NJS BREAKING NEWS!

Pedestrian hit by car whilst crossing road. She has been paid £10,000 for her injuries.        Support worker, who was assaulted at work, has been awarded £8,000 following the incident.        Motorcyclist compensated £27,500 after he was hit by third party vehicle unexpectedly swerving into him.        Worker receives £25,000 in compensation after hurting back trying to lift crate of water.        

Contact Us
New Clients Call Us: 0800 6525 656
Existing Clients
Contact us
New Clients Call Us: 0800 6525 656
Existing Clients
Trustpilot

Author: mcpicadofelipe

Categories
Blog

Cohabitation Disputes: Making a TOLATA Claim

mcpicadofelipe

A TOLATA claim (Trusts of Land and Appointment of Trustees Act 1996) or Cohabitation Disputes, is where individuals dispute an aspect of their cohabitation or financial stake in the property.

Who can make a Cohabitation Disputes / TOLATA claim?

Usually, TOLATA is implemented when a dispute transpires between unmarried couples who live in a property owned either solely by one individual or through joint tenants/tenants in common. But the court is there to help any parties who are disputing over the property, no matter their personal relationship.

Additionally, it can be common for TOLATA to be a useful way to establish whether an individual has an interest in the property. If you believe you have a beneficial interest in a property and are being treated unfairly or not compensated for your contributions, you may be entitled to file a TOLATA claim to recover your financial interest in the property in the form of a lump sum payment or the right to occupy.

What does it involve?

Before starting a TOLATA claim, we typically advise settling the dispute by means of Mediation or Solicitor Negotiation. This can be less time-consuming and easier on the individuals involved but we understand it is not always achievable.

The general process of pursuing a TOLATA claim will look like this:

1) Letter Before Claim
The letter will include your intentions and legal position – it will set out your case for the opposing party and will include evidence to support your claim.

2) Response
The opposing party will have a short window to respond and set out their case. They will either agree or disagree with your claim.

3) Negotiations & Settlement
The aim of this step in the process is to resolve the dispute outside of Court. The solicitors on both sides will negotiate for an early settlement and the case will not need to progress any further if a successful agreement is reached.

4) Court
This may be the only option if unable to negotiate but you have a strong legal position – your solicitor will advise on the next steps of formally pursuing a TOLATA claim through the Court.

How we can help

NJS Law understands that each client is unique, and our experienced Cohabitation Dispute team will work with you to provide advice and solutions tailored to your individual circumstances.

Our expert team will assist in pursuing a TOLATA claim, as well as, ensuring you are protected from future claims and defending you if there is a claim being made against you. Getting the right advice on TOLATA and property disputes is critical and that’s why NJS Law is here. Our team will proactively work with you to settle the dispute outside of court but are extensively experienced in handling claims that are left with no other option.

If you would like to discuss your matter with us or require more information on Cohabitation Disputes, please contact NJS Law today to arrange a free no obligation consultation.

Back to Blogs

Ask NJS Law

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

Contact Us

FAQ

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

Read More
Categories
Road Traffic Accident

Have You Been Injured in a Car Accident? Start Your Car Accident Claim Today

mcpicadofelipe

We never expect to be involved in a road collision – until it happens. Even the safest drivers can find themselves injured in a car accident due to someone else’s negligence. If you or a loved one has been hurt through no fault of your own, you may be entitled to car accident compensation.

Claim Now

What Can You Claim After a Car Accident?

At NJS Law, our specialist car accident lawyers have extensive experience supporting drivers and passengers with their car accident claim. Collision-related injuries and losses can vary greatly, but common examples include:

Injuries You May Claim For:

  • Broken or fractured bones
  • Neck and spinal trauma
  • Brain injuries
  • Whiplash
  • Burns
  • Paralysis
  • Fatal injuries leading to loss of life

Depending on the severity of your injuries, you may be entitled to compensation for pain, suffering, and loss of amenity.

Emotional & Psychological Trauma

A collision can cause lasting mental and emotional distress. If you are suffering from anxiety, trauma, or psychological symptoms following the accident, this may form part of your road traffic accident claim.

Financial Losses You Can Recover

You may also be able to claim back financial losses such as:

  • Vehicle repairs or total loss value
  • Hire car costs
  • Recovery and towing fees
  • Damage to clothing or personal items
  • Medical and rehabilitation expenses
  • Loss of earnings
  • Travel expenses
  • Fuel loss

If you are unsure what you can claim for, our Personal Injury team will clearly explain your options.

