NJS BREAKING NEWS!

Debris from house, which was hit by drunk driver, falls onto bystander, who has now been compensated £8,500 for his injuries.        Improperly placed gas bottles causes worker full body injuries, which he has now been awarded £9,500 for.        Man slips in supermarket as no wet floor signs were placed. He has been awarded £5,000 following the incident.        Construction worker left to carry heavy materials on his own is badly hurt, as a result, so is compensated £12,000.        

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Month: April 2022

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Council House Disrepair

What The Council Don’t Want You To Know About Disrepair

April 2022

If you are a Council or Housing Association tenant and living in substandard or poor living conditions due to leaks, damp, mould, faulty heating/electrics and so on… then you are living in disrepair. It can be a frustrating and emotionally taxing situation to be in, especially if your pleas are being ignored.

Coping with a house in disrepair can make you feel alone and powerless. Your Council may not offer any solutions or helpful guidance. It can leave you wondering, how can they let me live like this? What more can I do? Why won’t they listen to me?

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

Average Compensation - £1,895
We work on a NO WIN NO FEE basis
to get your home put right and to get you compensated!

What the Council don’t want you to know about Disrepair

There are a few things you may not know as a Tenant. For instance:

● The Council’s or Housing Association’s responsibilies
● Your Tenant Rights
● How a Solicitor can help

It is their responsibility…

To ensure a reasonable standard of living conditions, which include a safe, secure, and well-maintained home. Therefore, it is their duty to repair any reported issues that they are legally responsible for in a reasonable timeframe, which include:

● Damage to the interior and exterior structure of the home, for instance, the foundation, brickwork, walls, roof, guttering, and windows.
● Any leaks and causes of damp/mould.
● Faults with your heating, radiators, gas, and electrics.

This is something they are legally bound by Under Section 11 of the Landlord and Tenant Act 1985. As a result, the tenancy agreement discloses that the above are expected to be kept in repair and proper working order and is the obligation of your Council/Housing Association to do so.

Your tenant rights

Just like it is the Council’s responsibility to maintain and repair the property, it is your legal right as a tenant to live in a property safe and free from any issues of disrepair. They owe you a “duty of care” and therefore, if they fail to repair the reported issue, they could be found guilty of negligence.

In this case, you may be eligible to make a Housing Disrepair claim. This is where a solicitor is necessary.

How a Solicitor can help

You may find the idea of getting a solicitor involved to be daunting, but NJS Law is sympathetic, understanding, and are here to help you every step of the way. Our Housing Disrepair professionals have extensive experience with making claims against Councils and Local Authorities and can ensure the crucial repairs are completed.

There are no upfront costs and even if you are not sure if you have a case, we offer no obligation consultations. But, if the disrepair is impacting your standard of living, affecting your health, causing damage to your belongings, or has resulted in personal injury, you are likely to be entitled to make a Housing Disrepair claim.

NJS Law is here for you. Contact us today.

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Blog

What is a Medical Records Data Breach?

April 2022

A data breach is when a company/organisation accidentally or deliberately lose, alter, disclose, or access your confidential information without your permission.

What is a Medical Records Data Breach?

Our Data Breach experts have experience in dealing with these kinds of claims against healthcare providers like GP practices, medical centers and hospitals ensuring that those responsible are held accountable and you are compensated for any upset and anxiety you may have experienced from learning of the breach.

How do I know my personal data has been leaked?

Under data protection law, healthcare organisations like your local GP are responsible for your patient data and are legally required to store it securely. It is their responsibility to protect it from unauthorised or unlawful processing and to take steps to prevent it from being inadvertently disclosed to a third party.

A data breach can happen to anyone and often tends to occur as a result of inadequate IT security systems, loss or theft of devices like phones and/or computers, poor disposal of data, and unauthorised access/sharing of healthcare provider’s data.

In the unfortunate circumstance of a data breach, it is the obligation of your GP or Healthcare Provider to notify you if they have been implicated in a security incident that has resulted in the leak of your patient data. They should inform you how the breach occurred, the impact, and the scale of data disclosed.

How does a Medical Records Data Breach impact me?

A data breach involving medical records is a severe issue; it is an infringement of the Data Protection Legislation there to protect our personal information, it is an invasion of your privacy, and due to the sensitive nature of the information it can be very distressing when it happens. It can leave you questioning who has viewed your records, why, and what are they going to do with that information?

Furthermore, a medical data breach can be particularly troubling due to the nature of the data that is likely to have been accessed or disclosed. That data is likely to be sensitive in nature and is highly confidential.

