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Pedestrian hit by car whilst crossing road. She has been paid £10,000 for her injuries.        Support worker, who was assaulted at work, has been awarded £8,000 following the incident.        Motorcyclist compensated £27,500 after he was hit by third party vehicle unexpectedly swerving into him.        Worker receives £25,000 in compensation after hurting back trying to lift crate of water.        

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Month: May 2023

Categories
Housing Association Disrepair

Housing Tenant Awarded £7,500 in Compensation for Housing Disrepair

May 2023

Tis housing disrepair case study shows how tenants can successfully claim compensation when a landlord fails to carry out essential repairs.

Mrs Turner, a social housing tenant living in the Borough of Hastings, East Sussex, brought a claim against her landlord, Southern Housing, after years of unresolved disrepair in her home.

Housing Disrepair Claim Overview

Mrs Turner experienced water ingress through the roof from as early as 2017. Over time, this caused:

  • Damp and mould
  • Water damage
  • Deterioration of living conditions

Despite repeatedly reporting the problem, the housing association failed to carry out effective repairs.

Failure by the Housing Association

Over several years, the landlord sent approximately three contractors to inspect the property. However:

  • No meaningful repairs were completed
  • The source of the water ingress was not resolved
  • The disrepair continued to worsen

It was only after Mrs Turner contacted NJS Law’s Housing Disrepair team that decisive legal action was taken.

Successful Outcome: £7,500 Compensation

After a Letter of Claim was sent to Southern Housing in July 2022, the matter progressed quickly.

  • The claim was resolved within six months
  • Mrs Turner received £7,500 in compensation
  • The landlord accepted responsibility for the prolonged disrepair

This case highlights how effective representation can lead to swift and fair outcomes for tenants.

Your Rights as a Tenant

As a tenant, you have the legal right to live in a safe, secure, and habitable property.

Your Council or Housing Association has a legal duty to:

  • Maintain your home to a reasonable standard
  • Repair reported defects within a reasonable timeframe

If disrepair is ignored after being reported, you may be entitled to:

  • Compensation
  • A rent refund
  • An order forcing your landlord to complete repairs

How We Can Help You Claim for Housing Disrepair

Our experienced Housing Disrepair team can help by:

  • Instructing a qualified surveyor to assess the disrepair
  • Legally compelling your landlord to complete repairs
  • Claiming compensation for the period your home was in disrepair

We handle the legal process so you don’t have to.

Why Choose NJS Law?

NJS Law are housing disrepair claim experts, helping tenants across England and Wales.

  • No Win No Fee funding available
  • Decades of combined experience
  • Compassionate, tenant-focused support

We are here to help you every step of the way.

Speak to Us Today

If you are living in housing disrepair and your landlord has failed to act, contact us today for a free, no obligation consultation.

We’ll explain your rights clearly and help you claim the repairs and compensation you deserve.

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Categories
Personal Injury

How Much Is My PI Claim Worth? by Rachel Hughes

May 2023

Since the whiplash reforms came into force on 31 May 2021, the way compensation is calculated for whiplash injuries has changed significantly. These reforms apply to claimants who suffer whiplash injuries as a driver or passenger in a motor vehicle.

Under the new rules, compensation is determined by a fixed tariff, which has reduced the level of damages previously awarded for these injuries.

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How the Whiplash Tariff Works

The whiplash tariff sets compensation amounts based on the duration of symptoms rather than individual circumstances. Current tariff awards range from:

  • £240 for whiplash injuries lasting up to 3 months
  • £4,215 for whiplash injuries lasting up to 24 months

As a result, many claimants now receive significantly lower compensation than they would have before the reforms were introduced.

Psychological Injuries and Whiplash Claims

In addition to physical symptoms, minor psychological injuries, such as travel anxiety, are also included within the whiplash tariff. This means that claimants usually receive only a small additional sum on top of their whiplash award, rather than separate compensation.

Who Is Exempt from the Whiplash Tariff?

Importantly, the whiplash tariff does not apply to vulnerable road users. This includes:

  • Pedestrians
  • Cyclists
  • Motorcyclists

These claimants are assessed under traditional personal injury principles and are not restricted by the tariff when claiming compensation.

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What If You Have a Non-Whiplash Injury?

Recent Court of Appeal guidance has confirmed an important exception to the tariff system. If a claimant suffers a non-whiplash injury in addition to whiplash, compensation is not limited to the tariff alone.

