Personal Injury Law Blogs

Thousands of Vehicle Recalls in 2013

Thousands upon thousands of vehicles have been recalled this year and it’s only June. It seems as if every major vehicle manufacturer has had to recall some vehicle for a defect. Most Japanese made vehicles that were recalled were due to faulty parts from a parts manufacturer in Japan. Even the world’s most popular manufacturer, Toyota, was among the ever-long list of recalls.

What’s happening with all the recalls?

First, several vehicle manufacturers acquire their parts from other manufacturers, so if that parts manufacturer creates a faulty product, then several vehicles are going to be defective. This has happened both in Japan and in the U.S. and it leads to massive recalls.

Also, some vehicles are not properly built for the conditions they are driven in. For those in the northern areas of the U.S., salt is used on roadways during winter to keep roads from being so slick. However, corrosion can cause major issues in vehicles, damaging electrical circuitry and causing fires. Cases have already been reported due to such defects in GM vehicles that caused fires.

While we can easily blame a car manufacturer, it’s typically the parts manufacturer that is at fault in these cases because they provide a product that becomes defective in several makes and models. However, vehicle manufacturers deal with the major effects of recalls.

Has anyone been injured?

Surprisingly, only a few people have reported injuries throughout the tremendous number of recalls. However, this does not mean injuries cannot occur at this time. Some recalls are still ongoing and some are being investigated by the National Highway Traffic Safety Administration. Injuries are still prone to occur when defective vehicles are driven without knowledge of risk.

When an injury does occur as a result of such a defect, the vehicle manufacturer is at fault. Vehicle owners can claim compensation for the injuries they have sustained and for damage of their vehicle and personal belongings.

How can you take action if hurt?

Taking legal action against a vehicle manufacturer is possible if you’ve been injured, but you want the help of a personal injury lawyer who specializes in product liability as well. Such a lawyer can help you settle your claim with the manufacturer for the amount of compensation you need.

The most important part of the claiming process is to act fast. Most people wait too long to contact a lawyer, thus forgoing the amount of time they have to settle. If you have been injured and you are not at fault for the injury, then you can claim compensation from the manufacturer at fault.

A personal injury lawyer will guide you through the steps of the claiming process and some will even meet with you at no charge. Find a lawyer in your area who is respected and reputable as you claim compensation for such injuries.

Worker could make personal injury claim after concrete manufacturer’s health and safety failings

A worker at a concrete factory in Ayrshire, Scotland, could claim personal injury against his former employer after he was seriously hurt in a workplace accident.

Mr Christopher Fay worked for Hillhouse Precast Concrete Ltd in Mains Road, Beith, before his accident occurred on 18 January 2010. On the day in question Mr Fay was standing next to a machine when another of Hillhouse’s employees turned it on remotely. Mr Fay was caught unawares by this and his glove was trapped in the machine. This resulted in his right arm being drawn into the machine and being crushed between the rollers of the machine. As a result Mr Fay was off work for a considerable period of time. He has now returned to work but not for the same employer.

The Health and Safety Executive was subsequently notified of the accident and took steps to investigate. This investigation resulted in a recommendation that Hillhouse Precast Concrete be prosecuted for serious health and safety breaches, namely breaches of the Provision and Use of Work Equipment Regulations 1998.

The matter came before the Kilmarnock Sheriff Court on 24 June 2013. The court was told that approximately a month before the accident took place the handle of the machine that injured Mr Fay started to leak hydraulic fluid. As a result the machine was fixed and a new handle was installed. However, no-one noticed that the new handle that was installed was capable of being left on the “on” position whereas the old handle had not. The HSE investigation therefore concluded that the company had failed to recognise that the “hold to run” control switch on the machine was a safety feature of the device and the company had therefore failed in its duty to appropriately maintain the machine or repair the machine with the proper switch.

Hillhouse Precast Concrete Ltd pleaded guilty to a breach of Regulation 5 of the Provision and Use of Work Equipment Regulations 1998. It was therefore fined £10,000 but was not – as is usual – ordered to pay the prosecution’s costs.

The criminal defence solicitors for Hillhouse Precast Concrete Ltd did not comment on the judgment.

Marc Hadrill, a solicitor at Redmans, commented on the case that: “The injury to Mr Fay was a pure mistake on the company’s behalf but even so they still ended up with a heavy fine. It’s imperative that firms – whatever they do – take steps to maintain work equipment properly as a failure to do so can result in serious injuries to workers and sometimes even death”.

