Blog - Gildeas Solicitors

Litigation Friends: Claiming On Behalf of Someone Else

At Gildeas Solicitors, we’ve proudly represented clients in Scotland since 1989. In that time, we’ve seen a broad spectrum of circumstances which come up in the personal injury claims process. Today, we’re focussing on what happens when a person is appointed to claim for someone else, also known as a ‘Litigation Friend’. Read on as we break down what a Litigation Friend is, why someone may need one, and how it affects the claim process.

When would somebody need a Litigation Friend?

If you want to use a solicitor, you must be able to ‘give instructions’. Giving instructions means informing what the solicitor should do and what decisions you’d like them to make in your personal injury case.

What is a Litigation Friend in a personal injury claim?

A Litigation Friend is a person who makes decisions on behalf of someone unable to manage their personal injury claim for themselves. They can make decisions on behalf of someone who is:

In Scotland, a child under 16 years of age. In England and Wales, the threshold is children under 18 years of age.
Someone over the age of 18 who has been found to lack the capacity to manage their claim. This might be due to illness, a disability, or for another reason.
A person who has passed away during the claims process.

‘Manage’ is a broad term that includes: an understanding of the steps and risks involved in a personal injury claim, being able to make decisions during your claim, and giving instructions to your solicitor.

Who can be a Litigation Friend?

Anyone can be a Litigation Friend, so long as they can fulfil the role competently. The person must consent to be the Litigation Friend and be able to make decisions about the personal injury claim in a fair and considered way. An example of who might act on behalf of the person could be:

Their parent or guardian.
Their extended family member or friend.
Their solicitor or professional advocate.
Someone who has a lasting Power of Attorney.

When does the Litigation Friend stop acting on the injured person’s behalf?

The Litigation Friend will stop acting for them when the personal injury claim comes to an end. There are a few occasions when the injured person may choose to manage the claim before the case is settled. For example:

When a child turns 16 and decides they want to manage the claim themselves.
If a person regains capacity, for example when they have recovered from an injury or woken up from a coma.

What does a Litigation Friend need to do?

Key to the role is clear communication with the injured person. The Litigation Friend must always remember that they’re not a ‘client’ themselves, but they are acting on their behalf.

A Litigation Friend might be asked to:

Sign or provide documents such as medical records
Meet with solicitors and take advice when needed
Make decisions about the case, such as agreeing on the amount of compensation offered

Points to note about Litigation Friends:

A Litigation Friend is not the same as the client’s solicitor. It is simply the Litigation Friend who gives instructions to us.
A Litigation Friend is not the same as a Power of Attorney or a Guardianship Order.
A Litigation Friend is appointed to represent someone who lacks the capacity to do so in legal proceedings, like a child or an adult with a disability.A Power of Attorney is a specific legal document which appoints another person to make decisions on a person’s behalf regarding finances, property, healthcare, etc., typically when the person becomes unable to do so themselves.
Basically, a Litigation Friend only acts within the context of a legal case such as personal injury, whilst a Power of Attorney can encompass a wider range of things across many aspects of life.
When a claim is successful, the settlement is still paid to the client. There may be extenuating circumstances when a settlement is paid to the Litigation Friend, for example if the person has a Power of Attorney and holds financial responsibilities, or if the client is a child and doesn’t have a bank account. We take every step possible to ensure the injured person is the one who receives settlement funds.

In conclusion

The Litigation Friend is a crucial role in protecting the rights of those who are injured. By assisting those who may not have capacity, they support them to navigate a claim and make sure their voice is heard.

If you have a case which concerns any of the issues in this article, please contact our dedicated team and they will happily discuss if we can help. As trusted solicitors for over 50 years, we’ve supported thousands of clients to get the justice they deserve.

Got a question not covered here? Check out our frequently asked questions for more info.

Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.

Considering our services? Call our dedicated New Claims team today on 0141 331 6070.

by Samantha Upton

Dog Bite Injuries: Know Your Rights

As the winter chill eases off across Scotland, many of us are spending more time outside with our pets or perhaps encountering dogs out on walks or in public spaces. Whilst dogs are often considered our most loyal companions, it’s important to remember that they can sometimes bite, causing serious injuries. Dog bite incidents are more common than you might think, and they can happen at any time - whether you’re visiting a friend’s home or strolling through the park.

In this blog post, we’ll explore the causes of dog bite injuries, how to prevent them, and what steps you can take if you’ve been bitten. Understanding your legal rights after such an injury is crucial, especially as we navigate the coming months when we might encounter dogs more frequently.

How Dog Bite Injuries Can Happen

Weather in Scotland can bring unpredictable conditions. Recently we’ve had what feels like never-ending ice, rain, and wind, with milder weather in between. As the lighter days come in, we might see an increase in dog owners outside, which could cause dogs to become anxious, leading to a risk of aggression. Dogs may feel stressed or fearful in unfamiliar environments, causing them to lash out.

