Author: mcpicadofelipe

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

Post author By mcpicadofelipe
Post date 23 June 2023

mcpicadofelipe

June 23, 2023

New analysis shows that compensation paid to families harmed by NHS maternity services now costs more than double what the NHS spends on maternity care each year. The figures highlight the growing financial and human cost of clinical negligence in maternity services across England.

According to the latest annual report from NHS Resolution – the body responsible for handling litigation on behalf of the Department of Health and Social Care – the total cost of clinical negligence-related harm in 2021-22 reached £13.6 billion.

Maternity Claims Account for the Majority of NHS Negligence Costs

Of this total:

Maternity negligence claims made up 60% of all costs
This equates to £8.2 billion in a single year

By comparison, a board paper published in March confirmed that NHS England spends approximately £3 billion annually on maternity and neonatal services – less than half the cost of compensation arising from harm.

How the Cost of NHS Clinical Negligence Is Calculated

The cost of harm reflects the present value of claims expected or received during the financial year, including:

Lump-sum compensation payments
Future periodic payments
Legal and administrative costs

Many NHS maternity claims, particularly those involving birth injuries, cerebral palsy, or brain damage, can take years to resolve, significantly increasing long-term financial liabilities.

Thousands of Claims and Billions in Compensation

Independent research by the charity Baby Lifeline, analysed by the Times Health Commission, found that:

Over 10,000 clinical negligence claims were brought against the NHS in 2021-22
These claims were valued at more than £6 billion
Only 12% related to obstetrics, yet they accounted for 62% of the total value – £3.74 billion

In total, NHS obstetrics-related liabilities reached £41.5 billion, with £36.8 billion linked to negligence causing cerebral palsy or brain damage.

Families Want Learning and Accountability - Not Prolonged Litigation

James Titcombe, a bereaved father and campaigner with Baby Lifeline, said:

“We spend more on the cost of harm, when we could be spending more on prevention.”

He added that families affected by maternity negligence are not driven by financial gain:

“For the families affected, the last thing on their mind is litigation. 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.”

NHS Response on Maternity Safety

An NHS spokesperson stated:

“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.”

Making a Maternity Negligence Claim

Why Families Chose to Make a Medical Negligence Claim

Clinical negligence in maternity care can be life-changing and devastating for both parents and children.

While no compensation can undo the harm, making a medical negligence claim can:

Provide a sense of justice
Secure vital financial support for ongoing care
Help drive systemic improvements to prevent future harm

Speak to Specialist Medical Negligence Solicitors

NJS Law Medical Negligence Expertise

Our NJS Law Medical Negligence Specialists are experienced in handling NHS maternity negligence claims, including cases involving:

Birth Injuries
Cerebral Palsy
Delayed diagnosis or poor obstetric care

We offer sympathetic, confidential support and will guide you through every step of the process.

Contact Our Medical Negligence Team

Call: 01625 667 262

Email: medical@njslaw.co.uk

Free, no-obligation consultation available

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

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Tags clinical negligence, Medical Negligence

Serious Injury

Traumatic Brain Injury Claim: Know Your Rights and Seek Justice

Post author By mcpicadofelipe
Post date 19 June 2023

mcpicadofelipe

June 19, 2023

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.

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Tags Personal Injury, Serious Injury

Pedestrian Accident

How To Claim Compensation For A Pedestrian Accident

Post author By mcpicadofelipe
Post date 15 June 2023

mcpicadofelipe

June 15, 2023

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:

The Defendant owed you a duty of care,
They breached that duty, and
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.

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Tags pedestrian accident claims, Personal Injury

Medical Negligence

Secondary Victims and Psychiatric Injury in Clinical Negligence Claims

Post author By mcpicadofelipe
Post date 6 June 2023

mcpicadofelipe

June 6, 2023

The question of whether a person who witnesses a traumatic event caused by another’s negligence can claim compensation for psychiatric injury has long challenged the courts. On the surface, it may seem fair that a secondary victim who develops mental health difficulties should receive compensation. However, the courts must also prevent an unmanageable expansion of liability.

