Year: 2020

Understanding the Value of a Cycling Claim
Many of us are cycling more at the moment. Richard Meggitt, Partner at ASD Solicitors, explains what you can claim for following a cycling accident. Most cyclists understand that if they suffer injury as a result of someone else’s negligence they can claim damages for personal injury. See our guide here. In this article I set out other claims that can be made in addition to General Damages (compensation for injury).

Real Understand of the value of your Bike

I understand that your bike may have cost many thousands of pounds, and in some scenarios can have a value above that of the car that struck you. In addition to the purchase cost you may have spent hundreds of pounds on extras such as GPS trackers or performance pedals. Bikes often suffer major damage in seemingly minor collisions.

If it is economic to repair i.e. the cost of the repair is less than the value of the bike, I seek to recover the cost based on an estimate. If the bike is beyond repair, I will look at the purchase cost of the bike and the equipment. As a general rule you are entitled to claim the pre-accident value of the bike. This will depend on the age, condition, purchase price. A purchase receipt is ideal but not absolutely necessary. In addition to recovering the pre -accident value of the bike additional extras for equipment can also be recovered. The value of these extras is generally the purchase price less a percentage to cover for ‘wear and tear’. If the equipment is almost new the reduction will be minimal, if it is, say, 3 years old the deduction could be as much as 50% depending on use.

Safety Equipment

Clothing, helmet, cycling shoes can all be damaged in an accident. Indeed, after an accident the helmet should not be re-used if it has suffered a blow. Similar to bike equipment the purchase cost of these items can be claimed less a percentage for wear and tear, depending upon age and use. An original purchase receipt is useful bit not a prerequisite.

Other losses following a bike accident may include:-
- loss of earnings;
- medical expenses, such as the cost of
  physiotherapy or psychological treatment;
- travel expenses. For example, if you would
  normally cycle to work but have to take an alternative method transport
  then taxi fares etc may be recoverable;
- care and assistance provided by family members
If you need further information about how to make a cycling claim, please call 0114 2678780, email Richard Meggitt at [email protected], or complete our online form today to submit a claim. We have been assisting local cyclists
since 1984.
May 6, 2020
Accident at Work – what to do next

There’s a lot out there about claiming compensation after an accident at work, so much in fact that you can feel flooded with jargon terms like ‘no win, no fee’, ‘personal injury claim’ and the like. Below is an easy summary of the criterion needed to make a personal injury claim and some advice about how to do it, with special relevance for those who work in the Lincolnshire or Yorkshire areas of the UK .

Can you make a claim?

The criteria for making a claim is pretty simple. If you’ve suffered an injury, illness or disease because of your employer’s negligence then you can make a personal injury claim for compensation. “Personal injury” covers everything from a twisted ankle to asbestosis. All you have to do is prove that your injury was caused by the negligence of another party and you have grounds for a claim. In the work place this often relates to unsafe equipment, poor health and safety regulations or anything which puts an employee in danger as they carry out their work. Last year there were more than half a million non fatal injuries at work as reported by the Health and Safety Executive. Although health and safety is gradually improving, injuries do happen.

Who to go to

If you’re reasonably confident you’ve got grounds for a claim the next step is to get in contact with a specialist solicitors firm. A solicitors firm is a safer bet than an accident claim company, as the latter simply act as a middle man between you and a solicitor, selling cases on for a profit. This means they sometimes don’t have the expertise they claim to.

Go to a firm which deals primarily in personal injury claims. They’re more likely to know the minutiae of detail relating to personal injury law than a firm which offers a broader variety of services, and naturally they’ll have extensive experience in personal injury claims. Find a firm that is able to provide a no win no fee service with a clear fee structure..

A really important thing to look for is a firm which can offer a face-to-face service. An accident at work can be a traumatic experience so you’ll want to make the process of claiming as stress-free as possible. If you live in Yorkshire or the surrounding area, there are firms available that will come to your home in order to talk through what happened and what you want to do. Seeing your solicitor in the flesh gives you the opportunity to control exactly what your case will be made up of and the reassurance that you won’t become an anonymous voice amongst many. Make sure you have basic details like the date of the accident, what happened and any kind of evidence you can gather that can be used in your case.

