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Access To Justice
Law Firms Coming Under Financial Pressure From Fixed Fee Service Demands
Law firms, especially those within the personal injury sector, have indicated that they are afraid of the potential negative effects that an increase in demand for fixed fee services is causing. 48% of directors have said that the increases are putting additional financial pressure on their companies, and that they are afraid of the long term effects that it will have. The number was just 29% two years ago, pointing to the massive increase in the number of people that are now demanding fixed fees.
Most legal firms have traditionally operated by offering hourly rates, whereby the firm receives recompense for the total amount of work that they have to put in. However, the introduction of new firms and new services that offer fixed fees has increase, and this has put increased pressure on the rest of the legal companies to follow suit.
Consumers are becoming better educated, and they recognise the stability that is offered by fixed fees. They are also aware of the number of online companies, and newer companies, that offer fixed fee services for virtually all types of legal work. While the practice may have initially been reserved for personal injury firms, it is being adopted for services including family law cases and other types of legal service.
Individuals are not only aware of the existence of fixed fee services, but the pulling of legal aid for many types of case, means that clients have to pay closer attention to the amount that they are paying. Fixed fees do ensure that legal clients know exactly how much they will have to pay, but it has put financial pressure on legal services that are already feeling the strain of government cuts.
A survey by Thomson-Reuters shows that 48% of finance directors are concerned that the increase in the number of fixed fee requests will impact their profits. Just two years ago, a similar survey revealed that 29% had similar fears. Approximately three quarters of respondents said that they saw lower fees as a risk to their business and 48% thought that increased price competition would have a detrimental effect.
Crash For Cash Ringleader Jailed
The leader of a crash for cash insurance scam ring has been jailed for four and a half years. Mohammed Omar Gulzar was responsible for a series of deliberate crashes, caused with the intention of faking personal injury claims, including one that involved a 12 tonne bus carrying 40 passengers. Three other men were jailed and five received suspended sentences after pleading guilty to the charges. The group are believed to have deliberately caused 30 crashes, and although only £40,000 was paid out, the total could have been as high as £500,000 if all claims had been successful.
Crash for cash schemes have been well documented in the media recently. In these schemes, perpetrators deliberately cause crashes that are deemed to be the fault of the other driver. The criminals then make claims against their car insurance policies and submit personal injury claims, often for phantom passengers that were not in the car, and for damage that was already done to the vehicle.
There are a number of methods that crash for cash criminals use in order to orchestrate crashes. Flash for cash accidents are perhaps the simplest, with a driver flashing somebody out at a junction before driving into them and claiming that the accident was the other driver’s fault.
Mohammed Omar Gulzar’s group were investigated following what seemed like a minor crash with a service bus in Yorkshire. Passengers on the bus were surprised at the reaction of the car passengers, some claiming that one man even threw himself against the windscreen. Police investigated, and the group appeared in court. Gulzar was found guilty and sentenced to serve four and a half years in prison, while a further eight men were also convicted of similar crimes; three were given prison sentences and five were provided suspended sentences.
Car accidents can be serious and can have serious consequences for those involved. Compensation exists so that anybody that is injured or suffers as a result of such a crash can receive the medical attention they require and be compensation for any loss of earnings that they may face following time off work.
MP Warns That Doctors Are Afraid Of Innovating
Conservative MP Michael Ellis has said that doctors are too scared to innovate for fear of being sued. He made his comments while moving a motion calling for a Medical Innovation Bill. The proposed bill aims to ensure that all doctors can be innovators and that all willing patients can be research patients. Mr Ellis said that greater approval would be required before patients could be used for innovative testing but that it would open the way for doctors to be able to find cures for diseases like cancer.
Medical negligence claims have risen considerably in the past few years. Last year alone the NHS paid out £1.2bn in compensation to those that successfully brought negligence claims against doctors. Patients that have suffered illness or endured any form of loss as a result of negligence on the part of doctors have a right to claim compensation but, according to Mr Ellis, the increasing likelihood of litigation means that many doctors are afraid to innovate.
While the quality and treatment received by NHS patients in the UK is typically very high, accidents and mistakes do happen. In cases where doctors and other healthcare professionals are found to have been negligent and the patient suffers some form of loss, it is possible for the patient to claim compensation.
The amount of compensation that a claimant is due will depend on the type and severity of the injury that they suffered. While minor injuries can attract claims of a few thousand pounds, more serious and long-term injuries may lead to several hundreds of thousands or even millions of pounds. Medical negligence claims of these types are meant as recompense for lost earnings and to cover any expenses that the patient has to meet.
