Guide to Personal Injury Claims

Size: px
Start display at page:

Download "Guide to Personal Injury Claims"

Transcription

1 PART 1 - INTRODUCTION Our initial meeting At our first meeting, we will discuss the circumstances of your case and the prospects of obtaining compensation (damages) for your injury. We will explain to you the process by which liability is established and the process by which damages are assessed and quantified. We will discuss any investigative steps which may need to be undertaken in order to prove liability or to quantify the value of your damages. We shall confirm your instructions with a view to commencing the claim by intimation to the opponent or the opponent s insurers. We shall discuss with you how the legal procedures are to be funded. Where applicable, we shall discuss no win no fee arrangements. If you are eligible for legal aid we will assist in applying for that help. If you wish to check if you are eligible for legal aid please go to the Scottish Legal Aid Board site ( Pre-litigation and Out of Court settlements Wherever possible, our aim in the first instance is to settle your claim swiftly and by way of correspondence with the opponent or the opponent s insurers. Court action In some cases, however, it may become necessary to take the claim to court. Court action may become necessary where liability is disputed or where the value of the claim is disputed. Alternatively court action may be necessary in order to avoid your claim becoming time barred (see the section below entitled time limits ). Whenever it becomes in your interests to take the matter to court, we will represent you throughout the court process. The action may be raised in the Sheriff Court or

2 in the Court of Session. The choice of court will be discussed with you and is usually determined by the value of the claim. We fully understand that the prospect of raising a court action can seem daunting. Should court action become necessary we shall fully explain the procedures and the cost implications. PART 2 - PERSONAL INJURY LAW Accidents at work There is a wealth of government legislation intended to protect you in the workplace. Such legislation and regulations include:- The Workplace (Health, Safety and Welfare) Regulations these regulate many aspects of the workplace including the condition of floors, steps, stairs, passages and gangways. There is also regulation of lighting, ventilation and cleanliness. Importantly for office workers, these regulations impose an obligation upon employers to ensure that an employee s seating and workstation is suitable for its purpose. Has your employer breached these regulations causing you injury? Telephone or us now for further advice. The Provision and Use of Work Equipment Regulations 1998 these regulate the suitability of work equipment. There is a requirement for employers to ensure that work equipment is maintained in efficient working order and inspected at suitable intervals. These include important regulations giving workers protection against specified hazards in the workplace. Has your employer breached these regulations causing

3 you injury? Telephone The Management of Health and Safety at Work regulations 1999 these are important regulations obliging every employer to make a suitable and sufficient assessment of the risks to the health and safety of anybody in the workplace. The regulations also make sure that what is in the risk assessment is passed onto workers. Has your employer breached these regulations causing you injury? Telephone The Manual Handling Operations Regulations 1992 the phrase manual handling operation means any transporting or supporting of a load (including the lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or by bodily force. These regulations provide that employers must make a suitable and sufficient assessment of all such operations undertaken by employees in the workplace and make sure that what is in the risk assessment is passed onto workers. Appropriate steps must then be taken by the employer to reduce the risk of injury to the lowest level reasonably practicable. Has your employer breached these regulations causing you injury? Telephone Personal Protective Equipment at Work Regulations subject to certain provisos, these regulations oblige every employer to ensure that every employee is provided with suitable personal protective equipment (including footwear) where the employee may be exposed to a risk to health of safety. Has your employer breached these regulations causing you injury? Telephone or us now for further advice.

4 Construction (Design and Management) Regulations 2007 these regulations are specific to the construction industry. They oblige contractors and indeed anyone with control over construction work to ensure that the site is kept safe for all the workers on site. Obligations are imposed regarding specific issues. Examples include the stability of structures, excavations, demolition, explosions, traffic routes, vehicles, emergency procedures and more. Has your employer or anyone else breached these regulations causing you injury? Telephone The Lifting Operations and Lifting Equipments Regulations 1998 these relate to any operation at work concerned with the lifting or lowering of a load. Obligations are placed on employers to ensure such operations (and equipment used for such operations) are as safe as reasonably practicable. Has your employer breached these regulations causing you injury? Telephone or us now for further advice. The Work at Height Regulations 2005 these regulations are usually associated with the construction industry but can apply to any workplace where employees are required to work at height. There is an obligation upon every employer to ensure that such work is properly planned, appropriately supervised and carried out in a manner which is safe insofar as reasonably practicable. The employer must ensure that employees working at height are competent to do so or, if being trained, adequately supervised. In addition to the requirement to carry out a risk assessment and make sure that what is in the risk assessment is passed onto workers, specific obligations are placed upon employers in relation to matters such as guardrails, working platforms,

5 scaffolding, inspection of equipment, personal fall protection systems and more. Has your employer breached these regulations causing you injury? Telephone or us now for further advice. Control of Asbestos at Work Regulations 2002 these provide that any employer shall not carry out work which exposes (or is liable to expose) employees to asbestos unless he carries out a suitable risk assessment and implements various steps specified in these regulations. The requirements are detailed and complex. Has your employer breached these regulations causing you injury? Telephone Merchant Shipping (Safety Movement Onboard Ship) Regulations 1988 for those working on shipping (other than fishing vessels) these regulation impose certain obligations on the employer and master to ensure the safety of employees. There must be safe means of access to all parts of the ship to which the employee is expected to go. Specific obligations are imposed upon the employer and master in relation to lighting, guardrails, ladders, movement of vehicles and more. Has your employer breached these regulations causing you injury? Telephone or us now for further advice. Protection from Harassment Act 1997 under this Act, the courts have confirmed that employers are vicariously liable for harassment by their employees. If you have been injured as a result of a course of conduct amounting to harassment at work by an employer (or by another employee) you may be entitled to compensation.

