Personal Injury: Types of claim

 
Road traffic accidents

This is the most common type of accident and you may have been injured as a driver, passenger, cyclist, motorcyclist or pedestrian. Typical injuries for car drivers/passengers are soft tissue/whiplash injuries involving the neck and back. In more serious cases these injuries can be very debilitating and it is important to get appropriate medical treatment (such as physiotherapy or osteopathy) at an early stage. If you can’t afford to pay for this treatment upfront another option may be via the third party’s insurers – they can usually offer treatment through a specialist rehabilitation company.

Pedestrians, cyclists and motorcyclists are vulnerable to more severe injuries including fractured limbs or life changing spinal or head injuries and head injuries.

We have a particular interest in cycling accidents - several members of the department are regular cyclists and have first-hand experience of the risks faced by cyclists from other road users. We also have expertise in claims for motorcyclists including claims against councils for defective road surfaces. If you are the victim of a hit and run incident or the third party is uninsured you can still pursue a claim - against an organisation called the Motor Insurers’ Bureau.

In the case of a fatal accident, in addition to bringing a compensation claim we can liaise with the Coroner’s Court and if appropriate represent the family at the inquest.

Accidents at work

If you have been injured at work this may be because your employer has breached their duty of care to provide a safe place of work and safe systems of work. This may be due to defective work equipment, mistakes by colleagues, lack of appropriate training, failure to provide proper protective clothing, slippery surfaces or an inherently unsafe method of working. Accidents happen in a variety of industries including construction sites, factories, offices and shops.

The Courts have historically taken a fairly generous approach to accidents at work because employees should be able to earn their living in safety. However, success is not guaranteed and occasions do arise where an accident is just that ie it was not foreseeable and was not the employer’s fault. There are also cases where an accident is caused by the injured person, perhaps for failing to follow correct procedures. We have a wealth of experience in assessing whether claims are likely to succeed or fail – and will give you fair and sensible advice at the outset about whether to pursue a claim.

Trips/slips

These can be difficult claims to win but in appropriate cases are worth pursuing. If the accident involves tripping on an uneven pavement you must establish that the council did not have a reasonable system of inspection and maintenance or that it failed to respond appropriately to a reported defect. The Courts are reluctant to impose standards which are too burdensome and the usual test for an actionable defect is a measurement of 1 inch. If the accident involves slipping in a supermarket the basis of the claim is similar ie you must establish that the occupier did not have a reasonable system of inspection and maintenance or that it failed to respond appropriately to a report of a spillage. Most supermarkets do have proper systems in place – both for routine inspections and clearing up spillages. Accordingly, claims often depend on whether there is evidence of the system not being operated properly for some reason on the occasion of the accident.

Catastrophic injuries      
Catastrophic injuries involve damage to the brain or spinal cord. Where the spinal cord is injured there may be paralysis (paraplegia or tetraplegia) and where the brain is injured there may be an affect on speech, mobility, understanding and many other functions that most of us take for granted. Awards of damages can be substantial not least because the injured person may require care for the rest of his or her life.

We will help to provide the injured person and their family with support and will address rehabilitation and welfare issues as early as possible. In cases involving serious injuries we can arrange for a family member to act on the injured person's behalf through the Court of Protection.

Because of the complexity surrounding these claims – and the fact that they are often vigorously defended because of the sums of money involved – it is vital to be represented by a specialist solicitor. We have genuine expertise in this type of claim and considerable experience of handling high-value catastrophic injury claims. Our team has links with the leading brain injury charity Headway.

Asbestos diseases
Asbestos is a fibrous material that was widely used in building/manufacturing from the 1950s to the 1980s. It was predominantly used for insulation and fireproofing. It is the individual asbestos fibres which are dangerous when they are inhaled.

Most asbestos diseases are caused by working in an asbestos environment without appropriate protective equipment. Workers who have installed asbestos or have been involved in its removal are most at risk. Family members can also be affected because it can occur as a result of touching the clothes or belongings of someone who works in such an environment. A series of cases has established that wives and children who have inhaled asbestos fibres brought into the home on work clothes can bring claims.

Liability for asbestos exposure is sometimes conceded due to the sad fact that asbestos continued to be used well after its risks were known. However, that is not to say that such claims are straightforward and there can be complex issues regarding the level of exposure in a particular job where a worker has had a number of employers. Furthermore, because symptoms can take many years to manifest some employers will have ceased trading by the time a claim is brought (although it is usually possible to trace the relevant insurer for the period of the exposure). Claims cannot always be concluded – and in some cases are not even started – until after an asbestos victim’s death, which adds additional complications.  

This is a highly specialised area of law and accordingly it is important to appoint a solicitor who has the necessary skills and experience. We can provide this legal expertise and aim to combine it with the sympathy and understanding that clients appreciate at such a difficult time.

Criminal injuries
A victim of a crime of violence such as assault can apply for compensation to the Criminal Injuries Compensation Authority (CICA). It is vital that the incident is reported to the Police as soon as possible and that your claim is brought within two years. Even if the assailant cannot be found or charged with a criminal offence you may still succeed with a claim for compensation. Claims which are initially rejected by the CICA (eg on the basis of the claimants own conduct before or during the incident) are often successful on appeal to an independent Tribunal.

We have specialist expertise in dealing with CICA claims having handled a wide range of such claims involving a variety of injuries. Legal costs are not recoverable and claims are generally funded on a contingency fee basis ie our fees are a percentage of the compensation recovered.