Month: February 2024

What Are The Most Common Types Of Motorcycle Injuries?

Post author By mcpicadofelipe
Post date 14 February 2024

February 2024

February 14, 2024

Motorcycling can be a delight and efficient mode of transportation, but it also comes with unique risks. Motorcycle accidents can lead to a range of injuries, some of which are unfortunately all too common:

Head Injuries: Head injuries are among the most serious and prevalent motorcycle injuries. These can range from concussions and skull fractures to traumatic brain injuries (TBI).
Fractures and Broken Bones: Motorcycle accidents often result in fractures and broken bones, particularly to the extremities, such as arms, legs, and hands.
Road Rash: Road rash occurs when a rider’s unprotected skin comes into contact with the road surface during a slide or fall. It can range from minor scrapes to severe skin abrasions, sometimes requiring skin grafts or surgeries.
Spinal Cord Injuries: Spinal cord injuries can lead to partial or complete paralysis and are often caused by high-impact accidents.
Internal Injuries: Internal injuries, such as organ damage or internal bleeding, can occur due to the force of impact in a motorcycle accident. These injuries may not be immediately apparent, highlighting the importance of prompt medical evaluation after an accident.
Facial Injuries: Facial injuries, including fractures, lacerations, and dental trauma, can result from a motorcycle accident.
Lower Extremity Injuries: Leg and foot injuries are common, with riders often sustaining fractures, dislocations, or soft tissue injuries.

If you have been involved in an accident as a motorcyclist and the accident was not your fault then we can help you claim the compensation you deserve.

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

Our NJS Law Motorbike 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 today to discuss your claim.

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

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FAQ

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Tags motorbike accident claims, Personal Injury

Contesting A Will

What Is The Difference Between A Next Of Kin and A Beneficiary

Post author By mcpicadofelipe
Post date 8 February 2024

February 2024

February 8, 2024

The term “Next of Kin” is often misunderstood. Legally, it has no strict meaning, but it is commonly used in hospitals and legal situations to indicate someone close to you.

Next of Kin in Hospitals

If someone needs hospital treatment, they are usually asked to nominate a Next of Kin.

A patient can choose any adult: a spouse, partner, adult child, friend, or neighbour.
Hospitals use this information to know who to contact in an emergency.
There is no legal order of priority for who can be a Next of Kin

Executors of an Estate

Similar to choosing a Next of Kin, you can nominate anyone to act as an Executor of your Estate.

Executors handle the administration of your Estate after you die.
Common choices include a spouse, adult child, partner, or trusted friend.

Nominating an Executor in a Will ensures your wishes are followed and reduces the risk of disputes.

What Happens Without a Will?

If someone dies without a Will, the law sets a priority list for who can apply for Letters of Administration:

Spouse or civil partner
Adult children
Parents
Siblings

Disputes can arise if multiple people in the same category want the role – for examples:

More than one child applying
Separated parents both wanting to administer the Estate

Tis is one of the main reasons making a Will is so important.

Beneficiaries of an Estate

A Beneficiary is anyone entitled to inherit part or all of an Estate.

A Beneficiary can be nominated in a Will
If there is no Will, the intestacy rules decide who inherits
Friends neighbours, or social partners cannot inherit if there is no Will.

Why Legal Advice Matters

Inheritance and administration disputes can be complicated.

Our team has extensive experience in inheritance disputes. We are sympathetic, understanding, and here to guide you every step of the way.

We can get it sorted.

It’s what we do.

Call us – it’s free to ask

CONTACT US TODAY

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

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 Contentious Probate, contesting a will, inheritance act claims, inheritance disputes, Wills disputes

Contesting A Will

Contesting a Will Made Undue Influence

Post author By mcpicadofelipe
Post date 8 February 2024

February 2024

February 8, 2024

We are often contacted by people who believe a Will is invalid due to undue influence. Equally, we hear from beneficiaries who argue that a Will is valid and deny that any undue influence took place.

So what does the law actually say?

What Is Undue Influence in a Will?

Undue influence occurs when a Will is made as a result of unlawful pressure being applied to the person making it (the testator).

If a Will is signed because of undue influence, it is void and has no legal effect.

Lawful Persuasion vs Unlawful Pressure

It is important to understand that not all influence is unlawful.

The law recognises that it is perfectly legitimate for someone to try to persuade a testator to leave them a gift. The difficulty lies in identifying where legitimate persuasion ends and undue influence begins.

