Archive for the ‘Legal Advice’ Category

What To Do If Your Vehicle Is Written Off

May 1st, 2012 by Admin ROP

If your car is written off, then you have a legal obligation to take it to an authorised treatment facility to be scrapped. Scrap cars can be a lucrative business for criminals dealing unscrupulously, so it is vital that you follow these guidelines in order to ensure that you do not face criminal charges or fines from the DVLA.

Authorised treatment facilities will make sure that your car, light van or three wheeled vehicle is dismantled in an environmentally friendly way and give you a certificate of destruction as soon as they take the vehicle. This certificate is essential, as it means that you are no longer responsible for the vehicle, or liable should it fall into the wrong hands.

If you’re not given a certificate of destruction or your car isn’t being destroyed, you must tell the DVLA that you no longer own it by completing a V5C/3 “Notification of sale or transfer” form. They should then respond by post within a month. If you have dismantled the vehicle personally, you must either continue to pay tax on it, or assure the DVLA that you aren’t keeping it on the public roads by filling in a Statutory Off Road Notification form which you will need to complete annually until you no longer possess it.

If your insurance company decides that your vehicle must be written off, then they will ask for it as a return for loss of payment and you will need to fill in the V5C/3 part of your registration certificate and send it to the DVLA. You will then need to send the rest of the registration certificate to your insurance company.

If the insurance company asks for the entire certificate to fill in and send to the DVLA, then you should contact the DVLA to ensure that your name has been taken off their records to make sure that you no longer have responsibility for the car.

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Personal Injury Claim for Victim of Failed Hip Replacement

April 26th, 2012 by Admin IQY

The victim of a failed hip replacement will seek personal injury claims compensation after the replacement hip apparatus became defective after just four years of use.

Susanna Derham, 40, was told the metal hip replacement would last for upwards of twenty five years, when in actual fact it did not last for anywhere near that.

The ASR hip replacement consists of a metal ball attached to the top of the hip bone with a metal cup replacing the hip socket. The manufacturer of the product, DePuy, has since issued a worldwide recall of the product.

Ms Derham said: “I started to have groin pain, further down the line swelling and everyday activities became harder.”

Personal injury lawyers representing the claimant explained that the metal surfaces of the hip joint wore away and released metal particles into Ms Derham’s blood stream causing further secondary health problems. For both reasons, Ms Derham seeks personal injury compensation.

She said: “I don’t know if I ever will totally recover from this. It’s worrying and you just don’t really know what the future holds for you.”

A spokesman for manufacturers DePuy said: “Since the recall decision was made, DePuy has worked to provide patients and surgeons with the information and support they need.

“DePuy is committed to addressing reasonable and customary costs of testing and treatment for reasons related to the ASR recall and DePuy’s efforts to support ASR patients and their surgeons remain a top priority.”

The claim is just one of an incredible 120 against DePuy, here in the UK.

Ms Derham has since had her ASR metal hip replaced with a ceramic ball joint.

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Changes to UK Asbestos Law

April 16th, 2012 by Admin ROP

The laws regarding compensation for asbestos related injuries has changed several times in recent years and it can be confusing and difficult to keep up with, but this should certainly not stop you seeking compensation if you have been the victim of negligence that has led to an asbestos illness. The reason for the changing laws is to do with small insurance brokers that have been fighting a legal battle so that the policy holders at the time of exposure are not responsible, but hopefully this has been settled recently and finally at the UK supreme court.

Mesothelioma is a form of aggressive lung cancer shown here

When asked about the case, Nick Starling, a director of the British Association of Insurers said “This case has been pursued by a small group of ‘run-off’ insurers acting independently and at odds with the views of the majority of the UK insurance industry” – [a run off insurance company is a company that is no longer accepting new policies].

The insurers pursuing this case wanted the financial liability to rest with the employment insurers at the time the symptoms developed. However, most asbestos related illnesses have an incubation period of at least 15 years, so the companies responsible for the negligence which has caused so much damage are not being held responsible for their actions and victims and their families are being left confused and their suffering extended.

With this new ruling, any victims filing mesothelioma claims or any claim for an asbestos related disease will be able to clearly and confidently pursue justice and compensation from the insurers at the time of exposure.