If you are ready to make a claim for your accident at work – visit our form here and one of our team will get back to you.

If you are sacked for refusing to work in an unsafe environment then you can potentially claim unfair dismissal at an Employment Tribunal.

If you’ve had a workplace accident due to manual handling, a fall from height, poor PPE, or defective equipment, call 0114 2678780, email Richard Meggitt at [email protected], or complete our online form today to submit a claim.

April 3, 2020
What are “Special Damages”?

In a personal injury case, the compensation is split into two different types of loss: general damages and special damages. The differences between the two types of damages are subtle but profound. We’ll start by discussing what general damages are before explaining what special damages are, and further breaking down the different types of special damages.

General Damages

General damages refer to damages to the individual relating to pain or suffering caused by an injury. General damages cover physical or psychological damage caused directly by the accident, including loss of amenities. Because all injuries vary slightly from case to case, the amount received changes depending on the case and the severity of the injury. The amount is determined by your lawyer and is then either approved by the compensator or decided by a judge. The Judicial College Guidelines set out the parameters for valuations to ensure a general standard is adhered to.

Special Damages

The difference with special damages is that they relate to financial losses caused by the accident, rather than for any physical pain or psychological suffering endured by the individual. Special damages also differ from general damages in how they are calculated. Special damages have a fixed monetary value.

There are plenty of examples of special damages, here are just a few:

Loss of Earnings

If an injury results in the individual having to take a substantial amount of time off work, the injured person would be entitled to claim for the income they otherwise would have received had they been able to work. Sometimes this is in the form of sick pay rather than a loss of earnings. If this is the case and if for any reason you have to repay your company, this would be reflected in your claim, which would then cover the repayment.

Claims can be made for more than just loss of earnings, however. In some cases, depending on contract details, it may be possible to claim for loss of overtime or bonuses too. On top of this, if your company has a pension scheme it is also possible to claim for lost pension. If an injury requires the individual to take an early pension when they weren’t planning to, the compensation can be very large.

Self-employed people are also entitled to loss of earnings and loss of profit providing they can show accurately the sum they would’ve expected to receive by presenting accounts and tax returns as evidence.

Finally, if for whatever reason the injury causes the claimant to take a lower paid job because they are no longer physically able to do their previous job, they are entitled to compensation equal to the difference in the two salaries.

Medical

Fortunately in the UK we are lucky to have one of the best health services in the world, where we can get most treatments for free. However, if for whatever reason a person requires treatment above and beyond the scope of the NHS, or the person chooses to use private health care even if they could use the NHS, they are still entitled to have this covered by the claim. For example, physiotherapy, chiropractor visits, and dentistry can be used by the claimant in the knowledge they’ll be covered.

Similarly, the cost of any medicine needed can also be claimed for, including subscriptions and medical equipment.

Care & Assistance

In a lot of cases where someone has been injured, especially injuries serious enough to take time off work for, the injured person often requires care and assistance. Usually this care is provided by friends and family.

However in some cases the individual may not have anyone like that to help them and they may require assistance from a third-party care provider. In these cases, such expenses can be covered by your claim, and in some cases it is even possible to claim for the care provided by friends and family, even if they have not been paid for it.

Especially serious cases of injury, like paralysis or head injuries, can result in much larger pay-outs for care and assistance as it is likely they will require some form of daily care for the foreseeable future. This is significantly more expensive than a one off or a short spell of visits to a physiotherapist, for example.

Travel

If the injury requires the claimant to attend medical appointments to which they are required to travel, they would be able to claim compensation for these journeys. Things such as taxi fares, bus fares, mileage if travelling by car, and parking are all claimable.

By no means is this an exhaustive list all of the special damages that are available to be claimed, but it does give a good selection of the most common ones. Most expenses, if it can be proven that they were directly caused by the accident, can be claimed for in one way or another.

It is strongly advisable that you employ a qualified lawyer to assess your claim, as special damages can be especially hard to calculate. Making sure your claim is accurate and nothing is missed is in your interest as people who try to settle their own claims, more often than not, receive much less than those who contact a personal injury solicitor.