Common situations where dog bites occur include:

On walks: Whether on a lead or off, dogs may feel territorial or threatened by other animals or people, leading to sudden aggression.
At the home of a friend or family member: Even the most well-behaved dogs can react unexpectedly to new faces, especially during the holidays when there may be more visitors.
In public places: Parks, shops, or other public areas are common places where dogs interact with strangers, which can lead to an accidental or defensive bite.

Regardless of the cause, dog bites can result in significant physical and emotional trauma. Depending on the severity of the injury, medical treatment might be necessary, and in some cases, hospitalisation may be required.

What to Do If You Are Bitten by a Dog

If you’ve been bitten by a dog, it’s important to act quickly to ensure your health and safety. Here’s what you should do:

Clean the wound immediately: Wash the area with soap and water as soon as possible to reduce the risk of infection.
Seek medical attention: Even if the bite seems minor, it’s vital to consult a healthcare professional, especially if the wound is deep or bleeding heavily. Dog bites can carry infections like rabies or tetanus, so timely medical attention is crucial.
Get the dog’s details: If the dog is a pet, try to obtain the owner's details, including their name, address, and contact information. This information is essential for any potential claims or legal action.
Report the incident: If you’re bitten in a public space, or if the dog is not under control, report the incident to your local authorities or the police.

Can You Claim Compensation for Dog Bite Injuries?

If you’ve been injured by a dog bite, you may be entitled to compensation. Under Scottish law, dog owners are responsible for the actions of their pets, and they must take reasonable steps to prevent their dogs from causing harm to others. If the dog was not controlled, or if it attacked without provocation, you may be able to file a personal injury claim against the dog owner.

At Gildeas Solicitors, we can help you assess the circumstances of your dog bite injury and guide you through the claims process. Compensation could cover the cost of:

Medical treatment
Rehabilitation or physiotherapy
Lost income due to time off work
Pain and suffering

Our legal experts can advise you on whether the dog owner’s insurance policy may cover your medical bills or any other costs associated with the injury.

Why Dog Bite Claims Are Common in Winter

The winter season in Scotland often leads to more indoor gatherings. More cafes and pubs are also becoming dog friendly in city centres. As the temperature drops and daylight hours shorten, people are more likely to encounter unfamiliar dogs, which may become anxious or protective. In addition, colder months often result in wetter, slippier conditions, which can increase the likelihood of accidents. Whether you’re walking your dog or simply enjoying a brisk winter walk, it’s important to stay aware of your surroundings to avoid a potentially dangerous situation.

Prevention: How to Stay Safe Around Dogs This Winter

Taking simple precautions can help prevent dog bites:

Respect a dog’s space: Always ask the owner for permission before approaching a dog. Avoid petting a dog that is eating, sleeping, or showing signs of aggression.
Keep your distance: If you encounter a dog while out walking, maintain a safe distance and avoid sudden movements that could startle the dog.
Socialise your pets: If you own a dog, ensure they are well-socialised and trained to behave around others.
Wear appropriate clothing: When walking in icy conditions, make sure to wear sturdy footwear to prevent slipping and falling, which could provoke a dog to potentially lash out in fear or surprise.

Dog bites can cause serious physical and emotional harm, and it’s essential to know your rights if you’ve been injured. If you or someone you know has suffered a dog bite injury, it’s important to take the right steps to protect your health and ensure you receive the compensation you deserve. At Gildeas Solicitors, we understand the impact that a dog bite injury can have on your life, and our experienced team can offer you expert advice and support through the legal process.

Stay safe this winter and remember: If you’ve been injured by a dog bite, Gildeas Solicitors is here to help.

Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.

Considering our services? Call our dedicated New Claims team today on 0141 331 6070.

by Samantha Upton

Personal Injury Myths Debunked: What You Need to Know

When it comes to personal injury claims, there’s no shortage of misconceptions floating around. Many people have a distorted view of what personal injury law really entails, which can often prevent them from seeking the help they need after an accident. At Gildeas Solicitors, we believe in setting the record straight. In this blog post, we’ll tackle some of the most common personal injury myths and debunk them once and for all. If you’ve been injured in Scotland, knowing the truth is key to understanding your rights and getting the compensation you deserve.

Myth: "Personal injury claims are just for serious accidents."

One of the biggest myths we encounter is the belief that personal injury claims are only relevant for life-threatening or catastrophic accidents. The reality is that you can claim compensation for a wide range of injuries, including minor ones, as long as they were caused by someone else’s negligence.

Whether it’s a slip and fall at the supermarket, a whiplash injury after a minor road accident, or even an injury caused by potholes, personal injury law in Scotland covers a broad spectrum of situations. Don’t underestimate the impact of even minor injuries—if you’ve been hurt due to someone else’s fault, you could be entitled to compensation.

Myth: "It’s too expensive to make a personal injury claim."

Many people avoid pursuing a personal injury claim because they fear it will cost them a fortune in legal fees. However, in Scotland, most personal injury solicitors, including Gildeas Solicitors, operate on a no win, no fee basis. This means that if your claim is unsuccessful, you won’t be charged for the legal costs. It’s only if you win the case and secure compensation that the solicitor will receive a fee, which is typically a percentage of your settlement.

