Landmark ruling in Supreme Court paves the way for insurance companies to challenge fraudulent injury claims

Landmark ruling in Supreme Court paves the way for insurance companies to challenge fraudulent injury claims The Supreme Court has set a landmark ruling for personal injury lawyers and insurers, paving the way for personal injury claim settlements to be challenged if it is subsequently discovered that the successful claimant lied. The ruling applied to a £135,000 settlement in Hayward v Zurich, which has now been set aside with the claimant instead being awarded just £14,720. During the case the court heard that the claimant had suffered an injury at work, which led to what he described as a serious back injury – a claim that was found to have been ‘grossly and dishonestly exaggerated’. After evidence emerged that the claimant had in fact fully recovered from his injuries at least a year before the settlement was awarded, Zurich, the employer’s insurer, claimed damages for deceit. Zurich took the case to the Court of Appeal, but it was ruled that the original settlement should stand as the insurer went in with their ‘eyes open’ and cited the ‘wider principle’ of the finality of settlements. However, that ruling was overturned this week by five Supreme Court judges who unanimously ruled that the…

How much compensation can you claim for whiplash?

How much compensation can you claim for whiplash? Start your claim   If you have suffered a whiplash injury following an accident that wasn’t your fault, then you could be entitled to make a claim for compensation. How much compensation you are awarded can depend on a variety of factors, with the payout being determined by things like how severe your injury is, the level of treatment you require, how much work you have missed because of the injury, the impact the injury has had on your day to day life and so on. No two claims are ever the same when it comes to whiplash, so it is important that you know as much as possible. Below we have put together a complete guide detailing everything you need to know about whiplash claims and compensation amounts. Average whiplash compensation payouts The amount of compensation you could be awarded for whiplash depends mostly on how severe your injury is and how long the effects last for. Below is a general guideline for UK compensation awards for whiplash injuries: Minor whiplash Neck pain for a few weeks to a year – £850 – £2,900 Neck pain for up to 2 years – £2,900 –…

New judgement on interim payments set to benefit future claimants

New judgement on interim payments set to benefit future claimants Judge’s decision sends a ‘clear message’ that interim payments will be interpreted in the claimant’s favour. The first written judgement regarding the award of an interim payment has been granted, suggesting that future claimants and the legal industry are set to benefit. The judgement, which came from judge John Baldwin following the award of £7,790 in the case of Travers v Poole Hospital NHS Foundation at Liverpool Country Court, is the first of its kind since the new ruling on interim payments was introduced in April 2013. The medical negligence case had earlier been settled for £1,500 damages on behalf of the NHS Litigation Authority last year. Following the settlement, the case was transferred over to Liverpool County Court to determine legal costs. In order to secure an early settlement the personal injury solicitors – Fletchers Solicitors – brought the court’s attention to the new interim payment ruling and urged the court to take the new rule change into account when considering the claimant’s request. The firm said the new ruling is likely to be used by future claimant’s to support their request for interim payments, while defendants who want to…