Author: mcpicadofelipe

Understanding Estate Administration Disputes

Post author By mcpicadofelipe
Post date 7 September 2023

mcpicadofelipe

September 7, 2023

Estate administration disputes occur when conflicts arise during the process of settling a person’s estate after their death. These disputes can result from disagreements over the validity of the deceased person’s will, conflicts between beneficiaries, or concerns about the actions of the executor or administrator.

At NJS Law, we have extensive experience dealing with contentious probate and estate disputes. We provide clear, sympathetic guidance to help resolve conflicts efficiently.

Common Types of Estate Administration Disputes

Estate disputes can take many forms. The most common include:

Disputes Regarding the Validity of the Will

One of the most frequent types of estate administration disputes involves challenges to the deceased person’s will. This may include:

Allegations that the will is not authentic
Claims that the testator (the person who created the will) lacked mental capacity
Allegations of undue influence by a third party

Challenges to the Appointment of Executors or Administrators

Disputes can arise over who has been appointed to administer the estate. Beneficiaries or interested parties may argue that the chosen executor or administrator:

Has conflicts of interest
Lacks the competence to manage the estate effectively

Claims of Undue Influence or Lack of Capacity

Some disputes focus on whether the deceased person was unduly influenced when making decisions about their estate or whether they lacked mental capacity to make informed choices about assets and beneficiaries.

Disagreements Between Beneficiaries

Beneficiaries may disagree on how assets are distributed. These disputes can become particularly contentious when:

There are valuable assets involved
Sentimental items are part of the estate

Disputes Over Interpretation of the Will

Sometimes the wording of a will is ambiguous. Disputes may arise when beneficiaries or interested parties have different interpretations of specific provisions and how they should be implemented.

Inheritance Act Claims

Individuals who feel they have not been adequately provided for can make claims under the Inheritance (Provision for Family and Dependants) Act 1975. These claims ensure that close family members or dependants receive a fair share of the estate.

How NJS Law Can Help

If amicable resolution methods fail or are unsuitable, seeking expert legal advice is essential. Our team has extensive experience in contentious probate and estate administration disputes.

We provide:

Clear, practical advice for executors, administrators, and beneficiaries
Strategic guidance to resolve disputes efficiently
Support throughout mediation or court proceedings, if necessary

We are sympathetic, understanding, and committed to achieving the best outcomes for our clients.

Get Help with Estate Administration Disputes

We are here to help. We can get it sorted – it’s what we do.

Call us today. It’s free to ask.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

Ask NJS Law

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

FAQ

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

Tags estate administration disputes, inheritance disputes

Will Disputes

Wills Disputes – Haven’t Been Left As Much As You Expected?

Post author By mcpicadofelipe
Post date 6 September 2023

mcpicadofelipe

September 6, 2023

If you believe you have not been left a fair share in a will, you may be entitled to make a legal claim. Although this situation can feel overwhelming, understanding the correct steps can help you take action with confidence.

Below is a clear guide explaining what to do if you wish to challenge a will or make an Inheritance Act claim.

Seek Specialist Legal Advice Early

First and foremost, you should speak with a solicitor who specialises in probate and inheritance disputes. An experienced solicitor can review the will, assess your circumstances, and explain whether you have valid grounds to bring a claim.

Early legal advice is crucial, as strict time limits apply in most cases.

Understand Your Legal Rights

In England and Wales, the Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to claim if a will does not make reasonable financial provision for them.

Eligible applicants may include:

A spouse or civil partner
A former spouse or civil partner
A child of the deceased
Someone treated as a child of the family
A financial dependant of the deceased

Understanding whether you qualify under the Act is a key step in assessing your options.

Assess the Strength of Your Claim

Next, your solicitor will evaluate the merits of your claim using the factors set out in the 1975 Act. These include:

The nature of your relationship with the deceased
Your current and future financial needs
Your financial resources
Any obligations the deceased had towards you

By reviewing these factors, your solicitor can advise whether your claim is likely to succeed.

