Personal Injury Law Blogs

3 Quick Tips for Claiming for Personal Injury in the UK

Experienced Solicitors for Injury Claims

Here are 3 quick tips for claiming for personal injury in the UK (applies to Scotland, where personal injury law is known under the term ‘delict’, England & Wales and Northern Ireland. For fast legal advice contact us here:-

1. Make extremely close attention to time limits. There are different time limits that apply to different types of personal injury claims in the UK. Generally the time period for making an injury claim in the UK is 3 years BUT this does vary. You should get legal advice, ideally free initial legal advice, straight away to ensure you know when and how you can make your accident claim. If you don’t you could be losing out on all compensation you would otherwise have been entitled to.

2. Think about and research how you’ll pay for your legal action. Lawyers can be expensive. Bringing a claim can be expensive. But with the personal injury claims market being at such an advanced point in the UK with a great deal of competition, you don’t have to fund things entirely yourself. You could get help with legal costs for instance through legal aid. Or you could enter into a conditional fee agreement with your solicitor (eg find a solicitor who will work on a no-win no-fee basis and sometimes if you’re lucky even one who will give you 100% of the compensation you are due (not many of these exist any more, but there are several in the UK)). Whatever you do, don’t get a free initial legal advice consultation then sign up without researching what other solicitor options there are out there. And never, ever try to represent yourself in a personal injury claim (unless you want to end up with less compensation than you want or deserve).

3. Choose the best possible solicitor for you. Don’t try to find the cheapest personal injury solicitor out there. Quite often while they might be undercutting their competitors’ costs, they may be sacrificing service or expertise (although not necessarily). Choose a solicitor who is a personal injury accredited specialist. Scotland and England & Wales have different accreditation schemes – look them up before or after you research the solicitor(s) you want to hire to help you pursue your accident claim.

Good luck and again for quick legal advice contact us here.

‘Tis the Season’: Accident Claims Rules of the Motor Insurers Bureau (‘MIB’)

On the approach to the Holiday Season we are often filled with excitement, infected with Christmas Spirit and nursing our Christmas Party hangovers.

But with December seeing an increase in Drink Driving, accidents on the road inevitably increase and those culpable drivers, not applying their ordinary level of humanity owing to their alcohol consumption, will often flee the scene of an accident in a state of panic.

A hit-and-run is defined as the act of causing (or contributing to) a traffic accident and failing to stop and identify oneself afterwards; this is a criminal offence.

Victims of such incidents can be left with symptoms ranging from whiplash, to more serious and immobilising injuries such as breaks, fractures and psychological trauma, leaving their festive period …not so festive.

Being involved in an accident at any point is a traumatic event but, where the responsible driver flees the scene of the accident, it can only add to the stress and worry which inevitably follows any accident.

Victims of hit-and-run drivers may think that they do not have recourse as the culpable driver cannot be traced, however, the existence of the Motor Insurers Bureau (‘MIB’) means that they may still be able to pursue a claim for personal injury.

The MIB is a statutory body set up to deal with personal injury claims involving untraced drivers under what is known as the ‘Untraced Drivers Agreement’.

The Claim is initiated via an application process under the Untraced Drivers Agreement and, although the applicant can make the application directly via the MIB, the Untraced Drivers agreement itself and the process which follows can often be complex and lengthy at a time when people are already experiencing undue stress. It is therefore reassuring and necessary for most people to have the specialist legal knowledge of a Solicitor representing them.

There are a number of conditions which must be satisfied in order to successfully pursue a claim under the Untraced Drivers Agreement.

These are often conditions which need to be satisfied immediately after the accident, and often before the victim has had the opportunity of seeking legal advice.

