What happens if a defendant is insolvent or doesn’t exist ?

With some types of personal injury, the injury may be latent and can take many years to become apparent – the classic case lof thus being asbestosis.

In these situations, the defendant may no longer exist or may be insolvent, and many claimants worry about this.

However, in the vast majority of cases, either via compulsory insurance such as employers or public liability, any settlement amount or amount awarded at trial is in fact paid for by insurers. The same general principle, according to Bradley Bloom, a specialist insolvency lawyer at J E Baring, applies where the defendant is insolvent.

This is reassuring news but doesn’t mean it’s easy to find the right insurer – as Bradley explains “perhaps the biggest issue is in finding whoever is now responsible for a company, whether it’s a private liquidator or Government appointed one, and getting that individual or firm to access the right paperwork to get the right information about insurance”. Unfortunately, however important the matter is to you, it isn’t going to be high on their agenda, especially if they have closed their files and been paid perhaps years before. In terms of redress, frankly, you really don’t have any in these situations, so you need to be patient yet persistent.

There is no public database to check public or employers liability and frankly there should be.

Will the PI sector go back to being mainstream law ?

With the recent huge changes massively reducing the possibility of making an injury claim worthwhile for smaller claims both for claimant and lawyers and therefore likely to reduce the huge volume of claims, is it likely that injury law will revert back to being like other areas of law ?

Lloyd Green

Lloyd Green

You may immediately say that you don’t understand what I mean, so let me explain. Personal injury claims have been sold like a commodity, not based on the skills of the law firm or individual lawyer, but essentially as a product, with marketing to the fore.

What’s especially noticeable about personal injury until now is that the marketing budgets have dwarfed other legal marketing for other sectors and the message has been fundamentally different. It’s been almost taken as a given that a claim would succeed and has been all about who can get the best advertising and offer the best inducement.

A particular facet that evidences the clear difference is that very few personal injury websites have even bothered to have a staff page or biographies of staff, which is completely unlike most other legal websites and areas of law where the prospective clients increasingly will want to check out who might handle their case and in an ever more in-depth way, which of course makes total good sense given the importance of legal matters.

The personal injury market has changed now as it simply won’t be as lucrative going forward so it is unlikely that the public will be subjected to the same amount of marketing and the message will also have to change as few if any firms can offer 100% guaranteed compensation now.

Once the public realise also that, in the absence of guaranteed 100% compensation it matters who they instruct, they are likely to be far more discerning about the lawyer that handles their case and the funding offer available, as this is also likely to be different from 1 firm to another.

In short personal injury is likely to become more niche, and whatever the rights and wrongs of the recent changes, that is a good thing because otherwise, it would be all too easy for a an unwitting claimant who has sustained a really nasty injury to think that all PI ;lawyers are the same. A classic example of the more niche approach is medical negligence law because that has always been highly complex and a world away from a whiplash claim following a rear end car accident shunt. With a prospective medical negligence case it’s very important to have an experienced lawyer and law firm to consider the case and advise whether it should proceed.

Lloyd Green is Senior Partner at Lloyd Green Solicitors who can assist if you need no win no fee advice either from medical negligence solicitors or the more specific area of cosmetic surgery.

Holiday accident claims

Holiday Accident Claim

When an individual suffers an illness or accident which wasn’t their fault whilst on holiday then, the chances are, they may be able to claim compensation.

A holiday accident can encompass a wide spectrum of scenarios, from hotel accidents and injuries and travel accidents to sporting injuries and illness. Continue reading

Traffic accident claims

Traffic accidents (or road traffic accidents) are unfortunately frequent despite the increase in road safety awareness and the safety features in modern day cars. This is because most traffic accidents are due to human error or negligence and because of this most people are familiar with the fact that if you have suffered an injury following a traffic accident that was not your fault then you could be entitled to make a claim for compensation. Continue reading

Compensation for injury to ankle

A sprained ankle can cause serious discomfort and limit mobility. In contrast, a broken ankle is capable of causing complete incapacitation to an individual. This can render the affected individual completely immobile, and cause them to live in a state of constant pain. Other issues may arise which are not solely down to these ‘nuisances’, but they could cause longer term problems which can commonly include arthritis. Continue reading

Claims solicitors

A claims solicitor is someone who represents an individual who has suffered an injury as a result of someone else’s negligence, and as a result is pursuing the body responsible for compensation.

The type of work they take on falls under tort law, which basically covers the laws and regulations concerning civil wrongs. It can include legally representing clients who have been injured due to a trip or fall that wasn’t their fault, or those who have been injured from a car accident, an accident at work, or from an accident which has occurred in a public place (such as a road, park, or swimming pool), where the accident was someone else’s fault (either through their own negligence or through a wrongdoing). Continue reading

Slips, Trips and Falls

One of the most common forms of personal injury claims are for accidents involving slips, trips and falls. However, many people are still unaware that if they slip or fall in the workplace, a public place such as a park or recreation ground, the supermarket or even on an unkempt pavement, so long as the accident was a result of someone else’s negligence, they may well be able to put in a claim for compensation. Continue reading

Compensation claims

Not everything in life goes smoothly and according to plan. Even if you are very careful and think you have everything under control, someone else’s negligence might cause you harm. If you suffer an injury as a result of a slip, fall, medical negligence or a car accident, which was not your fault, you might be entitled to compensation.

What is compensation?

The term compensation usually refers to financial compensation; it is an amount of money paid to reimburse you for either pain and suffering or expenses and losses that are a direct result of the accident. There are several factors taken into account when deciding on amount of compensation one can receive. These factors include:

  • Nature and extent of the injuries
  • Consequential financial losses, such as loss of earnings
  • Psychological injuries (in some cases)

There are 2 different measures of damages depending on the nature of the compensation:

  • Tortious measure of damages, which occurs where there is a breach of duty of care, such as if you slip on an uneven pavement and break your leg, the local authority responsible for a proper maintenance of the pavement will be liable. The purpose of tortuous damages is to put someone back in a position they would have been in, has the accident not occurred; and
  • Contractual measures of damages – which aim to put you in a position you would have been in have the contract been properly performed. This applies to employment relations (amongst other situations), such as unfair dismissal or claims for unpaid wages. Continue reading

Dog bite law

 Man’s best friend, the dog can soon become man’s worst enemy when they are out of control, dangerous and aggressive. Of course we do not place dogs themselves in the docks of our courtrooms but rather their owners can be held accountable. However, although not tried themselves dogs can certainly still be punished for their actions, and in fact this country still reserves the most draconian of punishments for dangerous dogs, the death sentence. Continue reading