If you have been injured and need some assistance, the team here at Accident Solicitors Direct would love to help. We have over 35 years of experience in personal injury litigation, giving us the tools required to help you receive the compensation you deserve.

If you’ve had a workplace accident , traffic road accident, pedestrian, cyclists, or motorcyclists accident and suffered injuries, you can make a claim by calling on 0114 2678780, email Richard Meggitt at [email protected], or complete our online form today to submit a claim.

April 1, 2020
This guide has been prepared to assist employees during the coronavirus pandemic.

Staying at home

If you have symptoms of coronavirus infection, however mild, stay at home and do not leave your house for 7 days from when your symptoms started.

Self-isolation and sick pay

Employees and workers must receive any Statutory Sick Pay due to them if they need to self-isolate because:
– they have coronavirus
– they have coronavirus symptoms, for example, a high temperature or new continuous cough
– someone in their household has coronavirus symptoms
– they’ve been told to self-isolate by a doctor or NHS 111
If someone has symptoms, everyone in their household must self-isolate for 14 days. Those who live alone must self-isolate for 7 days.
If an employee or worker cannot work, they should tell their employer:
– as soon as possible
– the reason
– how long they’re likely to be off for
The employer might need to be flexible if they require evidence from the employee or worker.

Find advice about self-isolating on NHS.UK.

My employer wants me to come to work even though I feel ill, what should I do?

Employees should take time off work if they are ill. The Government is clear that employers should support their staff’s welfare, especially during an extended response.

My employer wants me to come to work. How do I respond when I don’t have a sick note?

Employees should take time off work if they’re ill.
By law, medical evidence is not required for the first 7 days of sickness (that is, employees can self-certify). After 7 days, it is for the employer to determine what evidence they require, if any, from the employee. To make it easier for people to provide evidence a form will shortly be available through NHS 111 online.

Will my boss believe that I need to be at home? Will it risk my job?

Employees should take time off work if they’re ill.
By law, medical evidence is not required for the first 7 days of sickness (employees can self-certify). After 7 days, it is for the employer to determine what evidence they require, if any, from the employee.

Working from home

I can’t work from home. There’s no space and the kids get in the way. Can my employer make me work from home?

You should discuss your situation with your employer. The Government expects most employers and employees to reach a sensible compromise and come to a solution that best meets both parties’ needs, bearing in mind the latest public health advice.

Sick pay

Will my employer be obliged to pay me while I stay at home?

Statutory Sick Pay will be paid from day 1 instead of day 4 for those affected by coronavirus.

What about if I have a zero hours contract?

You may be entitled to Statutory Sick Pay. Check with your employer if you’re unsure.
If you’re not entitled to Statutory Sick Pay, you may be able to apply for Universal Credit or Employment and Support Allowance (ESA)

What about if I’m self-employed?

You can apply for Universal Credit.

What if the whole family has to stay at home and there’s no income coming in?

If no one is getting Statutory Sick Pay, the family can apply for Universal Credit.

March 18, 2020
Coronavirus Update

We are fully operational and we have comprehensive plans to continue ‘business as usual’.

If you wish to make a new enquiry our Solicitors are here to help 9am to 9pm. We continue to accept new cases and recommendations through the website, by email and telephone.

As a precaution, we are now limiting face to face meetings with new and existing clients. Please do not visit the office without an appointment until further notice. Meetings will now take place on the phone or on Skype/FaceTime if you have that facility.

All our staff have been briefed to follow Government guidelines regarding hygiene and to take the appropriate steps, including self-isolation, should they suspect that they have contracted the virus.

We will continue to review the situation and will let you know if anything changes.

For advice as to the value of your claim please call 0114 2678780. You can also mail Richard Meggitt at [email protected], or complete our online form today.

March 16, 2020
Why Do Some People Get More Than Others For Similar Injuries?

This is one of the most common questions we get from clients. People are often angered when they realise a friend or colleague received more compensation for what they perceive to be an identical injury to their own. In this article, we’ll explain why this happens and which factors directly affect the amount you receive in compensation for an injury.

But before we drill down into each factor, it’s important to understand exactly what personal injury claims are for. The compensation awarded is also known as “Pain, Suffering and Loss of Amenity”. These three factors, to put it simply, are added together and monetised to determine how dramatic an effect the injury has had on your life and therefore how much you deserve in compensation. This is why the amounts vary, because they are always relevant to the individual.