6 We can advise you further regarding the circumstances of your individual case. Telephone Road Traffic Accidents If you have been injured as a pedestrian, cyclist or driver or passenger in a car, we are here to help. The legal tests for liability are embedded in Common Law i.e. law which has been created in the courts over the course of many years. The general rules are that: the damage must have been caused by someone who had a duty to take reasonable care not to cause you injury; the circumstances must be such that a reasonable person would have been aware that there was a risk of causing you injury; a reasonable person could have taken precautions to avoid the risk of injury; the loss you are claiming is for something a reasonable person would anticipate could arise in relation to the kind of injury inflicted. Often the identity of the person at fault is already known to you. In some circumstances, the identity may require to be established by further investigation such as police report or witness statement. If the person at fault is an uninsured driver or an untraced hit-and-run driver it is still possible to seek compensation by making a claim with the Motor Insurers Bureau. We can assist you in submitting the claim and in dealing with the Motor Insurers Bureau on your behalf. Such claims operate under framework provided by the Motor Insurers Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999 the Motor Insurers

7 Bureau (Compensation of Victims of Untraced Drivers) Agreement Telephone Medical Negligence The long-established legal test for medical negligence arises from a court case called Hunter v Hanley. To establish liability against a doctor for medical negligence it must be proved (1) that there is a usual and normal practice; (2) that that practice has not been adopted; and (3) that the course adopted was such that no doctor acting with ordinary care would have taken. To advise you regarding a claim arising from medical negligence, in the first instance we require to recover copies of your medical records, and thereafter to obtain a medico-legal report from a consultant in the relevant medical field. Telephone Slip and Trip claims If you have been injured in a Slip and Trip incident in the workplace, compensation may be sought from the employer if the employer contravened the Workplace (Health, Safety and Welfare) Regulations (see above). Outside of the workplace, other individuals/organisation have legal duties to take reasonable care for members of the public. Examples include the duty of a local authority to take reasonable steps to inspect and repair roads and pathways for which they are responsible. The test applied to such claims is one of reasonableness. We can advise you on whether the circumstances of your accident support a claim against such an organisation. Telephone

8 Compensation for Criminal Injuries Under the Criminal Injuries Compensation Acts, a claim for compensation may be submitted to the Criminal Injuries Compensation Authority in respect of an injury directly attributable to a crime of violence. The award of compensation is calculated with reference to a statutory scale of awards. The claim must be received by the CICA within two years of the crime. We will assist you in dealing with the CICA and advising on any offer of award. Telephone Other Types of Personal Injury claim It may be that the circumstances of your accident do not fit neatly into any of the above categories. Legislation and/or Common Law principles and precedents may nevertheless support a claim for compensation. Telephone or us now for further advice. Part 3 - Time Limits Time is of the essence is any personal injury claim. The rules which exclude late claims can have a devastating effect and you may lose the right to claim compensation entirely. You MUST bring any court action to recover your losses within strict time limits which are normally: Three years of the date of the accident for physical injury (note however that where a criminal act gave rise to the physical injury, any claim to the Criminal Injuries Compensation Authority must be submitted within two years of the incident, and

9 Five years from that date for other losses, for example damage to property. The law about time limits (known as prescription and limitation ) is complicated and legal advice will be essential but the rules do have exceptions which may come to the aid of a late claimant: injury to a child the three years only starts to run when the child reaches 16 years. death of the injured party if death occurs within three years of the accident then a further period of three years is allowed from the date of death. mental incapacity- any period of time when the injured party is mentally unfit will be ignored lack of knowledge the injured party must know : - the injuries in question were serious enough to justify raising an action for recovery of loss - the injuries were attributable to an act or omission of someone - the identity of the person ( or that person s employer where acting in the course of employment) who committed the act or omission latent defects - the time limit runs from when the defect emerges and causes loss or from the time when with reasonable diligence it could have been discovered. Section 19A discretion - the courts have the power to extend the time for claims (for physical injury only) where it is fair and equitable to do so under the provisions of this section of the Prescription and Limitation (Scotland) Act 1973 (as amended). This power is only used by the court sparingly and a very good excuse needs to be

10 advanced: for example, in one case, not only had the person who caused the injury died but so had the first person appointed to be responsible for his affairs resulting in a chain of confusion and misinformation. The court held that it was not the claimant s fault that he ran out of time trying to unravel who to sue and allowed the case to proceed. Part 4 - Conclusion The law promotes safety by imposing legal duties of care upon individuals and organisations relating to your personal safety. We aim to ensure that you are fairly compensated when you are injured as a result of such duties being ignored or breached. If you are injured in an accident, you should seek our early legal advice. Telephone

