Personal injury

Hip resurfacing; claims against the manufacturer

Hip resurfacing, a type of hip replacement, was first introduced in the 1950s and was a disaster. It was not revisited until the 1980s when a team from Birmingham introduced a method of resurfacing using cobalt chromium. Initial results were excellent and this type of ‘metal on metal’ (MoM) hip replacement was embraced by surgeons worldwide.

What is the Compensation Recovery Unit?

The Compensation Recovery Unit (CRU) is part of the Department for Work and Pensions (DWP). If you are injured either through accident or disease and make a successful claim for compensation, the CRU must be notified of the details of your claim by the organisation (or person) paying the compensation (the compensator). The CRU records all welfare benefits you receive as a result of your injuries.

When will qualified one-way costs shifting apply?

Qualified one-way costs shifting, otherwise known as QOCS, was introduced for personal injury claims on 1 April 2013 following the Jackson Reforms. The aim of QOCS was to assist in establishing a balance for claimants who, following implementation of the Jackson Reforms, were no longer able to recover Conditional Fee Agreement (“CFA”) success fees or After the Event (“ATE”) insurance premiums from their opponent.

Time Limits for Bringing Personal Injury or Medical Negligence Action

There are strict time limits for bringing a personal injury or medical negligence action. Whilst the general rule is that a Claimant has 3 years from the date of the negligence, or date of knowledge of the negligence, in which to either settle their claim or issue court proceedings against a Defendant, this is not always the case and each case should be assessed on its own facts. It is advisable to seek advice if there are any doubts as to the date.
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