Explore Negotiation or Mediation

Before starting court proceedings, it is often sensible to attempt negotiation or mediation. In many inheritance disputes, this approach leads to a quicker and less stressful resolution.

Importantly, mediation can reduce costs and help preserve family relationships. Your solicitor can manage these discussions on your behalf and work towards a fair settlement.

Gather Supporting Evidence

At the same time, you should begin collecting evidence to support your claim. This may include:

Financial documents
Proof of dependency or financial support
Evidence of your relationship with the deceased

Strong evidence can significantly improve your chances of success, especially if the case proceeds further.

Issue Court Proceedings If Necessary

If negotiations fail, your solicitor may advise issuing formal court proceedings. This involves submitting a claim to the court and setting out why the will does not provide reasonable financial provision.

Although litigation can be complex, your solicitor will guide you through each stage and protect your interests throughout.

Attend Hearings and Present Your Case

Should the matter proceed to a hearing, you will be supported at every step. Your solicitor will prepare the case, present evidence, and advocate on your behalf to achieve the best possible outcome.

Get Expert Help With a Will or Inheritance Dispute

Making a claim against a will can be legally demanding and emotionally draining. However, with the right legal advice, many disputes can be resolved successfully.

Our team has extensive experience handling contentious probate and inheritance disputes. We are sympathetic, understanding, and committed to supporting you throughout the process.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

Ask NJS Law

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

FAQ

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

Tags Contentious Probate, contesting a will, inheritance act claims, inheritance disputes, will disputes

Contesting A Will

Been Left Out Of A Will?

Post author By mcpicadofelipe
Post date 5 September 2023

mcpicadofelipe

September 5, 2023

What to Do If You Have Been Left Out of a Will

If you have been excluded from a Will and are considering making a claim, there are several important steps to take. Acting early and getting the right advice can significantly improve your position.

1. Seek Specialist Legal Advice

The first step is to speak to a solicitor who specialises in contentious probate and inheritance disputes. They can assess your circumstances, explain your legal rights, and advise whether you have grounds to bring a claim.

Early advice is crucial, particularly where time limits apply.

2. Check Whether You Are Eligible to Make a Claim

In the UK, only certain people are entitled to challenge a Will or make an inheritance claim. These may include:

A spouse or civil partner
A child of the person who has died
A person treated as a child of the family
A financial dependant

Your solicitor will assess whether you fall within one of these legal categories and whether your claim is likely to succeed.

3. Be Aware of Strict Time Limits

In England an Wales, inheritance claims must usually be made within six months of the Grant of Probate.

Missing this deadline can seriously affect your ability to bring a claim, so it is important to act as soon as possible.

4. Consider Mediation or Negotiation First

Not all inheritance disputes need to go to court. In many cases, mediation or negotiation can resolve matters more quickly and cost-effectively.

Your solicitor can advise whether alternative dispute resolution is appropriate and will represent your interests throughout the process.

5. Gather Evidence to Support Your Claim

If you intend to proceed, you will need to support your position. This may include:

Financial records
Correspondence or messages
Witness statements
Documents showing your relationship with the person who died

Strong evidence can significantly strengthen your claim.

6. Start a Formal Inheritance Claim

If mediation is unsuccessful or not suitable, your solicitor can help you issue a formal claim against the estate. This involves preparing court documents and submitting all relevant evidence.

Your solicitor will manage the process and ensure your claim is presented clearly and correctly.

7. Attend Court Proceedings (If Required)

If the matter proceeds to court, you may need to attend hearings and give evidence. Your solicitor will guide you through each stage and represent you throughout the proceedings.

Get Expert Help With Contentious Probate Claims

Inheritance law is complex, and no two cases are the same. Getting specialist legal advice ensures your rights are protected and your claim is handled properly.

Our team has extensive experience in contentious probate and inheritance disputes. We are sympathetic, understanding, and will support you every step of the way.

