Personal Injury Law Blogs

Accidents at Work in the UK – Concerns over Rise in Workplace Fatalities Numbers

The news that 144 people lost their lives from accidents at work during 2017/18, an increase of nine over the previous year, has led to fresh calls for more to be done to ensure the safety and wellbeing of workers.

Different Industrial Sectors

The provisional figures from the Health and Safety Executive (HSE) show that the fatalities are spread across different industrial sectors, but some sectors continue to be inherently more dangerous than others for workers:

  • There were 38 fatal injuries to construction workers recorded, which is the largest share of any industry. The annual average rate over the last five years in construction is around four times as high as the all industry rate.
  • 29 fatal injuries to agricultural workers were recorded. This sector has the highest rate of fatal injury of all the main industry sectors, around 18 times as high as the all industry rate.
  • 12 fatal injuries to waste and recycling workers were recorded. Despite being a relatively small sector in terms of employment, the annual average fatal injury rate over the last five years is around 16 times as high as the all industry rate.
  • 15 fatal injuries were recorded in both the manufacturing and the transport and storage sectors. Both industries have an annual average rate of fatal injury around 1.5 – 2 times the rate across all industries over the last five years.

“Despite the fact that Britain’s health and safety record is the envy of much of the world, the increase in the number of workers fatally injured is clearly a source of concern,” commented HSE Chair Martin Temple. “Published in the same week as the 30th anniversary of the Piper Alpha disaster, the figures serve as a reminder of why health and safety is so important and that we must not become complacent as we continue on our mission to prevent all forms of injury, death and ill health at work.”

Mesothelioma Levels Remain High

One particular area of concern highlighted by the HSE figures is the number of people who continue to die as a result of exposure to asbestos.

An alarming 2,595 people lost their lives in Britain in 2016 as a result of contracting mesothelioma – a form of cancer that takes many years to develop following the inhalation of asbestos fibres, but is usually rapidly fatal once symptoms begin to manifest. It is one of the few work-related diseases where deaths can be counted directly.

HSE explains that annual deaths caused by mesothelioma have increased steeply over the last 50 years in Britain, mainly as a result of occupational asbestos exposures that occurred because of the widespread industrial use of asbestos during 1950-1980.

The long-term increase in mesothelioma deaths has apparently been driven mainly by deaths among those aged 75 and above, and the vast majority are men. The latest projections suggest there will continue to be around 2,500 deaths per year for the rest of this current decade before annual numbers begin to decline.

Every Death is a Tragedy

Safety organisations have reacted with concern to the latest HSE figures.

“Every workplace death is a tragedy for the person and their families, friends and workmates,” commented Lawrence Waterman, Chairman of the British Safety Council. “The latest rise in deaths at work reported by the HSE undermines the complacent belief that ‘we have the best safety record in the world’ and raises questions about the hollowing out of the HSE’s and local authorities’ ability to inspect workplaces.”

“The headline accident figures shouldn’t blind us to the terrible and continuing toll that poor health is wreaking, not just physical health, with deaths from asbestos alone dwarfing the accident numbers,” he added.

The Cost of not Making a Personal Injury Claim

Loss to the individual

If someone came and took £1,178.45 out of your bank account, you would do something about it. Yet following an accident that was the fault of someone else many people choose not to do anything about it.

As shown above, the cost of apathy is huge with the average level of loss to the injured individual being £1,178.45. The living example of adding ‘insult to injury’.

According to a personal injury attorney those losses may not always seem immediately apparent as they occur gradually. Following an injury you may be off work and initially receiving contractual or at least statutory sick pay which is lower than what you would normally earn. What if you have to be off for longer? What happens when even these means of income dry up?

On top of earning less income, add to that the cost of treatment that you might seek to speed up your recovery and you’re looking at an even bigger loss. Regular physiotherapy, osteopath, gym, swimming sessions can soon mount up in cost. Don’t forget to factor in the travel you have to expend in getting to and from those appointments, however, if you do need treatment, then don’t hesitate to set an appointment for physical therapy. 

All of this is money that is recoverable through a successful personal injury claim. Many people are reluctant to make a personal injury claim because of some perceived ‘compensation culture’ but all in all, you do not profit from the claim, you are simply recovering the money that you have lost.

