Category: Company News

  • Avoid the Pitfalls of Solicitors Appointed by an Insurer

    Injured in a road traffic accident? Within a matter of hours you are likely to be referred by an insurer to a solicitor without even realising it. The solicitors are often owned by an insurer. Your claim will be dealt with by an unqualified claim handler who you will never see and may not be able to speak to. Their knowledge of the law will be limited because of their lack of qualifications and training. It is likely you will be seen within a few weeks by a GP and your claim could be settled within a matter of weeks.

    It doesn’t have to be like this.  A solicitor should be the first point of contact for an injured claimant. Better still, a solicitor should see the claimant at their home or work at time convenient to them.

    Most importantly, I believe it is important that injuries are assessed properly by suitable qualified experts.

    At ASD I ensure that injured claimants are seen ‘face to face’ by a solicitor immediately. Full details are taken and arrangements are made for the client to see an orthopaedic surgeon in every case where there’s an injury to the neck or back. The client isn’t examined until at least two and a half months post accident. This ensures the injury is properly investigated and the client gets a proper settlement. If an MRI scan is required we fund it. In about 1 in 15 cases a scan is recommended of those about 1 in 10 of our clients have damage to their spine in the form of a prolapsed disc or bulge. The difference in value can be significant.

    I am passionate about acting for local people who have been injured on the road or at work. I believe clients would be much better served by a local firm rather than a national one.

    Richard Meggitt

    Solicitor / Director

    Accident Solicitors Direct

    Sheffield

  • Why choose ASD for your personal injury claim? We are solicitors – not a claims management company

    The first point of contact for an injured person should be a Solicitor. Sadly since the late 1990s many injury victims have been drawn into contacting claims management companies. These unqualified claims handlers exist only to make money by selling the details of the injured person to a solicitor.

    Claims companies often mislead and provide inaccurate advice, claimants do not understand the agreements they are entering into. At the end of the claim, fees are deducted that the claimant was unaware of. A claims company may insist on the medic the solicitor uses. The claim will be sold to the highest bidder even if that solicitor is not local.

    At ASD we have been acting for people in Sheffield and the surrounding area for over 30 years. We are solicitors and do not accept referrals from claims companies. We are an accredited practice by the Association of Personal Injury Lawyers. I ensure that our no win no fee scheme is transparent and understood by all our clients. I guarantee a home visit by a solicitor within three hours of the initial call. Clients receive expert advice from day one from a local specialist firm. Keep away from unqualified claims firms and go direct to local specialist.

    I am passionate about acting for people in Sheffield and the surrounding area who have been injured on the road or at work. I believe clients would be much better served by a local firm rather than a national one.

    Richard Meggitt Solicitor / Director

    Accident Solicitors Direct

  • Why choose ASD for your personal injury claim? – Home visit by a Solicitor

    People making claims for compensation are not usually offered the facility of a face to face meeting with a qualified Solicitor.  Many never meet their Lawyer!  The majority of Solicitors simply send out confusing questionnaires for clients to complete and return. The claim is often dealt with by non-qualified staff.

    I do not regard this as a professional approach to an injury claim and it is not my idea of “service”.  We can do better!

    At ASD our priority is to provide the highest possible standard of service to clients. I recognise that injured people already have enough stress to cope with.  They do not need any extra hassle from their Solicitor.  When a new client contacts me with an enquiry about making a claim for compensation I arrange an immediate home visit with a Solicitor. The initial meeting often takes place the same day as the first call. I find clients are impressed by our immediate response and appreciate a meeting in their own home, without the stress and inconvenience of having to visit the Solicitor’s office, or worse deal with unqualified person over the phone or by email.

    I give clear and concise advice to clients in ordinary language so that people can make an informed decision about whether or not to proceed with the claim.

    I am passionate about acting for local people in Sheffield and the surrounding area who have been injured on the road or at work. I believe clients would be much better served by a local firm rather than a national one.

    Richard Meggitt

    Solicitor / Director

    Accident Solicitors Direct

    Sheffield

  • Why choose ASD for your personal injury claim? – Medical Experts

    Many people that I speak to believe that the value of a personal injury claim is fixed, and not dependent upon the Solicitor that is used. This is fundamentally wrong. The value of a claim is not fixed but is ultimately determined by the quality of the medical evidence obtained. The medical evidence is often said to be the building blocks of a claim – get the wrong expert and you will get the wrong result.

