Can I Make a Claim on Behalf of My Elderly Parent Who Cannot? Yes, you can assist your elderly parent in bringing a claim. You can provide instruction to the solicitor to correspond with you whilst still being involved if they’re unable to instruct a solicitor themselves. In situations where an individual cannot manage their own legal matters due to age-related cognitive issues, illness, or other impairments, family members can act on their behalf. Here’s a step-by-step guide to helping your parent bring a claim: 1. Assess Mental Capacity The first step is to determine whether your parent has the mental capacity to instruct a solicitor. Under UK law, mental capacity means that a person can understand, retain, and weigh information about their decisions. If they lack this capacity, you’ll need to act as a litigation friend or arrange a Lasting Power of Attorney (LPA). Litigation Friend: You can apply to act as a litigation friend if your parent lacks mental capacity specifically for legal matters. This involves filling out a Certificate of Suitability and applying through the court, allowing you to make decisions in their best interests. Lasting Power of Attorney (LPA): If your parent has appointed you as their attorney under a Health and Welfare or Property and Financial Affairs LPA, you can act on their behalf in various matters, including legal claims. If they haven’t done so, you could apply to the Court of Protection for deputyship, which gives similar authority but may take longer to process. 2. Choose a Solicitor and Gather Information Once authorised to act on your parent’s behalf, the next step is to find a solicitor experienced in the type of claim you’re pursuing (e.g., personal injury claim, medical negligence claim, etc.). With the solicitor, you’ll gather evidence and documentation, which may include: Medical Records: Any medical evidence supporting the injury or harm sustained. Accident Details: Reports, photos, witness statements, and any other documentation related to the incident. Financial Documents: Receipts or bills for any expenses incurred due to the injury, such as medical costs, travel expenses, or adaptations required for care. 3. File the Claim on Their Behalf You’ll work closely with the solicitor to prepare the claim. The solicitor will handle most of the legal aspects, including drafting legal documents and communicating with the other party or their insurers. Your role as a litigation friend or attorney will be to ensure that decisions align with your parent’s best interests, and you’ll need to attend meetings or court hearings if required. 4. Understand the Potential Outcomes Your solicitor will outline the possible outcomes and compensation that may be available to your parent. Compensation may cover: Medical Expenses Care Costs (current and future) Pain and Suffering Loss of Earnings (if relevant) 5. Ensure Your Parent’s Interests Are Represented Throughout the claim, it’s essential to keep your parent’s well-being at the forefront. Your solicitor will help ensure that all steps taken reflect your parent’s best interests, especially if a settlement is proposed. Our Legal Experts Can Help If you’d like a consultation to discuss next steps, our team can offer expert guidance on the process of acting as a litigation friend or attorney. Contact us today for a free consultation to explore your options and receive support every step of the way.
How Horse Riders Can Claim Compensation for Accidents Involving Vehicles Horse riders face unique challenges on the road, and when drivers fail to approach carefully, the consequences can be serious for both horse and rider. Every year, hundreds of accidents occur due to drivers passing too close or driving irresponsibly around horses. According to recent data from the British Horse Society (BHS), the number of reported incidents involving horses and vehicles in the UK remains high, with over 3,500 incidents reported in the last five years. Highway Code Guidelines for Drivers and Horse Riders The Highway Code includes specific guidance on how drivers should approach horses on the road. Rule 215 explicitly instructs drivers to “pass wide and slow” when overtaking horses, ideally at a speed under 10 mph, and to give at least a two-metre distance. Additionally, drivers should avoid making loud noises or sudden movements that could startle a horse. For horse riders, the Highway Code advises wearing high-visibility clothing and signalling clearly. Riders are also encouraged to use hand signals to direct drivers to slow down if necessary, and to ensure that horses are properly trained and under control in public spaces. When a driver fails to follow these guidelines, they may be liable for any resulting accident and injuries. Incidents where drivers pass too closely or approach too quickly, causing the horse to panic or even collide with the vehicle, may allow the rider to pursue compensation. The “Pass Wide and Slow” Campaign The BHS’s “Pass Wide and Slow” campaign advocates for safer