Categories
Medical Negligence

Lens Opacification vs PCO (Secondary Cataract): What’s the Difference?

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If you have noticed cloudy, hazy, or “misty” vision after cataract surgery or lens replacement surgery, it is natural to look for explanations. Two causes that are commonly discussed are:

  • Posterior capsule opacification (PCO) — sometimes called a “secondary cataract”

  • Intraocular lens (IOL) opacification — clouding of the implanted artificial lens itself

This article explains the difference in plain English and suggests practical questions you can ask at a review appointment.

Important: This page provides general information only and is not medical advice. Seek urgent medical care if you experience severe pain, sudden vision loss, flashes, floaters, or a red, painful eye.

Understanding Cloudy Vision After Cataract or Lens Replacement Surgery

After cataract or lens replacement surgery, most patients expect clearer vision. When vision becomes cloudy again, it can be worrying and confusing. Several conditions can cause similar symptoms, which is why careful examination and accurate diagnosis are important.

Two of the most commonly discussed causes are PCO and IOL opacification.

What Is PCO (Posterior Capsule Opacification)?

During cataract or lens replacement surgery, the natural lens is removed, but a thin transparent membrane called the posterior capsule is usually left in place. This capsule helps support the implanted lens.

Over time, this capsule can become cloudy. This is known as posterior capsule opacification (PCO).

Symptoms of PCO

PCO may cause:

  • blurred or cloudy vision,

  • glare or halos around lights,

  • reduced contrast or faded colours.

Why PCO Is Often Called a “Secondary Cataract”

PCO is sometimes referred to as a “secondary cataract,” but this can be misleading. The original cataract has not returned; instead, the supporting capsule has become cloudy. PCO is common and can develop months or years after surgery.

Common Management for PCO: YAG Laser Capsulotomy

PCO is often treated with a short outpatient procedure called a YAG laser capsulotomy.

What a YAG Laser Capsulotomy Involves

The laser creates a small opening in the cloudy capsule, allowing light to pass through more clearly and improving vision. The procedure is usually quick and painless.

When YAG Laser Treatment May or May Not Be Appropriate

Whether YAG laser treatment is appropriate depends on examination findings and individual circumstances. Not all causes of cloudy vision after surgery will improve with YAG treatment.

What Is IOL (Intraocular Lens) Opacification?

IOL opacification refers to clouding of the implanted artificial lens itself. This is different from PCO, although the symptoms can overlap.

Symptoms of IOL (Lens) Opacification

Patients may describe:

  • a gradual reduction in visual acuity,

  • persistent haze not improved by glasses,

  • glare or halos, particularly at night,

  • difficulty reading or driving in different lighting conditions.

Why Accurate Diagnosis Is Important

Other eye conditions can cause similar symptoms, which is why careful assessment is essential. Accurate diagnosis helps ensure that the most appropriate management plan is considered.

Why the Difference Between PCO and Lens Opacification Matters

Although PCO and IOL opacification can produce similar symptoms, they are different conditions and may require different management approaches.

Differences in Treatment and Management Options

In general terms:

  • PCO may be treated with YAG laser capsulotomy.

  • Lens-related issues or other causes may require monitoring, further investigation, referral, or, in some situations, discussion of lens exchange.

Questions to Ask at Your Review Appointment

You may find it helpful to prepare questions in advance.

Key Questions About Diagnosis

  • Is my reduced vision due to PCO, IOL opacification, or another cause?

  • What findings support that conclusion?

Questions About Treatment Options and Next Steps

  • Would YAG laser treatment help in my case, and why?
  • If YAG is not suitable or does not help, what are the next steps?
  • What lens model was implanted?
  • If lens exchange is discussed, what are the risks and expected outcomes for me
  • What symptoms should prompt urgent review?

Practical Record-Request Steps

If you are unsure about your diagnosis or options, it is reasonable to request copies of your medical records.

What Medical Records You Can Request

You may ask for:

  • implant details (lens model and serial or batch information, if recorded),

  • follow-up notes and test results (visual acuity, refraction, imaging),

  • copies of correspondence about advice and treatment plans.

Why Requesting Records Is Reasonable

Requesting records is not a criticism of any clinician. It is a sensible step to help you understand your care and make informed decisions.

When Legal Advice May Be Helpful

Legal advice may be appropriate if, after appropriate assessment and record review, you remain concerned about your care.

Concerns That May Warrant Legal Advice

These may include:

  • whether you were properly informed of risks and alternatives,

  • whether follow-up and investigation were appropriate,

  • how ongoing symptoms or complaints were managed.

Any potential claim is fact-specific and depends on medical evidence and independent expert opinion.

Speak to NJS Law

If you are experiencing cloudy vision or reduced acuity after cataract or lens replacement surgery and would like advice on practical next steps, NJS Law can review your circumstances and advise accordingly.