This arrangement ensures that anyone can access justice, regardless of their financial situation. Don't let worries about cost prevent you from seeking the compensation you deserve.

Myth: "I can’t make a claim if the accident was partially my fault."

It’s a common misconception that if you were partly responsible for an accident, you can’t make a claim. In Scotland, the law operates under the principle of contributory negligence, which means that even if you share some of the responsibility for the incident, you may still be able to claim compensation.

For example, if you were involved in a road traffic accident where you weren’t wearing a seatbelt or didn’t follow the road markings properly, but the other driver was mainly at fault, you could still be entitled to compensation. The compensation amount might be reduced depending on your level of fault, but it doesn’t rule out your right to claim.

Myth: "Personal injury claims take years to resolve."

It’s true that some personal injury claims can be complex and take time to resolve. However, many claims in Scotland are settled within months, especially when the injury is straightforward, and liability is clear. At Gildeas Solicitors, we work hard to ensure that your claim is handled efficiently and without unnecessary delays.

The length of your claim will depend on factors such as the severity of the injury, the complexity of the case, and how quickly the responsible party accepts liability. However, with the right legal representation, you can rest assured that your claim is in good hands and being processed as quickly as possible.

Myth: "I don’t need a solicitor for a small claim."

Another myth that keeps many people from seeking legal support is the belief that they don’t need a solicitor for smaller claims. Whether your injury is minor or more complex, having expert legal representation is always advisable. Personal injury claims can be complicated, and insurance companies may not always offer you the compensation you deserve.

A qualified solicitor will be able to accurately assess your case, negotiate on your behalf, and ensure that you receive a fair settlement. Even if you believe your injury is minor, a solicitor will consider all potential costs such as lost wages and future expenses related to your recovery, meaning you receive a fair settlement for your injuries.

Myth: "The process is too complicated for me to handle."

It’s understandable to feel overwhelmed by the legal process after an injury. However, personal injury law in Scotland is designed to be accessible, and an experienced solicitor will guide you through every step. From gathering evidence and liaising with insurance companies to negotiating settlements, your solicitor will handle the complexities, leaving you to focus on your recovery.

At Gildeas Solicitors, we take pride in offering clear, compassionate, and professional guidance throughout your claim. We’ll ensure that you understand the process, keep you updated, and fight for the best possible outcome.

Don’t Let Myths Stop You from Seeking Justice

If you’ve been injured in an accident that wasn’t your fault, don’t let these myths prevent you from seeking the compensation you deserve. At Gildeas Solicitors, we’re committed to debunking these misconceptions and helping people across Scotland get the justice they deserve.

Whether your injury is minor or major, our team of expert personal injury solicitors will provide you with the advice and support you need to navigate the legal process. Contact us today for a free consultation and let us help you get started on your personal injury claim.

Got a question not covered here? Check out our frequently asked questions for more info.

Considering our services? Call our dedicated New Claims team today on 0141 331 6070.

by gildeas

New Year, New Car: What to Know About Driving Safely in 2025

The start of a new year often brings new beginnings, and for many, that means upgrading to a shiny new vehicle. But with the excitement of a new car comes the responsibility of ensuring that you and your loved ones stay safe on the roads.

Whether you're excited about the latest model or simply looking for a fresh set of wheels, the arrival of 2025 is the perfect time to think about your driving habits and road safety.

At Gildeas Solicitors, we understand the importance of road safety and want to remind you that with every new vehicle, comes the need to be aware of driving risks. As we kick off 2025, here are a few essential things to consider when it comes to road safety in the year ahead.

Check Your Insurance and Road Tax

One of the first things you'll want to do when you buy your new vehicle is to update your car insurance. Whether you’re upgrading to a brand-new car or simply changing your registration details, having the correct insurance coverage is essential for your peace of mind. Additionally, don’t forget about your road tax—ensure that it’s paid and up to date before you hit the road.

Keep Your Car Well-Maintained

The start of a new year is the perfect opportunity to set up a routine for maintaining your new car. Regular servicing, tyre checks, and ensuring your brakes are in top condition will help prevent accidents and breakdowns. Even if your car is brand new, it’s important to stay on top of maintenance so that it stays roadworthy throughout the year.

Winter Driving Tips

In the UK, January can often bring challenging weather conditions, including ice, snow, and heavy rainfall. Whether your new car is equipped with advanced safety features or not, it’s crucial to adapt your driving habits to the season. Always check the weather forecast before travelling and ensure that your car’s windscreen is clear, and your tyres have adequate tread for grip.

When driving in winter conditions, remember to slow down, keep a safe distance from other vehicles, and avoid harsh braking. These simple adjustments can help prevent accidents during the colder months.

Know Your Rights in Case of an Accident

No one expects to be involved in a car accident, but unfortunately, they can happen. If you do find yourself in an accident in 2025, it’s important to know your rights. Gildeas Solicitors specialise in personal injury claims, and if you’ve been injured as a result of someone else’s negligence, we can help. From securing compensation for medical bills to dealing with insurance companies, our expert team will guide you every step of the way.