Compensation for the physical injury

Every case is different, and no two injuries are identical. In every case a medical report is obtained to set out the injuries the client has suffered. The building blocks of any personal injury claim is the medical evidence. A solicitor will review the value only when the opinion is definitive and final prognosis given. The value, for example, of a ‘whiplash’ claim will differ from case to case dependent upon a variety of factors including duration of symptoms, the degree of pain, time off work, effect upon hobbies, any pre-existing symptoms which have been made worse, nature and extent of medical treatment. These factors and others can mean the difference of thousands of pounds for similar injuries.

Another example would be to compare a middle-aged man working behind a desk in a corporate business, and a teenage girl. If they were both in an accident and cut their heads in the same place, with the same sized scar as a result, who do you think would need more compensation? Based on case history, the girl would be likely to receive more compensation, as the injury would potentially affect her much more than it would the man. This is because although the pain is the same for both, having a facial scar as a young girl can be much harder to deal with, perhaps even leading to psychological issues such as anxiety or depression, due to society’s stereotypes of beauty.

Compensation for loss of earnings

The compensation a person is awarded will often be heavily dependent on how much a person earns and how long they have to be off work for. For example, two people at the same company could both suffer the same severity of whiplash in a car crash. However, if one earns £500 a week and the other only earns £250, they would receive different amounts of compensation, even if they’re both off work for the same amount of time. The higher earner would obviously seek to recover more.

Compensation for care and assistance

Another factor which is considered when deciding how much money a person is awarded for a claim, is whether or not they need any additional care. The term ‘additional care’ applies to more than you might expect. For example, as well as any medical care, an injury victim might also receive compensation for having to hire gardeners, decorators or cleaners to name just a few. Anything that the claimant has to pay for which they would ordinarily do themselves is eligible to be refunded as part of the claim. However, these only apply when they are relevant.

Ruined Holidays

Another consideration is whether the victim was injured before a pre-booked holiday. If the victim suffers an injury which means they cannot enjoy their holiday to the fullest, then they may be entitled to compensation towards the cost of the holiday. The amount of that compensation often relates to the cost of the holiday, so for example, a claimant with a booking for a fortnight’s holiday to California would likely receive more than a person with a booking for a weekend’s caravan holiday in Cornwall.

Other Losses

This could include traveling expenses resulting from the accident, damage to personal items such as jewellery, vehicle hire, medical treatment, such a physio and a partner’s loss of earnings if they have to take time off.

Future Losses

Injuries which are serious and significant can often be life changing. This can mean that a person’s earning capacity is affected. In these cases, the claimant may be entitled to compensation for loss of future earnings. This amount varies depending on the person’s past earnings, future earning capacity, age and family situation.

These are some of the main factors that determine how much you are entitled to in compensation. To maximise the potential of getting the most compensation available to you, it is important to get in contact with an experienced personal injury solicitor.

If you’ve had a workplace accident , manual handling, a fall from height, poor PPE, or a traffic road accident, a pedestrian, cyclists, or motorcyclists accident and you suffered an injury, you can make a claim. For advice as to the value of your claim please call 0114 2678780. You can also mail Richard Meggitt at [email protected], or complete our online form today. They will meet with you face to face to gather all the information they need to get you what you deserve.

February 3, 2020
21 Common Mistakes Personal Injury Clients Make
Without further ado, here is a list of the 21 mistakes someone may make in their personal injury claim:

Not seeing your solicitor in person.

I am of the opinion that when someone is injured and thinking about making a claim the first meeting should be ‘face to face’ with a solicitor. That is true even in relatively minor cases. Dealing with an unqualified person over the telephone or through ‘form filling’ is no way start a relationship with a law firm.

Believing you have to use your Insurer’s Law Firm.

Insurers often give the impression that a client has to use their recommended lawyers. This is not true! A client is free to shop around and use a local firm. An insurer’s law firm may not be the best option, your claim may not be dealt with by a qualified person, they are unlikely to be local and the volume of cases they deal with can be very high. They may still charge you more than a local firm.