Despite Mr Ellis’ claims, patients that have endured additional illness or injury as a result of action or inaction by their doctors do have a right to claim compensation. Mr Ellis, however, points out that while doctors are afraid to offer innovative treatment options when all other options have been exhausted, they should be free to do so without fear of recrimination. What’s more, patients should be allowed to undergo innovative treatment offered by their doctors.
About The Author
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
Government Forced To Consider Compensation Discount Increase
The government may have to rethink plans to increase compensation discount figures. 2.5% is currently discounted from large compensation settlements, under the belief that claimants can invest their money in government backed securities and receive at least this amount in interest and associated payments. The government wants to increase this figure, stating that claimants are willing to take greater risks with the money which means that they have greater potential for return.
Large compensation settlements will typically include provision for long term care, healthcare costs, and loss of earnings. This can mean considerable sums of money being paid to victims of personal injury, criminal injury, and medical negligence among other types of claim. In some instances, a claim may total several hundreds of thousands or even millions of pounds and this will include some allowance for consecutive years after the value is awarded.
A claim discount is applied in large settlements. The current rate of discount is 2.5% and is levied against the total figure under the pretext that the claimant will invest a large portion of the money in government backed securities. Doing so will ensure that the claimant receives the full amount of their compensation package despite having some of it withheld. The government had asked for consultation on the existing plans.
Following a first round of consultation, the government said that it believed claimants were high risk takers and that they would be willing to place their money in investments with higher risks and, therefore, greater potential for larger returns. With greater returns it would have meant that the government would be able to increase the size of the discount applied to the total figure so that less money would be paid to claimants.
However, a second round of consultation has suggested that the government’s suppositions were incorrect and that claimants are, in fact, risk averse. Research conducted by the Ministry of Justice suggested that claimants wanted to minimise the risk that they faced. However, it was noted that there were gaps in the knowledge that the MoJ has at this time and so it is unlikely that a final decision is imminent.
About The Author
Safina Soni is a principal personal injury solicitor at Stocks Legal Manchester, specialising in fatal injuries, criminal injury claims and accident at work claims.
Safina has brought a wealth of experience to Stocks Legal and is a pivotal member of their executive team.
"I am very proud to be a personal injury solicitor as I know that I make a real difference to people who have suffered and continue to have problems as a result of their injuries."
As a market leader in personal injury claims, Safina is really easy to contact. You can call her for FREE on 0800 988 9055 or you can send her a confidential email by clicking here.
Compensation Claim Dropped By Policewoman
A policewoman that tripped and hurt her ankle while investigating a crime has dropped her claim for compensation. The Police Federation said that although she was not seeking vast sums of money she has now decided to drop the claim and that she hopes the government and police force can address any wider concerns over the issues faced by the public. The accident occurred at a Filling Station in Thetford.
PC Kelly Jones had been invstigating a break-in at the Nuns’ Bridges Filling Station in Thetford , Norfolk. During the course of the investigation, Ms Jones and the owner of the filling station, Steve Jones, were checking the outside of the building for signs of break-in when Ms Jones tripped on a kerb and injured her ankle and wrist. The WPC was claiming that Mr Jones had not adequately ensure her proper safety during the course of the investigation.
The case gained a lot of media spotlight and it was not overlooked by government either. Home Secretary, Theresa May told the Police Federation’s annual conference that she did not want a situation where people were afraid to report crimes to the police for fear of being sued and that she wanted to stop “frivolous claims” being made by police officers. She went on to say that suing a member of the public following an accident on private property is not the kind of attitude that the police should have.
The Police Federation represents police officers up to the rank of chief inspector and they covered the legal costs on behalf of Ms Jones. In April it emerged that Ms Jones may have been entitled to as much as £50,000 in compensation but the mother of two has always stated that she only wanted enough to cover her loss of earnings.
Not only did the public and the Home Secretary round on Ms Jones, but her own superior officers also stated that suing members of the public was not the way of the police and that it would undermine the confidence and trust that the public had in the modern police force.
About The Author
Safina Soni is a principal personal injury solicitor at Stocks Legal Manchester, specialising in fatal injuries, criminal injury claims and accident at work claims.
Safina has brought a wealth of experience to Stocks Legal and is a pivotal member of their executive team.
"I am very proud to be a personal injury solicitor as I know that I make a real difference to people who have suffered and continue to have problems as a result of their injuries."
