NJS BREAKING NEWS!

Flat block stairs with no lighting cause man to fall. As a result, he has been awarded £6,000         Debris from house, which was hit by drunk driver, falls onto bystander, who has now been compensated £8,500 for his injuries.        Improperly placed gas bottles causes worker full body injuries, which he has now been awarded £9,500 for.        Man slips in supermarket as no wet floor signs were placed. He has been awarded £5,000 following the incident.        

Call Us Free 0800 6525 656
Call Us Free 0800 6525 656
Trustpilot

Author: mcpicadofelipe

Categories
Road Traffic Accident

Personal Injury As A Passenger – How to Claim

mcpicadofelipe

Few of us think about the trust we must place in the driver of a vehicle we are travelling in. It is unlikely that you question the competence of a taxi or bus driver when you get a ride home after a night out. Booking an airport transfer? You assume that because a professional is driving, you will arrive safely. And what about jumping in a car driven by a friend? Surely nothing bad could happen. Unfortunately, statistics show that it can, and it does.

Latest statistics from 2021 show that road traffic accidents (RTAs) resulted in 25,892 people being seriously injured and 1,558 losing their lives. A vast majority of reported RTAs involved motor vehicles. There were 34 incidents concerning buses and coaches.

If you receive a moderate to severe personal injury following an RTA you may have a personal injury claim. Navigating the claims process can be confusing, which is why we have created this helpful guide on the topic. However, you can always call our office at any time to make an appointment with one of our highly experienced Personal Injury Solicitors.

How do RTAs happen?

It only takes a second of inattention for an RTA to occur. According to research, over one third (38%) of accidents occur due to the driver not looking properly. Other top reasons for RTAs include:

  • Failing to judge another vehicle’s speed.
  • Careless, reckless, or hurried driving.
  • Poor turn or manoeuvre.
  • Loss of control.
  • Pedestrian failing to look properly.
  • Slippery road conditions.
  • Driving too fast for the conditions.
  • Excessive speed.
  • Sudden breaking.

The speed the vehicle is travelling at upon impact can make a crucial difference to the chance of serious injury occurring. One research paper examining the link between speed and serious injury concluded:

“An increase in impact speed was found to increase the risk of serious injury for restrained light vehicle occupants in front, side, rear, and head on impacts with other light vehicles. Head on crashes were found to have the lowest impact speed for any given level of risk. The risk of serious injury reaches 1% at 28 km/h for head on impacts, 51 km/h for side impacts, 64 km/h for front impacts and 67 km/h for rear impacts.”

For passengers, an RTA can be especially terrifying as they may have no warning that an accident is imminent.

What type of injuries are caused by car accidents?

RTA injuries can be sorted into two categories:

a) Impact injuries – if two vehicles going 50 mph collide, the combined force is 100 mph. If your body hits another part of the vehicle going at this type of speed, serious injury is pretty much inevitable. Even hitting a stationary vehicle at 30 mph is enough to result in impact injuries, especially if the main concentration of force is in the passenger seat location.

Closed head injuries can easily occur in an RTA as the impact of the collision can force the head to twist or be thrown forward in unnatural ways. This can lead to the brain suffering tears and bleeding. This type of quick movement is also a cause of whiplash, which can lead to serious long term health consequences if serious. 

Passengers can also suffer internal injuries and bleeding in high impact RTAs, due to organs being forced violently against each other or the rib cage. Ribs can also break and lacerate internal organs.

b) Penetrating injuries – deep gashes, eye injuries, facial disfigurement, and broken bones can all result from shattering glass or parts of the car/s coming loose and smashing into your body. In extreme cases, penetrating injuries can result in amputations.

What should I do if I am a passenger injured in a car accident?

If you have been seriously injured, you will be taken to hospital and treated. As soon as possible, you or a family member must contact a Personal Injury Solicitor to establish whether or not you have a valid personal injury claim. Contrary to some media-driven negative stereotypes, Personal Injury Solicitors have a strong desire to help clients get the funds and care they need so they can recover as swiftly as possible.

One element of this is following the Rehabilitation Code which provides a voluntary framework for both sides of a personal injury claim (normally you and the other party’s insurer) to work together with the aim of using rehabilitation and early intervention in the compensation process to ensure you, as the injured person, makes the best and quickest possible medical, social, and psychological recovery.

