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If an employee is injured in an accident at work, it may be possible for them to claim damages against their employer.
An employer can be liable for damages if it is shown they failed to take reasonable care to prevent injury to...
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The main diseases caused by asbestos inhalation are asbestosis (the scarring of lung tissue) lung cancer, mesothelioma (cancer of the lining of the chest and lungs) and pleural disease.
Thousands of people die each year in the UK from...
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The level of the damages awarded as compensation for personal injuries has risen slightly in the last year, with typical rates now being as follows:
minor whiplash (full recovery within 2 years), between...
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In our society, noise is a normal part of everyday life. It is also well known that noise can cause permanent hearing loss. What is less well known is that there are many circumstances in which potentially hazardous noise may be encountered. This may include...
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For a case of clinical negligence to be proved, there must be a duty of care which is owed by the defendant to the person claiming damages. If such a duty of care exists, for an action to be successful, two further things must be shown. Firstly, the...
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If you are injured as a result of a crime, you may be entitled to compensation, direct from the offender. As well as personal injury, compensation may be payable for other items (medical expenses, additional travelling costs and so on) which are not covered...
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The annual holiday is normally one of the highlights of the year. However, holidays can turn into disasters if you have a serious case of 'travellers' tummy'. The best approach is to take sensible precautions regarding food and drink by following guidance...
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In some instances, product safety law can be used to bring claims involving personal injuries.
A group of people who tried to use product safety law under the Consumer Protection Act against McDonalds, because of injuries suffered when they...
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Figures obtained under the Freedom of Information Act have revealed that Councils across the east of England have paid out £6 million over the last six years in compensation for pavement trips and slips. This figure excludes legal fees. ...
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A dancer, who suffered severe brain damage whilst a patient in hospital, was awarded a settlement worth an estimated £20million.
Kerstin Parkin, a professional dancer, was awarded the sum by Bromley Hospitals NHS Trust after...
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The Health and Safety Executive has published its latest Statistics on Workplace injury and Sickness.
These show that in 2005/6, 212 workers were killed at work, 2 million suffered illness which they believed their work caused or...
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A recent case illustrates the point that where a personal injury claim is anticipated, it is important to commence the claim promptly and not to adopt a ‘wait and see’ attitude.
It involved a serviceman who was partially...
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A doctor must warn patients of even slight risks before operating. Failing to do so is negligent. In a recent case, in spite of the fact that the operation itself was not performed negligently, the suffering of a patient as a result of the operation was...
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An employer’s absolute obligation to maintain or repair protective equipment, under the Personal Protective Equipment at Work Regulations 1992, does not extend to a situation where an employee suffers an injury at work doing something that the equipment...
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Professional fees for dealing with personal injury cases involving road traffic accidents are set to be ‘capped’, following the decision to adopt a ‘fixed fee’ scale.
Under the new scheme, claims under...
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The Department for Constitutional Affairs has issued a consultation document on the civil law relating to claims for damages. The paper considers making it possible for a wider range of people to bring claims for damages where someone has been killed as a...
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If you suffer an accident in a public place due to someone else’s negligence e.g. by tripping on a broken paving stone, you may be entitled to claim damages. You will need to prove that you were owed a duty of care by someone, that that person was...
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Sometimes, cases involving personal injuries lead to decisions which do not at first glance seem to be those you would expect.
Following a similar case some months ago, involving a woman whose car collided with a bus, a further case has...
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One of the things which determine the eventual payout in personal injury claims is the degree to which the injured person is to blame for the injury that befell them. This principle is called 'contributory negligence'. It also applies where an injury happens...
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When injuries occur because of high-speed impacts between cars, once the ‘liability’ issue (who was responsible for the accident) is sorted out, the argument normally becomes one about money. With low-speed impacts (typically under 5 mph),...
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An upsurge in MRSA cases against hospitals is expected as health and safety legislation is being used by lawyers as a basis for compensation claims. In the past, it has been difficult to prove cause and effect in MRSA cases. This is because patients...
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If a person suffers injury due to medical (or clinical) negligence (e.g. in the course of an operation), they may be entitled to claim damages. All doctors owe their patients a duty of care and a claim may be made based on the law of tort. In the private...
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A new insurance industry report reveals that the number of personal injury claims made to motor insurers continues to rise, in spite of fewer injuries and deaths on the roads.
The report, commissioned by the Association of British...
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It is common knowledge that taking action in the courts against an opponent who disputes your claim can be stressful and expensive. Recently, alternatives to bringing court action, such as alternative dispute resolution and mediation, have become more...
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In our society, noise is a normal part of everyday life. It is also well known that that noise can cause permanent hearing loss. What is less well known is that there are many environments in which noise is a hazard. These may include use of noisy equipment...