Claim Now

How NJS Law Can Help You After a Car Accident

Claims Caused by Poor Road Conditions

Even if another driver wasn’t involved, you may still be able to claim. Poor road maintenance, such as potholes, cracks, or uneven surfaces, can make the highway unsafe. In these cases, we may be able to help you claim against the council or Highways England.

No Win No Fee Car Accident Solicitors

We know that a collision can create financial strain, which is why we offer:

  • No Win No Fee representation – learn more
  • Free, no-obligation consultations

This means you can pursue your car accident compensation with confidence and without financial risk.

Your Next Steps: What to Do if You Want to Make a Claim

If you’re ready to begin your claim, gathering evidence will help strengthen your case. You should try to collect:

  • Photographs of the accident scene or vehicle damage
  • Eyewitness statements and contact details
  • Medical reports or hospital records
  • Information about the other party involved

Once we receive your information, our car accident legal advice team will guide you through the entire process with honest, clear, and expert support.

Start Your Accident Claim Today

NJS Law is committed to helping you secure the compensation you deserve. Contact our team today to start your car accident claim and get the support you need.

CONTACT US

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

0800 6525 656
injury@njslaw.co.uk

Ask NJS Law

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

Contact Us

FAQ

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

Read More
Categories
Accident at Work

Claiming Compensation for a Workplace Accident

mcpicadofelipe

If you have been injured in an accident at work, you may be entitled to claim compensation. Under UK law, many workers – including casual workers, agency staff, and the self-employed – are often still classed as employees and are therefore entitled to the same health and safety protections.

If you are an agency worker, responsibility for your safety may rest with both the agency and the company where you are placed. If either party failed in their duty of care, you could be eligible to make a workplace accident claim.

Types of Workplace Accidents

Accidents can happen in almost any working environment. While higher risk industries such as construction and manufacturing see more serious injuries, office workers, retail staff, and supermarket employees are also vulnerable to accidents at work.

Even desk based roles can result in injuries such as repetitive strain injury (RSI), back pain, eye strain, and carpal tunnel syndrome.

Common Cause of Workplace Accidents

The most common causes of workplace accidents we see include:

  • Slips, trips, and falls
  • Overexertion and muscle strain
  • Falling objects
  • Vehicle collisions at work
  • Exposure to harmful substances
  • Violence or assaults in the workplace

If you have suffered a workplace injury, it is important to seek medical attention immediately. Even injuries that initially appear minor can worsen over time and lead to long-term complications.

Making an Accident at Work Claim

If your injury was caused by a failure to follow health and safety regulations, you may be able to make a claim to compensation.

In some circumstances, you may still be able to claim even if you were partly responsible for the accident – for example, where faulty equipment, inadequate training, or unsafe working conditions made your injuries worse.

Employer's Legal Responsibilities

Your employer has a legal duty of care to protect your health and safety at work. This includes:

  • Carrying out regular risk assessments
  • Providing appropriate safety equipment (e.g. helmets, gloves, eye protection)
  • Offering proper training and safe systems of work

Time Limits for Workplace Injury Claims

In most cases, you have three years from the date of your workplace accident to start a claim. In some situations, this time limit may run from the date you became aware that your injury was caused by someone else’s negligence.

Our experienced solicitors can assess your situation and advise whether you are eligible to claim.

Costs and Compensation

Our specialist workplace accident solicitors will work to secure the compensation you deserve. Compensation may cover:

  • Loss of earnings
  • Private medical treatment
  • Rehabilitation and ongoing care
  • Travel expenses and other financial losses

No Win No Fee Workplace Accident Claims

We handle the majority of accident at work claims on a No Win No Fee basis. This means:

  • No upfront legal costs
  • No legal fees if your claim is unsuccessful

How We Can Help

Our team has decades of combined experience handling workplace accident and serious injury claims across England and Wales.

Why Choose NJS Law?

  • Specialist workplace accident solicitors
  • Sympathetic, understanding legal support
  • Free, no obligation consultation
  • Proven track record of successful claims

If you would like to discuss your workplace accident or injury, contact us today to arrange a free, no obligation consultation with one of our experienced solicitors.

