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- Child seat not of correct size
- Cyclist rides from pavement into car’s path
- Highway must be dangerous
- Pedestrian taking a risk pays in contributory negligence
- Motorcycle filtering past traffic queue
- Horse and rider accident with campervan
- Cyclist jumps red light and wins compensation
- Child brain injury and rehabilitation
- Cylcling helmets and compensation for cycle accidents
- Uninsured loss
- Legal cover and legal protection
- Changes to personal injury compensation claims
- Paying the cost of personal injury claim
- If you worked with asbestos keep a record
- Wear a cycle helmet
- Pedestrians at risk from falling trees
- Pedestrian road accident
- Liability is admitted
- Referral fees – the truth
- 50/50 50:50 50-50 fifty fifty
Author Archives: Mark Thompson
Child seat not of correct size
A sad case which explains the approach which will be taken by Courts where a child is not sitting in the correct child safety seat. A child called Emma was sitting in the rear of her mum’s car. They were … Continue reading
Posted in Car accidents
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Cyclist rides from pavement into car’s path
A 16 year old cyclist was riding along the pavement came into the road and was hit by a car travelling in the same direction. The accident occurred at about 8 p.m. The claimant had been to fetch his bicycle … Continue reading
Posted in Cycling accidents
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Highway must be dangerous
Road accidents caused by roads in poor condition are not always easy to pursue against the highway authority. This might seem odd, but the highways are maintained by the State, so the State gets to set the standard. Here is … Continue reading
Pedestrian taking a risk pays in contributory negligence
There is a trend in Court decisions where a driver is found to blame, but the pedestrian, cyclist or motorcyclist involved is found partly to blame. That means they have contributed to their injury – contributory negligence. The theme in … Continue reading
Motorcycle filtering past traffic queue
Ben was riding a Derbi GPR50 motorcycle on the A143 in the Great Barton area. In his direction traffic was queuing because of road works ahead. He decided to overtake the queue, but ran into the front of a coach … Continue reading
Posted in Motorcycle accidents
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Horse and rider accident with campervan
Horse and rider in accident with camper van I come across equestrian accidents as I operate in an area where horse riding is very popular. Take a careful look at the facts of this case and decide the case for … Continue reading
Posted in Accident examples
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Cyclist jumps red light and wins compensation
Cyclist jumps a red traffic light and still wins compensation – but only just. An accident between a cyclist and a taxi car happened at a T-junction controlled by traffic lights. The taxi went across the junction on a green … Continue reading
Posted in Cycling accidents
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Child brain injury and rehabilitation
Rehabilitation can make a real difference in acquired brain injury cases, particularly for child acquired brain injury. If there is a clear case for compensation rehabilitation can be provided through the Rehabilitation Code. The rehabilitation is paid for by the … Continue reading
Posted in Head Injury
Tagged acquired brain injury, child head injury, head injury to child
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Cylcling helmets and compensation for cycle accidents
Cycling helmets When I act for a cyclist involved in an accident I always ask if a helmet was worn. The reason is that failure to wear a helmet can be used to reduce your compensation after a cycle accident. … Continue reading
Posted in Cycling accidents
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Uninsured loss
Uninsured loss Uninsured losses are those items of expense which are not covered by your own insurance policy. They usually crop up after a road accident. If you have third party cover you only have cover for the damage you … Continue reading
Legal cover and legal protection
Legal cover or legal protection are terms used for legal expenses insurance Legal expenses insurance is designed to allow you to bring a compensation case without worrying about having to pay legal costs. I think of it as allowing the … Continue reading
Changes to personal injury compensation claims
Why are changes coming to personal injury compensation claims? The insurance industry lobby has won its argument that too many people are claiming compensation or personal injury and that the legal costs they pay are too high. If you do … Continue reading
Posted in Legal costs
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Paying the cost of personal injury claim
Paying the cost of a personal injury claim Today a claimant bringing a personal injury compensation case can be protected from the risk of paying the other side’s fees if the case goes wrong and you have to pay legal … Continue reading
Posted in Legal costs
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If you worked with asbestos keep a record
I recently met an old friend, David Carter, who remains a great friend and representative to all those who worked in the Devonport Royal Dockyard at Plymouth. He has long been an adviser to those who have suffered the consequences … Continue reading
Posted in Asbestos, Industrial disease
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Wear a cycle helmet
Wear a cycle helmet If this short film by James Cracknell does not convince you to wear a cycle helmet, nothing will. Please watch and wear that helmet.