practices on the road, urging drivers to pass horses at a safe distance and speed. The campaign also encourages riders to report any incidents involving dangerous driving to help raise awareness and contribute to the statistics used in improving road safety measures. The BHS’s data highlights the prevalence of these incidents: Over 3,500 incidents involving horses and vehicles have been reported in the last five years. Of these incidents, more than 80% were caused by cars passing too close or driving too fast around horses. Sadly, over 130 horses and 40 riders have lost their lives in road incidents over the past decade. What Horse Riders Can Do After an Accident If a driver startles or collides with a horse, causing injury or distress to the rider, there are steps that can be taken to pursue compensation for damages. Here’s what to do if you’re involved in an accident as a horse rider: Seek Medical Attention and Veterinary Care: Prioritise the well-being of both the rider and horse. Document any injuries, as medical and veterinary reports can support your claim. Report the Incident to the Police and BHS: It’s important to report the accident to the police and record it with the British Horse Society if it involves dangerous driving. Police documentation can serve as essential evidence in your claim. Gather Evidence from the Scene: If safe to do so, take photos or videos of the scene, any damage to equipment, and any visible injuries. Note the driver’s details, vehicle registration, and witness contact information. Check for Nearby CCTV or Dash Cam Footage: Footage from nearby businesses or dash cameras can provide crucial evidence of a driver’s negligence. This may show the speed and proximity at which the driver approached. Speak to Witnesses: Witness statements can strengthen your case, especially if they can verify that the driver was too close or driving carelessly. Pursuing Compensation from the Driver’s Insurance If the driver’s negligence caused the accident, you may be able to recover compensation for injuries, damages, and associated costs. Compensation can cover: Medical Expenses and Rehabilitation: Any costs associated with treatment for injuries to the rider. Veterinary Bills: Expenses for treating the horse’s injuries, as well as costs for any specialised equipment that was damaged. Compensation for Pain and Suffering: The trauma of an accident involving a large animal like a horse can be significant, and compensation can account for both physical and emotional distress. Loss of Earnings: If the accident has caused you to miss work, you may be able to claim for lost income. Typically, you will work with a solicitor experienced in road accident claims, who will communicate with the driver’s insurance company on your behalf. Your solicitor will gather evidence to show the driver’s failure to follow the Highway Code’s guidelines on passing wide and slow, which can help prove liability. Why Reporting Matters: Raising Awareness for Rider Safety Every report of dangerous driving helps organisations like the BHS improve road safety advocacy. By reporting incidents, riders contribute to a larger effort that can lead to stricter policies, better road signage, and awareness campaigns to educate drivers about safe practices around horses. When accidents happen, the impact on horse riders can be profound and lasting. For a powerful real-life perspective, take a look at our detailed case study on a tragic incident involving a horse rider on a country lane. This story highlights the critical importance of driver awareness and safe practices on rural roads. If you’re seeking insight into what steps to take after an accident and how to pursue compensation, this case study sheds light on the process and underscores the need for ongoing road safety advocacy. Contact Us for No Win, No Fee Advice If you or your horse have been involved in an accident due to a driver’s negligence, we can provide expert legal guidance on your options for claiming compensation. We operate on a no win, no fee basis, so you can focus on recovery while we handle the legal process. Contact us today to arrange a free consultation and learn how we can help you secure the compensation you deserve
All in a Day’s Work: The Most Common Types of Workplace Accidents in the UK Workplace and How to Claim Compensation In the UK, workplace accidents can lead to significant physical, emotional, and financial strain. Data from the Health and Safety Executive (HSE) shows that in 2022/23, there were 61,713 reported non-fatal injuries to employees, with around 36.8 million working days lost due to work-related illness and injury. The HSE’s statistics highlight not only the prevalence of certain types of accidents but also the need for preventive action to ensure a safer work environment for everyone. However, even in well-regulated workplaces, accidents do happen. Knowing your rights and the steps to take if you’ve suffered a workplace injury is essential. Here, we’ll review the most common types of workplace accidents in the UK and provide guidance on how to pursue a compensation claim if you’re affected. 