A Health and Safety Executive inspector, Mr Mark Carroll, stated that “As a result [of the accident] Mr Fay was badly injured and permanently scarred. Hillhouse Precast Concrete Ltd has introduced measures and bought new equipment to avoid a repeat of the incident, but it could have been prevented by better consideration of how the repair work affected the safe operation of the roller”.

Redmans offer specialist employment law advice from their employment law solicitors in London

The need for occupational health and safety lawyers, such as mesothelioma lawyers, is important, especially for those who are working in the construction business as they’re exposed to chemicals such as asbestos. If you think that you’ve been injured at work then you may wish to submit a grievance against your employer. You can do this by downloading a grievance letter template and submitting this to your employer.

Medical Malpractice Meets Fraud

Medical malpractice has reached another level this week with reports coming from a Chicago hospital regarding a pulmonologist who allegedly performed unnecessary tracheotomies—procedures to open air passages in the windpipe—according to the Chicago Tribune.

The owner, chief financial officer and five physicians of Chicago’s Sacred Heart Hospital are charged with Medicare fraud. The issues is in regards to performing surgeries that were not needed in order justify false billing. Patients were allegedly kept too sedated to breathe and then physicians ordered unneeded tracheotomies so they could acquire as much as $160,000 per case.

An unnamed surgeon at Sacred Heart performed tracheotomies on 28 Medicare patients between 2010 and this past January, according to the affidavit. Five of those patients died within two weeks.

This particular incident raises serious concerns regarding medical malpractice and fraudulent cases. Not only are some physicians disregarding their responsibilities, but they could be doing so for financial benefits as well.

The Need for a Second Opinion

You may have a trusted doctor that you prefer and have gone to for years, but even your most trusted doctor can make a mistake from time to time. Although they probably aren’t involved in fraudulent business, they may misdiagnose you or a loved one, resulting in complications that you did no expect.

Most doctors are intelligent to know that second opinions are not only smart but needed, so your trusted doctor may refer you to a specialist or another doctor for another opinion. Do not disregard a second opinion because it could save you money, a legal battle and even your life.

Don’t Wait Till It’s Too Late

If you believe you’ve been the victim of medical malpractice or someone you know has, do not hesitate to speak with a lawyer concerning the issue. An experienced medical malpractice lawyer will work swiftly to recover any time they have and work hard to keep additional issues from occurring.

In a medical malpractice case, you need a reputable lawyer to help you seek the justice you deserve and the compensation you need to recover. Also, lawyers can help initiate investigations that might need to occur if a physician is irresponsible in their practice.

Again, acting immediately could be the difference in life and death in a medical malpractice case. Medical malpractice lawyers can help you and will represent you in such a devastating situation.

Are Radar Detectors Legal For Your Vehicle ?

Radar detectors provide motorists with an advantage because they make it easy to detect when a police car is using a radar gun nearby. Although a police officer can pull someone over based on a visual estimate of their speed, it is most common for law enforcement officials to rely on radar guns to provide a reliable reading of a driver’s actual speed. Therefore, many police officers will pull over on the side of the road and use their radar gun to catch speeding motorists. With a radar detector in place, you will receive advance warning, and this should give you enough time to slow down.

Are Radar Detectors Legal?

In the past, there were a lot of questions about the legality of radar detectors. Understandably, law enforcement officers around the country are not fond of these devices, and this led to several of them being confiscated. However, there were several lawsuits filed because the Communications Act of 1934 appears to make it legal for drivers to own and use a radar detector. Now it is much more common for police officers to temporarily confiscate the driver’s radar detector long enough to record certain information off it, but they generally return it before the traffic stop is over.

Even though the previously mentioned Communications Act of 1934 has been used to argue that radar detectors are legal, there are still some areas that ban them in all vehicles. Therefore, if you are driving in Washington, D.C., New Jersey, New York, Illinois or on a military base, you many not legally use a radar detector. Additionally, California and Minnesota have a vision obstruction law in place that makes it illegal to affix a radar detector or a GPS to your windshield.

Can a Commercial Driver Use a Radar Detector?

Unfortunately, commercial vehicles are not given the same protection as passenger vehicles, and this means that you cannot legally use a radar detector at any time. If you are caught violating this rule, you will most likely receive a ticket for possessing and operating a radar detector. In other words, even if you are driving in Florida where radar detectors are legal for passenger vehicles, you can still be ticketed because Department of Transportation regulations supersede the state’s radar detector law.

What should I do if a Police Officer Takes my Radar Detector Away?