Thinking your question might be stupid so not asking it.

Some adverts suggest that making a personal injury claim is easy, so you might feel you can’t ask a question. Do not think like this. This is your claim and you have a right to know what is going on. It isn’t your day job to understand this area of law. Ask, ask, ask. I bet your lawyer couldn’t do your job. Personal injury law is really complicated. Frequently my experienced team of solicitors will disagree on a point – which proves that there aren’t always black and white answers to questions. So feel free to ask your lawyer.

Assuming a compensation claim will be easy.

I never tell my clients this because it rarely is all that easy. Sure, some claims, particularly road accidents can be fairly straight-forward, but most claims have their complexity. And I never think that bringing a claim against an employer [link to Accidents at Work] is easy. It is something that you need to think about carefully. You never know, when you bring a claim, whether you will need to go to court to give evidence as a lawyer cannot know how the other side will approach your claim. Discuss the advantages and potential disadvantages of bringing a claim.

Failing to keep key evidence.

In the immediate aftermath of an accident, clients are understandably preoccupied with their injuries. However, once you have ensured your safety, the next thought should be to preserve as much evidence as possible. For example, if you have a mobile phone with a camera, take as many photographs or videos as you can. Write everything down. The earlier a note is written down, the more weight it will carry should it be needed for court in due course. Make sure you obtain the contact details for any witnesses present. It is always for a Claimant to prove his or her case and not the other way around.

Settling your claim without obtaining medical evidence.

Insurers sometimes respond to a claim by offering a sum of compensation immediately. A lawyer will find it nearly impossible to value your claim without medical evidence, unless you have made a full recovery in a matter of weeks. Occasionally it might be worth accepting such an offer, but I would approach any offer with a healthy dose of scepticism.

Choosing to rely on a GP’s medical report only.

I have lost count of the number of times the prognosis of a GP expert witness has been wrong. What does GP stand for? General Practitioner. I have had clients with injuries which I know the GP has misdiagnosed, and I have said to my clients that they should demand of their GP that they are referred to a consultant. In most cases I will instruct an orthopaedic surgeon for orthopaedic injuries rather than a GP.

Assuming that all law firms are the same.

Many people injured in a road accident use the law firm allocated to them by their insurance company, without questioning whether this law firm is any good. Shop around, use the internet, ask yourself a few questions:
- Is this law firm near you?
- Can you meet your solicitor ‘face to face’?
- Do you trust them?
- Not just that, ask the person handling your case some questions too:
- Are they a qualified solicitor?
- How many clients do they have at any one time? I know of a firm where the paralegals (case handlers who are not even qualified) have up to 500 road traffic accident clients at the same time!
It’s your case – so choose your own lawyer. Many clients feel that they cannot change law firms, but it may be the best option, particularly if your injuries are serious [link to Serious Injury].

Assuming all lawyers are equally skilled and experienced.

We are not! I wouldn’t dream of advising on a house purchase, but I can count on one hand the number of times a client has asked me whether I have dealt with a claim like theirs before. Make sure your lawyer knows his or her stuff. Personal injury claims are hugely important, so don’t trust a novice with your case.

Settling your claim too soon.

I hate it when this happens. My best advice is, if you can, only settle your case when you have made a full physical and psychological recovery. Of course, some injuries are permanent, but if this is the case, make sure that the medical evidence is final. Why is early settlement a problem? Well, say for example, a medical expert states you are likely to make a full recovery in one year, and you settle your claim before that year is up. You are still injured – your injuries might continue beyond the expert’s prediction. If you do continue to suffer, then the chances are you have settled your injury claim for less than it is worth. Once settled, you cannot go back for more, except in rare circumstances.

Believing you can deal direct without a lawyer.

Often insurance companies will try and settle a claim directly with you and tell you that lawyers complicate things – that you will get a better settlement without all those legal fees. This is nonsense. I have spent my professional career bringing claims against insurers. I once had a client who was tempted to accept an insurer’s offer before medical evidence had been obtained. The offer was £5000. He instructed me, and I subsequently recovered £175,000 on his behalf.

Failing to keep records of financial losses.

