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Author: mcpicadofelipe

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Cosmetic Negligence

What Can Go Wrong With Liposuction And Tummy Tuck Procedures?

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According to the latest annual audit by the British Association of Aesthetic Plastic Surgeons, over 31,000 cosmetic procedures were carried out in the UK in 2022. This included 3,413 tummy tucks (abdominoplasty) and 3,002 liposuction procedures. The demand for such procedures is still extremely high, with the number of abdominoplasties increasing 129% last year compared to 2021, and liposuctions rising 135%. If you are one of the many thousands considering a ‘lipo’ or a tummy tuck in the coming months, it is important that you are informed, understand the risks associated, and choose a skilled and experienced cosmetic surgeon backed up with excellent aftercare. In this article, we will discuss what can go wrong with tummy tuck and liposuction procedures and outline some of the key questions you should ask your prospective surgeon before you proceed.

What can go wrong with liposuction and tummy tuck procedures?

It is common to experience certain side effects from liposuction and tummy tuck operations; for example, bruising, swelling, discomfort, inflammation, and minor scarring. However, side effects are completely different to complications resulting from medical negligence.

You may have a claim for clinical negligence if you experience the following:

  • Constant pain.
  • Fluid gathered around the wound.
  • Nerve damage.
  • Your bellybutton is too high or low.

Normal side effects following liposuction or tummy tucks improve throughout the recovery period. If your symptoms worsen or persist beyond the normal expected recovery period (3 – 6 weeks), you may be able to bring a claim for clinical negligence.

What questions should I ask a liposuction or tummy tuck cosmetic surgeon?

While liposuction and tummy tucks are extremely common in the UK, do not let the word ‘cosmetic’ mislead you into thinking such procedures are not major operations.

Before proceeding with your liposuction or tummy tuck procedure, it is essential that you do your homework. We recommend arranging a face-to-face consultation with at least three cosmetic surgeons before making a final decision about whether you want to have surgery and if so, which procedure to have and which surgeon to use. Ultimately, you want to be assured that your procedure is suitable for needs, your expectations are realistic, your surgeon is experienced, you understand the risks and side effects, and that the aftercare is of a high standard. In particular, we recommend asking the following questions:

1) Will I meet the cosmetic surgeon in my initial consultation?

By meeting each surgeon personally and having the opportunity to ask them questions face to face about their experience and how they will go about your procedure, you can gather more information to reassure yourself.

2) What are your qualifications and which professional organisations do you belong to?

We recommend checking that the surgeon is on the General Medical Council (GMC) register as a specialist in plastic surgery. Do not just assume this is the case. Also check to see if they are a Fellow of the Royal College of Surgeons with a speciality in Plastic Surgery – if so, they will have the letters FRCS (Plast) after their name. We also advise asking which professional cosmetic surgery organisations they belong to (e.g., the British Association of Plastic and Reconstructive Surgery (BAPRAS) or the British Association of Aesthetic Plastic Surgeons (BAAPS)). If possible, also check that the anaesthetist that will look after you is on the GMC register.

3) Is liposuction or a tummy tuck procedure suitable for me?

This is your chance to verify that the procedure you are considering is both safe and will be effective for you given your expectations and background health. Will they check your medical records and conduct checks to ensure that you are medically safe for surgery?

4) What are the risks associated with liposuction or a tummy tuck procedure and what will you do to prevent or manage any complications?

Do not be afraid to ask your prospective surgeon what can go wrong and how they would handle such problems, either during or post-surgery. Make sure you are fully assured that they have the experience to prevent harm to you at any stage. If something does go wrong, who pays for any additional treatment or surgery and is insurance provided in the event of serious complications?

5) What will happen during my recovery?

Make sure you understand what will happen following your surgery. Will you need physiotherapy? How will your pain be controlled? When can you expect to go home? And what will you be able to do/not do after your surgery?

Can I bring a claim for liposuction or tummy tuck clinical negligence?