Posted in Cycling accidents, Fatal accident
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Pedestrians at risk from falling trees
The danger of falling trees and branches The danger from falling trees We look at trees as a benign benefit of nature, but when they fall the consequences can be awful. The law approaches fall trees or falling branches as … Continue reading
Posted in Pedestrian road accident
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Pedestrian road accident
How careful must a driver be? Children playing in street – take extra care Where a pedestrian is struck by a vehicle the driver of the vehicle is usually to blame for failing to take reasonable care. As ever there … Continue reading
Posted in Pedestrian road accident
Tagged car v pedestrian, pedestrian accident, pedestrian safety
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Liability is admitted
Liability is admitted – can I relax? The defendant has admitted liability, or the insurance company for the Defendant has admitted liability. Admitting liability is quite common in personal injury compensation case. The Claimant and their representatives relax as the … Continue reading
Referral fees – the truth
The truth about referral fees There are so many headlines and so few facts about referral fees in personal injury compensation cases. Payment of fees and commissions for the introduction of business have always been a fact of business life … Continue reading
50/50 50:50 50-50 fifty fifty
50/50 50:50 50-50 fifty fifty 50/50 is a term used where it is thought the blame for an accident is equally shared between those involved. The term is often used by insurance companies who want to reduce the payment they … Continue reading
Gratuitous care in compensation claims
Gratuitous care If you have cared for the victim of accident or injury and the victim is entitled to recover compensation then a claim may be made for gratuitous care. Gratuitous care means care and attention above and beyond what … Continue reading
Posted in Explanation of compensation
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Mesothelioma – environmental risk of asbestos
How much asbestos exposure to prove mesothelioma compensation case? Mesothelioma is a cancer caused by asbestos. Unlike most asbestos related conditions such as pleural plaque, diffuse pleural plaque, and asbestosis, the cancer called mesothelioma can be caused without a good … Continue reading
Google sued in US over walking directions
Looking for story about Google sued over walking directions. Our page address has changed. Please click here for the page you need.
Posted in Pedestrian road accident
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Industrial deafness in the workplace
Industrial deafness still common workplace injury Industrial deafness as a workplace injury has been a known risk for many years. The problem of industrial deafness, and how to avoid it, has been known to employers for many years. As long … Continue reading
Posted in Industrial disease
Tagged 85 decibels, 85dBA, 90 decibels, 90dBA, industrial deafness, workplace noise
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Compensation recovery scheme – recoupment
Compensation recovery scheme State recovery of benefits paid after accident or injury – recoupment of benefits The State can recover benefits paid after accident or injury if the person injured brings a successful claim for compensation. Recovery is only possible … Continue reading
Posted in Explanation of compensation
Tagged compensation recovery scheme, CRU, recoupment
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Interim payment in personal injury
Interim payment in personal injury case An interim payment is a payment on account of the compensation you are likely to receive in your claim for compensation. After an accident your earnings may be reduced or even stopped. You may … Continue reading
Legal expenses insurance according to Consumer Focus
What does legal expenses insurance mean to you? Consumer Focus set out to see what legal expenses insurance means to you. Legal expenses insurance, sometimes called before the event insurance, is sold very effectively, but not explained well in my … Continue reading
Posted in Explanation of compensation
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Accident compensation claims repay NHS
The cost of motor insurance and the NHS factor If you bring a successful compensation case after an accident which involves an insured vehicle the Government can reclaim the cost of NHS treatment from the insurer of that vehicle. You … Continue reading
Posted in Compensation for injury
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Rehabilitation after accident
Rehabilitation in personal injury compensation claims Why and how rehabilitation can work for you You will appreciate from other pages of this site that my aim is to achieve maximum compensation for my clients. I also try to gain the … Continue reading
Employers’ liability for personal injury at work
Employers’ liability Workplace accident claim The case if Vaile v Havering London Borough Council is case is a good example of a workplace accident claim. The decision is based on the law of negligence. Negligence is the failure to take … Continue reading
Posted in Workplace accident claim
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Personal Injury accident at Work
