Author: mcpicadofelipe

The Housing Ombudsman Has Issued a Special Report on Birmingham City Council

Post author By mcpicadofelipe
Post date 24 January 2023

mcpicadofelipe

January 24, 2023

Since the conditions in which Awaab Ishak lived were made public, alongside the serious health problems that ultimately led to his death, the UK Government and the Housing Ombudsman have introduced new regulations. These reforms aim to improve the quality, safety, and living conditions of homes owned by local councils and housing associations.

As part of this increased scrutiny, the Housing Ombudsman has issued a special report on Birmingham City Council, identifying fundamental failures in how the council handled housing disrepair complaints and compensation claims.

Housing Ombudsman Findings on Birmingham City Council

The Housing Ombudsman identified four key areas of failure, each accompanied by clear recommendations to prevent future service failures.

Repairs

The Ombudsman found that Birmingham City Council’s repairs policy was not effective in practice. Tenants were often forced to make repeated requests for repairs, with issues remaining unresolved over long periods of time.

Key recommendations include:

Improving how repair requests are triaged
Monitoring contractor performance more closely
Taking a proactive approach to identifying and resolving disrepair issues

Record Keeping

Poor record keeping was identified as a significant cause of repeated service failures. The council had no clear framework setting out expectations for staff or contractors, resulting in missed repairs and inadequate complaint responses.

The Ombudsman recommended:

Creating a clear-record keeping framework
Developing an action plan to improve internal and external communication
Ensuring better cross-departmental information sharing

Complaint Handling

The council’s complaints policy failed to comply with many requirements of the Housing Ombudsman Complaint Handling Code. As a result, complaints were unlikely to be handled fairly or effectively.

Recommendations included:

Updating the complaints process to comply with the Code
Carrying out a self-assessment to identify and resolve areas of non-compliance

Compensation

The Ombudsman found serious flaws in the council’s compensation policy. It failed to allow compensation for distress, inconvenience, time, and trouble, and incorrectly suggessted compensation could not be paid where liability was denied.

In one case, the council attempted to offset compensation against rent arrears, which is explicitly prohibited under Ombudsman guidance.

The report recommends:

Introducing a new compensation policy
Ensuring tenants do not need to pursue separate claims for compensation

Do You Have a Housing Disrepair Claim?

If you are a tenant living in a council or housing association property that has fallen into disrepair – and your landlord has failed to carry out repairs – you may be entitled to make a housing disrepair claim.

This includes issues such as damp, mould, leaks, heating failures, or structural defects.

How NJS Law Can Help with Damp and Mould Repairs

NJS Law are one of a few specialist housing disrepair firms in England and Wales with a dedicated legal team focused on ensuring repairs are completed and tenants receive the safe, high-quality homes they deserve.

Our Housing Disrepair Services Include

Instructing an independent surveyor to assess the disrepair and prepare expert evidence
Taking legal action to force your council or housing association to complete all necessary repairs
Claiming compensation for the period your home has been left in disrepair

Housing Disrepair Claims on a No Win No Fee Basis

At NJS Law, we are housing disrepair claim experts, assisting tenants nationwide on a NO WIN NO FEE basis. We help compel councils and housing associations to carry out essential repairs while also recovering compensation for delayed or ignored maintenance.

Our team has decades of combined experience and is known for being sympathetic, approachable, and supportive throughout the entire claims process.

Contact NJS Law Today

Call us on 0800 093 3393 today to discuss your housing disrepair claim and find out how we can help you improve your living conditions.

Ask NJS Law

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FAQ

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

Inheritance Act Claims

Inheritance Act 1975 Claims Explained: Lessons from Fennessy v Turner

Post author By mcpicadofelipe
Post date 18 January 2023

mcpicadofelipe

January 18, 2023

The recent release of Prince Harry’s autobiography, Spare, illustrates just how fractious family relationships can be.

Although most families would be hard pressed to match the Windsor in both wealth and the occasional rancour towards each other, when it comes to money and inheritances, claims under the Inheritance (Provision for Family and Dependants) Act 1975 (Inheritance Act 1975) can demonstrate that each unhappy family is indeed “unhappy in its own way”.

A helpful example of how claims under the Inheritance (Provision for Family and Dependants) Act 1975 operate in practice can be found in the appeal case of Fennessy v Turner & another [2022] WTLR 1295.

The case concerned Hazel Fennessy, her two children Heidi and Patrick (the Claimant), and Mrs Turner, a third-party beneficiary.

Background to the Case

Hazel and her daughter Heidi lived together and shared an exceptionally close relationship throughout their lives. Tragically, Heidi died just six weeks before her mother. During her lifetime, Heidi was known to have difficult relationships with some family members, including her brother Patrick.

Patrick, who had seven children, worked for many years as a coalman and HGV driver and at one point ran the family coal merchant business. Importantly, he had been told that he would inherit “everything” once both Hazel and Heidi had passed away. As a result, this created a clear expectation.

Despite this, Hazel’s Will dated 24 January 2012 left her entire estate to Heidi and appointed her as sole executrix. The Will further stated that, if Heidi predeceased her, the estate would instead pass to Mrs Turner, who would also act as executrix. Patrick was entirely excluded.

