Author Archives: Mike Massen

Aeroplane Accident Injury Claims

Aeroplane accident injury claims. In the modern world, many of us take air travel for granted. Technology has advanced to the point that individuals can access the Internet on a mobile device, book a flight and get on board in less time than it would take to drive from Yorkshire to London. If your life experience predates the advent of the World Wide Web, you’ll recall that this has not always been the case. With so much air travel it goes without saying that incidents leading to injury onboard are more likely.

What is the Montreal Convention?

The Montreal Convention (MC99) is a treaty signed in Montreal in 1999. This is fairly common in the case of convention signing (e.g. the Geneva Conventions were signed in Geneva; the Vienna Conventions were signed in Vienna. You get the idea). The Montreal Convention established rules for airlines that must be followed on international flights between countries that are signatories to the convention. It consolidated disparate and individual legislation which had previously existed in separate signatory countries.

MC99 replaced earlier legislation (the Warsaw Convention – dated 1929). The Warsaw Convention came ten years after the first recorded commercial flight between London and Paris. It aimed to agree on common rules between countries for international air travel. Many of the aspects of Warsaw are still in place today: such as passenger ticketing, baggage documentation, and airline liability in the case of injury or death.

Warsaw was amended twice more before Montreal, in both 1955 and 1971. However, modernisation was recognised as necessary by the aviation industry. In 1999, the Montreal Convention aimed to integrate and simplify that which had been established by Warsaw.

What does the Montreal Convention do?

The Montreal Convention provides for fair compensation for death or injury to passengers or damage to baggage and freight, that occurs during an international flight. It applies to all international flights between the 135+ signatory countries and territories. Currently, this includes the majority of UN member states and all EU member states.

Accidents and Liability under Montreal

Importantly, the Montreal Convention sought to better protect airline passengers and bring fairer compensation in the event of a legal claim. There is, however, a delicate balance at work in that it is also intended to promote growth in the aviation industry. Legal settlement can only be pursued in cases where there has been an ‘accident’ which can be seen to restrict airline liability in certain circumstances.

Accidents could include:

  • food poisoning after ingesting airline food
  • spilling of hot food or drink by an airline staff member
  • a broken or faulty seat or onboard equipment
  • assault by another passenger or crew
  • a plane crash.

Liability can only be established for aeroplane accident injury claims if three requirements are met. The passenger must have suffered a bodily injury; which has been caused by the accident; and the accident must have taken place on board (or whilst embarking/disembarking) the aircraft.

The legacy of Montreal

Montreal is known for its traditions. The local dish – poutine (French fries topped with cheese curds and gravy) – is celebrated with an annual festival. It is a city split almost down the middle with French and American influences and multicultural sensibilities. Perhaps it’s fitting then that such a major piece of legislation has its roots in a part of the world which reflects the personalities of so many nations. The impact of the Montreal Convention is as far-reaching as the farthest international flight.

Can we help you?

Yes! If you have suffered an injury that occurred as a result of an accident onboard an aircraft, then please contact us and we can discuss with you how best to pursue a claim. It is important however to act quickly as MC99 imposes a timeline of 2 years in which to pursue a claim.

 

Aeroplane accident injury claims

And when in Montreal ……..

Making a Personal Injury Claim

What to expect when making a personal Injury claim.

For many people making a personal injury claim, this is the first time that they have had to do anything like this and it can be quite daunting. The personal injury team at Cohen Cramer can help you through this process so you don’t need to feel so worried. We can help you understand what to expect throughout the process and help, guide, and advise you on decisions which need to be made. Outlined below is an overview of what you should expect once we have agreed to take on your claim:

Who is responsible?

The first thing your solicitor will need to establish in your claim is who is responsible for your accident, as this will be who you will bring your claim against. This party will be identified as the defendant in your claim. This is not always the easiest thing to establish, but if you provide as much information to your Solicitor at the beginning of your claim, they can begin working out who the possible defendant or defendants may be. For example, you could have had an accident on a defective paving stone outside a shop. It will be necessary to establish whether the Highway Authority is responsible for this area or whether the area is privately owned, and if so by whom.

