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Author: mcpicadofelipe

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Serious Injury

Traumatic Brain Injury Claims: Understanding Your Rights and Legal Options

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Have you or a loved one suffered a traumatic brain injury (TBI) due to an accident or negligence? If so, it is essential to understand your legal rights and the steps you can take to secure justice and compensation. Traumatic brain injuries can be life-changing, and pursuing a traumatic brain injury claim can provide vital financial and practical support.

Below, we explain what a traumatic brain injury is, the support available, and why making a claim may be crucial to your recovery.

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What Is a Traumatic Brain Injury?

A traumatic brain injury occurs when a sudden blow or jolt to the head disrupts normal brain function. These injuries commonly result from:

  • Road traffic accidents
  • Falls from height
  • Workplace accidents
  • Sports-related injuries

TBIs can have long-lasting effects on cognition, memory, behaviour, and emotional wellbeing. In many cases, they also significantly reduce a person’s quality of life.

Medical Treatment and Rehabilitation After a TBI

After a traumatic brain injury, immediate medical attention is critical. Early diagnosis and treatment help stabilise the injury and prevent further damage. This process often includes brain imaging, neurological assessments, and specialist interventions.

In more serious cases, individuals may require care in an acute hospital setting or an inpatient rehabilitation facility. Here, a multidisciplinary medical team typically provides intensive support. This team may include neurologists, physicians, physiotherapists, occupational therapists, speech therapists, and psychologists.

Furthermore, people with severe or complex TBIs often need long-term rehabilitation. Ongoing therapy, vocational rehabilitation, and community support services can play a vital role in improving independence and quality of life. Importantly, every brain injury is different, so rehabilitation plans must be tailored to the individual’s needs.

Support and Resources for Families

When a family member sustains a traumatic brain injury, the impact extends beyond the injured person. Families often face emotional, practical, and financial challenges.

Common Challenges Families Experience

  • Emotional strain: Families may experience shock, anxiety, grief, or frustration while adjusting to changes in personality or behaviour.
  • Changing roles: Loved ones often take on caregiving responsibilities, manage medical appointments, and assist with daily living needs.
  • Financial pressure: Medical treatment, rehabilitation costs, and loss of income can place significant strain on household finances.

For these reasons, families should seek guidance from healthcare professionals, social workers, and organisations specialising in brain injury support. These resources can provide advice, emotional support, and access to essential services.

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Why Traumatic Brain Injury Claims Are So Important

Making a traumatic brain injury compensation claim can help you or your loved one access the resources needed for recovery and long-term care. Compensation may cover:

  • Medical and rehabilitation expenses
  • Ongoing therapy and support services
  • Loss of earnings and future income
  • Pain, suffering, and reduced quality of life

Moreover, pursuing a claim holds the responsible party accountable and ensures that your future needs are properly addressed.

Time Limits for Traumatic Brain Injury Claims

It is important to act promptly. Strict time limits, known as limitation periods, apply to traumatic brain injury claims. These limits vary depending on the circumstances of the case. Therefore, speaking to an experienced brain injury solicitor as early as possible helps protect your right to claim compensation.

Why You Should Seek Specialist Legal Representation

Traumatic brain injury claims are often complex. As a result, you should seek advice from a solicitor who specialises in brain injury and catastrophic injury claims. A specialist lawyer will understand the medical and legal issues involved, work with expert clinicians, gather strong evidence, and negotiate with insurers on your behalf.

Most importantly, your solicitor will fight to secure the maximum compensation available, allowing you to focus on recovery rather than legal stress.

Start Your Journey to Justice Today

Traumatic brain injuries can have a profound and lasting impact on both individuals and their families. However, by making a traumatic brain injury claim, you take a positive step towards justice, financial security, and access to vital rehabilitation.

At NJS Law, we not only ensure you receive the compensation needed to support your future, but we also help arrange treatment and rehabilitation to improve your standard of living.

Our team has decades of combined experience representing clients in brain injury cases. We are compassionate, understanding, and committed to supporting you every step of the way.

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Pedestrian Accident

How To Claim Compensation For A Pedestrian Accident

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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.

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Medical Negligence

Secondary Victims and Psychiatric Injury in Clinical Negligence Claims

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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.

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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:

  1. A close relationship of love and affection, typically a marital or parental relationship
  2. A sudden and unexpected shock to the claimant’s nervous system
  3. Physical presence at the scene of the accident or its immediate aftermath
  4. Psychiatric injury caused by witnessing the death, serious injury, or extreme danger to the primary victim
  5. 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.