If you are involved in an accident with an Untraced Driver it is important to note that there are stringent rules to follow and the MIB will only compensate you if the following conditions are met:

  1. If the accident involves injury alone, the accident must be reported to the police within 14 days of the accident occurring.
  2. Where there is also a claim for property damage, the accident must be reported to the police within 5 days of the incident occurring or as soon as reasonably possible thereafter.
  3. You must provide satisfactory evidence that you have reported the matter to the police. It is therefore advisable to obtain a police reference and retain this, along with any correspondence you receive from the police.
  4. You must have fully cooperated with any police investigations.
  5. The MIB are only obligated to compensate you where the Untraced Driver would have been found negligent and where compensation would have been paid by the Insurance Company had they been insured at the time of the accident.
  6. As the MIB are only obligated to compensate where they believe the Untraced Driver was negligent, it is important to obtain as much evidence to support the circumstances of the accident as possible to prove that the Untraced Driver was at fault, ideally by obtaining details of any witnesses to the accident circumstances and asking the police to review any CCTV footage which may have captured the accident.
  7. The Claim must be brought within 3 years of the accident, or as soon as reasonably practicable after realising injury had occurred.
  8. A claim cannot be pursued if you knew, or ought to have known, that the vehicle you were travelling in was being used in the course of a criminal activity and/or that it was not insured at the time of the accident.
  9. You will be under a duty to prove that your injuries have been caused by the negligence of the Untraced Driver. It is therefore advisable to seek medical attention for your injuries to ensure the accident and symptoms are documented and that you receive the right medical advice and treatment.

Ultimately, there are two primary issues with each and every personal injury claim; the first is to prove negligence against the driver i.e. liability, and the second, is to prove causation, this means to prove that the injuries have been caused by the accident.

The investigation process conducted by the MIB can be lengthy but once complete, provided the MIB are satisfied that all conditions have been met and that the injuries have arisen from the accident with the Untraced Driver,compensation will be paid for the personal injuries sustained.

Although compensation can never eradicate the effects of an accident, it canoften go some way towards helping those innocent victims get back on their feet, get on with their lives and restore their Christmas spirit!

Jimmy Savile personal injury claimants tops 160, Courts hears

London Appeal Court judges have begun analysing legal arguments over a compensation scheme set up for victims of Jimmy Savile, who died in October 2011 aged 84.

The Court of Appeal was told by trustees of one charity, which is a major beneficiary of Savile’s estate, that compensation claims had to be scrutinised. Explaining that they had concerns about the compensation scheme drawn-up between the executor of Savile’s estate (NatWest Bank) and the lawyers representing the alleged victims.

This follows an earlier High Court ruling in February where the judge, Mr. Justice Sales approved the compensation scheme set-up for victims of Savile, in the face of objections from the Jimmy Savile Charitable Trust. He also would not replace NatWest bank as executor.

The Jimmy Savile Charitable Trust is asking the Court of Appeal to overturn Mr. Justice Sales’ decision. Accordingly three Appeal Court judges have begun analysing legal arguments at a hearing in London.

Mr. Justice Sales had heard that Savile was the subject of an ITV programme broadcast in October 2012.

Judge Sales said Savile, having worked at the BBC, had been accused of being a “serial child abuser and sex offender” – and was also allegedly regularly abusing people in NHS hospitals.

He said following the broadcast a “large number” of people had come forward making claims of abuse by Savile.

Sales described the compensation scheme as a “sensible and pragmatic” attempt in solving a “complex situation”.

He went on to say that the scheme would allow for “sufficient objective scrutiny” of the merits of the compensation claims. Sales was reported to have said that approximately 140 people had “intimated to the bank” that there were personal injury claims against Savile and his estate in relation to sexual abuse.

Additionally Mr. Justice Sales said there had also been indications of claims against other organisations that Savile had been associated with – the BBC, a number of NHS hospital trusts and the charities Bernado’s and Mind.

The number of people with an intention to make claims has now risen to more than 160 according to the lawyers.

The value of Savile’s estate is around £4 million based on the experts’ opinion. However Mr. Justice Sales has reckoned that a “range of expenses” has already been incurred which means that the value of the estate has decreased to some £3.3 million.

Robert Ham QC, acting for the Jimmy Savile Charitable Trust, said the compensation scheme did not have the mechanism to sufficiently assess the “validity” of claimants. He reasoned that it lacked a “process of evaluation”.