Examples of non-whiplash injuries include:

  • Knee injuries
  • Elbow injuries
  • Hip injuries

In these cases, the claimant may receive additional compensation, which can significantly increase the overall value of the claim.

How NJS Law Can Help

Our team has decades of combined experience handling personal injury and whiplash claims. We understand the complexities of the whiplash reforms and how recent legal developments may affect your compensation.

The NJS Law Personal Injury Specialists are sympathetic, knowledgeable, and committed to achieving the best possible outcome for every client.

If you would like to discuss your situation, please get in touch today to arrange a free, no-obligation consultation. We are available by phone or email.

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Categories
Motorbike Accident

Understanding Motorcycle Accident Claims: Seeking Compensation and Justice

May 2023

Motorcycle accidents can be devastating, often resulting in severe injuries and significant financial losses for the victims. When these accidents occur due to the negligence or fault of another party, pursuing a motorcycle accident claim becomes crucial. In this article, we will explore the key aspects of motorcycle accident claims, including the legal process, types of compensation available, and steps victims can take to protect their rights and seek the justice they deserve.

1. Gathering Evidence

In any motorcycle accident claim, the strength of evidence plays a vital role. Immediately after the accident, if possible, gather evidence to support your claim. This may include photographs of the accident scene, damaged vehicles, and injuries sustained. Eyewitness statements, police reports, medical records, and any available video footage can also provide valuable evidence to establish liability.

2. Seeking Medical Attention

Even if you believe your injuries are minor, seeking immediate medical attention after a motorcycle accident is crucial for your health and your claim. Some injuries may not exhibit immediate symptoms but can worsen over time. Prompt medical evaluation ensures proper diagnosis, treatment, and documentation of injuries, which are essential for substantiating your claim.

3. Contacting a Lawyer

Engaging the services of an experienced motorcycle accident solicitor can significantly enhance your chances of a successful claim. A knowledgeable lawyer can guide you through the legal process, protect your rights, and fight for the compensation you deserve. They will analyse your case, gather evidence, negotiate with insurance companies, and, if necessary, represent you in court.

4. Determining Liability

Establishing liability is a critical component of any motorcycle accident claim. To prove negligence, you must demonstrate that the other party breached their duty of care, directly causing the accident and your injuries. This could include instances such as distracted driving, speeding, failure to give away, or driving under the influence. Your lawyer will thoroughly investigate the circumstances surrounding the accident to build a strong case.

5. Types of Compensation

Motorcycle accident victims may be entitled to various types of compensation, depending on the circumstances of the case. These may include:

a. Medical expenses: Coverage for past and future medical bills, including hospitalization, surgeries, medications, therapy, and rehabilitation.

b. Lost wages: Compensation for the income lost during recovery and potential future earning capacity if the injuries result in long-term disability.

c. Pain and suffering: Damages for physical pain, emotional distress, and loss of enjoyment of life resulting from the accident.

d. Property damage: Reimbursement for the repair or replacement of your damaged motorcycle, protective gear, and personal belongings.

e. Punitive damages: In cases involving gross negligence or intentional misconduct, additional punitive damages may be awarded to punish the responsible party.

6. Insurance Companies and Settlements

Insurance companies are typically involved in motorcycle accident claims. However, it’s essential to remember that their primary goal is to minimize their financial liability. They may attempt to offer a quick settlement that may not fully cover your losses. Consulting with a solicitor before accepting any settlement offer is crucial to ensure you receive fair compensation for your injuries and damages.

7. Statute of Limitations

It’s important to be aware of the statute of limitations for filing a motorcycle accident claim in your jurisdiction. This refers to the timeframe within which legal action must be initiated. Failing to file a claim within the specified time limit can result in the loss of your right to seek compensation. Consulting with an solicitor promptly after the accident can help you understand and comply with the applicable deadlines.

Conclusion

Motorcycle accidents can have long-lasting physical, emotional, and financial consequences. By understanding the process of pursuing a motorcycle accident claim and seeking the assistance of a skilled lawyer, victims can navigate the legal system with confidence and protecting their rights.

Our team has decades of combined experience in successfully advising and representing clients in personal injury cases resulting from motorbikes accidents. We are sympathetic and understanding and are here to help you every step of the way.

Call us on 01 625 667166 or email us today to discuss your claim.

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Categories
Public Liability

Who Is Liable For Slip, Trip, Or Fall Injuries?

May 2023

Picture this: you’re walking home from work along a public footpath, listening to music or an audiobook, when suddenly your foot catches on a raised paving slab. The next thing you know, you’re on the ground, surrounded by concerned strangers. You’re injured, you arm is fractured, and the consequences are serious: surgery, months off work, lost income, medical expenses, and ongoing pain.