Still not persuaded? Well there is more; not only does a successful personal injury claim recover your losses, but you are also serving to recover sums that your injury has cost your employer, the NHS and the state. Talk to a personal injury attorney for more guidance.

Loss to Business

If you are injured and absent from work, often your employer will still be paying you whilst you are absent. Yet your employer is still having to operate in your absence and may have to employ temporary staff or redeploy others to cover the work that you would usually be there to do.

A successful claim can recover those losses for your employer in addition to the sums claimed for you. Search online for injury attorney near me and get the best advice.

Loss to the State

If you are not paid by your employer during your absence, or that contractual pay comes to an end, the likelihood is that you will receive statutory sick pay. Whenever a claim for compensation is pursued, you are required to inform the party against whom you are making a claim of your national insurance number. From this the Department for Work and Pensions is notified of the claim you are making and it keeps track of the amount of state benefits that you receive during your absence.

Once again, if your claim is successful then all of the state benefits that you have received due to your being injured is repaid to the state in addition to the sums claimed for you. Take a look at https://www.hilbrich.com/crown-point-personal-injury/ articles where you can get informed on what to do on these cases.

Loss to the NHS

Finally, the NHS is a Great British institution but one that is under great financial strain. The approximate cost of walking into Accident and Emergency and being seen by a triage nurse is £105. The cost increases significantly if you require further medical treatment, scans, consultations, therapies and medication to help you back to health.

Again, these NHS charges caused by your injury are recorded, and if a claim succeeds, they are repaid to the NHS in addition to the monies claimed by you.

Conclusion

Accordingly, seeking a personal injury attorney following an accident at work, in a public place or building, or a road traffic accident is the right thing to do to put right all of the losses caused, due to the fault of another.

To not pursue a claim, results in loss to the state and to you, and a windfall to the insurance industry that has already collected premiums to cover the risk of these accidents occurring.

About Jackson Lees

Jackson Lees are an award winning law firm in Liverpool, Manchester and Wirral.

Jackson Lees has over 50 year’s experience in Personal Injury claims. We will help you get back on your feet and ensure that you are compensated for your pain and suffering, medical bills and unplanned expenses.

Our head office is based at Walker House in Liverpool. The Jackson Lees’ Solicitors Liverpool can help you explore your options. We offer a no win, no fee service and same day response.

We believe that the relationship between our solicitors and our clients is what makes the positive difference.

Setting the Personal Injury Discount Rate – New Legislation in Scotland Proposed

The setting of the personal injury discount rate has historically been a contentious issue for both the insurance and personal injury sectors because of the impact it can have the size of awards received by claimants. The subject has come to the fore again recently with the news that the Scottish Government intends to introduce legislation to govern how the rate will be set in Scotland.

The Discount Rate

The discount rate is the percentage used to adjust accident claims compensation awards for victims of serious personal injury, according to the amount they could expect to earn by investing it. Its application is an important part of the calculation of awards and it only relates to compensation for future loss.

When a claimant is awarded damages following a personal injury the adjusted awards should put claimants in the same financial position they would have been in had they not been injured – they should receive neither more nor less than full compensation.

New Personal Injury Legislation

The Scottish Government has introduced its Damages (Investment Returns and Periodical Payments) (Scotland) Bill to the Scottish Parliament, which it says will address concerns that the current process for setting the personal injury discount rate lacks transparency and has not been reviewed frequently enough. The discount rate was last reviewed in February 2017 and resulted in a substantial shift to the rate, which was reduced from 2.5% to minus 0.75%. This increased the size of awards received by claimants.

If the Bill is approved by Parliament and passes into law, it will:

  • Put in place a new methodology for calculating the discount rate which should be applied to such losses
  • Require the discount rate to be reviewed by the Government Actuary every three years
  • Give courts in Scotland the powers to impose periodical payment orders for future financial loss

A periodical payment order is an alternate way of paying damages which spreads the payments over the period which they are intended to cover – usually via an annual payment. Currently in Scotland, where damages for personal injury are payable, the courts may make a periodical payments order but only if both parties agree to this. In England and Wales the courts have the power to impose such an order.

