Category: Company News

Hewlett Packard (HP) are expanding a recent recall of notebook computer batteries following concerns over the volatility of several products with regards to fire safety after reports emerged of exploding batteries which have caused burn injuries to several users.

The move by HP is a combative measure in order to stem the sharp rise in compensation claims made against the company after the US Consumer Product Association reported that it had received 11 claims for personal injury and 31 claims against HP for minor personal damage as a result of the exploding batteries.

Reports of faulty batteries was first reported last year when in May 2009 HP voluntarily recalled 70,000 potentially defective batteries from circulation in light of concerns over several personal injury claims. Since the original recall in May 2009, there have been a further 38 additional reports of batteries overheating and exploding, prompting a further recall of 54,000 new batteries as personal injury and property damage claims continued to be brought against Hewlett Packard.

Should any consumers be affected by the defective battery in a number of highlighted products, HP has announced that these people will be eligible to receive a verified replacement battery at no extra cost. However, the US Consumer Product Safety Commission are still interested in receiving incident or personal injury reports related to these faults.

If you’ve suffered any form of personal injury and believe you are entitled to compensation, please contact one of our specialist personal injury solicitors on 0800 163 622 to see how ASD can help with your compensation claim.

 

+Richard Meggitt

Following a court ruling last month, a British man has been awarded the highest ever compensation settlement for personal injury in the UK.

Wasim Mohammed, a 22 year old man from Walsall, West Midlands was granted the out of court settlement totalling a staggering £11.15 million. This personal injury compensation package will help aide his future care for the disastrous injuries suffered in 2006 as the passenger in a road traffic accident.

The claimant’s injuries occurred when the driver of the car he was travelling in, tried to overtake at a junction, but instead hit another vehicle which was turning right. As a result of the accident, Mr Mohammed suffered a broken neck and damaged spinal cord which has tragically meant that he can no longer walk and has very little movement in his arms.

The overwhelming total of the personal injury compensation package had taken into account not only the injuries sustained and the care the claimant would ultimately require, but also Mr Mohammed’s future requirements regarding his responsibilities as part of a traditional Pakistani family. As the eldest son, it is customary belief in Pakistani family life that the eldest child undertakes a duty of care to look after his parents during their old age.

Due to the extensive nature of Mr Mohammed’s injuries however, these customary duties can no longer be fulfilled and so the record personal injury award will now be used to construct a purpose-built house for Mr Mohammed besides his parent’s home, from which he can see them daily and ultimately receive the care he now needs.

 

+Richard Meggitt

After several months of legal challenge, UK buggy manufacturer Maclaren have finally agreed personal injury compensation packages for over 40 children who had their fingers, allegedly, seriously injured in the hinges of the company’s folding pushchairs.

The compensation agreement concludes a long running claims saga which initially began in late 2009. Personal injury claims were brought against Maclaren following the recall of one million of their products after a string of injuries suffered by children in the USA.

Despite the compensation agreement, Maclaren stated that this did not equate to an admission of liability and had merely agreed to make full compensation damages awards in relation to personal injury, with the aid of its insurers. In their defence, Maclaren also pointed out that having sold over one million buggies in the UK over the past decade, they had only ever received around 100 complaints.

Individual amounts have been calculated depending on the severity of the personal injury suffered by each child with a majority of the payouts ranging from £2500 to £10,000.

Some of the personal injury claims made against the company dated back to 2003 and included a range of injuries such as partial amputation of fingers, deep lacerations and fractured bones.

 

+Richard Meggitt

Following a recall of several vehicles at the beginning of 2010, car manufacturer Toyota is facing a sharp rise in the number of personal injury claims made against the company due to potentially dangerous product faults. In wake of the announcement, Toyota have recalled more than 8.5million vehicles worldwide since January, after an investigation revealed safety issues with brakes, accelerators and car mats. The dramatic recall has already had a detrimental effect on Toyotas subsequent profit margin, as sales have fallen by as much as 15% since the revelations came to light. In another blow to the company, disgruntled customers are also seeking personal injury compensation for injuries sustained following accidents caused by technical issues with the vehicles. In addition to the personal injury claims hovering over the company, legal action is also being taken by customers for breach of warranty and misrepresentation.

Up to date, more than 40 personal injury cases have already been filed, predominantly across several American states. It is widely expected however, that as the discontent amongst customers grows, so will the number of global compensation claims.   +Richard Meggitt

 

• Step by step guide to making a claim
• The settlement outcomes you can expect

 

What steps should I take?

 

Contact one of our Team

You will be immediately put in touch with one of our Solicitors who will arrange a mutually convenient appointment and visit you at a your location of choice. We Guarantee a home visit by a Solicitor within 3 hours of your call.

 

Free Service

Should we be able to assist you we will ask you to sign a Conditional Fee Agreement (CFA) confirming that the service is free, your opponents insurance company will pay your damages and costs should you win your claim. The (CFA) is our Contract with you. You must sign this to confirm that you have read and understood the details of our Agreement with you.

