201308.02
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Changes to Personal Injury Claims Procedures will Speed up Compensation

Changes to personal injury claims procedures introduced on 1st August 2013 will speed up compensation settlements in claims with a value of up to £25,000.

The second of two changes to the Civil Procedure Rules took effect on 1st August 2013, and whereas the changes to the personal injury claims procedures in April of this year took away some of the benefits of making “Contingency Fee” compensation claims, the most recent changes should allow claimants to receive their compensation settlements within a shorter time frame.

The new procedures will see the length of time negligent parties and their insurance companies have to acknowledge “Letters of Claim” reduced to one day from twenty-one days, and the number of days available for them to conduct their own investigations into a claim reduced from ninety days to thirty days (forty days in the event of a compensation claim for an accident at work).

The aim of the new procedures is to reduce the costs of pursuing a claim for personal injury compensation when the value of the claim is less than £25,000 and when liability is not disputed. Any negligent party or insurance company who fails to adhere to these guidelines will not be able to take advantage of the Ministry of Justice Claims Portal and will face higher costs in defending the claim.

There are numerous exceptions to the new Civil Procedure Rules and there will be no change to the personal injury claims procedures in the following events:-

  • If an injury has been sustained due to the negligence of a private individual – for example if a homeowner has damaged the pavement outside their house over which you have tripped and fallen
  • If the injury which is being claimed for is an acquired disease either at work (for example COPD due to your working environment) or a place of public access (for example food poisoning in a restaurant)
  • If an injury has been sustained in an accident or scenario involving more than one party – for example a car accident in which more than one person was to blame
  • If an injury was sustained in an accident for which you were partly to blame or if your injury was exacerbated due to your own lack of care (also known as “Contributory Negligence”).
  • If a loss, an injury or the deterioration of an existing condition was due to medical negligence – either at a hospital or in private practice such as at the dentist
  • If you have developed mesothelioma due to exposure to asbestos, or if you are claiming on behalf of an individual who has died due to mesothelioma cancer
  • If you have sustained an injury due to the negligence of a party who is uninsured, insolvent or untraceable – such as if you are injured in a hit and run accident.

The changes apply to injuries which have been sustained or diagnosed in England or Wales from 1st August onwards, and do not affect the length of time you have after an injury has been discovered in which to claim personal injury compensation – currently three years in the UK.

Should you require further information about how the changes to the personal injury claims procedures may affect you in your particular circumstances, you are advised to speak with a personal injury lawyer at the earliest opportunity.

201209.15
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Compensation for an Accident in a Lift Awarded to Office Worker

An office worker, who sustained serious physical and psychological injuries after the lift she was travelling in fell twenty-three floors, has been awarded more than 13 million dollars in compensation for an accident in a lift.

Janice Beasley (41) from Jacksonville in Florida was alone in the lift when her ordeal began. Travelling down from her office, the lift she was in started to fall – stopping on the eighth floor of the building. An engineer was called to attend to the malfunction, but rather than remove Janice from the lift, he sent it falling all the way to the basement.

Janice suffered multiple bruising in her lift accident which developed into Complex Regional Pain Disorder (CRPS) and partial paralysis of her left leg. Janice was also diagnosed with Post Traumatic Stress Disorder due to her experience and chronic depression due to her lack of mobility.

After seeking professional legal advice, Janice made a claim for accident in a lift compensation against the owners of the office block in which she worked – Highwoods Properties Inc – and the Schindler Elevator Company, who had dispatched the engineer to deal with the malfunction.

Schindler Elevator Company denied their liability for Janice´s injuries and delayed the progress of the case trial for several years with complex legal arguments; however after a two-week trial at the Duval County Courthouse, a jury found in Janice´s favour and awarded her 13,188,000 dollars in compensation for her accident in the lift.