“It describes itself as a scheme to provide compensation,” Mr. Ham said to Appeal judges. “It doesn’t describe itself as a scheme to scrutinise and assess claims.”

He added that: “As a matter of common sense these sort of situations are likely to attract numbers of fraudulent claims. One certainly cannot proceed on the basis that the claims are valid- or even presumptively valid.”

Mr. Ham said that NatWest “misunderstood” its duties in being the executor of Savile’s estate.

The bank regarded itself as a “middle man” although it should be a “defendant” in preserving the assets of beneficiaries who were entitled to them.

Mr. Ham told Lord Justice Pattern, Lady Justice Gloster and Lord Justice Bean, appeal judges, that the Jimmy Savile Charitable Trust was a registered charity which had “general charitable aims”- to include the “relief of poverty” and the “relief of sickness”.

Mr. Ham stated neither the trust nor trustees were “in any way” implicated in allegations made against Savile.

“It would not be right to regard the trust as in any sense the alter ego of Jimmy Savile,” he claimed. “It is simply a beneficiary of his will.”

The appeal court had received a letter from the regulator of the Charity Commission said Lord Justice Pattern. Stating that the commission had concerns about “charitable funds” being “diverted to the costs of litigation”.

Mr. Ham told the court the commission had been informed of developments in litigation.

Lawyers responsible for the representation of alleged victims are in fear that further litigation has the potential to run up costs, which will simply eat into the money available for potential compensation.

Mr. Justice Sales told alleged victims that they would not be out of pocket resulting from the High Court fight.

It has been ruled that because the trust lost the High Court battle it should have to foot legal bills- conclusively a sum of over £250, 000 – run up by alleged victims and the bank.

The appeal hearing continues.

If you are looking for personal injury solicitors you may find the following links useful:

Kent – Kent Compensation – http://www.kentcompensation.com/

Essex – Blackwater Law – http://blackwaterlaw.co.uk/

New Accident Claims Advice Website Launches for UK Residents

London, UK (PI Claims Blawg UK 20 October 2014). The following is a new legal press release from Accident Claims Web:-

This month a new website launched in partnership with the Accident Claimline, with the aim of helping UK residents and workers to claim for compensation from an accident.  With the proliferation of ambulance-chasing style tactics from many personal injury claims management companies, the Accident Claims Web has a different approach.

They don’t actively pursue accident claims from UK residents and workers, but instead let potential claimants find their website online and then present back relevant information and advice.  Then if the claimant wishes to call the dedicated call centre, they can – and receive immediate accident claims advice on what to do next and if they wish, be connected up with a personal injury solicitor local to them.

You can see the website on www.accidentclaimsweb.co.uk and also read a bit more below about the various accident claims types that they specialise in.

Accident at Work Claims

One of the more common UK accident claims involves people who have been injured in the workplace.  The Accident Claims Web works with solicitors around the UK who are specialists in accident at work compensation.  For more information visit their website.

Industrial Injury Compensation

Working in heavy and manual industry can often result in injuries leading to accident claims involving industrial disease and industrial deafness.  If you think you might have been affected by your working environment then get in touch with the Accident Claims Web to discuss the matter.  All conversations are no-obligation. For more information visit their industrial injury compensation page.

Sports Injury Claims

With millions of people in the UK playing sports every weekend, the chance of accident can be quite high, especially in contact sports such as rugby and football.  The Accident Claims Web has a dedicated sports injury claims section, with sub-sections dedicated to most major sporting activities.  If you have been injured whilst playing, then please visit their website to see what options are open to you in terms of claiming for sports injury compensation.

How the Accident Claims Web Works

Here’s a brief overview of how the process works for people in the UK seeking accident claims advice.

  1. The claimant searches for their specific accident claim on the website.
  2. After reading through the pre-qualifying information to make sure they have a valid accident claim they call the Freephone number.
  3. They will then speak to a specialist in the Accident Claimline’s call centre who will take further information from them about the accident.
  4. If there is an accident claim or personal injury case to answer, the call centre operative will connect the claimant up with a local personal injury solicitor.