To have the grounds to bring a cosmetic surgery claim, the answer to all the following three questions must be ‘yes’:

1. Were you owed a duty of care by your cosmetic surgeon (or other medical persons treating you)? – Remember, all healthcare professionals have a duty of care to protect their patients from harm where it is “reasonably foreseeable.” This includes your surgeon and any medical professional who assumed responsibility for your medical care (e.g., nurses).

2. Did they breach their duty of care? – i.e. Did standard of care provided by the medical professional fall below that expected of a reasonably competent cosmetic surgeon?

3. Did you suffer harm because of the breach? – It must be proven that the mistake made by the medical practitioner caused harm to you.

It is important to note that under the Limitation Act 1980, you have three years from the date of the injury or date of knowledge of the injury, whichever comes later in which to bring a claim. However, if more than three years have passed, the Court has the discretion to allow out-of-time claims to proceed, so it is important to contact a Medical Negligence Solicitor as soon as possible.

At NJS Law, we understand the various tests that must be applied when assessing a cosmetic negligence claim. We can review the circumstances of your case, determine if you have grounds for a claim and manage your claim on your behalf.

To advise and represent you, we will need the following information:

  • Your past medical history (we will need to see your GP and hospital records once we have agreed to help you).
  • Whether your condition/symptoms will affect your life in the future.
  • Any medical or other expenses or therapy costs you have paid out for or still need to pay for.
  • Whether you have raised your concerns with the health professional already and if so what they have said.
  • Details of the therapist so that we can locate them and check whether they have insurance or the assets to meet any compensation that you are entitled to.
  • Information relating to how you paid for your treatment.
  • Whether you have any previous cosmetic procedures in the last 10 years.

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

Call us on 01 625 667166 to discuss your claim.

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Medical Negligence

Medical Negligence Causing Death – Your Legal Rights

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Despite the incredible advances in medical care and treatment and the dedication of healthcare professionals to their patients, human frailty being as it is means that mistakes can happen and in the most tragic scenarios, medical negligence can cause death. For those left behind, often fear intensifies their grief, especially with the current cost of living crisis. If the deceased was the main earner in the family, those left behind are usually worried about how they will cope financially, even if there is a life insurance policy in place.

Family members may also be left with feelings of anger at the pain and suffering endured by their loved one before their death because of negligent medical treatment or their disease being un/misdiagnosed.

Although nothing can bring back a loved one, making a claim for wrongful death due to medical negligence can:

  • Provide compensation for dependent family members, freeing them from financial worries.
  • Trigger an investigation into the cause of death. Although most claims are settled out of court, bringing a compensation claim provides families with an opportunity to hold the healthcare provider to account and (hopefully) prevent such negligence happening again.
What are some examples of medical negligence causing death?

Various types of medical negligence can result in the death of a patient. Examples include:

  • Failing to diagnose or misdiagnosing a serious illness such as cancer. In such cases, by the time a correct diagnosis is made it is too late for effective treatment. These types of cases can often result in the patient suffering unnecessary pain and loss of dignity.

  • The patient was not admitted to hospital when they should have been, for example in the case of a brain haemorrhage, heart attack or pulmonary embolism (blood clot).

  • A surgeon makes a mistake during an operation resulting in the patient’s death.

  • Wrong or incorrect doses of medication being given.

How is a medical negligence causing wrongful death claim structured?

There are two elements to a death resulting from medical negligence claim:

  • Pain and suffering experienced by the deceased before their death, brought by their estate.

  • The family’s claim for the financial impact of the death.

Estate claims for wrongful death due to medical negligence

A right to make a compensation claim for pain and suffering continues after the patient’s death. The Executor of the deceased’s estate can file a claim for compensation. If the claim is successful, the compensation award will become part of the estate and be distributed amongst the beneficiaries.
If the deceased died without a Wiil (known as dying intestate), an application for a Grant of Letters of Administration can be made by family members. Once this is approved, the Administrator can proceed with bringing a medical negligence compensation claim.