We are here to help.

We can get it sorted. It’s what we do.

Call us today – it’s free to ask.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

Ask NJS Law

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

FAQ

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

Tags Contentious Probate, contesting a will, inheritance act claims, inheritance disputes, will disputes

Will Disputes

How to Resolve a Will Dispute When There Is No Will

Post author By mcpicadofelipe
Post date 4 September 2023

mcpicadofelipe

September 4, 2023

When a loved one dies without leaving a will, uncertainty often follows. In many cases, this lack of clarity can lead to disagreements between family members about how the estate should be distributed. Although resolving a dispute where there is no will can feel daunting, understanding the legal framework and taking the right steps can make the process far more manageable.

Below are three practical tips to help you navigate a will dispute where no will exists.

Tip 1: Understand the Intestacy Rules

First and foremost, you should familiarise yourself with the rules of intestacy. In England and Wales, these rules determine how an estate is divided when someone dies without a valid will.

The intestacy rules prioritise beneficiaries based on their relationship with the deceased. For example:

If the deceased left a spouse or civil partner but no children, the spouse or civil partner usually inherits the entire estate.
However, if the deceased left a spouse or civil partner and children, the estate is divided differently. Currently, the spouse or civil partner receives a statutory legacy (currently £322,000), plus personal possessions and half of the remaining estate.
The remaining half is then shared equally between the children.

By understanding these rules, you can better assess your potential entitlement and approach discussions with other family members from an informed position.

Tip 2: Consider Mediation or Alternative Dispute Resolution

Although court proceedings remain an option, they are often expensive, time-consuming, and emotionally draining. Therefore, it is usually sensible to explore mediation or alternative dispute resolution at an early stage.

Mediation involves an independent third party who helps everyone communicate openly and work towards a mutually acceptable outcome. Importantly, this approach often preserves family relationships and allows disputes to be resolved more quickly.

In addition to mediation, negotiation or arbitration may also be appropriate, depending on the circumstances. These alternatives can provide a more cooperative and cost-effective way to resolve an inheritance dispute without resorting to litigation.

Tip 3: Seek Specialist Legal Advice

Because disputes involving intestacy can become complex, especially where multiple relatives are involved, seeking advice from a probate solicitor experienced in contentious probate is essential.

A solicitor can:

Explain how the intestacy rules apply to your situation
Assess the strengths and weaknesses of your position
Help you gather supporting evidence, such as proof of family relationships and financial information
Represent you during negotiations, mediation, or court proceedings

With expert guidance, you can protect your rights and work towards a fair distribution of the estate.

Get Support With a Will or Intestacy Dispute

Dealing with a dispute after a loved one’s death is never easy. However, with the right legal advice and a clear strategy, many intestacy disputes can be resolved successfully.

Our team has extensive experience handling contentious probate and inheritance disputes. We are sympathetic, understanding, and committed to supporting you at every stage.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

Ask NJS Law

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

FAQ

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

Tags contesting a will, inheritance disputes

Motorbike Accident

Navigating Potholes on Motorbikes

Post author By mcpicadofelipe
Post date 4 August 2023

mcpicadofelipe

August 4, 2023

The serene landscapes and winding roads make it an ideal destination for motorbike enthusiasts. However, behind this charming exterior lies a concealed danger that presents a significant peril to riders – potholes. These treacherous craters in the road not only challenge the stability of four-wheeled vehicles but also turn the journey into a perilous adventure for motorcyclists.

The UK is facing a mounting issue with approximately 2 million potholes, indicating a deteriorating condition of the country’s infrastructure.

A March study analysing government statistics and conducted by a price-comparison site unveiled that the Blackburn with Darwen council area had 76% of its roads in need of repair, with Bristol close behind at 78.5%.

