Traumatic

• RTA and Motorcycle Accidents
• Accidents at work (including falls)
• Pedestrian Accidents
• CICA/Assault
• Medical Negligence

RTA/Motorcycle Accidents

RTA Accidents

Other road users, uninsured drivers, hit and run drivers, multiple collisions, defective road surfaces, unmarked junctions and escaped animals are just some of the causes of road traffic accidents.

Thankfully, although undoubtedly traumatic, many road traffic accidents result in injuries that are less than serious although painful and upsetting.  However, serious injuries involving the brain and spine can and do frequently happen, and when they do there is often the need for a complex forensic investigation of the accident circumstances and accident scene involving reconstruction and road safety evidence.  There may be police and criminal court involvement and it is important that the injured person and their loved ones have the best possible support and assistance to guide them through troubling times.

Motorcycle Accidents

Whilst motorcyclists account for just 1% of the total road traffic they make up 19% of all road deaths.

They are approximately 35 times more likely to be killed as a result of a road traffic accident than those in a car.

According to ROSPA (The Royal Society for the Prevention of Accidents) the top 5 causes of motorcycle accidents are;

• Failure to negotiate a left hand bend
• Failure to negotiate a right hand bend
• Collisions at junctions – “Sorry mate, I just didn’t see you” (SMIDSY) accidents
• Overtaking
• Loss of control

Accidents can also be caused by potholes and defective road surfaces, diesel/oil spills, hit and run drivers, pillion passengers and defective products, i.e. protective clothing or helmets.

Bikers are at a greater risk and more vulnerable to sustaining brain and spinal injuries than other road users, with road traffic accidents being the most common cause of spinal cord injuries.

With approximately 80% of motorcycle accidents being as a direct result of car driver error, rather than rider error, a claim for compensation may be brought against the person responsible.

Accidents at Work

Although accidents at work have declined over recent years they are still common, they can and do cause significant and long lasting effects, felt not only by the injured person but also their family and loved ones.

Employers have a duty to take reasonable care of their employees, contractors and visitors, health and safety.  These duties are imposed by statute, regulations and as a result of decisions in the Courts.

Cases involving accidents at work can be highly technical, there is a need to consider employers practices and procedures, to examine documentation and usually to deal with employers and their insurers reluctance to deal with the cases sensibly.  Such cases can be highly emotional due to anxiety on the part of the injured person to bring a claim against the employer for fear of reprisal.  Compassion, sensitivity and experience is required to deal with such fears.

Accidents at work arise in a multitude of different ways ranging from:

• Faulty machinery or equipment
• Falls from heights, caused by example by defective scaffolding, faulty ladders, fragile materials, fragile surfaces, inadequate protective harnesses
• Failure to train
• Failure to provide protective equipment
• Falling debris
• Failing to provide competent fellow work colleagues

Pedestrian Accidents

Pedestrians are the most vulnerable of all road users.  ROSPA estimates that nearly 26,000 pedestrians are injured on our roads, with nearly 8,000 of them being children.

Pedestrian accidents are traumatic for all concerned and in addition to unquestioned legal skills require compassion and the ability to tell the story of the injured person and their family.

In cases involving pedestrian accidents extensive investigation is often unavoidable and also necessary.  A detailed analysis of the evidence will be required, and a number of factors such as;

• Speed of travel, distances of travel, time of travel
• Line of sight
• Street furniture and parked cars
• Vehicle debris, throw distances, skid marks
• Volume of traffic and pedestrian usage, will need to be considered.

It will often be necessary to obtain reports from specialists in reconstruction and road safety, in addition to obtaining police evidence in those cases where the police have had some involvement.

It is important to note that in any car or motorcycle accident that even though your insurer may wish to refer you to their ‘panel’ solicitor, you do not have to use that solicitor and are free to use who you want without penalty.

CICA/Assault

If you, a family member or friend has been a victim of an assault that has resulted in injury, such as a brain injury, you can make a claim through the ‘Criminal Injuries Compensation Authority (CICA)’.

The CICA is a government organisation that can pay awards to those who have been physically or mentally injured as a result of being a blameless victim of a violent crime.

The current Scheme was introduced on 27 November 2012, and applies to any application made on or after that date. Applications made prior to this date can be subject to different rules.

Awards under the scheme can range from £1,000 to £500,000.

Medical Negligence

Medical/Clinical negligence cases can be some of the most complicated legal cases to pursue.  They can also be some of the most traumatic and upsetting cases for the victims or their loved ones to contemplate.  Cases of medical mistake or poor treatment require, from the lawyers, not only sensitivity and compassion but also a deep knowledge.

When we seek medical advice we place an enormous amount of trust and faith in the Drs and nurses who care for us or our loved ones.  In the vast majority of cases that faith and trust is repaid and the Drs and nurses carry out their work with skill, providing good care with no adverse consequences.

Some people however do suffer illness or injury as a result of the treatment given.  This can happen as a result of:

• Incorrect diagnosis
• Birth injuries (e.g. Cerebral Palsy)
• Pregnancy issues
• Faulty medical devices or products
• Important symptoms ignored
• A delay in diagnosis

Claims for medical/clinical negligence can be brought against GPs, Hospital Trusts, Dentists and other medical professionals.  It would be very wrong to suggest that medical negligence cases are easy, they are not and in fact the law is such that the standard of proof required to prove a claim for medical negligence is extremely high, and indeed even if a majority of Drs would have acted differently or in a different manner this does not guarantee the success of the claim.

In cases where fault can be established, our lawyers can and will engage specialists in rehabilitation, therapy and care and where necessary will ensure private medical treatment is available to you.

If you or a loved one have suffered illness or injury as a result of a medical mistake or poor care, speak to us to see if we can help.

Legal Assistance

It can be difficult to know where to go or who to turn to when you or a loved one suffers a brain injury.

Everyday life can become difficult, financial and emotional pressures can and often do increase and there maybe a need for specialist help and assistance ranging from rehabilitation, possible adaptions to property, vehicles, aids and equipment and maybe nursing care.

If you or a loved one have suffered a brain injury, either entirely or partly as a result of someone else’s fault, and want some further information or to talk to our specialist Serious Injury Lawyer please ring Freephone 0800 988 1549.