Claims for financial loss by the family

The financial impact of an unexpected death due to medical negligence cannot be underestimated. Even if the deceased was not the main earner, the shock and stress of bereavement can mean that the surviving partner cannot work for some time. If young children are involved, the surviving parent will likely need to reduce their working hours to support them through the grieving process and meet their needs as a single parent.

As well as loss of income, a claim can be made to cover funeral expenses and other costs associated with wrongful death caused by medical negligence.

Do I have to bring a claim within a certain timeframe?

The Limitation Act 1980 provides that a medical negligence claim must be brought within three years from the date the Claimant first became aware of the negligence. Remember, in cases of wrongful death, the Claimant is the Executor or Administrator or the family of the deceased.

It is crucial to contact a Medical Negligence Solicitor as soon as you discover that the deceased may have been a victim of medical negligence as these types of claims can be extremely complex and may take two to three years to complete.

How is medical negligence causing wrongful death proved?

To prove medical negligence caused the death of a person, the Claimant must prove, on the balance of probabilities, that the healthcare provider (normally an NHS Trust):

  • Owed them a duty of care,

  • Breached that duty, and

  • The death was caused by the breach of duty and was a foreseeable consequence of the breach of duty.

An experienced Medical Negligence Solicitor will carefully listen to your story. They will then collate, analyse, and present evidence that proves your claim. Evidence is gathered from sources such as:

  • Witness statements.

  • Experts in the area of medicine in which the deceased was or should have been treated for (known as expert evidence).

  • Medical records.
  • The Coroner’s report (if applicable).
  • The autopsy report (if performed).

The above list is not exhaustive.

Inquests can be intimidating for family members. Your Medical Negligence Solicitor can represent you at the inquest or appoint a Barrister to do so.

Wrapping up

Death due to medical negligence is a catastrophic outcome. We understand how devastated you are and we will work tenaciously and compassionately to get you the compensation you need to cover your future financial needs and achieve some form of justice for what has happened.

Our team has decades of combined experience in successfully advising and representing clients in clinical negligence cases. We are sympathetic, 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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Serious Injury

Catastrophic Personal Injury Claims

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In February 2023, Karen Bannister, a Personal Injury Lawyer at NJS Law with extensive experience in complex, catastrophic personal injury claims, successfully secured a £1.9 million settlement for a client who suffered a below-knee amputation following a motorcycle accident in September 2020. Karen instructed barristers Chris Barnes KC and David McCormick, who both played an instrumental role in obtaining such a positive result.

A few seconds changed a young man’s life forever

Karen’s client, who wishes to remain anonymous, rode his motorcycle past a stationary bus. The Defendant, who was driving a car, pulled out of a junction to the left. The bus may have blocked the Defendant’s view. Our client collided with the car and suffered severe leg injuries. Although doctors attempted to save the leg through surgery, after six months, it had to be amputated.

The impact on Karen’s client was devastating. The stress of the incident resulted in the breakup of his relationship with the mother of his children. In addition, he had to move into a shabby, one-bedroom basement flat, which was unsuitable for his children to stay overnight. He has also been unable to work since the accident and may have to quit his chosen profession.

The Defendant fiercely disputed primary liability and contributory negligence.

Negotiating the settlement

The NJS Law legal team, comprising Karen, Chris Barnes KC and David McCormick, met with the Defendant’s insurer to discuss interim payments and rehabilitation as per the Rehabilitation Code 2015. The insurer made a settlement offer of £1 million at the meeting. After receiving instructions from the client, the offer was rejected, and negotiations began in earnest.

The instructed counsel had a wealth of experience in quantifying personal injury claims. They informed the insurer that the total value of the claim if 100% liability was established was £4.5 million.

Following several back-and-forth offers and counter-offers, Karen’s client eventually received total compensation of £1.9 million. The funds will allow him to access private rehabilitation and have a prosthetic limb fitted, and he can also now purchase a suitable property for himself and his children.

