You will find here the latest news from the personal injury legal industry as well as information relating to Bott & Co and our company developments and events.
Personal injury law currently has a high profile both politically and in the mainstream media and there is a good deal of news items relating to personal injury. While Bott & Co stress the importance of keeping the rights of the injured victims at the forefront of any debate, this view doesn't always appear to be supported in the wider news coverage.
We will keep you informed through these latest news articles on any industry and business developments.
Road safety charity Brake have launched a campaign to prevent collisions by encouraging drivers to turn off phones or put them in the boot to prevent multi-tasking.
A petition by more than 5,000 people calling for the introduction of a Strict Liability law in Scotland has received cross party support from Members of the Scottish Parliament.
Cyclists have called for better safety education after a sixth cyclist in just 13 days was killed in the capital on 18th November 2013.
This most recent collision between the bicycle and a lorry happened in South London just before lunch time as the lorry appeared to turn left and ended up running over the cyclist with one of the rear wheels.
A review to be carried out by Justice Ramsey, the judge charged with implementing the reforms has been met with mixed reactions from personal injury lawyers.
David Bott, Senior Partner of law firm Bott & Co will today address the Association of Personal Injury Lawyers (APIL) conference when he delivers a joint speech on funding, alongside James Hunt from the Allied Irish Bank.
The conference, which is taking place at the Marble Arch Hotel in Central London, will hear the former APIL President talk about how law firms can work and operate with practical advice on operating costs and funding.
Section 69 of the Enterprise & Regulatory Bill came into force on 1st October, which effectively removed strict liability from employer’s liability cases.
The Act, which will replace section 47 of the Health and Safety at Work Act 1974, will place the burden of proof onto the claimant and requires them to prove their employer was negligent. Under the previous practise the employee is only required to prove that a statutory breach of health and safety occurred, which requires a much lower standard of evidence.
Four members of a gang from Sheffield have been found guilty by Sheffield Crown Court of ‘crash for cash’ fraudulent claims worth more than £250,000.
The trial, which ended after a six-week hearing heard how the gang submitted 26 fraudulent claims for personal injury when gang members, Mohammed Gulzar and Shoaib Nawaz filled a bus with ‘fake’ passengers in order to stage a crash and rake in the compensation.
A taxi company in the North East has installed internal and external CCTV across their entire fleet to prevent fraudulent whiplash claims and increase security.
Owner of the firm C&D taxis, Chris Waterstreet, decided to take measures after seeing the firm’s insurance premiums double over the last three years.
The UK’s second largest car insurers, Admiral revealed a 6% rise in half year profits from last year and has admitted over providing for claims from 2010 to 2012.
Three Liverpool men have admitted deliberately causing a collision between a coach and a car in Manchester, in a bid to claim thousands of pounds of whiplash compensation.
Liam Gray aged 26, Ben Carberry, 20 and Kevin Hamilton, 35 all pleaded guilty to charges of conspiracy to fraud in Southwark Court after a series of investigations by the Police’s Insurance Fraud Department (IFED).
The latest insurance scam to hit Britain’s roads involves drivers being flashed by other motorists’ lights, in what appears a polite gesture but turns out to be a trap, luring the innocent victim into a collision.
Neil Thomas of anti-fraud investigation specialists, The Asset Protection Unit said: “By appearing to offer the right of way, the criminal simply continues to journey into a collision, holding the victim at fault for turning across him, which of course, cannot be denied under law.”
A review of the current costs solicitors can claim in cases where the third party is uninsured or untraceable has been called for by the Association of Personal Injury Lawyers.
Both sides of the personal injury industry have reacted to the Transport Select Committee’s Cost of Motor Insurance and Whiplash Report and the recommendations made in it.
The document released on 31st July was highly anticipated and social media, blogs and legal news sources have been alive with discussion and opinion on the issue.
The House of Commons Transport Select Committee has today published a report into the cost of motor insurance and whiplash. The report comes following the Select Committee hearing evidence from key figures within the industry about how the cost and number of whiplash compensation claims can be reduced.
