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Leaky brake fluid, which employer chose to ignore, causes worker to crash into wall. He has been compensated £9,000 for his injuries.        Woman develops sepsis following her midwife's negligent care and is paid £5,000 as a result.        Pedestrian seriously injured after being hit by uber driver has been compensated £4,000.        Man compensated £3,000 after his employer's negligence causes him to fall down the stairs.        

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Month: May 2023

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Housing Association Disrepair

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

May 2023

HDR Case: Mrs Tuner

Mrs Tuner, who lives in the Borough of Hastings in East Sussex, brought a claim against their social housing landlord Southern Housing at the start of July 2022.

Description of the case:

Since 2017 the Claimant experienced issues with water ingress through the roof, resulting in water damage and damp. The Claimant reported the issues to the Housing Association multiple times. The Housing Association sent approximately 3 workers out in total to inspect it over the years, but unfortunately nothing was done until Mrs Turner contacted the Nicholson Jones Sutton Solicitors housing disrepair team.

The Claimant was successfully compensated in the sum of £7,500 by the landlord. This settlement was reached within 6 months of the Letter of Claim being sent to the landlord.

Claim for Housing Disrepair

As a tenant you have the legal right to live in a safe and suitable property and free from any issues of housing disrepair.

Your Council or Housing Association has a legal obligation to repair your property and maintain it to a reasonable standard.

If you are living in disrepair, you have reported it and your Council or Housing Association have failed to fix them for you, you may be due COMPENSATION and a rent refund.

How we can help you to claim for housing disrepair

Our Housing Disrepair Team of Experts can help you with the following aspects:

  • Instruct a surveyor to assess the disrepair and provide a report to use as evidence.
  • If necessary legally ensure your housing association or council completes all your repairs.
  • Claim compensation for you for the period of time your property has been in disrepair.

At NJS Law are housing disrepair claim experts, assisting tenants nationwide on a NO WIN NO FEE basis to compel their council or Housing Association to conduct crucial repairs to their properties, in addition to recovering compensation for the period of time repairs have been delayed.

Our team has decades of combined experience in dealing with Housing Disrepair Claims. We are sympathetic, understanding, and are here to help you every step of the way.

Contact us today to discuss your claim.

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Categories
Personal Injury

How Much Is My PI Claim Worth? by Rachel Hughes

May 2023

Since the whiplash reforms were implemented on 31st May 2021, the compensation payable to Claimants who suffer whiplash injuries, as the driver or passenger of a motor vehicle, is governed by a tariff, which ranges from £240.00 for an injury lasting not more than 3 months up to £4215 for an injury lasting up to 24 months; a significant reduction in the compensation previously recovered for such injuries. Vulnerable road users, such as pedestrians, cyclists or motorcyclists are exempt, and not compensated by reference to the tariff.

Furthermore, minor psychological injuries, such as travel anxiety, also fall within the tariff and result in Claimants being awarded only a nominal additional on top of the award for their whiplash injuries.

However, recent guidance from the Court of Appeal confirms that if a Claimant also suffers a non-whiplash injury, for example an injury to the knee, elbow, hip, an award of compensation, not limited to the tariff is made, and the Claimant’s compensation is increased.

Our team has decades of combined experience in dealing with Personal Injury Claims. 

Our NJS Law Personal 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. We’re available by email or phone.

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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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For fast, friendly affordable legal advice. Contact a member of our team today.

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FAQ

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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”.

Claim Now

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

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

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FAQ

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