Commenting on the case, Karen said:

“Amputation cases are relatively straightforward concerning the amount of compensation awarded. The barristers I instructed were incredibly familiar with amputee cases and could robustly determine the claim’s worth. This put us in a strong negotiating position when it came to settlement. Everyone who worked on this case was delighted with the result as the settlement will ensure this young man can move on to a positive future”.

Our team has decades of combined experience in successfully advising and representing clients in catastrophic 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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Inheritance Disputes

My Step-Parent Has Changed Their Mirror Will – Can I Still Inherit?

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One of the most bitter and increasingly frequent Wills disputes cases we are currently seeing is that where the children of a deceased parent seek our advice after suspecting their step-parent has changed the Will they created whilst their parent was alive and disinherited them in favour of their (the step-parent’s) own biological children. Take the following example:

Julia and Tim are the biological children of Donald and Evelyn. Donald divorced Evelyn 15 years before he died and two years later married Gwynn. Gwynn has two children from her first marriage, James and Katie.

Donald and Gwynn made Mirror Wills (explained below). When Donald died, he and Gwynn owned a property valued at £1.5 million as joint tenants. Other than sentimental items, the couple had no other significant assets.

When Donald died, the family home automatically passed to Gwynn in full, as she and Donald owned the property as joint tenants. As the value of Donald’s estate was less than £5,000, there was no requirement to seek Probate. Julia and Tim, who had a good relationship with their stepmother, assumed that they, along with James and Katie, would receive a quarter of the family home’s value under Gwynn’s Will.

Unbeknown to Julia and Tim, Gwynn tore up her copy of the Mirror Will shortly after Donald’s death and wrote a new Will, leaving the family home’s entire value to James and Katie. Julia and Tim would, therefore, not receive a penny of their father’s wealth.

Below we set out the options for Julie and Tim: a claim under the Inheritance Act 1975 and the doctrine of proprietary estoppel. But first, it is essential to clarify what a Mirror Will is.

What is a Mirror Will?

Mirror Wills are virtually identical Wills where one person in a couple leaves their estate to the other in the event of their death. In most cases, both Wills set out that one spouse will leave everything to their husband or wife and eventually, any children named in the Mirror Wills can inherit. The result is that when one spouse dies, the other is protected, and upon the second spouse’s death, the children inherit the couple’s assets.

The problem with Mirror Wills is that the surviving spouse can revoke it and write a new Will leaving their estate to beneficiaries of their choice, typically their biological children.

Can I challenge my Stepparent’s new Will?

One of the most essential qualities of a Solicitor is honesty, and the sad fact is that under English law, the options for challenging the new Will of a stepparent are limited. In most cases, if there is a Mirror Will, the surviving spouse can do what they please with the assets, including changing their Will. Hence, all the wealth passes to their biological children, cutting out the children of the deceased’s first marriage.

You may be able to challenge your stepparent’s new Will under the Inheritance (Provision for Family and Dependants) Act 1975 (Inheritance Act 1975). Any claims under the Act must be made within six months of Probate or Letters of Administration being granted. As this is a tight timeframe, contacting a Contentious Probate Solicitor is crucial as soon as you discover that your step-parent has changed their Will.


Can I bring a claim in proprietary estoppel?

Yes, and if specific promises were made to you by your biological parent, this may be the route that has the most chance of success.

Let’s use the above example of Julia and Tim to explain proprietary estoppel, as it can seem complex initially.

If either Julia or Tim can show there was a representation or assurance made to them concerning an interest in the family home and they reasonably relied on that representation to their detriment, they may have a proprietary estoppel claim. Julia and/or Tim must prove on the balance of probabilities that it would be unconscionable for the person who made the assurance or representation to go back on their word and deprive them of the proprietary interest they had been led to expect.