Personal Injury at Work How to avoid accidents and injury at work I started my career as a personal injury solicitor working for those who suffered personal injury at work. What is striking is that although the law has been … Continue reading
Workplace accident claim
Workplace accident claim Workplace accidents are avoidable which means accidents at work should not happen. Compensation can be claimed for the consequences of a workplace accident. The workplace must be risk assessed to avoid accidents and injury at work. If … Continue reading
Posted in Workplace accident claim
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Transport Committee – report on rising insurance cost
Report of transport committee of House of Commons 11 March 2011 I am pleased to bring you the Committee findings as I was one of those who provided evidence. Fraud is one of the main factors driving up the cost … Continue reading
Health and safety and common sense
Carelessness and the lack of forethought cause accidents and poor medical treatment, not compensation. Continue reading
Posted in Compensation for injury
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Motor insurance premiums rising
Motor insurance premiums are rising sharply On Tuesday 9 November 2010, the House of Commons transport committee is to ask the insurance companies why insurance premiums are rising. The media reported premiums have risen 51% in the past 12 months. … Continue reading
Posted in Explanation of compensation
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Local authority care
The Court of Appeal was asked to decide if a public authority exercised its decision making powers correctly.
The point at issue was whether the Council could change the help it gave without a change in a person’s circumstances.
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Identifying risk of injury to employees – protective equipment
Explanation of employer’s duty to prevent risks and protect by use of personal protective equipment – gloves in this example. Continue reading
Compensation culture – do we have one?
Lord Young admitted that the “perception” of a growing compensation culture was not wholly supported by the facts, although the NHS Litigation Authority had seen a 10 per cent annual rise in claims during the last two years. Continue reading
Posted in Compensation for injury
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More confusion for asbestos victims
Who should pay for asbestos injury? Many headlines and reports were written about an asbestos decision made in The Court of Appeal on 8 October 2010. The case was called the employers’ liability “trigger litigation.” The issue was whether an … Continue reading
Posted in Asbestos, Industrial disease
Tagged asbestos trigger litigation, contracted, mesothelioma, sustained
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Complaints and the Legal Ombudsman
How the Legal Ombudsman will approach resolving complaints From 6 October 2010 the Legal Ombudsman will play a significant role in resolving complaints about legal service, and solicitors must tell their clients about the right to complain. The Legal Ombudsman … Continue reading
Contributory negligence examples
The concept of contributory negligence is based on a claimant being partly responsible for the damage. The clearest example is a car driver who does not wear a seat belt. Not wearing the seat belt does not cause the accident, but it contributes to the damage – the injury. Continue reading
Tracing insurance company – industrial disease
Tracing employers’ liability insurers The need to trace the employers’ liability insurer of a company arises when a personal injury claim is to be made based on employment many years ago. Cases involving asbestos exposure and industrial deafness are the … Continue reading
Posted in Asbestos, Industrial disease
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Work at Height Regulations 2005
Safety when working at height Historically most personal injury cases were based in the law of negligence. Negligence is the failure to take reasonable care to avoid likely injury. Over recent years health and safety regulations have been brought into … Continue reading
Posted in Workplace accident claim
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Motorcycle filtering through traffic
Motorcycle, scooter and moped filtering in traffic Filtering through traffic is one of the many advantages of riding a motorcycle, a scooter, or a moped. The downside is that it is one of the most dangerous things you can do. … Continue reading
Posted in Accident examples, Motorcycle accidents
Tagged bicycle filter, bike accident, filtering, moped filter, motorcycle, scooter filter
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Complain about a solicitor
Complain about solicitor You might think this an odd topic for a solicitor’s website. I take the view we should be as open as possible about problems, and the Law Society seems to agree. I will set out why complaints … Continue reading
Posted in Explanation of compensation
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Pleural plaques
Pleural plaques The inhalation of asbestos can cause disease in the lung tissues themselves and in the thin surface membranes that cover the lungs – the pleurae. Pleural plaques are discrete localised areas of fibrosis that typically affect the lining … Continue reading
Posted in Asbestos