1. Slips, Trips, and Falls These incidents remain the leading cause of workplace injury in the UK, making up approximately 30% of all non-fatal injuries reported to the HSE. Many of these injuries could be prevented through simple measures such as keeping walkways free from obstructions and addressing uneven surfaces. How to Make a Claim for Workplace Slip, Trip, or Fall Injuries Due to Negligence If you’ve suffered an injury from a slip, trip, or fall at work due to negligence—such as an unmarked wet floor or cluttered walkways—you may be eligible to make a claim. Document the conditions that caused the fall, take photos if possible, and report the incident to your employer. 2. Handling, Lifting, and Carrying Accidents Handling-related injuries account for around 18% of non-fatal workplace injuries, according to HSE data. These accidents are particularly prevalent in industries that require physical labour, such as warehousing, logistics, and manufacturing. Manual handling injuries can lead to long-term musculoskeletal disorders, impacting one’s ability to work. Claiming for Injuries Caused by Unsafe Workplace Practices and Inadequate Training If your injury is due to improper or inadequate training, lack of mechanical aids, or poorly designed tasks, you could have grounds for a compensation claim. Seek medical advice promptly, keep a record of your pain and symptoms, and gather any evidence that indicates unsafe handling practices. 3. Falls from Height Falls from height, while less frequent, are among the most serious types of workplace accidents, resulting in 40 fatalities in 2022/23. The construction industry, where tasks frequently involve working on ladders, scaffolds, and rooftops, is particularly affected. Claiming Compensation for Fall Injuries Due to Lack of Safety Equipment or Procedures If you fell from height due to inadequate safety equipment or improper procedures, you may be entitled to claim compensation. Ensure you document any unsafe conditions, report the incident, and request copies of risk assessments if they’re available. 4. Struck by Moving Objects HSE data shows that injuries from moving objects account for approximately 10% of workplace injuries, often in environments with machinery or heavy vehicles. Incidents of this nature can cause anything from minor bruises to life-changing injuries, making prevention crucial. Making a Claim for Injuries from Falling Objects Due to Unsafe Workplace Conditions If you were struck by an object due to improper safety measures or equipment malfunction, you may be able to make a claim. Collect any available evidence, such as reports of equipment malfunctions or witness statements, and seek medical documentation of your injuries. 5. Workplace Violence Violence in the workplace affects around 5% of employees, particularly those in public-facing roles. The psychological and physical toll of workplace violence can be profound, often necessitating time away from work and psychological support. Claiming Compensation for Workplace Assault or Violence Due to Lack of Employer Protection If you have experienced an assault or other violent incident at work, you may have a case for a compensation claim, especially if the employer failed to provide adequate protection or training. Document the incident, obtain witness statements, and report the incident to the employer. Bringing a Claim After a Workplace Accident If you’ve suffered an injury at work, here are steps to consider when bringing a claim: Report the Accident: Always report the incident to your employer and request that it be recorded in the accident logbook. Seek Medical Attention: Obtain a full assessment from a medical professional and keep records of all treatments, prescriptions, and follow-up appointments. Gather Evidence: Take photos of the accident scene, gather any witness statements, and keep copies of correspondence with your employer regarding the incident. Contact Our Specialist Solicitors: Our team of specialist solicitors will be happy to provide advice on a no win, no fee basis as to how you can progress your case. File a Claim Promptly: In the UK, you generally have three years from the date of the injury to file a claim, so acting promptly is important. Know Your Rights: Remember that it’s illegal for employers to dismiss or penalise employees for making a legitimate claim. If you’re concerned about this, discuss it with your solicitor. Our legal experts are here to help Understanding your rights and knowing the most common types of workplace accidents can help prevent injuries and ensure fair compensation if accidents do occur. The HSE’s data is a reminder of the importance of proactive safety measures and swift action in the event of an incident. By staying informed and vigilant, employers and employees alike can create safer workspaces across the UK—making every day on the job that much safer for everyone.