11 For more detailed advice tailored to your needs please contact one of the following people: Graeme Duncan Don Uttley

Personal Injury. We re on your side. Petherbridge Bassra. Your Local Solicitors

Personal Injury. We re on your side. Petherbridge Bassra. Your Local Solicitors Personal Injury We re on your side is a Bradford firm helping clients with cases close to home, nationally and internationally. These pages will tell you what we do and how we do it and naturally we will

More information

In order to prove negligence the Claimant must establish the following:

In order to prove negligence the Claimant must establish the following: Introduction A wealth of law exists to provide compensation to people who have suffered injuries, both physical and psychological, following an accident. This fact sheet provides a very brief guide to

More information

How to make a personal injury claim

How to make a personal injury claim A publication by Cute Injury How to make a personal injury claim A CLEAR AND CONCISE GUIDE TO THE PERSONAL INJURY CLAIMS PROCESS We provide professional and impartial advice from the outset and throughout

More information

Personal injury claims advice solicitors

Personal injury claims advice solicitors Personal injury claims advice solicitors If you've suffered an accident or a personal injury that wasn't your fault, you could be entitled to make a compensation claim. Millbank solicitors personal injury

More information

L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS

L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS LE Law Services Ltd 127 High Road Loughton Essex IG10 4LT Telephone: 020 8508 4961 Facsimile: 020 8508 6359 www.lelaw.co.uk L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS 1. Introduction

More information

Road Traffic Accidents. Everything you need to know

Road Traffic Accidents. Everything you need to know Road Traffic Accidents Everything you need to know Families involved in a road traffic accident in this country and abroad can seek legal advice and assistance from EAD Solicitors. Anyone can seek legal

More information

Motor Vehicle Accident Claims: What are your rights?

Motor Vehicle Accident Claims: What are your rights? Motor Vehicle Accident Claims: What are your rights? If you or a loved one has been seriously injured in a motor vehicle accident, there are a number of critical decisions that must be made. Who will care

More information

Legal Support Service South West. Support for life after childhood brain and other serious injuries. www.childbraininjurytrust.org.

Legal Support Service South West. Support for life after childhood brain and other serious injuries. www.childbraininjurytrust.org. Legal Support Service South West Support for life after childhood brain and other serious injuries www.childbraininjurytrust.org.uk Hello and welcome to the Legal Support Services booklet for the South

More information

Prepared by: Barton L. Slavin, Esq. 212-233-1010 Web site: www.nycattorneys.com

Prepared by: Barton L. Slavin, Esq. 212-233-1010 Web site: www.nycattorneys.com Prepared by: Barton L. Slavin, Esq. 1. Identify Insurance Company - On the Police Report there is a three digit code that identifies the insurance company for a vehicle. The following link will take you

More information

EWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES

EWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES E P EWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES If you have been involved in a Road Traffic Accident as a driver or passenger we hope

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Gain expert help & advice ERWIN SOHN Partner Great People. Great Results. Great Value. 2 Personal injury claims If you are injured in an accident, your first priority is access to

More information

PERSONAL INJURY COMPENSATION CLAIM GUIDE

PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE Welcome to our Personal Injury Service What is Personal Injury? The Dictionary definition is: An injury not to property, but to your body, mind or emotions Our

More information

Legal Support Service Scotland. Support for life after childhood brain and other serious injuries. www.childbraininjurytrust.org.

Legal Support Service Scotland. Support for life after childhood brain and other serious injuries. www.childbraininjurytrust.org. Legal Support Service Scotland Support for life after childhood brain and other serious injuries www.childbraininjurytrust.org.uk Hello and welcome to the Legal Support Services booklet for Scotland You

More information

Fleet Policy. Version Number: 2 Controlled Document Director of Corporate Affairs

Fleet Policy. Version Number: 2 Controlled Document Director of Corporate Affairs Fleet Policy CONTROLLED DOCUMENT CATEGORY: CLASSIFICATION: PURPOSE: This Document supports: Controlled Document Number: Policy Governance To set out the principles for the management of the Trust Fleet

More information

Health & Safety Regulations. Everything you need to know

Health & Safety Regulations. Everything you need to know Health & Safety Regulations Everything you need to know Not all of those people injured at work would be entitled to compensation from their employer. In order to recover damages it is necessary to show

More information

Personal Injury Claims

Personal Injury Claims Dawn Cardwell - dcardwell@hamers.com Robert Holroyd - rholroyd@hamers.com Jeremy Rea - jrea@hamers.com Paul Richardson - prichardson@hamers.com Jim Wyatt - jwyatt@hamers.com Freephone: 0800 591 999 5 Earls

More information

Employers Liability Insurance the need for change

Employers Liability Insurance the need for change Employers Liability Insurance the need for change All-Party Parliamentary Group on Occupational Safety and Health Employer liability and motor insurance There are two main types of insurance that the Government

More information

NOTES FOR GUIDANCE MIB Uninsured Agreement (2015) 1 www.mib.org.uk

NOTES FOR GUIDANCE MIB Uninsured Agreement (2015) 1 www.mib.org.uk 1 www.mib.org.uk NOTES FOR GUIDANCE MIB Uninsured Agreement (2015) Notes for Guidance MIB Uninsured Agreement (2015) The following notes are for the guidance of anyone who submits a claim to MIB under

