Road Safety Week 2016

Posts Tagged ‘compensation claim’

Road Safety Week 2016

Posted on: September 20th, 2016 by Isobel Addison No Comments

Road Safety Week 2016

Davey Law is joining with the Brain Injury Group to support this year’s Road Safety Week campaign between the 21st and 27th of November.  The theme for 2016 is ‘Slow, Sober, Secure, Silent, Sharp and Sustainable’.

RSW16no1

To celebrate this idea, we will be working with children from Powell’s Church of England Primary School, Cirencester and St Mary’s Church of England Primary School, Purton to raise awareness of road safety.

A few facts on the theme:

  • Slow: Breaking the speed limit or travelling too fast for the road conditions is recorded by police at crash scenes as a contributory factor in more than one in four (27%) fatal crashes in Great Britain.
  • Sober: Having even one drink before getting behind the wheel can affect your ability to drive. In 2013 one in 10 (11%) drivers/motorcycle riders killed in a crash had alcohol present in their body, even though they weren’t over the legal blood-alcohol limit. One in seven road deaths are at the hands of someone who has driven while over the limit.
  • Secure: Seat belts are still seen as an inconvenience by some drivers, yet using one reduces the chance of dying in a crash by 50%. 21% of car occupants killed in crashes were not wearing a seat belt.
  • Silent: Drivers who perform a complex secondary task, like using a mobile, while at the wheel are three times more likely to crash than non-distracted drivers.
  • Sharp: Booking in for a regular eye test should be at the top of any driver’s to-do list. Road crashes caused by poor driver vision are estimated to cause 2,900 casualties and cost £33 million in the UK per year.
  • Sustainable:By minimising the amount we drive, and walking, cycling or using public transport instead, we are making our communities safer places, and doing the best we can for the environment and our individual health. Air pollution is a major killer: there are an estimated 29,000 deaths per year from particulate matter pollution in the UK, 5,000 of which are attributable to road transport.

Road traffic collisions are currently the leading cause of brain injury.

in the UK which is why we have supported the Road Safety Week initiative for several years.  This year Davey Law will be helping to raise awareness of road safety with the help of the children and staff of Powell’s and St Mary’s Schools.

Mark Tawn, Solicitor at Davey Law says, “We work with many adults, children and the families of those who have suffered a brain injury as the result of a road traffic accident. We look forward to parents and teachers engaging with the campaign to encourage children to recognise dangers on the road. ”

For more information about Road Safety Week, visit http://www.roadsafetyweek.org.uk/

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.

 

Changing Solicitors video

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

Welcome to our video about changing solicitors.

To watch the video click here:

Telephone our legal experts NOW

 

In the video our serious injury expert explains that Davey Law regularly take on cases that have been poorly handled by other solicitors.

He reminds us that nobody can stop you from changing solicitors if you are unhappy.

There are lots of reasons that you might want to change solicitors.

Perhaps your claim doesn’t seem to be going anywhere or you just don’t get on with your current lawyer.  Maybe you feel that someone else might understand your claim better or have more access to specialists who could support your claim.

If you are part way through the process of making your claim but are not happy with the service being provided by your legal team then you are well within your rights to seek advice on changing solicitors.

In our changing solicitors video Peter explains that if you do decide to instruct us you will not have to deal further with your current solicitor, you can leave everything to us.

Many clients comment that contacting us was one of the best decisions they have ever made.

If you are concerned about how your compensation claim is being handled by your current solicitors call us on 01285 654785 in complete confidence and without obligation.

The mystery of chronic pain

Posted on: May 19th, 2016 by Isobel Addison No Comments

The mystery of chronic pain

Why do some people develop chronic pain following an injury while others do not?

The question has remained a mystery to both doctors and scientists.

Chronic pain affects millions of people.  People who suffer from severe, chronic pain know only too well how it can utterly disrupt and damage day-to-day life. Pain can make it a challenge to get through each day let alone to enjoy even the simplest daily activities.