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Recovering cost of hospice care in asbestos compensation case
DAMAGES — Personal injuries — Hospice care — Deceased contracting lung cancer from exposure to asbestos in course of employment with defendant — Deceased’s estate seeking damages against employer and including claims on behalf of children, grandchildren and great grandchildren — Claim including costs of care incurred by hospice in providing gratuitous palliative treatment to deceased — Whether recoverable Continue reading
Posted in Asbestos, Fatal accident
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Third party capture
Third party capture Third party capture is the name given to a practice operated by some insurance companies after road traffic accidents. They know their own driver is at fault so the insurer will contact the innocent party direct, before … Continue reading
Posted in Car accidents, Motorcycle accidents
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Google sued over walking directions
Woman sues Google over Utah walking directions I came across a news report about a law suit in the United States against Google complaining its Google Map had given an unsafe pedestrian route. Extract from the report of 1 June … Continue reading
Posted in Accident examples
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Choose a solicitor
When choosing a personal injury solicitor you should make a personal choice. Your personal injury solicitor will have to understand how an accident has affected your life, your family life, and your work. Your finances will have to be discussed, and more than likely your medical records. All quite personal stuff, so a personal choice has to be made, not an internet comparison. Continue reading
Posted in Explanation of compensation
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Referral fees
Referral fees are paid by solicitors for instructions Continue reading
Posted in Legal costs
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How is a personal injury solicitor paid?
How a personal injury solicitor is paid and how to protect yourself from costs awards Continue reading
Posted in Legal costs
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Inquest representation and public funding
Representation at an Inquest and the cost A very useful article appeared in the Law Society Gazette on Monday 17 May 2010 by Azmina Gulamhusein The charitable organisation INQUEST has criticised the current inquest system because ‘there is no equity … Continue reading
Posted in Fatal accident
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Care and carers
Who cares for the carer? For all the best reasons we want to care when a family member is in need. My experience tells me that carers do not think about the toll the care regime takes on them. You … Continue reading
Posted in Head Injury
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Child head injury
Head injury and children I acted for a family, two of whom died in a road accident. A young girl was a rear seat passenger in the family car which was hit by a lorry. This case underlines how carefully … Continue reading
Posted in Head Injury
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Child acquired head injury
Acquired head injury in children Head injuries in children are difficult personal injury compensation cases and require experience and expertise. At the outset of such a case much time and effort is spend on the child’s medical, educational and financial … Continue reading
Expert evidence
Expert evidence in compensation cases Only experts can give opinion in a compensation case, and the opinion must be limited to the field of expertise. A medical expert is the usual expert, but again the medical expert must keep to … Continue reading
I want to change solicitor
Do you need to change your solicitor? I want to change my solicitor is something you might be thinking, but is it possible and how do you go about it? “Mark Thompson took over my personal injury claim after I … Continue reading
Posted in Legal costs
Tagged change solicitor, change to new solicitor, unhappy with solicitor
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Mitigation
Mitigation means keeping your losses to a minimum, reasonableness being the guiding factor. Continue reading
Posted in Compensation for injury
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Claim for self employed
Self employed – accident compensation I often act for self employed people. Running my own business gives me an understanding of the self employed, and the particular pressures and issues cases for compensation by the self employed involve. Someone on … Continue reading
Posted in Compensation for injury
Tagged self employed, self employed accident compensation
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Paraplegia
Paraplegia In simple terms paraplegia means waist level paralysis. In life terms every thing is different. I handled a case for a young soldier, who I will call John. He was off for the weekend, and got a lift in … Continue reading
Spinal injury
Spinal Injury Contributory negligence can reduce compensation significantly when the injury is serious I have pointed to the effect of a finding of contributory negligence elsewhere. The effect is greatest in the most severe injury cases, because the needs of … Continue reading
Posted in Spinal injury
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Tractor turns right
