September 30

The smoke and mirrors of whiplash rhetoric

first_img David Bott, is president of the Association of Personal Injury Lawyers (APIL) For some time, there has been a theme of depicting whiplash claimants as fraudsters. Jack Straw describes whiplash as a ‘profitable invention of the human imagination’. The Association of British Insurers create a perception that whiplash doesn’t exist. Nick Starling told the House of Commons Transport Committee, for example, that ‘with some of the personal injuries, whiplash for example – there are very high rates of whiplash – it is a soft tissue injury. There is no physiological evidence, as I understand it, that you’ve got that injury.’ At the same time, the Thatcham vehicle research organisation invests heavily on behalf of insurers (and quite rightly) in the prevention of whiplash. Dare I say it, they are being a little two-faced about this. A whole gamut of legal reform faces personal injury lawyers, and no doubt the government is hoping this will reduce whiplash claims. The Jackson reforms will undoubtedly leave the most seriously injured people worse off and will prevent many victims from litigating. But their impact on whiplash claims, the one area where the government is keen to have an impact, is questionable. Success fees in road traffic accidents are already capped at a low level, and would be largely offset by the proposed 10% increase in damages. The Transport Committee talked about putting an ‘extra bar’ in place for whiplash victims before they receive compensation, as a way of controlling the number of claims. Well, as a first step it would be worth persuading insurers to at least stop lowering the current bar. The flurry of offers made by insurers before medical reports have been obtained have only driven the burden of proof lower, as claimants are not being asked to stand in front of a doctor, or being questioned about their statements. If insurers are going to throw easy money at people, or offer to buy people off through third party capture, they should not be surprised if it generates more demand. Insurers allege fraud when they speak publicly, but shy away from it in individual cases. If they really believe fraud is widespread, they should stand by their convictions and defend suspected fraudulent cases rigorously. This was another point well made by the Transport Committee. Let the courts decide. The argument that fraud in whiplash is unprovable simply isn’t true. A good doctor can spot genuine pain and genuine restriction of movement and, like most of us, can spot a liar. Lawyers have no interest in securing settlements for fraudulent claimants as it brings the profession, and the individual firm, into disrepute. It also elongates the process and can lead to significant costs consequences for the firm. In my experience as a lawyer the vast majority of claimants are not liars. Inevitably, there will be a few who are and insurers must stop making it easy for these people to abuse the system. Rather than putting yet more hurdles in place for the injured person, let’s apply the current tests properly in every case. Let’s stop listening to the spin and get back to common sense.last_img read more

September 26

Students join ECMMAN Team in Bell Hall beach clean-up

first_imgEducationLocalNewsSecondary Students join ECMMAN Team in Bell Hall beach clean-up by: – July 15, 2015 Share Tweet Bell Hall BeachThe Eastern Caribbean Marine Managed Areas Network (ECMMAN) project which aims to establish a network of effective marine managed areas (MMAs), is focussing its efforts in Dominica, at the Cabrits National Park Marine Section. As part of the awareness and outreach activities the ECMMAN project Campaign Team held a beach clean-up and paint day, on Saturday 11th of July, 2015, at the Bell Hall Beach. A group of students from the Portsmouth Secondary School, and Centre Where Adolescents Learn to Love and Serve (C.A.L.L.S.) Dominica participated in this activity, which began with a short educational session on environment and conservation led by the In-country Coordinator, Ms. Agnes Esprit. The students were enlightened on the impacts of anthropogenic activities within the area, the value of the Cabrits National Park Marine Section, and to utilise resources in a sustainable manner. They were encouraged to demonstrate pride in relation to the Cabrits as it is part of their backyard, and take action to reduce pollution in the area.The students expressed interest in the environment and the need for conserving and sustainable use. Many of them have experienced the marine area as swimmers, divers or fishers and some have parents who are fisher folks.During the beach clean-up which followed, the young people observed the type of litter and lamented on the negative impact on the environment both on land and at sea.The students later engaged in painting of 12 kerbside bins in which they competed and won prizes for their designs and creativity. They were able to enjoy a football game and a sea bath.The ECMMAN project is funded by the International Climate Initiative (ICI) via The German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU). Several businesses contributed toward the Beach clean-up and painting. These include Harris Paints Dominica Ltd., New India Assurance, JAYS Ltd., Burton & Company, Jollys’ Pharmacy Ltd., and Hysteria Mas.– / 11 129 Views   no discussionscenter_img Share Share Sharing is caring!last_img read more

September 24

Four MLB Teams Have Comeback From Down 3-1 in the World Series; Here’s a Look at Who Did it

first_img Matt Loede Related TopicsBusch Memorial StadiumKansas City RoyalsMLBSt.Louis CardinalsWalter JohnsonWorld Series The Cubs and their fans are hoping for a historic comeback against the Indians starting tonight at Wrigley Field, a comeback that is so historic Major League Baseball hasn’t seen it happen in 31 years, and it’s only happened four times in the past.1985 Kansas City Beats St.Louis 4-3The last time it happened was in 1985, when the Kansas City Royals rallied from down three to one to top the St.Louis Cardinals. What most remember from that series was the famous safe call by first base umpire Don Denkinger in the 9th inning which allowed the Royals inning to continue, and they wound up winning that game 2-1.The seventh game was a route, as the Royals dominated from the start, beating the Cardinals 11-0 to take home the title.1968 Detroit Beats St.Louis 4-3 Down three games to one the Tigers got a 5-3 win in game five to extend the series, but the daunting task was they had to go to Busch Memorial Stadium for games 6 and 7.Game six was a runaway win for the Tigers as they beat the Cards 13-1, and it was much of the same in game seven, as the Tigers again held the Cards to a single run in a 4-1 win to win the title.1958 New York Yankees Beat Milwaukee Braves 4-3Coming from down 3-1, the Yankees won their seventh title in 10 years, eventually topping the Braves four games to three. New York won the last two games in County Stadium, with a thrilling 4-3 win in game six to extend the series to a deciding seventh game.Milwaukee scored first off Don Larsen in the first inning, but the Yankees put up a two-spot in the second, and tied at two in the 8th, the Yankees crushed the dreams of the Braves with four two-out runs to win the game and the championship.1925 Pittsburgh Pirates Beats Washington Senators 4-3The Pirates were able to force a game seven, but had to take on Washington’s Walter Johnson, who had won games one and four for the Senators.This time the Pirates did enough, as despite trailing 4-0 after one inning, they outscored the Nats 9 to 3 over the final eight innings, taking home the win and the championship.Weather was a major factor back in the 1925 World Series, as two games were cancelled, and game seven was played under a driving rain for most of the affair. center_img Matt Loede has been a part of the Cleveland Sports Media for over 21 years, with experience covering Major League Baseball, National Basketball Association, the National Football League and even high school and college events. He has been a part of the Cleveland Indians coverage since the opening of Jacobs/Progressive Field in 1994, and spent two and a half years covering the team for 92.3 The Fan, and covers them daily for Associated Press Radio. You can follow Matt on Twitter HERE.last_img read more