Chronic pain has historically been misunderstood. The medical profession used to believe that pain could only be a manifestation of an underlying injury or disease. As such, doctors focused on treating the underlying cause of the pain, with the belief that once the injury or disease was cured the chronic pain would then disappear.

If no underlying cause could be found for the pain, then the patient was often told that, “the pain must be in your head”. Unfortunately, some doctors still practice in this manner, having no appreciation for the unique difficulties experienced by sufferers of chronic pain.

A new study led by researchers at the Rehabilitation Institute of Chicago (RIC) and Northwestern University Feinberg School of Medicine has revealed that the risk of a patient developing  chronic pain is determined by the brains anatomical properties, and not the initial injury.

“While simple, the logic of addressing problems at the site of an injury to remove pain has resulted in only limited success,” said senior study author Marwan Baliki, PhD, research scientist at RIC and an assistant professor of physical medicine and rehabilitation at Feinberg. “The central processes of chronic pain have largely been ignored, so our research team set out to better understand the brain’s role.”

The researchers found that patients who developed chronic pain had a smaller hippocampus and amygdala compared with those who recovered. The hippocampus is the primary brain region involved in memory formation and retention, while the amygdala is involved in the processing of emotions and fear. In addition to changes in size, these regions also showed differences in connections to the rest of the brain, particularly to the frontal cortex, an area involved in judgment.

The study’s results challenge long-standing views of the science of pain, establishing that the gross anatomical properties of the brain determine the most risk for developing chronic pain.

The results pave the way for the development of a different approach for the prevention and treatment of chronic pain.

The full study, “Corticolimbic anatomical characteristics predetermine risk for chronic pain,” will be published in the June edition of Brain. In addition to Apkarian, Baliki and Vachon-Presseau, study authors include Pascal Tétreault, Bogdan Petre, Lejian Huang, Sara E. Berger, Souraya Torbey, Alexis T. Baria, Ali R.Mansour, Javeria A. Hashmi, James W. Griffith, Erika Comasco, and Thomas J. Schnitzer.

More: http://www.pharmiweb.com/PressReleases/pressrel.asp?ROW_ID=167888#.Vz2KU9L2ZMg#ixzz4961Bq7CF

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

 

 

 

Compensation Claims

Posted on: April 22nd, 2016 by Isobel Addison No Comments

Brining your compensation claim is what we do. Welcome to our new video about our serious injury team.

      

Our serious injury expert Peter Davies explains what Davey Law can do for you. 

Compensation claim

With over 100 years of experience of bringing compensation claims across Gloucestershire and across England and Wales, our aim is to obtain compensation and restore your quality of life.

So if you, or someone you know, has suffered a serious injury, why not call us on 01285 654875 to discuss making a claim. You won’t speak to a call centre but to one of our experienced serious injury experts.

No Win, No Fee. No call centres, No nonsense. Just serious injury experts.

 

 

Axium™ Neurostimulator

Posted on: April 12th, 2016 by Isobel Addison No Comments

St. Jude Medical Axium™ Neurostimulator Stimulator launched

On 11th April 2016 St. Jude Medical, Inc., a global medical device company, announced the U.S. launch and first post-approval implants of the St. Jude Medical Axium™ Neurostimulator System.

The treatment for patients with chronic pain involves dorsal root ganglion (DRG) stimulation. it is hoped that the treatment will help patients who have not been receptive to traditional spinal cord stimulation (SCS).

The first commercial implants of the St. Jude Medical Axium™ Neurostimulator System device have taken place at the Centre for Pain Relief in Charleston, and at the Sutter Santa Rosa Surgery and Endoscopy Centre in Santa Rosa, California.

 

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(Photo: Business Wire)

Half of the states in the USA will treat patients using the  DRG implants in the coming weeks.

St. Jude Medical has partnered with 59 implanting chronic pain specialist centres across the country. They hope to conduct more than 100 procedures in the first month.

They aim to train more than 300 physicians to effectively deliver DRG therapy to patients over the next year.