How can NJS Lawhelp?

Our specialised Data Breach team will advise you on whether you have a valid medical records breach claim and help you recover the compensation you deserve.

NJS Law operate on a No Win No Fee basis with no upfront fees. Contact us today for a free no obligation consultation.

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Blog

Cohabitation Disputes: Making a TOLATA Claim

April 2022

A TOLATA claim (Trusts of Land and Appointment of Trustees Act 1996) or Cohabitation Disputes, is where individuals dispute an aspect of their cohabitation or financial stake in the property.

Who can make a Cohabitation Disputes / TOLATA claim?

Usually, TOLATA is implemented when a dispute transpires between unmarried couples who live in a property owned either solely by one individual or through joint tenants/tenants in common. But the court is there to help any parties who are disputing over the property, no matter their personal relationship.

Additionally, it can be common for TOLATA to be a useful way to establish whether an individual has an interest in the property. If you believe you have a beneficial interest in a property and are being treated unfairly or not compensated for your contributions, you may be entitled to file a TOLATA claim to recover your financial interest in the property in the form of a lump sum payment or the right to occupy.

What does it involve?

Before starting a TOLATA claim, we typically advise settling the dispute by means of Mediation or Solicitor Negotiation. This can be less time-consuming and easier on the individuals involved but we understand it is not always achievable.

The general process of pursuing a TOLATA claim will look like this:

1) Letter Before Claim
The letter will include your intentions and legal position – it will set out your case for the opposing party and will include evidence to support your claim.

2) Response
The opposing party will have a short window to respond and set out their case. They will either agree or disagree with your claim.

3) Negotiations & Settlement
The aim of this step in the process is to resolve the dispute outside of Court. The solicitors on both sides will negotiate for an early settlement and the case will not need to progress any further if a successful agreement is reached.

4) Court
This may be the only option if unable to negotiate but you have a strong legal position – your solicitor will advise on the next steps of formally pursuing a TOLATA claim through the Court.

How we can help

NJS Law understands that each client is unique, and our experienced Cohabitation Dispute team will work with you to provide advice and solutions tailored to your individual circumstances.

Our expert team will assist in pursuing a TOLATA claim, as well as, ensuring you are protected from future claims and defending you if there is a claim being made against you. Getting the right advice on TOLATA and property disputes is critical and that’s why NJS Law is here. Our team will proactively work with you to settle the dispute outside of court but are extensively experienced in handling claims that are left with no other option.

If you would like to discuss your matter with us or require more information on Cohabitation Disputes, please contact NJS Law today to arrange a free no obligation consultation.

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Categories
Road Traffic Accident

Have You Been Injured In a Car Accident?

April 2022

We never think it will happen to us until it does. It doesn’t matter how well you drive, or how safe you are, even the most skilled drivers can find themselves in an accident. But if you or a loved one have been injured in a car accident through no fault of your own, then you may be entitled to compensation.

What can I claim?

NJS Law have extensive experience in helping individuals who have been involved in car accidents. Whether you were the driver or the passenger, we can assist in making a claim.

Injuries sustained from a car collision can include broken bones, neck/spinal trauma, brain damage, paralysis, whiplash, and burns. In severe and unfortunate cases, they can result in loss of life. In these circumstances, you will be able to claim compensation for your injuries and/or loss of a loved one, based on the nature and severity of your case.

A car collision is a traumatic event. Even if you come away with minimal injury, the shock of an unexpected and sudden physical event can leave a lasting mental impact. Where this happens, you may be able to claim compensation for the emotional distress the incident has caused you.

The accident will have likely also resulted in financial losses. You may be able to claim the cost of any repairs to your vehicle and even the cost of a hire vehicle where your own vehicle is left unroadworthy. You can also claim the cost to recover your car from the scene of the accident, any loss of fuel, travel expenses, damage to personal clothing and belongings, medical treatment, and loss of earnings.

It can be difficult to understand what you can and can’t claim, but this is why our expert Car Accident team can help you, they will clearly explain everything you will be entitled to and discuss all your options.

How can you help me?

At NJS Law, we understand the shock, pain, and disruption a car accident will cause. But we are here to guide you every step of the way to ensure the negligent party is held responsible. Even if you were not involved in a collision with another vehicle, every stretch of the road is the responsibility of Highways England or the local council. So, if your accident was the result of poor road maintenance like a pothole or crack in the road, our team can help make a claim against those authorities.