What the Courts Say

In the 1860s case of Hall v Hall, the court stated that the following are legitimate:

“Persuasion, appeal to affection or ties of kindred, gratitude for past services, or pity for future destitution.”

These types of influence are allowed. Undue influence, however involves pressure that overpowers the testator’s free will.

Why Undue Influence Is Difficult to Prove

There is another significant challenge. Undue influence often takes place behind closed doors, with no witnesses present.

As a result:

It is relatively easy to allege undue influence
However, it is often very difficult to prove

Each case depends heavily on evidence and circumstances.

Proposed Changes to the Law

The Law Commission is currently considering reforms to better protect vulnerable testators, particularly older people at risk of financial abuse.

Our Head of Department has been working with the Law Commission to help strike the right balance between:

Protecting vulnerable individuals
Upholding legitimate gifts and testamentary freedom

Why Specialist Legal Advice Is Essential

Undue influence claims are legally complex and evidence-heavy. Because of this, specialist advice is essential from the earliest stage.

Expert Support With Inheritance Disputes

Our team has extensive experience dealing with inheritance and Will disputes, including claims involving undue influence.

We are sympathetic, understanding, and here to guide you every step of the way.

We can get it sorted.
It’s what we do.
📞 Call us — it’s free to ask.

CONTACT US TODAY

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

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 Contentious Probate, contesting a will, inheritance act claims, inheritance disputes, Wills disputes

Birth Injury

The Long-Term Cost of Birth Injuries

Post author By mcpicadofelipe
Post date 7 February 2024

February 2024

February 7, 2024

Birth injuries caused by medical negligence have a profound impact on mothers, babies, the NHS, and society as a whole. As specialist birth injury compensation solicitors, our focus is on securing the rehabilitation care, and financial compensation families need to move forward.

According to NHS Resolution, the body responsible for handling NHS claims, payments for clinical negligence in England rose by 9.5% in 2022/23 to almost £2.7 billion, with maternity negligence accounting for a significant proportion of this cost. These figures highlight the seriousness and prevalence of birth injury claims.

What Is a Birth Injury?

A birth injury is an injury sustained by a mother and/or baby before, during, or shortly after labour and delivery. While most births result in excellent care, avoidable errors can cause life-changing harm.

Common Birth Injuries Affecting Mothers

Mothers may suffer a range of injuries, including:

Perineal trauma
Haemorrhage
Infection
Ruptured uterus
Prolapsed uterus
Pelvic fractures
Pre-eclampsia

Common Injuries Affecting Babies

Babies can also suffer serious injuries, such as:

Cerebral Palsy
Brachial plexus birth injury (including Erb’s palsy and shoulder dystocia)
Oxygen deprivation (hypoxia or anoxia)
Brain injury
Broken bones
Infection
Stillbirth

When injuries are caused by negligent maternity care, they can result in long-term physical, psychological, and financial consequences.

The Long-Term Effects of Brachial Plexus Birth Injury

One of the most common birth injuries in infants is brachial plexus birth injury. This occurs when the network of nerves controlling the shoulder, arm, and hand is stretched or damaged during delivery – often due to excessive force applied to the baby’s head and neck.

Shoulder Dystocia and Nerve Damage

Brachial plexus injuries frequently occur in cases of shoulder dystocia, where the baby’s shoulders become stuck behind the mother’s pelvic bone after the head has been delivered. Improper management of shoulder dystocia can significantly increase the risk of permanent injury.

Long-Term Outcomes

While many infants recover fully, research published in 2023 found that approximately 30% of children with brachial plexus birth injuries suffer permanent paralysis. Secondary complications may include:

Persistent weakness
Joint deformity or dislocation
Contractures
Altered limb growth
Chronic pain and reduced range of motion
Mental health difficulties
Spinal and joint degeneration

A specialist birth injury compensation solicitor will ensure that appropriate medical experts are instructed so the court can fully assess long-term prognosis and award accurate compensation.

The Long-Term Impact of Perineal Tears

For mothers, perineal tears are among the most common birth injuries and vary in severity.

Degrees of Perineal Tears

First degree tears: Affect only the skin, often heal quickly
Second degree tears: Involve perineal muscles and usually require stitches
Third degree tears: Extend into the anal sphincter and require surgical repair
Fourth degree tears: The most severe, extending into the rectum and potentially causing long-term complications such as faecal incontinence

Failure to correctly identify or repair third and fourth degree tears can have devastating consequences, affecting a woman’s physical health, sexual wellbeing, and mental health.