The treatment is designed for patients in immediate need of targeted stimulation to alleviate chronic pain resulting from moderate to severe chronic intractable pain of the lower limbs in adult patients with Complex Regional Pain Syndrome (CRPS) types I and II.

Stimulation of the DRG, a spinal structure densely populated with sensory nerves that transmit information to the brain via the spinal cord, allows physicians to treat the specific areas of the body where pain occurs. This new approach is designed exclusively to treat moderate to severe chronic intractable pain of the lower limbs in adult patients with CRPS.

Dr Pope, who has already performed the procedure says that, “Stimulation of the dorsal root ganglion is the first therapy option designed specifically for patients suffering from complex regional pain syndromes. This serious and traditionally challenging to treat chronic pain condition can occur from complications to recovery from surgeries such as knee arthroscopy, foot surgery or hernia surgery. Having a treatment option rooted in clinical evidence fundamentally changes our approach to treating patients.”

The Institute of Medicine reports that chronic pain affects more than 100 million Americans. This is more than heart disease, cancer and diabetes combined. Neuropathic pain represents one of the most prevalent yet under-treated forms of chronic pain in the United States.

Initial results evaluating patients suffering from neuropathic chronic intractable pain associated with CRPS I and II or peripheral causalgia (PC), showed DRG stimulation provided patients with superior pain relief over traditional tonic SCS.

Information for patients to learn more about chronic pain can be found at www.sjm.com/pain.

View source version on businesswire.com: http://www.businesswire.com/news/home/20160411005397/en/

If you are suffering from chronic pain syndrome as a result of an accident or someone else’s negligence call our experts on 01285 654875.

 

Central Pain Syndrome discussed

Posted on: April 11th, 2016 by Isobel Addison No Comments

Central Pain Syndrome also known as Thalamic Pain Syndrome/Dejerine-Roussy Syndrome

We recently acted for a client suffering from a Central Pain Syndrome.

In 1906 two French neurologists, Dejerine and Roussy, found that strokes could give rise to pain. A lesion suffered on one side of the thalamus following stroke might cause pain on the opposite side of the body.

Recently, we acted for a client (“X”) who had suffered a severe traumatic brain injury.

One of our experts noted X’s significant physical symptoms. X showed signs of being in pain on one side of his body from stimuli that would not normally cause pain e.g. just resting a foot on a wheelchair footplate.

Review of X’s CT scan revealed contusion within the left thalamic brain region causing the expert to indicate that X’s symptoms were in keeping with Dejerine-Roussy Syndrome. Further evidence from a specialist neurologist was arranged.

Central Pain Syndrome

It is now understood that damage to the Central Nervous System (“CNS”) and not just to the thalamus can cause pain and loss of sensation in various parts of the body. CPS can develop following brain tumours, spinal cord injury, multiple sclerosis (“MS”) or other conditions affecting the CNS.

Use of the term Central Pain Syndrome (“CPS”) reflects the fact that damage to various area of the CNS can cause pain and stroke need not be the primary cause.

Where stroke is the primary cause the preferred term now used is Central Post Stroke Pain.

The level of pain caused by CPS varies from one person to another. Some individuals experience pain which is mild and periodic, others may have terrible, unremitting pain which drastically affects their lives and may consequently devastate relationships.

If you, or a loved one, have developed a Central Pain Syndrome following an accident and you would like to discuss it with a serious injury expert please call us on 01285 654875.

No win no fee – No call centres – No nonsense – Just serious injury experts

Workplace accidents

Posted on: April 7th, 2016 by Isobel Addison No Comments

Avoiding chronic pain after injury in the workplace

American workers compensation insurers, The Travelers* Companies, has announced that it has developed the first predictive model designed to reverse a sharp rise in chronic pain caused by workplace injuries.

The patent-pending Travelers Early Severity PredictorSM identifies the likelihood of an injured employee developing chronic pain.

It is reported that 50% of serious injuries in America result in chronic pain.