“This legislation is part of our wider programme of civil law reform which aims to ensure the system keeps pace with modern Scotland and the needs of its people,” explained Minister for Legal Affairs Annabelle Ewing. “While the number of people affected by the discount rate is relatively small, we know that those cases tend to involve catastrophic injury with little prospect of the individual’s full recovery. That is why it is so important the law determining how the discount rate is set is clear, fair, transparent and credible.”

The UK Government also intends to legislate on the setting of the personal injury discount rate in England and Wales, and provisions to this effect are contained within its controversial Civil Liability Bill, which is currently making its way through Parliament

These provisions will:

  • set the rate with reference to ‘low risk’ rather than ‘very low risk’ investments as at present, better reflecting evidence of the actual investment habits of claimants;
  • establish a regular review of the rate, the first within 90 days of the legislation coming into force and at least every three years thereafter;
  • establish an independent expert panel Chaired by the Government Actuary to advise the Lord Chancellor on the setting of the rate.

Know Your Rights: 8 Facts About Injury Cases and Your Rights

New contribution about your rights with accident claims cases from an injury lawyer in the US. 

If you’ve been injured as a result of someone else’s negligence, you should stand up for yourself and take the offending party to court. After all, you deserve a compensation not only for your injuries, but for your pain and suffering as well – in fact, you can even have some of your other costs reimbursed such as medical bills, travel expenses, etc.

Since it’s hard to know everything about injury cases yourself (especially if you aren’t a lawyer), we’ve put together a list of 8 facts you need to keep in mind when dealing with one.

  1. It’s possible to settle outside of court

The recent statistics suggest that most injury cases are settled out of court. That way, both parties involved can save a lot of money and time. However, in some cases, settling out of court may not be in your best interest, because usually, you’re going to end up receiving less money by taking this route. It’s hard to make the judgment call and decide what is better on your own, so working with a qualified attorney will enable you to take advantage of their expertise to determine the most feasible option.

  1. An injury has more sides to it than merely the physical elements

Did you know that one can develop mental illnesses as a direct result of physical trauma? Mood disorders like depression and insomnia are likely to follow, and these are all serious medical conditions that should be treated as such. If you manage to prove this in court, you deserve some form of compensation for it as well. Of course, you’re going to require a professional opinion like the one only a psychiatrist can give in order to prove this in a court of law.

  1. A settlement is final

Once you decide to settle outside of court, the settlement is final. This means you won’t be able to seek additional legal action against the offending party. This may be common knowledge, but it’s important to emphasize it, since this should be an important part of your decision-making process and determining whether settling out of court is within your best interest or not.

  1. There are deadlines to follow

Understandably, after sustaining a tough injury, taking care of your body is the first thing that’s on your mind, and rightfully so. But if you don’t file a claim soon enough, you may not get an opportunity to seek justice ever again. These deadlines can vary based on where you’re located, so it’s best to seek a qualified guidance. Additional information about what you need to do is available at BellLaw.com, but as always, feel free to do your own research.

  1. Most personal injury lawyers work on contingency basis

That’s great news! It means you won’t have to pay your lawyer on an hourly basis, which means no upfront costs. After the case is won, your lawyer will receive a fixed percentage of the winnings, and you can agree about the details upfront. Another benefit of this is the fact that many people can’t afford to be paying a personal injury lawyer, but in this case, they won’t have to unless the victory is secured, which means there’s little to no risk involved.

  1. You don’t have to cover every single injury-related expense yourself

All the trips to the hospital and rehabilitation facilities are unavoidably going to be costing you some money. However, by gathering all the necessary evidence in the form of transportation tickets and invoices, you can have some of these costs reimbursed. In some cases, your attorney can make an agreement with your doctor that any medical expenses are to be covered once the court has awarded you a compensation or after you’ve managed to settle out of court.

  1. Is your personal injury settlement subject to taxes?

While this does depend on each specific case, the general answer is no, it is not. This means you won’t need to worry about having to pay local, state, or federal taxes. Since it’s possible to receive a compensation for lost wages, pain and suffering, medical bills, anxiety and suffering, etc., you might be wondering whether these forms of conversation are taxable as well. Again, the answer is no.

However, there is one very specific example; if you’ve received a compensation for a breach of contract, you’re going to need to apply taxes. There’s another case where your compensation is subject to tax – punitive damages which could follow as a result of suing for personal damages. Finally, you need to keep in mind that lost wages received in an employment-related scenario are taxable as well.

