court stated that this will act as a clear warning to all the lawbreakers. Negligent hospital treatment is a serious matter and lying on your claim will result in punishment. The court declared that Sandip Singh Atwal must pay fines up to £75,000 in costs. The NHS Foundation is a highly professional organisation and should be seen as such. Chief executive of NHS Resolution, Helen Vernon even said in her statement. “The decision sends a very clear message that the NHS is not an easy target and that you cannot submit fraudulent claims with impunity.” If you lack knowledge concerning claims and receiving compensation then contact your personal injury lawyer. It’s better to be honest, as justice will always catch up to you.

Hopes Rise as Car Insurance Falls

The Good News: Car Insurance Rates have Dropped in the UK.

When Car insurance falls in the UK, everyone’s hopes rise. This, according to The Mirror is great news for citizens of England and Whales. The newspaper reported that average car insurance costs went down significantly, specifically by £13, “on the final quarter of 2017, as well as being the first quarterly fall in premiums in two years.” This is according to the Motor Insurance Premium Tracker and was put forward by the Association of British Insurers (ABI). Furthermore, it measures the actual amount that individuals pay rather than their car insurance quotes. They reported that the ABI claimed that this was perhaps due to the effects of the Civil Liability Bill. This, as well as “seasonal trends”.

The Bad News: Car Insurance Falls but It is Still Quite High (Especially for Men)

As stated, there was a significant drop in costs nearing the end of 2017. Although, the ABI reported that the costs at the beginning of this year were notably high. One of the stranger findings, of course, is that in general, men tend to pay higher car insurance. This is according to The Telegraph. The newspaper stated that this is still occurring even though there has been a ban on part of the EU. The ban prohibits insurers from evaluating potential car insurers based on their sex. Although insurers reported that this was due to the fact that in general men tend to have more legal issues concerning their driving, men also tend to drive cars of a higher monetary value.

Car Insurance and the Personal Injury Industry

It is generally understood that the lower insurance rates could be the result of the changes the Civil Liability Bill is currently undergoing. Read more Time to Debate the Civil Liability Bill. Rob Cummings, the ABI's assistant director, head of motor and liability, said: "While this small fall in the last few months gives some relief to motorists, it is in line with seasonal trends and the underlying cost pressures from things like personal injury claims remain." It appears that there is indeed hope, and this time it is for those affected by personal injury. Insurance rates, generally speaking, takes accident claims rates into consideration. When insurance rates appear to decrease there is less pressure on motorists nationwide. For motorists going through accident claims, there could be a prospect of faster settlements as well as proper settlement values.  We are sure that many personal injury solicitors will agree. Law firms and Solicitors in the UK are keeping their eyes on the upcoming changes in the Civil Liability Bill and the way it will affect the accident claims industry and purveyors of personal injury services at large. The hope is that if that rates and processes improve for victims of personal injury, it will for personal injury solicitors as well.

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.

Directors Beware: Proposed Fines for Nuisance Calls

Directors May be Held Accountable for Nuisance Calls

According to the Law Society Gazette, it was proposed by the department for Digital, Culture, Media & Sport (DCMS) last month to take action against company directors as they apparently “escape justice”. Company directors that enact nuisance calls – also sometimes referred to as cold-calling - may be directly charged with fines reaching up to £500 000. The DCMS claims that directors keep slighting the hand of justice through many methods such as starting cold calling companies up under a new name. This is after claiming bankruptcy through penalty payments, thus perpetuating the issue. Margot James MP, minister for digital and the creative industries, said: "Nuisance calls are the blight on society and we are determined to stamp them out.” The DCMS further stated that end can be made to unwanted calls in the event where the information commissioner has the power to hold rogue bosses to account. This proposal comes after the conclusion of the government’s rejection of total ban in the Financial Guidance and Claims Bill. The call for a ban on cold calling marketing practices has been cleared with its third and final reading in April. No amendments have been made for a total ban.

Nuisance Calls Statistics in the UK

Cold calls in the United Kingdom are no small issue. With the following statistics outlined by the Financial Adviser illustrating the spectrum of this matter as follows:
  • There are 4200 cold calls every minute. This leads to over 6 million daily.
  • In 2017, there were 2.2 billion cold-calling texts.
  • The main target of these cold calls seems to be pensioners over the age of 65, making up around 30% of all these calls.
  • Most nuisance calls are related to pension. This as well as protection insurance and personal injury.
  • Accident claims nuisance calls seem to make up the majority of reports by relevant consumers.

What I Do About Cold-Calling?

Prevention is Always Better than Cure Prevention is always better than a cure. One way you can prevent cold calling is by registering with the Telephone Preference Service. This makes it illegal for any such callers to contact you unless you have previously given them your name.  If you request that they stop calling you and they continue to do so, you can consider this illegal activity. But Here’s a Cure if You Ever Need One One way in which you can stop cold calls is by blocking numbers.  These numbers can be withheld or call of an international nature. Of course, this may mean you miss other important calls that are not under the cold calling category. Furthermore, you can report scam calls to ActionFraud.

We Care About our Customers: Our Great Service Speaks for Itself

Legit Claims does not rely on these types of marketing methods. Rather, we employ integrity-based advertising and marketing. This allows our great personal injury services to speak for our company and what exactly it can do for you.

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.  

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.

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…”

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?

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.

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.

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.

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.

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.  

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.

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?

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.

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.

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.

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