Burd Ward attend Irby Bike Show

On your bike!

I spent Sunday getting my Bike out of the garage and giving it the once over before I start cycling again for the 1st time this year. With the weather becoming warmer and dryer and the evenings becoming lighter, more and more of us so called “fair weather” riders are getting back on our bikes and back on the roads. Many will start riding to and from work as well as taking the family out on the roads for a day out.

But recent events have highlighted the risks to cyclists on our roads. Yes we have cycle lanes but not everyone sticks to “their” lanes, cyclists and drivers alike.

I am an advocate for dashcams and I see many cyclists now with headcams. They are a great weapon in the war against dangerous drivers and if you are on your bike, and are hit by a vehicle, a headcam can make all the difference between being able to make a claim for injury, or not. For as little as £40 you can monitor your journey to and from work, and monitor those around you.

At the beginning of the year there were 13 cyclists deaths on UK roads, with 4 being in London City Centre alone. In 2013 (the latest information available) 109 cyclists were killed, including 6 children. 3,143 cyclists were seriously injured and 16,186 slight injuries, making a total of 19,438 casualties, including 1,958 children.

Cycling itself has increased with approximately 10% more people taking to the roads on their bikes.

I have dealt with hundreds of claims for cyclists over the years and whilst they are getting easier to do, with more recognition of the cyclists rights on the road, the injuries suffered are not getting any less severe.

I have dealt with brain injuries, spinal injuries, loss of limbs, crushing injuries, leg braces, pins in limbs and loss of senses. All presenting their own difficulties to my clients. As a fellow cyclist each case makes me that little bit more mindful of cycling on the roads, particularly in rush hour traffic.

What many of the cyclists I deal with don’t know is what exactly they can claim for following an accident. The list is vast but as an example I had a client who cycled every day to and from work, as well as for pleasure at the weekends. Following his accident he suffered a severe back injury and could no longer cycle because of the angle you sit at. As a result he couldn’t get to work. Public Transport wasn’t viable in his area, and with his injuries, and so I claimed for driving lessons and a car (albeit a very modest car). But this meant that he could still get out and about. His bike had cost him in excess of £10,000 and I successfully recovered the full cost of the bike, having got a specialist report. My clients injuries were not life changing but they would have an impact on him for several years to come.

Assessing a client’s injuries from the outset of a claim is vital. It can be the difference between a claim that is worth £5,000 and a claim worth £25,000. Not all Solicitors remember, or even know, all the losses to claim after an accident. From claiming for Loss of earnings, pension loss, loss of enjoyment of a hobby, to claiming for a specialist piece of equipment. Getting the right Solicitor is the most important decision you will make, after making the decision to claim.

So if you have an accident you need to call Alisha Butler-Ward on 0151 639 8273 and quote “bike” for free initial advice on making a claim.

Just been on Holiday and got ill!

So after researching were to go and then spending what can only be described as a small fortune on a Holiday, to celebrate my wedding and our 1st Christmas together, I was very disappointed when I fell ill.

I thought my illness would pass but after 3 days of not being able to eat or drink I went to the onsite Doctor. The Doctor spoke broken English and wrote out the prescription and letter for my insurers in Spanish (I think). I was told by the Doctor that I was ill due to something I had eaten and I was given an injection and about 3 different types of tablets to take a various times of the day, together with chewable tablets and a dissolvable drink substance. I had to pay for the medication and treatment which ate into our Holiday spends. I was told to only eat rice and chicken and only drink water. Not a great way to enjoy an All Inclusive Holiday! When I asked my tour representative to translate the letter from the Doctor to my insurers, the look on his face was one of horror and he told me it was due to food poisoning. We had to cancel a long awaited trip to Havana and spend all our time on the complex. Meaning we could not enjoy the remaining week that we had left and I could not toast to the New Year, but spent midnight in bed while others went to the Hotel’s beach party.

When you fall ill on Holiday it is important to try and pinpoint what you believe has made you ill. What day you began feeling ill, where you had eaten that day and/or the day before and what else you did at the time such as swimming in a pool. If other people on the same holiday fall ill then it is important to get their contact details. Many Hotels will say that you were an isolated case. This is what my tour representative tried to say to me. But I knew of another lady who had the same illness but had ended up on a drip for several days, so I knew it was not an isolated incident.

Poor food hygiene is what causes most illnesses whilst on holiday. Whilst this may not be as a direct result of your holiday representative or tour operator, it is still their responsibility to ensure that good food hygiene systems are in place. It is your tour operator’s responsibility to take all reasonable steps to ensure your health and safety is not put at risk. If they breach or fail in that duty then you may be able to pursue a claim.

Can you claim?

