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Personal Injury

Welcome to the personal injury and clinical negligence department. We hope that you will find us approachable, sympathetic and efficient in helping you to rebuild your life after being injured in an accident.

We work tirelessly, not only to recover the right amount of compensation, but also to provide rehabilitative treatment where appropriate.

Meet the team

If you would like to discuss matters further with a member of the team please text “Scaiff Injury” to 81400 for a free call back

Mervyn Bayliss Partner Mervyn formed the original partnership with Peter Scaiff in 1981 having qualified as a solicitor in 1980. Mervyn has conducted complex spinal injury and brain injury cases arising from road traffic accidents and has built up a comprehensive network of expert contacts across the country. Mervyn is an avid rugby supporter and enjoys watching Worcester Warriors, shooting, playing squash, cycling and walking his dogs. Mervyn is a member of APIL. mbayliss@scaiff.co.uk

Simon Shaw Partner Simon qualified as a solicitor in 1992 and has specialised latterly in employer’s liability/industrial accident claims, to include those involving asbestosis and vibration white finger, but also has considerable experience in high value brain injury claims involving children. Simon is a member of APIL. sshaw@scaiff.co.uk

Elizabeth Rimell Partner Elizabeth qualified as a solicitor in 2002 and  her focus areas within personal injury claims are employers liability, road traffic accidents and clinical negligence, particularly those claims surrounding child-birth and aftercare.  Elizabeth is a member of the Association of Personal Injury Lawyers panel. Beyond the office Elizabeth enjoys spending time with her young family, dog-walking and playing netball for Scaiff 7’s. erimell@scaiff.co.uk

Roger Owen Trainee Solicitor Roger joined Scaiff LLP in 2009 as a Trainee Solicitor and is set to qualify in 2012. In the Personal Injury Department Roger has carried out extensive research specific to the more complex employers and public liability cases and progressed several road traffic act cases to successful conclusion. Roger lives in Worcester with his young family and hIs interests includes photography and 'gadgets' rowen@scaiff.co.uk

For more information on the services we offer please click on the following links:

» Types of Accident
» Funding
» Claims Process

Types of Accident

We have experience of various types of accident claim and the following is not an exhaustive list of the work we have done over the years:-

• Road Traffic Accidents - (Hit and run and Uninsured Drivers)
• Accidents at work
• Accidents abroad (& Holiday Claims)
• Trips and Slips
• Injuries to Children
• Brain and Spinal Injuries
• Fatal Accidents
• Industrial Disease
• Repetitive Strain Injury
• Vibration White Finger
• Asbestosis
• Armed Forces Claims
• Dental Negligence
• Clinical Negligence (Claims v GPs/Hospitals/Health-care Providers)
• Criminal Injuries Compensation Authority Claims

Funding

We will investigate the best way for you to fund your claim. Most of our clients instruct us to act under a ‘no win no fee’ agreement (or a ‘Conditional Fee Agreement’). This is appropriate where you do not have any relevant legal expenses insurance and we consider your claim has reasonable prospects of success.

A Conditional Fee Agreement can also be supported by ‘After the Event’ legal expenses insurance which is a means of protecting you from third party costs without having to make any payment until you receive your compensation and, at conclusion of your claim, we seek to recover the premium from your Defendant.

Claims Process

Where-ever possible we arrange a meeting with you as it helps to establish a rapport with the solicitor who will be acting on your behalf for the duration of your claim. Otherwise we can take your detailed instructions by telephone and then write to you with our understanding of your claim, our recommendations for progressing the claim and the likely length and cost of the claim.

Once we have agreed the content of the detailed letter of claim this is submitted to the Defendant who has 21 days in which to acknowledge receipt. Thereafter they have 3 months (6 months if the accident was abroad) to investigate liability before being obliged to confirm their stance on liability.

In the event that fault is admitted we can look to arrange a medico-legal consultation for you with an expert skilled in dealing with the injuries you have sustained. Thereafter it will be a case of amassing evidence in relation to your out of pocket expenses (which may include receipts for travel, loss of income and the cost of private treatment) before entering into settlement negotiations. If we consider the settlement proposal made by the Defendant is inadequate we may advise you to issue Court proceedings where, ultimately, a Court would decide your award but we often find the tactic of issuing the claim elicits an increased settlement proposal.

Should the Defendant deny liability at an early stage then it is for us, and possibly other experts (such as Counsel or a medical professional in cases of clinical negligence) to assess the available evidence and advise you as to the merit of otherwise of the claim. If the claim has reasonable prospects of success, and we can arrange some form of financial protection for you, we will progress the claim albeit keeping the evidence under constant review.

At all stages we have to ensure that the costs being incurred are reasonable and, whether you have before or after the event legal expenses insurance, we will have to report regularly to your insurer to obtain authorisation to progress the claim.

The above is guidance only and obviously the exact process varies depending upon the nature of the claim but we will of course advise you of the likely order of events at the outset and throughout the life of your claim.