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.
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.
Contact us today for a free consultation.
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.
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.
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.
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!
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.
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.”
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.
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
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.
Road Safety Week 2024: Motorbike Safety Tips
At Gildeas Solicitors, we recognise the unique challenges faced by motorcycle riders, who are among the most vulnerable road users. For Road Safety Week 2024, we're highlighting how crucial it is for motorcyclists to prioritise safety on the roads. This blog provides essential motorbike safety tips to enhance your riding safety and awareness, helping to prevent accidents and protect lives.
The Importance of Motorcycle Safety
Motorcycle accidents can be frightening and, in severe cases, life changing. Despite advancements in vehicle safety and regulations, motorcyclists remain at a higher risk of injury or fatality on the roads. Recent statistics show that motorcyclists are involved in approximately 1 in 10 road traffic fatalities, highlighting the need for heightened awareness and careful riding practices.
Essential Safety Tips for Motorcyclists
To help ensure your safety, here are some vital motorcycle safety tips:
- Wear Protective Gear: Always wear a well-fitted helmet and protective clothing, including gloves and boots. High-visibility jackets can significantly increase your visibility to other road users.
- Check Your Bike: Before every ride, conduct a thorough safety check of your motorcycle. Ensure that brakes, lights, indicators, and tyres are in good condition.
- Stay Alert: Be aware of your surroundings. Anticipate potential hazards, including vehicles changing lanes, pedestrians, and road conditions. Avoid distractions, such as mobile phones or loud music.
- Ride Defensively: Always assume that other drivers may not see you. Maintain a safe distance from vehicles, especially in traffic, and be prepared to react to sudden stops or changes in direction.
- Adjust to Weather Conditions: Wet or icy roads can significantly affect your control of the motorcycle. Slow down and allow extra time for your journey during adverse weather.
- Avoid Riding in Blind Spots: Stay out of the blind spots of larger vehicles, especially lorries and buses. If you can’t see the driver in their mirrors, they likely can’t see you.
- Follow Traffic Rules: Adhere to all traffic regulations, including speed limits and lane usage. Use indicators to signal your intentions to other road users.
- Take a Riding Course: Consider enrolling in an advanced riding course to enhance your skills and knowledge. These courses can provide valuable techniques for safe riding and accident avoidance.
Recognising External Risks
Motorcyclists face specific external risks that can lead to accidents, including:
- Poor Road Conditions: Potholes, gravel, and debris can pose significant hazards for motorcyclists. Always scan the road ahead for potential dangers.
- Adverse Weather: Rain, snow, and fog can drastically reduce visibility and traction. Adjust your riding style to account for changing conditions.
- Inattentive Drivers: Many motorcycle accidents occur due to the negligence of other road users. Stay vigilant and prepared for unexpected actions from drivers.
What to Do in the Event of an Accident
If you find yourself involved in a motorcycle accident that was not your fault, it’s essential to seek legal advice. At Gildeas Solicitors, we are committed to helping you understand your rights and potential compensation claims. You may be entitled to compensation for:
- Medical expenses
- Loss of earnings
- Repair or replacement of your motorcycle
- Psychological trauma
Conclusion
This Road Safety Week, we encourage all motorcyclists to prioritise safety by following these tips and remaining vigilant on the roads. By taking proactive measures, we can all contribute to making our roads safer for everyone.
For more information on Road Safety Week 2024, please visit: Brake - Road Safety Week.
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.
Friday Rule: What is the Personal Injury Discount Rate and What It Means To You
The latest in our Friday rule series - from Ailie Brown, Trainee Solicitor at our Edinburgh office.
The Government has introduced recent changes to the Personal Injury Discount Rate, or Discount Rate. We break down what this all means, and why it matters.
What is the Discount Rate?
The Discount Rate is a figure used to help calculate how much defenders have to pay in higher value cases.
The Discount Rate is set as a percentage. It is a devolved matter, so it can differ between different parts of the UK. We will be discussing the rate in Scotland.