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

Compensation Claims. Contents

Compensation Claims. Contents Compensation Claims Contents Employers' duties What kind of claims may be made? The tort of negligence Tort of breach of statutory duty Civil liability exclusions Conditions to be met for breach of statutory

More information

THE SWEDISH TRAFFIC DAMAGE ACT. A short introduction Warsaw 21 March 2011

THE SWEDISH TRAFFIC DAMAGE ACT. A short introduction Warsaw 21 March 2011 THE SWEDISH TRAFFIC DAMAGE ACT A short introduction Warsaw 21 March 2011 Some background facts Sweden's first motorist's liability act was introduced in 1906. In 1916 the law was made more stringent. It

More information

LAWYERS New South Wales & Victoria. A transport accident is an incident directly caused by a motor car or motor vehicle, a railway train, or a tram.

LAWYERS New South Wales & Victoria. A transport accident is an incident directly caused by a motor car or motor vehicle, a railway train, or a tram. LAWYERS New South Wales & Victoria Transport Accident Commission (TAC) Claims FREQUENTLY ASKED QUESTIONS What is a transport accident? A transport accident is an incident directly caused by a motor car

More information

Frequently Asked Questions: Compulsory Third-Party Insurance in the ACT

Frequently Asked Questions: Compulsory Third-Party Insurance in the ACT Frequently Asked Questions: Compulsory Third-Party Insurance in the ACT Who can claim? A CTP personal injury claim form may be lodged by: any person who has sustained personal injury as a result of a motor

More information

THIRD PARTY ASSISTANCE CLAIMANT GUIDE. May 2010

THIRD PARTY ASSISTANCE CLAIMANT GUIDE. May 2010 THIRD PARTY ASSISTANCE CLAIMANT GUIDE May 2010 THIRD PARTY ASSISTANCE CLAIMANT GUIDE 2 Injured as the result of a recent accident? How the other side s insurer can assist you If you have been injured,

More information

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95 New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other

More information

Your Guide to Pursuing a Personal Injury Claim

Your Guide to Pursuing a Personal Injury Claim Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose

More information

RIGHT Lawyers. Stacy Rocheleau, Esq. Gary Thompson, Esq.

RIGHT Lawyers. Stacy Rocheleau, Esq. Gary Thompson, Esq. rightlawyers.com RIGHT Lawyers Right Lawyers has successfully represented numerous clients in the areas of car accidents, work injuries, and slip and falls. The goal of this guide is to provide you answers

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph

More information

Information for people injured in road crashes

Information for people injured in road crashes Information for people injured in road crashes What is CTP insurance? All South Australian drivers pay a CTP insurance premium when they register their vehicle. The CTP premium provides drivers and/or

More information

Motor Insurers Bureau Making a claim

Motor Insurers Bureau Making a claim Motor Insurers Bureau Making a claim A brief guide This booklet This booklet gives important information about the Motor Insurers Bureau (MIB) and making a claim. Please read it carefully before you fill

More information

Update to your Vero MotorPlan policy

Update to your Vero MotorPlan policy Update to your Vero MotorPlan policy As a result of a change brought about by the Sentencing Amendment Act 2014, we would like to bring to your attention an update to our Vero MotorPlan policy wording.

More information

The Enterprise and Regulatory Reform Act 2013 ("ERRA")

The Enterprise and Regulatory Reform Act 2013 (ERRA) SPECIAL EDITION DECEMBER 2013 The Enterprise and Regulatory Reform Act 2013 ("ERRA") Claims handlers will no doubt be aware that Section 69 of this Act applies to all causes of action arising after 1 October

More information

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 An Act to reform the law relating to contributory negligence and the apportionment of liability; to amend the

More information

Pre action protocol for low value personal injury claims in road traffic accidents

Pre action protocol for low value personal injury claims in road traffic accidents http://websvr/textimagecreator (Text image creator to change heading) Pre action protocol for low value personal injury claims in road traffic accidents Contents SECTION I - INTRODUCTION Definitions Paragraph

More information

GENERAL CONDITIONS OF CONTRACT MINOR WORKS AND SERVICES

GENERAL CONDITIONS OF CONTRACT MINOR WORKS AND SERVICES GENERAL CONDITIONS OF CONTRACT MINOR WORKS AND SERVICES GENERAL CONDITIONS OF CONTRACT FOR MINOR WORKS PAGE 1 BASE D ON WA LOCAL GOVERNMENT ASSOCIATION MODEL 2010 TABLE OF CONTENTS 1 INTERPRETATION 2 RISE

More information

No. Name of Legislation Applicable Issues and Requirements Demonstration of Compliance 1. Health and Safety at Work Act 1974

No. Name of Legislation Applicable Issues and Requirements Demonstration of Compliance 1. Health and Safety at Work Act 1974 The Police Treatment Centres Health and Safety Legal Compliance Register No. Name of Legislation Applicable Issues and Requirements Demonstration of Compliance 1. Health and Safety at Work Act 1974 2.