This is a problem for every personal injury lawyer in the country! Every time you incur a cost because of your accident – or even every time a friend or relative incurs such a cost – write it down. Keep any receipts, record it on your phone, or send it to your lawyer. You should view making a personal injury claim as if you are making any type of insurance claim. Imagine – heaven forbid – that your house is broken into and your wedding ring is stolen. When making a claim on your insurance your insurer will want to see proof of purchase or ownership, and who can blame them? Even with small costs, such as parking at a hospital, physiotherapy appointments and additional take-aways because you cannot cook due to your injuries – the sums all add-up and are potentially claimable. Your lawyer should advise you on what can be claimed.

Failing to inform the medical expert of all symptoms.

Another bane of the personal injury lawyer’s work. If your lawyer sends you to a medical expert, and you don’t tell the doctor about all of your symptoms, it is very unlikely you be able to change the resulting report. Medical reports are crucial in personal injury claims. Reports document your injuries and your prospects of recovering from them. You cannot rely upon the doctor to ask exactly the right questions and extract all information about your injuries. Do not be afraid of doctors. If a doctor doesn’t ask you something and you think it is important, volunteer the information. If your injuries are not mentioned in a medical report, it’s unlikely that you will be compensated for them.

Not telling your lawyer about the mental/psychological side of an injury.

Psychological injuries should not be underestimated;

· Are you losing sleep?
· Has the accident affected you at work?
· Is the accident causing stress at home?

Psychological injuries can often be more significant than the physical. It is nothing to be embarrassed about. Make sure that you tell the medical experts how you are feeling.

Assuming that your lawyer always has your case in their mind.

If only this was true. A personal injury lawyer may have over 200 clients at any one time, depending upon how complex the claims are and how much help they have. Some unqualified paralegals have 500 claims. My recommendation is that a client should frequently engage with their lawyer, nudging the lawyer if the lawyer appears to have forgotten them. Incidentally, if you become aware that your case handler has a ridiculously high number of claims to deal with, you should look into changing to another firm of solicitors.

Not accepting a reasonable first offer.

My clients are often told by friends or family not to accept the opponent’s first offer. This may be correct in some circumstances, however if the offer is reasonable and fair it may be appropriate to accept it, even if it is the first offer that the insurer has made.

Worrying that a court hearing will involve a visit to a Court.

A civil claim, like a personal injury claim in the unlikely event that it goes to a trial, will be in front of a judge, not a jury. It’s not scary. In any event I estimate that less than 5% of claims go to trial.

Taking legal advice from unqualified friends and family

Everyone has an opinion about a claim, from a family member to the bloke in the pub. If you have a question, ask your solicitor. If you ask a question and can’t get a satisfactory reply, consider changing solicitors. Comparing the value of claims with other people’s awards is also a common error. Everyone’s claim is different, the value of the claim will depend on the medical evidence, you have instructed a lawyer to value your claim, leave it to your solicitor to value your claim.

Exaggerating claims

You may be tempted to exaggerate the extent of your injuries or inflate the value of your loss of earnings. Don’t do it! This can lead the insurers alleging fundamental dishonesty which, if proved, will lead to no compensation, a costs order against you and even a custodial sentence.

Social Media – be careful what you post

Many of us use twitter, Facebook, Instagram on a daily basis. Insurers routinely access our client’s social media accounts. Insurers will use this to gather information to contradict a client’s case, for example the nature and extend of the injuries. Be careful what you post as this could be very damaging to your case.

Unclear fees

Understand from the firm you instruct what you will have to pay if the claim fails and what you will have to pay if you win. Some personal injury firms have a fixed deduction of 25% of damages, others will deduct a premium for an insurance policy. How much is it and when does it have to be paid?

If you would like to make a personal injury claim with experienced, specialist solicitors, contact Richard Meggitt of ASD Solicitors [link goes to a different solicitors website, is this correct] for a chat about your case. We offer free consultations in your home, at our office or on the telephone with no obligation to proceed further. Our fee structure is simple and easy to understand with no loans, interest or insurance premiums to pay.

We have been acting for local people like you since 1984.

If you want to make an injury claim, call us on 0114 2678780. You can also email Richard Meggitt at [email protected], or complete our online form today.
February 3, 2020