Posts Tagged ‘compensation lawyer’

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.

 

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