Stay Aware of Road Safety Changes in 2025

With the new year, new regulations and laws may come into effect. Staying informed about the latest changes in road safety can help you avoid costly mistakes. For example, local councils could have introduced stricter speed limits or new road layouts in your area to improve safety. Staying updated on these changes can make a significant difference to your driving.

Set Safe Driving Goals for 2025

As part of your New Year’s resolutions, consider setting safe driving goals. Perhaps this means committing to reduce distractions, such as using your mobile phone while driving, or focusing on better parking practices. Small improvements can lead to safer driving for you and everyone else on the road.

At Gildeas Solicitors, we believe in keeping you safe while on the road. Whether you're starting the year with a new car or continuing to drive your trusted vehicle, being proactive about safety is essential. If you have any questions about road safety, car accidents, or personal injury claims, don’t hesitate to reach out. Our team of experts is here to help you drive confidently into 2025.

Considering our services? Call our dedicated New Claims team today on 0141 331 6070.

by gildeas

Driving Home For Christmas – Our Tips For Safe Travels

Spending Christmas with loved ones is what most of us prioritise over the holidays, with millions of us travelling far and wide to make the most of the season. But with everyone trying to get home in time for Santa or running to the shops to get those last-minute bits and pieces, you might encounter heavy traffic, long delays, or forget those essential vehicle checks before you set off.

If you’re planning a long journey this Christmas, use our helpful guide to help prepare for your travels, making sure your journey is safe – and giving you peace of mind during the festive season too!

Tips for driving home for Christmas

For a hassle-free journey, start with the following tips:

Plan ahead to avoid delays – give yourself plenty of time for the trip to accommodate any potential delays
Use a SatNav or maps app – apps such as Google Maps can help you plan the route and give you real-time traffic updates. Why not start a Christmas countdown with loved ones by sharing your location on the app?
Bad weather? Drive safely – check out our top tips for driving safely in winter conditions
Prepare for emergencies – so you’ve packed the presents, but what about if you get stuck? Pack a phone charger, ice scraper, a blanket, ump leads, snacks, and warm clothes in case you experience a breakdown or severe delays in the cold

Things to check before your journey

Christmas can be a stressful time for many of us, so it’s easy to forget the basics. Keep these tips in mind before you go to avoid any potential accidents.

Check your wipers and washers

Ensure your windscreen wipers are in good condition and that your washer bottle is full. It can be hard to see when driving in cold weather, so give yourself time by making sure you can clear your windscreen when dirt or moisture build up. Use pre-mixed screenwash rather than water to prevent your washer fluid from freezing, and to clear mud properly.

Check your oil

Checking your oil is always vital before a long journey but is good practice anyway to ensure your engine is in correct working order.

To check your oil level, make sure you’re parked on an even surface, then open up the bonnet. Check your vehicle’s manual for instructions specific to your car’s make and model, although usually the dipstick has a yellow handle. Pull it out, wipe it down with a clean rag, and reinsert all the way into its housing. Pull it out again and take the reading. Your dipstick should have two marks indicating the minimum and maximum oil levels.

If you’d rather see a professional, check into a mechanic for a quick oil check and change before you go.

Check your engine’s coolant level

Coolant regulates your engine, providing protection during the colder months. If your engine fluid freezes, it can be devastating for your vehicle as cracks can form in the engine. Makre sure to check your coolant level to keep your engine running smoothly and avoiding any accidental damage further down the line.

Charge your phone

As well as storing all your questionable Christmas playlists, your phone is your lifeline if you break down or have an accident over Christmas. Keep your emergency numbers stored safely and keep a spare charging cable in the car so you can have plenty of battery in an emergency.

Check your emergency kit

Main roads and motorways can be packed over Christmas. If you’re faced with long delays, ensure you have an emergency kit with you – particularly if there’s bad weather forecast, which typically does happen in Scotland!

Re-fuel regularly

When the motorway gets busier over Christmas, the last thing you need is worrying about not making it to a petrol station – especially when it may not be open over the holidays. Don’t get caught out – make sure you have at least half a tank of fuel in your car so that you can get to your destination in time for Christmas.

Check your tyre pressure before you set off

No one wants to be stuck at the side of the road in the cold due to tyres with low pressure.

A quick check of your tyre pressure before you set off can give you peace of mind and prevent any unnecessary accidents on the way home for the holidays.

Keep yourself entertained!

It’s Christmas! Make sure you have plenty of snacks and games to keep yourselves entertained, and get those cheesy Christmas tunes on the go – maybe start with ‘Driving Home For Christmas’?

This Christmas, take some proactive steps to prepare for your journey. And if you do end up in an accident over the holiday – we’ve got you covered. From vehicle hire, repair, and supporting you through a personal injury claim, our legal elves are on hand to support you through the season.

Stay safe this Christmas!

Considering our services? Call our dedicated New Claims team today on 0141 331 6070.

by gildeas

Can I Make a Claim If I Am Injured at the Christmas Party?

