A Part 36 offer in personal injury is normally an offer to settle a claim for compensation. Part 36 offers differ from non Part 36 offers in a number of ways. There are cost consequences in terms of Part 36 offers. I will attempt to explain the nature and consequences of Part 36 offers.

Part 36 offers are set out in the Civil Procedure Rules and can be made by both the Claimant and the Defendant.

Not all offers to settle a claim are Part 36 offers. To be a Part 36 offer the offer normally must:

1. Be in writing;
2. State that the offer is intended to be a Part 36 offer and to have the consequences of the same;
3. Specify a period of not less than 21 days within which the Defendant will be liable for the Claimant’s costs if the offer is accepted;
4. State whether the offer relates to the whole of the claim or part of it.

If an offer is to be a Part 36 offer, it must normally be made in writing. This obviously excludes offers made solely over the telephone. If an offer is made over the telephone and then confirmed to be a Part 36 offer, perhaps either in a written letter or email, this would then be written and could therefore qualify as a Part 36 offer, providing that the other points are complied with.

Read More

The basic principle of vicarious liability is that, if an employee injures someone in the course of their employment, the employer may be vicariously liable. This simply means that the injured person may be able to win compensation directly from the employer, rather than from the employee.

There are many instances where vicarious liability may occur. For example if you were involved in a road traffic accident with a van and the van driver was at the time of the accident acting in the course of his employment. If the van driver was at fault for the accident then his employer may be vicariously liable. An employer can be vicariously liable for the acts or omissions of his or her employees. An omission is simply a failure to do something. An example could be an employee failing to secure or put down a safety device on a machine which later causes injury. The failure to do something was the negligence and thus his or her employer could be vicariously liable.

The theory behind vicarious liability is that the employer is thought to have “deeper pockets” to compensate injured victims. Obviously if a company has insurance in place then ultimately it will be an insurance company who pays out compensation. This is why companies and businesses take out employer’s liability insurance.

It goes without saying that employers do not like vicarious liability.
Read More

If you are suffering from contact dermatitis through work then you may be entitled to make a claim for compensation. Dermatitis is inflammation of the skin which can be caused by coming into contact with skin irritants for example.

Work related dermatitis is more common in certain industries including healthcare, hairdressing, dentistry, food processing, cleaning, printing, engineering, agriculture etc. However dermatitis can occur in just about any place of work. Contact dermatitis is caused by things that dry out and damage the skin. Such things include solvents, oils etc. Frequent and prolonged contact with water could also cause dermatitis.

In terms of the law, dermatitis can be classed as an industrial disease which you can claim compensation for. Such disease claims are run under the terms of the Pre-Action Protocol for Disease and Illness Claims.
Read More

The Law in respect of a driver’s duty of care goes as far back as 1832 when the Courts recognised that pedestrians and vehicle drivers owed each other a duty to exercise due care and attention.

As a driver, who do you owe a duty of care to? Well in the case of Donaghue v Stevenson 1932, where Mrs Donaghue drank a ginger beer which had a snail in it, a principle to determine who you owe a duty of care to was established.
Read More

Lifting is part and parcel of many jobs nowadays, but there are rules and regulations in place to ensure that employees are kept reasonably safe and injury free. The Manual Handling Operations Regulations 1992 cover this area in some detail.

If you are lifting heavy objects at work then first and foremost, you should be trained in manual handling techniques. When possible, manual handling should be avoided. This can be done in a variety of ways such as using machinery or equipment to carry objects, re-structuring so that an object does not need to be moved etc. In many jobs an element of manual handling is still necessary and very much seen as “part of the job”. If a safer system of work can be adopted so that manual handling can be avoided, then this safer system of work should be adopted.

When manual handling cannot be avoided your employer should assess the risks of injury by considering how heavy an object is and how far it has to be carried. In many situations there will be something that can be done to either mechanically carry the object or at least assist in carrying the object.
Read More

Contrary to some beliefs, children can sustain a whiplash injury. Generally they may not be as badly affected as adults, but a car accident can easily leave your child suffering with the same symptoms in the neck, back, and shoulder area.