On receipt of the signed CFA and medical mandate forms we will apply for your GP and Hospital notes in readiness for instructing the Medical Expert to prepare a Report on your injuries

Letter of Claim

This is a letter that we send to your opponent summarising the facts of the claim and indicating the nature of the injuries sustained by you. This letter must contain enough information regarding the claim as it will be passed to the defendant’s Insurer who must be able to investigate the claim and put a value on it. The defendant or their insurers have 21 days to reply. Should they acknowledge the letter of claim they then have 3 months to investigate matters.

 

Medical Evidence

After obtaining your G.P notes and any hospital notes we will instruct the medical expert. The expert will contact you direct with an appointment for an examination. Following examination the expert will provide us with a report on your injuries. We will place a valuation on your claim based on the report and your injuries. After obtaining your instructions on the same we will disclose a copy of the report and detail settlement proposals to the defendant’s insurer.

 

Liability/Settlement

On or before the 3 month deadline the defendant’s insurer should confirm if liability is admitted or denied.

If liability is admitted then we will negotiate monetary settlement on your behalf, subject to your instructions. Should settlement be reached then your damages will be paid to you by cheque. We will then seek to agree costs with the defendant’s insurer. Should the insurer not offer reasonable settlement terms then, should you wish, we will issue Court Proceedings on your behalf, with a view to the value of your claim and the associated costs being determined at trial, by a judge.

If liability is denied the defendant’s insurer must give reasons for their denial, supported with documentary evidence as appropriate. We will then seek your comment and instructions on the same with a view to building the claim against the defendants. We will then attempt to negotiate with the defendant. Should they maintain their denial and fail to offer reasonable settlement proposals then we will issue Court Proceedings on your behalf, should there still be reasonable prospects of your claim succeeding if it was to progress to trial. As above, should your claim progress to trial the outcome will be determined by a judge after hearing evidence from both parties. Should your claim fail an insurance policy will pay your and your opponents costs. The premium is not payable by you.

 

 Relevant Resources

1. The Serious Injury Team at ASD.
2. CMC’s leave 1 in 4 claimants in debt: Will increased ombudsman powers help?
3. The high price of using a claims management company

+Richard Meggitt

Insurance is a process whereby you get to protect yourself against potential major financial losses in the various tricky situations of life. In other words, by signing an insurance contract one party agrees to pay for another party’s financial loss resulting from the occurrence of a range of types of events.

Losses can be due to such things as a car accident, personal injury at work, damage to your property, major health problem, or anything else that might have a negative impact on your life. Under an insurance plan, you need to make regular premium payments to an insurance company. In return the company will indemnify you against the type of loss as stated in the policy.

There are various events in life where you get exposed to risk and it is such situations that determines the type of insurance you need to choose. There are basically three types of insurance policies you could choose from. Life insurance protects the dependents of a person and pays a sum in event of death of the insured person. Private Health Insurance helps to cover the hospitalisation and other medical care costs incurred by the insured person. Property and liability insurance protects the property owner against any damage caused to property or any liability incurred from any person getting hurt on their premises.

We take up an insurance policy to protect ourselves against any untoward accident, personal injury, health problem, or property damage that could occur in the future. While some of these insurance policies are a statutory must (such as car insurance for drivers), there are many others which are optional. However, in many cases, insurance companies refuse to pay what the claimant considers a reasonable compensation claim. This can happen in cases of workplace injuries and a whole range of injuries due to the negligence or incompetence of some other person, group or company. Seeking compensation for cases like this is where a good personal injury solicitor can help you.

The first thing you need to understand is that your insurance company’s decision is not the final word in regard of your insurance – especially in personal injury or work place injury cases. With proper organisation and persistence, you can ensure that you get paid for your rightful claims. For this you need to be proactive, become familiar with your insurance policy, and get the advice and assistance of an experienced personal injury solicitor.

Many a times it might be difficult for you to spare so much time seeking your rightful due. This is especially true if your personal health condition prevents you from pursuing your claim with the insurance company. In such cases, you need to hire the services of a professional solicitor specialised in the field of insurance disputes.

 

+Richard Meggitt

Experiencing a road traffic accident can often be a frightening and distressing experience. Hopefully you or any fellow passengers will have escaped with minor injuries with little damage to your vehicle. However, in some cases the consequences of the road traffic accident can be far more serious. Whether you have been a motorcyclist, driver, passenger, or pedestrian, if you\’ve been involved in a road traffic accident that was caused by another vehicle in the last three years, you could be entitled to claim compensation. For your claim to be successful, you will have to show that the other party involved was at fault.

Impact of a whiplash injury

Whiplash injuries are most commonly associated with road traffic accidents. This type of injury can occur from a high speed impact or a forceful jerk. For example, when a car slams unexpectedly into the back of your car, or rear-ends your car. Whiplash symptoms can vary from victims suffering from pain in the neck, shoulders, and back. Sometimes, the intensity of the injuries is not evident for days or even weeks following the accident.