For that reason, judges have consistently sought to strike a careful balance. Without strict limits, a vast number of claims could arise from people who witness distressing events indirectly. To illustrate the concern, if everyone who watched the events of 11 September on television could bring a claim, the legal system would struggle to function effectively.

As a result, the law surrounding secondary victim claims has developed cautiously and remains tightly controlled.

The Legal Test for Secondary Victim Claims

The law on secondary victims in personal injury cases is well established. The leading authority is Alcock v Chief Constable of the South Yorkshire Police [1992] 1 AC 310, which arose from claims following the Hillsborough disaster.

In Alcock, Lord Oliver identified five key elements that a secondary victim must prove to establish sufficient proximity to both the primary victim and the traumatic event:

A close relationship of love and affection, typically a marital or parental relationship
A sudden and unexpected shock to the claimant’s nervous system
Physical presence at the scene of the accident or its immediate aftermath
Psychiatric injury caused by witnessing the death, serious injury, or extreme danger to the primary victim
Close physical and temporal proximity between the event and the claimant’s perception of it

In addition, it must have been reasonably foreseeable that a person in the claimant’s position would suffer psychiatric injury as a result of those combined circumstances.

In practice, this creates a very high threshold. Consequently, only a small number of secondary victim claims succeed.

The Paul Case and Medical Negligence

Against this background, the Supreme Court considered whether the same restrictive test should apply to secondary victims of medical negligence in Paul and Others v The Royal Wolverhampton NHS Trust and Others.

Importantly, the case involved three separate appeals. Each appeal concerned psychiatric injury suffered by individuals who witnessed the death of a close family member following alleged medical negligence.

The Three Appeals

The Paul Case
Mr Paul’s two children witnessed him suffer a fatal heart attack while shopping. The family alleged that the defendant NHS Trust was negligent in failing to carry out coronary angiography 14 months earlier, which would have revealed treatable coronary artery disease.

The Second Appeal
Two claimants developed post-traumatic stress disorder and major depression after witnessing the collapse, attempted resuscitation, and death of a young child. The defendant admitted failing to diagnose the respiratory condition that caused the child’s death.

The Third Appeal
A mother developed PTSD, severe anxiety, and depression after witnessing her daughter die from pneumonia. It was alleged that the condition had not been properly assessed or diagnosed.

The Court of Appeal’s Decision

After reviewing the authorities, the Court of Appeal identified the central legal issue. Specifically, the court examined how existing case law applies where a delay exists between the negligent act and the traumatic event witnessed by the claimant.

For example, in Mr Paul’s case, the alleged negligence occurred more than a year before his death. As a result, the court had to decide whether that delay defeated the requirement for proximity.

To resolve this issue, the Court of Appeal relied heavily on an earlier decision.

Taylor v Novo: A Key Precedent

The most influential authority was Taylor v Novo (UK) Ltd [2014] QB 150. In that case, the claimant’s mother suffered injuries at work due to her employer’s negligence. Although she initially recovered, she later collapsed and died from complications caused by those injuries.

Crucially, the claimant witnessed her mother’s death and developed PTSD. Despite this, the Court of Appeal rejected the claim because the claimant was not present at the original accident.

Lord Dyson explained that the relevant “event” was the workplace accident itself, not the later death. Allowing recovery in those circumstances would, in his view, stretch the concept of proximity too far. Furthermore, he emphasised that any expansion of liability should come from Parliament rather than the courts.

Applying Novo in Paul

In Paul, the Court of Appeal considered itself bound by Novo. Sir Geoffrey Vos, Master of the Rolls, concluded:

“Novo does preclude liability in the circumstances of these cases, even where a horrific event is the first occasion on which any damage is caused to the primary victim.”

Sir Geoffrey Vos, Master of the Rolls

As a result, the secondary victim claims were not allowed to proceed.

Concluding Thoughts and the Supreme Court Appeal

Despite dismissing the claims, Sir Geoffrey Vos expressed clear reservations about whether Novo had been correctly decided. For that reason, the court granted permission to appeal to the Supreme Court.