More information

What you should know

What you should know What you should know when you have been injured in a motor vehicle accident This booklet provides information about insurance benefits and other compensation that may be available to you when you have

More information

personal injury serious injuries getting compensation Have you suffered a serious injury? Are you entitled to compensation?

personal injury serious injuries getting compensation Have you suffered a serious injury? Are you entitled to compensation? serious injuries Have you suffered a serious injury? Any serious injury can be a life changing event. Apart from the physical and emotional trauma of the accident, there are often significant financial,

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph

More information

MAURICE BLACKBURN LAWYERS ROAD ACCIDENT INJURIES / MVA WESTERN AUSTRALIA

MAURICE BLACKBURN LAWYERS ROAD ACCIDENT INJURIES / MVA WESTERN AUSTRALIA MAURICE BLACKBURN LAWYERS ROAD ACCIDENT INJURIES / MVA WESTERN AUSTRALIA 02 MAURICE BLACKBURN YOU RE WORTH FIGHTING FOR. If you are hurt, injured, or are facing an unfair situation, you and your family

More information

CLAIMS HANDLING GUIDELINES. for CTP Insurers

CLAIMS HANDLING GUIDELINES. for CTP Insurers CLAIMS HANDLING GUIDELINES for CTP Insurers Initially issued 2000 Reissued: 1 July 2004; 18 September 2006; 1 July 2008; 1 October 2008, 1 May 2014 INTRODUCTION The MAA Claims Handling Guidelines (the

More information

C.M. Haughey Solicitors Compensation Guide

C.M. Haughey Solicitors Compensation Guide C.M. Haughey Solicitors Compensation Guide www.cmhaugheysolicitors.ie Athena Goddess of Wisdom, Strength and Strategy. When your experience needs our experience About Us C. M. Haughey Solicitors, located

More information

Personal Injury/Accident Claims Guidance

Personal Injury/Accident Claims Guidance Hutchesons Solicitors 17 Strathmore House East Kilbride Glasgow Lanarkshire G74 1LF Tel: 01355 224545 Fax: 01355 276565 E-mail: mail@hutchesonlaw.co.uk Personal Injury/Accident Claims Guidance 1 This is

More information

www.superstaff.co.nz PO Box 11766 Ellerslie 1542 Auckland 0800 787379 TERMS OF BUSINESS

www.superstaff.co.nz PO Box 11766 Ellerslie 1542 Auckland 0800 787379 TERMS OF BUSINESS The Engagement of Temporary Employees TERMS OF BUSINESS 1. You ( the Client ) are deemed to have accepted the Terms of Business by engaging a Temporary Employee ( Temporary ) introduced to the Client by

More information

MAURICE BLACKBURN LAWYERS ROAD ACCIDENT INJURIES SOUTH AUSTRALIA

MAURICE BLACKBURN LAWYERS ROAD ACCIDENT INJURIES SOUTH AUSTRALIA MAURICE BLACKBURN LAWYERS ROAD ACCIDENT INJURIES SOUTH AUSTRALIA 02 MAURICE BLACKBURN YOU RE WORTH FIGHTING FOR. If you are hurt, injured, or are facing an unfair situation, you and your family shouldn

More information

The insurance company is also responsible for reasonable towing or storage charges on your vehicle until you receive written notice otherwise.

The insurance company is also responsible for reasonable towing or storage charges on your vehicle until you receive written notice otherwise. If you have been in an automobile accident that is not your fault and your vehicle is damaged, you do have certain rights. If total property damage from the wreck to all damages appears to be over $1,000.00,

More information

CARS AND CAR ALLOWANCES POLICY COMPANY CARS MSR ROUP. www.msrgroup.org.uk

CARS AND CAR ALLOWANCES POLICY COMPANY CARS MSR ROUP. www.msrgroup.org.uk COMPANY CARS MSR ROUP www.msrgroup.org.uk CARS AND CAR Company cars If you are provided with a company car, this will be set out in your contract of employment. Unless you are notified otherwise, a company

More information

Accidents. Added motoring peace-of-mind. This is your AA Added Value for. Introduction. Membership Handbook

Accidents. Added motoring peace-of-mind. This is your AA Added Value for. Introduction. Membership Handbook Added motoring peace-of-mind This is your AA Added Value for Accidents Membership Handbook Introduction As a Member of the AA, you know you get so much more than the average roadside assistance service

More information

Road Accident Fund Act 56 of 1996 (RAFA)

Road Accident Fund Act 56 of 1996 (RAFA) Road Accident Fund Act 56 of 1996 (RAFA) Topic: Roads and Public Liability IN A CALABASH Introduction Road transportation is the major mode of transportation in South Africa. Despite a number of road laws

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph

More information

ROAD TRAFFIC ACCIDENT. Client Information Pack

ROAD TRAFFIC ACCIDENT. Client Information Pack ROAD TRAFFIC ACCIDENT Client Information Pack This pack provides general guidance about your road traffic accident claim and brief details about funding your case. To read about the service standards you

More information

Personal Injury Accidents At Work

Personal Injury Accidents At Work Personal Injury Accidents At Work At Kirwans, we understand the impact an injury can have on your day-to-day life. When you are in your place of work you expect to feel safe in the knowledge that you are