The festive season is a time for celebration, with Christmas parties and social gatherings taking centre stage. However, as enjoyable as these events can be, they also come with risks. Our personal injury solicitors are all too familiar with the number of accidents and injuries that tend to occur during the holidays, particularly at workplace Christmas parties.

While traditional office Christmas parties might be a thing of the past for many workplaces, modern celebrations often take place in restaurants, bars, or other social venues. As employees let their hair down and the drinks flow, accidents are more likely to happen. Whilst the typical embarrassments of overindulgence or awkward conversations may seem to be the worst consequences, serious accidents, injuries, and even fights can also occur. So, if you’re injured at a Christmas party, can you make a claim against your employer?

Can I Make a Claim if I Was Injured at the Christmas Party?

While the line between work-related activities and social events can sometimes blur during the Christmas season, it is still possible to make a personal injury claim against your employer for injuries sustained at a work Christmas party. The key factor in determining whether you have a claim is whether your employer has fulfilled their duty of care towards you, regardless of whether the event took place at the office or at a venue outside of work.

Employer’s Duty of Care at the Christmas Party

Employers have a legal obligation to provide a safe working environment for their employees, even outside of normal office hours. This duty of care extends to events such as the Christmas party, especially if the event is organised or funded by the employer. Even if the party takes place at a third-party venue, such as a bar or restaurant, the employer is still responsible for ensuring that the environment is safe and that employees are not exposed to unreasonable risks.

If you suffer an injury at a work Christmas party, the circumstances surrounding your injury will determine whether your employer can be held liable. Common accidents at Christmas parties include slips, trips, falls, and even injuries resulting from altercations or unsafe behaviour that could have been avoided by the employer.

Common Injuries at Christmas Parties

According to a study by National Accident Helpline, the following types of injuries are some of the most common at Christmas parties:

Slips, trips, and falls – These are by far the most common accidents at Christmas parties. With increased foot traffic, decorations, wet floors, and alcohol consumption, the risk of slipping or tripping is significantly higher.
Alcohol-related injuries – As the drinks flow, it’s not uncommon for partygoers to lose their balance or become involved in physical altercations, leading to injury.
Injuries from accidents with equipment – If the venue provides entertainment, such as games or dancing, inadequate safety measures could result in injuries. For example, an improperly set-up dance floor or malfunctioning equipment could cause harm.

If you suffer any of these injuries or others at a Christmas party, it is important to assess whether your employer could be held responsible for your accident.

How to Make a Claim Against Your Employer

If you have been injured at a Christmas party, the first step is to seek medical attention for your injuries. Once you have taken care of your health, it’s time to consider whether you have a potential claim for compensation.

To make a personal injury claim against your employer, you will need to show that your employer either caused the accident through negligence or failed to take reasonable steps to prevent it. Some examples of employer negligence include:

Failing to ensure the venue was safe for employees.
Not providing adequate supervision or monitoring of the event.
Not taking action to prevent excessive alcohol consumption or unsafe behaviour.

What Can You Claim For?

If your claim is successful, you might be entitled to compensation for:

Medical costs – Including treatment, physiotherapy, and prescriptions related to your injury.
Lost wages – If your injury caused you to miss work, you may be entitled to compensation for lost earnings.
Pain and suffering – For the physical and emotional toll your injury has caused.
Other expenses – Such as travel costs or necessary modifications to your home if your injury is severe.

Can I Make a No Win, No Fee Claim?

Yes, if you are considering making a claim against your employer after being injured at a Christmas party, Gildeas Solicitors offer No Win, No Fee personal injury claims. This means that if your case is not successful, you won’t have to pay any legal fees. We understand that pursuing a claim can feel daunting, but with a No Win, No Fee arrangement, you can focus on your recovery without worrying about the cost of legal representation.

In Conclusion

While a work Christmas party is meant to be a time for fun and celebration, accidents can happen. If you’re injured during a work-related event, you may be entitled to claim compensation against your employer. With Gildeas Solicitors, you can make a No Win, No Fee claim, ensuring that your legal costs are covered if your case is unsuccessful. Don’t let an injury at a Christmas party ruin your festive season – speak to our experts today to explore your legal options.

How We Can Help

If you’ve been injured at a Christmas party or another work-related event and are considering making a claim, our team of experienced personal injury solicitors is here to help. We can guide you through the process, advise you on the strength of your claim, and provide expert representation to ensure you receive the compensation you deserve.

We offer free, no-obligation consultations to assess your situation. Get in touch with us today to discuss your potential claim.

Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.

Considering our services? Call our dedicated New Claims team today on 0141 331 6070.

by gildeas

The 12 Hazards of Christmas: Stay Safe This Holiday Season

The Christmas season brings joy for all of us, but it also increases the risk of accidents. From crowded shops to icy pavements, it’s easy to forget the hazards around us whilst we’re rushing to get everything done. At Gildeas Solicitors, we want to help ensure your festive season remains accident-free. Below are 12 common hazards to be aware of while out and about this Christmas, along with practical tips for staying safe.

1. Slips and Falls in Shopping Centres

With Christmas shopping in full swing, the busy shopping centres and high streets can be a nightmare. Spills, wet floors, and crowded spaces increase the chances of slipping or falling.