👉 Speak to our Clinical Negligence team

CONTACT US

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

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FAQ

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Categories
Medical Negligence

Time Limits for Eye Surgery Negligence Claims (England & Wales): Why “Date of Knowledge” Matters

Time Limits for Eye Surgery Negligence Claims

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If you are concerned about the outcome of cataract surgery or lens replacement surgery, you may be wondering whether it is too late to bring a medical negligence claim.

This is a common concern in eye surgery cases, particularly where symptoms developed gradually or were only linked to the surgery some time later. In England & Wales, strict time limits apply, but those limits do not always run from the date of surgery itself.

This page explains, in general terms, how time limits usually work for eye surgery negligence claims and why the concept of the “date of knowledge” is often central.

Important: This information is general only and does not constitute legal advice. Limitation is fact-specific and should always be assessed individually.

In most medical negligence claims in England & Wales, court proceedings are generally expected to be issued within three years.

The Standard Three-Year Rule

The three-year period usually runs from either:

  • the date of the negligent treatment, or

  • the claimant’s date of knowledge.

Which of these applies will depend on the facts of the case.

What Is the “Date of Knowledge”?

The date of knowledge is not necessarily the date when symptoms first appeared.

Legal Meaning of “Date of Knowledge”

In broad terms, the date of knowledge is when you first knew, or could reasonably have known, that:

  • you had suffered a significant injury, and

  • the injury may be attributable to the medical treatment you received.

A formal diagnosis or confirmation of negligence is not always required for this date to arise.

Eye surgery claims often involve delayed or unclear symptoms, making the date of knowledge particularly relevant.

Gradual or Delayed Onset of Symptoms

In cataract and lens replacement surgery cases, problems may:

  • develop slowly over months or years,

  • fluctuate in severity, or

  • worsen progressively rather than appearing immediately.

Early Symptoms May Be Misattributed

Patients are frequently reassured that symptoms are unrelated to surgery, for example:

  • being told symptoms are due to dry eye,

  • being advised that new glasses are required, or

  • being reassured that symptoms are part of the normal ageing process.

In these circumstances, it may not be reasonable to expect a patient to suspect negligence at an early stage.

What Can Trigger a Date of Knowledge in Practice?

The date of knowledge is assessed on a case-by-case basis. Common triggers in eye surgery claims may include the following.

Clinical Advice or Disclosure

  • being told by a clinician that something may have gone wrong during surgery,

  • being informed that the surgical outcome is not as expected.

Discovery of Surgical or Implant Information

  • learning the type of intraocular lens implanted and realising it may be relevant,
  • discovering a discrepancy between what was consented to and what was implanted.
  •  

Investigations or Further Treatment

  • investigations confirming a likely cause of symptoms,

  • a recommendation for further procedures, such as lens exchange or corrective surgery.

  •  

Information That Raises Reasonable Suspicion

  • receiving information that reasonably leads you to suspect your symptoms may be linked to the original surgery.

  •  

Even where the date of knowledge may arise later, early advice is usually advisable.

Preservation of Evidence

As time passes:

  • medical records may be archived or harder to obtain,
  • implant labels and consent documentation may be more difficult to locate,
  • memories of events can fade.
  •  
  •  

Early Assessment of Limitation

Obtaining advice early allows limitation to be assessed properly and reduces the risk of avoidable procedural issues.

What to Do If You Are Unsure About Time Limits

If you are uncertain whether you are still within time to bring an eye surgery negligence claim, the following steps can help.

Request Your Medical Records

Obtain your full records, including surgical notes and implant details, from both NHS and private providers.

Prepare a Symptom and Treatment Timeline

Record:

  • when symptoms began,

  • how they progressed,

  • appointments attended, and

  • what you were told and when.

Seek Specialist Legal Advice

A solicitor experienced in medical negligence can review the records and advise whether your claim may still be brought.

Time limits are fact-specific. In England and Wales, many clinical negligence claims are subject to a three-year limitation period from the date of injury or date of knowledge (with exceptions). Early advice is often helpful while records are being gathered.

Speak to NJS Law

If you are concerned about time limits following cataract surgery or lens replacement surgery, NJS Law can review your circumstances and advise you on your position.

We regularly act in medical negligence claims and understand the particular issues that arise in eye surgery cases, including complex limitation questions and the date of knowledge.

👉 Speak to our Clinical Negligence team

CONTACT US

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

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FAQ

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Categories
Medical Negligence

Lentis (Oculentis) IOL Opacification & Cloudy Vision After Surgery

Lentis (Oculentis) IOL Opacification & Cloudy Vision After Surgery

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If you have had cataract surgery or lens replacement surgery and received an Oculentis Lentis intraocular lens (IOL), you may be researching lens opacification (clouding) and what it might mean for your vision.