About the Accident Claimline

The Accident Claimline have been established for over a decade and are specialists in accident claims and injury claims in the United Kingdom.  They work on a no win no fee agreement meaning UK claimants do not have to pay any up-front legal fees.  By calling them via the Accident Claims Web, claimants are under no obligation to use their services.

They are fully regulated by the Claims Management Regulator in respect of claims management activities CRM28108 and full details of our registration can be found at www.claimsregulation.gov.uk

Serious Injuries, Broken Bones And Road Traffic Accidents

Whether it’s night or day and something unexpected just happened on the road, and you need a towing service, emergency gas delivery service, looking for the Best place to buy car battery, kick-starting your car, or you have a disabled vehicle that needs removing, call Towingless they can help you.

While the most recent government figures (2012-2013) show that there were relatively fewer fatalities on the roads in the UK than in the rest of Europe, the official data states that the number of people seriously injured on our roads was still a worrying 23,530.

The definition of a serious injury varies quite widely: it is one which requires an in-patient visit to hospital, or one that requires direct medical treatment but not necessarily a hospital stay. Broken bones, internal injuries, lacerations and concussions – these all require treatments like Knee Replacement Alternatives in Charleston – QC Kinetix and the patient may have to take time off work to heal.

For example, official government figures indicate that broken or fractured bones accounted for 11% of serious injuries caused in road traffic accidents between 2010 and 2012.

A serious injury also includes life-changing injuries that require amputation, or might be a head injury that requires more lengthy rehabilitation, or could even lead to death; drivers, passengers, pedestrians, motorcyclists and cyclist are all at risk.

How are road traffic accident injuries caused?

The severity of injuries sustained as a result of being involved in a traffic accident vary depending on the size of the accident, speeds involved, whether people wore seatbelts, how they were sat … all these can change the way a human body spreads an impact, which influences how badly injured they are.

Recovery might be as simple as a cast and a couple of weeks off work, or it could be a much more severe break that requires surgery and rehabilitation with months off work. At this point, personal finances begin to become a real issue for many people.

Serious injury compensation

Mortgages, bills and day-to-day living expenses still need to be paid for during this time, as well as prescriptions, crutches and other specialist equipment that can make a patient’s life easier while they get better. It’s worth bearing in mind that anyone seriously injured in a road traffic accident because of someone else’s mistake, may look into making a claim for compensation.

While compensation won’t miraculously heal an injury, it can provide more financial security during a difficult time and ultimately help victims and their families get back on their feet.

Claim500 are personal injury claims experts who have dealt with many serious and catastrophic injury claims that are the result of road traffic accidents. In addition Claim500 are experts in the fields of clinical / medical negligence, work related accidents and industrial disease claims.

Protect Student Athletes from Serious Brain Injury

The danger of repeat concussions has been moved to the forefront of discussion involving athletes and injuries and while more schools across the United States are taking a stance against play after concussion students are always removed from the game.

In April of 2013 47 states had enacted youth concussion laws that generally require students suspected of sustaining a concussion to be removed from play until the injury has been ruled out or a medical professional has cleared the student to return to play.

There isn’t a punishment in place for coaches or officials who fail to follow youth concussion laws, and it’s really based on an honor system.

Youth concussion laws aren’t foolproof

There are a number of reasons some students continue to play even after having sustained a head injury or concussion. Sometimes parents can be a huge barrier to removing students from the game—especially when a potential scholarship hinges on play. Parents have balked at their child being removed saying the student needs to play for the scouts or visiting coaches.

Educating parents and student athletes on the very real dangers associated with continued play with a concussion has been extremely instrumental in getting parents, the player and coaches on the same page.

Some students who have remained in play after an initial concussion have received a second injury and in some cases the second impact has resulted in brain damage or even death.

Although students and coaches have been instructed on how to identify a head injury by its symptoms students also know if they want to they can lie to a coach or duck questions about how they feel if they want to remain in play.