Drafting the documentation.

The initial documentation will be sent to the defendants and will outline all the details of the accident or incident. The information which will be provided to the defendants will be things such as where and when the accident happened, how the accident happened, whether this accident was reported, why you think the defendant is responsible for the accident, and what happened after the accident i.e. have you sought medical attention for the injuries which you have sustained.

Once your solicitors have taken full instructions from you, they will draft the initial documentation outlining all the above and any legislation which may apply to your accident circumstances. This documentation will be sent to you for your review and approval. It is very important that you read this documentation and ensure that this is correct, as this will form the basis of your claim against the defendant. Ensure all your injuries are detailed fully and do not be afraid to tell your solicitor if you feel like you would like this amending slightly, your solicitors will go through this documentation with you should you have any questions.

Submitting your claim.

Once your documentation is approved, this will be sent to the defendants or their insurers for them to consider. In the majority of cases, the insurers will have up to 3 months to provide your solicitor with their decision on liability. If liability is admitted in your case, your solicitor will arrange for you to undergo a medical examination with an appropriate medical expert. The instructed expert will be independent and will produce a medical report outlining your injuries and their opinion on when you should recover from your injuries. Your solicitor will discuss your report with you to ensure that you are satisfied with the contents.

Medical evidence.

Your medical report will be used to assess the injuries that you have sustained, along with your comments as to how the injuries have affected your life on a day-to-day basis.

This may mean that the medical expert recommends rehabilitation in order for you to make a full recovery. For serious injuries, it may take a long time to fully recover or to be able to establish the long-term effects of your injuries, and this may mean that you may need to see multiple medical experts to assess the different injuries which you have sustained. Once all the medical evidence has been obtained, your solicitor will be able to attempt to value your claim.

Valuing your claim.

Your solicitor will use the injuries outlined in your medical report in conjunction with the Judicial College Guidelines, to place a value on the injuries sustained. Along with this, they will review previous case law to assist with valuing your claim. The valuation will take into account your injuries and the amount of time taken to recover.

Once this has been done, a schedule of loss will then be prepared which will include things such as the cost of any medical treatment, or rehabilitation which you have incurred, travel expenses, loss of income, any home adaptations, and care costs.

These two figures will then be added together to place a value on the entirety of your claim.

Settlement.

Once you have discussed the value of your claim with your solicitor, they may then suggest making an offer to the defendants or alternatively disclose your medical evidence to the defendants to see whether they make the initial offer. Either side can make multiple offers and your solicitor will deal with the communication and the negotiation process for you. They will discuss any offer which is made and also provide you with advice as to whether any offer should be accepted or rejected. This will take into account the circumstances of your claim and also any risks associated with your claim.

If the value of your claim cannot be agreed upon, your claim may be taken to court but your solicitors will try to negotiate an out-of-court settlement if this is possible.

Damages payment.

If you have accepted an offer, you may receive your damages payment in a lump sum once the claim has concluded. Your solicitor will outline your offer to you and advise on any circumstance in which you may not be able to receive a lump sum payment such as if a periodical payment has been awarded by the Court.

The solicitors working within the personal injury team at Cohen Cramer have years of experience in order to guide you and assist you through your personal injury claim.

Jordanna Gee

March 2023

Making a Personal Injury Claim

Sexual Assault at Work

Sexual assault at work. Sexual assault is a crime that can happen anywhere, including within the workplace. It is a devastating and traumatic experience for the victim and can have long-lasting effects on their mental and emotional health, as well as their professional career.

Claims for sexual assault at work can include unwanted touching, sexual harassment, sexual comments, or sexual assault itself. It can be perpetrated by a co-worker, supervisor, or someone outside the workplace who is connected to the victim’s job. It can occur in any type of workplace regardless of the industry or profession.

