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Tag Archive: solicitors

The legal eagal returns

microphone in radio station


Well, that’s the Summer come and gone for another year.

Did you spend hours in the garden, soaking up the sun, whilst playing croquet and sipping drinks on immaculately trimmed lawns ?

No, me neither.

The Legal Eagle slot took a short break from WCHR during August, but was back with a vengeance on September 6th.

We had the usual interesting selection of questions from listeners.

One related to the perennial problem of getting food poisoning whilst on holiday abroad.  A listener’s wife had been hospitalised for 4 days after a particularly nasty incident, and he understandably wanted to know whether it would be possible to claim. We get a lot of these queries at this time of the year.  If the hotel accommodation and food were all part of a package deal, then this would make it possible to make a claim in this country, otherwise matters become more complicated as the likelihood is that any claim would need to be brought in the country in which the food poisoning occurred.   These claims aren’t straightforward, but we as a firm have considerable experience of dealing with them.

Another listener had slipped on some discarded packaging in a supermarket car park, and wanted to know whether he could claim from the supermarket for his injury.   The supermarket had denied that the packaging came from one of their products, and had said that they were not therefore liable to pay any compensation.    Not an easy one this.  If it could be shown that the packaging had been discarded by one of the supermarket’s employees, then there would probably be quite a strong claim (provided that the packaging could be said to create a foreseeable risk of causing people to slip on it).  Failing this, it would be necessary to show that the supermarket had failed in its duty as the occupier of the car park, to inspect it for dangers on a sufficiently regular basis, which could be much more difficult top establish.  These claims are usually about going through quite detailed inspection and maintenance records, and are again matters which our staff have considerable experience of.

Finally, one poor gentleman had broken his arm after a car came too close to him whilst he was riding his bike.  He had managed to get the car’s registration number, but didn’t know what to do next, or whether any claim would be likely to succeed given the lack of witnesses.    This situation is again all too common.  The DVLA will release details of vehicle owners, if provided with details of a relevant registration number, and confirmation that  the information is required in pursuit of a legal claim.  This is something which we do on a daily basis for our clients.  Lack of witness evidence does not always mean that a claim won’t succeed.  An experienced firm such as ours will usually be able to assess the extent to which this may cause a problem, after taking detailed instructions.  It may be the case, for example, that there is CCTV coverage in the area where the accident occurred, and that the whole incident was recorded, or simply that the circumstances of the accident themselves prove that the driver was not exercising the necessary degree of care.

The Legal Eagle slot will now take place on the first Thursday of each month, with the next one scheduled for 4 October.

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28/09/2012 No Comments

Rehabilitation worry for stroke victims

Rehabilitation


The diagnosis of stroke has been a major issue in the past year or so. We have all seen the adverts on TV telling us of the signs to look out for, now known as the FAST test. The idea is that even the slightest symptoms should be reported and not ignored. This then gives the best opportunity for treatment of the sufferers condition to try and keep and long term harm to a minimum.

Most people know about clot busting drugs and the fact that these should be given as soon as possible in certain types of stroke. On the face of it therefore it would be assumed that the treatment for stroke victims has improved.

However it seems that it is in the area of aftercare that stroke victims are being let down. A new report published today by the Stroke Association states that 38% of stroke survivors had received no assessment of their health and social care needs and that over 50% had only had one assessment in the three years since their stroke. Of those who had actually had an assessment, less than 40% had actually received a care plan based upon that assessment

Survivors report a lack of co-operation between different agencies and withdrawal of services even though the need for those services has not changed.

Whilst great work has been done in the detection and early treatment of stroke, this is futile if proper assessment and follow up is not carried out outside the hospital setting and often this is where our clients have been let down.

The report makes interesting reading and it is hoped it prompts the relevant agencies to focus more on rehabilitation to ensure patients get the after care they need, rather than relying on Solicitors to get them that help when it could be too late.

The full report can be found on the Stroke Association website www.stroke.org.uk

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01/05/2012 No Comments

APIL Accreditation – Why these things matter

We were recently awarded the status of an Accredited Practice by APIL.  A worthwhile award or just another badge to wear for PR purposes?  I would very much suggest the former.  I am very proud of the firm achieving this award.

APIL (Association of Personal Injury Lawyers) is a long established body which has been fighting for the rights of injured people now for over 20 years.

APIL is a non-profit campaign organisation and its members are dedicated to helping to change personal injury law, protect and enhance access to justice and help to improve the services provided to victims of personal injury either through accident claims or through medical negligence claims

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30/04/2012 No Comments

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