If a coach sees a student hit their head, but doesn’t notice visible signs of a concussion they may ask a question like, “are you okay?” The student is then the one who determines whether they will stay in play or not based on their response.

Increasingly coaches aren’t taking any chances

Despite the increased knowledge and education on head injuries, many athletes still believe it’s safe for them to return to play even if they’re experiencing symptoms from a concussion.

In football especially awareness is on the rise, but in other sports, like women’s soccer ongoing education is still essential.

Without physical signs of a concussion it can be difficult for a coach to determine if a head injury was sustained, but more frequently coaches are pulling player they suspect of receiving an injury just to be safe.

Recent headlines have shown taking a risk and allowing a student to play and not notifying parents can result in tremendous damages.

A California school is being sued for general negligence, personal injury and property damage stemming from a 2011 injury because parents weren’t informed of their child’s concussion.

A second California school is also facing a lawsuit after a water polo coach failed to remove a student from practice after she was hit in the head, became unconscious and even slipped under the water for a moment before resurfacing.

Although tremendous steps have been taken in the past few years to protect athletes, many kids are still slipping through the cracks. Risking a brain injury for the sake of a team, season or scholarship isn’t worth it for the student and risking a lawsuit isn’t worth the risk for schools and coaches. If you suspect your school isn’t being diligent in protecting student athletes don’t hesitate to speak to a lawyer to protect the youth in your community.

 

Author’s bio: Michelle Lee is a student intern working with Maggiano Law. Michelle, a New Jersey native plans to become an attorney. In her free time Michelle volunteers for a local animal shelter and indulges in her guilty pleasure–James Patterson novels.

 

Winter Holidays – Planning for Personal Injury Claims Abroad

In January many of us start to really think about planning a trip abroad – about 900,000 people in the UK love to ski and may have already planned their special ski holiday. It has to be acknowledged that all types of ski holidays will be expensive no matter where you go so it is crucial to take time and pick the right holiday deal for you.

The first thing the ski enthusiast considers when booking a trip is obviously the snow! Will there be definitely plenty of snow and will the slopes suit you and perhaps your family’s skills and ability? – This is the key consideration and will greatly influence the resort booking choice. The cost of the holiday is also of great importance but for an adventure holiday like this there is no way to cut corners and think solely about expense. You need to plan for every eventuality and this means double checking safety standards at your resort and making sure your insurance cover is adequate.

We sometimes just consider that personal injuries may occur whilst actually skiing on the slopes but in fact travelling to and from either your accommodation using resort facilities e.g. Ski lifts, can also present a danger, in February 2013 the BBC reported on an accident which happened when a ski-lift derailed and 5 children were injured.

Good insurance cover is a must for all holidays but especially important for a ski holiday whether abroad or in Britain. Personal injury claim procedures in the UK which cover accidents occurring here have been changed drastically over the past 12 months and everyone needs to be aware of this before making a claim. In April 2013 a major Civil Justice reform was passed affecting all personal injury claims and there is now a cap on compensation payments. Legal advice is now recommended before making any claim.

Regarding your skiing holiday it is important to note that ‘normal’ insurance will NOT cover you whilst you are out on the slopes! The cover will also not extend if you plan to go off-piste. So the absolute most important item on your holiday booking check list has to be the consideration of personal injury or accident cover. Research thoroughly to get a good but affordable cover for you and your family, read the small print and remember to check that the policy you have chosen will pay for emergency helicopter transport from the ski slopes to a hospital.

Conclusively it is recommended that you should take legal advice on personal injury cover from an expert. They will help you make the correct decision and take out the most safe policy for booking a skiing holiday…..before you sign on the dotted line or press that ‘confirm’ button online!

Owning a horse – three different types of compensation claim

I have had an accident whilst riding can I claim compensation?

If you have experienced a horse riding accident, which was caused by someone else’s negligence, then you may be entitled to claim compensation for your injuries. In order to establish a 3rd party’s negligence you must show that the 3rd party owed you a duty of care, which they breached, thus causing you an injury.