    At ASD we only act for local people and we therefore only use proven local medical experts who operate from outstanding hospitals such as the Royal Hallamshire Hospital in Sheffield. Unlike the vast majority of Solicitors we do not generally instruct experts through medical agencies, but instruct the expert direct. In many situations a personal injury Solicitor has no choice but to use the agency because of a financial interest, often not disclosed to the client. In those circumstances it will be the medical agency and not the Solicitor who chooses the expert. Because we are local we have built relationships with local experts in the Sheffield area over many years. We know the type of report they provide and the likely timescales – this is not true of remote solicitors who use medical agencies because they are obliged to.

    I am passionate about acting for local people who have been injured on the road or at work. I believe clients would be much better served by a local firm rather than a national one.

    You can make a workplace accident claim or a serious injury if you call on  0114 2678780, email Richard Meggitt at [email protected], or complete our online form today.

    Richard Meggitt

    Solicitor / Director

    Accident Solicitors Direct

    Sheffield

    +Richard Meggitt

  • Why choose ASD for your personal injury claim? – Financial strength

    Why choose ASD for your personal injury claim? – Financial strength

    Why should the financial position of a personal injury firm matter to a client? You would expect the same results irrespective of the financial strength of the personal injury firm. Unfortunately it does matter. Some Solicitors do not have sufficient funds to pay for disbursements. Disbursements are payments Solicitors make on behalf of clients, such as paying for medical experts. I have clients who tell me that they were asked by their former solicitors to pay for these expenses themselves.

    Other firms may be reluctant to pay for expensive expert reports until liability has been accepted in the fear of being left with a large bill, despite the instruction of an expert being necessary.

    Finally to protect the firm against having to pay for disbursements if a claim fails, some solicitors will force the client to pay hidden insurance premiums which are then deducted from a client’s compensation.

    At ASD we have been established for 30 years and run our current account in substantial credit. This enables us to fund disbursements on behalf of clients without asking the client to pay, we rely upon recovering these expenses from the insurers at the end of the case. If a report is necessary we obtain it and pay for it, irrespective of cost.

    We never ask clients to pay expensive insurance premiums, if the claim fails we pay the disbursements. Finally, in serious injury cases we are able to lend money to clients, interest free to help them when they need it most.

    I am passionate about acting for local people in Sheffield and the surrounding area. If you’ve had a workplace accident , a burn accident, a head accident , a spinal cord accident or a loss of limb accident, call 0114 2678780, email Richard Meggitt at [email protected], or complete our online form today to submit a claim with your local injury solicitors.

    Richard Meggitt

    Solicitor / Director

    Accident Solicitors Direct

     

     

    +Richard Meggitt

  • Cycling Safety in Winter

    Cycling is not only an economic and healthy way to get from A-to-B, it’s also great fun for all ages, fitness levels and abilities. Cycling does have its risks though and even Tour de France hero Bradley Wiggins has had a run in on the road in 2012. Winter in particular is a dangerous time for cyclists as the cold weather and increased darkness can put cyclists at a higher risk.
    There are a few simple precautions you can take to ensure you stay safe on the roads.

    Safety preparation

    Helmet

    Your most important piece of safety kit is a good fitting, high quality helmet. Quality bike helmets are made of expanded polystyrene foam which is moulded together with a tough plastic shell. Helmets which have been moulded rather than stuck together during manufacturing are lightweight and feature vents designed to keep you cool. Although some helmets are available in one-size and can be adjusted with straps, if you’re looking for the best fit (and therefore improved safety) then go measure up and choose a helmet size right for your head. You can do this by wrapping a tape measure around your head or ask for help at your local cycle shop.

    Visibility

    In 2011 a survey revealed that although 80% of cycling accidents happen during the day (due to there being more cyclists on the road), cycling accidents in the dark are more likely to be fatal. Cycling in winter weather can leave you vulnerable on the road, especially if you don’t prepare to be seen. Even if you’re not planning to ride at night, you never know when bad weather may cause light levels to plummet so be prepared with a front and rear light on your bike. The Highway Code states that “At night your cycle MUST have white front and red rear lights lit. It MUST also be fitted with a red rear reflector…” The Highway Code also recommends wearing “light-coloured or fluorescent clothing which helps other road users to see you in daylight and poor light”.

    Out and About

    You’re more at risk from being in a cycling accident if you’re on the road as opposed to off-roading as around 75% of fatal accidents occur in urban areas and around half of cyclist fatalities occur on rural roads. Junctions are the most dangerous areas of road with 75% of accidents happening at, or near, a road junction.

    We spoke to cycling expert Russell Cutts who runs the Sheffield-based bike maintenance service Russell’s Bicycle Shed for his top 5 tips on cycling in winter:

    1. Keep your feet warm and dry, use tin foil wrapped around your toes to keep them warm on long rides and wrap your feet in plastic bags if it’s wet, your shoes may get soaked but your feet won’t.