Although most police officers no longer confiscate radar detectors, this does not mean that it never happens. Therefore, you need to be aware of your legal rights. For example, if you are driving in Orlando and a police officer confiscates your radar detector, you will have the right to file a lawsuit. Because it is legal in Florida for a passenger vehicle to use a radar detector, you are most likely going to win your case, especially if you utilize the services of an experienced Florida traffic lawyer.

Radar detectors are not foolproof, so it is important that you do not let yourself be lulled into a false sense of security. However, as long as you use them in a legal manner, they can help you avoid getting a speeding ticket. This makes them a wise investment for people who spend a lot of time on the road, especially for drivers who know that they have a lead foot.

Anthony Joseph is a writer/blogger who likes to discuss how traffic laws are affecting drivers today. A Florida traffic lawyer from the firm of Katz & Phillips, knows how to provide clients with top of the line legal help in fighting traffic tickets. Their Ticket Team has extensive experience reducing clients charges, as well as dismissing tickets.

Statute of Limitations to File a Medical Malpractice Suit

If you’ve ever dealt with any legal situation, you’ve probably heard the term statute of limitations. This is the statute that defines how long you have to act in a given situation involving the courts. If you’re working with a medical malpractice attorney, they’ll make sure to file your claim before this statute expires. The statute of limitations is a bit more complex than you might think and it involves more than just a given time frame in which you must file.

The Basics

According to the Indiana Department of Insurance, the statute of limitations is as follows.

If you have a general malpractice claim, you have 2 years to file it. This two years starts at the time that the malpractice was allegedly committed. For instance, if you had a nightmare situation like having the wrong leg amputated, the statute of limitations would start ticking from the time that the procedure was performed.

The exception is if there is a minor less than six years old involved. If this is the case, the family has until the child’s 8th birthday to file their complaint. There are some other exceptions that may be invoked, as well, but these will be on a case-by-case basis and you’ll need to talk to a malpractice attorney to get the details on exceptions.

What Does This Mean?

Essentially, the statute of limitations means that you need to talk to an medical malpractice attorney quickly if you want to file a claim against a doctor or other healthcare provider. If you let the statute of limitations expire, there is really nothing more that can be done, unless your situation happens to be one of those rare cases that qualify for an exception to this rule.

Consulting with an attorney will usually be free, so there’s no reason to delay in this regard. There are specific requirements involved for them to file a complaint, so anticipate that they will need some lead time to put everything together in a way that is acceptable to the courts. This is why you want to make sure you give them enough time to handle your claim properly and that starts by getting in touch with them as soon as possible,

There is a medical review process involved, so you’ll have to take this into account, as well. Your attorney will clarify all of this to you.

What If you’re Not Sure?

If you’re not sure whether or not medical malpractice played a part in any injuries you suffered, you should contact an attorney right away. They can at least sit down with you, get you information and make sure that you know whether or not it would make sense for you to go forward with a claim.

The Dangers of Swaddling Your Baby

She Likes the Swaddle

The Dangers of Swaddling Your Baby

Swaddling is an age old practice that involves wrapping an infant in a tight blanket or cloth so all limb movement is tightly restricted. In years past, swaddling bands were also used to further restrict baby’s mobility. Swaddling was practiced for the warmth and security of the infant. It was proven to keep babies from being disturbed by their own startle reflex, and thereby keeping them calm. Also, it kept babies warm until their internal thermostat began to work. However, swaddling began to fall out of favor due to many safety and danger concerns over the years.

Safety Concerns

Due to incorrect wrapping that was too tight, various dangers for babies began surfacing. For example, wrapping a baby’s legs straight down could loosen their joints, while damaging soft cartilage in the hip sockets, which could lead to hip dysplasia.

Also, it was found that swaddled babies experienced interference with their mobility that led to many more developmental problems and pain. In the worse case scenarios, this method has been attributed to the death of many babies.

Infant Deaths

At least eight deaths were known to have occurred at various Minnesota day care centers during one year. All of the deaths occurred in smaller home facilities. Reports indicated that at least three quarters of around 86 deaths during the past 10 years involved sleeping infants. Each facility that was reviewed used swaddling techniques.

Accountability and Lawsuits

Wrongful death lawsuits have been filed by parents in states where providers were considered negligent as a result of swaddling. For example, a case in Minnesota surmised that what led to the death of a sleeping baby was asphyxiation as a result of the baby rolling over while being swaddled too tightly. The infant rolled onto his face and died after he was unable to change his position in order to breathe properly.

