Olympics – all you have to do is work hard

I have had a bit of a breather following the Olympics and having put in some hard training myself  think that Rio is out of bounds so back to blogging. The common theme running through the Olympic successes is that you can achieve anything with hard work. This, of course, is not true but was a good sound bite from the winners. It made me think of comparisons with the law. If you have a weak case you can argue as much as you like but you are likely to lose. A good lawyer may give you the satisfaction of having splendid arguments put forward on your behalf but the outcome is likely to be the same. A strong case is always likely to be a winner so the role of the lawyer is to maximise the compensation (if that is what you seek). It is in the 50:50 cases where it becomes interesting and hard work may get the desired result particularly if the other party does not work hard.

Cost of bicycle lights

I have just settled a claim for a client for a 6 figure sum (ie between £100,000 and £1,000,000). My client was a cyclist. The accident occurred at night. Unfortunately he did not have lights on his bike. His compensation was reduced by 25%. An expensive oversight!

Don’t trust an insurer

So the Office of Fair Trading has suggested that the actions of insurance companies is driving up motor premiums and has set up an enquiry into the motor insurance market. Descriptions of “dysfunctional” and “inefficient” have been used to describe the industry. BUT the Government listens to the insurers bleats about how much they have to pay in legal costs to innocent injured victims of accidents. So much so that the Government are going to require such victims to pay some of their legal costs from their compensation. Sounds unbelievable but so did the pastie tax, charitable donations tax, MP’s expenses.

Direct approach from insurer to settle your injury claim. What do you do?

The answer is simple. Seek advice from a  solicitor who specialises in personal injury work. The usual scenario is that the insurer will approach you direct and offer anything between £1,000 and £1,500 to settle your claim without even requiring any proof that you were injured (and they complain about fraud!). The reason is because they do not want you to instruct a solicitor. If you do then the insurers know that not only will they have to pay you the full value of your claim but also the solicitors fees which are likely to be in the region of £1,400 + VAT (in road traffic accident cases) and the costs of a medical report (usually £200+). There is therefore a lot of room for negotiation to your advantage. Therefore get advice as soon as an offer is made to you direct by an insurer. I am happy to provide free advice on all personal injury claims.

Car insurance premiums. Profit or loss.

I was watching the TV at Bournemouth airport when I saw 2 ads for car insurance. Both ads offered big incentives to take out a car insurance policy with the particular insurance company eg 3 months free insurance etc. It struck me as peculiar because car insurers report that they are losing money on car insurance and the Government must do somethig about the compensation culture (helpfully fuelled by the insurers themselves) that causes their losses and high premiums. Why would you want to sell loss making policies and then offer discounts in order to sell more. Answers on a postcard……

Lawyers can seriously damage your health

I was recently consulted by a client who wanted me to pursue a small personal injury claim for him 4 years after his accident. Sorry I say, you should have issued a claim within 3 years. He says, I did. I now become interested. What happened? He didn’t really know and was very confused. It transpired that he had a lawyer hundreds of miles away who he had never met. This lawyer thought that he had a good claim and issued court proceedings. Another lawyer from the same firm then took over the matter and took the view that he did not have a good claim and decided not to continue to act. My client didn’t know what to do and ended up doing nothing. He never met either lawyer. Because he did nothing the court dismissed his claim and ordered him to pay his opponent’s legal costs. It was the order to pay costs that prompted him to seek my advice. I ended up giving him some advice on bankruptcy. The moral of this story is that it is important that you have good communication with your lawyer and ensure that you understand them and that they understand you.

Danger to cyclists

So the Times newspaper and La Gazzetta Dello Sport have suddenly realised that cycling can be dangerous especially when cycling close to a large lorry or other large vehicle. Better late than never. See the attached link from which you will understand that accidents may not be the lorry driver’s fault. Its not just cyclists who should take extra care. 25 years ago I dealt with a horrific accident when a pedestrian was killed when walking infront of a large lorry. Be aware of the risks and be safe.

http://www.youtube.com/watch?v=uPkbNFt5NuY&feature=player_embedded

Peter Kirk
Personal injury lawyer in Bournemouth

Harry Redknapp unscathed

Harry has been acquitted of any wrongdoing in a case involving foreign bank accounts, dogs and an admission that Harry can’t write his own team sheets. This admission alone seems to have propelled him as favourite for the vacant England football manager’s position. In criminal matters the jury has to be sure of guilt “beyond reasonable doubt”. This is different from a personal injury claim where there is no jury and the Judge will decide the case on the “balance of probabilities”. A much less onerous burden of proof.

Peter Kirk
Personal injury lawyer in Bournemouth

Warning to motorcyclists

It is a commonly held belief amongst motorcyclists that if you are on the main road and someone  pulls out from a side road and collides with you then they will be to blame. Sometimes this is the case but beware if you are speeding or overtaking (particularly stationary vehicles). Considerable care needs to be taken. In Ringe v Eden Springs (UK) Ltd a van driver pulled out from a side road when he did not have a clear view of approaching traffic on his right hand side. He hit a motorcylist who had just overtaken a lorry. It was found by the Judge that the motorcyclist had been speeding. The Judge found the motorcyclist 80% to blame so he lost 80% of his compensation. Even if the motorcyclist had not been speeding it is likely that the Judge would have found him to be partly to blame for overtaking before a junction. Motorcycles are great fun BUT take care.

Peter Kirk
Personal injury lawyer in Bournemouth

PIP breast implants

It is not necessary to have an opinion on whether breast augmentation for non-medical reasons is a good or bad thing to reach the conclusion that if clinics are taking thousands of pounds for the surgery then they should take responsibility when things go wrong. The government obviously want the clinics to take responsibility. Some have agreed to do so but some will fight their corner.They may claim that it is a failure of regulation which is not their problem. They will prevaricate and hope that the problem goes away.The patient may be able to rely upon consumer protection law for the sale of goods. It is certainly messy but there may be some winners ie the clinics that did not fit the PIP implants but will now replace them………..for a fee.

Peter Kirk
Personal injury lawyer in Bournemouth