Safety Tip: Always keep an eye out for wet floors and spills and report them to staff if necessary. Wear shoes with a good grip, especially if you're walking on wet or slushy pavements, and be cautious of crowded aisles.

2. Accidents in Car Parks

Car parks are often chaotic during the Christmas period, with packed spaces and drivers rushing to find a spot. In the scramble to park, accidents like minor collisions, door dings, and even pedestrian injuries can happen.

Safety Tip: Always park in well-lit areas and take extra care when reversing or walking through crowded car parks. Be aware of your surroundings and avoid rushing to your car when it’s busy.

3. Injuries from Shopping Trolleys

Busy supermarkets are full of hazards during Christmas shopping, especially when it comes to pushing trolleys through crowded aisles. Collisions with other shoppers or dodgy trolleys can lead to injuries.

Safety Tip: If you’re using a shopping trolley, be mindful of your speed and direction, especially in tight spaces. If you spot a malfunctioning trolley, let staff know.

4. Pedestrian Accidents in Crowded Streets

With so many people out shopping, pedestrian accidents are more likely to occur in busy areas. Whether bumping into another shopper, or a more serious accident with a vehicle, high foot traffic increases the risks.

Safety Tip: Stay alert when walking, particularly at pedestrian crossings. Watch out for vehicles entering pedestrian areas and avoid distractions like looking at your phone while crossing the road.

5. Car Accidents in Christmas Traffic

Christmas traffic is notorious for being stressful and dangerous, with congested roads and impatient drivers. The combination of increased traffic and bad weather can result in more accidents.

Safety Tip: Plan your journeys in advance to avoid peak traffic times, and always check traffic updates before leaving. Stay calm in heavy traffic, maintain a safe distance from other vehicles, and be extra cautious in icy or wet conditions.

6. Icy Roads and Pavements

Slippery, icy roads and pavements are a major winter hazard. Whether you're walking to the shops or driving, icy conditions significantly increase the risk of accidents during the festive season.

Safety Tip: If you’re walking, wear shoes with good grip and avoid icy surfaces where possible. For drivers, make sure your car is equipped with winter tyres and check the weather forecast before heading out.

7. Accidents at Public Transport Stations

With many people travelling during the holidays, public transport stations and terminals can be crowded and chaotic. Injuries from rushing, falling on escalators, or accidents on trains or buses are more likely at this time of year.

Safety Tip: Be cautious when using public transport. Stand clear of the edges of train platforms, be mindful of slippery floors, and always hold onto handrails when using escalators or stairs.

8. Dangers of Drunk Driving After Parties

Christmas parties and festive events often involve alcohol, and some people may be tempted to drive home after drinking. Drunk driving leads to a significant rise in road traffic accidents during the holiday season.

Safety Tip: If you're attending a party, plan your transport in advance. Take a taxi, arrange for a designated driver, or use public transport. Never drive if you’ve been drinking and remember that alcohol can stay in your system longer than you think.

9. Injuries from Overcrowded Events

From Christmas markets to special festive events, overcrowding is a common problem. Overcrowded spaces can result in pushing, shoving, and even accidents, particularly in cramped venues.

Safety Tip: If you're attending an event, try to arrive early to avoid the rush. Stay aware and be mindful of your personal space to avoid being knocked or shoved.

10. Traffic Accidents While Traveling Long Distances

Long-distance driving during Christmas can be particularly hazardous, especially if you're driving through unfamiliar or snowy areas. Exhaustion, distractions, and bad weather increase the chances of accidents.

Safety Tip: Plan your route and take regular breaks to avoid fatigue. If you’re driving in bad weather, reduce your speed and keep a safe distance. Carry emergency supplies in case you get stranded in the snow.

11. Snow and Ice on Paths and Driveways

If snow or ice hits your area, it’s important to keep paths and driveways clear to prevent accidents. Slips from icy surfaces can be painful and lead to serious injury, particularly for elderly or vulnerable individuals.

Safety Tip: Salt or grit walkways and driveways to prevent ice from forming. If possible, shovel snow as soon as it falls to reduce the risk of slipping. Be cautious when walking on untreated surfaces, and wear shoes with good traction.

12. Pedestrian Accidents in Car Parks After Dark

During the festive season, shopping centres tend to stay open later, which means you'll often be walking through car parks in the dark. Poor visibility increases the risk of pedestrian accidents, as drivers may have difficulty spotting you.

Safety Tip: Wear reflective clothing if you're walking in dark areas, especially in dark car parks. Always make yourself visible to drivers and stay alert for moving vehicles.

Conclusion

While Christmas is a time for celebration, it’s important to be aware of the increased risks associated with being out and about during the holiday season. From crowded shopping centres to icy roads, being cautious can help you avoid accidents and injuries.

If you or someone you know experiences an injury while out shopping, travelling, or celebrating this Christmas, Gildeas Solicitors is here to help. Our expert team can assist with personal injury claims, offering the support and compensation you deserve.

Stay safe and enjoy the festivities!