In California, a day care center was made to post nearly $700,000 bail on charges that they endangered infants’ lives while under their care. The case drew national attention after it was discovered that tight wrapping of babies inhibited their growth and sometimes resulted in death after rolling over and suffocating. These cases resulted in child abuse felony charges since standards of care were breached, causing a dangerous sleeping environment for the babies. In time, investigations by social service officials began as a result of all of the complaints from parents concerning child safety.  Consequently, this alarming discovery prompted many parents, whose babies may have sustained similar injuries, to contact resources like Devorelawoffice.com and other legal counsel regarding their own litigation.

Swaddling Bans

After the many lawsuits concerning child safety, day care centers around the country began to move away from swaddling on their own. The National Resource Center on Child Health and Safety, along with the American Public Health Association and American Academy of Pediatrics, released a safety guide called Caring for Our Children, which set new standards of care for babies.

According to the new rules, swaddling is no longer considered necessary or recommended by any organization concerned with child care safety. It was also determined that all facilities should begin using stronger safety standards and eliminate all swaddling procedures. Therefore, care givers in some states are regularly urged to refrain from swaddling babies at any time. Also, swaddling is now illegal in child care centers in the entire state of Minnesota. It is expected that as safety cases build against swaddling, more states will issue laws regulating and banning the practice.

Jamica Bell is a freelance writer and concerned parent providing this research for parents and child care givers of infants. Kevin W. Devore is a Minnesota criminal law attorney who is dedicated to defending families whose children have suffered personal injury while under the supervision of a daycare facility, and provides his clients with information regarding a myriad of legal situations.

Photo credit: http://flic.kr/p/61EbUD

Are You Still Using Mirena?

For many busy women, keeping track of birth control is one more thing to program into the “reminder” section of their iPhone and starting a family may be the farthest thing from their minds.  For many young women, a commitment to a career comes first, as well as a trustworthy, hassle-free birth control option.  For those women, Mirena, an intrauterine contraceptive is the seemingly perfect option, as it is 99% effective in pregnancy prevention and can be used up to 5 years.  Many Mirena users choose the long term birth control to feel free from other alternatives such as birth control, pills, cervical caps, NuvaRing, and condoms.  With approximately 2 million users in the U.S., the birth control option must be a great choice for some, but Mirena users should remain aware of the dangerous and potentially deadly side effects.

What does Mirena do? 

Mirena is a t-shaped hormonal intrauterine device (IUD) that is inserted into the uterus and releases a type of progestin, which prevents pregnancy.  Many women opt for a long-term birth control because it makes them feel more in control of their own reproductive health, rather than worrying about the effectiveness of daily birth or “one-time-use” birth control.  According to Planned Parenthood, many women prefer Mirena because it allows spontaneity and the possibility of an improved sex life.  While it’s always wise to have a discussion with a sexual partner, there is less stress and pressure about protection.  Additionally, many women who suffer from severe menstrual cramping find relief with Mirena, as it reduces menstrual cramps and menstruation.  But, Mirena is not necessarily the ideal, “keep life simple” birth control that it claims to be.

In fact, the FDA issued two warning letters, alerting Mirena users that the makers of Mirena (the Bayer Corporation) were down playing the serious risks associated with the IUD.  In its television advertising, Mirena’s target audience is women who are already mothers.  The busy mothers scurry around chasing challenging children and the woman stops to say, “I’m fine with two children, but maybe someday I’ll want more”.  If a mother is busy with her children and life, in general, how will she manage is she suffers from some of Mirena’s serious side effects?

If you still take Mirena, Consider the Side Effects

IUDs require a commitment and a financial investment, which may be too risky for women considering Mirena.  Additionally, women should always consult their physician before having an IUD inserted and discuss side effects and other health risks.  The most common side effects and seemingly harmless effects of Mirena include headaches, acne, breast tenderness, weight gain, and ovarian cysts.

Women should avoid Mirena if they have or have had any experience with:

–          Breast, Uterine or Cervical Cancers

–          Uterine abnormalities

–          Previous issues with an IUD

–          At High Risk of STDs

Women should also take to their doctor about the following medical conditions, as conditions could worsen or in some cases, fatal:

–          High Blood Pressure

–          Heart Conditions or a history of a heart attack

–          Migraines

–          Stroke

–          Blood clots (such as DVT or PE)

Some Mirena users found that their IUD expelled from the uterus.  If a woman becomes pregnant while the IUD is unknowingly dislodged, a careful decision must be made on the continuation of pregnancy as there can be severe risks to the unborn child and the woman.