However, this pothole problem isn’t confined to specific regions; it’s a nationwide predicament that is progressively worsening. According to the RAC’s report in June, pothole-related breakdowns have reached a five-year peak. The number of callouts for breakdowns due to poor road surfaces surged by 40% year on year, reaching 8,170 in the UK between April and June. The head of roads policy at RAC, Nicholas Lyes, attributed this surge to last winter’s series of well-below-average temperatures combined with heavy rainfall. These weather conditions allowed water to seep into cracks, freeze, and expand, causing roads to rapidly deteriorate as vehicles passed over them.

In this article, we delve into the impact of potholes on motorbike riders and explore potential solutions to address this growing concern.

The Perilous Encounter:

Riding a motorbike provides a sense of freedom and thrill, but the joyous experience quickly turns into a nerve-wracking ordeal when confronted with potholes. The smaller size and two-wheel structure of motorbikes make them more vulnerable to pothole-related accidents compared to cars. A motorcyclist’s weight is evenly distributed, and they have limited protection, leaving them exposed to the harsh realities of a pothole-riddled road.

Impact on Rider Safety:

The dangers posed by potholes to motorcyclists are multi-fold. Firstly, hitting a pothole at high speed can lead to a loss of control, resulting in the rider veering off course or, even worse, crashing into other vehicles. Secondly, the jolt experienced when a motorbike encounters a pothole can lead to serious injuries, from sprains and fractures to more severe consequences like head trauma. Moreover, potholes filled with rainwater may appear shallow, causing riders to misjudge their depth and leading to accidents.

Economic Implications:

Beyond the immediate safety concerns, potholes also take a toll on the riders’ wallets. The impact of these road hazards on motorbikes can cause damage to the suspension, tires, and rims, necessitating costly repairs or replacements. The financial burden is a double blow to riders, especially those who rely on their motorbikes for daily commuting or leisure activities.

The Nationwide Predicament:

Potholes are not an isolated issue confined to specific regions; they are a nationwide problem affecting both rural and urban roads. Weather conditions, such as heavy rainfall and temperature fluctuations, exacerbate the formation and expansion of potholes. With each passing year, the number of potholes seems to multiply, putting the safety of motorcyclists at greater risk.

Efforts and Solutions:

In an effort to combat this issue, the government committed to investing £5 billion in road and highway maintenance from 2020 to 2025. Additionally, annual funding is allocated for pothole repairs outside London. Chancellor Jeremy Hunt, in the spring budget, augmented this budget by an extra £200 million per year to combat the “curse of potholes,” raising it to a total of £700 million. Moreover, local authorities receive funding through various schemes to support road maintenance.

However, Mark Morrell, while holding this year’s Annual Local Authority Road Maintenance (Alarm) survey from the Asphalt Industry Alliance (AIA), contends that the current efforts are insufficient. The survey paints an alarming picture, revealing that local authorities received only around two-thirds of the required funding to prevent further deterioration of roads. To address the existing backlog of carriageway repairs, an estimated amount of more than £14 billion is needed.

Our NJS Law Motorbike Accident Claims Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

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

CONTACT US

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

Ask NJS Law

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

FAQ

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

Tags Personal Injury. motorbike accident claims

Cycling Accident

Cracked Streets and Collisions: Navigating Life in Pothole-Stricken Britain – Pothole Claims

Post author By mcpicadofelipe
Post date 3 August 2023

mcpicadofelipe

August 3, 2023

The UK is facing a growing pothole crisis, with an estimated 2 million potholes no affecting roads nationwide. This reflects the declining condition of the country’s road infrastructure and poses a serious risk to all road users – particularly cyclists.

How Widespread Is The Pothole Problem

Recent research highlights the scale of the issue.

A March study analysing government data found that:

Blackburn with Darwen had 76% of roads in need of repair
Bristol followed closely, with 78.5% of roads requiring attention

However, this is not a regional issue. Poor road surfaces are now a nationwide problem, and conditions continue to worsen year on year.

Pothole-Related Breakdowns at a Five-Year High

According to a June RAC report, pothole-related vehicle breakdowns have reached a five-year peak.