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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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Personal Injury

How Much Is My PI Claim Worth? by Rachel Hughes

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Since the whiplash reforms came into force on 31 May 2021, the way compensation is calculated for whiplash injuries has changed significantly. These reforms apply to claimants who suffer whiplash injuries as a driver or passenger in a motor vehicle.

Under the new rules, compensation is determined by a fixed tariff, which has reduced the level of damages previously awarded for these injuries.

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How the Whiplash Tariff Works

The whiplash tariff sets compensation amounts based on the duration of symptoms rather than individual circumstances. Current tariff awards range from:

  • £240 for whiplash injuries lasting up to 3 months
  • £4,215 for whiplash injuries lasting up to 24 months

As a result, many claimants now receive significantly lower compensation than they would have before the reforms were introduced.

Psychological Injuries and Whiplash Claims

In addition to physical symptoms, minor psychological injuries, such as travel anxiety, are also included within the whiplash tariff. This means that claimants usually receive only a small additional sum on top of their whiplash award, rather than separate compensation.

Who Is Exempt from the Whiplash Tariff?

Importantly, the whiplash tariff does not apply to vulnerable road users. This includes:

  • Pedestrians
  • Cyclists
  • Motorcyclists

These claimants are assessed under traditional personal injury principles and are not restricted by the tariff when claiming compensation.

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What If You Have a Non-Whiplash Injury?

Recent Court of Appeal guidance has confirmed an important exception to the tariff system. If a claimant suffers a non-whiplash injury in addition to whiplash, compensation is not limited to the tariff alone.

Examples of non-whiplash injuries include:

  • Knee injuries
  • Elbow injuries
  • Hip injuries

In these cases, the claimant may receive additional compensation, which can significantly increase the overall value of the claim.

How NJS Law Can Help

Our team has decades of combined experience handling personal injury and whiplash claims. We understand the complexities of the whiplash reforms and how recent legal developments may affect your compensation.

The NJS Law Personal Injury Specialists are sympathetic, knowledgeable, and committed to achieving the best possible outcome for every client.

If you would like to discuss your situation, please get in touch today to arrange a free, no-obligation consultation. We are available by phone or email.

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Motorbike Accident

Understanding Motorcycle Accident Claims: Seeking Compensation and Justice

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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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Public Liability

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

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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:

  1. The Defendant owed you a duty of care
  2. They breached that duty
  3. 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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Dental Negligence

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

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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”.

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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.

CONTACT US

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

0800 6525 656
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Cycling Accident

Lives Changed Forever – Catastrophic Brain Injury Following A Cycling Accident

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In February, newsreader and Strictly Come Dancing contestant Dan Walker suffered concussion and facial injuries after being knocked off his bike by a car. Fortunately, he made a full recovery, despite having no memory of the impact.

Sadly, not all cyclists are so fortunate.

Between 2016 and 2021, an average of two cyclists were killed and 84 were seriously injured every week. Data shows that in cycling accidents, over 40% of adults and 45% of children admitted to hospital suffer head injuries.

According to ROSPA, more than 70% of cyclist fatalities in London involved moderate or severe head injuries. On rural roads, this figure rises to over 80%.

Why Traumatic Brain Injuries Are So Serious

A traumatic brain injury (TBI) can cause lifelong complications, even when the initial injury appears mild.

Compensation is often essential to:

  • Cover loss of income if the injured person cannot work
  • Access urgent rehabilitation
  • Fund long-term care and specialist accommodation in severe cases

Early access to rehabilitation can significantly improve long-term outcomes.

What Is a Traumatic Brain Injury?

It does not take a major impact to cause a TBI.

Research by Cambridge University found that 45% of patients experienced symptoms such as:

  • Fatigue
  • Poor concentration
  • Depression

These are symptoms persisted six months or more after a concussion.

How TBIs Occur in Cycling Accidents

When a cyclist’s head strikes a hard surface, such as the road or a vehicle, the brain can move violently inside the skull. this movement can twist and tear nerve fibres.

Additional damage may occur due to:

  • Bleeding inside the brain
  • Swelling and blood clots
  • Lack of oxygen if the cyclist is unconscious or choking

These secondary injuries often develop hours or days after the accident, making TBIs particularly dangerous.

Do Cycle Helmets Protect Against Traumatic Brain Injury?

The debate around cycle helmets continues in the UK. However, medical evidence strongly supports helmet use.

A 2019 study published in the British Medical Journal concluded that:

  • Severe TBIs are significantly more common in cyclists not wearing helmets
  • Skull fractures and brain bleeds are at least three times more likely without a helmet
  • Helmeted cyclists experienced fewer facial injuries, reduced loss of consciousness, and lower rates of ICU admission

Studies from countries such as the Netherlands support these findings.

