Month: July 2023

Personal Injury as a Passenger – How to Make a Claim

Post author By mcpicadofelipe
Post date 19 July 2023

July 2023

July 19, 2023

Few of us think about the trust we place in the driver of a vehicle we are travelling in. Whether it’s a taxi, bus, airport transfer, or a friend behind the wheel, we usually assume we’ll arrive safely. Unfortunately, statistics show that road traffic accidents (RTAs) are common, and passengers are often the victims.

Latest 2021 statistics show:

25,892 people were seriously injured, and
1,558 lost their lives in RTAs.
Most of these accidents involved motor vehicles, with 34 incidents involving buses and coaches.

If you suffer moderate to severe injuries as a passenger, you may be able to make a personal injury claim. This guide explains what you need to know. And, our Personal Injury Solicitors are always available to discuss your case directly.

How Do Road Traffic Accidents Happen?

RTAs can occur in seconds. Research shows that 38% of accidents happen because the driver failed to look properly. Other common causes include:

Failing to judge vehicle speed
Careless, reckless, or hurried driving
Poor turns or manoeuvres
Loss of control
Pedestrians not looking properly
Slippery road conditions
Driving too fast for the conditions
Excessive speed
Sudden braking

The Impact of Speed on Passenger Injuries

Even small increases in vehicle speed can significantly raise the risk of serious injury. Head-on, side, front, and rear impacts can all result in severe trauma to passengers, especially when they have no warning that a collision is imminent.

If you’re unsure whether you have a claim, visit our page on road traffic accident claims.

What Types of Injuries Do Car Accidents Cause?

Passenger injuries generally fall into two categories.

Impact Injuries

These occur when the force of a collision throws the body into parts of the vehicle. Even a 30 mph crash with a stationary object can cause:

Closed head injuries
Whiplash
Internal injuries or bleeding
Broken ribs and organ damage

Learn more about common injuries on our serious injury claims page.

Penetrating Injuries

These occur when an object pierces or cuts the body, often due to:

Shattered glass
Detached vehicle parts
Crushing or folding of the vehicle cabin

These may result in deep wounds, fractures, facial injuries, and in severe cases, amputations.

What Should I Do If I'm a Passenger Injured in a Car Accident?

If you suffer serious injuries, seek immediate medical assistance. After that, you or a family member should contact a Personal Injury Solicitor as soon as possible.

The Rehabilitation Code

Your solicitor may use the Rehabilitation Code, which encourages collaboration between both sides to ensure early access to treatment, physiotherapy, mental health support, and other essential rehabilitation services.

Will I Have to Go to Court?

Most RTA passenger injury claims are settled without going to court. Liability is usually determined using:

Police reports
Medical evidence
Accident circumstances

Disputes often arise over the value of compensation, not fault. In such cases, your solicitor may arrange an expert medical report to assess long-term needs. You can read more on our compensation and damages page.

Conclusion

Being injured as a passenger can have life-changing effects – but legal support can help you secure the compensation needed for treatment, recovery, and future support.

Our specialist Personal Injury Solicitors have decades of experience representing injured passengers. We provide compassionate, expert guidance every step of the way.

CONTACT US

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

Ask NJS Law

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

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags Personal Injury, road traffic accident

Accident at Work

Claim For Work Accident: The Ultimate Guide

Post author By mcpicadofelipe
Post date 14 July 2023

July 2023

July 14, 2023

Most of us take for granted that we will return home safely from work at the end of the day. Unfortunately, this is not always the case. According to Health and Safety Executive (HSE) figures for 2021/22, over 565,000 workers sustained an injury at work, and tragically, 135 workers lost their lives due to workplace accidents.

If you have been injured at work, claiming compensation is often essential. It can help cover lost earnings, household bills, and the cost of private medical treatment or rehabilitation to support your recovery. In this comprehensive guide, we explain how to make a workplace personal injury claim, what steps to take after an accident, and how an experienced Personal Injury Solicitor can significantly improve your chances of success.

Why Claim Compensation for a Workplace Injury?

A workplace injury can have serious physical, emotional, and financial consequences. Compensation can help to:

Replace lost income if you are unable to work
Fund private medical treatment or rehabilitation
Cover ongoing care and support costs
Provide financial security for you and your family

An experienced Workplace Injury Solicitor can assess your case, gather evidence, and pursue a claim against your employer where health and safety failures have occurred.

What Are the Most Common Types of Workplace Injuries?

Workplace injuries range from minor accidents to life-changing and catastrophic injuries. Below are some of the most common types of injuries at work.