As a market leader in personal injury claims, Safina is really easy to contact. You can call her for FREE on 0800 988 9055 or you can send her a confidential email by clicking here.
Average Briton Will Endure Thousands Of Work Related Accidents And Illnesses In Their Lifetime
A recent survey of 2,000 people shows that the average Briton will suffer more than 10,000 injuries, illnesses, and accidents during their lifetime and that the majority of them will be made up of bugs picked up from work and accidents in the workplace. The report, released by solicitors Slater & Gordon, shows that cuts and bruises make up the largest section of these and the figures mean that the average person in this country will suffer, in some way, once every three days.
The typical person spends up to 40 hours or more in the workplace so it is perhaps unsurprising that the workplace is responsible for most of our illnesses and injuries. Some of these incidents are unavoidable, for example even the use of antibacterial hand gel may not prove enough to prevent picking up a cold or other bug. However, there are a large number of such accidents and work related illnesses that can and indeed should be avoided.
It is the responsibility of an employer to ensure that all of their employees are safe and free from injury and illness. The term health and safety may be derided as a joke and filled with bureaucratic paperwork but, in reality, it is what keeps employees safe when they walk through the door until they leave at the end of the day. Followed properly, health and safety guidelines can prevent potentially life threatening injuries and illnesses. When ignored, however, it not only leads to more work related incidents but it can land the employer in court.
More than a third of those surveyed said that they had suffered an injury while at work and delving further into these figures, it is also shown that approximately one in five could identify a potential hazard or health and safety risk currently in their workplace. The first step to effective health and safety at work, and preventing work related accidents, should be identifying risk before taking action to remedy that risk. If employees are able to identify such hazards then action should be taken by the employer.
When people do suffer an injury at work, or contract a work related illness or industrial illness, they may have the right to claim compensation from employers. While this compensation will usually be covered by an employer’s liability insurance policy, it can lead to a drop in workplace morale and an increase in insurance premiums required in the future. It should be, therefore, in the interest of employers to prevent accidents and illnesses occurring in the workplace.
Suffering a long lasting injury at work means that an employee is often unable to complete their daily work. This can lead to a loss of earnings and may also mean additional healthcare costs and rehabilitation costs. Compensation is awarded to anybody that suffers at the hand of a workplace injury in order to ensure that they have the financial backing to be able to fully recover from the injury and be back to full health as quickly as possible.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
TUC Accuses Government Of Brainwashing Over “Compensation Culture” Claims
The Trades Union Congress, or TUC, has said that the government is guilty of brainwashing the country into believing that there is a compensation culture and attempting to vilify those that have a legitimate cause to claim compensation for their workplace injuries. The TUC has said that the government, backed by Prime Minister David Cameron, is making this move in order to be able to reduce or remove the health and safety laws that are currently in place to protect workers.
The whole personal injury process has come under extensive changes in recent months as the government has attempts to reduce the amount of funding it receives while similarly reducing the amount of bureaucracy and red tape that is met by employers. These reforms have already been criticised by many organisations, individuals, and even the government’s own lawyers. This isn’t the only area in which the government shakeup is proving unsuccessful either.
The Health and Safety Executive, the HSE, has also released plans to change health and safety laws. These changes would mean that fewer near misses would have to be reported while there would be considerably fewer illnesses and injuries listed for companies that do need to submit a report. The HSE believes that this will cut the cost to businesses by millions of pounds a year but some of the proposed changes have been hit by criticism. The proposals are set to come into force in October 2013 but do not yet have parliamentary approval, which would be required.
Hazards, with the backing of the TUC, conducted a study and published a report on the success rate of work related injury claimants. The figures show that the success rate of such claims has plummeted 60% in the past decade.
TUC General Secretary Frances O’Grady said that “the government is trying to brainwash people into thinking the UK has a rife compensation culture” and he went on to say that the likely outcome of the changes would mean a “much higher rate of accidents, injuries and illnesses in the future”.
Health And Safety Executive To Make Accident Reporting Easier
The Health and Safety Executive has announced a number of proposed changes to the way that accidents at work are reported. They say that the changes will save businesses £5.9m over the next 10 years and make it easier for organisations to report accidents, cutting red tape, but critics are concerned that some of the changes may lead to reduced health and safety in the workplace. One of the changes would see a reduction in the requirement to report near misses.