Whiplash is caused by the ligaments and tendons in the neck, back, and shoulder areas being stretched beyond their normal range of movement. So this can happen whether you are an adult or a child.

Children have the right to make a claim in exactly the same way an adult is entitled to. There are a couple of differences to the claims process – for one, the child will need a litigation friend to act on their behalf, given that the law doesn’t commonly allow them to bring a claim themselves (rather obviously). This is normally a parent or guardian / family member, and can even be you if you were in the same accident.

The other major difference is that an Infant Approval Hearing will normally take place at the end of the claim. This is a simple hearing for a Judge to confirm that they are happy with the amount that has been accepted between us and the other insurers. As the child is under the age of 18, the Court should always intervene to make sure that any offers that are agreed are fair to make sure the best interests of the child are looked after.
Read More

Whiplash is the most common injury sustained in road traffic accidents and therefore our injury blog will focus particularly on how long it takes to resolve a whiplash claim for a road accident. Of course, if you have sustained whiplash in a way other than a road accident, the process may be a little different and therefore you should contact us directly to ascertain the best route in your particular circumstance.

Whiplash can be extremely painful and debilitating as it mainly affects the movement of the neck, back and shoulders. It is caused by the jolting action of your head being thrown forward and backwards at quick speed. This type of injury can lead to other losses such as loss of earnings and expensive medical fees and therefore claiming for compensation may be essential.

Read More

Accidents in the workplace can result in severe injury, as of course many workplaces are filled with large equipment and a number of people working closely together. However, what is the procedure you should follow when wanting to pursue a claim for compensation? Many people are worried about doing so, as they feel it may jeopardise their job and of course this is a worry you could do without when you are already suffering from an injury.

Accidents at work can potentially be very good cases as your employer is obliged to have insurance to cover accidents under The Employers’ Liability (Compulsory Insurance) Act 1969. This is in place to ensure that should an employee have an accident they will be able to pay compensation. Therefore, in the majority of cases, we send the letter of claim of to your employer who just hands it across to their insurance and it is them that continue with the claim– your employer may even encourage you to bring a claim!

So there really is no need to worry. If you have had an accident there are a few things you should try to do and are the types of things we will ask on the initial call (mainly because we like to gather all the information we need straight away to ensure your claim gets underway ASAP.)
Read More

Accidents in schools are quite common and that is not really a surprise with children running around in the playground, play fighting, playing football and other things that children get up to these days. However there is a need to distinguish between genuine accidents and accidents giving rise to a personal injury claim.

You may be able to bring a compensation claim on behalf of your child if the accident was not his or her fault. For example if your child tripped over a raised paving slab on school premises or tripped in a pot hole. If the area was not adequately maintained and the defect caused injury, then a claim may be possible. It would also be possible to bring a claim if the child was injured as a result of faulty or defective equipment. For example a chair that broke causing injury.
Read More

Slipping accidents are one of the most common types of accidents giving rise to a claim for personal injury. Unfortunately people can and do sustain nasty injuries as a result of slipping on wet floors. Such accidents more commonly happen in supermarkets or local shops. When you are in a shop, for example, then the shop or the owner of the shop has a duty to keep you reasonably safe and free from harm. Potential hazards should be brought to your attention. One such hazard is a wet floor.

If a floor becomes wet and dangerous, whether it is from people walking in rain water or whether it is from a spillage of some kind, action should be taken by the store as soon as possible. I know that in big supermarkets the procedure is that a member of staff stands next to the spillage while another member of staff goes to get a mop and bucket in order to clean up the floor and remove the danger.

I know this as I used to work in a supermarket and have witnessed the same happening when shopping myself. If the hazard cannot be rectified then a wet floor sign should be clearly displayed to warn of the danger. Obviously in the case of a spillage it would be prudent to clean up the spillage with a mob and bucket and to then display a wet floor sign until the floor is dry and the danger is gone.
Read More