Will I have to go to Court?

A vast majority of RTA passenger injury claims are settled well before they end up in Court. This is because an experienced Personal Injury Solicitor can quickly ascertain liability using the police reports and your medical records. Disputes can develop around the amount (quantum) of damages awarded. If so, your Solicitor may call in an expert witness, usually a medical professional specialising in the type of injury you have suffered, to provide a report on your prognosis and the long-term consequences of your injury.

Wrapping up

Receiving moderate to serious injuries as a motor vehicle passenger can have life-changing consequences. However, this does not mean that you cannot have a healthy, happy future. What makes the difference is instructing an experienced, compassionate, responsive Personal Injury Solicitor who will focus on getting you the compensation you need to aid your recovery and fund any changes required to your home, career, and lifestyle as well as providing support to you and your family.

Our team has decades of combined experience in successfully advising and representing passengers who have been injured on motor vehicle accidents. We are sympathetic and understanding and are here to help you every step of the way.

CONTACT US

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

01625 667 262
injury@njslaw.co.uk

Ask NJS Law

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

Contact Us

FAQ

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

Read More
Categories
Accident at Work

Claim For Work Accident: The Ultimate Guide

mcpicadofelipe

Most of us take for granted that we will return safely from work at the end of the day. Unfortunately, this is not always the case. HSE figures for 2021/22 show that over half a million workers (565,000) sustained an injury at work. Tragically, 135 workers never made it home, having lost their lives on the job.

If you are injured in the workplace, compensation is vital to ensure you can continue to pay your bills if you are off work for an extended period as well as fund private rehabilitation to speed up your recovery. In this comprehensive guide, we set out how to claim for a workplace personal injury and how an experienced Solicitor can increase your chances of making a successful claim against your employer.

What are the most common types of workplace injuries?

Workplace injuries can range from a minor papercut through to catastrophic brain or spinal injuries that require permanent 24/7 care. The most common type of personal injuries suffered at work include:

  • Slips, trips, and falls – wet floors, uneven surfaces, poor lighting, or cluttered work areas can result in a variety of injuries, including sprains, fractures, back, and head injuries.
  • Overexertion injuries – typically occur due to repetitive movements or lifting heavy objects, actions that are often required in manual labour jobs. Overexertion can result in musculoskeletal disorders, such as sprains, strains, and hernias.
  • Falling objects – in certain environments such as warehouses, agricultural, or construction sites, without a comprehensive health and safety risk assessment in place, workers can easily be struck by falling objects. Resulting injuries can range from a mild concussion to crushed limbs and catastrophic brain injuries to name but a few.
  • Machine entanglement – operating heavy can lead to clothes or body parts such as fingers becoming entangled or crushed. Gashes, crush injuries, and in worst case scenarios, amputations can result.
  • Being hit by a moving vehicle – this type of accident can lead to broken bones, whiplash, or traumatic brain and injuries.
  • Repetitive Strain Injury (RSI) – commonly affects office workers who use keyboards extensively and factory workers repeating the same types of movements over a long period of time.
  • Burns – these are a risk in jobs that involve exposure to open flames, hot objects, chemicals, or electrical equipment. Burns can cause lifechanging disfigurement as well as extensive long term pain and care requirements.
  • Hearing loss – continual exposure to loud noise can lead to noise-induced hearing loss, particularly in industries like manufacturing, construction, agriculture, and aviation.
What should I do if I suffer a personal injury in the workplace?

There are steps you can take to increase your chances of achieving a successful personal injury claim. The below assumes that you are capable of making decisions and taking certain actions. If this is not the case, you do not need to worry. An experienced Personal Injury Solicitor will talk with you about what happened and collate the necessary evidence from your workplace’s accident record book, witness statements, and medical records.