The impact of sexual assault at work can be significant. Victims may experience feelings of shame, guilt, and fear. They may also suffer from anxiety, depression, and post-traumatic stress disorder (PTSD). These emotional and psychological effects can make it difficult for the victim to perform their job-related duties, which can result in lost productivity and even job loss.

Employers have a legal obligation to protect their employees from sexual assault at work. This includes creating policies and procedures that address sexual assault and harassment, providing training to staff on how to prevent and respond to sexual assault, and taking action against perpetrators when allegations are made.

If you are a victim of sexual assault at work, it is important to report the incident to your employer as soon as possible. Your employer is legally obligated to investigate the allegations and take appropriate action, which may include terminating the perpetrator’s employment and/ or involving the police.

In addition to reporting the incident to your employer, you may also want to seek support from a therapist or counsellor who specialises in trauma and sexual assault. They can help you work through the emotional and psychological effects of the assault and develop coping strategies to manage any symptoms of PTSD or anxiety.

It is important to remember that sexual assault at work is not your fault. No one deserves to be a victim of sexual assault, and there is help and support available for those who have experienced this trauma. By speaking out and taking action, you can help prevent sexual assault in the workplace and protect yourself and others from this devastating crime.

Claiming compensation for sexual assault at work

If you have experienced sexual assault at work, you may be eligible to claim compensation for the physical, emotional, and financial harm caused by the assault. While the process of claiming compensation can be daunting, bringing a claim can help you get the support and resources you need to move forward after the assault.

To claim compensation for sexual assault at work, you will need to take several steps:

  • Report the assault to your employer: You should provide details of the assault, including the date, time, and location, as well as any witnesses who can support your claim.
  • Seek medical attention: It is important to seek medical attention as soon as possible after the assault, both for your physical well-being and to document any injuries or medical conditions resulting from the assault. This medical evidence can be important in supporting your claim for compensation.
  • Gather evidence: Gather as much evidence as possible to support your claim, including any emails, text messages, or other communications related to the assault, as well as any photos or video evidence.
  • Seek legal advice: It is important to seek legal advice from a solicitor who is experienced in bringing claims of this nature and who can guide you through the process of making a claim. They can help you understand your legal rights, advise you on the strength of your claim, and help you negotiate a settlement with your employer or pursue a claim in court.

If you are successful in your claim for compensation, you may be awarded damages for the physical, emotional, and financial harm caused by the assault. This can include compensation for medical expenses, lost wages, pain and suffering, and other damages.

Claiming compensation for sexual assault at work can be a difficult and emotional process, but it is an important step in seeking justice and holding perpetrators accountable for their actions. By taking action and seeking support, you can begin to rebuild your life after the assault and move forward with confidence and hope.

Get the help you need:

If you have been the victim of sexual assault at work get in touch to see how we can help:

 

Sexual assault at work

Sporting an injury?

Sporting an injury? Twisted ankle? Broken bone? Concussion? You wouldn’t be alone if you’d suffered an injury at the hands of sporting recreation. Even sporting superstars are not immune.

Apparently, there is something big going on in Qatar right now. The 2022 World Cup is unique and has heaped many physical challenges on the players performing at the tournament. It is a winter World Cup (for the first time in its history), occurring mid-season in an acutely hot climate. The fact that there have been injuries, including some serious ones, is perhaps not a surprise.

Be ‘En Garde’

Although sometimes sports injuries are genuine accidents, such as the majority of footballing issues, this isn’t always the case in everyday life.

Injury can occur due to the negligence of someone else. For example, when you first join a gym, it is expected that the facility will provide an induction to demonstrate any equipment with which you are not familiar. If you’re taking up fencing, you’d better hope the right supervision, training, and equipment are provided!