When personal injury cases settle, there is usually a lump sum payment made to the injured person – including on cases where their injuries or losses are very serious and going to continue into the future, or permanently. A Discount Rate is used to try and ensure that pursuers are compensated properly and to avoid over-compensating and under-compensating people. Most large damages awards are invested – and over time, that investment will generate returns. Those future returns need to be factored in when deciding on the lump sum.
For example, if the Discount Rate is a low figure, that would anticipate future investment returns will be smaller and so will mean a higher lump sum payout is required to last the person until e.g. retirement. A higher Discount Rate suggests the investment will generate a higher return, indicating that the claimant will need a lower lump sum to cover their future financial needs.
Gildeas Director, David McKee explained: “When the Discount Rate was first introduced, it was assumed pursuers would invest in low-risk assets, such as government bonds – which seems sensible as most people would not wish to take risks with money that is intended to last them years or even decades into the future.”
In the government’s 2024 review, they have revised the assumptions made about how lump sums are invested. The default position now is that the investment will be assumed to be in a more diverse investment portfolio as per the example below:
| Asset Class: | Percentage Allocated: |
| Cash or equivalents | 10% |
| Nominal gilts | 15% |
| Index-linked gilts | 10% |
| UK equities | 7.5% |
| Overseas equities | 12.5% |
| High yield bonds | 5% |
| Investment-grade credit | 30% |
| Property | 5% |
| Other types, e.g., infrastructure, commodities, hedge funds, and absolute return funds | 5% |
Previous changes to the Discount Rate
The rate in 2001 was set at 2.5%, which reflected the economic conditions at the time, meaning that pursuers could expect reasonable returns on low-risk investments. This remained unchanged for some time, even through difficult economic times such as the global financial crisis in 2008.
Eventually, the rate was updated in 2017 to – 0.75% (negative 0.75%), which was a notable change. This meant higher compensation awards for pursuers, but the returns being generated were expected to be lower.
Finally, in 2019, the Damages (Investment Return and Periodical Payments) (Scotland) Act was introduced which formalised a new way to calculate the Discount Rate. This introduced a new process to review it every 5 years.
The 2024 Review to the PIDR
In June 2023, the devolved administrations in Scotland and Northern Ireland issued a consultation on whether changes should be made to the rate. The rate was reviewed by economic and financial experts, legal experts, and the government.
It was subsequently changed to +0.50%, to reflect current economic and market conditions.
What Does This Mean in Practice?
Understanding how a change to the Discount Rate could affect your claim might seem complicated. There are various factors considered which affect the actuarial tables and figures used: e.g. current age; expected retirement age; life expectancy; employment status; educational background, and so on.
A worked example might be a better way to understand the difference a change to the Discount Rate can make. Imagine a 45-year-old man who was earning £30,000 per year before his accident, expecting to retire at 65.
Using the previous rate of -0.75%, the actuarial tables produce a multiplier of 20.87, so the lump sum that pursuer might have expected to receive would be:
£30,000 x 20.87 = £626,100.
However, using the new rate of +0.50%, the actuarial tables produce a multiplier of 18.43, so the calculation changes to:
£30,000 x 18.43 = £552,900.
As we can see, the client would be awarded £73,200 less than before due to the new +0.50% rate being in place.
These figures are a simplified example and don’t consider all the factors which could make a substantial difference to the final claim.
Conclusion
The Discount Rate is not consistent across the UK, and the old rate was not reviewed for some time. However, Northern Ireland also recently updated its rate to +0.50% and a review is in progress in England & Wales.
Overall, changes to the Discount Rate are designed to ensure pursuers are properly compensated – and to avoid over or under compensation – by taking into account the prevailing economic circumstances at the time.
There is now a mechanism in place to make sure reviews are undertaken at least every 5 years, so we should not see situations where a review doesn’t take place for 16 years.
Established in 1989, Gildeas Solicitors is a Scottish law firm that specialises in personal injury claims, including motorcycle and cycling accidents. We make personal injury personal. We go the extra mile for our clients by providing services such as roadside assistance, vehicle repairs, and hire vehicles. Considering our services? Call our dedicated New Claims team to make the process easy for you at 0141 331 6070.