Slips, Trips, and Falls at Work

Wet floors, uneven surfaces, poor lighting, and cluttered walkways can cause injuries such as sprains, fractures, back injuries, and head injuries.

Overexertion and Manual Handling Injuries

Often caused by repetitive movements or lifting heavy objects, particularly in manual labour roles. These injuries commonly include muscle strains, ligament damage, and hernias.

Injuries Caused by Falling Objects

Common in warehouses, construction sites, and agricultural settings. Without proper risk assessments, falling objects can cause concussions, crushed limbs, or severe brain injuries.

Machinery and Equipment Accidents

Operating heavy machinery can result in entanglement injuries, crush injuries, deep lacerations, or amputations where proper safeguards are not in place.

Being Hit by Moving Vehicles at Work

Forklifts, delivery vehicles, or site traffic can cause serious injuries, including broken bones, whiplash, and traumatic brain injuries.

Repetitive Strain Injury (RSI)

Frequently affects office workers and factory employees who perform repetitive movements over long periods, particularly keyboard and assembly-line work.

Burns and Scalds in the Workplace

Exposure to flames, hot surfaces, chemicals, or electricity can cause severe burns, long-term pain, scarring, and permanent disfigurement.

Noise-Induced Hearing Loss

Prolonged exposure to loud noise in industries such as construction, manufacturing, aviation, and agriculture can lead to permanent hearing damage.

What Should I Do After an Accident at Work?

Taking the correct steps following a workplace accident can greatly improve your chances of a successful compensation claim.

Seek Medical Attention Immediately

Your health is the priority. Medical treatment not only protects your wellbeing but also creates an official medical record linking to your injuries to the accident.

Report the Accident to Your Employer

Employers with ten or more employees must record workplace accidents and keep records for at least three years. Ensure the incident is properly logged and request a copy.

Gather Evidence of the Accident

If possible:

Take photographs of the accident scene and any hazards
Obtain witness contact details and statements
Write down exactly what happened while it is still fresh in your memory

Keep Records of Financial Losses

Maintain evidence of:

Medical and rehabilitation expenses
Travel costs for treatment
Lost earnings and reduced future income
Home or vehicle adaptations

These records will help your Solicitor accurately calculate your compensation.

Why Instruct a Workplace Injury Solicitor?

Choosing the right Personal Injury Solicitor can significantly impact your claim. An experienced Solicitor will:

Investigate employer negligence
Obtain medical and expert evidence
Handle negotiations with insurers
Represent you in court if necessary

Thy will also advise you on time limits. Under the Limitation act 1980, most workplace injury claims must be made within three years of the accident date. However, exceptions may apply, particularly where symptoms develop later.

Even if you believe you may be out of time, a Solicitor may be able to argue that the Court should exercise discretion and allow your claim to proceed.

How Are Legal Fees Paid in a Workplace Injury Claim?

Most workplace injury claims are funded through a No Win, No Fee agreement. This means:

You do not pay legal fees if your claim is unsuccessful
Fees are only payable if your claim succeeds
You may be responsible for certain disbursements, which will be explained clearly in advance.

Can My Employer Dismiss Me for Making a Claim?

No. It is unlawful for an employer to dismiss you for making a legitimate personal injury claim. If this occurs, you may also have a claim for unfair dismissal through the Employment Tribunal.

Employers are legally required to hold Employer’s Liability Insurance (minimum £5 million). This insurance covers compensation claims, meaning you are not putting your employer’s business or personal finances at risk.

Workplace Injury Claims - Final Thoughts

Making a claim for a workplace injury can feel overwhelming, especially when you are trying to recover physically and emotionally. However, with the support of an experienced Personal Injury Solicitor, you can focus on your health while your legal team handles the process for you.

Our team has decades of combined experience in workplace and personal injury claims.

NJS Law Personal Injury Specialists are compassionate, approachable, and committed to achieving the best possible outcome for you.

Free, No Obligation Consultation

If you have been injured at work and would like advice, please contact us today to arrange a free, no obligation consultation. We are available by phone or email and are here to help.

CONTACT US

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

Ask NJS Law

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

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags accident at work claims, Personal Injury

Personal Injury

A Comprehensive Guide to Personal Injury Claims

Post author By mcpicadofelipe
Post date 6 July 2023

July 2023

July 6, 2023

Accidents happen, and unfortunately, they can result in injuries that have a significant impact on our lives. When someone else’s negligence causes harm, individuals have the right to seek compensation through personal injury claims. In this article, we will explore the key aspects of personal injury claims, including the legal process, types of claims, and important considerations for those seeking justice.