More information

SCOTLAND S COMMISSIONER FOR CHILDREN AND YOUNG PEOPLE STANDARD CONDITIONS OF CONTRACT FOR SERVICES

SCOTLAND S COMMISSIONER FOR CHILDREN AND YOUNG PEOPLE STANDARD CONDITIONS OF CONTRACT FOR SERVICES SCOTLAND S COMMISSIONER FOR CHILDREN AND YOUNG PEOPLE STANDARD CONDITIONS OF CONTRACT FOR SERVICES 1 1 Definitions In these conditions:- We means Scotland s Commissioner for Children and Young People,

More information

Terms and Conditions of Offer and Contract (Works & Services) Conditions of Offer

Terms and Conditions of Offer and Contract (Works & Services) Conditions of Offer Conditions of Offer A1 The offer documents comprise the offer form, letter of invitation to offer (if any), these Conditions of Offer and Conditions of Contract (Works & Services), the Working with Queensland

More information

ONYX BUSINESS AUTO POLICY COVERAGE

ONYX BUSINESS AUTO POLICY COVERAGE ONYX BUSINESS AUTO POLICY COVERAGE Various provisions in this policy restrict overage Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy

More information

Employers Liability Section

Employers Liability Section Employers Liability Section Definitions 1 lnjury Bodily injury, death, disease, illness, mental injury, mental anguish or nervous shock 2 Employee A B Any person under a contract of service or apprenticeship

More information

THE UNIVERSITY OF SHEFFIELD WORK AT HEIGHT POLICY

THE UNIVERSITY OF SHEFFIELD WORK AT HEIGHT POLICY THE UNIVERSITY OF SHEFFIELD WORK AT HEIGHT POLICY CONTENTS Page No 1 INTRODUCTION 2 2 LEGISLATION 2 3 HIERARCHY OF CONTROL 2 4 WORK AT HEIGHT POLICY 3 5 ROLES AND RESPONSIBILITIES 3 6 RISK ASSESSMENTS

More information

VEHICLE DAMAGE CLAIMS*

VEHICLE DAMAGE CLAIMS* VEHICLE DAMAGE CLAIMS* ACCIDENTS HAPPEN! Unfortunately, road traffic collisions are all too common with over 30,000 accidents occurring on Irish roads each year. When an accident happens it can be a stressful

More information

ROGERS SPECIALIST CARS LTD T/A CATERHAM HIRE WALES

ROGERS SPECIALIST CARS LTD T/A CATERHAM HIRE WALES ROGERS SPECIALIST CARS LTD T/A CATERHAM HIRE WALES TERMS AND CONDITIONS OF RENTAL In these terms and conditions reference to we, us or our means ROGERS SPECIALIST CARS LTD T/A CATERHAM HIRE WALES, a limited

More information

WORKPLACE COMPENSATION CLAIM SUCCESS

WORKPLACE COMPENSATION CLAIM SUCCESS WORKPLACE COMPENSATION CLAIM SUCCESS THE 6 MOST COMMON MISTAKES PEOPLE MAKE What you need to know to make sure you have a successful workers compensation claim At Garling & Co we have dealt with thousands

More information

NEW YORK STATE BAR ASSOCIATION. LEGALEase. If You Have An Auto Accident SAMPLE

NEW YORK STATE BAR ASSOCIATION. LEGALEase. If You Have An Auto Accident SAMPLE NEW YORK STATE BAR ASSOCIATION LEGALEase If You Have An Auto Accident If You Have An Auto Accident What should you do if you re involved in an automobile accident in New York? STOP! By law, you are required

More information

MOTOR INSURER S BUREAU OF IRELAND

MOTOR INSURER S BUREAU OF IRELAND MOTOR INSURER S BUREAU OF IRELAND COMPENSATION OF UNINSURED ROAD ACCIDENT VICTIMS Agreement dated 29th January 2009 between the Minister for Transport and the Motor Insurers Bureau of Ireland (MIBI) AGREEMENT

More information

FELA Railroad Injuries

FELA Railroad Injuries FELA Railroad Injuries Mark A. Anderson Contents FELA and the Legal Rights of Injured Railroad Workers...1 Cases Eligible Under FELA...2 The Railroad Company's Liability...4 Dealing With Your Employer

More information

Compensation for personal injury in road traffic accidents in Sweden. (Compensation based on the Swedish Law of Damages)

Compensation for personal injury in road traffic accidents in Sweden. (Compensation based on the Swedish Law of Damages) Compensation for personal injury in road traffic accidents in Sweden (Compensation based on the Swedish Law of Damages) In this brochure, we aim to outline some of the main aspects of compensation for

More information

11 NYCRR 60-2.0. Text is current through February 15, 2002, and annotations are current through August 1, 2001.

11 NYCRR 60-2.0. Text is current through February 15, 2002, and annotations are current through August 1, 2001. 11 NYCRR 60-2.0 OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 11. INSURANCE DEPARTMENT CHAPTER III. POLICY AND CERTIFICATE PROVISIONS [FN1] SUBCHAPTER B. PROPERTY

More information

ACTIVITIES INDUSTRY MUTUAL LIMITED EMPLOYERS LIABILITY COVER WORDING

ACTIVITIES INDUSTRY MUTUAL LIMITED EMPLOYERS LIABILITY COVER WORDING ACTIVITIES INDUSTRY MUTUAL LIMITED EMPLOYERS LIABILITY COVER WORDING Activities Industry Mutual Limited Registered in England No. 05372198. Registered Office: 7 Maltings Place, 169 Tower Bridge Road, London