In England and Wales there is a standard limit of three years in which a personal injury claim must be made. If legal proceedings are not started within these three years then you become unable to do so as the case is ‘barred’.

In order to bring an accident compensation claim you should seek the services of a personal injury solicitor, experienced in equine injuries, as soon as possible. Many accident Claire cases are now taken on as no win no fee cases. This means that the solicitor will only take on your case if they feel there is a high chance of success. No win no fee essentially means that the solicitor will not charge you for his/her legal fees if you lose the claim. If you win, the fees will either be deducted from your compensation award or more likely will be claimed from the other side.

A rider has had an accident during a lesson at my riding school, could I be liable for compensation?

As the owner of a riding school you are under a duty of care to those who pay you for lessons or hacks. Your duty of care towards them includes things such as ensuring that the horses you provide are suitable for the level of experience the rider has, and that riders are accompanied by teachers or guides at all times.

However, in order for a successful accident compensation claim to be brought against you, the victim must show that you have breached your duty of care, and that this failure caused their injury. If the accident occurred due to reasons completely out of your control, then it is possible that you may not be liable. Other aspects such as contributory negligence[ i.e. the extent to which the injured party was responsible for their own accident] will also be considered.

As an owner of a riding school you should be in possession of insurance, which should cover you for damages if someone has suffered an injury whilst using your riding school You must be aware however that if your insurance company feels that the incident was caused purely by accident and you were not negligent, they may refuse to pay out.

I believe my vet mistreated my horse – can I claim for compensation for its hurt and suffering?

A vet is under a duty of care to treat animals with the level of reasonable care and skill as would be expected from another member of the same profession. Therefore if you feel that your vet has given your horse sub-standard treatment, you may have a grounds for a claim for veterinary negligence.

In order to show veterinary negligence you must be able to prove that your vet breached his duty of care and because of this breach your horse suffered unnecessary pain and suffering. It may also be the case that in addition to the horse’s suffering you have experienced financial loss, which may include the cost of medical treatment, as a direct result of this breach.

Before commencing proceedings against your vet, you should always seek special legal advice to ensure that you have a case that is worth pursuing.

Tim Bishop is senior partner of Salisbury Solicitors, Bonallack and Bishop, specialists in medical negligence and accident compensation claims. Contact them on 01722 422300 or click here to visit their website.

 

The dangers of DePuy ASR all-metal hip implants

The DePuy ASR hip replacement recall scandal has focused around two main risks to the health of the implant recipient. Loosening of the implant itself and the risk of subsequent metal poisoning – a condition often referred to as metallosis.

Hip replacement surgery requires an artificial device to be attached securely to both the pelvis and the femur. In order to do this, surgeons will press fit or cement the joint in place. The metal-on-metal DePuy ASR hip device has a metal cup and ball system. The cup affixes to the pelvic bone and the stability of the hip device is dependant upon the security of this cup.

DePuy ASR metal hip implants-  the 2010 recall

The DePuy ASR was subject to a global recall in 2010 because of high failure rates, often related to the loosening or dislocation of the device from the pelvis. This loosening is usually caused by the hip bone not growing and attaching to the cup.

Failure of the ASR devices is also often attributed to friction between the metal components of the hip device, which in turn releases metal fragments into the tissue around the joint. This can lead to poisoning of the blood, bone loss, swelling and infection. These problems can create weakness around the joint which makes it more likely to fail. With time this can lead to the components of the joint slipping out of alignment.

All artificial hip joints will loosen as the years go by, however the DePuy ASR joints are loosening alarmingly early on. Joint registries reported failure rates as high as 40% after 5 years and many patients require revision surgeries within just two years of implantation.

Many recipients of DePuy’s defective all-metal ASR hip implants have been affected by metallosis which is though to be caused by the metallic ball and cup components of the device striking each other. As this happens, metallic debris flecks off into the bloodstream leading to pain and inflammation.