People researching this issue are often trying to understand:

  • why their vision has worsened after surgery,
  • whether their symptoms are related to the implanted lens or another cause,
  • what appropriate review and aftercare should involve,
  • and what steps to take if concerns remain unresolved.

This page does not make allegations about any clinic, surgeon, or manufacturer. It provides general information about symptoms, clinical assessment, practical steps to obtain records, and when legal advice may be helpful.

Every case depends on individual facts, medical records, and independent expert evidence.

Important: This article is general information, not medical advice. If you experience sudden pain, rapid loss of vision, flashes, floaters, or a red painful eye, seek urgent medical attention.

What is an intraocular lens (IOL) and what is “opacification”?

An intraocular lens (IOL) is an artificial lens implanted inside the eye during cataract surgery or lens replacement surgery. In most cases, these lenses remain clear and stable for many years.

Opacification describes a situation where the implanted lens itself becomes cloudy or hazy. This can interfere with the passage of light through the eye and may lead to visual symptoms such as:

  • misty or foggy vision that gradually worsens,
  • glare or halos, particularly at night,
  • reduced contrast or “washed-out” colours,
  • difficulty reading or driving in certain lighting conditions.

These symptoms can have several possible causes, which is why careful clinical assessment and clear documentation are essential.

Lentis (Oculentis) lenses: why patients research them

Some patients report being fitted with Oculentis Lentis lenses (including models often referred to online as Mplus or Mplus X) and later experiencing symptoms they associate with reduced visual quality or clouding.

In many enquiries, concerns are not limited to symptoms alone. Patients also ask questions about:

  • what risks and alternatives were explained before surgery,
  • whether any relevant safety communications or updates were discussed,
  • how follow-up appointments were arranged and documented,
  • and how concerns were assessed and managed once raised.

Understanding what should reasonably be expected in terms of assessment, communication, and follow-up often requires access to full medical records.

What should I do if my vision has worsened after lens replacement surgery?

If you experience cloudy vision, glare, halos, or declining visual acuity after surgery, practical steps may include:

  1. Request your implant details
    Ask for confirmation of the lens model and any serial or batch information. This is often recorded on an implant sticker in the operation notes.
  2. Ask for a clinical explanation in writing
    It is reasonable to ask what the likely diagnosis is (for example, posterior capsule opacification versus possible lens-related clouding) and what examination findings support that view.
  3. Ensure appropriate review is arranged
    If symptoms persist, further assessment or referral may be appropriate. You can request copies of investigations such as refraction results, visual acuity testing, or OCT scans.
  4. Keep copies of all correspondence
    Retain letters, emails, test results, and a note of telephone discussions, including dates and who you spoke to.

What is a lens exchange and when might it be discussed?

A lens exchange (also called explantation and replacement) involves removing the implanted IOL and replacing it with another lens. This procedure can be more complex than the original surgery because tissues may have healed around the lens.

A lens exchange may be discussed where there is a potential lens-related issue and where the expected benefits outweigh the risks.

If this option is raised, it is sensible to ask:

  • why it is being recommended,
  • what alternatives exist,
  • the likely benefits and limitations,
  • the risks specific to your eye and medical history,
  • whether it is proposed as a clinical recommendation or as part of a complaint or review process.

What if I am concerned I was not informed about risks or options?

Some people seek legal advice if they are concerned about:

  • the information provided before surgery (including risks and alternatives),
  • whether appropriate follow-up and investigation took place,
  • how symptoms or complaints were handled.

Whether any criticism is justified always depends on the medical records and independent expert evidence.
NJS Law does not assume wrongdoing—the first step is establishing what happened and what the records show.

Can I bring a claim in the UK relating to lens implantation surgery?

Potential legal routes may include clinical negligence (for example, issues around consent, diagnosis, or aftercare) and, in some circumstances, consumer or contractual arguments in private treatment settings.

Which route may be relevant depends on:

  • what information was provided before surgery,
  • how symptoms were monitored and investigated,
  • how concerns were managed,
  • and whether the medical evidence supports causation and injury.

What evidence helps when seeking advice?

Helpful information often includes:

Medical records

  • implant details (lens model and serial/batch if available),
  • operation notes,
  • consent forms and information leaflets,
  • follow-up notes and test results.

Your symptom timeline

  • date of surgery,
  • when symptoms began,
  • what you reported and when,
  • what advice or treatment was provided,
  • whether and when lens exchange was discussed.

Communications

  • emails or letters raising concerns,
  • appointment confirmations,
  • written responses explaining findings or options.

Time limits: when should I get advice?

Time limits are fact-specific. In England and Wales, many clinical negligence claims are subject to a three-year limitation period from the date of injury or date of knowledge (with exceptions). Early advice is often helpful while records are being gathered.

