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On the same day that the Government’s new changes to the benefits system came into effect (1st April 2013) new laws also came into force that change the way personal injury claims will now be dealt with.
Two years ago healthcare conglomerate, Johnson & Johnson had to recall its metal-on-metal (MoM) ASR hip replacement devices. An estimated 37,000 patients in the US were fitted with the ASR implant and it cost the company $3 billion compensation bill to settle the resulting 3,000 lawsuits against them. According to a report by Reuters, this was the most expensive medical device failure in American history.
In April 2012 the Master of the Rolls, Lord Neuberger, announced that he would be endorsing a new pilot scheme within the Court of Appeal Mediation Service. The scheme would see the automatic referral of appeals to mediation for any personal injury or contractual claim worth less than £100,000 with judges open to recommend mediation for claims of any value if they feel it would be of benefit.
Wearing a cycle helmet isn’t compulsory. It isn’t a criminal offence to cycle without one and there are no criminal penalties if you chose not to do so. However, a recent Court decision shows that there could be other legal consequences which impact heavily upon any cyclist who suffers a head injury and has chosen not to wear one.