Even the television ads make Mirena seem like it’s the perfect birth control alternative for the “super mom” or the “career girl”, it’s not for everyone.  Women, when considering Mirena, must think carefully and seriously about the financial investment, the long term commitment and the risks to health.  Mirena does anything but “keep life simple”.

How to Make A Personal Injury Claim

When disaster strikes and you find yourself injured through no fault of you own, the stresses of temporary disability and the inability to work can be overwhelming. Don’t forget that you may have the option of compensation. Making a personal injury claim is straightforward and can see you with financial reward that makes this difficult time a little easier. Here’s how to make a claim:

Step 1 – Find a reliable personal injury solicitor

You’re probably familiar with numerous personal injury television adverts, with thousands of personal injury solicitors to choose from online and off, but choosing the solicitor that’s right for you takes a little more time than simply picking the company on your TV screens. Do your research; read reviews and take time to discuss your requirements with someone over the phone or face-to-face. Getting a feel for a solicitor’s manner and professionalism is essential if you wish the process to be as stress free as possible.

Step 2 – Gather any evidence

With a personal injury solicitor in place, the next step is to gather any evidence surrounding the incident. Your solicitor will help you do this. Evidence that may need to be collected includes witness reports and any paper documentation from medical staff. A medical report will be instructed by your doctor but it is usually required that all your medical treatment has been completed before a letter of claim can be put forward.

Step 3 – Approaching the defendant

Following the collection of evidence, your solicitor will put together a letter of claim that will be sent to your defendant. This will state your case and belief that they are the person or organisation liable for your injury. Following the submission of this letter, there is a pause in proceedings as you wait for the defendant to reply. It may be that the defendant is happy to settle the issues out of court, which means they will pay an amount of damages as agreed between the two of you. It may be the case that the defendant is your employer and could need to take out after-the-event insurance cover.  It can be a slow process at this stage, but there is little that you have to worry about as this goes on.

Step 4 – Court proceedings issued

Next ‘pre-action protocol’ is followed, furthering encouraging interaction between the claimant and defendant; this is carried out to ensure both sides can be properly investigated. The protocol has to follow in order for a court case to succeed, there may be costly fines against your case should this not be followed. During this stage, always be sure to reply to your solicitors enquiries as swiftly as possible. Again, your case may be settled before the court case arises.

Step 5 – Court proceedings begin

When court proceedings have been issues, a court case must begin within 4 months. During the trial, the court will decide if the defendant has been found liable for your injury. If so, it is then that the defendant will be made to pay your damages. If the case rules against your favour, then do compensation will be due. Most personal injury solicitors work on a ‘no win, no fee’ basis – ensuring you are not left out of pocket should this be the result.

If you’re in need of guidance with your personal injury claim or a business looking to take out ATE Insurance then click here to find out more and to speak with one of our experienced team at Guardian Legal.

 

North Carolina: Laws and Dog Owners

Dogs are considered to be man’s best friend. They are loyal companions, helpers to the disabled, and playmates for children. Dogs come in all shapes and sizes, breeds and colors. They also come with all types of temperaments.

A dog may become aggressive due to breeding, treatment, or inherent tendencies. This is a risk that dog owners take when they select a dog, and it is a risk that others must take when they encounter that same dog. When a dog becomes aggressive and bites someone other than its owner, the owner may be liable for the damages caused by that bite. However, under North Carolina law, there are circumstances that must apply to the situation for the owner to be liable.

When an Owner can be Held Liable for a Dog Bite

North Carolina law can be complicated regarding dog bites. Known as “one-bite-free,” if the dog bite was the first offense for a dog, the owner may not be held liable for the actions, regardless of severity. However, there are two exceptions to this regulation. If the dog is over six months old and was left out at night to roam free, the owner can be held liable for a first time bite. Additionally, if the dog is classified as a “potentially dangerous breed” the owner can be liable for the dog’s actions.

Local laws will also play a large part in determining whether or not an owner can be held liable for a first time bite. Different cities have laws determining what a dangerous breed is, and some cities rule that specific breeds of dogs are outlawed. Dogs can also be labeled as “dangerous” without previously biting someone if:

• The dog has terrorized a person off of the owner’s property in the past and the event was documented with the authorities. A bite does not have to be involved in the incident.
• The dog has seriously injured or killed another animal while on the owner’s property.
• The dog has bitten someone and that bite resulted in a serious injury on or off the property of the owner.

When to Call an Attorney

If you have been attacked by a dog, you will need report the attack immediately to the authorities and seek immediate medical attention. Once you have received medical attention, you should contact a local personal injury law firm that represents cases about dog bites. Contact one in the area local to where the attack occurred.