Considering our services? Call our dedicated New Claims team today on 0141 331 6070.

by gildeas

Biker seriously injured by uninsured driver

BIKER SERIOUSLY INJURED BY UNINSURED DRIVER IN HIT AND RUN AWARDED SIX FIGURE SETTLEMENT

Gildeas Solicitors secured a six-figure settlement for a client who was seriously injured in a hit-and-run accident with an uninsured driver.

Read on to learn how Gildeas Director, Emma Thomson and Solicitor Advocate, Fergus Thomson successfully represented our client in this challenging case.

Overview of the case

Back in 2021, our 61-year-old client was travelling to work on his motorcycle. Whilst riding down a main road, he was struck by an uninsured driver travelling in the opposite direction at 70mph in a hit and run accident.

“I was just going to work that morning. If I’d gotten a taxi that day, it would’ve been a whole different story.”

There were several difficulties in the case due to the unknown identity of the third-party driver. Gildeas Solicitors acted quickly to ensure the third-party driver was identified before the time-bound limitations of the case were reached. The driver was eventually found and prosecuted, with our client awarded six figures in damages.

Injuries sustained by the client

Police and paramedics attended the scene. Our client was taken by ambulance to hospital where he was diagnosed with two broken bones, a fractured pelvis, and a right heel laceration requiring several stitches. His injuries meant surgery was needed in order to put metal implants in place. Our client underwent an extensive healing process, including weeks of physiotherapy and hydrotherapy.

His mobility and quality of life were severely affected, as he had to keep his leg elevated for 6 weeks following surgery. This meant he was in a wheelchair, followed by the use of crutches. The circumstances of the accident led to him requiring cognitive behavioural therapy, with round-the-clock care provided by his wife and daughter, which significantly affected family life.

Prior to the accident, our client was a keen tennis player and had a leadership role in the manufacturing industry, where he was employed for 14 years.

The outcome of the case

Gildeas provided bespoke support to our client following the accident. When he returned to work on a part-time basis, Gildeas assisted with his limited mobility by pressing to have a taxi service, taking pressure from his wife. Gildeas also made arrangements for medical examinations and cognitive behavioural therapy whilst the case was ongoing. Nonetheless, our client’s health was severely affected, and he did not return to full-time work in his previous position.

The unique challenge in this case was in identifying the third-party driver. After a lengthy process and negotiations involving Police Scotland and the Procurator Fiscal, a court action was raised. The driver was eventually prosecuted on two charges of dangerous driving and causing life-changing injuries. They were sentenced to three years in prison and banned from driving.

Our client said of the case,

“I didn’t realise how bad the damage was at the time. The support from Emma and Fergus at Gildeas, the consultants, and the hospital were amazing. It was really tough in the first year, but it was the support and the infrastructure behind us that kept us going.

Everything from the day we started was so professional. They were very good at explaining how the whole process worked in the very beginning. They put everything together and kept us up to date all the way through. Gildeas worked really hard to get where we were.”

The final damages awarded gave fair compensation for our client’s injuries, treatment, loss of earnings, and resulting quality of life.

Fergus Thomson, Solicitor Advocate added,

“We were pleased to secure a just settlement for our client and help him through a very difficult time.”

Considering our services? Call our dedicated New Claims team today on 0141 331 6070.

by gildeas

Road Safety Week 2024: Your Cycling Safety Guide

As we observe Road Safety Week 2024, it is crucial to focus on the safety of cyclists, who are among the most vulnerable road users. At Gildeas Solicitors, we emphasise that understanding and applying safety measures can significantly reduce the risk of accidents and enhance the cycling experience. This blog aims to provide essential tips for cyclists, highlighting the importance of road safety and awareness while riding.

The Importance of Cycling Safety

Cycling is an excellent way to stay fit, reduce your carbon footprint, and enjoy the outdoors. However, it also carries inherent risks. According to government statistics, collisions with motor vehicles pose a significant threat to cyclists, often resulting in serious injuries or fatalities. Understanding the current laws and safety measures can help cyclists protect themselves while navigating the roads.

Key Risks for Cyclists

Motor Vehicle Collisions: The most significant risk cyclists face is being involved in a collision with a motor vehicle. Many accidents occur due to drivers failing to look for cyclists. To mitigate this risk, always follow the Highway Code, signal your intentions clearly, and maintain a safe distance from vehicles.

Dooring: This occurs when a car door opens unexpectedly into a cyclist's path. To avoid this, keep a safe distance from parked cars and slow down as you approach them.

Poor Road Conditions: Potholes, debris, and slippery surfaces can pose serious hazards. Always keep an eye on the road ahead and be prepared to adjust your speed and direction accordingly.

Right Turns Across Traffic: This manoeuvre can be particularly dangerous. Always signal your intentions well in advance, and if in doubt, dismount and use pedestrian crossings.

Heavy Goods Vehicles (HGVs) and Buses: These large vehicles have significant blind spots. Stay out of their path and avoid stopping on the inside of them at junctions.

Distracted or Aggressive Drivers: Not all drivers will be attentive or courteous. Always remain vigilant and be prepared to react to unexpected actions from other road users.