If you can, try and do the following:

  • Seek medical attention
    Your health is the number one priority. Not only is immediate medical attention crucial for your wellbeing, but it also provides an official record of your injuries. Ensure you have copies of your medical records that show the extent of your injuries, the treatment required, and your prognosis.
  • Report the incident
    Businesses with ten or more employees must have a means of recording the details of all accidents that result in injury and records must be kept for three years. Find out where your organisation’s accident report book/spreadsheet/database is and ensure it is filled in with all the details of the event. If there is no accident report book, ask your employer to make a written record of what happened and provide you with a copy.
  • Collect evidence of the accident
    If possible, take photos of the scene of the accident, highlighting any hazardous conditions that may have contributed to the incident. If there were any witnesses, try to obtain their statements and contact information. Additionally, make a note of the incident in as much detail as possible while it’s fresh in your mind.
  • Track Costs and Losses
    By keeping a record of all your direct costs such as medical bills, travel expenses to and from medical appointments, and modifications to your home and/or vehicle, as well as indirect costs, such as lost income due to time off work will assist your Personal Injury Solicitor calculate the amount of damages to claim for.
  • Instruct an experienced Workplace Injury Solicitor
    Your choice of Solicitor can greatly impact your chances of making a successful workplace injury claim. They will guide you through the legal process, gather evidence (including evidence from expert witnesses), negotiate with the other party, and, if necessary, represent you in Court (or instruct a Barrister to do so. They will also advise you on whether your claim is within the timeframe set by the Limitation Act 1980. Under the Act, you generally have three years from the date of the workplace accident to make a claim. However, exceptions can apply, such as in cases where the effects of the injury were not immediately apparent.

    Even if you think you may have left it too late to make a Workplace Injury Claim, talk to a Solicitor as they may spot a way to argue that the Court should use its discretion to allow the claim.

How do I pay for legal fees in a workplace accident claim?

Most Workplace Injury Solicitors offer a ‘no win, no fee’ agreement. This means that if you lose your case, you will not have to pay for legal advice; however, you may be required to pay for any disbursements (expenses) associated with your claim.

Can my employer dismiss me for making a compensation claim?

Absolutely not. And if you are dismissed, you may have a further claim in the Employment Law Tribunal for unfair dismissal.

You may feel guilty for bringing a compensation claim against your employer; however, you must remember that it is compulsory for all business owners who have employees to hold Employee Liability Insurance for at least £5 million to cover any personal injury claims. You will not be putting their business or personal finances at risk by making a claim for the funds you need to recover your health and pay you and your family’s expenses if you cannot work.

Wrapping up

Claiming for a personal injury at work can seem daunting. However, by instructing an experienced Personal Injury Solicitor to provide advice and representation and be by your side throughout the entire claims journey, you will be free to focus on your recovery, your family, and rebuilding your life.

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

Our NJS Law Personal Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.

CONTACT US

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

01625 667 262
injury@njslaw.co.uk

Ask NJS Law

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

Contact Us

FAQ

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

Read More
Categories
Personal Injury

A Comprehensive Guide to Personal Injury Claims

mcpicadofelipe

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

Understanding Personal Injury Claims

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

Common Types of Personal Injury Claims

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

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

 

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

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

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

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

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

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

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

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

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

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

Our NJS Law Personal Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.

CONTACT US

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

01625 667 262
injury@njslaw.co.uk

Ask NJS Law

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

Contact Us

FAQ

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

Read More
Categories
Damp & Mould Disrepair

Takeaways from New Report into Damp and Mould in Social Housing

mcpicadofelipe

On 28th June 2023, the Regulator of Social Housing published a report on damp and mould in social housing stock. The paper was created in response to the Coroner’s report on the tragic death of two-year-old Awaab Ishak in Rochdale, in which damp and mould present in the toddler’s home was found to have contributed to his death.

What was the focus of the report into damp and mould in social housing?

After the Coroner had published his report, the Regulator asked all large registered providers of social housing to submit evidence concerning the extent of damp and mould in their housing stock and their approach to tackling it. The initial findings from 386 responses were published in February this year and showed:

  • Most social housing providers are aware of damp and mould issues in their housing stock and are actively trying to deal with the issue; however, more could be done.
  • A majority of social housing tenants live in premises free from damp and mould; however, where it is present, it can negatively impact on a tenant’s health and wellbeing.
  • Some landlords submitted poor quality responses that raised red flags concerning their proactiveness and commitment in tackling damp and mould issues.
  • RSH’s best estimate is that less than 0.2% of social homes have the most serious damp and mould problems, 1-2% have serious damp and mould problems, and a further 3-4% have notable damp and mould.

Eight local authority landlords provided extremely poor responses, highlighting that some:

  • Did not have up-to-date and detailed stock data and condition surveys.
  • There was no clear processes and procedures for dealing with damp and mould issues.
  • Could not identify homes within their portfolios that were damp and mouldy.