A car accident may already cause financial difficulties, which is why we handle our cases on a No Win No Fee basis, so nothing else will be lost if the claim is unsuccessful. As well as free no-obligation consultations.

What are my next steps?

If you would like to claim for your accident, we advise you to gather any evidence you can. Such as relevant photographs, eyewitness accounts, medical reports, and contact details of the party/parties involved. This will help us to best support your case.

Our team of accident claim specialists will provide effective, clear, and honest advice, making what may seem like a complicated process easier to cope with, safe in the knowledge that we’re on your side.

NJS Law will aim to get you the outcome you deserve. Contact us today to start your claim.

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Categories
Accident at Work

Claiming Compensation for a Workplace Accident

April 2022

If you’ve suffered injuries because of an accident at work that was not your fault, then NJS Law can help you claiming compensation for a workplace accident. If you have been injured in a workplace accident, we may be able to assist you in filing a claim, whether you are an employee, contractor, member of the public, or a visitor.

Claiming Compensation for a Workplace Accident

Even if you are a casual worker or self-employed, you may be deemed an employee under UK law, providing you the same health and safety rights as other workers. If you are an agency worker, both the agency you work for and the owners of the firm you work for should be held accountable for your safety if you have been injured.

Types of Workplace Accidents

In almost any work situation, there is a chance of an accident occurring. Of course, the likelihood of an accident is notably higher in some workplaces than in others. However, even if you work in a supermarket or in an office, you are still at risk of a workplace injury. Even sitting and typing at a desk can cause eye strain, back pain, and carpal tunnel.

The most common causes of accidents we see, are:

● Slips, Trips, & falls
● Overexertion & Muscle Strain
● Falling Objects
● Vehicle Collisions
● Harmful Exposure
● Violence

If you are currently suffering from a workplace injury, do not hesitate to seek medical assistance. Even though they appear minor, injuries caused by falls, overexertion, burns, and other causes can worsen over time and lead to significant long-term problems.

Making a Claim

If you were injured at work because health and safety regulations were not followed, you may be able to file an accident at work claim. In other cases, you may be able to make a claim even though you were the cause of the accident, such as if your injuries were exacerbated by faulty equipment.

It is the legal duty of your employer to ensure safety of all staff at work. It is their responsibility to undertake regular risk assessments, provide the necessary safety equipment (such as hats, gloves, glasses, etc), and provide proper training and working systems.

You typically have three years from the date of your workplace accident to file a claim for compensation; however, the three-year period may sometimes start from the date you became aware that your injuries were the result of someone else’s negligence. Based on the specifics of your accident and injury, our team will be able to advise you whether you are entitled to file a claim.

Costs and Compensation

Our specialist team of workplace accident solicitors will help you obtain the compensation you deserve. The compensation you receive could assist in paying expenses such as private medical care as well as any time you’ve missed from work.

We handle the majority of workplace injury cases on a No Win No Fee basis. That means you won’t have to pay anything up front, and you won’t have to pay anything if your claim is unsuccessful.

How we can help

Our team has decades of combined experience in dealing with Workplace Accident Claims.

Our NJS Law Serious Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation.

Call on 01625 667 166 or email injury@njslaw.co.uk

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Categories
Contesting A Will

Contesting a Will

April 2022

One of the hardest things to go through is the loss of a loved one, and if there is a disagreement over their Will or estate, it can make things even more upsetting. In these circumstances, the legal procedure for determining how an estate should be allocated is known as contentious probate. If they died without a will – or if the will is contested in any manner – you may require the help of a solicitor to ensure that everything is managed fairly.

We realise how difficult it may be when the terms of the Will do not go as planned, or when there are issues between individuals inheriting and those in charge of administering the estate or managing the various assets. Disputes over the inheritance of a deceased person are unpleasant. Large and complex estates can create additional issues, so it is critical to have professionals on your side.

Reasons to Contest a Will

You may be able to contest a Will for the following reasons:

● You were left out of the Will
● You were not left as much as you were expecting or promised
● You believe the Will is incorrect in some manner

The Will may be invalid in some way if you believe the person making the Will lacked the mental capacity, was improperly influenced by another person, was not properly signed and/or witnessed, or you believe the Will was forged.

If you are considering contesting a Will, you should seek legal counsel as soon as possible.

Challenging an Executor of the Will

In the unfortunate circumstance you believe the estate of the deceased is being mismanaged by the assigned executor, you may be able to make a claim against them.