In Macdonald v Frost [2009] EWHC 2276 (Ch), Geraldine Andrews QC (sitting as a Judge in the High Court) stated that to qualify for proprietary estoppel, the representation or assurance must be unambiguous, and proof of this would depend enormously on the context of the case. She relied on the House of Lords decision in Thorner v Majors and others [2009] UKHL 18. In this case, Lord Walker of Gestingthorpe (with whom the other Lords agreed) said that, rather than looking for a clear and unequivocal representation or assurance, he believed that to establish a proprietary estoppel claim, the relevant assurances must be “clear enough” in the context in which they were made. His statement confirmed that an express promise was not required and that the Court would analyse the background and context in which the statements were made, albeit sometimes with sceptical scrutiny.

Wrapping up

Challenges involving Mirror Wills that have been revoked have increased substantially due to the rise in the value of property prices and the fact that divorce rates in the UK rose during the 1970s and peaked in the 1990s, leading to more blended/step-families, a situation that remains to this day. Although there is currently nothing concrete in the pipeline, it is likely that given the inherent unfairness of the current laws, which are wholly unfit for purpose given the make-up of modern families, England and Wales may look to pass legislation similar to Scotland’s ‘legal rights’ laws regarding inheritance.

In the meantime, if you have discovered that your step-parent has disinherited you, please talk to our Contentious Probate team. We will advise you honestly on the options available and the chances of you succeeding in a challenge. We can usually work on a No Win, No Fee arrangement.

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


Call us on 01625 667 275 or email probate@njslaw.co.uk today to discuss your matter.

 

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Social Housing Disrepair

The Regulator of Social Housing Concluded That Haringey Council Breached its Consumer Standards

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RSH confirmed that the council breached health and safety requirements. It had failed to complete a significant number of remedial fire safety actions, including 4,000 that were high risk. In addition, it did not have up-to-date electrical safety reports for thousands of homes.

Through its investigation, the regulator also found that over 100 of the council’s homes had serious hazards (known as ‘category one’ hazards) and nearly 5,000 of its homes did not meet the Decent Homes Standard.

Kate Dodsworth, Director of Consumer Regulation at RSH, said:

“Haringey Council put thousands of tenants at potential risk by failing to meet health and safety requirements for fire and electrical safety. Our investigation has also revealed that a significant number of Haringey Council homes do not meet the decent homes standard.”

“The council needs to act urgently to put things right for tenants, and we are monitoring it closely as it does this.”

How NJS Law can help you if you are living in disrepair

Nicholson Jones Sutton Solicitors are 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 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.

*Source: Regulatory Notice published today 6th March 2023.

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Social Housing Disrepair

The Last Clarion Tenant’s Story Evidences The Social Housing Crisis in UK

The last Clarion tenant’s story evidences the social housing crisis in UK
The last Clarion tenant’s story evidences the social housing crisis in UK

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Mould and damp growing, exterior doors that don’t lock, electric wiring exposed, rat droppings everywhere and toilet bowl encrusted with faeces are some of the issues which this mother of three has to deal every day.*

Disrepair, neglect and humiliation – this is the reality for many living in social housing across UK. Poor conditions in homes and on estates have had a detrimental impact on tenants’ health, wellbeing and quality of life.

People face long delays in getting repairs fixed, and then often see them done to a poor standard. While housing associations have vowed to improve and better conditions, many are sceptical about whether this will happen.

“At the offices of this mum’s Tory MP, Stephen Hammond, staff have to deal with Clarion on residents’ behalf every day. In the constituency next door, Labour’s Siobhain McDonag’s comments made the newspapers in 2021 for estimating Clarion comprised half fer casework. It’s just a high today, the MP tells The Guardian: “I don’t think that their tenants and leaseholder will have seen any improvement”.

How NJS Law can help you with housing disrepair claims

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 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.