Metallosis can lead to a range of further problems. The resulting inflammation can cause the hip joint to dislocate which is extremely painful and uncomfortable. With so many health problems now associated with the ASR devices, it is unsurprising that such a high number of compensation claims have been made against DePuy in the months following the 2010 recall of 93,000 of the devices worldwide.

Although some of the complications with ASR hip implants can be treated with a course of anti-inflammatory drugs, others may require ‘revision surgeries’; follow up procedures which replace the malfunctioning hip device. These procedures can result in damage to the nerves and blood vessels, or to infection.

However, some patients with metallosis will not even be able to have revision surgeries. This is because the presence of chromium and cobalt in their blood could make the procedure too dangerous.

DePuy ASR metal hips – the dangers of further surgery

Not only is the cost of full hip replacement surgery very high but like all surgery, it carries many risks including:

• Bleeding

• Complication with anaesthetics

• Pulmonary embolisms

• Slow healing

• Lengthy rehabilitation

If your hip implant fails prematurely leading to health problems, extra surgery or significant financial loss, you may be entitled to claim for medical negligence compensation in respect of their pain and suffering.

Tim Bishop is senior partner of Bonallack and Bishop – Solicitors with a team of medical negligence experts. For more information about how to claim compensation, visit their website at http://www.themedicalnegligencesolicitor.co.uk or phone their medical negligence solicitors directly on 01722 422300.

Horse Riding Accident Compensation Claims

Horse riding has become a growth area in the UK leisure sector over the last few years, with up to four million people annually enjoying the activity and around a million children regularly attending riding schools or stables. With those numbers participating in a hobby that involves extended close contact with a large, heavy, and powerful and to some extent unpredictable animal in a variety of environments from public roads to indoor arenas, there are unfortunately going to be accidents resulting.

Whilst some accidents will be the fault of the rider, other accidents will be the fault, fully or partially of other parties in which case it might be possible to make a horse riding accident claim. Examples of where such accidents occur include

• those that happen on a public road as a result of the actions of another road user

• accidents at competitions due to avoidable hazards in the competition environment or the actions of a spectator

• a rider being miss-matched with a mount they haven’t the experience to ride or control

• avoidable accidents whilst working or volunteering at a stables or riding school

• accidents surrounding inadequately maintained tack or safety equipment

• a failure to adequately control or contain horses resulting in people being bitten or kicked.

The injuries resulting from horse riding accidents can range from minor bruising and abrasions to serious and complex multiple fractures and life threatening spinal or head injuries. If it can be proved that the accident that caused the injury was the result of the negligence or recklessness of a third party, such a motor vehicle driver failing to give a horse sufficient clearance when overtaking or a stables owner failing to ensure that their workers were warned about a horse known to bite or the general risk of being kicked due to approaching a horse from the rear, a solicitor would be able to assess the details of the accident and advise on whether a compensation claim would be viable.

Some experienced personal injury solicitors specialise in cases involving horse riding accident claims. They are aware of how complex and serious some horse riding injuries and circumstances surrounding them are and come equipped to deal with any resultant claims for compensation with substantial background knowledge and experience of the equine business and leisure sectors and the experiences and issues faced by horse riders today.

Whilst an accident victim is struggling to cope with the trauma of the accident and concerns about their injuries and or their horse’s injuries, an experienced compensation claim solicitor will be ensuring that every detail pertinent to victim’s riding accident claim is assembled, assessed to ensure that represents an arguable case, and progressed as rapidly as possible through what can appear to anyone who isn’t a legal professional a sometimes long, complex process. If someone’s negligent or reckless actions have ruined another’s love of their equine hobby, initiating a riding accident claim, can not only be the right thing to do, it can also have a very positive psychological effect on the victim.

Tim Bishop is senior partner of specialist compensation solicitors, Bonallack and Bishop. For help with any medical negligence or personal injury compensation claim, call them on 01722 422300.  Alternatively to ask a question about claiming compensation for free, simply visit their specialist website at http://www.how-to-claim-compensation.co.uk.