Pain and Fame (2) – Agony Ant

Posts Tagged ‘personal injury claim’

Pain and Fame (2) – Agony Ant

Posted on: June 20th, 2017 by Mark Tawn No Comments

Pain and Fame (2) – Agony Ant

Sadly, it has recently been claimed that Ant McPartlin, one half of the nation’s favourite double-act Ant & Dec, has checked into rehab.

We have blogged about how pain can affect anyone at any time, including the rich and famous.

Ant McPartlin

Newspaper reports suggest that Ant has been suffering with chronic pain for years – because of  problems with his right knee. Also, it is said that Ant and his wife have been upset by an inability to have children. We add our voice to the outpouring of support for Mr McPartlin, his wife and those around him.

Ant McPartlin

Anthony David ‘Ant’ McPartlin, OBE  was born in 1975.  Best known as one half of the acting and TV presenting duo Ant & Dec.

Ant’s first career break was in the children’s drama series Byker Grove which led to a pop music careeer for himself and Declan Donnolley as PJ & Duncan. Ant and Dec went on to have a very successful career as television presenters, presenting I’m a Celebrity…Get Me Out of Here! and, Ant & Dec’s Saturday Night Takeaway since 2002, Britain’s Got Talent since 2007 and Text Santa since 2011.

It can happen to anyone

We reported in one of our Success Stories how one of our clients suffered botched knee surgery. He went on to develop CRPS, a devastating condition which caused agonising pain and considerable disability. It may be that Ant’s knee problem was age-related and that his surgery was skilfully performed but if somebody else has been at fault, as in our client’s case, compensation can be claimed.

Money may not be an issue for actors and TV stars who can afford to pay for private treatment. For ordinary folk interim payments and a final compensation award can lead to rehabilitation, care and assistance, a move to more suitable accommodation and peace of mind.

Mark Tawn, who has a special interest in chronic pain cases comments:

It is sad to hear about Ant McPartlin. I remember when he was in Byker Grove and over the years my children have grown up watching him on TV. My favourite moment was seeing Ant & Dec in Love Actually – hilarious! Chronic pain is terrible. Some of my clients have fallen into despair, never knowing if or when their troubles will come to an end; others have struggled with side-effects from medication they have been prescribed and others have craved rehabilitation but been unable to access it. Hopefully Ant will make a full recovery and will become a vocal supporter for others who suffer daily.

If you are suffering with chronic pain as a result of an accident that wasn’t your fault contact us and see how we can help.

 

Uninsured driver compensation

Posted on: March 16th, 2017 by Isobel Addison No Comments

New rules allow uninsured drivers hit by another uninsured vehicle to claim compensation

If you are unfortunate enough to be involved in a road traffic accident with an uninsured or untraceable vehicle, the Motor Insurers’ Bureau (MIB) would deal with much of your claim.

The MIB is funded through a levy on all companies offering motor insurance in the UK. That levy was £244,000,000 in 2016.

until now, if you were uninsured at the time of the incident you were not entitled to use the scheme; presumably because you had failed to contribute to the fund which would ultimately pay the compensation.

However, under the new MIB Uninsured Drivers Agreement and Untraced Drivers Agreements between the organisation and the government things have changed.

Insurance policy

New Agreements

New Agreements, which came into force from 1st March 2017 permit uninsured drivers who suffer car damage in accidents caused by another uninsured or an untraceable motorist to claim compensation from the Motor Insurers’ Bureau (MIB) as long as they also have a claim for significant personal injury.

Time for Change

It has ben suggested that there were a number of reasons for the changes to the Untraced Drivers Agreement, but some had been implemented to ensure compatibility with European law.

The government has hinted that once we leave the EU they will revisit these changes.

Under the 2003 MIB Agreements if uninsured drivers were excluded from claiming compensation for property damage.

But is it fair?

The new Agreements give uninsured drivers the same rights to compensation for property damage as those who are insured.

The changes have been criticised by some for allowing people who have not paid for insurance themselves the right to compensation from a fund subsidised by insurers.

 

Whether or not the new system is fair it is clear that uninsured drivers can now pursue claims through the MIB schemes which up until now they could not have pursued. And that this is going to have to be paid for from somewhere.

 

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:

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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

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.