One of the Supreme Judges, Lord Clarke, said “The negligent exposure of an employee to asbestos during the policy period has a sufficient causal link with subsequently arising mesothelioma to trigger the insurer’s obligation”

Because asbestos inhalation is so lethal, this ruling, based on what Lord Clarke has said, makes exposure to asbestos no different to any other form of workplace negligence that might cause a physical injury. And it places the same level of responsibility with the employer and their insurer.

This recent ruling will bring a great relief to some of the sufferers that have been struggling with long and expensive legal battles on this issue. If you are still confused about the law and your rights for asbestos injuries you can contact a team of expert solicitors for some free and confidential advice.

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Protecting your pension and annuities in divorce

April 2nd, 2012 by Admin PAL

For many divorcing couples, the pension pot represents that largest equity that needs to be divided; only the family home typically compares. There are many complex issues to consider when making a financial split on pensions.

Visit this annuities site for more information on pension splitting. Also, review the guides available on the pensions advisory service website

Sharing pensions as it is sometimes known typically involves splitting the total value of the pensions held between the couple. For example, a husband who has been a serving police officer for 30 years will have a sizeable pension annuity pot. This would be a contributing factor to the total equity that the couple owned and as such would have to be factored into the financial split.

As attractive as it sounds to hide your pension pot offshore and away from your divorcee, this is neither legal nor practical. The best thing you can do in this sort of situation is to seek professional financial advice. IFAs are your ally here, as well as your solicitor.

Just remember to consider your wider financial assets when making agreements on your divorce settlement.

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Do we Believe all we see on TV!

February 20th, 2012 by admin

In the last few years, the TV advertising landscape has changed dramatically, particularly in the field of daytime viewing. Where once advertising tended to focus on household products and consumer goods, nowadays there is a huge presence of companies promoting themselves as personal injury experts and specialists in dealing with the legal matters arising from such claims.

Compensation Claims
This form of advertising has led a far more aggressive compensation market, which has been actively encouraging the public to make injury claims at work, even if the incidents are several years old. They advise people to hire lawyers to seek compensation from the companies, employers or individuals involved.

Many of these offers are advertised on a ‘no-win, no-fee basis’, with large figures relating to previous client successes flashing across the screen. And they certainly have been effective, with record numbers of applicants contacting these lawyers and pursuing out-of-court settlements or taking claims to court.

The Consequences
The effects have been serious. For every person who claims for a personal injury, a large number of non-claiming customers bear the costs through rises in insurance prices. Witness, for example, the rising cost of car insurance resulting from these claims and the increasing number of drivers who drive without insurance, saying they can’t afford it.

The litigation culture has also led to a heavily regulated health-and-safety culture and the cancellation of activities deemed to be ‘too dangerous’, such as school trips, where the public-liability insurance premiums are too expensive for schools and youth groups to pay.

Scammers
The fact remains that for every personal-injury claim that is genuine and deserves compensation, there are other claims which need careful assessment to assess how genuine they really are. Weeding out ’scammers’ is a time-consuming, expensive job that unfortunately continues to have an impact on the everyday insurance costs that the public must pay to cover such activities. It continues to curtail some enjoyable activities, as the burden of regulation and other ‘protective’ measures becomes too much for the public to bear.

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Making a will online: benefits and tips

January 10th, 2012 by Admin JHS

The internet has made it easy for people making a will to do so. Today you can easily write a will without involving the services lawyers or advocates. There are plenty of websites where you can create a will within an hour by just following simple step by step guide. Most websites offering theses services charge a fee not exceeding $100.Wether you are a new parent, a homeowner or a person with zero or fewer assets; writing your will or trust shouldn’t be a difficult thing to do.

Here are several steps or guide you should seriously follow; that is if you decide to write your own will using online means:

Calculate the total assets you own

Compute the totals assets you own, if your total assets are below 2 million dollars then you can easily use an online will writing service. If your assets exceed 2million then it is important to hire the services of a tax consultant before writing a will. This is because you may be liable for Taxation. Lawyers charge a premium to draft an estate plan or will. The average fees lawyers usually charge for these types of services is estimated at about $500 to$1000. On the contrary you can access the same services online by paying very little- just under$100.