  1. Know when to agree on a structured settlement

When settling out of court, most of the time, you’ll be receiving a lump sum payment, which is a one-time deal. However, in certain cases, it’s more beneficial to agree on a structured settlement. Simply put, a structured settlement equates to receiving multiple payments spread out over time (in most cases, on a monthly basis).

You could even agree to have an amount settled right there and then, and the rest of the payment can come in form of smaller payments issued to you over time. This could be a couple of years or even your entire life. In case the injured party dies before receiving the total amount owed, the remainder is paid to the estate.

The reason why you should aim for a structured settlement is that you can get more money this way. Moreover, this money is tax-free. More often than not, insurance companies are very much in favor of seeing a structured settlement agreement, because it ends up costing them much less. But again, you should be working with a lawyer who will help you decide on the most suitable course of action and advise you on the best type of settlement to shoot for.

Conclusion

Did you learn anything new from these 8 facts about injury cases? This can be a tricky subject, so make sure to keep on absorbing all the knowledge you can come across. When in doubt, never proceed without consulting your personal injury attorney first.

Knowing Your Rights:  5 Facts You May Not Know About Car Accident Cases and Compensation Rights

Contribution regarding car accident compensation from a personal injury lawyer in the US. 

Human error causes over 90 percent of the car crashes in West Virginia. Typically, these crashes are not “accidents.” Rather, they involve negligence, which is a lack of ordinary care. If that is the case, substantial compensation may be available with the help of a professional auto accident lawyer.

However, the insurance company earns money by collecting premiums, not by paying damages. Therefore, a auto accident attorney can use any means necessary to reduce or deny compensation to the victims. So, to ensure fair compensation for your injuries, you need aggressive legal help for your auto crash. Only an experienced attorney knows how to navigate issues like the ones discussed below, regardless of the type of car accident you need a car accident attorney (for various types see this list from Rosengard Law Group).

The EDR

According to a car accident lawyer many people do not know that their car probably has an Event Data Recorder. The government requires these devices to be in all new cars. This device records important information like:

  • Engine acceleration or deceleration,
  • Vehicle speed, and
  • Steering angle.

According to your auto accident attorneys hard evidence from an EDR is one of the easiest ways to establish a lack of ordinary care. However, this information is not easy to access. First, due to privacy laws, an attorney may need a court order to inspect it. But before that can happen, an attorney usually sends a spoliation letter to the defendant. That way, the insurance company does not destroy the EDR when it destroys the totaled vehicle. If you unfortunately get into a car accident, then make sure you get the proper legal help for the claims you deserve so you can get that highly needed car repair.

Medical Bills

Most health insurance companies do not pay injury-related medical bills for liability reasons. As a result, many victims are faced with tens of thousands of dollars in emergency care bills alone.

A personal injury attorney helps here. With a letter of protection, a lawyer can arrange for a victim to receive medical care at no upfront cost. This letter guarantees payment to the provider when the case is resolved. So, victims get the care they need to get better, instead of the care they are able to afford at the time.

The Burden of Proof

Some people think that a negligence case is rather like a divorce case, and the victim really needs to prove nothing. Others believe that a negligence case is like a murder case, and the victim must prove fault beyond a reasonable doubt.

But neither extreme is true. The victim must establish negligence, but only by a preponderance of the evidence. That is a legal term which means “more likely than not.” So, if there is just a little more evidence favoring the plaintiff, the plaintiff normally wins the case.

Comparative Fault

Similarly, many people believe that if they were partially at fault for the crash that they cannot collect damages. For example, perhaps the victim was speeding and the tortfeasor (negligent driver) was intoxicated.

In 2015, West Virginia changed its contributory negligence law. Now, victims are eligible for a proportional share of damages as long as the tortfeasors were at least 51 percent responsible for the crashes.

A Trial

Contrary to popular belief, only a few cases go to trial. Most settle out-of-court during mediation or during informal settlement talks between the parties. Such settlements save time and eliminate the risk of a trial. So, assuming that your car accident lawyer can get favorable terms, a settlement is usually in the victim’s best interests.

If you were hurt in a crash, get a good lawyer today.

European Commission Proposes Legal Action to Reduce Road Traffic Accident Fatalities

A key priority of the European Commission’s recently announced Third Mobility Package is to bring about a significant reduction in the number of people killed or seriously injured through road traffic accidents across Europe.