Those with an identified risk receive a customised, sports medicine-like regime of treatment precisely sequenced to aid and accelerate their recovery. The aim being to avoid the development of chronic pain during their recovery and reduce the use of opioids or other painkillers.

The scheme has already been applied in more than 20,000 cases since early 2015 with more than 9,000 injured employees identified as being at risk of developing chronic pain.

It is claimed that those who participated in the program in the past year have, on average, recovered and returned to work more quickly. They were also far less likely to have needed to utilise opioids, and when they did, it was typically at a lower dosage or for short-term use.

Clearly the system is more appealing in the USA due to the cost of medical treatment being met privately as part of employment terms. With the average costs of each claim being nearly $40,000 per injury, the scheme hopes to reduce medical expenses by as much as 50 percent.

*Travelers is the leading workers compensation carrier in the United States. The company manages more than 250,000 workplace injury claims and 3.5 billion medical treatments per year.

Cerebral Palsy

Posted on: April 1st, 2016 by Isobel Addison No Comments

Cerebral Palsy is a broad term for a number of neurological conditions. These tend to affect movement and co-ordination. It may also affect other important functions such as communication, hearing, vision and the ability to learn.

Cerebral Palsy can feel like a devastating diagnosis but it covers a wide spectrum of difficulties.

If your child has been diagnosed with cerebral palsy and you believe this may be due to some one else’s negligence, you may want to take legal advice.

CP

 

It was thought that cerebral palsy was predominantly caused by a child being deprived of oxygen (asphyxiation) during birth. A major research project carried out in the 1980s showed that only 9% of cases were caused by asphyxiation.

One of the most common types of brain damage caused by oxygen loss is called hypoxic-ischemic encephalopathy (HIE). HIE can result in severe developmental or cognitive impairments. These become evident as a child develops.

In the remaining 91% of cases it was found that the cerebral palsy was due to problems with the brain that developed before the child was born. Other factors included premature birth, complications of birth or problems immediately following birth. In some cases, cause cannot be definitively determined.

There are three main problems that can affect the brain before birth causing cerebral palsy. The first is Periventricular leukomalacia (PVL). It is believed that the damage to the brain caused by PVL is due to a lack of oxygen. It is not clear why it occurs. It has been linked to infections caught by the mother and to premature births of 32 weeks or earlier.

The second problem is abnormal brain development. If the brain doesn’t develop normally then this can result in cerebral palsy. While in the womb, brain development can be affected by gene mutations, infections caught by the mother and trauma or injury to the unborn baby’s head.

The final problem is intracranial haemorrhage and stroke. A stroke usually occurs when a blockage forms cutting off the blood supply to the brain. This is known as an ischemic stroke.  It can occur due to bleeding in the brain. Called a haemorrhagic stroke.  These result in the damage of brain tissue and result in cerebral palsy. The risk of stroke increases if the mother catches an infection during pregnancy, has high blood pressure, or the baby is born prematurely.

These are the main problems which result in cerebral palsy. There may be no obvious single cause but a culmination of several factors which increase the risk of the development of cerebral palsy.

Symptoms of cerebral palsy tend to become apparent within the child’s first three years. For instance the child may be slower in achieving important developmental milestones such as crawling, walking and talking.

Due to the nature of brain injuries the symptoms of cerebral palsy differ drastically. No two individuals with cerebral palsy have identical symptoms. Some individuals are only mildly affected. Others can be severely disabled.

There are many common symptoms such as:

  • communication problems
  • learning difficulties (although intelligence is often unaffected
  • Cognitive deficits, epilepsy (up to a third of children)
  • hearing loss (only 8% of children)
  • behavioural problems (one in four children)
  • drooling: and,
  • swallowing difficulties.

This is by no means an exhaustive list.

Talk to us if your child has been diagnosed as suffering from cerebral palsy.  Whether the negligence was by those looking after you and your unborn baby or those who delivered your baby, there may be a claim.

Your child’s claim can be pursued at any time before they reach the age of 21. And beyond in some exceptional circumstances. It is always worth seeking advice.

No call centres. No win no fee. Just experts.