    2. Be seen and avoid potholes, always position yourself in the middle of the lane at difficult road locations and at junctions. You have the right to that space.

    3. Grit and salt on the road eat chains and brake pads. Give your bicycle a rinse down at least weekly and oil the chain after as this will prolong the life of your bicycle through the winter.

    4. Invest in mudguards to protect your clothes and your bike from splashes.

    5. Cycling in snow isn’t as hard as you might think, just avoid deep drifts and the compacted tracks of cars as they can be slippy. A mountain bike is best for these conditions.

    What If You Are in an Accident?

    From 2011 to 2012, the number of cyclists reported to the police as being seriously injured in an accident on the road rose by 4%. Although the above measures can help reduce the risk of an accident, if you are injured on the road the following are useful to remember:

    – Ask to see the driver’s proof of insurance and driver’s licence and note the colour, make and model of the car, along with the number plate and any physical damage to the car which might have been caused by the accident.

    – If there are any witnesses to the incident then ask them for their names and addresses. If you are seriously injured then ask any witnesses to stay on the scene with you until help arrives.

    – Note if the driver apologises or takes responsibility for the crash. In some cases even if the driver has admitted they were wrong they might change their mind and deny all knowledge at a later date.

    – Even if you feel OK, it’s best to get checked out by your GP as some injuries aren’t always felt instantly, especially if you are in shock and your adrenalin is flowing.

    – Speak to your insurers as soon as possible and also consult a specialist personal injury solicitor to see if you are entitled to make a compensation claim for any injuries you may have sustained.

    With a little preparation, there’s no reason why you can’t enjoy cycling safely throughout the winter months.

  • Recent Asbestos Papers

    Stories related to asbestos have featured regularly in the news recently as the Government debates the much anticipated Mesothelioma Bill.

    Below are two key papers on asbestos:

    Consultant Respiratory Physician Philip Barber discusses the dosage and probability considerations around asbestos:

    Asbestos_Attribution_and_Lung_Cancer_-_Dosage_and_Probability_Considerations.pdf

    Tony Whitston, Chair of the Asbestos Victims’ Support Groups Forum UK, offers his opinions on the Mesothelioma Bill:

    British_Asbestos_Newsletter.pdf

    For more information on asbestos and compensation claims, please speak to one of the team.  If you have been exposed to asbestos or secondary asbestos and have contracted mesothelioma then speak to our experienced solicitors today about making a claim. You can also make a workplace accident claim if you call on  0114 2678780, email Richard Meggitt at [email protected], or complete our online form today.

  • How Do Welfare Reforms And Legal Aid Cuts Affect Sheffield?

    The media have reported widely on research from Sheffield Hallam University which indicates that a critical consequence of the welfare reforms is how unequally they will be felt around the country.  For some areas the cuts will reverberate; for others they will hardly be noticed.  Worryingly, the predicted worst affected areas also happen to be the most deprived areas of the country.    These areas will suffer financial losses twice the national average and up to four times as much as the least affected areas, in essence, perpetuating the inequality between the North and South of the UK.  In Sheffield we will experience a loss of £471 per working age adult; the total annual impact is about 2.4% of the region’s disposable income, or about 1 year and 5 months of regional growth.  Put this in context of massive cuts to other services and amenities, from public toilets to Sheffield Libraries to the closure of Don Valley Stadium and you start to get a picture of a city under threat.

    And it’s not just that cuts are being made to welfare, it’s the fact that citizens are also losing the ability to protect themselves from illegality and injustice.  The legal aid reforms have removed welfare and benefits from the scope of legal aid.  This means if you feel you have a legal case against the Government with regards to welfare; that you are not receiving your entitled amount, or that you are being forced to pay a tax which compromises your human rights, you cannot receive legal advice or representation without paying (or being fortunate enough to receive help from a charity).

    What we’re creating is a system which many are predicting will be grossly unfair, but taking away the ability for those profoundly affected to make a case that it is unfair.  We’re putting the most deprived in a potentially devastating situation, and giving them no legal infrastructure through which they can influence their situation.

    This is not to say that the welfare reforms are necessarily unwelcome.  A lot of voices from across the political spectrum have welcomed reform in theory.  The Joseph Rowntree Foundation produced a report which indicated that the introduction of Universal Credit could have countless benefits for the UK; the problem is the way in which reforms are being implemented, the time of implementation and the new mechanism for receiving benefits.