In support of this aim, the Package includes a proposal that within three years all new vehicles brought to the market must have 11 advanced safety features fitted as standard, such as advanced emergency braking, lane-keeping system, over-ridable intelligent speed assistance or driver’s distraction recognition.

Road Casualty Figures

Figures from the Commission show that as many as 25,300 people were killed on EU roads in 2017 and another 135,000 were seriously injured. It claims that its proposals, which also include support for Member States to identify dangerous road sections and to target investment more effectively, could save up to 10,500 lives and avoid close to 60,000 serious injuries over 2020-2030. This would bring the EU closer to achieving its long-term goal of moving close to zero fatalities and serious injuries by 2050.

In addition to its proposals on mandatory safety features for vehicles, the Mobility Package also includes a strategy on automated and connected mobility systems, which covers the development of fully autonomous vehicles. The Commission believes that higher levels of automation in vehicles could help to compensate for driver error and therefore improve safety for all road users. It acknowledges however that autonomous vehicles also bring their own set of safety concerns that will need to be addressed.

Criticism over Lack of Progress

The Commission’s proposals have been warmly received by safety organisations across Europe, many of which have been critical of the lack of recent progress in reducing road casualties. The 23,500 fatalities that occurred in 2017 amounted to a 20% reduction compared to 2010’s figures, however in recent years reductions have stalled, with no significant improvement in fatality numbers since 2013.

“Taken together, today’s announcements could represent the biggest step forward in road safety in Europe since the introduction of the seat belt,” commented Antonio Avenoso, Executive Director of the European Transport Safety Council. “Road traffic injury is still the number one killer of young people across the continent so these essential measures cannot come soon enough.”

“Today’s announcements alone will not make the difference; it is absolutely crucial that EU Member States and the European Parliament give their backing to the plans and that they do not give in to pressure from car manufacturers, who are already attempting to weaken parts of the vehicle safety proposal.”

Vehicle Safety Features Must be Mandatory

Road safety organisation Brake is another body that has welcomed the proposals, and in particular the idea that the inclusion of safety technology should be mandatory for vehicle manufacturers, rather than leaving it for drivers to select and pay for these features.

It recently conducted a survey of drivers in the UK, which found that nine out of ten drivers were in agreement with the principle that all new cars should be fitted with the latest lifesaving safety features as standard. However, the majority also said that if they were buying a new car, they would not spend more to ensure it had AEB or ISA technology.

“These technologies are proven to save lives, so this announcement should be warmly welcomed by all who are truly committed to improving road safety,” said Joshua Harris, director of campaigns at road safety charity Brake. “Drivers want their vehicles to be safe, but the reality is they rarely opt to spend more on safety features as optional extras. This decision puts the onus for safety back on the car manufacturers and in one swoop, will dramatically improve the safety of our roads forever.”

What is wealth management and can it benefit me..

Wealth management is a form of investment advisory which aims to combine services such as financial planning, investment portfolio management and additional financial services to develop a clear plan allowing individuals to manage their money more effectively. Wealth management consultants can also become independent certified financial planners, chartered wealth managers or any form of credential professional money manager who aim to increase the wealth of longterm investors.

When is a professional wealth management required?

Many small business owners often seek the assistance of wealth management consultants to coordinate their retails banking, estate planning, legal resources, taxation and investment management. By enlisting the services of a estate planning attorney, strategic, personal finance director people can make their money work harder for them allowing them to enjoy their time more. Many people who have considerable wealth have limited time and a personal financial planning service can help them translate their material worth into a more enjoyable life.

How it is achieved?

. By preparing regularly updated financial data such as balance sheets, profit and loss and cash flow.

. Creating cash flow projections and a reassessment overtime

. Assessing the viability of current, ongoing projects and the potential return on investment in new ventures.

. Helping to manage balance sheet assets

. Analysing income to determine cash flow and assessing how best to utilise additional incomes.

. Analysing current outgoing costs with a view to minimising wastage and reducing inefficiency

. Identifying potential risk and creating a means of effectively managing risks.

. Managing tax and identifying the most effective of ways of reducing taxation.

. Constructing a team of specialist advisers who cover a number of different fields from tax to legal.