Between April and June alone:

Callouts caused by poor-road surfaces increased by 40% year-on-year
8,170 breakdowns were recorded across the UK

Nicholas Lyes, Head of Roads Policy at the RAC, attributed this rise to last winter’s below average temperatures and heavy rainfall. Water entered cracks in the road, froze, expanded, and rapidly weakened the surface as traffic passed over it.

Why Do Potholes Form So Frequently

Potholes develop due to a combination of factors, including:

Freeze-thaw cycles
Heavy traffic and repeated water
Water damage
Ageing road surfaces
Poor construction or maintenance

Given Britain’s climate and traffic levels, the growing prevalence of potholes is sadly unsurprising.

Government Funding and the Maintenance Shortfall

The government pledged £5 billion for road and highway maintenance between 2020 and 2025. Additional annual funding is provided for pothole repairs outside London.

In the Spring Budget, Chancellor Jeremy Hunt announced an extra £200 million per year, increasing the total pothole repair fund to £700 million annually. Local authorities also receive funding through several maintenance schemes.

However, many experts argue this is still not enough.

£14 Billion Needed to Fix Britain's Roads

The Annual Local Authority Road Maintenance (ALARM) Survey, published by the Asphalt Industry Alliance (AIA), paints a concerning picture.

According to Mark Morrell of the AIA:

Local authorities receive only two-thirds of the funding needed to stop roads from deteriorating further
Clearing the existing backlog of carriageway repairs would require more than £14 billion

This funding gap means potholes continue to form faster than they can be repaired.

Why Potholes Are Especially Dangerous for Cyclists

Potholes present a serious hazard to cyclists, often causing riders to lose control and fall into live traffic.

The danger increases in wet weather. Rain fills potholes with water, making them difficult to spot and easy to mistake for shallow puddles.

Real Cases Highlight the Risk

In one real case, a cyclist believed he had ridden through a puddle but instead hit a deep pothole. The impact broke his bike frame and caused injury. He later made a successful claim against a local authority.

In a more tragic incident, a retired music teacher lost his life after his bike became trapped in a 23cm deep pothole in Wyre, Lancashire.

While fatalities are rare, even one is too many.

Accountability and the Need for Change

Our goal is not only to help injured cyclists secure compensation, but also highlight the urgent need for better road maintenance and safer infrastructure.

Responsibility lies with both central and local government to address what many describe as the woefully inadequate state of the UK’s roads and to protect vulnerable road users.

Speak to Our Cycling Accident Claims Specialists

The NJS Law Cycling Accident Claims team is sympathetic, understanding, and experienced in helping cyclists injured due to poor road conditions.

If you would like to discuss a pothole related cycling accident, we offer a free, no obligation consultation.

Contact us by phone or email today

We are here to help you achieve the outcome you deserve.

CONTACT US

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

Ask NJS Law

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

FAQ

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

Tags Cycling Accident Claims, motorbike accident claims, Personal Injury

Road Traffic Accident

Personal Injury as a Passenger – How to Make a Claim

Post author By mcpicadofelipe
Post date 19 July 2023

mcpicadofelipe

July 19, 2023

Few of us think about the trust we place in the driver of a vehicle we are travelling in. Whether it’s a taxi, bus, airport transfer, or a friend behind the wheel, we usually assume we’ll arrive safely. Unfortunately, statistics show that road traffic accidents (RTAs) are common, and passengers are often the victims.

Latest 2021 statistics show:

25,892 people were seriously injured, and
1,558 lost their lives in RTAs.
Most of these accidents involved motor vehicles, with 34 incidents involving buses and coaches.

If you suffer moderate to severe injuries as a passenger, you may be able to make a personal injury claim. This guide explains what you need to know. And, our Personal Injury Solicitors are always available to discuss your case directly.

How Do Road Traffic Accidents Happen?

