Archive for the ‘Personal Injury Law’ Category

Moving with the times…

Thursday, March 27th, 2014

As we have previously informed you there has been a complete overhaul of personal injury law and procedure with the introduction of new law, cases going through the courts resulting in decisions being made which interpret the new law and most recently a complete ‘u’ turn changing the new law again.

Personal Injury Pal, the Personal Injury Department of Coley & Tilley Solicitors, continue to take on board and embrace the new changes.  Some solicitors’ firms have given up, some unfortunately have either gone into administration or liquidation, some continue on as we do in this legal turmoil!

Personal Injury Solicitors Birmingham - snowdrops

The legal process has always changed.  We strive to change with it to ensure our clients still get the best result possible.

We just thought we would remind our clients, old and new, that Personal Injury Pal is still taking on personal injury claims.  If you have had an accident in the last 3 years which was not your fault resulting in injuries you may be able to claim against the person or company who caused your accident.  Please feel free to call us on 0121 643 5531.  There is no pressure.

Why not recommend us to a friend, relative or colleague?

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Just Physical Pain?

Monday, July 22nd, 2013

Accidents cause injury.  There is a natural assumption of people to think that unless people “see” the injury there is no injury.

Injuries are not just obvious ones.  Injury can have a devastating effect upon an individual and their family.  It impacts on every part of their life.  It is therefore not surprising that psychological consequences of such an injury can happen. The impact of an accident from a psychological standpoint will vary from person to person.  We are all different and will react in different ways.

There is always a “shock” element initially after the accident but if after time, you yourself know that “things” just aren’t quite right, talk to your family.  They may have noticed changes in your mood or personality.  If “things” still don’t feel quite right go and see your GP and talk to them.  GP’s will understand and your thoughts will be more common than you think.  If you are pursuing an accident claim in Birmingham or elsewhere, mention your thoughts to your solicitor.

Psychological injuries are just as, if not sometimes, more important than physical injuries and left to their own devices, without help can lead to more serious complications and impacts on the lives of you and your family.

If you pursue an accident claim with a solicitor at Personal Injury Pal, Personal Injury Solicitors Birmingham, we will talk to you and will listen to all of your concerns about the impact that your accident has had on you.  We recognise that there is more to the aspects of a injury then just the physical side.

Accident Claim Birmingham - sun set

Contributory Negligence

Thursday, June 13th, 2013

When accidents happen, sometimes the injured person may find that they are partly to blame for it.  This is not however to say you are wholly to blame.  In the vast bulk of cases your opponent will bear the lion’s share of the blame.  If this happens you will still recover compensation but it will be reduced to take account of your “contribution” to the cause of the accident.  This is normally on a percentage basis such as 50/50 or 80/20.  The important thing is that you will still recover some compensation.

Examples

  • In a road traffic accident claim, if you do not wear your seatbelt then your damages may be reduced by a percentage if it can be shown that ‘had you worn your seatbelt your injuries would not have been as severe.’ 
  • If you are cleaning machinery at work whilst it is still running, your employers may be responsible for your accident for allowing this practice to take place, but your damages may be reduced by a percentage because you contributed to your own accident by not switching the machinery off first.

I dealt with an accident claim whereby two youths lifted a board off the ground intending to use it as a ramp for skateboarding.  One youth fell through the manhole which it was covering.  My client succeeded with his claim (the board should have been fixed down), but his damages were reduced by a percentage because he was partly to blame for his own accident by removing the board in the first place.

Accident Claim Birmingham - blind ladyA case where contributory negligence did not apply was when I represented a partially blind lady in an accident claim who tripped over a fallen down road sign which had been left in the road by contractors.  The works had been completed but they failed to remove the sign.  Contributory negligence did not apply here because my client could not see the road sign due to her poor eyesight.

The law

The law is found in The Law Reform (Contributory Negligence) Act 1945 which provides that:- “if any person suffers damage as a result partly of his own fault and partly of the fault of any other person… damages recoverable in respect thereof shall be reduced by such extent as the court thinks just and equitable having regard to the claimant’s share in responsibility for the damage.”

You may think that you cannot claim because you contributed to your own accident, but as you can see from the above examples you may still succeed in an accident claim, with a reduction for contributory negligence.

If you have had an accident and you think it is your own fault, it is always worthwhile giving us a call so we can advise you properly.  It may be that you can still recover some damages.

 

Melted Chocolate:

Friday, April 5th, 2013

D Day has arrived.  We’ve gorged ourselves on our last Easter egg and we are now in that post Easter feeling that merely the very sight of another egg will make us sick!!

Personal injury is now governed by the new rules and regime change.  Ours and our clients’ ability to gorge on these cases will no longer be allowed and we are now on a strict regime of everything having consequences and we all have to take a hit on the benefits.  And so here we are.  No longer can we guarantee clients’ 100% of their damages.  No longer can solicitors firms “spring up” and earn a small fortune in fees.

Time will tell whether such austerity cuts will benefit all in the long term.  However personally I think the wet wipes should be available certainly short term whilst people grasp onto that last piece of chocolate which will inevitably melt as the new regime bites!

“Mad Quackers”

Friday, April 5th, 2013

As I stood at the train station in the sub zero temperature I witnessed first hand a flagrant breach of Health & Safety issues opposite me.  No warning signs; no barriers; no staff guidance; no warning bells.  My heart rate increased as I watched the subject in question casually wander off the edge of the platform to take a shortcut to her destination.  Whilst she ambled along I waited anxiously to see impending doom when the 8.05 am to Liverpool approached.  Thankfully disaster was avoided.  But it led me to raise a question; common sense!?  In this “health & safety gone mad” world as Personal Injury Solicitors we constantly have to face situations like this daily.  Each case will turn on its own facts.  Certain cases will mean that we have to say “sorry we can’t help”, others will be ones where the blame can be apportioned.  In certain circumstances the whole blame will be with the other party.  You may think you have no case but a solicitor with Personal Injury experience will assess each case on its facts. If in doubt whether you have a case then please contact us and we will see what we can do.

As for the subject of my story – well truth be told she couldn’t have signed the No Win No Fee Agreement anyway.  Thankfully she waddled safely back to her pond!!

The Importance of Independent Witnesses

Tuesday, March 26th, 2013

The Importance of Independent Witnesses – Helen Powell, Solicitor, Personal Injury Solicitors Birmingham

If you are involved in an accident, the chances are that passers-by will stop to help.  If a passer-by stops to help it is very likely that they have witnessed the accident, but it not, they are on the scene moments later.  Either way, their evidence as to what they saw or heard can be crucial in determining the outcome of who is to blame for causing the accident. This is because prior to the accident they did not know either party and therefore they have nothing to win or lose by making a witness statement as to what happened.

I have acted for personal injury clients now for 12 years now and believe it or not it is rare that a client will provide a name and phone number of an independent witness.  Don’t get me wrong, 99% of the time passers-by do stop to help, but injured clients don’t think to get their details.  Not surprisingly, they say they were in pain and shock and “did not think”.  You could simply ask others around you to ask witnesses for names and addresses.

The opposing insurance company or a judge in court will place more reliance on the evidence of an independent witness.

Please click on our advice page for more simple step by step Advice and Tips on what to do in the event of an accident, both at the scene and after.