A birth injury solicitor will investigate risk factors, failures in care, and the long term impact of the injury, supported by expert medical evidence.

Government Inquiry Into Birth Trauma

Birth injuries often coincide with birth trauma. On 9th January 2024, a new All-Party Parliamentary Group (APPG) was launched to investigate birth trauma in the UK.

Objectives of the Inquiry

The inquiry aims to:

Identify maternity care practices contributing to birth trauma
Highlight examples of good maternity care and post-birth support
Examine the impact of birth trauma on mental health, relationships, bonding, and future reproductive choices

Evidence is expected to be heard between February and March 2024, with findings published in April 2024.

Why Early Legal Advice Matters

Childbirth should be remembered as a joyful and safe experience. When a birth injury or traumatic birth occurs, families can face years of pain, uncertainty, and ongoing medical treatment.

If you or your baby have suffered a birth injury, it is vital to contact a birth injury solicitor as soon as possible. Around 80% of clinical negligence claims settle out of court, meaning most cases are resolved without the stress of a trial.

Early legal advice helps ensure:

Evidence is preserved
Time limits are met
Appropriate rehabilitation and interim payments are secured

Specialist Birth Injury Solicitors You Can Trust

Our team has decades of combined experience representing families in medical negligence and birth injury claims. We are compassionate, understanding, and committed to securing the support and compensation you need to move forward.

Free No-Obligation Consultation

If you believe medical negligence caused a birth injury, contact us today to discuss your situation. We offer a free, no obligation consultation and are available by phone or email to help you take the next step.

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 Birth Injury, Personal Injury

Contentious Probate

What Are The Most Common Types of Contentious Probate Disputes?

Post author By mcpicadofelipe
Post date 7 February 2024

February 2024

February 7, 2024

At NJS Law, our specialist solicitors have extensive experience dealing with Inheritance Disputes of all kinds. We regularly act for clients who are bringing claims as well as those who need to defend claims made against an estate.

Inheritance disputes can be stressful, emotional, and legally complex. Our role is to guide you through the process with clarity, sensitivity, and expert legal advice.

Claims Under the Inheritance (Provision for Family and Dependants) Act 1975

The most common type of inheritance dispute is a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

Who Can Make a Claim?

Claims under the Act may be brought by:

A spouse or civil partner
A former spouse or former civil partner
A cohabiting partner (living together for at least two years)
Children (including adult children and those treated as children of the family)
Financial dependents

Most people who make a Will provide properly for their loved ones. However, disputes often arise where someone has been deliberately excluded or left with insufficient provision.

Claims by Adult Children

Claims brought by adult children are particularly complex and depend heavily on the individual circumstances. Some claims succeed, while others do not. As a result, many cases are settled through negotiation to minimise risk, costs, and emotional strain for all parties.

Disputes About the Validity of a Will

Challenges to the validity of a Will are another common form of inheritance dispute.

Reasons a Will May Be Invalid

A Will may be declared invalid for several reasons, including:

Failure to comply with legal signing and witnessing requirements
Lack of mental capacity at the time the Will was made
The Will-maker not fully understanding the effect of the Will.
Errors or failures by the Will preparer

In some cases, Wills are prepared for individuals with long-term diagnoses such as dementia, without adequate assessment of capacity. These situations frequently result in disputes after death.

Executor and Estate Administration Disputes

We also advise on disputes involving the administration of estates, including disagreements between Executors and concerns about how an estate is being managed.

Common Executor Disputes

These disputes often involve:

Executors failing to carry out their duties properly
Unreasonable delays in distributing estate assets
Disputes between Executors or beneficiaries

Such disputes are becoming increasingly common, and our solicitors are experienced in resolving them efficiently.

Why Choose NJS Law for Inheritance Disputes?

Our team offers:

Extensive experience in inheritance and probate disputes
A sensitive and understanding approach during difficult times
Clear, practical advice focused on achieving the best outcome

We are committed to supporting you every step of the way.

Speak to an Inheritance Disputes Solicitor

We are here to help. We can get it sorted. It’s what we do.

Contact NJS Law today for expert advice on inheritance disputes.

It’s free to ask.

