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SUCCESSFUL TRUCKSTOP NEWS READER’S ACCIDENT CLAIM INVOLVING A FALLING LOAD – PART 1

Published in Truckstop News October 2016.

In this issue Steven Hinchliffe of the professional drivers’ “go to” Personal Injury specialists Hinchliffes Solicitors considers another “READER’S SUCCESSFUL ACCIDENT CLAIM INVOLVING A FALLING LOAD – PART 1”

Continuing his review of completed accident claims, Steven Hinchliffe looks at another situation experienced by a reader of Truckstop News who was seeking an award of personal Injury compensation.  In this particular case we will look into the claim in detail and in this part examine the initial steps taken, and then look at the outcome in the next issue.

All of the accident victims mentioned in these articles are clients of my firm, Hinchliffes Solicitors.  They have given permission to disclose details of their real life experiences resulting in Personal Injury Claims, and the action taken to make a compensation claim.

In this two part article I highlight a fairly common occurrence where drivers find that they have a load that is unsteady, which puts them at risk of injury should it fall.

As with previous articles, the common factor is the often significant effect on the injured person’s life (physically, emotionally and financially) and although using the legal process to make personal injury claims cannot truly compensate for the trauma and inconvenience suffered, it can help not only by providing financial awards of compensation, but also requiring the guilty party to arrange and fund medical and rehabilitation treatment.

CASE STUDY – FALLING LOAD INJURES TRUCK DRIVER – PART 1

For once I am going to take you through a fairly straight forward case where the opponent accepted responsibility for the accident at an early stage.  However, there were issues that cropped up that I need to highlight.

In July 2014 we received a call from a truck driver Mr H of Rugby (name withheld at his request) for whom we had acted in respect of a previous accident.  He told solicitor Phillip Roberts that a day or so before he was stood at the rear of a trailer holding a button to lower the tail lift when some boxes from the load fell towards him.  He instinctively put his arm up, but the boxes knocked him over onto the tail lift and then down to the ground.  They had fallen because the load comprised pallets of televisions, on top of which were boxes of crisps and then boxes of cereals at the top.  The crisp boxes could not support the weight of the cereal boxes, hence they fell.

Cases like this are now handled through an online portal, where the legal costs payable by the losing opponent are fixed.  Where the opponent makes an early admission of liability (as in this case) the level of costs is extremely low, irrespective of the amount of work involved in the claim.  However we, and other solicitors handling Personal Injury claims, have a duty to ensure that the client receives a full and comprehensive service and receives the correct level of compensation.

It is a common tactic by opponents’ insurers to try and buy off an admitted claim cheaply at an early stage.  Mr H’s employer was represented by solicitors appointed by their insurers and in August 2014, the day after liability for the accident was admitted, we received an offer to settle the claim for £1,000 compensation, plus the fixed legal costs.  Fortunately for Mr H his injuries were not severe, and it was likely that their value plus his associated financial losses would not be very high.  The insurers/solicitors were aware of this and felt he might accept this low offer to see an end to the matter, and the “benefit” to us was that we would receive the fixed costs without having to do much work.

It is a disgraceful situation that opponents’ insurers know that some less reputable firms of solicitors may encourage their clients to accept such offers in low value claims as they will make more money out of the case.  This is a serious matter that is currently being investigated by the Solicitors Regulation Authority.

Personal Injury solicitors should notify their clients of all offers made and give them appropriate advice whether the offer should be accepted or refused based on the particular circumstances of the claim.  Did Mr H accept his offer?  It will come as no surprise to find out that he did not, but how did his case finally turn out?  Read the next issue of Truckstop News to find out.

All of my Truckstop News articles appear on my firm’s website at www.hinchliffes.co.uk in the “Latest News” blog link on the homepage.  There is also a search facility to help locate cases dealing with a particular injury or type of accident.

You do not have to be a professional driver to seek our help – anyone hurt in an accident (eg members of your family or friends) can contact us for advice.

Steven Hinchliffe, solicitor and Principal of Hinchliffes Solicitors

© Copyright 2016 Hinchliffes Solicitors

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a No Win No Fee and No Risk basis.

Call now on Freephone 0800 138 1348 or by landline 01684 580900 to speak direct to one of our specialist claims lawyers or go to our Start Your Claim  page to submit details of your accident compensation claim online.

If you would like to know what your injury claim may be worth, please go to our Value Your Injury page.

Confused by the claims process?  Please look at our extensive Information Library.

The post SUCCESSFUL TRUCKSTOP NEWS READER’S ACCIDENT CLAIM INVOLVING A FALLING LOAD – PART 1 appeared first on Hinchliffes Solicitors.



This post first appeared on Personal Injury Compensation - Hinchliffes Solicit, please read the originial post: here

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