In his view, the Supreme Court should reconsider how the Alcock principles apply in medical negligence cases, particularly where the shocking event represents the first manifestation of harm.

Secondary victim claims remain legally and emotionally complex. Nevertheless, the courts may be better placed than Parliament to address these issues on a case-by-case basis. By doing so, they can deliver justice where appropriate while still preventing the floodgates from opening too wide.

We will provide a further update once the Supreme Court delivers its decision.

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Tags clinical negligence, Medical Negligence

Housing Association Disrepair

Housing Tenant Awarded £7,500 in Compensation for Housing Disrepair

Post author By mcpicadofelipe
Post date 25 May 2023

mcpicadofelipe

May 25, 2023

HDR Case: Mrs Tuner

Mrs Tuner, who lives in the Borough of Hastings in East Sussex, brought a claim against their social housing landlord Southern Housing at the start of July 2022.

Description of the case:

Since 2017 the Claimant experienced issues with water ingress through the roof, resulting in water damage and damp. The Claimant reported the issues to the Housing Association multiple times. The Housing Association sent approximately 3 workers out in total to inspect it over the years, but unfortunately nothing was done until Mrs Turner contacted the Nicholson Jones Sutton Solicitors housing disrepair team.

The Claimant was successfully compensated in the sum of £7,500 by the landlord. This settlement was reached within 6 months of the Letter of Claim being sent to the landlord.

Claim for Housing Disrepair

As a tenant you have the legal right to live in a safe and suitable property and free from any issues of housing disrepair.

Your Council or Housing Association has a legal obligation to repair your property and maintain it to a reasonable standard.

If you are living in disrepair, you have reported it and your Council or Housing Association have failed to fix them for you, you may be due COMPENSATION and a rent refund.

How we can help you to claim for housing disrepair

Our Housing Disrepair Team of Experts 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 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.

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

Personal Injury

How Much Is My PI Claim Worth? by Rachel Hughes

Post author By mcpicadofelipe
Post date 17 May 2023

mcpicadofelipe

May 17, 2023

Since the whiplash reforms were implemented on 31^st May 2021, the compensation payable to Claimants who suffer whiplash injuries, as the driver or passenger of a motor vehicle, is governed by a tariff, which ranges from £240.00 for an injury lasting not more than 3 months up to £4215 for an injury lasting up to 24 months; a significant reduction in the compensation previously recovered for such injuries. Vulnerable road users, such as pedestrians, cyclists or motorcyclists are exempt, and not compensated by reference to the tariff.

Furthermore, minor psychological injuries, such as travel anxiety, also fall within the tariff and result in Claimants being awarded only a nominal additional on top of the award for their whiplash injuries.

However, recent guidance from the Court of Appeal confirms that if a Claimant also suffers a non-whiplash injury, for example an injury to the knee, elbow, hip, an award of compensation, not limited to the tariff is made, and the Claimant’s compensation is increased.

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

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Tags Personal Injury

Motorbike Accident

Understanding Motorcycle Accident Claims: Seeking Compensation and Justice

Post author By mcpicadofelipe
Post date 17 May 2023

mcpicadofelipe

May 17, 2023

Motorcycle accidents can be devastating, often resulting in severe injuries and significant financial losses for the victims. When these accidents occur due to the negligence or fault of another party, pursuing a motorcycle accident claim becomes crucial. In this article, we will explore the key aspects of motorcycle accident claims, including the legal process, types of compensation available, and steps victims can take to protect their rights and seek the justice they deserve.

1. Gathering Evidence

In any motorcycle accident claim, the strength of evidence plays a vital role. Immediately after the accident, if possible, gather evidence to support your claim. This may include photographs of the accident scene, damaged vehicles, and injuries sustained. Eyewitness statements, police reports, medical records, and any available video footage can also provide valuable evidence to establish liability.

2. Seeking Medical Attention

Even if you believe your injuries are minor, seeking immediate medical attention after a motorcycle accident is crucial for your health and your claim. Some injuries may not exhibit immediate symptoms but can worsen over time. Prompt medical evaluation ensures proper diagnosis, treatment, and documentation of injuries, which are essential for substantiating your claim.