These eight landlords are engaging with the Regulator. In addition, since the Coroner’s report, the Regulator has received 12 self-referrals from landlords for potential breaches of the Home Standard due to damp and mould and 38 referrals from other sources. The Home Standard sets expectations for registered providers of social housing to provides tenants with quality accommodation and a cost-effective repairs and maintenance service.

Why do some social housing providers struggle to manage damp and mould complaints?

There is a familiar saying provider of social housing are all aware of, namely – “the sector is awash with data, but information is in short supply.”

In 2022, the Better Social Housing Review called for a nationwide audit to be undertaken to gain a “comprehensive, consistently measured picture of the state of social housing across the country”.

“Many stakeholders we spoke with suggested that housing associations both need to be more proactive about getting on top of data on quality and to make more effective use of what is already known.”

It needs to be acknowledged that the social housing sector is facing the same external pressures as many other public bodies, such as insufficient staff, continual budget cuts, and rising prices. However, the Better Social Housing Review makes clear that providers need to up their game in many areas:

“…we urge every housing association to have the courage to ask themselves difficult, but necessary, questions about the reality of all the homes they provide, and the service given to all their tenants, so that real progress can continue to be made.”

Another reason tenants often struggle to get their social housing landlord to take action is because in the past, there has sometimes been a tendency to blame the tenant for failing to ventilate the property or doing things that can cause condensation such as drying clothes indoors. This has led to situations where the tenant is forced to waste time defending their actions and behaviours to a landlord who is in no hurry to fix the problem because they are under the misconception that it is self-inflicted.

What are the recommendations for improving damp and mould in social housing?

The key recommendations from the Better Social Housing Review include:

1. Housing associations need to go back to evaluating their performance against their core purpose – to provide decent, safe homes for those who cannot afford to rent in the private sector.

2. A full audit of social housing stock must be undertaken.

3. Each housing association should ask tenants, frontline staff, and contractors to work together to review how the organisation deals with maintenance and repairs.

4. Housing associations need to focus on recruiting and retaining housing officers so officers’ existing ‘patch’ sizes can be reduced.

5. Tenants should be empowered to lead investigations and reviews.

6. Providers should increase engagement by setting up and/or utilising more community-based hubs.

7. Housing associations should support tenants and frontline staff to undertake an annual review of the progress each organisation is making in fulfilling this review’s recommendations.

Wrapping up

Along with implementing the above suggestions, the social housing sector is awaiting the enactment of the Social Housing (Regulation) Bill 2022-23, which at the time of writing was in the final stages of the consideration of amendments. The most crucial step for tenants living in damp and mouldy houses is to contact our Housing Disrepair Solicitors immediately so we can assess your situation and take steps to force your landlord to make your home safe and habitable.

How NJS Law can help you with damp and mould repairs

NJS Law is one of the few housing disrepair solicitors across England and Wales who have a professional and dedicated legal team to ensure that your repairs are completed and more importantly get your home into the excellent condition that you deserve.

We can help you with the following aspects:

– Instruct a surveyor to assess the disrepair and provide a report to use as evidence.

– If necessary, legally ensure your housing association or council completes all your repairs.

– Claim compensation for you for the period of time your property has been in disrepair.

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

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

Contact us today to discuss your claim.

Ask NJS Law

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

Contact Us

FAQ

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

Read More
Categories
Housing Disrepair Claims

Housing Disrepair Claim vs Housing Ombudsman Complaint

mcpicadofelipe

When renting a property, tenants have certain rights that are protected by law. One of these rights is the right to live in a safe and well-maintained home. However, sometimes landlords fail to maintain their properties, leading to disrepair and potentially hazardous living conditions for tenants. In such cases, tenants have two options: they can make a housing disrepair claim and/or file a complaint with the Housing Ombudsman, after the landlord’s internal complaints process has been exhausted.

The tenants have the right to use both legal options.

In this article we are going to describe each option and why to pursue both.

What is a Housing Disrepair Claim?

A housing disrepair claim is a legal action that tenants can take against their landlords for failing to carry out necessary repairs to their rented property. To make a disrepair claim, tenants must demonstrate that the property is in need of repairs that are the responsibility of the landlord, and that the landlord has failed to address the issue.