If you have suffered illness abroad, you may be able to claim compensation either against your tour operator under The Package Travel, Package Holidays and Package Tours Regulations 1992 or against your hotel, cruise line operator or any other party that has caused your illness.

What can you claim for?

This depends on the circumstances but generally you can claim for loss of enjoyment of the holiday and out of pocket expenses, together with compensation for the illness/injury itself.

What to do if you become ill.

  1. Report your illness to your Holiday Representative and Hotel Staff. Make a note of the person you spoke to, time and date, and their comments.
  2. Seek medical attention.
  3. If you are required to be isolated request in writing the reasons you have been placed in isolation and the nature of the illness that is requiring the isolation.
  4. If you are required to provide a stool sample, request in writing the reason for the stool sample and the illnesses it will be tested for. Ask for the name and address of the laboratory and a copy of the test results. You should also seek confirmation as to whether this stool sample test results are being provided to anyone other than you, such as your holiday tour operator or the hotel/cruise ship.
  5. If you are given medication try to make contact with your GP and seek confirmation that it is safe for you to take, particularly if you are on other medication or have other illnesses. Remember some medication is not approved for use in Western Countries but you may still be prescribed it.
  6. Keep all your receipts for the medical treatment and medication.
  7. Ask other holiday makers if they now if anyone else has suffered any illness. If they have then take their names and contact details.
  8. When you return home, whether you feel better or not, go to your GP and tell them what happened and the symptoms you had. You may need to provide a further stool sample to your GP to rule out long lasting illnesses which you may have despite having no obvious symptoms.
  9. Seek legal advice about making a claim!

Written by Alisha Butler-Ward a Solicitor with Burd Ward Solicitors.

Wearable software could be used in personal injury cases in the future

Whilst working from home this week, due to the weather, I have seen on the TV (on in the background whilst I work) on a daily basis a programme called “Claimed and Shamed”. This programme details scammers and those who make fraudulent Personal Injury cases, as well as other fraudulent activity. Todays case was a man who grossly exaggerated his personal injury claim after an accident at work. He was claiming over £900,000 and was secretly recorded by the Insurers carry out activities he had said that he could no longer do. I then turn my attention to PI Brief and read about how an Apple Watch could help in future Personal Injury claims by monitoring the activities of the wearer. When I looked into it further I found that in a case in Canada a firm of Solicitors are using a Fitbit to gather information about the daily activities of the Claimant to show that her lifestyle is now less active as a result of her injuries.

So will this idea cross the pond and be used in the UK by Claimant Solicitors? Well as a catastrophic/serious injury solicitor I think its a great idea. I think it could be used by Claimants to prove the impact of their injuries and the effect on their lifestyle. Currently we seek to rely on medical reports from Experts who only see the Claimants for a limited period of time and who generally ask pre-determined questions which are not necessarily case specific. After which they produce a medical report upon which the claimants compensation will be valued. Yes we can elaborate on the affects the injuries have had on the Claimant, within a witness statement but this is based upon the Claimant being able to remember specifics and above all being believed.

However, will the Insurers and Courts accept the information as evidence. One would hope so given that developments with social media and intelligence gathering on behalf of the insurers is used to attempt to smear the names of some genuine Claimants particularly when they try to link claimants with defendants on facebook, despite facebooks own research which shows that we are all linked on facebook via 4-5 degrees.

It may be the case that the insurers will demand that the Claimants wear the devices during an “assessment” period. If Claimants refuse it will be another way for claims to be struck out.

As with everything there will be pros and cons but if Claimant Solicitors utilise this new technology to their advantage then we will be a step ahead!

Article written by Alisha Butler-Ward.

Death of local mother after giving birth to still born son

Wirral University Teaching Hospital NHS Foundation Trust, also known as Arrowe Park Hospital, have agreed a 5 figure settlement with Family of woman who died after giving birth to a still born son.

It was reported in the daily news today that Carly Harper, from Westkirby, Wirral, was admitted to Arrowe Park Hospital in May 2012 when she was 24 weeks pregnant, after her waters broke and her contractions started. Carly was pregnant with her first child and was only 26 yrs of age.

Carly advised the staff at the Hospital that she was in pain and after an Ultrasound it was discovered that her unborn son was dying so the Doctors induced birth. Carly did not give birth until 6 hours after the scan, when she gave birth to a still born son.

Carly was taken into intensive care and placed on a Ventilator but died the following day of multiple organ failure.

Carly’s family held Arrowe Park Hospital for their daughter’s death, claiming that the Hospital staff delayed inducing her labour and they did not act quickly enough on signs she had sepsis, a severe infection.

The Hospital trust produced a Serious Incident Review Report, which recognised a number of failings in the care that was provided to Carly. One of those failings was the failure of the obstetric team to respond with sufficient urgency to the seriousness of her condition.

