Golf and personal injury claims: are you in the firing line?
A wayward golf shot could cost you and your club more than just the hole if a Court decides you are liable for any injury caused.
In one judgement the Court awarded £400,000 in damages against a golfer and golf club after another golfer lost an eye due to a stray ball. The judge found that both owed a duty of care to the victim.
A short guide to personal injury claims
If you are injured and it is someone else’s fault, you may be able to bring a claim against them for personal injury. To be successful you must prove that they were ‘negligent’.
Establishing negligence may be simple in some cases, such as where someone fails to stop for you at a zebra crossing, but other cases need considerable investigation and legal argument.
Asbestos compensation schemes explained
The World Health Organisation has stated that there is no ‘safe’ level for asbestos fibres. Even minimal exposure can lead to Mesothelioma, a cancer of the lining of organs such as the lungs.
The condition can take 40 or 50 years to develop, so organisations you might be able to claim from, such as former employers or their insurers, can sometimes be impossible to track down.
Claiming against a private individual
It is possible to make a personal injury claim against a private individual if for example they assaulted you or you injured yourself on something protruding from their vehicle onto the pavement.
First it is important to establish if they have any assets with which to pay you or alternatively if they have liability cover, say under a household, motor or other insurance policy.
How personal injury compensation claims are calculated
There is quite a science behind calculating personal injury compensation claims.
We base the figures on the pain and financial losses you have suffered and on the impact of the injury, for example on your lifestyle and long-term ability to work or take care of yourself.
Making a personal injury claim: a step by step guide
There are various stages to making a successful personal injury claim and we have written an overview of the legal processes, which you can download here.
In summary, here are the key steps:
Pursuing a personal injury claim for a child
Anybody under the age of 18 needs a ‘litigation friend’ to go to Court on their behalf. This is often their mother or father, although it does not have to be.
To act as a litigation friend you must:
Pursuing a personal injury claim for a relative
If your child or a family member has been seriously injured and is unable to manage their own affairs, the law allows for family members to make a personal injury claim on their behalf.
To do so you may have to apply to the Court of Protection to be made a ‘Deputy’ if you do not hold a Lasting Power of Attorney. This is a complicated business and it is best to use a Solicitor.
Rebuilding your life after a personal injury
A serious injury can bring a whole series of problems with it, financial and otherwise, that simply applying for compensation will not solve.
In the split second an injury takes, life can radically change…
What to do if you think you have a personal injury claim
Personal injury is certainly an area where it pays to take action as quickly as you can following an injury.
Witness’s contact details can change if you leave things, locations may alter and evidence can be lost. Additionally there are time limits for claims and you will need to leave us time to prepare a case.
When breast implants go wrong
The PIP breast implant litigation made national headlines and we were one of the Law firms involved in bringing claims against the practitioners, distributors and credit providers involved.
It was a worrying, difficult and in some cases devastating time for the women we acted for and showed exactly why excellent service should be at the heart of what any law firm does.
You want to make a personal injury claim but the other party has disappeared
If the company you want to sue for personal injury has gone out of business or is bankrupt, there are other routes to compensation.
Companies that have been liquidated may have been removed from the Companies Register altogether, but you can apply to have them reinstated if they were insured. You can then sue the company.
What are your legal rights if you have been treated with faulty drugs?
In early summer 2014 babies at a number of hospitals developed septicaemia or ‘blood poisoning’ and Public Health England found that a contaminated intravenous fluid was the cause.
The manufacturer, ITH Pharma, announced that it had traced the contamination to a ‘sourced’ single raw material, effectively admitting liability (while arguably trying to blame a supplier).