Examples of disrepair can include structural issues such as damp, leaks, heating and or electrical issues…If a tenant can prove that their landlord has neglected these issues, they may be entitled to compensation for any damage or inconvenience caused.

To make a disrepair claim, tenants must first inform their landlord of the issue and allow a reasonable amount of time for the landlord to address the problem. If the landlord fails to respond or take action, tenants may then choose to pursue a disrepair claim.

 

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

Average Compensation - £1,895
We work on a NO WIN NO FEE basis
to get your home put right and to get you compensated!
What is a Housing Ombudsman Complaint?

The Housing Ombudsman is an independent body that investigates complaints made by tenants about their landlords. The ombudsman’s role is to resolve disputes between landlords and tenants, and to ensure that landlords are meeting their legal obligations to provide safe and well-maintained properties.

To file a complaint with the Housing Ombudsman, tenants must first exhaust their landlord’s internal complaints procedure. This means that tenants must submit a formal complaint to their landlord and allow a reasonable amount of time for the landlord to respond. If the landlord fails to resolve the issue, tenants can then escalate the complaint to the Housing Ombudsman.

The Housing Ombudsman has the power to investigate complaints and to make recommendations to landlords to resolve the issue. The Housing Ombudsman can award compensation. However, it may be lower than what you would receive by pursuing your landlord through legal action.

Enforcement action cannot be taken against your landlord if they fail to comply with the Ombudsman’s decision.

Which Option is Right for You?

Whether to pursue a housing disrepair claim or file a complaint with the Housing Ombudsman depends on the individual circumstances of each case. If a tenant is seeking compensation for damages or financial losses incurred as a result of disrepair, then a disrepair claim may be the best option.

On the other hand, if a tenant is primarily seeking to resolve the issue and ensure that their landlord is meeting their legal obligations, then a complaint to the Housing Ombudsman may be more appropriate. The Ombudsman will only award compensation if they find evidence of maladministration.

Conclusion

Tenants have the right to live in safe and well-maintained properties, and landlords have a legal obligation to ensure that their properties are properly maintained. When landlords fail to meet their obligations, tenants have options available to them, including making a housing disrepair claim and/or filing a complaint with the Housing Ombudsman.

Tenants can raise a complaint with the Housing Ombudsman and make a housing disrepair claim.

By taking action, tenants can ensure that their rights are protected, and that their living conditions are improved.

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

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

Contact us today to discuss your claim.

Alex Cooke

Ask NJS Law

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

Contact Us

FAQ

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

Read More
Categories
Cosmetic Negligence

Collecting Relevant Evidence Is The Foundation Of A Strong Cosmetic Negligence Claim

mcpicadofelipe

Cosmetic surgical procedures, both invasive and non-invasive, are sought by many people of all ages nowadays and can help boost confidence, and generally help individuals feel good. However, they can and do go wrong, even in expert hands, and there is a large market of practitioners purporting to have the skills they don’t possess. Caution should be exercised in seeking out an appropriately qualified specialist, and it is quite reasonable to ask for evidence of qualifications and whether or not the practitioner is insured of carrying out his or her business.

When it comes to seeking justice and compensation for any negligent cosmetic surgery that has gone wrong, gathering detailed evidence forms the foundation of a strong legal case. So, let’s shed some light on the key aspects of collecting evidence to support your claim!

Document Everything: From the moment you suspect that something has gone awry with your cosmetic procedure, start documenting every detail. Keep a record of all communication with the cosmetic professional involved, including emails, text messages, and phone calls. Take note of dates, times, and the content of conversations. These records can provide valuable evidence to support your claim.

Preserve Medical Records: Medical records are vital pieces of evidence in any cosmetic negligence case. These records can reveal important details about the treatment, potential complications, and any deviations from standard practices.

Gather Photographs: A picture speaks a thousand words, and in a cosmetic negligence claim, photographs can be incredibly powerful evidence. Take clear and detailed photos of your appearance before the procedure, as well as photos showing any complications, injuries, or undesirable outcomes afterward. Make sure to include timestamps on the photos to establish a timeline.

Financial Documentation: Keep track of all expenses incurred as a result of cosmetic negligence, including medical bills, additional treatments or corrective procedures, prescription medications, and any other related costs. These financial records can demonstrate the extent of the harm caused and the impact it has had on your life.