For example, if the attack occurred in Charlotte, a Charlotte personal injury lawyers group, where they know all the local laws of where the attack occurred, will be the most knowledgeable to be able to inform and defend you of your rights for that area. Under North Carolina law, you may be able to make a claim for:

• Medical bills associated with the injury. This may also include plastic surgery to help remove or cover any scarring from the incident. Medical bills can also cover counseling sessions for children who often suffer from reoccurring nightmares and fear of all animals after they have been bitten.
• Lost income for the time you miss receiving treatment for the injury. This may also include any future lost income if you are unable to return to work right away.
• Pain and suffering. This is especially true in severe attacks that take long recuperation periods.
• Loss of consortium. This entails losing the ability to enjoy your spouse or family.
• Property damage for anything that was damaged by the dog.

While there is no way to completely protect yourself from a dangerous dog, you should always remember not to approach a dog you do not know. Even though dogs are the most common type of house pet, they are still animals and should be treated with caution and respect.

Researcher Lisa Coleman writes to share her knowledge of what North Carolina mandates to be law in regards to ownership of a dog. At Auger & Auger Attorneys at Law, a Charlotte personal injury lawyers firm, they understand and are knowledgeable to inform and represent any injured party that has been a victim of a dog bite.

Injured Drivers Left with No Chance in Legal Bout against Insurers

What would happen to an 80 year old pedestrian if they were knocked down in 2013?

A bid to change the Small Claims Court limit has been described as ‘draconian’ by one of Britain’s leading solicitors, who gives a harrowing example of what could have happened to an 80 year old client if the change was already in place.

John Hagan works for DPP Law as an accident claims specialist and is a Senior Litigator for the Association of Personal Injury Solicitors. He is strongly against Government plans to shove the small claims threshold up from £1,000 to £5,000 because it will mean that in many serious accident claim cases, the injured person would not be allowed independent legal representation.

So, unless the accident victim has passed the Bar Exam, they are going to struggle to win their case against shrewd insurers if the plans go ahead. As an advocate of law, it is understandable to see how the idea of a seemingly unfair playing field doesn’t sit well with Hagan.

To contextualise his point, Hagan explains the would-be result of a recent case:

“Mrs N, of 80 years, was crossing over a side road, and was already on the carriageway before a parked motorist started up his engine and quickly reversed backwards without looking, knocking my client over and causing her injury.

“Mrs N suffered multiple muscular and bruising injuries to her hips, right hand and back – it was fortunate that she did not break anything, especially in light of her age.  She normally lives alone in her own home but as a result of the accident had to stay with relatives for eight weeks requiring assistance with shopping, cooking and personal tasks.

“Mrs N was a very active lady who enjoyed walking in the Lake District but was deprived of being able to enjoy this activity for many months owing to her injuries – her confidence in going out anywhere on her own was severely affected.

“Unfortunately, the value of her injury claim was less than £5,000. If such a case had happened after the proposed increase in the Small Claims limit, Mrs N would not have been able to settle her claim (assuming she even pursued it on her own) for much less than it was worth, several thousands of pounds less, in fact.

“I can say this with confidence, because this was not a case in which the insurers admitted liability. At first they denied liability and then proposed to offer Mrs N a settlement on a 50/50 basis (implying that she and the motorist were equally to blame for the accident), only I knew this was not the truth of the matter and after issuing Court proceedings on behalf of Mrs N, was able to secure a 100% settlement for her.

“If Mrs N was unrepresented, would they simply have taken advantage of her age and lack of experience in legal matters and told her she was completely to blame before sending her away with nothing? That is also entirely possible.”

By employing this emphatic example, Hagan endeavours to raise awareness of the failings of the reforms in an attempt to quash the knee-jerk reaction of which, Chris Grayling, Justice Secretary, is steamrolling ahead with.

Indeed the sudden and dramatic 400% increase in the Small Claims limit pays little attention to the recommendations of Sir Rupert Jackson’s comprehensive report on the Civil Justice System in 2009 stating the £1,000 limit should remain. The Government itself appeared to rule out any increase only just last year.

According to figures released by the Association of British Insurers in September, fabricated claims make up a mere 7% of the total meaning the actual cost of fraud in this area is an annual £140 million. This translates as £4 per year to the individual UK driver.

John Hagan therefore begs the question whether the cost of losing a few pounds outweighs the balance of Justice for Mrs N, and all other genuine victims across the country.