Walker Laird’s Personal Injury Lawyers in Paisley and Glasgow are here to Help
Have you had an accident in the last 3 years that was not your fault? If so, Walker Laird’s expert personal injury lawyers in Glasgow and Paisley are here to help.
Acting for clients throughout Scotland, our personal injury lawyers led by experienced solicitor Michael Wilson offer pragmatic solution based advice and work tirelessly to achieve the maximum settlement available. We act for clients across a broad range of claims, including:
- Road traffic accidents
- Accidents at work
- Slips and trips
- Whiplash Claims
- Medical Negligence
- Psychiatric Injuries
- Fatal Accidents
Not only will we attempt to resolve your claim through negotiation but we will also raise a Court action on your behalf should this become necessary. We will also obtain all the necessary expert reports to support your claim.
We offer funding on a no-win no-fee basis being one of, if not the only, local law firm in Paisley offering this service. This means that if your compensation claim is unsuccessful, you will not have to pay a fee for our services. When it comes to Walker Laird it is really is no-win no-fee no hassle!
With the ongoing Covid-19 pandemic many clients are surprised to hear that we are open for business and offering our full range of services. To ensure your right to claim is protected get in touch with us today to arrange your free consultation with our personal injury lawyers in Paisley and Glasgow.
Accident at work? Here’s what you need to know
When it comes to accidents at work, it can often be a daunting process when looking to pursue a claim especially if you are unsure of how to go about it. Here we have summarised some key facts to consider when reporting an accident at work or claiming compensation for a workplace injury.
Key Points
Employers have a duty of care
Under the 1974 Health and Safety at Work Act, employers have a duty of care to take all measures possible to ensure the health, safety and wellbeing of their employees. This often involves providing adequate health and safety training, advising employees on health and safety issues and carrying out risk assessments to name a few.
Common types of work injuries
Common types of work injuries that you can claim compensation for include slips and trips, dangerous practices, defective equipment, insufficient training, assault at work, negligence of co-workers and more. With any claim, the amount of compensation will vary depending on the accident reported.
Employers must record all accidents at work
Employers must keep track of all accidents at work in line with RIDDOR regulations. RIDDOR stands for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations which governs who reports accidents at work and how they’re reported. Logging all accident reports also allows for understanding how the health and safety strategy in the workplace can be improved.
You can’t be sacked for making a claim
A main factor for employees hesitating to make a claim is due to the thought that their job might be under threat. This is not the case. All employees hold the right to claim compensation for an accident at work under the 1996 Employment Rights Act and employers cannot dismiss an employee for making a claim against them.
If you have suffered from a workplace accident and looking to make a claim, it’s important to note that the sooner you make this claim the better as there’s a strict time limit of three years for making a claim.
If you have had an accident and would like our assistance, please contact our specialist court team on 0141 887 5271 (Paisley) or 0141 886 5678 (Renfrew)
Distracted Drivers and the Dangers
The law regarding mobile phone usage at the wheel has recently changed, involving a hefty fine and penalty points for those caught. Recent study results have shown that road users are frightened by the idea of colliding with a distracted driver more than having their car stolen or driving in bad weather. If you’re involved in a road accident caused by a distracted driver, it’s important that you know the correct procedure to take.
The new penalties imposed on drivers include a £200 fine and 6 points. This is an increase of £100. The aim is to discourage drivers using their phone at the wheel. Additionally, those who have been driving for less than 2 years will have their license invalidated requiring a re-sit of both their theory and practical exams. But what about you? How can you claim compensation for a road accident that wasn’t your fault?
Essential Information
There can be a lot of confusion and shock following a car accident, but there is some information you should collate in order to claim successfully:
- Share information with the other party including names, contact details, insurance details, registration numbers and make and model of vehicles.
- Take photographs of the incident as a visual aid towards your claim.
- Take witness information and refrain from discussing the incident, this will help you with your claim if things go wrong.
- Report incident to the police in the case of future disagreements with other party.
- Inform your insurance company immediately
By following this advice it will assist your solicitor in making a successful claim.
If you’ve had a road traffic accident and need some advice, guidance or assistance, please get in touch on 0141 887 5271 (Paisley) or 0141 886 5678 (Renfrew).