Remember, collecting relevant evidence is the backbone of a strong cosmetic negligence claim. It demonstrates the extent of the harm caused, establishes the link between the negligence and your injuries, and helps you build a persuasive case. By following these steps and seeking professional advice, you can increase your chances of obtaining the justice and compensation you deserve.

If a mistake was made during your cosmetic surgery treatment, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.

Our team has decades of combined experience in dealing with Cosmetic Negligence Claims.

Our NJS Law Cosmetic Negligence Specialists are sympathetic, understanding, and can help you to a successful outcome.

We will normally be able to help you on a No Win No Fee Agreement basis and will explain what this means when we speak to you.

Please call us on 01625 667 263 to book your consultation with our experienced cosmetic negligence team.

Ask NJS Law

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

Contact Us

FAQ

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

Read More
Categories
Birth Injury

The NHS Spends Double The Amount On Maternity Pay-Outs Compared To The Actual Cost Of Providing Care

mcpicadofelipe

Analysis reveals that the compensation expenses for mothers and their families due to harm caused by NHS maternity services surpasses more than twice the amount spent by the health service on such care annually.

As per the latest annual report by NHS Resolution, the entity responsible for managing litigation within the Department of Health and Social Care, the total cost of clinical negligence-related harm in the 2021-22 reporting period amounted to £13.6 billion. Among this, maternity claims accounted for 60% of the expenses, totalling £8.2 billion for the year. Confirming earlier findings, a board paper published in March disclosed that NHS England allocates £3 billion each year specifically for maternity and neonatal services.

The cost of harm is determined by the present value of the estimated expenses associated with claims expected or received during the financial year. This includes the projected lump sum owed for claims, future periodic payments, and legal costs.

“We spend more on the cost of harm, when we could be spending more on prevention,” said James Titcombe, a bereaved father and campaigner at the Baby Lifeline charity.”

“Analysis by the Times Health Commission, following independent research by the charity Baby Lifeline, found that there were more than 10,000 clinical negligence claims brought against the NHS in 2021-22, with a total value of over £6 billion. Of those claims, 12 per cent were for obstetrics, accounting for 62 per cent of the total value, or £3.74 billion.”

Litigation claims against the NHS often take years to settle, leaving the NHS with significant financial liabilities as claims add up over time.

“For the families affected, the last thing on their mind is litigation,” Titcombe said. “They want the organisation to learn and they want to heal. They don’t want to be dragged through legal processes that re-traumatise them for years and years.”

In 2021-22, the health service’s financial liabilities for obstetrics claims reached £41.5 billion — £36.8 billion of which was for claims of negligence causing cerebral palsy or brain damage.

The NHS said: “Over the last decade, the NHS has made improvements to maternity services in England — with many fewer stillbirths and neonatal deaths — but we know further extensive action is needed to improve the experiences of women and their families across the country.”

Clinical negligence in maternity services can be a life change and devastating.

Making a claim can give you a sense of justice and can help to drive process changes to try to avoid other people going through similar experiences.

Our NJS Law Medical Negligence Specialists are sympathetic, understanding, and are here to help you every step of the way.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email (medical@njslaw.co.uk) or phone at 01625 667 262.

*Source: Maternity payouts cost NHS twice the price of care itself (thetimes.co.uk)

Ask NJS Law

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

Contact Us

FAQ

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

Read More
Categories
Serious Injury

Traumatic Brain Injury Claim: Know Your Rights and Seek Justice

mcpicadofelipe

Have you or a loved one recently experienced a traumatic brain injury (TBI) due to an accident or negligence? It’s crucial to understand your rights and take appropriate action to seek justice and compensation for the damages caused. Today, we clear up on the significance of traumatic brain injury claims and why it’s essential to pursue legal recourse.


Understanding Traumatic Brain Injury


Traumatic brain injuries occur when a severe blow or jolt to the head disrupts the normal functioning of the brain. They can result from various incidents such as motor vehicle accidents, falls, workplace accidents, sports-related injuries…. TBIs can have far-reaching consequences, affecting cognition, memory, behaviour, and overall quality of life.


After a TBI, it is crucial to receive immediate medical attention for evaluation, diagnosis, and stabilization. This may involve imaging tests, neurological assessments, and interventions to prevent further damage.