3. Contacting a Lawyer

Engaging the services of an experienced motorcycle accident solicitor can significantly enhance your chances of a successful claim. A knowledgeable lawyer can guide you through the legal process, protect your rights, and fight for the compensation you deserve. They will analyse your case, gather evidence, negotiate with insurance companies, and, if necessary, represent you in court.

4. Determining Liability

Establishing liability is a critical component of any motorcycle accident claim. To prove negligence, you must demonstrate that the other party breached their duty of care, directly causing the accident and your injuries. This could include instances such as distracted driving, speeding, failure to give away, or driving under the influence. Your lawyer will thoroughly investigate the circumstances surrounding the accident to build a strong case.

5. Types of Compensation

Motorcycle accident victims may be entitled to various types of compensation, depending on the circumstances of the case. These may include:

a. Medical expenses: Coverage for past and future medical bills, including hospitalization, surgeries, medications, therapy, and rehabilitation.

b. Lost wages: Compensation for the income lost during recovery and potential future earning capacity if the injuries result in long-term disability.

c. Pain and suffering: Damages for physical pain, emotional distress, and loss of enjoyment of life resulting from the accident.

d. Property damage: Reimbursement for the repair or replacement of your damaged motorcycle, protective gear, and personal belongings.

e. Punitive damages: In cases involving gross negligence or intentional misconduct, additional punitive damages may be awarded to punish the responsible party.

6. Insurance Companies and Settlements

Insurance companies are typically involved in motorcycle accident claims. However, it’s essential to remember that their primary goal is to minimize their financial liability. They may attempt to offer a quick settlement that may not fully cover your losses. Consulting with a solicitor before accepting any settlement offer is crucial to ensure you receive fair compensation for your injuries and damages.

7. Statute of Limitations

It’s important to be aware of the statute of limitations for filing a motorcycle accident claim in your jurisdiction. This refers to the timeframe within which legal action must be initiated. Failing to file a claim within the specified time limit can result in the loss of your right to seek compensation. Consulting with an solicitor promptly after the accident can help you understand and comply with the applicable deadlines.

Conclusion

Motorcycle accidents can have long-lasting physical, emotional, and financial consequences. By understanding the process of pursuing a motorcycle accident claim and seeking the assistance of a skilled lawyer, victims can navigate the legal system with confidence and protecting their rights.

Our team has decades of combined experience in successfully advising and representing clients in personal injury cases resulting from motorbikes 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.

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Tags Motorcycle Accidents Claim, Personal Injury, Serious Injury

Public Liability

Who Is Liable For Slip, Trip, Or Fall Injuries?

Post author By mcpicadofelipe
Post date 11 May 2023

mcpicadofelipe

May 11, 2023

Picture this: you’re walking home from work along a public footpath, listening to music or an audiobook, when suddenly your foot catches on a raised paving slab. The next thing you know, you’re on the ground, surrounded by concerned strangers. You’re injured, you arm is fractured, and the consequences are serious: surgery, months off work, lost income, medical expenses, and ongoing pain.

Or perhaps you slipped on a wet shop floor in a supermarket or franchise store and suffered a severe back injury.

In both situations, the question is the same:

Who do I sue for personal injury compensation?

Who Is Responsible for My Injury?

The answer depends on who owed you a duty of care at the time of the accident.

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

The Defendant owed you a duty of care
They breached that duty
The breach caused your injury and losses

This applies to claims involving slips, trips, falls, accidents in public places, workplaces, shops, and on pavements.

What Is a Duty of Care?

A duty of care can arise under:

Statute (legislation), or
Common law, developed by the courts

For example, employers owe a statutory duty under the Health and Safety at Work etc. Act 1974 to protect employees’ health and safety.

For public places and visitor accidents, the most relevant legislation is the Occupiers’ Liability Act 1957.

Occupiers' Liability Act 1957 Explained

The Occupiers’ Liability Act 1957 governs accidents involving visitors to premises.

What Does the Act Say?

Section 2(2) of the Act states that an occupier must:

“Take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted to be there.”