. Regular meetings with board members to ensure clear lines of communication, cohesion and to provide direction.

. Regularly monitor performance and provide detailed reports and benchmarking against the initial plan

. Take every action to ensure that financial and legal responsibilities are continually met

. Assist with the management of financial administration.

Professional wealth management and setting up a Junior ISA from The Children’s ISA is one of the most effective ways in which to secure your children’s financial future. By securing a financial future for yourself and your family you’re free to do the things in life you enjoy and the things we should all live for. Too many people in high income positions lose track of the bigger picture and neglect to consider the true value of life that can be realised through using a personal finance director.

Learn more about regulatory compliance services or credit risk analysis

A Game-Changer For Personal Injury Lawsuits: Recent Changes To New York Summary Judgment Rules Benefit Accident Victims

In April of 2018, the New York Court of Appeals – the highest court in the State of New York – decided the case of Rodriguez v. City of New York, 2018 NY Slip Op. 02287 (N.Y., April 3, 2018) which fundamentally changed the way in which New York personal injury cases are litigated and tried.  The Rodriguez decision can be summarized as follows:  Plaintiffs in New York personal injury lawsuits no longer have to prove that they were not “comparatively negligent” in connection with an accident for a court to award “summary judgment” in their favor on the issue of a defendant’s liability for an accident.  While this may sound like a mere technical point that is only of interest to New York personal injury lawyers, this decision will palpably impact the way in which personal injury victims’ cases play out in court; and, ultimately, will provide a strong strategic advantage to personal injury accident victims who bring cases in New York.

WHAT IS “SUMMARY JUDGMENT” AND WHY IS IT IMPORTANT? 

“Summary Judgment”, in layman’s terms, refers to a procedure by which a court evaluating a personal injury case determines certain issues in the case, or the entire case, “as a matter of law” in favor of one party or another.  Summary judgment is determined by motion to the court overseeing the personal injury case, which means that the lawyers submit papers to the court and ask it to decide a particular issue, or the entire case, without submitting the case to a jury at trial.  Essentially, when personal injury lawyers make motions for summary judgment, they argue to the court that there are no disputable questions as to the facts surrounding a particular issue (which would require determination by a jury), and that the court itself can decide the issue without submitting the case to a jury.

Summary judgment is a critical tool in the personal injury lawyers’ toolkit to narrow the issues that will be presented at trial, or to prevent the entire personal injury case from ever being decided by a jury at all by obtaining a complete dismissal of the personal injury case.  Generally, the conventional wisdom among New York personal injury lawyers is that the fewer questions that a jury has to answer at trial, the better.  Summary judgment motions in personal injury cases accomplish this by allowing a court to answer key questions in the case that would otherwise be submitted to a jury at trial; these questions are decided before the trial ever begins when summary judgment motions are granted.

At trial, after the close of evidence, a “verdict sheet” is submitted to the jury, and lists a series of questions that the jury must answer.  The answers that the jury provides to each of these questions decide the personal injury case.  Take, as an example, a personal injury case wherein a pedestrian was struck by a truck and seriously injured while walking in a crosswalk in New York City, and the injured pedestrian sues the truck driver for negligence.  Generally, at the trial of such a case, the jury would be asked the following five questions:  (i) Was the defendant truck driver negligent? (ii) Was the negligence of the defendant truck driver a substantial factor in causing the accident?  (iii) Was the injured pedestrian negligent?  (iv) Was the injured pedestrian’s negligence a substantial factor in causing the accident? (v) What are the injured pedestrian’s damages due to the accident?

If, for example, the injured pedestrian’s personal injury lawyer were to move for summary judgment, the lawyer could ask the court to decide the first four questions without submitting them to a jury.  If the motion for summary judgment were successful, at trial, the jury would be instructed that the defendant is responsible for the accident, and the jury would only have to determine the amount of the plaintiff’s damages (i.e., how much money to award the injured accident victim) at trial.  It should be noted that, in personal injury cases in New York, the question of damages is almost never decided without submission to a jury at trial; questions of responsibility (liability) are usually the subject of these motions.

WHAT WAS THE LAW REGARDING “SUMMARY JUDGMENT” IN NEW YORK PERSONAL INJURY CASES BEFORE THE RODRIGUEZ CASE WAS DECIDED?