The trust admitted that “there was a delay in delivering the deceased’s foetus and in administering the second antibiotic as per Trust policy”. But the Trust did not accept that their failings contributed to and/or caused Carly’s death.

It will be interesting to see what Coroner David Lewis determines to have been the cause of Carly’s death when the inquest is held in the near future. The inquest is expected to take 3 days and he will hear evidence from clinicians that were responsible for Miss Harper’s care.

If you or someone you know has suffered medical negligence then get in touch with Alisha Butler-Ward at Burd Ward Solicitors* on 0151 639 8273 or by email on alishaward@burdward.co.uk

Choosing a Solicitor is vital in multiple or serious injury claims

The Daily Mail Online reported this week that Paul Vallance has received £4 million in compensation after a head-on car crash that left him too angry to work.

Paul did not seek legal advice from the outset and it was only when Paul’s mum sought legal advice that the true extent of his injuries became apparent.

From the report it would seem that Paul Vallance had an undiagnosed “serious” brain injury. Despite 19 days in Hospital and classic signs of brain injury, such as amnesia confusion and losing the ability to speak, together with aggression, loss of self-control and inappropriate behaviour. No-one is suggesting any fault by the Hospital who treated Paul and I assume that his injury was diagnosed as “a mild injury” because Paul, like many others nowadays, dealt with the insurers direct, initially. It would seem to me that the insurers misdiagnosed Paul injuries, whether this was due to the inexperience of the file handler or a “rush” to settle the claim for the least amount of compensation.

I have seen this happen before and it is happening more often.

Only experienced Solicitors can ensure that the treatment and rehabilitation that is provided is in the best interests of the client. The insurance companies are just that – companies! They all have profits to make and paying out for serious injuries impacts on those profit margins, as does providing a victim with adequate care and rehabilitation.

I only worry how many other people there are out there that accepted the help and compensation from the insurers, when the true extent of their injuries were not fully investigated.

My recommendation – get in touch with a Solicitor every time you are involved in an accident, just in case!

Written by Mrs Alisha Butler-Ward Catastrophic Injury Solicitor

Alisha Butler-Ward joins Burd Ward as Catastrophic & Serious Injury Solicitor

Alisha Butler-Ward - Catastrophic & Serious Injury SolicitorBurd Ward Solicitors are happy to announce that Mrs Alisha Butler-Ward, a Catastrophic & Serious Injury Solicitor has now joined their specialist Personal Injury team.

Alisha is a Solicitor Advocate with over 18 years experience in Personal Injury and specialises in Brain Injury, Spinal Injury, and Amputation Claims, to name but a few.

This year alone Alisha has won a claim in the sum of £1 million, for a traumatic amputee client. Alisha is involved in various charities who offer support to Amputees and those who have suffered Catastrophic injuries following an accident.

When dealing with Catastrophic / Serious Injury claims the relationship between the client, their family and the Solicitor is extremely important. More often than not these claims can last several years due to the complexity of the injuries and the rehabilitation required. It is therefore vital that victims instruct an experienced Solicitor who they can build a relationship with and who they can rely upon for support and advice, not only for themselves but for those around them.

A Catastrophic / Serious injury can change not only the clients life, forever, but the life of their family and friends. All those affected need the right support and advice to assist in coming to terms with the effects of the accident. This is why the Solicitor is not only a Legal advisor but often becomes a companion to the client and family, and the only constant in a time of uncertainty.

Clients and families of those who have suffered as a result of Catastrophic / Serious accidents, will have a higher demand for Justice, as opposed to a concentration on monetary compensation and this demand must be handled sensitively and expertly. Unless liability is established quickly, no immediate compensation will be forthcoming and therefore the main focus when initially dealing with such a claim should be on establishing liability, as well as working alongside the medical professionals to ensure that the client is receiving the right treatment and rehabilitation.

Ensuring the right treatment is given, by the NHS or Privately, is aided by a Solicitors experience in dealing with the relevant medical professionals and having the right knowledge, experience and contacts in the medical industry. It can be imperative for surgery, prosthetic limbs, adaptations and other medical aids to be provided at the earliest opportunity and it is the Solicitors role to ensure that all recommendations are provided.

A Catastrophic / Serious Injury can affect many people, not only the injured person, but those around them and particularly those who care for them. These additional issues will need to be considered when the care regime is formulated. It should be standard practise for a Rehabilitation Report to be prepared at the earliest opportunity to give
the client, their family and the Solicitors involved, a better understanding of the client’s requirements and to assist in obtaining the correct treatment and rehabilitation for the client.

