It is a sad fact that in previous years many people have worked in unsafe environments in buildings where they have been exposed to Asbestos. An unfortunate side effect of this is that they may succumb to the illness Mesothelioma – a lung tumour caused by exposure to asbestos. The question is can they claim and if so how?

The situation in the case of Fairchild v Glenhaven Funeral Services was exactly the same as the situation above and all the individuals claiming had contracted Mesothelioma through working for several different employers over a period of years.
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One of the blackest days in recent sporting history happened in April 1989 at Hillsborough Stadium during an FA Cup tie between Liverpool and Nottingham Forest when officers with South Yorkshire Police caused the stands where spectators were sitting to become overcrowded which in turn caused 95 people (mainly Liverpool Supporters) to be crushed to death.

One the outcomes of this was a case called Alcock v Chief Constable of South Yorkshire which was heard at the House of Lords and is relevant in dictating who is allowed to bring a claim for psychiatric illness.
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At some point in all our daily lives we deal with professionals whether it be our local doctor or solicitor. In today’s blog post I will provide a review of the case which dictates (in legal terms) the level of service you should expect from professionals.

The case is Bolam v Friern Hospital Management Committee, and the facts of it were that the Claimant (Mr Bolam) was suffering from acute depression and was undergoing electric shock treatment to treat this. The unfortunate effect of this for Mr Bolam was that it caused him to have muscle spasms which were so severe it caused his pelvis to be fractured. As a result Mr Bolam sued the hospital treating him and argued that:
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The basic legal principles as to how you can bring a claim for injuries (particularly in product liability claims) were set down in the House of Lords back in 1932 some 78 years ago. Today’s article looks back at this case and how it still is relevant today.

The case stemmed from Mrs Donoghue visiting a cafe with her friend in Paisley. Her friend bought her a ginger beer float (which is a glass of ginger beer with ice cream floating on top) importantly the contents were contained in an opaque bottle. Mrs Donoghue proceeded to take a sip from the bottle and then when her friend topped up the drink the remains of snail came out of the bottle. As a result Mrs Donoghue said the sight of it made her ill.
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Cerebral Palsy is a collective term for muscle impairment disorders which are consequential to damage caused to the brains motor ‘area’.

Cerebral Palsy most commonly begins during pregnancy and it is often the case that you will not know your child has the condition until months, even years, after the birth. There are several causes and the majority of the time they cannot be prevented no matter how careful you are during pregnancy. You can take precautions by ensuring that you watch the level of alcohol and cigarettes consumed during the pregnancy.

However, there are a small percentage of cases which have been caused by clinical or medical negligence;
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I mentioned in my latest article (Dangerous Dozing Drivers) that road traffic accidents are not uncommon – and we at The Injury Lawyers take on a great deal of new road traffic accident claims on a daily basis. But what should you do if you have been in an accident that wasn’t your fault? Well here’s a little friendly advice for you: –

1. Don’t Panic!

I know – this is a lot easier said than done! And of course is rather circumstantial if you have been involved in a big car accident… But try not to panic and try to remain calm. It’s likely you are in shock from the impact, and may be feeling a little dazed and unsure what to do. This is probably the hardest part – but if you can keep your head together, then the next steps might be a little easier.
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Road traffic accidents – they’re the most straight forward of cases to run when it comes to personal injury claims. In the vast majority of instances, the blame is easy to establish. And there are many ways a driver can be negligent and cause an accident – so here’s an example from the Daily Mail today!

According to sources from the Mail, famous British adventurer Sir Ranulph Fiennes has been allegedly involved in a multi-car head on collision after falling asleep at the wheel of his Jaguar (source)
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Picking up on the earlier article about parental indemnity settlements, I want to draw attention to the increasing trend by the other side’s insurer to make so called “pre-medical offers,” These offers come into play at an early stage of the claim if the other side admit fault for your accident they will often put forward an offer of anything between £1,000.00 and £2,000.00 (and sometimes several offers in quick succession) to bring your claim to an end. When I first began working in personal injury law nearly three years ago I noticed that these offers were rarely made by insurers but in the last year particularly almost every insurer will make an offer of this kind if they admit liability for your claim.

The rise of this tactic by insurers is probably a result of the fact that more people are becoming aware that they can claim for compensation from accidents and so many insurers are looking to cut their losses by throwing money at your claim which may not necessarily be a fair and accurate reflection of what it is worth.
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I don’t know about you, but I can sympathise with anyone who has ever been a little nervous stepping on to a plane. Let’s put it into perspective; that massive white metal barrel your stepping in is going to be flying tens of thousands of feet off the ground! So you’d like to think that airlines and airports take safety very seriously. But according to two separate report s from the BBC, we may not be as safe as we think…

According to a recent report from the BBC, a Swedish pilot was arrested by Dutch police just moments before he was to take off in a jet from Amsterdam to Turkey carrying 101 people – without a license! (source)

According to Turkey’c Corendon Airlines, the unnamed 41 year old mad has been flying for the airline for two years, and were quoted to have said the perjurious pilot “expertly misled the company with his false papers”. The man in question once had a license to fly small planes, however this was overdue, and doesn’t really  stand as much comfort for anyone to be honest either! According to the report, the man was “relieved his long deception was uncovered and tore off his pilot’s stripes in the cockpit.” He is now rightly in police custody  awaiting trial.
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Today’s blog entry is aimed at those readers who are parents and serves as a warning of how the responsible party’s insurers can put you at risk if your child is involved in an accident that wasn’t their fault.  To put this into some context I will provide a quick capsule review at how you can claim on behalf of your child if they are injured in an accident.

The usual way of claiming is that your solicitor will appoint you to represent your child’s interests and you will be their point of contact with the solicitor. If your child’s claim is accepted they will have a medical appointment with a consultant who then prepares a report that your solicitor sends to a barrister who will value your claim. The next step is for court proceedings to be issued so as a judge can conduct a hearing to determine the level of your child’s compensation which should then be held on trust until they are eighteen and old enough to decide how they want to spend it.
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