Call on 01625 667 166 or email injury@njslaw.co.uk

Back to Blogs

Ask NJS Law

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

Contact Us

FAQ

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

Read More
Categories
Contesting A Will

Contesting a Will

mcpicadofelipe

We understand how distressing it can be when the terms of a Will do not reflect expectations, or when disputes arise between beneficiaries and those responsible for administering the estate.

Inheritance disputes are often emotionally charged and legally complex. Where estates are large or involve multiple assets, the issues can become even more complicated. In these situations, having experienced legal professionals on your side is essential.

Reasons to Contest a Will

You may be entitled to contest a Will in a number of situations, including where:

  • You have been left out of the Will
  • You have received less than expected or less than promised
  • You believe the Will is incorrect or unfair

When Is a Will Invalid?

A Will may be legally invalid if:

  • The person making the Will lacked testamentary capacity
  • The Will was made under undue influence
  • The Will was not properly signed or witnessed
  • The Will is believed to be forged or fraudulent

If you are considering contesting a Will, it is important to seek specialist legal advice as early as possible, particularly as strict time limits may apply.

Challenging an Executor of a Will

If you believe the executor of an estate is mismanaging their responsibilities, you may be able to bring a claim against them.

We recognise that this situation can make the bereavement process more difficult. Executors are entrusted with significant responsibilities, including:

  • Collecting the deceased’s assets
  • Preparing accounts of assets and liabilities
  • Paying outstanding debts
  • Distributing the estate in accordance with the Will

This is often a deeply personal role, requiring honesty, care, and transparency.

When Can an Executor Be Challenged?

You may have grounds to challenge an executor if they are:

  • Failing to carry out their duties
  • Distributing asset incorrectly
  • Delaying administration without good reason
  • Acting dishonestly or negligently

In serious cases, the court has the power to remove an executor and appoint a replacement. This may include appointing an independent solicitor to take over the administration of the estate.

When There Is No Will

Dealing with the estate of a loved one who has died without leaving a valid Will can particularly challenging.

When someone dies without a Will, they are said to have died intestate. The rules of intestacy determine who is entitled to inherit. These rules are strict and often do not reflect the deceased’s personal relationships or intentions.

Common Problems With Intestacy

Issues frequently arise where:

  • There are disputes over who should administer the estate
  • A partner, child, or dependant has not been adequately provided for
  • An estranged spouse inherits under the intestacy rules
  • There were verbal promises or understandings not reflected in law

The rules of intestacy make no provision for unmarried couple and do not take into account informal agreements made during the deceased’s lifetime.

Claims Where There Is No Will

Contesting an estate where there is no Will can be difficult, particularly if the estate is large or complex. However, you may still be able to bring a claim if you have been wrongfully excluded or have not received reasonable financial provision.

The NJS Law team can advise you on your rights and guide you through the claims process with clarity and care.

How NJS Law Can Help

Our Contentious Probate Specialist Team at NJS Law has extensive experience handling inheritance and probate disputes, however complex they may be.

We are understanding, sympathetic, and committed to supporting you at every stage of the process.

If you would like to discuss your situation or need further information, please contact NJS Law by phone or email to arrange a free, no obligation consultation.

CONTACT US TODAY

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

03300 534 121
probate@njslaw.co.uk

Ask NJS Law

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

Contact Us

FAQ

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

Read More
Categories
Council House Disrepair

Is Your Council Landlord Ignoring Your Disrepair?

mcpicadofelipe

If you live in a council property, it is the council’s legal responsibility to provide a safe, secure, and well-maintained home. This includes repairing any reported issues that could affect your health or safety.

If you have complained and your council landlord has ignored the problem or failed to fix it within a reasonable timeframe, NJS Law can help ensure the repairs are completed. Depending on the severity and duration of the disrepair, you may also be entitled to compensation. Our experienced team can guide you through the process and assess if your claim meets the legal requirements.

Which Repairs Are the Council Responsible For?

To understand your council’s responsibilities, start by reviewing your Tenancy Agreement. Generally, councils must repair:

  • Structural damage to the interior and exterior of your home, including walls, roof, brickwork, guttering, windows, and foundations
  • Leaks and damp, including their underlying causes
  • Heating, radiators, gas, and electrics

Reporting and Documenting Disrepair

Councils can only act if you notify them of the issue. It is crucial to:

  • Keep a timeline of the disrepair
  • Record all correspondence with your landlord
  • Note the impact on your health, daily life , and mental wellbeing

Important: The council is responsible for the cost of these repairs. You are only responsible if the damage was caused by you or your visitors.