RTAs can occur in seconds. Research shows that 38% of accidents happen because the driver failed to look properly. Other common causes include:

Failing to judge vehicle speed
Careless, reckless, or hurried driving
Poor turns or manoeuvres
Loss of control
Pedestrians not looking properly
Slippery road conditions
Driving too fast for the conditions
Excessive speed
Sudden braking

The Impact of Speed on Passenger Injuries

Even small increases in vehicle speed can significantly raise the risk of serious injury. Head-on, side, front, and rear impacts can all result in severe trauma to passengers, especially when they have no warning that a collision is imminent.

If you’re unsure whether you have a claim, visit our page on road traffic accident claims.

What Types of Injuries Do Car Accidents Cause?

Passenger injuries generally fall into two categories.

Impact Injuries

These occur when the force of a collision throws the body into parts of the vehicle. Even a 30 mph crash with a stationary object can cause:

Closed head injuries
Whiplash
Internal injuries or bleeding
Broken ribs and organ damage

Learn more about common injuries on our serious injury claims page.

Penetrating Injuries

These occur when an object pierces or cuts the body, often due to:

Shattered glass
Detached vehicle parts
Crushing or folding of the vehicle cabin

These may result in deep wounds, fractures, facial injuries, and in severe cases, amputations.

What Should I Do If I'm a Passenger Injured in a Car Accident?

If you suffer serious injuries, seek immediate medical assistance. After that, you or a family member should contact a Personal Injury Solicitor as soon as possible.

The Rehabilitation Code

Your solicitor may use the Rehabilitation Code, which encourages collaboration between both sides to ensure early access to treatment, physiotherapy, mental health support, and other essential rehabilitation services.

Will I Have to Go to Court?

Most RTA passenger injury claims are settled without going to court. Liability is usually determined using:

Police reports
Medical evidence
Accident circumstances

Disputes often arise over the value of compensation, not fault. In such cases, your solicitor may arrange an expert medical report to assess long-term needs. You can read more on our compensation and damages page.

Conclusion

Being injured as a passenger can have life-changing effects – but legal support can help you secure the compensation needed for treatment, recovery, and future support.

Our specialist Personal Injury Solicitors have decades of experience representing injured passengers. We provide compassionate, expert guidance every step of the way.

CONTACT US

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

Ask NJS Law

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

FAQ

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

Tags Personal Injury, road traffic accident

Accident at Work

Claim For Work Accident: The Ultimate Guide

Post author By mcpicadofelipe
Post date 14 July 2023

mcpicadofelipe

July 14, 2023

Most of us take for granted that we will return home safely from work at the end of the day. Unfortunately, this is not always the case. According to Health and Safety Executive (HSE) figures for 2021/22, over 565,000 workers sustained an injury at work, and tragically, 135 workers lost their lives due to workplace accidents.

If you have been injured at work, claiming compensation is often essential. It can help cover lost earnings, household bills, and the cost of private medical treatment or rehabilitation to support your recovery. In this comprehensive guide, we explain how to make a workplace personal injury claim, what steps to take after an accident, and how an experienced Personal Injury Solicitor can significantly improve your chances of success.

Why Claim Compensation for a Workplace Injury?

A workplace injury can have serious physical, emotional, and financial consequences. Compensation can help to:

Replace lost income if you are unable to work
Fund private medical treatment or rehabilitation
Cover ongoing care and support costs
Provide financial security for you and your family

An experienced Workplace Injury Solicitor can assess your case, gather evidence, and pursue a claim against your employer where health and safety failures have occurred.

What Are the Most Common Types of Workplace Injuries?

Workplace injuries range from minor accidents to life-changing and catastrophic injuries. Below are some of the most common types of injuries at work.

Slips, Trips, and Falls at Work

Wet floors, uneven surfaces, poor lighting, and cluttered walkways can cause injuries such as sprains, fractures, back injuries, and head injuries.

Overexertion and Manual Handling Injuries

Often caused by repetitive movements or lifting heavy objects, particularly in manual labour roles. These injuries commonly include muscle strains, ligament damage, and hernias.