Understanding Personal Injury Claims

A personal injury claim is a legal process that allows individuals who have suffered injuries due to someone else’s negligence to seek financial compensation for their losses. These claims are designed to help victims recover physically, emotionally, and financially from their injuries.

Common Types of Personal Injury Claims

There are various types of personal injury claims that can arise from different circumstances. Some common examples include:

Road Traffic Accidents: These claims are related to injuries sustained in car accidents, motorcycle accidents, cycling accidents, or pedestrian accidents caused by the negligence of another party.
Workplace Accidents: When employees suffer injuries at work due to unsafe conditions, inadequate training, or faulty equipment, they may be eligible to make a personal injury claim against their employer.
Public & Occupier Liability Claims: These claims arise when injuries occur in public places such as parks, shopping centres, or sidewalks due to poor maintenance or negligence on the part of property owners.
Serious Injury Claims: Serious injuries, often referred to as catastrophic injuries are those that have a significant and long-term impact on the life of the injured person and their family. Such injuries can include brain and spinal cord injuries, as well as amputations, serious burns, serious medical injuries and fatal accidents.

If you have been injured due to someone else's fault protect your rights and pursue the injury compensation you deserve.

CONTACT NOW

The Legal Process

1. Consultation with a Solicitor: To initiate a personal injury claim, it is desirable to consult with a specialist personal injury solicitor who can evaluate your case and guide you through the claiming compensation process.

2. Gathering Evidence: Your solicitor will help you gather evidence to support your claim, including medical records, accident reports, witness statements, and any other relevant documentation.

3. Letter of Claim: Once sufficient evidence has been gathered, your solicitor will draft a formal letter of claim to the party responsible for your injuries, outlining the details of the incident, the injuries sustained, and the financial losses incurred.

4. Negotiations and Settlement: The defendant’s insurance company will respond to the letter of claim. Negotiations may take place to reach a fair settlement amount that adequately compensates for your losses. If an agreement is reached, your claim will be settled without going to court.

5. Court Proceedings: In the event that a settlement cannot be reached, court proceedings may be initiated. Your solicitor will guide you through the litigation process, representing your interests and presenting your case to the court.

Important Considerations

Time Limits: There is a strict time limit for making personal injury claims. In most cases, you have three years from the date of the incident to file a claim. However, exceptions exist, such as claims involving children.
Win, No Fee: No win-no fee agreements are often referred to as Conditional Fee Agreements (CFAs). Essentially, this means that if you lose your case, you will not have to pay your legal fees. However, depending on the contract you have with your Solicitor, you may need to pay for expenses associated with your case. These are referred to as disbursements.
Compensation: The amount of compensation awarded varies depending on the severity of the injuries, financial losses incurred, and other factors. Compensation can cover medical expenses, loss of earnings, rehabilitation costs, pain, and suffering, among other damages.

Conclusion

Personal injury claims are designed to provide individuals with a legal route to seek compensation when they suffer injuries due to someone else’s negligence. By understanding the legal process, seeking professional advice victims can navigate the claims process more effectively.

If you have been injured due to someone else’s fault, consulting with a personal injury solicitor is crucial in order to protect your rights and pursue the injury compensation you deserve.

Our team has decades of combined experience in dealing with 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.

CONTACT US

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

Ask NJS Law

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

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags occupier liability, Personal Injury, public liability

Damp & Mould Disrepair

Takeaways from New Report into Damp and Mould in Social Housing

Post author By mcpicadofelipe
Post date 4 July 2023

July 2023

July 4, 2023

On 28th June 2023, the Regulator of Social Housing (RSH) published a report on damp and mould in social housing. The report followed the tragic death of two-year-old Awaab Ishak in Rochdale, where prolonged exposure to damp and mould in his home was found to have contributed to his death.

The RSH report highlights the scale of the problem in the sector, how social housing providers are responding, and what improvements are needed to protect tenants.

Focus of the RSH Report

Following the Coroner’s report, the RSH asked all large registered social housing providers to submit evidence about damp and mould in their properties and how they are tackling it. Key findings from 386 responses include:

Most providers are aware of damp and mould and are taking steps to address it, but more could be done
A majority of tenants live in homes free from damp and mould, but where present, it can negatively affect health and wellbeing
Some landlords submitted poor-quality responses, raising concerns about their commitment to tackling the issue

The RSH estimates that:

Less than 0.2% of social homes have the most serious damp and mould problems
1-2% have serious problems
3-4% have notable damp and mould

Eight local authority landlords provided particularly poor responses, lacking up-to-date stock data, clear processes for addressing damp, and the ability to identify affected homes. These landlords are now engaging with the RSH.

