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Proposed new law threatens compensation for road accident victims- 06/10/2011
A proposed new law would cut compensation levels and hinder access to justice for innocent victims of road traffic accidents, according to a leading Wolverhampton Personal Injury lawyer.
Adam Hodson, a solicitor in the Personal Injury department of Wolverhampton law firm FBC Manby Bowdler LLP, and a member of the Association of Personal Injury Lawyers (APIL), says that Motor Insurance Regulation Bill 2010-11, which has just passed its first reading in the House of Commons, threatens to deny adequate compensation for accident victims by reducing compensation levels and legal costs.
Mr Hodson said: “While leading on the populist move of banning referral fees, already promised by the Government, this new Bill also seeks to reduce the amounts to which innocent victims are entitled by reassessing the compensation levels, which are based upon long-established principles of case or common law and tested in the courts
“It also proposes to halve to only £100, the fixed fee allowed for Personal Injury Lawyers to assess the cases of accident victims. This would not allow enough time to do this, as in all cases the solicitor needs to talk to the client to understand the symptoms, and the impact of the injury on the client's life, as well as obtaining a medical report.
“A solicitor is duty bound to fully investigate the clients’ needs, symptoms and current problems and restrictions in their life caused by their injuries. There may also be other complicated factors such as discussing lost earnings or facilitating rehabilitation and care for the injured person.
“Halving these initial costs could impact on the quality of legal advice which a victim may receive, or mean that they will have to pay some of their own costs.
"In short, the Bill is a threat to the principle of our legal system, which an innocent person who has suffered an injury in an accident is entitled to legal recourse, and if successful, is entitled to 100% of his or her compensation. Let us hope that before the second reading that common sense and fair play for accident victims prevail and that these provisions in the Bill are rejected,” concludes Mr Hodson.
The Motor Insurance Regulation Bill 2010-11 is due for its second reading in the House of Commons on 20th January 2012.
FBC Manby Bowdler’s 17 strong Personal Injury Department handles many compensation claims for innocent victims of road traffic accidents.
In the last 12 months the department has secured a number of major settlements for clients who have suffered head injuries, including settlements of £7.7 million and £2.2 million for two pedestrians who suffered head injuries to pay for accommodation and 24-hour care, as well as a £700,000 settlement for a car passenger left wheelchair dependent. In addition to brain and spinal injuries, it also specialises in accidents at work, industrial disease and public and occupier liability cases.