Before the Rodriguez case was decided in April of 2018, personal injury accident victims would, in order to be granted summary judgment in their favor, have to definitively both that (i) the defendant was negligent and proximately caused the accident, and also that (ii) the plaintiff was free of comparative negligence in connection with the causing of the accident.  Put another way, in the pre-Rodriguez world, personal injury accident victims bore the burden of establishing the negligence of the defendant, as well as establishing their own freedom from comparatively fault, in order to obtain summary judgment in their favor.  In terms of the aforementioned five questions that are submitted to a jury in a personal injury trial, before the Rodriguez decision, the plaintiff had to be able to definitively answer questions (i) and (ii) in the positive, and questions (iii) and (iv) in the negative, to obtain summary judgment and thus be entitled to proceed to a jury trial on the question of damages only (i.e., to have the jury decide only question (v) regarding damages, and to have the judge decide the other four questions without the involvement of a jury).

To understand how the pre-Rodriguez rule worked, take our earlier example of the pedestrian accident with a truck in New York City.  Imagine that the pedestrian had begun to cross the street in the crosswalk after the “Walk/Don’t Walk” signal had changed from the white “Walk” signal to the blinking red “Don’t Walk” signal before the pedestrian had completed crossing the street and before the pedestrian was struck by the truck.  Imagine further that the pedestrian testified that she had not looked in all directions before beginning to cross the street, and that the truck driver testified that he did strike the pedestrian in the crosswalk while making a right turn across the crosswalk.  In this example, though the pedestrian would certainly be able to show that the truck driver was negligent, her failure to look in all directions as well as her having been in the crosswalk when the “Walk” signal was not clearly in her favor might be construed as comparative negligence.  Thus, under the pre-Rodriguez rules of personal injury lawsuits, the injured pedestrian might not have been able to obtain summary judgment, as, though she could easily show the truck driver to have been negligent, she might be unable to definitively prove that she was not negligent.

HOW DOES THE RODRIGUEZ DECISION BENEFIT PERSONAL INJURY ACCIDENT VICTIMS IN NEW YORK? 

The Rodriguez decision benefits personal injury accident victims in that they now can obtain summary judgment on the issue of a negligent defendant’s liability for an accident, even if they are themselves comparatively negligent.  In terms of the five questions discussed above, this means that an injured personal injury accident victim can now ask a court to decide questions (i) and (ii), thus leaving only questions (iii) through (v) for decision by a jury at trial.  This benefits personal injury accident victims by simplifying the questions to be answered by the jury at the personal injury trial, thus reducing the chances of a verdict in favor of a defendant and against a personal injury accident victim.  Also, because the court will instruct the jury at trial that the defendant has already been deemed to be legally responsible for an accident, the personal injury victim will get the benefit of the psychological effect that this type of jury instruction will have on a jury (i.e., the jury will be, in many cases, subtly persuaded to favor the injured victim, as the court will instruct jurors that the defendant has already been found to be responsible for an accident, and this can encourage a jury to be more willing to ignore comparative negligence or award greater damages in some cases).

In summary, the Rodriguez decision, though somewhat technical in nature, does have real consequences for accident victims who bring personal injury cases in New York.  While the ruling is still very new, it seems that, on the whole, it will benefit injured accident victims at trial, and will also be a useful tool in convincing defendants and their insurance carriers to settle personal injury lawsuits without the need for a trial, which is beneficial to all involved.

Personal Injury Legal Update in E&W – Civil Liability Bill Continues its Progress Through Parliament

The Government looks set to forge ahead with its controversial Civil Liability Bill, with the legislation recently having its second reading in the House of Lords. The Committee stage, which is the first real chance to amend the Bill, is scheduled to begin on 10th May.

Purpose of the Bill

The Bill, which will apply mainly to England and Wales, has two key purposes:

  • to reform the claims process for whiplash claims with injuries lasting up to two years as a result of road traffic accidents, and
  • to make changes to the way the personal injury discount rate, applied to lump sums awarded for future loss of income, is set.

It was unveiled by the Government in March this year with the justification that the legislation is needed to reduce the high number of whiplash claims and allow insurers to cut premiums. It highlighted that road traffic accident related personal injury claims are 50% higher than a decade ago, despite a fall in the number of reported accidents and the UK having some of the safest roads in Europe. According to the Government, this can be attributed in part to “predatory” sections of the claims industry that encourage minor, exaggerated and fraudulent claims, including many suing for emotional distress.