What to do next

  1. Seek medical assessment if symptoms persist or worsen.
  2. Request your full medical records and implant details.
  3. Keep a clear timeline of symptoms and appointments.
  4. Ask direct questions about diagnosis, cause, and options.
  5. Seek legal advice if you remain concerned about consent, follow-up, or management.

Speak to NJS Law

If you believe you were fitted with a Lentis (Oculentis) intraocular lens and have experienced cloudy vision, glare, halos, or reduced visual acuity—or if you have concerns about information provided, follow-up, or management—NJS Law can review your circumstances and advise on next steps.

👉 Speak to our Clinical Negligence team

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

£18,000 Compensation for a Preventable Arm Injury at Work (Employer Liability Claim)

Employer Liability Claim £18,000 Awarded After Printer-Related Workplace Injury

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Introduction: When a “Small” Office Task Turns Into a Serious Workplace Injury

Many people assume that workplace injuries only occur on construction sites or in warehouses, but office environments can be just as hazardous. Poorly positioned equipment, heavy items stored unsafely, and inadequate risk assessments can all create serious risks for employees.

In this real employer liability case, a routine attempt to clear a printer jam resulted in a painful arm injury with long-term consequences. Because the accident was entirely preventable and the employer failed to meet essential health and safety duties, NJS Law secured £18,000 in compensation for our client.

If you’ve suffered a workplace injury – whether in an office, shop, school, warehouse, or any other setting – this guide explains what happened, why the claim succeeded, and how to find out if you may be eligible to make a workplace accident claim.

What Happened? How a Printer Jam Led to a Workplace Injury

It started as a routine task. When our client attempted to print documents, the office printer jammed. The printer had been poorly positioned – tight against a wall and difficult to access safely. To reach the jam, our client tried to pull the printer forward into a safer working position.

But the printer wouldn’t move. While attempting to shift it, our client felt sudden, intense pain and heard three sharp “snaps” in the arm, marking the moment the workplace injury occurred.

The Outcome: A Serious Arm Injury from the Workplace Accident

Following the incident, our client suffered:

  • Significant muscle and soft-tissue damage
  • Medical treatment and ongoing rehabilitation
  • Time off work, leading to disruption in daily life
  • Lasting pain, weakness, and reduced mobility

This was not an unavoidable or freak accident. It was a preventable workplace injury caused by an unsafe office setup – particularly the poor positioning of heavy and awkward equipment that could not be accessed safely.

If you’ve suffered a slip, trip, or fall at work, you may be entitled to compensation – especially if the hazard was hidden, unmarked, or caused by poor workplace maintenance. These types of workplace injuries are often preventable, and employers have a legal duty to keep staff safe.

Start your accident at work claim today:

  • Free initial consultation
  • No win, no fee options available
  • Clear, expert advice on your next steps

Why This Qualified as a Valid Employer Liability Claim

In the UK, employers have a legal duty to take reasonable steps to keep employees safe at work. This includes ensuring that workplace equipment is:

  • Correctly and safely positioned
  • Easy to operate without risk
  • Accessible without creating unnecessary manual handling hazards
  • Supported by appropriate risk assessments and training

In this case, the employer liability claim succeeded because the evidence showed the injury was entirely preventable. The employer’s failure to position the equipment safely and manage the risks properly directly contributed to the workplace accident.

Employer Failure to Provide a Safe Working Environment

The printer was positioned in a way that created an avoidable workplace risk:

  • Restricted access due to poor placement
  • No safer or more accessible setup provided
  • No effective controls in place to reduce manual handling strain or injury

Lack of Risk Assessment and Safe Processes

A proper risk assessment could have identified obvious hazards:

  • Heavy/awkward equipment close to a wall
  • Employees likely to attempt to move it when jams occur
  • Lack of clear procedure for faults and maintenance

No Manual Handling Support (Training/Guidance/Equipment)

Employers should not leave staff to improvise with heavy equipment. In many workplaces, safer systems include:

  • Clear reporting channels for jams/faults,
  • Maintenance support,
  • Training on what staff should and shouldn’t do,
  • Equipment placement guidelines to avoid unsafe reaching and lifting.

Clear Evidence of Injury and Consequences

A successful personal injury claim usually requires proof of:

  • The accident circumstances,
  • The injury and medical diagnosis,
  • How it affected your life and work,
  • Losses such as wages, travel costs, or treatment expenses.

We obtained the documentation needed to demonstrate fault and quantify the impact.

Accident at work claims are time-sensitive. The sooner you get advice, the easier it can be to secure key evidence such as photos, incident reports, CCTV, and witness details.