We understand this can make the bereavement process even harder. As the executor is a person who you should be able to trust fully, especially since they have important responsibilities over the estate. Which may include obtaining the possessions of the deceased and preparing documentation of the assets and liabilities in the estate. It can be a deeply personal role as they will also be responsible for paying any outstanding debts and finally, fulfilling the duties of the Will and distributing the estate.

If you fear the executor is not fulfilling their tasks, distributing assets incorrectly, or neglecting to do their other duties, we can help you make a claim against them.

The court can also assist in removing them from their position as the executor and someone else, like one of our solicitors, may take over with the administration of the estate.

When there is no Will

Dealing with the estate of a loved one who died without leaving a valid Will can be difficult. We are here to guide you through the process and ensure you get the benefits you are entitled to. Intestacy occurs when a person dies without a Will. The ‘rules of intestacy’ specify who is entitled to inherit from an estate. These restrictions, however, may not completely represent the deceased’s preferences or personal ties.

If you are experiencing issues like disputes over who should oversee the estate’s administration, if the partner/child/dependent of the deceased has not been properly provided or cared for, or if any portion of the estate has been inherited by an estranged spouse, our solicitors can assist you in making a claim.

When there is nothing to back up a claim, like a Will, contesting probate can be difficult, especially if the estate is vast or complex. The rules of intestacy make no allowance for unmarried couples and do not take into consideration any verbal agreements previously made by the deceased during their lifetime.

The NJS team can assist you if you believe you have been wrongfully excluded from an inheritance or have not received the necessary provision.

We can help

Our Contentious Probate Specialist Team at NJS Law can guide and assist you in all the above circumstances, however complicated they may be.

With the extensive experience dealing with Contentious Probate matters, the NJS team are understanding and sympathetic to your situation and will help you every step of the way.

If you would like to discuss a matter or require some more information, please Contact NJS Law via phone or email to arrange a free no obligation consultation.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

03300 534 121
probate@njslaw.co.uk

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Categories
Council House Disrepair

Is Your Council Landlord Ignoring Your Disrepair?

April 2022

If you live in a Council Property it is their responsibility to provide a safe, secure, and well-maintained home. Therefore, the Council or Local Authority must repair any reported issues they are legally responsible for, especially if the conditions are affecting your health.

If you have complained and your Council Landlord is ignoring you and has not fixed the issue in a reasonable timeframe, NJS Law can give you the help you deserve by ensuring the repairs are completed.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

Average Compensation - £1,895
We work on a NO WIN NO FEE basis
to get your home put right and to get you compensated!

Furthermore, depending on the disrepair, the timeframe, and the severity of your case, you may be entitled to compensation. Our expert team at NJS Law can talk you through the process if your individual claim meets the requirements.

Which repairs are the Council responsible for?

You will first need to check your Tenancy Agreement to get an idea of what duties they have as your landlord. But generally, it is their role to repair the following:

● Damage to the interior and exterior structure of the home, for instance, the foundation, brickwork, walls, roof, guttering, and windows.
● Any leaks and causes of damp.
● Faults with your heating, radiators, gas, and electrics.

However, your Local Council can only make these repairs if you notify them of the problem. It is vital you keep a timeline of the disrepair, the correspondence between you and your landlord, and the ongoing impacts the disrepair has had on you- such as health issues, disruption to your day-to-day life, and impact on your mental health.

In addition, the costs of these repairs are their responsibility, meaning they are not allowed to pass any costs onto you. Unless you or your visitors have caused damage to the property, then it is your responsibility to arrange and pay for the repair.

Do I have a case?

If you have notified your Local Council and they are aware of the disrepair, but they have failed to act, you may be able to make a claim against them.

This is especially valid if they are slow to do the repair or have carried out an inspection but seemingly done nothing of action to rectify the disrepair. You can also make a claim if they have done the work to a low standard, and consequently, the issue is still ongoing.

Disrepairs like the ones mentioned above, impair the function of your home. You may not only feel inconvenienced but also unsafe. It can be a stressful situation to experience which is why our understanding team at NJS Law is here to help.

Next Steps…

Our Housing Disrepair Specialists have extensive experience with making claims against Councils and Local Authorities. They can ensure the crucial repairs are completed in the appropriate amount of time.

You may also be entitled to compensation if:

• The disrepair has caused you personal injury, from respiratory illness to physical harm.
• There is damage to your belongings.
• It has caused a significant inconvenience and/or emotional distress.

NJS Law operate on a No Win No Fee basis, so you have nothing to lose by contacting us today.

Contact NJS Law on 01625 667 166 or email disrepair@njslaw.co.uk

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