It says that the proposed changes will allow compensation to be awarded in a more balanced way, so that victims of catastrophic accidents, including the most vulnerable, can be fully compensated while also ensuring that issues around overpayment can be addressed.

Law Society Raises Access to Justice Concerns

However, the measures contained within the Bill have attracted significant criticism.

The Law Society of England and Wales has warned that the legislation risks creating a “paradox”, where someone hurt in a road traffic accident will be entitled to less compensation than if they had sustained the injury another way.

It has also expressed concern over the difficulties road traffic accident victims will face in trying to access justice.

“We are concerned about the lack of clarity because fixed levels of compensation are set to be imposed for whiplash injuries,” explained Law Society president Joe Egan. “The Law Society is therefore calling for the definition of whiplash to be set by medical experts.”

“When combined with Ministry of Justice plans to increase the small claims limit, the amount of legal advice and guidance that can be obtained from a solicitor in these cases will be severely restricted,” he said. “Our concerns about the legislation were echoed by peers, who stated that the increase in the small claims limit will ‘deny very large numbers of genuine claimants legal advice and representation’.”

“This legislation has a long way to go and we will continue to oppose these reforms,” he added.

Principles of the Bill Discredited

The Association of Personal Injury Lawyers (APIL) has also criticised the Bill. It points out that the number of personal injury motor insurance claims has actually fallen to the lowest level in almost a decade and claimsvery clearly that the cost to insurance companies of motor injury claims has been falling for a long time, by 21% since 2013 to be precise.”

“This Bill will not achieve its aims to lower premium costs for motorists,” he added. “The insurance industry will get away with using injured people as scapegoats. Any concept of fairness or compassion or help for genuinely injured people will be sacrificed for the empty promise of cheaper car insurance.”

What is the time limit for bringing a personal injury claim in England?

If you have suffered an accident or injury and another party was at fault, you are entitled to make a personal injury claim. However, it is important to note that the law imposes strict time limits on bringing a personal injury claim, whether you’re bringing a general accident claim or a more specific type of action, such as a road traffic accident claim. Precisely how much time you have to bring your claim will depend on your general circumstances and so it is always prudent to contact an expert personal injury solicitor as soon as possible. However, this post looks at some of the main time restrictions and considerations when making a personal injury claim in England.

General Time Limit

Normally, you will have three years from the date of your injury to bring a claim. This sounds straightforward, but in practicality there are many things which can affect this general time limit. For example, if you are involved in an accident and you do not discover your injury until a later date, this may affect when your time limit will run from.

Under 18s

One of the exceptions to the three-year time limit is for those aged under 18. If you were injured before you were 18 years old, the time limit for bringing a personal injury claim does not begin until your 18th birthday, as a result, you must commence your case before your 21st birthday to prevent your claim from being time-barred.

Disease Claims

If you have contracted a disease as a result of someone else’s negligence, for example an asbestos related disease, the time limit begins from when you knew or ought to have known that you have contracted a disease. Typically, this will be from the date when you first started showing symptoms, or where a medical professional diagnosed you with the disease before you noticed any symptoms of illness. This will be determined by the court on a case-by-case basis, and so it is crucial to bring your claim as soon as possible.

Failure to diagnose / delay in diagnosis

Where a medical professional has failed to diagnose your injury or illness, and this results in further injury, the time limit will generally run from when you discovered that the medical professional had failed in their obligations to you. Again, this will be assessed on a case by case basis.

Worsening of an injury or condition

Where an injury or condition substantially worsens at a later date, the time limit will normally run from the date you discover the severity of your injury. Say for example, you are involved in a car accident and believe you have escaped with minor cuts and bruises. If this injury later develops into a more serious internal injury, even months down the line, the time limit will generally run from when you discovered that you have a more serious injury than you believed. If your injury ends up going to an extreme, please be sure to contact a Personal Injury Attorney right away.

It is always best to consult a personal injury lawyer as soon as possible, and not to rely on the time limit for your specific circumstances beginning at a later date.

And if you’ve had an accident or injury in America as a result of someone’s negligence, see our best personal injury attorneys page here.