Do I Have a Case for a Housing Disrepair Claim?

If you have reported the disrepair but your council has failed to act, you may be entitled to make a housing disrepair claim.

This can apply if:

  • Repairs are delayed or ignored
  • Inspections were carried out but no action was taken
  • Repairs were done poorly, leaving the problem unresolved

Disrepair can make your home unsafe, uncomfortable, or uninhabitable, causing stress and inconvenience. Our team at NJS Law understands these challenges and can help you take action. 

Next Steps - How Can NJS Law Help

Our Housing Disrepair Specialists have extensive experience making claims against councils and local authorities. We can ensure that essential repairs are carried out in a timely manner.

You may also be entitled to compensation if the disrepair has caused:

  • Personal Injury, including respiratory illness or physical harm
  • Damage to your belongings
  • Significant inconvenience or emotional distress

No Win No Fee Support

At NJS Law, we operate on a No Win No Fee basis, so you can seek justice without upfront costs.

Contact us today:

01625 667 166

disrepair@njslaw.co.uk

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

Average Compensation - £1,895
We work on a NO WIN NO FEE basis
to get your home put right and to get you compensated!
Back to Blogs

Ask NJS Law

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

Contact Us

FAQ

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

Read More
Categories
Blog

What we Recommend for Child Arrangements

mcpicadofelipe

Whether you are going through a divorce or separation, deciding on the arrangements for the children can be complicated. As parents, you have a responsibility for your children’s well-being. It should reassure you that there is clear guidance set out within the law to protect the rights of your children. 

You may be thinking where do I even start? What do I need to do? How can I resolve it quickly? It can feel overwhelming, especially if you are struggling to communicate with your ex-partner or they are refusing contact altogether.

Making a parenting plan –

If both of you have the same interests in mind and want to agree on arrangements for your children, you may want to write a parenting plan to have a written document of the responsibilities and break down of the childcare. In doing so, you should consider including the following:

  • A parenting schedule that will set out the new routine and will be a guide on how time will be spent co-parenting.
  • How you will establish a healthy form of communication, as this will be vital in every aspect from the small affairs to the big decisions.
  • How the finances concerned with supporting your children will be provided.
  • How to maintain your goals.

A parenting plan is not a legally binding document. If you feel that this would be beneficial in your circumstances, please speak to us so we can advise on the next steps.

The Mediation process –

In the unfortunate circumstances where you cannot come to an agreement, you must attempt mediation. This can be very useful way to resolve any child arrangement disputes in a cost effective way and you must have demonstrated you have attempted mediation before you can apply for a child arrangement order.

To define it simply, a mediator is an independent third party that will form a bridge of communication between both parents to help reach an amicable agreement. However, both parents will need to attend a MIAM (Mediation information and assessment meeting) to assess whether the case is appropriate for mediation.

NJS Law can help you through this process too and advise you along the way. We can provide legal advice and elaborate on any terms of the agreement where necessary.

Child Arrangements Order –

You can apply for a child arrangements order through the court if an agreement cannot be reached through solicitor’s negotiation or mediation. An application to the Court under the Children Act 1989 is seen as the final resort to resolve all matters that remain in dispute.

We are aware that Court proceedings can feel overwhelming and daunting and should only be issued if there is an unavoidable necessity to do so. We fully appreciate that this can be an emotional and stressful time, but our specialists are fully able to assist you through this, whether it’s guiding you through the process, preparing any required documentation or representing you at Court.

No matter the difficulties you are undergoing, our NJS Law Family Specialists are here to provide guidance and support. Please call or email NJS Lawtoday with any concern or queries you may have about child arrangements.

Back to Blogs

Ask NJS Law

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

Contact Us

FAQ

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

Read More
Categories
Blog

Making a Lasting Power of Attorney

mcpicadofelipe

We all plan for the future; whether it’s a career, a home, or a family, we all have a direction for our life.

Whilst we hate to ponder if the unimaginable could happen to us, it is always better to prepare for all circumstances, and your health and finances should not be any less important.

Making a Lasting Power of Attorney (LPA) will give you and your family peace of mind should the unfortunate happen.