More information

Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION

Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION If you have suffered a personal injury it is important to consider all potential sources of compensation. A personal

More information

Terms and Conditions. Our Services Explained

Terms and Conditions. Our Services Explained Our Services Explained Winn Solicitors provide a one-stop-shop service for innocent victims of road traffic accidents and other accidents, who need help to recover compensation and/or other services. In

More information

THE MOTOR INSURERS BUREAU OF SINGAPORE

THE MOTOR INSURERS BUREAU OF SINGAPORE 456 Singapore Academy of Law Journal (1998) THE MOTOR INSURERS BUREAU OF SINGAPORE WHAT IS AN MIB AND WHAT IS ITS ROLE? To appreciate this it will be useful to take a look at the first Motor Insurers Bureau

More information

PART D: PROSECUTION DETAILS

PART D: PROSECUTION DETAILS HOW TO COMPLETE YOUR CRIMINAL INJURIES COMPENSATION APPLICATION FORM PLEASE COMPLETE THE FORM USING DARK INK, AND ENSURE YOU KEEP A COPY OF YOUR APPLICATION FORM AND ALL YOUR DOCUMENTS. PART A: APPLICANT

More information

LEGAL ISSUES. Why should I learn about legal issues? How am I liable? What are my responsibilities as a teacher?

LEGAL ISSUES. Why should I learn about legal issues? How am I liable? What are my responsibilities as a teacher? LEGAL ISSUES Why should I learn about legal issues? School administrators are typically the only personnel to receive training in classroom liability issues, yet teachers have the most responsibility for

More information

DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS

DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS STATES OF JERSEY r DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS 201- Lodged au Greffe on 13th December 2012 by the Minister for Health and Social Services STATES GREFFE

More information

MAKING A PERSONAL INJURIES CLAIM*

MAKING A PERSONAL INJURIES CLAIM* MAKING A PERSONAL INJURIES CLAIM* GETTING STARTED DO I HAVE A CASE? The first step is to contact one of our experienced personal injuries solicitors and arrange a no obligation consultation. At the initial

More information

Car Parking. A Health and Safety Perspective. David Bone

Car Parking. A Health and Safety Perspective. David Bone Car Parking A Health and Safety Perspective David Bone Contents 1: Introduction 2: Legislation 3: Management Systems 4: Common Workplace Hazards Introduction HEALTH AND SAFETY Is a condition free from

More information

Motor Legal Expenses Insurance

Motor Legal Expenses Insurance Motor Legal Expenses Insurance Motor Legal Expenses Insurance Policy Document Certificate of Insurance This insurance is underwritten by Inter Partner Assistance SA and managed on their behalf by Arc Legal

More information

A Guide to Making a Power of Attorney. (Extracts from the official guide of the Office of the Public Guardian (Scotland))

A Guide to Making a Power of Attorney. (Extracts from the official guide of the Office of the Public Guardian (Scotland)) A Guide to Making a Power of Attorney (Extracts from the official guide of the Office of the Public Guardian (Scotland)) Introduction This guide is for individuals who wish to appoint one or more persons

More information

Irvine Police Victim Advocate s Office 949-724-7274

Irvine Police Victim Advocate s Office 949-724-7274 Irvine Police Victim Advocate s Office 9497247274 View this Resource Guide online at www.cityofirvine.org/pd/info_center/victim_service.asp 1 Irvine Police Victim Advocate s Office 9497247274 1 Irvine

More information

Mesothelioma Act 2014

Mesothelioma Act 2014 Mesothelioma Act 2014 CHAPTER 1 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 5.75 Mesothelioma Act 2014 CHAPTER 1 CONTENTS Diffuse Mesothelioma

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. 2. Who can

More information

Injured on the Job. Your Rights under FELA. Quick Facts: What To Do If Injured

Injured on the Job. Your Rights under FELA. Quick Facts: What To Do If Injured Injured on the Job Your Rights under FELA Quick Facts: What To Do If Injured 1. Consult your own doctor for treatment. Give your doctor a complete history of how your injury happened. Make sure that the

More information

Insurance. for your small. business

Insurance. for your small. business Insurance for your small business @BritishInsurers As an employer, you are legally required to have Employers Liability Insurance. If you use motor vehicles for your business, you are legally required

More information

Myburgh Attorneys HAVE YOU BEEN INJURED IN A CAR ACCIDENT? DO YOU KNOW SOMEBODY WHO HAS BEEN INJURED IN A CAR ACCIDENT? WHAT ARE YOUR RIGHTS?