Since the Coroner’s report, the RSH has received:

12 self-referrals from landlords for potential breaches of the Home Standard
38 referrals from other sources

The Home Standard sets expectations for social housing providers to deliver safe, high-quality homes and effective repair services.

Why Some Social Housing Providers Struggle

The social housing sector faces multiple challenges, including:

Insufficient staff
Budget cuts
Rising costs

However, the Better Social Housing Review (2022) highlighted that providers need to improve data use and performance management. Many tenants still face delays in repairs because:

Housing officers are over-stretched
Tenants are sometimes unfairly blamed for damp caused by everyday activities like drying clothes indoors
Providers do not always proactively collect or act on housing condition data

The review urged housing associations to ask difficult questions about the quality of homes and services provided, to ensure real progress.

Recommendations to Improve Damp and Mould Management

Key recommendations from the Better Social Housing Review include:

Re-evaluate housing associations’ core purpose: providing safe, decent homes.
Conduct a full audit of social housing stock
Engage tenants, frontline staff, and contractors to review maintenance processes
Recruit and retain housing officers to reduce “patch sizes”
Empower tenants to lead investigations and reviews
Increase engagement through community hubs
Conduct annual progress reviews of the review’s recommendations

Alongside these recommendations, the sector is awaiting the Social Housing (Regulation) Bill 2022-23, which will strengthen regulatory powers and enforcement.

Protecting Your Rights as a Tenant

If you live in a social housing property affected by damp or mould, it is vital to contact a Housing Disrepair Solicitor immediately. They can assess your situation and take steps to compel your landlord to make your home safe and habitable.

How NJS Law Can Help with Damp and Mould Repairs

NJS Law is one of the few housing disrepair solicitors in England and Wales with a dedicated legal team experienced in social housing cases. We can help you:

Instruct a surveyor to assess your property and provide evidence
Legally ensure your housing association or council completes all necessary repairs
Claim compensation for the time your property has been in disrepair

We work on a No Win No Fee basis, assisting tenants nationwide to secure repairs and compensation. With decades of experience, our team is sympathetic, understanding, and supportive, guiding you every step of the way.

Contact NJS Law today to discuss your claim for damp and mould repairs.

Ask NJS Law

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

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags council house disrepair, damp and mould disrepair, housing association disrepair, Housing Disrepair, housing disrepair claims, social housing disrepair

Housing Disrepair Claims

Housing Disrepair Claim vs Housing Ombudsman Complaint

Post author By mcpicadofelipe
Post date 3 July 2023

Tags council house disrepair, damp and mould disrepair, housing association disrepair, Housing Disrepair, housing disrepair claims, social housing disrepair

July 2023

How Do Road Traffic Accidents Happen?

The Impact of Speed on Passenger Injuries

What Types of Injuries Do Car Accidents Cause?

Impact Injuries

Penetrating Injuries

What Should I Do If I'm a Passenger Injured in a Car Accident?

The Rehabilitation Code

Will I Have to Go to Court?

Conclusion

CONTACT US

Ask NJS Law

FAQ

July 2023

Why Claim Compensation for a Workplace Injury?

What Are the Most Common Types of Workplace Injuries?

Slips, Trips, and Falls at Work

Overexertion and Manual Handling Injuries

Injuries Caused by Falling Objects

Machinery and Equipment Accidents

Being Hit by Moving Vehicles at Work

Repetitive Strain Injury (RSI)

Burns and Scalds in the Workplace

Noise-Induced Hearing Loss

What Should I Do After an Accident at Work?

Seek Medical Attention Immediately

Report the Accident to Your Employer

Gather Evidence of the Accident

Keep Records of Financial Losses

Why Instruct a Workplace Injury Solicitor?

How Are Legal Fees Paid in a Workplace Injury Claim?

Can My Employer Dismiss Me for Making a Claim?

Workplace Injury Claims - Final Thoughts

Free, No Obligation Consultation

CONTACT US

Ask NJS Law

FAQ

July 2023

Understanding Personal Injury Claims

Common Types of Personal Injury Claims

The Legal Process

Important Considerations

Conclusion

CONTACT US

Ask NJS Law

FAQ

July 2023

Focus of the RSH Report

Why Some Social Housing Providers Struggle

Recommendations to Improve Damp and Mould Management

Protecting Your Rights as a Tenant

How NJS Law Can Help with Damp and Mould Repairs

Ask NJS Law

FAQ

July 2023

What is a Housing Disrepair Claim?

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 is a Housing Ombudsman Complaint?

Which Option is Right for You?

Conclusion

Ask NJS Law

FAQ

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to get your home put right and to get you compensated!