You may be able to claim if:

  • The hazard was concealed (e.g., spills, poor lighting, trailing cables, uneven flooring)

  • There were no warning signs or barriers

  • The area should have been inspected, cleaned, repaired, or made safe under workplace procedures

How We Proved Negligence and Secured £18,000

To build a strong case, NJS Law gathered and presented key evidence, including:

  • Witness statements (what colleagues saw and what workplace conditions were like)
  • Medical evidence confirming the injury, treatment, and prognosis
  • Workplace documentation relating to equipment layout, safety procedures, and employer responsibilities
  • Financial evidence such as wage loss and recovery-related costs (where applicable)

This evidence allowed us to demonstrate that the injury was linked to preventable risk, not simply “bad luck,” and to negotiate an appropriate settlement.

How Much Compensation Can You Get for an Arm Injury at Work?

Compensation depends on factors like:

  • Severity of the injury,
  • Recovery time and long-term symptoms,
  • Impact on daily activities and hobbies,
  • Time off work and reduced earning capacity,
  • Medical costs, travel expenses, and care needs.

In this case, the settlement was £18,000, reflecting both the injury and its wider impact. Your claim value may be higher or lower depending on your circumstances.

Time Limits: How Long Do You Have to Claim?

In most UK workplace injury cases, you typically have three years to bring a claim (with some exceptions). Acting early helps because:

  • Evidence is easier to gather,
  • Witnesses remember events more clearly,
  • Medical records and timelines are simpler to obtain.

Do You Have a Claim for an Office Injury or Equipment Hazard?

You may be able to claim if:

  • Your workplace setup increased risk (poor layout, access issues, heavy equipment placement),
  • You were not given training, guidance, or a safe procedure,
  • The employer didn’t take reasonable steps to prevent harm,
  • The injury caused pain, treatment, time off, or ongoing symptoms.

Office injury claims can include accidents involving:

  • Printers and heavy office equipment,
  • Lifting or moving items without support,
  • Trips/slips due to poor housekeeping,
  • Repetitive strain injuries (RSI),
  • Unsafe chairs/desks leading to musculoskeletal problems.

Choosing the Right Solicitor for a Workplace Injury Claim

Even incidents that seem minor can lead to serious, long-lasting injuries—so the right legal support matters. Look for a solicitor who:

  • Focuses on employer liability and workplace injury claims,
  • Offers no win, no fee where appropriate,
  • Has a strong track record with real case results,
  • Communicates clearly and treats you with care and respect.

Why Choose NJS Law for an Injury at Work Claim?

At NJS Law, we help people claim compensation after preventable workplace injuries—whether you work in an office, retail, healthcare, education, logistics, or construction.

✅4.9/5.0 on Trustpilot (500+ reviews)

✅No win, no fee

✅20+ years’ experience in workplace injury claims

✅Supportive, dedicated legal teams focused on your recovery and results

FAQs: Office Injuries, Equipment Setup & Employer Liability

Can I claim compensation for an injury caused by poor office equipment setup?

Yes. If unsafe placement, lack of safe access, or missing risk controls contributed to your injury, your employer may be legally responsible.

What if I moved the equipment myself—does that stop me claiming?

Not necessarily. If the workplace setup made it likely people would try to move equipment to do their job, the employer may still be at fault for not providing safe procedures, training, or access.

How much compensation could I receive?

It varies. In this case, our client received £18,000 for a printer-related arm injury. The value of your claim depends on severity, recovery, and financial losses.

 👉 View our full Employer Liability compensation guide

Check If You're Eligible With
Our Accident At Work Solicitors

Discover today if you’re eligible to make a claim.
Complete the form below, email or call our accident at work solicitors for free, no-obligation advice.

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Categories
Dental Negligence

Dental Negligence Claim: Woman Awarded £3,000+ After Failed Filling Leads to Tooth Loss

Dental Negligence Claim Woman Awarded £3,000+ After Failed Filling Leads to Tooth Loss

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A £3,000 Compensation Pay-out for Substandard Dental Treatment

A woman was awarded over £3,000 in compensation after her dentist failed to provide adequate care. What should have been a routine filling turned into months of pain, repeated procedures, and the loss of three teeth.

🔍 What Happened?

The patient visited her dentist for a simple filling — but the treatment kept failing. The filling repeatedly fell out, causing ongoing discomfort. Over time, poor care from the dentist led to a dental bridge being placed, and ultimately, the removal of three teeth.

This was found to be a clear case of dental negligence.

✅ Why Was She Eligible for a Dental Negligence Claim?

To succeed in a dental negligence claim, three key conditions must be met:

1. Breach of Duty of Care
The dentist failed to meet the expected standard of care. If the treatment had been performed correctly, her pain and complications could have been avoided.

2. Harm or Injury
• The patient endured persistent treatment failure
• She suffered significant physical harm, including tooth loss

3. Claim Filed Within the Legal Time Limit
The patient brought her claim within three years of becoming aware of the injury, which meets the legal deadline under UK law.