Injuries Caused by Falling Objects

Common in warehouses, construction sites, and agricultural settings. Without proper risk assessments, falling objects can cause concussions, crushed limbs, or severe brain injuries.

Machinery and Equipment Accidents

Operating heavy machinery can result in entanglement injuries, crush injuries, deep lacerations, or amputations where proper safeguards are not in place.

Being Hit by Moving Vehicles at Work

Forklifts, delivery vehicles, or site traffic can cause serious injuries, including broken bones, whiplash, and traumatic brain injuries.

Repetitive Strain Injury (RSI)

Frequently affects office workers and factory employees who perform repetitive movements over long periods, particularly keyboard and assembly-line work.

Burns and Scalds in the Workplace

Exposure to flames, hot surfaces, chemicals, or electricity can cause severe burns, long-term pain, scarring, and permanent disfigurement.

Noise-Induced Hearing Loss

Prolonged exposure to loud noise in industries such as construction, manufacturing, aviation, and agriculture can lead to permanent hearing damage.

What Should I Do After an Accident at Work?

Taking the correct steps following a workplace accident can greatly improve your chances of a successful compensation claim.

Seek Medical Attention Immediately

Your health is the priority. Medical treatment not only protects your wellbeing but also creates an official medical record linking to your injuries to the accident.

Report the Accident to Your Employer

Employers with ten or more employees must record workplace accidents and keep records for at least three years. Ensure the incident is properly logged and request a copy.

Gather Evidence of the Accident

If possible:

Take photographs of the accident scene and any hazards
Obtain witness contact details and statements
Write down exactly what happened while it is still fresh in your memory

Keep Records of Financial Losses

Maintain evidence of:

Medical and rehabilitation expenses
Travel costs for treatment
Lost earnings and reduced future income
Home or vehicle adaptations

These records will help your Solicitor accurately calculate your compensation.

Why Instruct a Workplace Injury Solicitor?

Choosing the right Personal Injury Solicitor can significantly impact your claim. An experienced Solicitor will:

Investigate employer negligence
Obtain medical and expert evidence
Handle negotiations with insurers
Represent you in court if necessary

Thy will also advise you on time limits. Under the Limitation act 1980, most workplace injury claims must be made within three years of the accident date. However, exceptions may apply, particularly where symptoms develop later.

Even if you believe you may be out of time, a Solicitor may be able to argue that the Court should exercise discretion and allow your claim to proceed.

How Are Legal Fees Paid in a Workplace Injury Claim?

Most workplace injury claims are funded through a No Win, No Fee agreement. This means:

You do not pay legal fees if your claim is unsuccessful
Fees are only payable if your claim succeeds
You may be responsible for certain disbursements, which will be explained clearly in advance.

Can My Employer Dismiss Me for Making a Claim?

No. It is unlawful for an employer to dismiss you for making a legitimate personal injury claim. If this occurs, you may also have a claim for unfair dismissal through the Employment Tribunal.

Employers are legally required to hold Employer’s Liability Insurance (minimum £5 million). This insurance covers compensation claims, meaning you are not putting your employer’s business or personal finances at risk.

Workplace Injury Claims - Final Thoughts

Making a claim for a workplace injury can feel overwhelming, especially when you are trying to recover physically and emotionally. However, with the support of an experienced Personal Injury Solicitor, you can focus on your health while your legal team handles the process for you.

Our team has decades of combined experience in workplace and personal injury claims.

NJS Law Personal Injury Specialists are compassionate, approachable, and committed to achieving the best possible outcome for you.

Free, No Obligation Consultation

If you have been injured at work and would like advice, please contact us today to arrange a free, no obligation consultation. We are available by phone or email and are here to help.