*Source: The Guardian 

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Contentious Probate

A Spouse/ Widow Who Has Been Left Out of Her Deceased Husband Will Wins Half of £1m Estate

A spouse widow who has been left out of her deceased husband Will wins half of £1m estate
A spouse widow who has been left out of her deceased husband Will wins half of £1m estate

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A widow whose husband of 66 years excluded her and their four daughters from his will, and left everything to their two sons, has won a high court case for a share of an estate worth more than £1m.*

The case was heard in the family division of the high court in London and was concluded this month.

The judge heard that the deceased, who died in 2021, “wished to leave his estate solely down the male line” after writing his will in 2005. He heard that the widow, who married Singh in 1955, estimated the estate to be worth £1.9m gross but one of her sons put the value at £1.2m.

The judge, who heard the family had run a clothing business, ruled the widow, 83, should get 50% of the net value of the estate. He said it was clear “reasonable provision” had not been made for the spouse, whose income consisted of state benefits of about £12,000.

He added: “It seems to me that this is the clearest possible case entitling me to conclude that reasonable provision has not been made for the claimant.

There are a number of ways a will can be challenged. In this case the legal way is The Inheritance Act 1975.

What is the Inheritance Act 1975?

The Inheritance Act 1975 allows for certain people to claim reasonable financial provision from an estate if the Testator did not do so under their Will. For example, this widow has been left out of her deceased husband will. Therefore, she was able to claim under the Inheritance Act 1975.

Aside from the spouse of the deceased, the following people are able to bring an Inheritance Act 1975 claim:

  • The spouse or civil partner of the deceased.
  • The former spouse or civil partner of the deceased, provided they have not remarried or engaged in a new civil partnership (however, the terms of a divorce often bar an ex-spouse from making a claim).
  • Anyone who, for the two years before the death, was in a cohabiting relationship with the deceased.
  • Anyone who was not the child of the deceased but as a result of a marriage (in which the deceased participated), the former was treated as a child of the family by the deceased, i.e a step-child.
  • Anyone who does not fall in the above categories but was being maintained by the deceased (partly or wholly) immediately before the deceased died.

All claims under the Inheritance Act 1975 must be made within six months of the issue of the Grant of Probate although the Court does have the discretion to extend this time limit, in specific circumstances.

People cannot simply be cut out of wills, especially spouses which have contributed for a significant number of years.

Our team has decades of combined experience in successfully advising and representing clients who are challenging a Will or making a claim under the Inheritance Act 1975.

We are sympathetic, understanding, and are here to help you every step of the way.
Call us on 01625 667 275 or email probate@njslaw.co.uk today to discuss your matter.

*Source: The Guardian

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Serious Injury

How To Bring A Catastrophic Personal Injury Claim

How To Bring A Catastrophic Personal Injury Claim
How To Bring A Catastrophic Personal Injury Claim

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Suppose you or your loved one have suffered a catastrophic injury and believe it was caused by another person, business, or public body’s negligent acts (or failure to act). In such a situation, you need the support of an experienced Personal Injury Solicitor who has an in-depth understanding of the legal issues involved and how to support early access to rehabilitation. Catastrophic personal injury claims can take around three years to complete. Therefore, you must choose a Solicitor who you not only get along with but has a real passion for helping people whose lives have been changed forever by a tragic event.

What is a catastrophic personal injury?

Personal injuries that dramatically affect the brain and spine are classed as catastrophic, as are major burns and amputations. These injuries are life-changing, and the compensation awarded can be used to adjust the Claimant’s home, pay for full-time care, and ensure the Claimant and their family have money to live on for the rest of their lives, especially if the Claimant was the primary household earner.

How do I begin a catastrophic personal injury claim?

The family of the Claimant often contacts a Personal Injury Solicitor in the first instance as the Claimant is normally in hospital and often unable to speak for themselves. The Solicitor will gather as much information as possible. At this stage, especially in the case of brain injuries, it is usually too early to understand the long-term prognosis.

What steps does a Solicitor take when running a catastrophic personal injury claim?