Recreational sport is getting more adventurous including trampoline workouts, bungee aerobics, and airsoft events. With great adventure usually comes greater risk. As a paying customer/participant, you expect the provider to have done the research and made all preparations to make the activity safe.

If measures haven’t been taken or if the equipment is unchecked, then incidents can occur. If this is due to someone’s negligence and you are injured, then you may have a claim.

Jesus Priced Superstar

Back to the football analogy. In the summer, Arsenal paid £45 million to sign Gabriel Jesus, a striker from Manchester City. Since then, his form has been excellent, playing 14 times and scoring 5 goals. After representing Brazil 3 times during the World Cup, Jesus suffered a knee injury that now requires surgery. He will be unavailable to play for Arsenal for the foreseeable future.

In order to facilitate his recovery, Jesus will require surgery, physiotherapy, and a host of clinical measures to return him to match fitness. It is a cost his club must bear, even though he wasn’t representing Arsenal at the time of the injury. International-level injuries have long been a subject of contention in football. In 2012, the FIFA Club Protection Programme (CPP) was established to offer clubs an insurance policy to cover injury risk to national team players. Fortunately for Arsenal, the medical bill for Jesus’ injury will be partly covered by FIFA (the governing body responsible for arranging the World Cup).

No CPP? Speak to CCS

We don’t all have access to dedicated medical teams and pitch-side physiotherapy like the elite football teams. However, Cohen Cramer Solicitors do have the expertise to advise and assist you should you find yourself sustaining a sporting injury due to the action or inaction of someone else. With a helping hand, we can help promote you back to the top of the table.

Get the help you need

For expert advice with your personal injury claim get in touch with us today:

Sporting an injury?

In Evidence Consistency is “King”

In Evidence Consistency is “King”. President John Adams was once quoted as saying, “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” The quote from John Adams originates in 1770 (source: https://www.history.com/news/boston-massacre-trial-john-adams-dan-abrams) and therefore predates his presidency. It is taken from a case he was defending after the Boston Massacre when British soldiers fired upon five colonists. During the case, multiple witnesses were said to have given contradictory testimony, perhaps prompting the now-famous remarks about evidence.

Success in a claim for personal injuries hinges on proof that the person or company you are claiming from has been negligent. So how do you do this? Although you may think that you have a closed case, convincing the court is an entirely different ball game. If proof can be questioned, perhaps by inconsistent evidence (as it was in the case of Adams’ Boston Massacre trial), then a successful claim is no longer most likely.

Whilst there are many facets to pursuing a personal injury claim, one important aspect is the actual physical and documentary evidence. What is in existence differs from claim to claim, as evidence for a road traffic collision will differ from that presented for an accident at work or a trip in the street. One thing they do all have in common though is that the evidence should be consistent and support the allegations being made against the alleged wrongdoer.

Consistently Consistent

Evidence crops up in many different forms and, although it may be difficult to have full control over its existence and accuracy, there are steps you can take to assist with consistency.

When you are involved in an accident one of the first things you may be asked to do (depending on the need for medical attention) is to complete an accident report. This may be with your insurers, your employer, or the people responsible for the location at which you were injured. It may be tempting to give a brief explanation or not check what is being written down if this is being completed on your behalf, or to simply think, ‘that’s close enough’. It is of great importance that what is in the document is an accurate and full description of what occurred. The document will be produced in evidence as part of the claims process.
If it differs from the full and formal allegations later provided as part of your claim then this could be detrimental. This is because any errors or inaccuracies will of course make it harder to persuade the court that what you say happened in the manner which you say it did.

Consistency in different situations

Although much harder to influence and check the accuracy of entries, it is also important to ensure that when you attend a medical institution for treatment you think about the information being given to the medical professionals. They are likely to ask you what has happened so that they know how you have injured yourself. Again, try to be as precise as you can and ensure that you maintain the same commentary at each appointment.