In short, helmets provide meaningful protection against traumatic brain injuries.

Can I Claim Compensation for a TBI After a Cycling Accident?

You may be able to claim compensation if you can show that another party was negligent. This could include:

  • A driver
  • Another cyclist
  • A local authority (for potholes or road defects)

To establish negligence, you must prove:

  • A duty of care was owed to you
  • That duty was breached
  • The breach caused your injury

Building a Strong TBI Compensation Claim

TBI claims can be complex. A specialist solicitor will:

  • Review medical records
  • Investigate the accident scene
  • Instruct expert witnesses
  • Assess long-term prognosis and care needs

Expert evidence is often crucial in proving how the injury occurred and what support will be required in the future.

Why Specialist Legal Support Matters

Traumatic brain injury claims arising from cycling accidents are among the most complex personal injury cases.

You need a solicitor who is:

  • Compassionate and supportive
  • Highly experienced in TBI claims
  • Determined to secure rehabilitation and long-term compensation

Although these cases can take time, an experienced solicitor will manage the legal process and organise rehabilitation so you can focus on recovery.

Speak to Our Cycling TBI Claims Specialists

Our team has decades of combined experience representing clients in traumatic brain injury claims following cycling accidents.

We are sympathetic, understanding, and committed to supporting you and your family every step of the way.

Call us on 01625 667166

Or email us today to arrange a free, no obligation consultation

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Dental Negligence

Failed Root Canal Treatment and Dental Negligence

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Root canal treatment is a common dental procedure used to save a severely decayed or infected tooth and avoid extraction. In most cases, it is safe and effective. However, when a dentist fails to carry out the procedure to an acceptable standard, root canal treatment can fail due to dental negligence.

In this article, we explain the most common causes of failed root canal treatment and when a dentist may be considered negligent.

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Common Causes of Root Canal Treatment Failure

Root canal negligence can occur for several reasons. Most commonly, failure arises from errors made during or after the procedure.

Incomplete Removal of Infected Tissue

During root canal treatment, the dentist must remove all infected or damaged tissue from the pulp chamber and root canals. If infected material is left behind, bacteria can continue to spread. As a result, the tooth may become reinfected, causing ongoing pain and inflammation.

Improper Filling of the Root Canals

Once the canals are cleaned, they must be sealed correctly to prevent bacteria from re-entering. However, if the dentist fills the canals poorly or leaves gaps, bacteria can return. Consequently, this may lead to further infection and treatment failure.

Poorly Fitted Crown

After root canal treatment, dentists usually place a crown over the tooth to protect it. If the crown does not fit properly, gaps can form between the crown and the tooth. Over time, these gaps allow bacteria to enter, increasing the risk of infection and pain.

Symptoms of a Failed Root Canal

When root canal treatment fails due to negligence, patients may experience:

  • Persistent or worsening pain
  • Swelling or infection around the tooth or gums
  • Sensitivity when biting or chewing
  • The need for further treatment or tooth extraction

In severe cases, the tooth may need to be removed entirely, resulting in additional discomfort and unexpected dental costs.

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When Is a Dentist Liable for Root Canal Negligence?

A dentist may be held legally responsible if they fail to meet the expected standard of care. Dentists have a duty to act with reasonable care and skill. If they fall below this standard and cause harm, they may be liable for dental negligence.

To succeed in a dental negligence claim, you must show that:

  • The dentist owed you a duty of care
  • They breached that duty
  • Their actions caused you harm
  • You suffered pain, financial loss, or other damage as a result

Compensation may cover corrective dental treatment, medical expenses, lost income, and pain and suffering.

How Dental Negligence Can Affect You

In addition to physical pain, failed root canal treatment can cause emotional distress and anxiety. Furthermore, the financial impact can be significant, especially if you need private dental treatment to correct the damage.

If your dentist’s negligent acts or omissions have caused you harm, you may be entitled to compensation to help you move forward.

How NJS Law Can Help With Your Dental Negligence Claim

NJS Law has a dedicated team with decades of combined experience in handling dental negligence claims. We provide high-quality legal representation exclusively for patients who have received negligent dental treatment.

Because every case is different, we offer tailored advice based on your individual circumstances. Our Dental Negligence Specialists are sympathetic, understanding, and committed to supporting you throughout the claims process.

In many cases, NJS Law can act on your behalf on a No Win No Fee basis.

CONTACT US

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

0800 6525 656
medical@njslaw.co.uk

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

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FAQ

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