Your Solicitor’s priority will be to secure an interim payment from the Defendant’s insurer and arrange a case manager for the Claimant. Having these in place will ensure that a comprehensive rehabilitation program can be put in place and the Claimant can begin their recovery. This is achieved by both the Claimant and insurer using the framework set out in the Rehabilitation Code 2015 to ensure the former’s quality of life, health, and independence are restored at the same time as the compensation claim progresses through the various pre-action and, if necessary, litigation stages.

Multiple interim payments may be required depending on the scale of the injury and the Claimant’s rehabilitation needs. An experienced Catastrophic Personal Injury Solicitor will use the Rehabilitation Code to negotiate the funds you need to access rehabilitation services.

At the same time as organising interim payments and putting together a case management team, your Solicitor will be following the Pre-Action Protocol for Personal Injury. All personal injury claimants must follow the Protocol, designed to encourage the early exchange of information between the Solicitors involved in the case, promote early, out-of-court settlement, and ensure establishing a rehabilitation plan is made a priority by all parties.

To establish negligence, you, as the Claimant, must be able to prove, on the balance of probabilities, that:

  • The Defendant owed you a duty of care,
  • They breached this duty, and
  • The breach resulted in you suffering damage.

Although this may seem relatively straightforward at face value, complications can arise when establishing whether or not the damage suffered by the Claimant was foreseeable and/or whether the Defendant breached their duty. To build your compensation case, your Solicitor will examine your medical records, the scene of the accident, and call on expert witnesses to provide an opinion on matters such as how the injury was caused and your long-term prognosis.

What happens if compensation is awarded?

Your Catastrophic Personal Injury Solicitor’s role does not end once compensation has been awarded. In cases where the Claimant needs life-long care and renovations made to their property (or a new property purchased), as well as money for living and ongoing medical expenses, your Solicitor will refer you to a Court of Protection Solicitor. They will place your compensation payment in a Personal Injury Trust. This will ensure that you can continue to receive any government benefits you are entitled to, and the money is safeguarded for your present and future welfare needs.

Wrapping up

Complex catastrophic personal injury claims require the talent and experience of a Solicitor who is both compassionate as well as determined. You need to be confident they will not give up until they get you the rehabilitation and compensation you and your family need to move forward. Although the catastrophic personal injury claims process can be long, with the right Solicitor fighting to get you what you need, you can leave the legal case to them and concentrate on your recovery.

Our NJS Law Serious Injury Team has decades of combined experience in successfully advising and representing clients in catastrophic personal 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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Housing Disrepair Claims Social Housing Disrepair

The Government Has Implemented Amendments To The Social Housing Regulation Bill To Introduce ‘Awaab’s Law’

The Government has implemented amendments to the Social Housing Regulation Bill to introduce
The Government has implemented amendments to the Social Housing Regulation Bill to introduce

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The Government has implemented amendments to the Social Housing Regulation Bill to introduce ‘Awaab’s Law’.

Social housing landlords will have to investigate and fix damp and mould in their properties within strict new time limits, Housing Secretary Michael Gove announced Thursday 9 February.

Secretary of State for Levelling Up, Housing and Communities Michael Gove said:

“The tragic death of Awaab Ishak should never have happened. He was inexcusably let down and his family repeatedly ignored. I want to pay tribute to Awaab’s family for their tireless fight for justice over the last two years.”

“Today we have announced tough new laws to force social landlords to fix their homes within strict new time limits.”

“Those landlords who continue to drag their feet over dangerous damp and mould will face the full force of the law.”

“Our Social Housing Bill will enshrine tenants’ rights in law and strengthen the Housing Ombudsman and Regulator’s powers so that poor social landlords have nowhere to hide.”

“Awaab’s Law will help to ensure that homes across the country are safe, decent and warm.”

The government has already committed to a rapid review of existing guidance on the health impacts of damp and mould, followed by new guidance tailored to the housing sector, to be published by Summer 2023.

How NJS Law can help you with housing disrepair claims

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 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.

Call us on 0800 093 3393 today to discuss your claim.

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