Who Is an "Occupier"?

An occupier is an person or organisation with control over premises, including:

Businesses and shop owners
Landlords
Local authorities and councils
Property management companies

Crucially, the occupier does not need to own or live at the premises. This means a claim may be brought against a landlord, company, or council depending on who controlled the area where the accident occurred.

“Premises” can include:

Buildings
Pavements and parks
Vehicles and vessels
Public spaces

Case Law Example: Lewis v Wandsworth LBC

In Lewis v Wandsworth London Borough Council (2020) EWHC 3205 (QB), a claimant was struck by a cricket ball while walking through a public park.

Although the claim ultimately failed on appeal, the High Court confirmed that the local authority owed a duty of care under the Occupiers’ Liability Act 1957, demonstrating how broadly the Act can apply.

Can Warning Signs Prevent Liability?

Yes, sometimes.

Occupiers may discharge their duty of care by adequately warning visitors of hazards, such as:

“Caution: Wet Floor” signs
Barriers around uneven surfaces

In some cases, liability may also be avoided if a visitor voluntarily accepts the risk, such as entering a clearly marked construction site.

However, warnings must be clear, visible, and provided before the accident occurs.

Duty of Care at Common Law

Where legislation does not apply, courts rely on common law principles.

Donoghue v Stevenson (1932)

This landmark case established the modern concept of duty of care. Lord Atkin introduced the “neighbour principle”, requiring people to take reasonable care to avoid foreseeable harm to others.

The Caparo Test

Today, courts typically apply the three-stage Caparo test to determine whether a duty of care exists:

Was the damage reasonably foreseeable?
Was there a sufficiently close relationship between the parties?
Is it fair, just, and reasonable to impose a duty of care?

This remains the standard legal test in personal injury claims.

Who Pays Compensation in Personal Injury Claims?

Most businesses and local authorities hold public liability insurance.

This means that once the responsible party is identified, it is usually their insurer – not the individual or council directly – who pays compensation and legal costs.

Why Legal Advice Matters

Identifying who owed you a duty of care after a slip, trip, or fall can be complex, particularly where multiple parties are involved.

Under the Limitation Act 1980, most personal injury claims must be started within three years of the accident. Acting quickly is essential.

An experienced personal injury solicitor will:

Identify the correct Defendant
Secure evidence before it is lost
Establish whether a duty of care was breached
Maximise your compensation

How We Can Help

Our personal injury team has decades of combined experience handling claims arising from slips, trips, and falls in public places and workplaces.

We are:

Sympathetic and approachable
Clear and honest in our advice
Committed to achieving the best outcome for you

Call us on 01625 667166

Or email us today for a confidential discussion

We’re here to help you every step of the way.

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FAQ

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Tags occupiers liability, Personal Injury, public liability

Dental Negligence

The Importance of Time Limit in a Dental Negligence Claim by Nichola Johnson

Post author By mcpicadofelipe
Post date 10 May 2023

mcpicadofelipe

May 10, 2023

If you are considering making a dental negligence claim, it is important to understand the strict time limits that apply.

In most cases, you have three years to bring a dental negligence claim. This time limit usually runs from either:

The date the negligent dental treatment took place, or
The date you first became aware that you had received negligent treatment

This is known as the “date of knowledge”.

Are There Any Exceptions?

Yes, there are some important exceptions to the three-year rule. For example, if the person affected is under the age of 18, the three-year time limit does not begin until their 18th birthday. As a result, they usually have until their 21st birthday to start a claim.

Because every case is different, it is essential to seek advice as early as possible.

Why Acting Quickly Matters

Failing to bring a claim within the legal time limit can result in your claim being time-barred. This means you may lose the right to pursue compensation altogether, regardless of how strong your case may be.

Speaking to an experienced Dental Negligence Solicitor early ensures your claim is assessed properly and within the correct timeframe.

How NJS Law Can Help

Our NJS Law Dental Negligence specialists will take the time to understand your situation. We will explain your legal options clearly and support you in pursuing the compensation you deserve.

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Tags clinical negligence, Dental Negligence