Tag: whiplash lawyers

The Employment Liability and Public Liability Process

by Jonathan Alderton, Hampson Hughes Solicitors

Our approach in advancing each Employers’ Liability (EL) and Public Liability (PL) claim is all encompassing – meaning that we will take care of everything. Due to the often complex nature of these claims, seeking expert assistance from trained professionals could mean the difference between the eventual success or failure of the case.

Employers’ liability

The first step in bringing a successful claim is to establish liability. In the case of an accident at work, there is the potential for a culture of blame sharing to arise between a company and its subsidiaries – locating a solvent and viable insurer that is willing to accept that its corporate client is at fault could prove difficult.

However, through a combination of gathering information from Companies House and from the Employers’ Liability Trading Office (ELTO) – alongside carefully analysing information supplied by the Client – locating the correct party against which the claim may be brought could take less time than you might think.

Public liability

In the case of Public Liability tripping claims, we look toward photographic evidence and Locus Report facilities in order to identify the responsible party.

Recently, my colleague Andrew Fairman wrote a blog on a case that focused on establishing liability – the study raised the question of landowner liability in cases of trips or falls on adjacent unadopted highways. Another recent case involved tracing the history of a highway to 1835, so as to raise a presumption of a local Council’s liability. One further example involved applying the Montreal Convention to an accident involving a multinational airline, so as to establish the boundaries of the duty of care owed to its passengers.

The above examples serve as evidence of our ability and determination in successfully settling your claim.

Personal injury compensation claims

If you have been involved in a non-fault accident, and you believe that you would benefit from the creative thinking that sets us apart from our competitors, contact Hampson Hughes Solicitors today. Call 0800 888 6888 for a free and confidential consultation with one of our experts.

Your Solicitor, Your Choice

By Chris Lackner, Hampson Hughes Solicitors

You have the right to select your legal representation – the decision does not rest with your insurance company.

Panel solicitors

If you have been injured in a Road Traffic Accident, you may find that your insurance company refers you to its choice of solicitor – known as panel solicitors.

Panel solicitors frequently experience a conflict of interest. If the panel solicitor is in a financial arrangement with the insurance company, how can that solicitor be truly independent?

EU Law enshrines your right to choose the solicitor of your choice. The Insurance Companies (Legal Expenses Insurance) Regulations 1990 state that you have the right to choose your own solicitor.

In order to minimise costs, insurance companies often attempt to settle claims as quickly as possible. However, unquantified compensation awards may not fully reflect the damages to which you are entitled – especially where the duration of your recovery is unknown.

Hampson Hughes Solicitors – the personal injury experts

Hampson Hughes has developed a strong nationwide reputation for providing a first class bespoke service. We act independently, and we will ensure that you receive the maximum compensation to which you are entitled.

Selecting Hampson Hughes Solicitors as your preferred legal representation – as opposed to panel solicitors – will ensure that you are treated as an individual. This means that your recovery will be managed properly, rather than been viewed as a potential long term financial loss.

Hampson Hughes does not answer to shareholders – unlike insurers and their solicitors – which allows us to make certain that your claim is processed in a manner befitting your best interests. We have a wealth of legal knowledge and we have access to a wide range of medical and engineering specialists – allowing for your claim to be processed swiftly and professionally.

For more information please call us today on 0800 888 6888, or email info@hh-law.co.uk.

Injuries whilst skiing or snowboarding – What is your right to claim for compensation?

Around this time of year – as the weather draws in and the cold really hits – many people take the opportunity to head to Europe for a skiing or snowboarding holiday. Unfortunately, accidents are all too frequent, and not everyone returns in one piece. These accidents can often result in personal injury – an example of a personal injury taking place during recreational activities is the recent high profile case involving Michael Schumacher.

The question is this: “do you have the right to claim compensation for an injury suffered whilst skiing?”

Injuries suffered whilst skiing could be the result of a variety of factors. It is worth mentioning that a number of these injuries could be due to personal error – an individual attempting a slope beyond his or her own ability, for example. However, a good proportion of incidents occur due to no fault of the injured individual. Examples of where liability for a skiing accident could lie include faulty equipment, the negligence of other skiers, and professional negligence on behalf of a skiing instructor. Many people may consider an injury suffered while skiing to be an unfortunate aside to a fun adventure, yet there may justifiable grounds on which to seek compensation.

The most common – and successful – type of claim is brought under a piece of legislation called ‘Package Travel, Package Holidays and Package Tours Regulations, 1992’. This provides the claimant with the right to pursue a claim where the tour operator is deemed to have been at fault (subject to eligibility – for instance, the holiday must be a package holiday). This law affords the claimant the right to bring a claim in the UK, meaning that any damages awarded will be in fitting with the standard UK basis. This avoids the potential for disputes to arise over issues such as jurisdiction and the level of damages to be awarded – and also resolves any issues over the application of foreign law that could lead to the involvement of foreign lawyers.

In all incidents involving skiing, it is important to gather as much evidence as possible (e.g. the details of the parties involved, the circumstances under which the accident occurred, etc.). Advice from a solicitor should always be sought in order to discuss your best possible prospects of success.

If you have been injured in an accident whilst skiing or snowboarding, contact Hampson Hughes Solicitors – we will go the extra mile to ensure that you receive the maximum compensation to which you are entitled.

For advice on all areas of Personal Injury, call Hampson Hughes Solicitors today on 0800 888 6888.