Pick your Heir

Writing a will requires that you make personal decisions like for instance who is going to take ownership of your property or assets once you are gone. You can also assign an alternative heir should the person you have chosen dies before you. Picking a heir does not require any knowledge or skill, one is at liberty to choose anybody they dim fit.

Select an executor and witnesses

Wills made online are usually mailed or instantly printed. You are however required by law to sign the will under the presence of at least two witnesses. Though made online the will becomes a legally binding document once you and all the parties present append their signatures on the document.

Put your will in a safe place

Several copies of the will should be produced and kept in different places for easy access. A Will should be readily available to all parties i.e. the executor plus other members of the family should know the exact place where the will is safely stored or located.

Seek advice from a lawyer

As much as online websites or program assists you in writing a will, there are some issues that may require a lawyer interpretation or advice .Issues such as family property, second marriage, step children, owning properties in a number of states etc. Require legal advice from experienced lawyers or attorneys

Writing a will using an online website or a downloaded computer program is both innovative and cost effective. Online methods not only offer affordable ways of writing wills but they also offer much convenience. There are many websites offering this services finding the write service provider requires that you search for ratings and review of a given service before subscribing or paying for it.

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Home Insurance Laws for Conservatories

December 23rd, 2011 by Admin ISK

I like to think that I am someone who plans ahead, so I was a little bit surprised to find out that I had forgotten to add my new conservatory onto my home insurance policy. This is kind of understandable; as I was so busy rushing about getting plants, installing my new double glazing windows and furniture for it that the basics of getting it covered completely slipped my mind.

Of course, getting home insurance for conservatories must be more common these days, as more and more of have they classy rooms fitted to our properties. This made me wonder of what kind of incident could happen to ruin my conservatory in the first place.

Storm Damage

I guess I am not the only person who likes to sit in their warm conservatory and watch a storm rage outside. It is even better when there is thunder and lightning going on, but I suppose it is not impossible to think that a really violent storm could damage some of the windows, is it? The cover will also make sure that I am covered for water managing to ruin the roof and get into it.

Accidental Damage

I actually almost caused a bit of damage to the place the other day. I had fallen asleep in there after lunch and got woken up by someone ringing the doorbell at the front of the house. In my rather groggy state I got up and walked straight into one of the windows. I know that it would require a good bit of force to cause any real damage to my conservatory but it is best to have this covered just in case.

Fire Damage

No one in my house smokes, and I am always really careful about switching off cookers and fires in the evening. However, sometimes these things just happen without you having done anything wrong. It would be terrible to lose the house to a fire and then realise that the insurance claim wouldn’t be enough to let me rebuild my favourite room in it again.

Theft

I made sure that my new conservatory was fitted with strong locks but you can just never be careful these days, can you? There doesn’t seem to be anything particularly valuable in it but when I toped up the price of the furniture, the telly and the other odds and ends it came to a big enough sum to warrant increasing my overall contents cover.

Aircraft Damage

I used to work in an insurance company a few years ago and I always wondered whether anyone had ever had to claim for a plane hitting their house. I guess it must happen sometimes but as we are a few miles from the nearest aircraft route it would take one seriously addled pilot to get it so wrong as to mistake my conservatory for a landing strip. Still, if I have learned anything in the last few years then it is that anything is possible. The image of plane’s tail sticking out of my conservatory while the pilot peeks through my plants might seem bizarre but it would also be heart breaking if I wasn’t covered.

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Accident Compensation Claim for Truck Driver Crushed by Eggs

November 18th, 2011 by Admin IQY

A truck driver has been awarded compensation by his former employer after an accident at work resulted in him being crushed by thousands of eggs.

The 600kg load of eggs caused Phil Stacey, 60, serious injuries after he lost his footing whilst loading the eggs onto the back of a lorry.

He said: “I was clinging on as I didn’t want to see umpteen thousand eggs smashed to pieces, but they did. It was a complete mess.”

During the accident, in 2008, Mr Stacey suffered serious injuries to his shoulder, while his employers denied that there had been an accident, let alone one in which an injury had occurred.