Frequently Asked Questions About Inheritance Disputes

What is an inheritance dispute?

An inheritance dispute is a legal disagreement relating to a person’s estate after they have died. This can include disputes about the terms of a Will, claims for financial provision, challenges to the validity of a Will, or issues with how an estate is being administered.

Who can challenge a Will?

A Will may be challenged by individuals with a legal interest in the estate, including beneficiaries, potential beneficiaries, or those who believe the Will is invalid. Common grounds for challenging a Will include lack of mental capacity, improper execution, undue influence, or fraud.

CONTACT US TODAY

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

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 Contentious Probate, contesting a will, inheritance act claims, inheritance disputes, Wills disputes

Damp & Mould Disrepair

RCP Calls on Government to Take Urgent Action on Damp and Mould

Post author By mcpicadofelipe
Post date 6 February 2024

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

Contentious Probate

How To Contest a Will After Probate

Post author By mcpicadofelipe
Post date 6 February 2024

February 2024

February 6, 2024

It is important to understand what people mean when they ask whether a Will can be contested after a Grant of Probate has been issued, as there are two different legal routes for challenging a Will once probate is involved.

What Is a Grant of Probate?

A Grant of Probate is the legal document issued by the Probate Registry that gives Executors authority to:

Collect the deceased’s assets
Pay outstanding debts and liabilities
Distribute the estate to beneficiaries

In cases involving a small estate, a Grant of Probate may not be required. Banks and building societies will sometimes release funds to Executors without a Grant if the sums involved are modest.

However a Grant of Probate will usually be required where the deceased owned:

Property or land
Shares or investments
Premium bonds
Significant bank or savings accounts

Contesting a Will on the Grounds of Invalidity

One way to contest a Will is by arguing that it is legally invalid.

Common Grounds for Challenging the Validity of a Will

A Will may be invalid if:

It was not properly signed or witnessed
The person making the Will lacked testamentary capacity
The Will-maker was subjected to undue influence
The Will-maker did not know or approve the contents of the Will

It is far easier to challenge a Will before a Grant of Probate is issued, which is why we always advise anyone considering a claim to seek early legal advice.

Contesting a Will Before Probate Is Granted

If a Grant of Probate has not yet been issued, it is relatively straightforward to prevent Executors from obtaining one.

What Is a Caveat?

A Caveat can be entered at the Probate Registry to temporarily stop a Grant of Probate from being issued. Without a Grant, Executors are generally unable to collect or distribute most estate assets.

This often forces Executors to engage with the dispute and address the claim.

Contesting a Will After a Grant of Probate Has Been Issued

There is no time limit for challenging a Will on the basis that it is invalid. This means it is still possible to contest a Will after probate has been granted.

However, doing so become more difficult because:

Executors already have authority to access estate assets
The estate may have been partially or fully distributed
Recovering assets from beneficiaries can be complex

Early action is therefore crucial.

Claims Under the Inheritance (Provision for Family and Dependants) Act 1975

A second way to “contest” a Will is by making a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

When Can an Inheritance Act Claim Be Made?

An Inheritance Act claim can be made before or after a Grant of Probate has been issued. However, strict time limits apply.

Time Limit for Inheritance Act Claims

Claims under the Inheritance Act must usually be made within six months of the Grant of Probate being issued.

While the Court has discretion to extend this deadline in limited circumstances, it is unwise to rely on an extension being granted.

In simple terms: delay can mean losing your claim.

Why Early Legal Advice Matters

Inheritance disputes are time-sensitive and legally complex. Acting quickly can:

Preserve estate assets
Improve prospects of settlement
Reduce costs and stress
Avoid court proceedings

How NJS Law Can Help

Our specialist inheritance disputes team has extensive experience dealing with:

Will validity challenges
Claims after a Grant of Probate
Inheritance Act claims
Contentious probate disputes

We are sympathetic, practical, and focused on achieving the best outcome for you.

Speak to an Inheritance Disputes Solicitor Today

We are here to help.

We can get it sorted. It’s what we do.

Contact NJS Law today – it’s free to ask

CONTACT US TODAY

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

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 Contentious Probate, contesting a will, inheritance act claims, inheritance disputes, Wills disputes

Estate Administration Disputes

Disputes About The Administration Of Estates

Post author By mcpicadofelipe
Post date 5 February 2024

February 2024

February 5, 2024

Disputes about the Administration of Estates are, sadly, becoming increasingly common – at any given time we will often have a number of these claims either being pursued or defended by us. Sometimes claims are genuine – but sometimes we defend claims that are brought by over greedy beneficiaries.