Or perhaps you slipped on a wet shop floor in a supermarket or franchise store and suffered a severe back injury.

In both situations, the question is the same:

Who do I sue for personal injury compensation?

Who Is Responsible for My Injury?

The answer depends on who owed you a duty of care at the time of the accident.

To succeed in a personal injury claim, you must prove, on the balance of probabilities, that:

  1. The Defendant owed you a duty of care
  2. They breached that duty
  3. The breach caused your injury and losses

This applies to claims involving slips, trips, falls, accidents in public places, workplaces, shops, and on pavements.

What Is a Duty of Care?

A duty of care can arise under:

  • Statute (legislation), or
  • Common law, developed by the courts

For example, employers owe a statutory duty under the Health and Safety at Work etc. Act 1974 to protect employees’ health and safety.

For public places and visitor accidents, the most relevant legislation is the Occupiers’ Liability Act 1957.

Occupiers' Liability Act 1957 Explained

The Occupiers’ Liability Act 1957 governs accidents involving visitors to premises.

What Does the Act Say?

Section 2(2) of the Act states that an occupier must:

“Take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted to be there.”

Who Is an "Occupier"?

An occupier is an person or organisation with control over premises, including:

  • Businesses and shop owners
  • Landlords
  • Local authorities and councils
  • Property management companies

Crucially, the occupier does not need to own or live at the premises. This means a claim may be brought against a landlord, company, or council depending on who controlled the area where the accident occurred.

“Premises” can include:

  • Buildings
  • Pavements and parks
  • Vehicles and vessels
  • Public spaces

Case Law Example: Lewis v Wandsworth LBC

In Lewis v Wandsworth London Borough Council (2020) EWHC 3205 (QB), a claimant was struck by a cricket ball while walking through a public park.

Although the claim ultimately failed on appeal, the High Court confirmed that the local authority owed a duty of care under the Occupiers’ Liability Act 1957, demonstrating how broadly the Act can apply.

Can Warning Signs Prevent Liability?

Yes, sometimes.

Occupiers may discharge their duty of care by adequately warning visitors of hazards, such as:

  • “Caution: Wet Floor” signs
  • Barriers around uneven surfaces

In some cases, liability may also be avoided if a visitor voluntarily accepts the risk, such as entering a clearly marked construction site.

However, warnings must be clear, visible, and provided before the accident occurs.

Duty of Care at Common Law

Where legislation does not apply, courts rely on common law principles.

Donoghue v Stevenson (1932)

This landmark case established the modern concept of duty of care. Lord Atkin introduced the “neighbour principle”, requiring people to take reasonable care to avoid foreseeable harm to others.

The Caparo Test

Today, courts typically apply the three-stage Caparo test to determine whether a duty of care exists:

  • Was the damage reasonably foreseeable?
  • Was there a sufficiently close relationship between the parties?
  • Is it fair, just, and reasonable to impose a duty of care?

This remains the standard legal test in personal injury claims.

Who Pays Compensation in Personal Injury Claims?

Most businesses and local authorities hold public liability insurance.

This means that once the responsible party is identified, it is usually their insurer – not the individual or council directly – who pays compensation and legal costs.

Why Legal Advice Matters

Identifying who owed you a duty of care after a slip, trip, or fall can be complex, particularly where multiple parties are involved.

Under the Limitation Act 1980, most personal injury claims must be started within three years of the accident. Acting quickly is essential.

An experienced personal injury solicitor will:

  • Identify the correct Defendant
  • Secure evidence before it is lost
  • Establish whether a duty of care was breached
  • Maximise your compensation

How We Can Help

Our personal injury team has decades of combined experience handling claims arising from slips, trips, and falls in public places and workplaces.

We are:

  • Sympathetic and approachable
  • Clear and honest in our advice
  • Committed to achieving the best outcome for you

Call us on 01625 667166

Or email us today for a confidential discussion

We’re here to help you every step of the way.

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Categories
Dental Negligence

The Importance of Time Limit in a Dental Negligence Claim by Nichola Johnson

May 2023

If you are considering making a dental negligence claim, it is important to understand the strict time limits that apply.

In most cases, you have three years to bring a dental negligence claim. This time limit usually runs from either:

  • The date the negligent dental treatment took place, or
  • The date you first became aware that you had received negligent treatment

This is known as the “date of knowledge”.

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Are There Any Exceptions?

