Posts Tagged ‘cirencester head injury’

Are you dishonest?

Posted on: July 14th, 2016 by Isobel Addison No Comments

fundamental dishonesty

It is fair to say that most of us would not consider ourselves to be ‘fundamentally dishonest’ but what does it actually mean and why does it matter?

Fundamental dishonesty. Liar, LiarRecent changes[1] in the rules that affect personal injury practice mean that if a Claimant is found to have been fundamentally dishonest in relation to any aspect of their case then their entire claim can be dismissed[2] and they can become liable for the other party’s costs.

Needless to say this is a change that has been seized upon by the insurers, not least because of the lack of clarity over what will be considered fundamental dishonesty.

Fraud or dishonesty?

Fundamental dishonesty is not defined in any statute, explanatory notes, the Civil Procedure Rules or any practice direction.

Traditionally the standard was always one of fraud but the new rules are enabling judges to set a lower threshold for fundamental dishonesty than they would for fraud.

The most likely area for dispute is medical evidence.   The suggestion that someone  suffered a little less than the evidence suggests or exaggeration of a care claim where a care givers evidence does not align with that of the Claimant under cross-examination.

Often claims can take many months, even years and memories fade and records are mislaid so it is essential for any potential Claimant to instruct a solicitor early to guide them through the claim and ensure that they keep a proper and detailed record of their injury and losses. Failure to do so could be catastrophic.

Personal injury compensation claims have been turbulent over the years with successive governments trying to curb the media-touted increase in low-value claims. A host of measures have been introduced over the years, intended to curb the cost of compensation claims. Fixed costs, the abolition of referral fees, the inability to recover insurance premiums or success fees from losing defendants, various costs protection and budgeting schemes, the increase in court fees, and now ‘fundamental dishonesty’. There is also the recently announced intention to increase the small claims limit to £5,000 and remove the right to compensation completely for soft-tissue minor whiplash injuries.

Dawid Masel v Esure

 

On 21st April 2016 one the first fundamentally dishonesty cases was heard.

The claimant had said that he had been injured for a total of four months following a minor car accident. Esure, who insured the defendant’s vehicle uncovered a publicly-available video on YouTube in which the claimant took part in, and won, a ‘Total Full Contact’ kickboxing fight within a month of the accident date. The Judge watched all six rounds of the contest, during which she commented that the claimant looked “a picture of health”. The Claimant’s claim was dismissed following the defendant’s argument that the claim was fundamentally dishonest.    The claimant was ordered to pay the defendant’s costs.

 

If you have been involved in an accident or suffered at the hands of medical professional we urge you to seek early legal advice.

At Davey Law we have decades of experience in personal injury and clinical negligence claims. We can guide you through the process and help you to keep accurate records of your losses and details of your recovery.

Contact our serious injury experts on 01285 654875 for further information.

 

July 2016

 

[1] 13th April 2015

[2] under Section 57 Criminal Justice and Courts Act 2015.

 

HATCAMS

Posted on: June 23rd, 2016 by Isobel Addison No Comments

HATCAMS – WHAT YOU SHOULD CONSIDER

Our guest blogger Emma McClean BSc(Hons) RN, Bridge Case Management considers Hatcams.

Whilst I would not dispute that it is now a real need to have some form of video capture equipment when riding out on the road these days, I would like people to strongly consider where they mount such a camera, without just following fashion.

I have been in contact with two major riding hat manufactures to seek their advice on mounting cameras on riding hats, and have combined this with my own 20+ years of trauma nursing experience to provide some points for consideration.

Blunt trauma produces injury by transferring energy through acceleration forces (+ and -) to the victim (usually from motor vehicles or falls). The pattern and severity of injury are determined by the magnitude and orientation of the acceleration change to the victim’s anatomy. Mechanisms and patterns of injury: the key to anticipation in trauma management, Grande CM, Crit Care Clin, 1990 Jan;6(1):25-35. Review

Your riding hat is designed to dissipate the energy around the shell of the hat, thus reducing the energy transfer (and therefore potential for injury) to your skull and brain.

Fixing anything to your riding hat will alter how the energy is dissipated.

Using adhesives or screws to fix anything to your riding hat can inhibit the ability of the riding hat to dissipate the energy by altering the construction.

There is no current test within the safety standards to look at how mounting a camera on your hat could affect it in an impact.

The next point to consider is the alteration of ‘head shape’ caused by a hat mounted camera. Our heads are shaped so that in a fall with rotational movement our heads will roll. Consider how easy it is to roll a foot ball compared to a rugby ball end to end. An object which prevents the roll of the head will increase the amount of energy transferred to the body. This rotational energy increases the risk of a diffuse axonal brain injury, which at worse can result in brain death, and at best a wide range of neurological damage. It can also increase the risk of spinal cord damage from the same increased rotation.