In assessing the amount of compensation you are likely to receive, the severity of your injuries will be taken into account and how much you suffered as a result of the road traffic accident.

What to do if you are involved in a road traffic accident

All cars and motor vehicles should, by law, have insurance cover in case they are involved in any road traffic accidents. If a road traffic accident occurs, the first step is to exchange insurance details with the other party, as your claim for personal injury will be made against the insurance company of the third party. The best information to exchange is as follows:

• Obtain their registration number (crucial) and make and model of their vehicle;
• Their name, address and phone number;
• Their insurance details.

In some road traffic accidents, it will be agreed by both parties on who is to blame for causing the accident. If this is the case, then, it is useful to make note of what was said following the accident. However, quite often both parties will blame each other; in these types of situations a further more detailed investigation will need to be carried out. It will help your case if you can take photographs of the vehicles involved in the accident. Photographs should be taken of the cars/motorbikes and any skid marks on the road etc

On some occasions the vehicle owners will not be present at the scene of the accident, as such you should make a note of their details. If there were any witnesses present at the scene of the accident, it is highly recommended that you write down their names, addresses and phone numbers as well. As with most personal injury claims, in order for your case to be successful, it will be necessary to prove the negligence of the other party involved which resulted in your injury. It may also be sensible to report the accident to the police.

You should make note of the fact that if the opponent is successful in demonstrating that the road accident was partly caused by contributory negligence on your part, then it is likely that the damages will be reduced accordingly.

If you’ve had a serious injury due to a traffic road accident, a workplace accident, a pedestrian, cyclists, or motorcyclists accident  and are considering making a claim, call 0114 2678780. Otherwise, email Richard Meggitt at [email protected], or complete our online form today.

+Richard Meggitt

THIRD party capture is a term used to describe efforts by the insurance industry to persuade injured people to settle a claim direct with the insurer and not to use local solicitors when making a claim.

Insurers have tried to defend this practice by claiming they cut out the ‘expensive’ solicitors, leaving more funds for the injured parties. Our experience suggests this is not true.

Why would they do this? Quite simply, to settle claims as cheaply as possible. Increasingly, insurers for the drivers responsible for the collision are contacting injured parties directly. They are persistent and try to persuade injured people to settle injury claims when they are at their most vulnerable. They may still be in shock and worried about how to pay the mortgage or rent.

Insurers in these cases may encourage them to accept an early offer before the full extent of an injury is known and before the full impact of the accident to their health and, in more serious cases, their working ability is known. Moreover, the claims are often settled before medical expert evidence, concerning the injuries, has been obtained.

Once such offers are accepted individuals could be significantly under-compensated and may not be able to claim for further losses, once they realise that the earlier settlement was not enough.

A significant number of people injured in road traffic accidents have received low offers from insurers. Fortunately many accident victims make the right choice and instruct a Solicitor. We have acted for a number of individuals who have received substantially more compensation than they were originally offered. Following medical assessments we are often able to secure rehabilitation treatment and, in some cases, an interim payment to alleviate immediate financial pressures.You cannot trust an insurer to do the right thing in such circumstances.

We strongly recommend that if you are injured in an accident you don’t accept any offer received to settle your claim without seeking independent legal advice.

We offer a free meeting, usually at client’s homes for convenience, to discuss your case and can advise upon the reasonableness of the offer.

ASD guarantee that 100% of all the compensation recovered goes to our client.

For further information or to arrange a free initial assessment of your claim contact us on 0114 2678780.

 

+Richard Meggitt

Crash for cash man jailed

A 24-year-old man has been jailed for four-and-a-half years after admitting his part in a £1.6 million Crash for Cash scam in Greater Manchester.

Mohammed Patel pleaded guilty to 17 charges, including conspiracy to defraud, dangerous driving and disqualified driving.

Manchester Crown Court was told that Patel deliberately caused at least 92 car crashes, a number of which involved commercial vehicles, between 2005 and 2008.

On each occasion he would lead the other driver to believe they were at fault.

Twenty-four other people are also due to be sentenced for their role in the scam.

Office workers overlooking the Eden Point roundabout on the A34 in Cheadle raised the alarm when they became suspicious at the regularity with which collisions were taking place at the same spot on the roundabout.

AXA insurance, one of the companies affected by the scam, investigated a number of the claims and in January 2008 the findings were presented to Greater Manchester Police.

The resulting police investigation revealed Patel deliberately caused collisions for whichever client was willing to give up his car keys and insurance details.

He would be paid a fee while the claimants demanded compensation for personal injury, courtesy cars and legal fees at the expense of the other party’s  insurers.

In some instances, the damage to the cars being used was fabricated, and on occasions exaggerated.

Article from Fleet News Legal – Wednesday 21st October 2009

 

+Richard Meggitt