    JRF’s report concluded that Universal Credit worked on principle but should only be implemented in prosperous times as it would be extremely expensive.  Introducing the changes at a time when the labour market is poor could be disastrous, and Chief Executive of JRF Julie Unwin is now predicting a potential “decade of destitution”.    Moreover, the practical implementation of the new system is causing concern.  New claimants will be expected to use the internet to apply for Universal Credit and the entire system will be digitalised.  This means the amount each claimant receives will be worked out by an IT system, but this IT system will have to be able to cope with a huge amount of variables which fluctuate often within themselves in terms of taxation, inflation and the like.  The worry is that putting everything on to one system is putting all the eggs in one basket, or rather millions of people’s social security in one, precarious environment.

    Put in the context of simultaneous legal aid cuts and potentially worrying scenarios manifest.  If the system fails or produces errors and a local authority or state claims it hasn’t, for example, an individual won’t have access to legal aid to advise them on what to do next or represent them if needs be.  The worry is that a lot of people will not only get less benefit from the outset, but could receive the wrong amount due to an IT problem and find it difficult to fight their corner.

    Beyond this, the expectation that claimants will have to apply online and use the internet to job seek assumes that the majority of people own computers, have access to the internet and are computer literate, which is a naïve assumption.  Those without computers are being directed to local libraries and in Sheffield a lot of these libraries are threatened with closure.

    So what’s the picture looking like for Sheffield?  Well, the city is already feeling the impact of the cuts with Food Banks being put under massive strain.  Over the past year, 8 more food banks have had to open and organisers predict they could be ‘overwhelmed’ as we start to feel the full impact of cuts.  As libraries start to close those who are told to apply for benefits online may struggle to find a computer accessible enough for them to begin their application or carry out tasks expected of them to ensure they qualify for continued benefit.  From a legal point of view, fewer Sheffield residents will be guaranteed legal protection and access to justice.  Overall, our city is likely to be impacted by the cuts more than the average.

     

    +Richard Meggitt

  • Des Hudson calls for CMCs to be shut down

    Law Society chief executive Desmond Hudson told the Transport Select Committee this week that Claims Management Companies should be closed down, as the selling of claims by insurance companies may have contributed to exaggeration and fraud.

    “Aggressive marketing by Claims Management Companies is at the core of the problem,” he said. “These companies add nothing to the process.”

    Hudson also told the committee that the Government’s proposals to prevent fraudulent whiplash claims hit the wrong target and risk access to justice for genuine accident victims. He said that plans to raise the limit of the small claims track for PI claims, and proposals put forward by the insurance lobby to reduce the limitation period and lower damages, were not in the interests of consumers and did little to tackle the tiny minority of fraudulent claims.

    “The Government is making policy based on evidence that is almost a decade out of date. The most recent report from European insurance companies actually shows that claims made in the UK fell by 6%, while German insurers experienced an increase of 2% and in France claims remained stable,” said Hudson.

    “Changes already made by the Government on the basis of a deal to make claims more difficult in return for which insurers would reduce car insurance rates seem likely to leave the Government with egg on its face.” 

    ASD Solicitors do not accept referrals from Claims Management Companies (CMC). The message is clear – personal injury claimants should go direct to a specialist Solicitor and not to an unregulated unqualified CMC.

    Richard Meggitt

    +Richard Meggitt

  • Mesothelioma Bill prompts heated debate in House of Lords

    Lord Freud, the minister responsible for steering the Mesothelioma Bill through Parliament, was given a hard time by peers yesterday (Wednesday) when the Bill was debated in Grand Committee.

    There was heated debate about what is perceived to be an arbitrary start date for the scheme of 25 July 2012, and lack of sympathy for the minister’s view that an earlier start date would cost a huge amount for the insurers who are to fund the scheme. Lord Howarth of Newport said “for decades, they coined money. They made a very great deal of money, particularly in insuring against long-latency diseases, because they did not have to pay out for such a long period”.

    Peers also argued robustly for the extension of the scheme to self-employed workers and to people who were in the same household as someone exposed to asbestos. There was also argument about proposals to restrict payments to an average of 70 per cent of normal civil awards as an incentive for people to trace their former employers’ insurers. Baroness Donaghy remarked “if we are talking about incentivisation, I would argue for 130 per cent instead of 70 per cent because that might make some people try a little harder to find the paperwork.”

    This was the Bill’s first day in Grand Committee, where there was no voting on amendments. The second day will be on Monday, 10 June.

    If you have been exposed to asbestos, or secondary asbestos and have contracted mesothelioma then speak to our experienced solicitors today about making a claim. You can make a workplace accident claim if you call on  0114 2678780, email Richard Meggitt at [email protected], or complete our online form today.

    +Richard Meggitt