Yes, there are some important exceptions to the three-year rule. For example, if the person affected is under the age of 18, the three-year time limit does not begin until their 18th birthday. As a result, they usually have until their 21st birthday to start a claim.

Because every case is different, it is essential to seek advice as early as possible.

Why Acting Quickly Matters

Failing to bring a claim within the legal time limit can result in your claim being time-barred. This means you may lose the right to pursue compensation altogether, regardless of how strong your case may be.

Speaking to an experienced Dental Negligence Solicitor early ensures your claim is assessed properly and within the correct timeframe.

How NJS Law Can Help

Our NJS Law Dental Negligence specialists will take the time to understand your situation. We will explain your legal options clearly and support you in pursuing the compensation you deserve.

CONTACT US

Get in touch using the form below or via the following methods:

0800 6525 656
medical@njslaw.co.uk

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Categories
Cycling Accident

Lives Changed Forever – Catastrophic Brain Injury Following A Cycling Accident

May 2023

In February, newsreader and Strictly Come Dancing contestant Dan Walker suffered concussion and facial injuries after being knocked off his bike by a car. Fortunately, he made a full recovery, despite having no memory of the impact.

Sadly, not all cyclists are so fortunate.

Between 2016 and 2021, an average of two cyclists were killed and 84 were seriously injured every week. Data shows that in cycling accidents, over 40% of adults and 45% of children admitted to hospital suffer head injuries.

According to ROSPA, more than 70% of cyclist fatalities in London involved moderate or severe head injuries. On rural roads, this figure rises to over 80%.

Why Traumatic Brain Injuries Are So Serious

A traumatic brain injury (TBI) can cause lifelong complications, even when the initial injury appears mild.

Compensation is often essential to:

  • Cover loss of income if the injured person cannot work
  • Access urgent rehabilitation
  • Fund long-term care and specialist accommodation in severe cases

Early access to rehabilitation can significantly improve long-term outcomes.

What Is a Traumatic Brain Injury?

It does not take a major impact to cause a TBI.

Research by Cambridge University found that 45% of patients experienced symptoms such as:

  • Fatigue
  • Poor concentration
  • Depression

These are symptoms persisted six months or more after a concussion.

How TBIs Occur in Cycling Accidents

When a cyclist’s head strikes a hard surface, such as the road or a vehicle, the brain can move violently inside the skull. this movement can twist and tear nerve fibres.

Additional damage may occur due to:

  • Bleeding inside the brain
  • Swelling and blood clots
  • Lack of oxygen if the cyclist is unconscious or choking

These secondary injuries often develop hours or days after the accident, making TBIs particularly dangerous.

Do Cycle Helmets Protect Against Traumatic Brain Injury?

The debate around cycle helmets continues in the UK. However, medical evidence strongly supports helmet use.

A 2019 study published in the British Medical Journal concluded that:

  • Severe TBIs are significantly more common in cyclists not wearing helmets
  • Skull fractures and brain bleeds are at least three times more likely without a helmet
  • Helmeted cyclists experienced fewer facial injuries, reduced loss of consciousness, and lower rates of ICU admission

Studies from countries such as the Netherlands support these findings.

In short, helmets provide meaningful protection against traumatic brain injuries.

Can I Claim Compensation for a TBI After a Cycling Accident?

You may be able to claim compensation if you can show that another party was negligent. This could include:

  • A driver
  • Another cyclist
  • A local authority (for potholes or road defects)

To establish negligence, you must prove:

  • A duty of care was owed to you
  • That duty was breached
  • The breach caused your injury

Building a Strong TBI Compensation Claim

TBI claims can be complex. A specialist solicitor will:

  • Review medical records
  • Investigate the accident scene
  • Instruct expert witnesses
  • Assess long-term prognosis and care needs

Expert evidence is often crucial in proving how the injury occurred and what support will be required in the future.

Why Specialist Legal Support Matters

Traumatic brain injury claims arising from cycling accidents are among the most complex personal injury cases.

You need a solicitor who is:

  • Compassionate and supportive
  • Highly experienced in TBI claims
  • Determined to secure rehabilitation and long-term compensation

Although these cases can take time, an experienced solicitor will manage the legal process and organise rehabilitation so you can focus on recovery.

Speak to Our Cycling TBI Claims Specialists

Our team has decades of combined experience representing clients in traumatic brain injury claims following cycling accidents.

We are sympathetic, understanding, and committed to supporting you and your family every step of the way.

Call us on 01625 667166

Or email us today to arrange a free, no obligation consultation

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