He said: “I was pulling the eggs on to the back of the lorry, over the tail lift with a manual pump on a forklift, like I’d done countless times before. The lorry was mucky and needed cleaning out. I had to give them a yank to get them in and I lost my footing.”

After reporting the incident to the transport office, Mr Stacey was forced to stop lorry driving and seek medical help when the pain became too much to bear. He was also eventually made redundant by his employer.

He said: “I’ve been driving a lorry for years and years. However, I’d never had any weight training or lifting training from the company. The accident was not put in the book.”

Mike Clarke, the accident claims solicitor who handled the claim, said: “Mr Stacey was working in the evening on his own and there were no witnesses to his fall, although he rang his transport office immediately to report it.

“Although the defendant’s insurers admitted various breaches of employment regulations, they flatly denied that there had in fact been any accident. Even if there had been a fall, they alleged that it had not caused his injury and that in any event he had been partly to blame for it.

“After detailed investigation, we started court action and shortly afterwards, the insurers were persuaded to negotiate with us. We secured a substantial sum in compensation for Mr Stacey, who is now back at work with another transport company.”

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Vet Wins Unfair Dismissal Claim Against Cornish Animal Charity

October 27th, 2011 by Admin IQY

A vet in Cornwall has won his unfair dismissal case against a Cornish animal charity. Matthew Thomas was dismissed by the Cornwall Animal Ambulance and Hospital Charity, which cited breach of trust as the reason for dismissal. This came after Thomas circulated a Charity Commission letter among the charity’s trustees which said some trustees had been wrongly removed. He was sacked thereafter.

The employment law tribunal heard that Mr Thomas was unfairly let go for making the disclosures. The claimant went on to explain that he had been assured that the removal of trustees was not illegal by the executive trustee’s chair Jenny Jarram, secretary Pat Holloway and treasurer Trevor Chalker.

The Charity Commission was already in the process of investigating the Cornwall Animal Ambulance and Hospital Charity before the controversy of Mr Thomas’s dismissal. Mr Thomas said that it was not long after joining the organisation that he discovered that the Charity Commission had not agreed with the removal of former trustees, and when Mr Thomas pursued the matter he was threatened by Chalker to ignore the commission or face the sack.

“Phrases along the lines of ‘if this information is spread to anyone else then you may be called in for disciplinary action’ [were uttered].

“It was quite clear if you circulate these emails you may lose your job.”

Mr Thomas contacted the six Trustees he believed to be those stuck off and was dismissed shortly afterward. But My Chalker claims he had been happy for Mr Chalker to speak to the commission.

He said: “We as the trustees acted in the best interest of the charity throughout this whole affair.

“As far as we’re concerned reporting the matter to the radio and screaming it from the roof tops has only one end result, which basically can cause great damage and harm to the charity, which we as the trustees certainly don’t want to see happen.”

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Solicitors in Essex

October 24th, 2011 by Admin JHS

Solicitors in Essex are top legal advice officers who represent people around the area. Often these people work in government departments. Some of the solicitors online solicit legal services for lawyers around the area for a small fee.

The U.K. lawyers or solicitors in Essex often give advice. Legal representatives often produce legal documents for clients, and will do preparatory work for barristers. Most solicitors hold advocacy qualifications and can often represent people in a courtroom.

If you need legal assistance, you can go online to find a solicitor in your area. If you have been charged with a crime, or else considering a divorce there is legal representatives online who specialize in all fields. Using the Internet, you can do a quick search and find an attorney with ease.

Directories are available on the Internet, which give you another option. If you know the attorney’s name in Essex, you can type in his/her name to get results. Otherwise, you can type in the keywords solicitors in Essex to find an attorney in your area.

Lawyers are available who handle divorce, criminal law, mediation, arbitration, immigration law, civil, family law and more. The Internet has made it possible for everyone to find affordable lawyers online. Lawyers are able to cut back expenses by offering services online, which means they can cut back on cost to service you.

If you need more services such as car accidents, criminal defence, DUI/DWI, criminal law or divorce services is offered by various lawyers online. Lawyers are available to offer you car accident legal advice, domestic violence, business litigation, bankruptcy and debt. It is important that you are aware of what attorney’s offer you simply because it will make it easy to narrow down your search. (more…)

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