In the initial stages of recovery, individuals with severe TBIs may require specialized care in an acute care setting or inpatient rehabilitation facility: a multidisciplinary team of healthcare professionals, including physicians, neurologists, physical therapists, occupational therapists, speech therapists, and psychologists providing intensive care, therapy, and support.


For individuals with more severe or complex TBIs, long-term rehabilitation may be necessary. This can involve ongoing therapy, vocational rehabilitation, and support services to facilitate community reintegration and improve overall quality of life.


Every TBI is unique, and rehabilitation needs vary depending on the severity of the injury and the specific impairments experienced.


Available Support and Resources for Families


When a family member sustains a TBI, it can significantly affect the dynamics, roles, and emotional well-being of everyone involved. The impact can vary depending on the severity of the injury, the person’s pre-injury abilities, and the support network available. Some common challenges families face include:


1. Emotional and Psychological Impact: Families may experience a range of emotions such as shock, grief, anxiety, guilt, and frustration. Adjusting to the changes in their loved one’s personality, behavior, and cognitive abilities can be emotionally challenging.


2. Role Changes and Increased Responsibilities: The TBI may require family members to take on new roles and responsibilities, such as becoming a caregiver, managing medical appointments, coordinating therapies, and providing daily assistance with personal care, mobility, or communication.


3. Financial Strain: The costs associated with medical care, rehabilitation, and ongoing support services can place a significant financial burden on families. Additionally, the injured person may be unable to work, resulting in reduced income or the need for family members to leave their jobs to provide care.


It is essential for families to seek guidance from healthcare professionals, social workers, and support organizations specializing in TBI. They can provide personalized advice, connect families with appropriate resources, and offer ongoing support as the family navigates the challenges associated with TBI.


The Importance of Traumatic Brain Injury Claims


Filing a traumatic brain injury claim can help you or your loved one receive the support and compensation necessary to cope with the physical, emotional, and financial aftermath of such an injury. Compensation may cover medical expenses, ongoing rehabilitation and therapy costs, loss of income, pain and suffering, and diminished quality of life. By pursuing a claim, you not only seek financial indemnification but also hold the responsible parties accountable for their actions.


Time Limitations for Filing a Claim


It’s vital to understand that there are time limitations, known as statutes of limitations, for filing a traumatic brain injury claim. These limitations vary depending on the jurisdiction and the nature of the incident. Therefore, it’s crucial to consult with an experienced personal injury solicitor promptly to ensure you meet the necessary deadlines and don’t lose your right to seek compensation.


Seeking Legal Representation


When dealing with traumatic brain injury claims, it’s highly recommended to seek the guidance of a skilled personal injury lawyer who specializes in brain injury cases. A solicitor with expertise in this field will have in-depth knowledge of the legal complexities involved, access to medical experts, and the ability to gather crucial evidence to support your claim. They will advocate for your rights, negotiate with insurance companies, and fight for the maximum compensation you deserve.


Your Journey to Justice Begins Today


Remember, traumatic brain injuries can have a profound impact on your life and the lives of your loved ones. By initiating a traumatic brain injury claim, you are taking a powerful step towards obtaining justice, financial relief, and the necessary resources for your recovery and rehabilitation.


If you or a loved one you have suffered a traumatic brain injury, don’t wait any longer. Contact us today to discuss your case and explore your legal options. Your voice deserves to be heard, and you have the right to pursue compensation for the damages you’ve endured.


We do this by not only ensuring that you receive appropriate levels of compensation which will cover your future needs but also by arranging and coordinating treatment and rehabilitation which will help to improve your standard of living.


Our team has decades of combined experience in successfully advising and representing clients in brain injury cases. We are sympathetic and understanding and are here to help you every step of the way.


Call us on 01 625 667166 or email us today to discuss your claim.

Ask NJS Law

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

Contact Us

FAQ

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

Read More
Categories
Pedestrian Accident

How To Claim Compensation For A Pedestrian Accident

mcpicadofelipe

In 2021, an average of eight pedestrians died and 115 were seriously injured (adjusted) per week in reported road collisions. Statistics also show that “the most common contributory factor allocated to pedestrians in fatal or serious collisions with another vehicle was ‘Pedestrian failed to look properly.’ The most common factor allocated to the vehicles involved was ‘Driver or rider failed to look properly’”.