Tractor turns right across overtaking motorcyclist A tractor turning right without indicating as a motorcyclist overtook had serious consequences. The rider was knocked off his bike and then run over. Many fractures were suffered, together with a head injury. The … Continue reading
Posted in Head Injury, Motorcycle accidents
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Contributory negligence
Contributory negligence Contributory negligence or partial fault is such an important subject and worthy of its own section. You can prove your case by showing you were injured by someone who did not take reasonable care for your safety. They … Continue reading
Posted in Explanation of compensation
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Recovering costs
Recovering costs from the other side It might surprise you to learn there is no automatic rule which says if you win your case your costs will be paid by the losing side. It happens in the vast majority of … Continue reading
Posted in Legal costs
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Conditional fee agreement
Conditional fee agreement No win no fee Conditional fee agreement is the proper name for “no win no fee.” It means your own solicitors fees are only payable by you in the event of success. Success is defined in the … Continue reading
Posted in Legal costs
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Legal aid
Legal aid Legal aid is a thing of the past in most personal injury cases. The legal aid system was set up for the right reasons, to allow those who could not afford a solicitor, to use one. If the … Continue reading
Posted in Legal costs
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Legal expenses insurance
Legal expenses insurance Lots of people have this insurance as part of policies on their car, motorcycle, van or house. The policy can be bought as a stand alone policy, but few people search it out. The policy will allow … Continue reading
Posted in Legal costs
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No win no fee
No win no fee No win no fee is not an accurate term, and it does not tell you the whole story. The whole story might be boring, but until you have heard it you will not understand. Your only … Continue reading
Posted in Legal costs
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Credit hire
Credit hire Credit hire exists to provide a replacement vehicle after an accident. You as the hirer do not have to pay, as the bill is presented to the insurer of the person who caused the accident. To get a … Continue reading
Politics of compensation
Politics of compensation Newspaper headlines tell you of large compensation awards, fraudulent claims, or the rising cost of road accident claims to insurers. What you do not read is how organisations are reimbursed as a result of a compensation case … Continue reading
Posted in Compensation for injury
Tagged Compensation for injury, CRU, NHS, permanent health insurance, phi, recoupment
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Compensation – good thing?
Compensation – good or bad thing? The need to seek compensation must be a bad thing, but the ability to recover it must be a good thing. Nobody wants to be injured so nobody wants compensation. If something does go … Continue reading
Acquired brain injury
Brain injury There are many causes of brain injury. Acquired brain injury is a term which covers all situations in which brain injury has occurred since birth, and includes injury from trauma/injury, as well as tumour, stroke, haemorrhage and encephalitis, … Continue reading
Fatal accident
Fatal accidents “I have had the worse three years of my life due to the death of my partner at work. Mr. Thompson was very understanding and helped me in more ways than he could ever imagine. I’m so grateful … Continue reading
Fatal lift accident kills two
Fatal accident kills two Two young men died in a lift shaft at a council owned block of flats. After a fatal accident the facts unravelled as the Police, Health and Safety Executive, and Coroner made their investigations. The two … Continue reading
Posted in Fatal accident
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Foreign accent syndrome
Foreign accent syndrome as a result of acquired brain injury The media reported the rare case of Linda Walker whose Geordie accent had turned Jamaican after suffering a stroke. She was diagnosed with Foreign Accent Syndrome, a rare neurological condition … Continue reading
Motorcycle v U turning car
U turn causes motorcycle accident Jack was on his way home from work on his Kawasaki ZX9R motorcycle, his pride and joy. The bike at the time was renowned as the fastest bike on the road. He had been riding … Continue reading
Posted in Motorcycle accidents
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Head injury – long term effect
Motorcyclist suffers head injury A motorcyclist suffered a catalogue of physical injuries, but most serious long term was a head injury. The rider was overtaking a tractor which turned right across him, and then ran him over. By establishing the … Continue reading
Posted in Head Injury, Motorcycle accidents
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Fatal accident – family effect
The effects of a fatal accident A tragic fatal accident happened when parents and their son were out cycling. The men were on the grass verge fixing the son’s bicycle and Mum was sitting on her bike at the side … Continue reading