Disputes about the Administration of Estates can arise in a variety of ways. Sometimes there are disputes between Beneficiaries and Executors – for example because the Executors are too slow, seeking to charge too much money for dealing with the Administration of the Estate or not getting the best out of Estate Assets. In these circumstances it is possible to hold the Executors to account or, as a last resort, get a Court Order requiring the Executors to take particularly steps or to have them removed and replaced by someone else. As we have said these disputes are common – but they are generally easy and quick to resolve.

Sometimes there is an internal dispute between Executors themselves – for example with one Executor wanting to take a particular course of action and another Executor refusing to agree. This sometimes happens for example, if one Executor wants to sell a house that belonged to the person who died – but the other Executor doesn’t want to take this step. Sometimes there is a dispute about what the sale price of the house should be. These disputes are relatively easy to resolve but sometimes Executors can become entrenched in a position and fail to take the best steps in the interests of an Estate.

We like to help Executors or Beneficiaries to resolve disputes quickly and effectively – using legal proceedings as a last resort – but if one party becomes stubborn and refuses to see sense then we will swiftly bring a case to trial to get the best outcome for our client.

Our team has extensive experience dealing with Inheritance Disputes matters. We are sympathetic, understanding, and are here to help you every step of the way.

We are here to help. We can get it sorted. It’s what we do. Call us. It’s free to ask.

CONTACT US TODAY

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

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 Contentious Probate, contesting a will, inheritance act claims, inheritance disputes, Wills disputes

February 2024

CONTACT US

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February 2024

Next of Kin in Hospitals

Executors of an Estate

What Happens Without a Will?

Beneficiaries of an Estate

Why Legal Advice Matters

CONTACT US TODAY

Ask NJS Law

FAQ

February 2024

What Is Undue Influence in a Will?

Lawful Persuasion vs Unlawful Pressure

What the Courts Say

Why Undue Influence Is Difficult to Prove

Proposed Changes to the Law

Why Specialist Legal Advice Is Essential

Expert Support With Inheritance Disputes

CONTACT US TODAY

Ask NJS Law

FAQ

February 2024

What Is a Birth Injury?

Common Birth Injuries Affecting Mothers

Common Injuries Affecting Babies

The Long-Term Effects of Brachial Plexus Birth Injury

Shoulder Dystocia and Nerve Damage

Long-Term Outcomes

The Long-Term Impact of Perineal Tears

Degrees of Perineal Tears

Government Inquiry Into Birth Trauma

Objectives of the Inquiry

Why Early Legal Advice Matters

Specialist Birth Injury Solicitors You Can Trust

Free No-Obligation Consultation

CONTACT US

Ask NJS Law

FAQ

February 2024

Claims Under the Inheritance (Provision for Family and Dependants) Act 1975

Who Can Make a Claim?

Claims by Adult Children

Disputes About the Validity of a Will

Reasons a Will May Be Invalid

Executor and Estate Administration Disputes

Common Executor Disputes

Why Choose NJS Law for Inheritance Disputes?

Speak to an Inheritance Disputes Solicitor

Frequently Asked Questions About Inheritance Disputes

What is an inheritance dispute?

Who can challenge a Will?

CONTACT US TODAY

Ask NJS Law

FAQ

February 2024

Tenants Continue to Suffer the Health Impacts of Damp and Mould

Real-Life Cases Highlight the Dangers of Mouldy Homes

RCP Calls on Government to Take Urgent Action on Damp and Mould

Why Damp and Mould Problems Are Getting Worse

Landlord Responsibilities and the Need for Stronger Enforcement

What Are My Rights If I Have Mould in My Rented Property

Steps You Can Take to Reduce Damp and Mould

Your Landlord's Legal Responsibilities

What to Do If Your Landlord Does Not Act

Wrapping Up

How NJS Law Can Help With Damp and Mould Repairs

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!

Ask NJS Law

FAQ

February 2024

What Is a Grant of Probate?

Contesting a Will on the Grounds of Invalidity

Common Grounds for Challenging the Validity of a Will

Contesting a Will Before Probate Is Granted

What Is a Caveat?

We work on a NO WIN NO FEE basis
to get your home put right and to get you compensated!