Pedestrian accidents can cause severe physical and emotional trauma, impacting a person’s life in several ways. Seeking compensation not only provides the victim with a sense of justice, but it can also be essential for obtaining the funds required to access quick, effective rehabilitation.

What are the common injuries associated with pedestrian accidents?

Pedestrian accidents can result in various injuries, ranging from minor to severe. Examples include:

  • Soft Tissue Injuries – these include bruises, sprains, strains, and contusions. Soft tissue injuries are common in pedestrian accidents due to the impact of the collision, which can cause damage to muscles, tendons, and ligaments.
  • Fractures – pedestrians can suffer bone fractures, such as broken arms, legs, wrists, hips, or ribs, when they are struck by a vehicle. Fractures can vary in severity, from hairline fractures to compound fractures that break through the skin.
  • Head Injuries – head injuries are common in pedestrian accidents. These injuries can range from concussions and contusions to more severe traumatic brain injuries (TBI). Head injuries can have long-term effects on cognitive function and overall well-being.
  • Back and Spinal Cord Injuries – when a pedestrian is hit by a vehicle, the impact can lead to back injuries, such as herniated discs, spinal fractures, or damage to the spinal cord. Spinal cord injuries can result in partial or complete paralysis, depending on the location and severity of the injury.
  • Internal Organ Damage –the force of impact can cause internal injuries, such as damage to the liver, kidneys, spleen, or lungs. These injuries may require immediate medical attention and can be life-threatening if not promptly treated.
  • Cuts, Lacerations, and Abrasions – pedestrians may suffer from cuts, lacerations, and abrasions due to contact with the vehicle or the road surface. These injuries can range from minor cuts requiring stitches to more severe lacerations that may damage nerves, blood vessels, and tissue.
  • Psychological Trauma -being involved in a pedestrian accident can also result in psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, or depression.

It is important to note that the severity of injuries can vary greatly depending on factors like the speed of the vehicle, the point of impact, and the overall health of the pedestrian. Older people and children may suffer greater damage than a fit, strong adult.

How much time do I have to bring a personal injury claim for a pedestrian accident?

In most cases, you must bring a claim for personal injury within three years of the accident. If you try and bring a claim after three years, time limit, have passed, the defendant will apply to the Court to have your claim struck out. The Court does have the discretion to waive the limitation period and allow the claim; however, this is extremely rare, and you will need to provide solid evidence that there is good reason for the Court to use its discretion.

There are exceptions to the limitation rule including:

  • Children – if the accident occurred when the victim was a child, the three-year limit begins to run after they turn 18 years old.
  • Date of knowledge – in some cases it can be difficult to establish when the negligence took place. Therefore, the limitation period begins to run from the date the victim became aware of the injury which resulted from the negligence (referred to as the ‘date of knowledge’). This is rare in pedestrian accident claims.
  • Lack of capacity – if the victim suffers an injury which results in them losing capacity to bring a claim, the limitation period begins to run from the date they regained capacity. If they never regain capacity, a claim can be brought at any time by a Litigation Friend.
  • Death – if the victim dies from their fatal injuries their estate can bring a claim within three years of the date of the victim’s death.

Even if you suspect the limitation limit has passed it is still crucial to talk to a Personal Injury Solicitor who can advise you of your options and claim process.

How do I prove negligence in a pedestrian accident case?

To succeed in a personal injury claim, you need to prove, on the balance of probabilities that:

  1. The Defendant owed you a duty of care,
  2. They breached that duty, and
  3. This resulted in you suffering damage.

There are various things you can do to support your claim, including:

  • Keeping all hospital and medical records.
  • Collecting the names and contact details of any witnesses to the accident.
  • If possible, take photographs of the accident scene.
  • Ensure the police are called and take a copy of the police report.

Pedestrian accidents can have life-altering consequences, leaving victims physically, emotionally, and financially devastated. Making a personal injury claim is a vital step towards rebuilding your life. By instructing an experienced Personal Injury Lawyer, you will give yourself the best chance of being awarded compensation. This will allow you to focus on your recovery and move forward to a positive future.

Our team has decades of combined experience in successfully advising and representing clients in personal injury cases resulting from pedestrian accidents. We are sympathetic and understanding and are here to help you every step of the way.

Call us on 01 625 667166 or email us today to discuss your claim.

Ask NJS Law

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

Contact Us

FAQ

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

Read More