Essential Cycling Safety Tips

To ensure a safer cycling experience, consider these practical tips:

Wear Protective Gear: Always wear a well-fitted helmet and consider additional protective gear, such as knee and elbow pads, to minimise injury in case of a fall.

Use High-Visibility Clothing: Wear bright or reflective clothing, especially in low-light conditions, and use lights on your bike to enhance visibility.

Stay Alert and Focused: Be aware of your surroundings, anticipate potential hazards, and avoid distractions such as mobile devices.

Signal Your Intentions: Use hand signals to indicate turns and stops, giving other road users ample notice of your movements.

Ride Predictably: Maintain a straight line and avoid sudden manoeuvres to help drivers anticipate your actions.

Follow the Highway Code: Adhere to all traffic rules, including speed limits and road signs. Understanding your rights and responsibilities as a cyclist is crucial.

What to Do If You're Involved in an Accident

If you find yourself in a cycling accident that was not your fault, it’s essential to seek legal advice. At Gildeas Solicitors, we can help you navigate the process of claiming compensation for:

Medical expenses
Loss of earnings
Bicycle repairs or replacements
Psychological trauma

Conclusion

During Road Safety Week 2024, we urge all cyclists to prioritise safety by following these tips and remaining vigilant on the roads. By taking proactive measures and being aware of your surroundings, we can all contribute to making our roads safer for everyone.

For more information on Road Safety Week 2024, please visit: https://www.brake.org.uk/road-safety-week

Considering our services? Call our dedicated New Claims team today on 0141 331 6070.

by gildeas

Road Safety Week 2024: Do You Know The Highway Code?

Understanding the Updates for Road Safety

Today's blog for our Road Safety Week 2024 campaign focuses on understanding the Highway Code updates. It’s vital for all road users to familiarise themselves with these changes. Introduced in January 2022, the updates aim to protect vulnerable road users, including pedestrians, cyclists, horse riders, and motorcyclists. At Gildeas Solicitors, we believe that understanding these changes is crucial for enhancing road safety and preventing accidents.

The Hierarchy of Road Users

At the heart of the recent updates is the new “hierarchy of road users.” This concept emphasises that those who operate vehicles capable of causing the most harm bear the greatest responsibility to ensure the safety of others. Rule H1 of the Highway Code states: “Those in charge of vehicles that can cause the greatest harm in the event of a collision bear the greatest responsibility to take care and reduce the danger they pose to others.”

This hierarchy underscores the responsibility of drivers of cars, vans, coaches, buses, and HGVs to reduce risks for more vulnerable road users.

Key Changes to the Highway Code

Despite the importance of these updates, many drivers remain unaware of the changes, which is concerning given the latest road casualty statistics. In 2023, vulnerable road users accounted for over 38% of road casualties in Great Britain, with a quarter of fatalities being pedestrians.

Some key updates to the Highway Code include:

Right of Way at Junctions: Drivers must give way to pedestrians waiting to cross and should not cut across cyclists or horse riders at junctions.
Shared Spaces: Cyclists should avoid passing pedestrians or horse riders closely or at high speeds, ensuring they announce their presence safely.
Cyclist Positioning: Cyclists are encouraged to ride in the centre of the lane on quiet roads and keep a safe distance from the kerb on busier roads.
Safe Overtaking Distances: When overtaking cyclists, drivers should allow at least 1.5 metres (5 feet) of space at speeds up to 30mph, increasing this distance at higher speeds.
Dutch Reach Technique: Drivers should use the “Dutch Reach” method when opening vehicle doors to avoid collisions with cyclists or pedestrians.

The Impact of Increased Awareness

Education and awareness are key to the successful implementation of these changes. A recent survey by the RAC indicated that only 18% of drivers believe the updates have made roads safer for pedestrians, highlighting the need for better communication about these important changes.

Younger drivers (aged 17 to 24) tend to view the changes more positively compared to older drivers. This generational gap underscores the necessity for widespread education campaigns that target all demographics to enhance road safety awareness.

The Role of Government and Road Safety Organisations

In response to these challenges, the Government relaunched its THINK! campaign, which encourages road users to consider the safety of others. However, many road safety organisations, including RoSPA, advocate for more comprehensive educational initiatives to ensure that the new hierarchy of road users is widely understood.

Conclusion

This Road Safety Week, we encourage everyone to familiarise themselves with the updated Highway Code. Understanding these rules not only helps protect vulnerable road users but also contributes to safer roads for all.

For further information on the changes to the Highway Code and how they impact your safety, visit the official Highway Code website.

At Gildeas Solicitors, we are committed to supporting you in the event of a road traffic accident. If you have been involved in an incident that was not your fault, contact our dedicated New Claims team at 0141 331 6070 for expert legal advice.

Your safety is our priority, and together, we can work towards safer roads for everyone.

For more information on Road Safety Week 2024, please visit: https://www.brake.org.uk/road-safety-week

Considering our services? Call our dedicated New Claims team today on 0141 331 6070.

by gildeas