What is a Lasting Power of Attorney?

A LPA is a legal document that lets you, the donor, appoint one or more people to help you make decisions or to make them on your behalf. This means that if you have an accident or an illness that affects your mental capacity, the appointed person(s) can make the decisions for you. These decisions can range from medical care to paying bills, depending on which LPA you choose.

Why make a Lasting Power of Attorney?

There are two types of Lasting Powers of Attorney (LPA): the Property and Financial Affairs LPA and the Health and Welfare LPA. Whilst you can pick whichever suits you, we at NJS Law recommend setting up both for better peace of mind.

With a Property and Financial Affairs LPA, you authorise someone to manage your financial affairs. Unlike a Health and Welfare LPA, this can be used straight away once it has been registered. A Property and Financial LPA will cover a range of matters such as your bills, bank accounts, benefits, pension, investments, and property.

A Health and Welfare LPA relates more to decisions considering your health. This LPA can only be used once your capacity has been lost and you are no longer able to make your own decisions. It will give the appointed person(s) the authority to decide your medical care, medical treatment, and if necessary long term care.

Do not assume that your spouse, partner or next of kin would automatically make decisions over your financial affairs or welfare. If you do not have a LPA in place, and you lose your mental capacity, your spouse, partner or next of kin will have to make an application for a Deputyship Order on your behalf. The Court of Protection will appoint a Deputy which has a similar role to an Attorney. But this process can take two to three times longer and will cost more than a LPA.

How to Make a Lasting Power of Attorney

At NJS Law our Private Client Team can help guide you through the process. Our team can advise you which type of LPA meets your requirements. We can then prepare and execute the LPA and register it.

The cost of making a LPA is £300 plus VAT. The cost for making both types is £500 plus VAT. However, for couples who wish to make both documents and are appointing the same attorney(s), the cost is only £800 plus VAT. We will prepare both the document and the application to register your LPAs with the Office of the Public Guardian for which there is a registration cost of £82 per LPA unless you are entitled to remission or exemption of the fee which our team can advise you on.

 

At NJS Law, we have an extensively experienced Private Client Team that will tailor the LPA document to meet your individual requirements. Please get in touch today for further details.

Back to Blogs

Ask NJS Law

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

Contact Us

FAQ

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

Read More
Categories
Housing Disrepair

Landlord Repair Obligations and Housing Disrepair Claims | NJS Law

mcpicadofelipe

What Are Landlords Legally Responsible For?

Landlords in England and Wales have clear legal obligations to keep rental properties safe and in good repair. These duties arise under Section 11 of the Landlord and Tenant Act 1985 and apply to most residential tenancies.

Under this legislation, landlords are legally responsible for maintaining:

1. The Structure and Exterior

This includes the fabric of the building and external elements such as:

  • Roofs
  • Walls and brickwork
  • Windows and doors
  • Drains, gutters, and external pipework

2. Essential Installations

Landlords must also keep installations in proper working order, including:

  • Water supply
  • Gas and electricity
  • Sanitary facilities such as baths, basins, toilets, and sinks

3. Heating and Hot Water Systems

Finally, landlords are responsible for ensuring that:

  • Central heating systems
  • Hot water systems

remain safe, functional, and properly maintained.

Even where a tenancy agreement does not explicitly mention these obligations, the law automatically implies them into most residential tenancy agreements. As a result, landlords cannot avoid responsibility by omitting these terms from the contract.

Claim Now

What Are the Common Signs of Disrepair?

Disrepair can take many forms and often worsens over time if left unaddressed. Common examples include:

  • Damaged brickwork, roofing, or windows
  • Faulty electrics, broken heating systems, or blocked guttering
  • Damp, mould, and water leaks

Not only do these issues affect the condition of your home, but they can also seriously impact your physical and mental health. For example, damp and mould may trigger respiratory illnesses, while unsafe fixtures or structures can cause injury. In addition, leaks can damage personal belongings and disrupt everyday living.

Unsurprisingly, many tenants feel frustrated when landlords fail to acknowledge or repair these problems despite repeated reports.

What Is Not Considered Disrepair?