Simple Procedure
Simple Procedure came into effect on 28th November 2016. It’s designed to provide a speedy, inexpensive and informal way to resolve disputes up to £5,000. It has replaced the Small Claims procedure as well as Summary Cause Procedure for certain types and values of cases.
The Rt. Hon. Lord Carloway, Chair of the Scottish Civil Justice Council, said “The simple procedure has been designed with the party litigant in mind, using accessible language and incorporating user-friendly guidance into the rules”.
There are extensive online resources that explain the procedure and how it has been implemented. Once an action is raised, the sheriff has a number of options. On many occasions, he may ask the parties to focus on alternative dispute resolution or negotiated settlements in an effort to resolve issues between them. The sheriff can also dispense with the action without a hearing if there are circumstances that support that course of action. The online support for this new procedure on the Scottish Courts website. You can read all about the new Simple Procedure by clicking here.
Whilst it’s been designed for use by individuals, we are happy to look after your interests using this new procedure.
Get In Touch
If you need our help, call us on 0141 887 5271 (Paisley) or 0141 886 5678 (Renfrew).
Claiming Personal Injury Compensation? Watch out for that Time Bar
If you want to pursue a claim for personal injury, the Court of Session in Edinburgh recently highlighted the importance raising a court action within the correct time limit.
The law relating to the time limits for an action to be raised has been in place since 1973. Section 17 of the Prescription and Limitation (Scotland) Act 1973 sets out the time limit for raising an action for compensation where someone has been injured and Section 18 covers the position where someone has died.
The general rule of thumb when making a claim is that if a court action is needed, it must be raised within 3 years of the date of the accident.
However, there are certain types of claim where the time limit for raising the action is limited by other legislation. In this particular case, the time limit was 2 years instead of the normal 3 years.
This case concerned an action by the widow of a scuba diving enthusiast, Lex Warner. On 11th August 2012, he chartered a boat to pursue his hobby and, three days later, lost his life. It was claimed Mr Warner had fallen on board the vessel and had injured himself. Despite that, the instructors employed by the Defenders, Scapa Flow Charters, apparently allowed him to proceed with his dive where he got into serious difficulties. Mrs Warner claimed that the instructors’ negligence had led to her husband’s death.
The action was raised in the Court of Session on 14th May 2015 which, in terms of the 1973 legislation, is within the 3-year time limit.
The Pursuer and Defender agreed that the terms of the Athens Convention applied. The Athens Convention declares a carrier liable for damage or loss suffered by a passenger if the incident causing the damage occurred in the course of the carriage and was due to the fault or neglect of the carrier. You can view the Athens Convention by clicking here. Lord Boyd, in his judgement, explains that “Any action for damages arising out of the death of or personal injury to a passenger or for the loss of or damage to luggage shall be time-barred after a period of two years”. Having made such a determination, then dismissed the action as being time barred.
If you do have an accident and wish to claim compensation, it pays to make sure you examine all aspects of the law relating to it. You should not simply assume that UK law is the only law that applies. You can read the judgement in full by clicking here.
Contact Us
If you have an accident and would like our assistance, please contact our specialist court team on 0141 887 5271 (Paisley) or 0141 886 5678 (Renfrew).
Accidents Can Happen
Here’s one for those of you who like numbers. Do you know that the Health & Safety Executive have published figures showing that in the 2014/15 year employers reported there to have been 78,000 non-fatal injuries to workers? When worker-reported accidents are taken into account, that figure rises to 611,000 injuries at work. Confused? You might well be! If you would like to explore this discrepancy in the figures and delve into them more, visit the HSE website by clicking here.
It is very clear that accidents can and do happen – and, it would seem, in increasing numbers!
We look after your needs when it comes to making a claim if you sustain an injury through an accident at work, a car crash or, indeed, any type of incident where an injury is sustained.
We negotiate the best possible outcome. Our aim is to help recover uninsured losses such as an excess on an insurance policy, car hire expenses as well as repair costs and damage to property and, if you have sustained an injury, we will negotiate a settlement of that for you as well.
We listen to you to make sure we are fully aware of all the circumstances. We keep your needs in mind throughout the entire process and report back to you on progress at every stage.
Contact Us
If you have an accident or are injured at work and need some advice, guidance or assistance, please get in touch with us on 0141 887 5271 (Paisley) or 0141 886 5678 (Renfrew).