CONTACT US

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

Ask NJS Law

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

FAQ

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

Tags accident at work claims, Personal Injury

Personal Injury

A Comprehensive Guide to Personal Injury Claims

Post author By mcpicadofelipe
Post date 6 July 2023

mcpicadofelipe

July 6, 2023

Accidents can happen at any time. Unfortunately, they can also cause injuries that significantly affect your health, work, and quality of life. When someone else’s negligence causes an injury, you may have the right to seek compensation through a personal injury claim.

In this article, we explain what personal injury claims are, the most common types of claims, how the legal process works, and what you should consider before taking action.

Gather Evidence Early

A personal injury claim is a legal process that allows an injured person to recover compensation when another party’s negligence has caused harm. These claims aim to support recovery by covering the physical, emotional, and financial impact of an injury.

Compensation may include:

Pain and suffering
Medical treatment and rehabilitation
Loss of earnings
Ongoing care and support

Ultimately, the goal is to help you move forward with your life following an accident.

Common Types of Personal Injury Claims

Personal injury claims can arise from many different situations. Below are some of the most common examples.

Road Traffic Accident Claims

Road traffic accident claims involve injuries caused by the negligence of another road user. You may be able to claim compensation if you were injured as a:

Driver
Passenger
Pedestrian
Cyclist or motorcyclist

These claims often relate to car accidents, motorcycle accidents, and pedestrian collisions.

Workplace Accident Claims

Employers have a legal duty to provide a safe working environment. If you suffer an injury at work due to unsafe conditions, poor training, or faulty equipment, you may be entitled to make a workplace accident claim against your employer.

Public and Occupiers’ Liability Claims

Public and occupiers’ liability claims arise when someone is injured in a public place or on private property. Common locations include:

Shops and shopping centres
Parks and public spaces
Pavements and car parks

In these cases, property owners or occupiers may be liable if they failed to maintain safe conditions.

Serious Injury Claims

Serious injury claims, sometimes referred to as catastrophic injury claims, involve injuries that have a long-term or life-changing impact. These injuries can affect not only the injured person but also their family.

Examples include:

Brain injuries
Spinal cord injuries
Amputations
Serious burns
Severe medical injuries
Fatal accidents

Because of their complexity, these claims usually require specialist legal advice.

The Personal Injury Claims Process

1. Speak to a Personal Injury Solicitor

To begin a personal injury claim, it is advisable to consult a specialist solicitor. They can assess your case and explain the claims process clearly.

2. Gather Evidence

Your solicitor will help collect evidence to support your claim. This may include medical records, accident reports, witness statements, and financial documents.

3. Letter of Claim

Once the evidence is in place, your solicitor will send a formal letter of claim to the responsible party. This letter sets out how the accident occurred and the losses you have suffered.

4. Negotiations and Settlement

The defendant’s insurer will respond to the claim. In many cases, negotiations lead to a fair settlement without the need for court proceedings.

5. Court Proceedings (If Needed)

If a settlement cannot be reached, your solicitor may issue court proceedings. Throughout this process, they will represent your interests and guide you at every stage.

Important Things to Consider

Time Limits

In most personal injury cases, you have three years from the date of the accident to make a claim. However, exceptions apply, particularly for children and protected parties.

No Win, No Fee

Many personal injury claims are funded through no win, no fee agreements, also known as Conditional Fee Agreements (CFAs). This means you usually do not pay legal fees if your claim is unsuccessful, although some disbursements may still apply.

Compensation

Compensation depends on several factors, including the severity of your injuries and the financial losses you have suffered. Awards may cover medical costs, loss of income, rehabilitation expenses, and pain and suffering.

Final Thoughts

Personal injury claims provide a legal route to compensation when injuries occur because of someone else’s negligence. By understanding the claims process and seeking specialist legal advice, you can protect your rights and pursue the compensation you deserve.

Our team has decades of combined experience handling personal injury claims. The NJS Law Personal Injury Specialists are sympathetic, supportive, and committed to achieving the best possible outcome for you.

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

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Tags occupier liability, Personal Injury, public liability