For example, “I slipped on spilled oil in the street,” can be interpreted differently from “I fell in the street”. Although in both situations a fall has occurred in the street (one is a slip and involves a substance on the floor, the other is a trip with no explanation as to the cause of the same.

In the weeks and maybe even months following an accident, there could be occasions when this has to be discussed. It may be at a work meeting or with a vehicle engineer or, in the case of a personal injury claim, with an expert who is reporting for the claim. Evidence following the accident should also be precise and consistent.

In written accounts (such as emails) think about what you include. If a claim is against an employer, they can use the emails later down the line and the information may be interpreted incorrectly (e.g. if you apologise or say you did something you shouldn’t have).

When reporting to solicitors, be sure of the facts of the circumstances as these will form the basis of your claim, and once formally documented and submitted it is difficult to change. Make sure, people, places, etc are correct.

The same, not different

One of Adams’ most famous Presidential contemporaries, Abraham Lincoln is remembered for perhaps his most famous quote, “A house divided against itself cannot stand.” Lincoln was referring to the diverging social norms of his day (specifically pertaining to slavery). His words were advocating that slavery must either be universally accepted or denied. In a similar, manner a legal case divided against itself will struggle to stand. Evidence must retain consistency throughout to stand any chance of a claim being successful.

Get the help you need

For expert advice with your personal injury claim get in touch with us today:

In Evidence Consistency is “King”

November 2022

Valuing New Build Defect Claims

Valuing new build defect claims. You’ve bought a brand new home, expecting it to be perfect, however after moving into the property and finding issue after issue, which the Developer simply does not engage to rectify, what can you do? With continuous back and forth you feel like you have no option but to consider legal action.

This is where we can step in at Cohen Cramer.

How we can help

The first element that we would need to establish is quantum. In simple terms the potential value of your claim against your developer, and/or in certain cases your warranty provider. In order to do this we may first ask you to obtain up to three quotes for the cost of the remedial works, as this would give you an indication as to the cost involved in rectifying the issues and therefore the value of your claim.

If the quotes indicate that the remedial cost is to be under £10,000 this would likely proceed as a small claim, whereby legal expenses and expert expenses are generally not recoverable from the other party, save for nominal fixed costs and any court fee paid.

If the remedial costs appear to exceed £10,000, and the issues you have appear to be more serious/complex then it is likely that we will need to instruct an expert to provide a compliant report which may be relied upon in any subsequent court proceedings. Experts that may be required can range from Chartered Surveyors, Structural Engineers, and Quantity Surveyors. It is important to establish as precisely as possible the cost of any remedial works to ensure that your claim is as complete as possible. On many occasions, experts that have been instructed have found defects that property owners were not aware of. If a claim is settled without including all of the defects which could have been known at the time of settlement this may preclude you from claiming these in the future.

In addition to the cost of remedial works, you may be able to claim for other ancillary losses. These will likely depend on the severity of the works, however, these can include having to move into alternative accommodation, storage costs, any duplicated utility bills, and compensation for stress and inconvenience.

Get in touch for help with valuing new build defect claims.

If you would like to discuss your building defect claim further, then please do not hesitate to get in touch with a member of our disputes team today either by:

Alternatively, you can add your details to the box below and a member of our team will contact you.

October 2022

James Colvin, Trainee Solicitor in the Dispute Resolution Team

Valuing new build defect claims.

Cold injuries added to Judicial College Guidelines

Cold injuries added to Judicial College Guidelines. There are changes to the 16th Edition of the Judicial College Guidelines published on the 13th of April 2022.  These now include a specific section on “cold injuries” which are mainly suffered by members of the Armed Forces but can also be diagnosed in people who work in extreme temperatures without adequate protection e.g freezers or chillers.  Cold injuries encompass freezing cold injuries (such as frostbite and frostnip) and non-freezing cold injuries which were formerly known as “trench foot” in the Second World War and result from prolonged periods of exposure to wet and cold conditions without adequate protection. Continue reading →