Well done if you’ve made it this far through the post, but the facts should be considered. I have spent some time contemplating whether I should write this or not but I feel compelled too. After 20 years as a front line trauma nurse, and now working within the field of rehabilitation I feel I have a responsibility to ensure people are making choices for safety based on fact not fashion.

I wear a Contour Roam 2 when hacking out. I wear it at the top of my boot. It captures the information which may be required if anything bad was to happen. And I risk a minor leg fracture. I can live with that, but I don’t want a brain injury!

We buy riding hats to protect our heads when riding, why would you then risk altering how it is designed to work? Would you tamper with the seat belts in your car?

Questions received:

 

I use a hatcam on a band around my hat will this have the same effect?

There are 2 points to consider here. Firstly the weight of the camera may in itself pull the hat slightly in that direction, thus altering the fit. During a fall the velocity of movement can increase the weight, thus causing the hat to slip further, and not be sitting adequately over the areas that it was designed to. Secondly, if the strap is stable enough to keep the camera in place when trotting, cantering and jumping, it is more likely that it will stay in place during a fall. The hat strap that came with my camera had the wiggly grippy lines on it. This combined with the textured surface of my skull style hat meant the strap was not going to budge.

Is a chest mounted camera safe?

When we fall forwards our instinct is to put our arms out to break the fall. This reduces the energy transmitted to our face and chest, but can lead to broken arms, which generally mend ok. Our sternum and ribs are there to protect our heart and lungs and are well sprung to aid in doing this. Based on the above I would think your chances of serious injury from a chest mounted camera are relatively low. You may have to experiment with this type of placement to see if you capture the images you want on the camera.

Could I mount a camera on my arm?

I’m sure you could. If you are mounting a camera on your arm try and have it in the middle of your upper arm, or the middle of your forearm i.e. avoid the joints. If you were to fall fractures in the middle of your arm bones heal well. Again you might have to experiment with the quality of footage you get from an arm mounted camera, as there could be a lot of movement.

How do you secure your camera?

I was inspired by the placement when I found an old mobile phone holder in a drawer. If you don’t remember they were neoprene holders we strapped round our legs to hold our Nokias! I bought a kit of mounts for my camera, and I am using two straps (as 1 is not long enough) designed to fasten to handle bars or ski poles. I have joined them together with a bit of elastic. They then attach to a camera mount (again for handle bar use) which swivels and locks.

Insurance*

If you did make a claim for injury following an incident any alteration to personal protective equipment (or omission to use it) would render you partially liable for your injuries. This would affect any monies awarded.*

Thank you again, stay safe

 

Thank you to Emma McClean BSc(Hons) RN, Bridge Case Management for allowing us to reproduce this informative article.

20.06.2016

http://www.bridgecasemanagement.co.uk/uploads/1401795481_EmmaMcCleanCV.pdf

www.bridgecasemanagement.co.uk

*This is the view of Emma McClean and not Davey Law, nor should it be considered any substitute for legal advice.

 

Making a brain injury claim

Posted on: May 6th, 2016 by Isobel Addison No Comments

Welcome to our new video about making a brain or head injury compensation claim.

To watch the video click here      serious injury expert Isobel Addison

Our serious injury expert Isobel Addison explains that we understand that the thought of bringing a claim is often daunting. We can offer personal, professional and practical help.

We know that people around you are using confusing terms and expressions that you may never have heard before at a time when you are least able to make calm and considered decisions.

Our serious injury team, here at Davey Law, has decades of experience of helping people like you.

If you, or someone you know, has suffered a serious injury call us on 01285 654875 to discuss your claim.

 

If you have been injured because of the actions of another person you may be eligible to make a claim for head injury compensation. You may have been in a road accident, an assault, had an accident at work or been the victim of medical negligence.  You may not immediately have been aware of how serious your injury was, or how much you were affected day-to-day.

Why make a head injury compensation claim?

A successful claim could help to provide funding for essential support. In order to achieve the best outcome it is essential to find a specialist solicitor with expertise in head injury compensation cases.  Someone with the right experience will be able to build a case for compensation that will appreciate and  address your future needs.

Brain Injury Group members – setting the standard.

As members of the Brain Injury Group we can show that we have met their very strict criteria and ethical code of conduct. Our membership gives us exclusive access to a range of professionals and who help to rebuild lives after brain injury. 

 

Call us on 01285 654875