Figures released by the Health and Safety Executive (HSE) show that 1.1 million people were suffering from a work related illness in 2011/2012 and that there were 172 fatalities recorded during this period. They also estimate that workplace injuries and ill health cost society £13.4bn.
Health and Safety laws are often derided by many. When filing a report, a business currently has to choose between a selection of 47 different workplace illnesses – under the proposed changes this figure would be reduced to eight industrial illness categories and a shorter list of major injuries to select from.
Furthermore, the changes would also mean that fewer types of near misses, or dangerous occurrence would actually need reporting.
The HSE has said that the proposed changes would lead to considerably less paperwork and red tape on the part of businesses and health and safety representatives. They say that the cuts would save businesses £5.9m over the next ten years but, while the changes are broadly supported, there are critics that believe they should be approached with a degree of caution.
Paul Kimpton, the Building Safety Group managing director, has said that the changes are broadly welcomed but that the HSE should be cautious over making the changes. In particular he highlighted the reduction in reporting near misses saying that they are a valuable source of information and a means of reducing the risk of injuries and industrial illnesses in the future.
The new changes have yet to receive parliamentary approval but are set to go ahead in October 2013 if approval is granted. Changes may be witnessed before the final regulations are agreed and implemented.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
27 Million Working Days Lost Per Annum To Illnesses And Accidents At Work
Workplace accidents and illnesses are not only damaging and dangerous to the employees that suffer them but also cost considerable money to businesses and organisations. It is in the interest of an employer to ensure that they follow health and safety legislation, provide training, offer protective equipment, and ensure that machinery and other items are well maintained and looked after.
According to the most recent figures from the Health and Safety Executive, during the 2012/2013 year there were 148 fatal injuries amounting to 1 death for every 200,000 workers. In these cases, it is possible for family members to claim compensation payments from the former employer on behalf of the deceased. This is down from 172 deaths during the 2011/2012 year.
During 2011/2012 there were 591,000 people that suffered a workplace injury and 212,000 of these led to an absence of three or more days while 156,000 injuries led to seven or more days off work. 114,000 were considered to be major injuries.
While 148 deaths were caused by accidents at work, it is estimated that 12,000 deaths each year are caused by work related illnesses, also referred to as industrial illnesses. Furthermore 1.1 million people suffered or were suffering from some work related illness during the 2011/2012 year and 452,000 of these were new cases that had not been reported the previous year.
Common work related illnesses include musculoskeletal disorders, stress, depression, anxiety, skin disease, respiratory disease, and vibration related disorders. Any employee that suffers from these types of work related illness may have a right to seek compensation from their former employers because they have not provided adequate training or ensured that employees are kept safe during their time at work.
Overall, during 2011/2012, 27 million working days were lost due to illnesses and work related accidents. This equated to a total financial loss of £13.4bn, figures that exclude cases of work related cancer. While fatalities appear to be decreasing there are still an alarming number of accidents and injuries, as well as assaults, that take place on employees while they are in the workplace.
Legal Aid Changes Make It More Difficult For Injured Works To Claim Compensation
Changes to the Legal Aid system mean that it is no longer possible to receive Legal Aid funding for personal injury cases and this means that if you suffer an industrial illness or work related injury then you will not be able to receive Legal Aid assistance to pay for court costs or legal fees. The changes have come under considerable scrutiny from many quarters and for various reasons – while the changes are supposed to cut down on the number of fraudulent and false claims, they may also prevent genuine claims from being filed.
Legal Aid has been cut for many types of court case, including personal injury cases. If a case is successful then the winning claimant should have most of the costs paid for by the losing party. However, they will not pay solicitor fees and this leaves considerable doubt in the minds of many injured parties.
Solicitors offering a no-win-no-fee service offer obvious appeal in these instances. The solicitor will take a success fee if they win the case but losing the case still means that there may be considerable financial penalties. It may be necessary to pay for the legal costs of the successful party and these can mount up quickly.
There are a variety of payment options and formats that are usually made available to the claimant. Solicitors may charge per hour or offer a no win no fee service. They should also provide some kind of indication regarding the likelihood of success so that the claimant can determine whether it is worth progressing. However, this doesn’t alter the fact that many people with a genuine case to claim compensation from employers will be forced to reconsider for fear of losing money on a lost case.
Workplace accidents and injuries can prove devastating. They can lead to considerable time off work as well as requiring considerable medical treatment. This is what compensation is meant to cover but the fear of not being able to afford legal costs means that many people will be forced to forego necessary treatment and they may return to work too early and exacerbate their illness or injury.