For most clients and their families the idea of making a claim is the last thing on their minds and the thought of litigation is stressful but an experienced Solicitor will be there every step of the way and will understand these feelings and will explain in detail the process involved. It is also important to know that your Solicitor is on hand at any time and will support you through your rehabilitation as well as the litigation.

If you or someone you know has suffered a Catastrophic / Serious injury as a result of an accident then please contact Mrs Alisha Butler-Ward at Burd Ward Solicitors on 0151 639 8273; or 0771 4236784; or email on alishaward@burdward.co.uk

Could your children sustain a concussion whilst playing sport?

Whether children/young adults play Football or Rugby they could be in danger of sustaining at the very least a concussion and/or “minor head injury”. Most recently Tottenham keeper Hugo Llioris briefly lost consciousness during Tottenham’s game against Everton when he collided with Romelu Lukaku. He was assessed on the pitch and allowed to carry on. But Football unions called for changes to the Head Injury Guidelines with the Professional Football Association saying that footballers should be removed from play is they lose consciousness.

So what happens at schools or local football matches that children/young adults play in, what are the guidelines there and is there someone suitably qualified to spot the signs of concussion and/or a minor head injury.

We certainly do not want to stop our children/young adults from playing such sports but we have to be confident that the continued participation in such sports is not causing lasting damage to those who play.

Many Rugby players will suffer will suffer repeated concussions during their career. But similarly footballers who header a fast moving ball can find that the impact is severe given the force by which the ball is travelling.

Such is the issue that The Washington Post reported on 30 May 2014 that the First ever summit was to be held on Sports Concussions was to be held in the White House with President Obama stating that the Culture of American Sports needed to shift to cope with danger of concussions suffered in sports.

The summit resulted in new financial commitments by the federal government and the private sector into research into concussions to help train paediatric neurologists specialising in sports concussions and research into how to prevent diagnose and treat the injuries amongst young athletes.

So what should we do and what should we look out for?

Well top scientists suggest that for someone with suspected concussion, you take them off and watch them that night. But what if you are not present at the game? Being observant and talking to player afterwards is key. Ask them if they came into contact with anyone else or headed the ball. Look out for signs of concussion/head injury such as:

  • Nausea
  • Headaches
  • bruising or swelling dizziness
  • unconsciousness
  • difficulty speaking, such as slurred speech
  • Double vision
  • balance problems
  • memory loss
  • irritability or unusual behaviour

Further information can be found on the NHS website at: http://www.nhs.uk/conditions/head-injury-minor/pages/introduction.aspx

Contact Alisha Butler-Ward at alishaward@burdward.co.uk

Ferrybridge Power Station Fire

At 2pm on Thursday 31 July 2014 the West Yorkshire Fire & Rescue Service was alerted to a fire a Power Station C of the Ferrybridge Power Station, Knottingly.

At one point 15 fire engines were in attendance at the power station which is a coal powered station. Thick smoke and flames could be seen rising between two silo-like structures which were located near the cooling towers. The black smoke could be seen rising from miles away and local roads and motorways were also affected.

The blaze had resulted in the partial collapse of the tower, believed to be used to remove sulphur dioxide from gases produced at the power station.

What can the smoke cause?

Whilst it was reported that there were no immediate injuries reported, we are interested in hearing from local residents or employees that have sustained injuries, such as the following:

  • Skin problems, including severe itching, eczema and skin rashes
  • Sore, itchy eyes
  • Nose bleeds and headaches
  • Breathing problems, chesty cough or asthma attacks

Can I claim compensation?

If you or someone you know has suffered any of the above symptoms and sought medical attention as a result then we would recommend that you contact us for guidance and support on making a claim.

Please contact Alisha Ward at Burd Ward Solicitors on 0151 639 8273 or at alishaward@burdward.co.uk

Accident at work?

People are involved in accidents at work every day, from office workers to factory workers. It is important that any accident, no matter how minor, is recorded in your employer’s accident book as the smallest of injuries can in some cases result in more serious consequences.

Your employer is under a duty to ensure that you are in a safe working environment, which can range from keeping the workplace clean and tidy to employing capable members of staff to be your colleagues.

If you are injured as a result of a breach in this duty then you may be entitled to claim compensation and should seek legal advice.

If you are involved in an accident at work then besides ensuring that the matter is recorded in the accident book, you should speak to your first aider, report the matter to your supervisor, record details of any witnesses and seek medical attention.

If you are concerned about making a claim against your employer you should be aware that you actually have 3 years from the date of the accident in which to issue court proceedings. Quite often serious injuries result in long absence from work, possibly meaning that your employment will come to an end, and it is important to remember that you may still be able to pursue a claim once your employment has finished, providing it is within the 3 year period.

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