While landlords must maintain a safe living environment, tenants also have responsibilities. Generally, landlords are not responsible for:

  • General household upkeep, such as cleaning, replacing lightbulbs, or changing smoke alarm batteries
  • Damage caused by tenants or their visitor
  • Repairs to personal belongings brought into the property, including privately owned white goods
  • Improvements or upgrades to the property

Understanding the distinction between landlord and tenant responsibilities can help avoid unnecessary disputes.

Claim Now

What Should I Do Next?

If you believe your landlord has failed to deal with disrepair, taking the right steps early is important.

1. Contact Your Landlord and Keep Records

You should report the disrepair as soon as possible and keep evidence, including:

Photographs or videos of the issuesCopies of emails, texts, or lettersA diary recording conversations and timelinesMedical letters from your GP if the disrepair affects your health

This evidence can be crucial if the issue escalates into a legal claim.

2. Speak to NJS Law

You can also contact NJS Law for advice. One of our Housing Disrepair Specialists will guide you through the process and explain your options.

We can help you to:

  • Require your landlord, housing association, or local council to complete the necessary repairs
  • Claim compensation for inconvenience, damage to belongings, or personal injury

How Much Will It Cost?

We understand that renters already face rising living costs. That is why NJS Law handles housing disrepair claims on a No Win, No Fee basis. This means there is no upfront cost to you, and you only pay if your claim succeeds.

Get Expert Advice Today

Do not wait any longer than necessary to resolve ongoing disrepair. Contact NJS Law today by phone or email for a free, no-obligation consultation. We are here to help protect your rights and improve your living conditions.

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

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

Ask NJS Law

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

Contact Us

FAQ

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

Read More
Categories
Medical Negligence

What Is Medical Negligence?

mcpicadofelipe

Medical professionals owe their patients a duty of care. In practice, this means they must provide treatment that meets the standard expected of a reasonably competent and skilled healthcare professional working in the same field and circumstances.

However, not every instance of poor treatment results in a valid medical negligence claim. Importantly, negligence alone is not enough. To succeed, the substandard care must have caused avoidable harm.

Negligence Without Injury Is Not Enough

Although a medical professional may act negligently, a compensation claim will only succeed if that negligence causes injury.

By way of comparison, a driver who runs a red light acts negligently. Nevertheless, if no accident occurs and no one is harmed, there is no basis for a compensation claim. Similarly, a doctor may make a mistake or deliver care below the accepted standard, but if the patient’s health is unaffected, a claim will not succeed.

In contrast, where all three elements are present, a duty of care, a breach of that duty, and avoidable harm caused as a result, compensation should be awarded.

The Legal Test for Medical Negligence

To establish a successful claim, the following must be proven:

  1. Duty of care – This is usually straightforward, as a doctor–patient relationship almost always establishes it.
  2. Breach of duty – The care provided fell below the accepted medical standard.
  3. Causation – The breach directly caused avoidable injury, symptoms, or deterioration.

Only when all three elements are satisfied can a medical negligence claim succeed.

Claim Now

Never Events: When Negligence Is Inexcusable

Some medical errors are so serious and preventable that the NHS accepts they should never happen. These are known as Never Events.

Examples include:

  • Leaving foreign objects, such as swabs or surgical instruments, inside a patient
  • Operating on the wrong body part
  • Carrying out the wrong procedure

Where a Never Event results in injury, establishing liability is usually far more straightforward.

Proving Negligence in Other Cases

If the error is not classed as a Never Event, further investigation is required. In these cases, we will:

  • Obtain your full medical records
  • Prepare a detailed statement outlining the concerns
  • Instruct an independent medical expert to assess whether the care fell below an acceptable standard

If the expert confirms a breach of duty, we will then obtain a further report on causation, which examines whether the negligent care directly caused the harm you suffered.

Only when both breach and causation are supported by expert evidence will a claim proceed.

Claim Now

How We Can Help

Medical negligence claims can feel complex and overwhelming. Nevertheless, this is an area we have advised on successfully for many years. Above all, we take the time to listen carefully to your experience and explain, clearly and honestly, whether we can help.

Our NJS Law Medical Negligence Specialists are experienced, compassionate, and committed to achieving the best possible outcome for our clients.

If you believe negligent medical care has caused you avoidable harm, please contact us for advice. We are here to help you understand your options and take the next steps with confidence.

CONTACT US

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

0800 6525 656
medical@njslaw.co.uk

Ask NJS Law

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

Contact Us

FAQ

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

Read More