Read more about time limits for medical negligence claims

🧑‍⚖️ How to Choose the Right Dental Negligence Solicitor

Choosing a specialist solicitor is essential. Look for a legal team that:

Is highly rated by previous clients
✅ Offers no win, no fee claims
✅ Has a proven track record in dental negligence cases

⭐ Why Choose NJS Law?
  • 🏆 4.9/5.0 on Trustpilot (500+ client reviews)
  • 🛡️ No win, no fee – you only pay if we win your case
  • 📚 Over 20 years’ experience in medical negligence law
  • 🤝 Friendly and professional teams ready to support you

Contact our dental negligence team now →

❓ FAQs About Dental Negligence Claims

Can I claim if my filling keeps falling out?
Yes. If it causes pain, repeated treatments, or permanent damage — like tooth loss — you may be eligible.

How much compensation can I receive?
Pay-outs vary depending on severity. In this case, the patient received £3,000+, but more serious cases can result in higher amounts.

View our dental negligence compensation guide

CONTACT US

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

Ask NJS

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 Road Traffic Accident

Will I Have To Go To Court When Making A Personal Injury Claim

Will I Have To Go To Court When Making A Personal Injury Claim

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One of the most common questions we are asked is whether you will need to go to court when making a personal injury claim.

In most cases, the answer is no.

Only around 2–3% of personal injury claims proceed to a court hearing. The majority of claims are settled without anyone needing to attend court.

In this article, we explain how personal injury claims are usually settled, when court proceedings may become necessary, and what to expect if your claim does go to court.

How Are Personal Injury Claims Usually Settled?

Most personal injury claims settle out of court through negotiations between the solicitors representing each party.

Once your solicitor has reviewed liability and obtained medical evidence, they will negotiate with the defendant’s insurer to reach a fair settlement. This approach is typically quicker, less stressful, and more cost-effective than going to court.

What Happens If an Agreement Cannot Be Reached?

If negotiations do not result in an agreement, your solicitor may issue court proceedings. However, issuing proceedings does not mean your case will automatically go to trial.

Even after proceedings begin, many claims still settle. The court actively encourages resolution, and it often suggests a joint settlement meeting before setting a trial date. This gives both parties another opportunity to resolve the claim without attending court.

When Might I Need to Go to Court for a Personal Injury Claim?

Although rare, certain situations make court proceedings unavoidable. These include cases where:

  • The defendant denies liability
  • Both parties cannot agree on the value of the claim
  • The case involves legal or medical complexity
  • The claim falls outside the time limits set by the Limitation Act 1980
  • The claim is made on behalf of a child or protected party

In these circumstances, the court may need to decide the outcome. Your legal team will guide you throughout and advise you on the most appropriate course of action.

What Happens If I Do Have to Go to Court?

If your claim does proceed to court, your solicitor will explain the process clearly and prepare you thoroughly.

Below are answers to some of the most common questions.

Will I Have to Attend Court in Person?

In most cases, yes, you will need to attend court and give evidence. While this can feel daunting, your solicitor will ensure you understand what to expect and feel fully prepared.

For more straightforward cases, or where the judge can decide the matter based on written evidence alone, your solicitor may be able to present your case without you giving oral evidence.

Will There Be a Jury?

No. Personal injury claims take place in the civil courts, where a judge makes the final decision.

What Happens During the Hearing?

Your barrister and the defendant’s barrister will present their arguments to the judge. The judge may hear evidence from you, from witnesses, and from medical or other expert professionals before reaching a decision.

What Happens After the Hearing?

If you succeed, the court will usually award compensation.

If your claim is unsuccessful, you may have the option to appeal, depending on the circumstances. Your solicitor will advise you on whether an appeal is appropriate.

Making a Personal Injury Claim

Making a personal injury claim, and worrying about the possibility of going to court, can feel overwhelming, particularly while you recover from your injuries. However, it is important to remember that most personal injury claims never reach a courtroom.

Even in the unlikely event that your case does go to court, experienced legal representation can make the process far less stressful.

At NJS Law, our personal injury specialists offer clear advice, understanding support, and a strong commitment to achieving the best possible outcome.

If you have suffered an injury in an accident that was not your fault and would like to discuss your options, please contact us to arrange a free, no-obligation consultation.

Get in touch today using the contact form below to discuss your claim.

CONTACT US

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

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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
Serious Injury

Understanding the Impact and Implications of a Serious Injury

Understanding the Impact and Implications of a Serious Injury

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When we hear the term serious injury, it can evoke images of life-altering events, hospital stays, or prolonged recovery periods. But what exactly constitutes a serious injury? Here’s a closer look at its meaning, the implications for those affected, and why understanding it is important.

