Personal Injury Lawsuit

In the past six years, York council has pain out over £1 million in compensation. The number of claims against the council had been steadily rising since the early nineties. In 1999, the council paid out a massive £607,000 in compensation.

The majority of claims have been concerning slip and trip accidents in public places. Mostly these types of claims involve loose or cracked paving stones which have led to tripping causing injury.

Some have blamed the supposed compensation culture which is said to be sweeping our nation. Others feel that the council is to blame for their poor maintenance of public roads and pavements.

The council had no system for checking and repairing pavements and potholes regularly, so was largely to blame for the high number of slip and trip accidents on the streets of York.

With each claim the council was forced to pay out as it had no defence. The roads of York were in a poor condition and not enough was being done to sufficiently maintain them.

As more successful claims were brought and people continued to have accidents due to the negligence of the council, it became apparent that something needed to be done.

David Walker, the council’s head of risk, insurance and procurement services, realised that something needed to be done to protect the public and save the council from regularly paying out for compensation claims.

“As we got to the end of the 1990s, there were a huge number of claims coming into us,” says David Walker. “We realised we needed to do something to address the issue.”

In a bid to rectify the situation, in 2000, the council hired two highway safety inspectors whose jobs were to regularly patrol and inspect the city’s streets. They report back on any cracked or loose paving stones or open potholes that required attention and repairing.

Hiring just two safety inspectors has made a dramatic difference to the amount of compensation paid out. Every year since, bar 2005, compensation payouts have fallen.

2007 marked a landmark for the council, with less than half the amount of claims made than six years ago when the new system was introduced. The monetary amount in payout had also fallen hugely, by 2007, only £69,000 was paid out in compensation, compared to the £607,000 paid out in the year before the two safety inspectors were hired.

The main reason for the reduction in the number of claims made is that less people are hurting themselves, which is surely the best outcome for everyone. However there are worries that the council is now refusing to pay out for people who have genuinely hurt themselves.

While in 2000, over half of all claims made resulted in compensation payouts, last year less than 10% of claims resulted in a pay out.

Mr Walker vehemently denies this, saying that reports from safety inspectors by the councils insurers have always been used to check the validity of claims. “There are still genuine claims, where we genuinely have been negligent, and if we are liable, we will pay.” Says Mr Walker.

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Beverly Hills is located in the western part of Los Angeles County, California. It is where some of the largest homes in county and the nation are situated.

The luxurious and extravagant living however, does not exclude Beverly Hills residents and visitors from accidents. Just like in any other place in Los Angeles, injury-causing accidents still happen in this place.

Accidents and misfortunes can occur at any place. It happens irrespective of a person’s social standing or class.

To ensure that you get the justice you deserve, you should consult Beverly Hills personal injury attorneys. Most especially if the injuries are caused by the negligent act of other parties.

How Personal Injury Attorney can Help

An ordinary person may be clueless of what a personal injury really is. He/She may think that pursuing a legal action on this case is easy and uncomplicated. But the thing is, laws on this area can sometimes be confusing and complex.  

If injury or harm is caused by the negligent act of another, it entitles the victim to a personal injury claim. Consequently, he needs someone who is equipped with knowledge and experience to pursue his claim.

Generally, the purpose of a personal injury claim is to determine who was at fault and to oblige the responsible party to reimburse the aggrieved person for the losses sustained.

Personal injury attorneys make sure that their clients obtain the proper compensation for damages provided them under the law. Some of the claims for which injured parties are legally entitled include, but not limited to, the following:

•    compensation for lost wages

•    past and future hospitalization bills

•    reparation for both physical and emotional pain or injury

•    claim for damages for any deformity 

Occasionally, a family member of the injured person, such as his/her spouse, may also be entitled to damages known as loss of consortium damages. This is intended to compensate the loved one for the loss of the injured or deceased person’s services, companionship or affection.

The injured party may also be entitled to hedonic damages, which are given to compensate the victim for the loss of enjoyment of activities that he/she once engaged in but can no longer participate due to the injuries suffered.

Additionally, punitive damages may also be awarded if the offender’s conduct was specifically disturbing and the court or jury determined that he/she should pay an amount higher than the victim’s actual damages.

Legal Considerations to Take in Case of Injury

The following tips are helpful if you or loved one or someone you know have been injured by the negligent actions of another:

Before filing a claim, consult a Beverly Hills personal injury lawyer to discuss your case in detail. A good legal counsel will do exhaustive research of what legal option suits you best.

He/She makes sure that you have given essential facts about the accident that caused the injury to build the case and ensure that it is filed within the statute of limitations.

Before trial, your attorney should have a specific plan of attack and important proof of both the extent of your injury and the fault or negligence of the defendant.

At this stage, it may be helpful that you give your medical records and any evidence to your attorney for safekeeping and assessment.

In case of unfavorable trial outcome, your attorney can file an appeal to determine if the court committed any errors.

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