Desmond Hudson, Chief Executive of The Law Society has today warned that victims of accidents who receive brain and spinal injuries should seek the advice of a specialist solicitor or risk losing out on vital compensation.
Mr Hudson said: “Serious and debilitating injuries, loss of earnings or an inability to lead a normal life must not to be glibly dismissed in the myth of ‘compensation culture’.
Insurers have launched a scathing attack on the Law Society’s Don’t Get Mugged campaign.
The Association of British Insurers (ABI) has called the campaign ““a gross error of judgment” and “little more than public name-calling”. Otto Thoresen, Director-General of the ABI said in a letter to new Law Society chairman Nick Fluck: “Your campaign is a gross error of judgment, represents a deeply regrettable resort to little more than public name-calling and it comes as a matter of considerable surprise that a professional and well-respected organisation such as the Law Society is prepared to lower itself to such action.”
Chinese media are reporting that China could be set to introduce flight compensation for delayed or cancelled flights, in a bid to tackle poor flight records in the country. If the idea goes ahead, it could open up for hundreds of thousands more claims for flight compensation.
A report published this week by one of the world’s leading insurers, Axa has called on the government to adopt a series of recommendations which include imposing a three-day limit in which whiplash claims have to be recorded if they are to succeed, and making it mandatory for there to be physical evidence such as an MRI scan or an X-Ray to back-up a whiplash compensation claim.
Axa believes that its recommendations would reduce the number of fraudulent and exaggerated whiplash claims. In the report, it states that there have been some cases whereby a whiplash diagnosis has been given over the telephone by a doctor rather than face to face.
Staff at Bott & Co raised £5,000 for charity on Sunday when they cycled 60 miles from Manchester to Blackpool in aid of Cancer Research and the Spinal Injuries Association. Over 20 employees at the law firm were joined by the official Bott cycle team which includes Roy Holmes, the current British Cycling and LVRC 50+ Road Race Champion.
To conclude Don’t Get Mugged Week we look at the story of how a victim in a serious scooter accident was offered £10,000 but thanks to our personal injury solicitors secured £430,000 compensation. That represents a massive 4200% increase compared to the original offer which coincides with the Law Society’s own campaign which advises claimants to think twice before saying ‘yes’ to the first compensation payment offered.
The 22 year old claimant was forced to retire as a mechanic when he was knocked off his scooter in 1996. Whilst travelling along a one-way street a car pulled out to his right and collided with him. He was left with a fractured scaphoid bone in his wrist and soft tissue injuries to the neck and shoulders. On his first visit to the hospital doctors did not diagnose the fractured scaphoid, which led to severe complications as the untreated fracture eventually caused the bone to die which resulted in pain and limitation of wrist movement, due to stiffness.
Following on from yesterday’s whiplash claimant, today’s “don’t get mugged” case study features another whiplash claim, where the insurers accused the claimant of fraud.
With insurers offering incentives and trying to encourage victims of road traffic accidents to claim without legal help, it is important to remember the role of a solicitor. The Law Society’s latest “Don’t Get Mugged By An Insurer” campaign is all about promoting the work of personal injury solicitors. It is the solicitors job to act in the best interests of a claimant and use their knowledge and experience to advise clients and fight for the amount of compensation they deserve.
The President of the Law Society has urged the Justice Minister, Helen Grant to delay the implementation of the new fast-track system and portal expansion stating that it is “unacceptable” that the government have not published new procedure rules for the reforms which come into effect on 31st July 2013.
The extension of the road traffic accident (RTA) portal will mean that from the end of July 2013, the portal will cover both public and employer liability claims. The reforms will also mean that there will be fixed fees for all claims valued at up to £25,000 - the majority of cases fall into this category.
Today’s “don’t get mugged” case study focuses on a whiplash claimant who was originally offered £3,300 after his car was struck by a combine harvester. With the help of our specialised road traffic accident solicitors his final settlement represented a 51% increase from the first offer.
The National Air Traffic Control body (Nats) experienced delays as a result of computer problems at Swanwick air traffic control centre, in Hampshire earlier this afternoon. The incident affected aircraft flying into and out of Southern England, and may have a knock on delay which could affect thousands of airline passengers.
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