Defining a Serious Injury

A serious injury is typically any physical harm that significantly impacts a person’s health, quality of life, or ability to perform daily activities. This can include, but is not limited to:

  • Severe trauma such as fractures, burns, or head injuries.
  • Long-term disabilities like paralysis or loss of limb.
  • Internal injuries affecting critical organs.
  • Chronic pain or conditions stemming from an accident or incident.

The definition may vary depending on the context—legal, medical, or insurance-related. For instance, in a legal sense, serious injuries often include those that meet a threshold for compensation claims or litigation.

The Human and Financial Toll

Serious injuries don’t just affect the body; they ripple through every aspect of a person’s life:

  1. Physical: Extended recovery, surgeries, or rehabilitation may be required.
  2. Emotional: Coping with pain, limited mobility, or permanent changes can lead to mental health challenges like anxiety or depression.
  3. Financial: Medical bills, lost wages, and long-term care can create significant financial strain.
Examples of Serious Injuries

Common scenarios leading to serious injuries include:

  • Car accidents causing spinal cord damage or traumatic brain injuries.
  • Workplace incidents resulting in amputations or severe burns.
Why Awareness Matters

Understanding what constitutes a serious injury is critical for seeking appropriate medical care, legal support, and insurance coverage.

Whether you’ve experienced a serious injury or are supporting someone who has, it is vital that you receive specialist advice and assistance to help you to get your life back on track.

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

Our NJS Law Serious 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.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM

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

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FAQ

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Categories
Birth Injury

Cerebral Palsy Injury Claim

Cerebral Palsy Injury Claim

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Celebral Palsy is a group of neurological conditions that affect movement, muscle control, and coordination. In some cases, it is caused by medical negligence during pregnancylabouror childbirth.

Families caring for a child with Cerebral Palsy often face lifelong emotional, physical, and financial challenges. This guide explains how Cerebral Palsy injury claims work, when medical negligence may be involved, and how families can pursue compensation to secure their child’s future.

What is Cerebral Palsy?

Cerebral Palsy (CP) is a neurological condition caused by damage to the developing brain, typically occurring:

  • During pregnancy
  • During labour and delivery
  • In the early years of life

The condition can affect:

  • Muscle tone and coordination
  • Movement and posture
  • Speech, vision, and learning

The severity of Cerebral Palsy varies, with some children requiring lifelong care and support.

Causes of Cerebral Palsy and Medical negligence

While not all cases are preventable, medical negligence during childbirth can be a cause of Cerebral Palsy.

Examples include:

  • Failure to monitor fetal distress
  • Oxygen deprivation (hypoxia)
  • Delayed or mismanaged emergency C-sections
  • Traumatic delivery injuries
  • Failure to treat infections or complications

If proper medical care could have prevented the brain injury, a Cerebral Palsy medical negligence claim may be possible.

Can I Make a Cerebral Palsy Injury Claim?

Parents and guardians may pursue a claim if there is evidence that substandard medical care directly caused or contributed to their child’s Cerebral Palsy.

To succeed, it must show that:

  • A healthcare provider owed a duty of care
  • That duty was breached
  • The breach caused avoidable brain damage

Evidence may include:

  • Maternity and hospital records
  • Independent medical expert reports
  • Assessments of the child’s condition, care needs and prognosis.

The Role of Medical Experts in Cerebral Palsy Claims

Cerebral Palsy cases rely heavily on independent medical experts, including:

  • Obstetricians
  • Neonatologists
  • Paediatric neurologists

These experts assess whether:

  • The care provided met acceptable medical standards
  • Earlier intervention could have prevented injury
  • Negligence directly caused the child’s condition

Their evidence is critical in establishing liability.

Compensation for Cerebral Palsy Medical Negligence

Successful Cerebral Palsy injury claims can result in substantial compensation to support the child throughout their life.

Compensation may cover:

  • Ongoing medical treatment and therapy
  • Specialist equipment and mobility aids
  • Home adaptations and care costs
  • Educational and learning support
  • Loss of earnings and future financial needs
  • Pain, suffering, and loss of amenity

Every claim is assessed individually to reflect the child’s long term needs.

Specialist Legal Support for Cerebral Palsy Claims

Cerebral Palsy medical negligence claims are legally and medically complex. Working with specialist solicitors ensures:

  • Sensitive and compassionate handling
  • Access to leading medical experts
  • Accurate valuation of lifelong care needs
  • Strong representation against NHS trusts or private providers

How NJS Law Can Help

Our NJS Law Medical Specialists are experienced in handling Cerebral Palsy and birth injury claims.

We offer:

  • Clear, honest legal advice
  • A supportive, family focused approach
  • No win, no fee representation
  • A commitment to securing the best possible outcome

Speak to a Cerebral Palsy Medical Negligence Solicitor

If you believe your child’s Cerebral Palsy was caused by medical negligence, early legal advice is essential.

