Categories
Road Traffic Accident

Personal Injury as a Passenger – How to Make a Claim

July 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:

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FAQ

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Categories
Accident at Work

Claim For Work Accident: The Ultimate Guide

July 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.

Categories
Personal Injury

A Comprehensive Guide to Personal Injury Claims

July 2023

Accidents can happen at any time. Unfortunately, they can also cause injuries that significantly affect your health, work, and quality of life. When someone else’s negligence causes an injury, you may have the right to seek compensation through a personal injury claim.

In this article, we explain what personal injury claims are, the most common types of claims, how the legal process works, and what you should consider before taking action.

Gather Evidence Early

A personal injury claim is a legal process that allows an injured person to recover compensation when another party’s negligence has caused harm. These claims aim to support recovery by covering the physical, emotional, and financial impact of an injury.

Compensation may include:

  • Pain and suffering
  • Medical treatment and rehabilitation
  • Loss of earnings
  • Ongoing care and support

Ultimately, the goal is to help you move forward with your life following an accident.

Common Types of Personal Injury Claims

Personal injury claims can arise from many different situations. Below are some of the most common examples.

Road Traffic Accident Claims

Road traffic accident claims involve injuries caused by the negligence of another road user. You may be able to claim compensation if you were injured as a:

  • Driver
  • Passenger
  • Pedestrian
  • Cyclist or motorcyclist

These claims often relate to car accidents, motorcycle accidents, and pedestrian collisions.

Workplace Accident Claims

Employers have a legal duty to provide a safe working environment. If you suffer an injury at work due to unsafe conditions, poor training, or faulty equipment, you may be entitled to make a workplace accident claim against your employer.

Public and Occupiers’ Liability Claims

Public and occupiers’ liability claims arise when someone is injured in a public place or on private property. Common locations include:

  • Shops and shopping centres
  • Parks and public spaces
  • Pavements and car parks

In these cases, property owners or occupiers may be liable if they failed to maintain safe conditions.

Serious Injury Claims

Serious injury claims, sometimes referred to as catastrophic injury claims, involve injuries that have a long-term or life-changing impact. These injuries can affect not only the injured person but also their family.

Examples include:

  • Brain injuries
  • Spinal cord injuries
  • Amputations
  • Serious burns
  • Severe medical injuries
  • Fatal accidents

Because of their complexity, these claims usually require specialist legal advice.

The Personal Injury Claims Process

1. Speak to a Personal Injury Solicitor

To begin a personal injury claim, it is advisable to consult a specialist solicitor. They can assess your case and explain the claims process clearly.

2. Gather Evidence

Your solicitor will help collect evidence to support your claim. This may include medical records, accident reports, witness statements, and financial documents.

3. Letter of Claim

Once the evidence is in place, your solicitor will send a formal letter of claim to the responsible party. This letter sets out how the accident occurred and the losses you have suffered.

4. Negotiations and Settlement

The defendant’s insurer will respond to the claim. In many cases, negotiations lead to a fair settlement without the need for court proceedings.

5. Court Proceedings (If Needed)

If a settlement cannot be reached, your solicitor may issue court proceedings. Throughout this process, they will represent your interests and guide you at every stage.

Important Things to Consider

Time Limits

In most personal injury cases, you have three years from the date of the accident to make a claim. However, exceptions apply, particularly for children and protected parties.

No Win, No Fee

Many personal injury claims are funded through no win, no fee agreements, also known as Conditional Fee Agreements (CFAs). This means you usually do not pay legal fees if your claim is unsuccessful, although some disbursements may still apply.

Compensation

Compensation depends on several factors, including the severity of your injuries and the financial losses you have suffered. Awards may cover medical costs, loss of income, rehabilitation expenses, and pain and suffering.

Final Thoughts

Personal injury claims provide a legal route to compensation when injuries occur because of someone else’s negligence. By understanding the claims process and seeking specialist legal advice, you can protect your rights and pursue the compensation you deserve.

Our team has decades of combined experience handling personal injury claims. The NJS Law Personal Injury Specialists are sympathetic, supportive, and committed to achieving the best possible outcome for you.

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

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.

Categories
Damp & Mould Disrepair

Takeaways from New Report into Damp and Mould in Social Housing

July 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:

  1. Re-evaluate housing associations’ core purpose: providing safe, decent homes.
  2. Conduct a full audit of social housing stock
  3. Engage tenants, frontline staff, and contractors to review maintenance processes
  4. Recruit and retain housing officers to reduce “patch sizes”
  5. Empower tenants to lead investigations and reviews
  6. Increase engagement through community hubs
  7. 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 sympatheticunderstandingand 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.