Myburgh Attorneys HAVE YOU BEEN INJURED IN A CAR ACCIDENT? DO YOU KNOW SOMEBODY WHO HAS BEEN INJURED IN A CAR ACCIDENT? WHAT ARE YOUR RIGHTS? Myburgh Attorneys HAVE YOU BEEN INJURED IN A CAR ACCIDENT? OR DO YOU KNOW SOMEBODY WHO HAS BEEN INJURED IN A CAR ACCIDENT? WHAT ARE YOUR RIGHTS? THE ROAD ACCIDENT FUND (RAF) The RAF was created to compensate

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 Title Number I INTRODUCTION Definitions Para 1.1 Preamble Para 2.1 Aims Para 3.1 Scope Para 4.1 II GENERAL

More information

By Marco Schepers Associate BCom LLB

By Marco Schepers Associate BCom LLB Health and Safety in the Workplace: A South African Perspective Is the Employer s Obligation to Provide a Safe Working Environment a Satisfactory Position? By Marco Schepers Associate BCom LLB 1. Introduction

More information

Step-by-step guide to pursuing a medical negligence claim

Step-by-step guide to pursuing a medical negligence claim Step-by-step guide to pursuing a medical negligence claim Suffering from medical negligence can be a painful and distressing experience for anyone. This short guide offers some advice to help people thinking

More information

Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents

Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents PROTOCOLS I INTRODUCTION Definitions 1.1 In this Protocol (1) claim means a claim, prior to the start of proceedings,

More information

Brain injury claims. A niche personal injury practice focused on catastrophic and neurotrauma claims

Brain injury claims. A niche personal injury practice focused on catastrophic and neurotrauma claims Brain injury claims As specialist brain injury lawyers we are renowned for our experience in dealing with these complex claims. We focus on your claim and what you need in the early days after a serious

More information

DASDRIVE ULTIMATE LEGAL PROTECTION KEY FACTS BROCHURE. Act quickly after an accident and call us now on

DASDRIVE ULTIMATE LEGAL PROTECTION KEY FACTS BROCHURE. Act quickly after an accident and call us now on DASDRIVE ULTIMATE LEGAL PROTECTION KEY FACTS BROCHURE Act quickly after an accident and call us now on 0800 783 6066 2 DASDRIVE ULTIMATE If you ve been unfortunate enough to have been involved in a motor

More information

Claim notification form

Claim notification form Before filling in this form you are encouraged to seek independent legal advice. Date sent / / Claim notification form Low value personal injury claims in road traffic accidents( 1,000-10,000) Are you

More information

Victims of Crime Compensation

Victims of Crime Compensation Victims of Crime Compensation Information about compensation entitlements for those affected by homicide. Victim Support Service is not qualified to offer legal advice or interpret legislation. This brochure

More information

WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured?

WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured? WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured? 3. How can I get help? 4. What information should I gather at the

More information

CTP PERSONAL INJURY CLAIM INFORMATION KIT

CTP PERSONAL INJURY CLAIM INFORMATION KIT CTP PERSONAL INJURY CLAIM INFORMATION KIT Contents Your road to recovery starts here What should I do now? 4 What am I covered for? 5 How is my claim processed? 6 Problems or Disagreements 8 Finalising

More information

Claim notification form

Claim notification form Before filling in this form you are encouraged to seek independent legal advice. Date sent / / Claim notification form Low value personal injury claims in road traffic accidents( 1,000-10,000) Are you

More information

Family law. www.leedsday.co.uk. Providing intelligent legal solutions Providing intelligent legal solutions Providing intelligent legal solutions

Family law. www.leedsday.co.uk. Providing intelligent legal solutions Providing intelligent legal solutions Providing intelligent legal solutions Family law The Family team at Leeds Day understands that Family and Matrimonial matters require more than just keen negotiating skills and technical excellence. We never lose sight of the real issues that

More information

Brain injury lawyers Rehabilitation Change Support Care Family Pain Anger Justice Therapy

Brain injury lawyers Rehabilitation Change Support Care Family Pain Anger Justice Therapy Brain injury lawyers Rehabilitation Change Support Care Family Pain Anger Justice Therapy Fieldfisher provides a first-class service to clients. www.fieldfisher.com/personalinjury Freephone 0800 358 3848

More information

Your Guide to Recovery

Your Guide to Recovery Your Guide to Recovery PERSONAL INJURY LAWYERS Committed to Your Future We will: Ensure all necessary notices are provided to maintain your claim and commence the action within the limitation period. Work

More information

Professional Indemnity Insurance Specialist Supplier Presentation

Professional Indemnity Insurance Specialist Supplier Presentation Bespoke Ready-Mix insurance Professional Indemnity Insurance Specialist Supplier Presentation EXCLUSIVE FOR MEMBERS OF THE SOUTHERN AFRICAN READY MIX ASSOCIATION ("SARMA") So what is a Professional Indemnity

More information

Victims of Crime the help and advice that s available

Victims of Crime the help and advice that s available Details about Victim Support Your local Victim Support Scheme is: Victims of Crime the help and advice that s available You can also contact the Victim Supportline on: 0845 30 30 900 Or, if you prefer,

More information

Fleet Legal Guard. Policy Wording

Fleet Legal Guard. Policy Wording Fleet Legal Guard Policy Wording What s inside... Introduction 3 What to do if you need to make a claim 4 Legal helpline 5 Claims for compensation 10 Claims for physiotherapy 12 Terms and Conditions 13

More information

Brain injury lawyers. Field Fisher Waterhouse provides a first-class service to clients. The Legal 500

Brain injury lawyers. Field Fisher Waterhouse provides a first-class service to clients. The Legal 500 Brain injury lawyers Field Fisher Waterhouse provides a first-class service to clients. The Legal 500 www.ffw.com/personalinjury Freephone 0800 358 3848 Specialist brain injury solicitors Our brain injury

More information