  • Contact NJS Law today for a free, no obligation consultation
  • Available by phone or email
  • We’re here to support your family every step of the way

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM

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
Motorbike Accident Road Traffic Accident

Whiplash Injury Claims: Compensation, Eligibility, and the Claims Process

Understanding Whiplash Injury Claims

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Whiplash is one of the most common injuries sustained in road traffic accidents, often causing pain, discomfort, and disruption to everyday life. Although frequently associated with minor collisions, whiplash injuries can have a lasting impact on your ability to work, drive, and carry out daily activities.

If you have suffered whiplash due to someone else’s negligence, you may be entitled to claim compensation. This article explains what whiplash is, how whiplash injury claims work, and what you should consider when seeking compensation.

What Is Whiplash?

Whiplash is a soft-tissue injury that occurs when the head is suddenly forced forward, backwards, or sideways, placing strain on the neck muscles, ligaments, and tendons. It is most commonly caused by rear-end car collisions, although it can also occur in side-impact accidents, cycling accidents, or incidents involving sudden braking.

What Is Whiplash?

Symptoms of whiplash can vary in severity and may include:

  • Neck pain and stiffness
  • Headaches, often starting at the base of the skull
  • Shoulder and upper back pain
  • Fatigue
  • Dizziness
  • Reduced range of movement in the neck

In some cases, symptoms appear immediately after the accident. However, it is common for whiplash symptoms to develop hours or even days later. For this reason, seeking medical attention promptly is essential, even if you initially feel well.

Am I Eligible to Make a Whiplash Injury Claim?

To pursue a whiplash injury claim, you must be able to show that your injury was caused by an accident resulting from another party’s negligence. This is often another driver who failed to drive safely or comply with traffic laws.

Who Can Make a Whiplash Claim?

You may be eligible to claim compensation if:

  • You were injured in a road traffic accident as a driver, passenger, pedestrian, or cyclist
  • Another party was wholly or partially at fault
  • You have medical evidence confirming your whiplash injury

A solicitor can assess the circumstances of your accident and advise whether you have a valid claim. Further guidance is available on our Road Traffic Accident Claims page.

How Much Compensation Can You Claim for Whiplash?

The amount of whiplash compensation awarded depends on several factors, including the severity of the injury, recovery time, and how the injury has affected your daily life and finances.

General Damages fror Whiplash Injuries

General damages compensate you for pain, suffering, and loss of amenity. Minor whiplash injuries may result in awards of a few hundred pounds, while more severe or long-lasting injuries can attract compensation of several thousand pounds.

Special Damages for Financial Losses

In addition to general damages, you may also be able to claim special damages, which cover financial losses linked to your injury, such as:

  • Loss of earnings
  • Medical and rehabilitation expenses
  • Travel costs to medical appointments
  • Care or assistance costs

Keeping receipts and records of these expenses is crucial to maximising your claim.

Steps to Making a Whiplash Injury Claim

Seek Medical Attention

First and foremost, obtain a medical assessment as soon as possible. Medical records provide vital evidence linking your injury to the accident.

Report the Accident

You should report the accident to your insurer and, where appropriate, to the police. Collect as much evidence as possible, including photographs, witness details, and accident reports.

Speak to a Whiplash Injury Solicitor

A solicitor can guide you through the claims process, gather supporting evidence, and ensure your claim is submitted correctly and within the three-year limitation period that applies to most personal injury claims.

Calculate Your Compensation

Your solicitor will help assess both your general and special damages, ensuring that all relevant losses are included in your claim.

Why Use a Solicitor for a Whiplash Injury Claim?

The whiplash claims process can be complex, particularly following recent legislative changes. Working with an experienced personal injury solicitor ensures that your rights are protected and that your claim is handled efficiently.

Solicitors can:

  • Advise on eligibility and claim value
  • Gather medical and expert evidence
  • Negotiate with insurers
  • Represent you if court proceedings are required

How NJS Law Can Help With Your Whiplash Injury Claim

At NJS Law, our dedicated whiplash injury claims team provides clear, honest, and practical advice to help you navigate what can feel like a complicated process.

We handle most whiplash claims on a No Win, No Fee basis, giving you peace of mind and allowing you to focus on your recovery while we manage the legal aspects of your case.

Our NJS Law Personal Injury Specialists are sympathetic, experienced, and committed to achieving the best possible outcome for you. We offer a free, no-obligation consultation to discuss your situation and advise on your next steps.

Conclusion

Whiplash injuries can be painful, disruptive, and frustrating, but compensation can help ease the financial and emotional burden of recovery.

If you believe you may be entitled to make a whiplash injury claim, seeking legal advice early can make a significant difference. At NJS Law, we are here to support you through every stage of the claims process and help you move forward with confidence.

Contact us today to discuss your whiplash injury claim and find out how we can help.

CONTACT US

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

Ask NJS

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.