The Inheritance Act 1975 Claim

Following Hazel’s death, Patrick brought a claim under the Inheritance Act 1975, arguing that the Will failed to make reasonable financial provision for him as Hazel’s son.

The estate was valued at £360,371.63. Patrick was awarded just over £195,000, and crucially, this decision was upheld on appeal.

This case provides a clear illustration of:

Who can bring a claim under the Inheritance Act 1975
How courts assess “reasonable financial provision”
The factors influencing the size of an award

What Is the Inheritance Act 1975?

The Inheritance Act 1975 allows certain individuals to apply to the court for reasonable financial provision if the deceased’s Will (or intestacy rules) fails to provide for them adequately.

In Patrick’s case, he qualified because he was the child of the deceased and had been completely excluded from the Will.

Other people who may be eligible to bring an Inheritance Act 1975 claim include:

A spouse or civil partner of the deceased
A former spouse or civil partner (provided they have not remarried or formed a new civil partnership, and are not barred by a divorce settlement)
A cohabiting partner who lived with the deceased for at least two years before death
A stepchild treated as a child of the family
A person who was financially maintained by the deceased immediately before death

⏱️ Time limit: Claims must usually be brought within six months of the Grant of Representation, although the court may extend this in limited circumstances.

What Is “Reasonable Financial Provision”?

In every Inheritance Act 1975 claim, the key question is whether the deceased made reasonable financial provision for the applicant, judged by the standard applicable to that person.

The burden of proof lies with the Claimant. Importantly, the court does not consider whether the deceased was morally right or wrong. Instead, it applies an objective legal test.

The court will examine:

The financial needs and resources of the Claimant and beneficiaries
The size and nature of the estate
Any physical or mental health issues affecting the parties
The obligations and responsibilities the deceased had to each party

Additionally, the court will consider factors specific to the Claimant’s status. For example:

For spouses, the court looks at age, duration of marriage, and what would have been awarded on divorce
For children, education, training, and future needs are relevant

Why Patrick Succeeded

In Fennessy v Turner, Patrick demonstrated genuine financial need. He lived in a motorhome, had limited savings, and due to disability, could only work part-time. He required stable accommodation and basic household necessities.

In contrast, Mrs Turner had no immediate or foreseeable financial needs and sufficient existing resources. Furthermore, Hazel owed no obligations to her.

As a result, the court awarded Patrick £195,000, covering:

His housing needs
Income shortfall
Furniture and white goods
His solicitor’s success fee under a No Win, No Fee agreement

Key Takeaways

While Inheritance Act 1975 claims carry risk—particularly the possibility of paying the other party’s costs if unsuccessful—this risk can often be managed with After the Event (ATE) insurance.

For this reason, it is vital to instruct a Contentious Probate Solicitor experienced in Inheritance Act claims. An experienced solicitor can assess prospects, manage costs, and often achieve an out-of-court settlement, saving time, expense, and emotional strain.

How We Can Help

Our team has decades of combined experience advising and representing clients who are:

Challenging a Will
Making claims under the Inheritance Act 1975

We understand that these cases are often emotionally complex. Accordingly, we provide clear, practical advice and support at every stage of the process.

If you would like guidance on whether you can bring a claim, please get in touch for a confidential discussion.

CONTACT US TODAY

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

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

General Updates

What Is A No Win-No Fee Agreement

Post author By mcpicadofelipe
Post date 10 January 2023

mcpicadofelipe

January 10, 2023

Fear of legal fees stop many people with strong claims from contacting a solicitor. Whether it’s personal injury, medical negligence, or housing disrepair, not knowing how to pay for legal services can prevent people from seeking justice.

Fortunately, most solicitors in these areas offer no win no fee agreements, making it easier for individuals to pursue compensation without upfront costs. This ensures that negligent acts or unresolved housing issues are addressed and those responsible are held accountable.

What Is a No Win No Fee Agreement

A no win no fee agreement is often called a Conditional Fee Agreement (CFA). Under this arrangement:

You do not pay solicitor fees if you lose your case
You may still need to cover certain expenses, called disbursements (e.g., expert witness fees, court costs) depending on your contract

This structure allows more people to access legal support without financial risk.

How Does a No Win No Fee Arrangement Work?

If your solicitor agrees to a no win no fee arrangement, they can take out an insurance policy on your behalf to cover costs incurred during the claim. These costs typically include:

Expert witness fees
Court fees
Other disbursements necessary to pursue your claim

By covering these expenses, solicitors make it possible for you to pursue compensation without upfront payments.

How Do Solicitors Get Paid If I Win?

If your claim is successful, your solicitor will charge a success fee.

Because solicitors take on the financial risk in a no win no fee case, they carefully assess the strength of your claim before agreeing to represent you. This means that if your solicitor accepts your case, you can be confident that your claim has a strong chance of success.

Do Most Claims Go to Court?

Fortunately, the majority of personal injury, medical negligence, and housing disrepair claims do not reach court.

Most cases are resolved through an out-of-court settlement, which is faster, less stressful, and avoids additional court costs for all parties involved.

Why Choose NJS Law for No Win No Fee Claims?

At NJS Law, we offer no win no fee agreements for personal injury, medical negligence, and housing disrepair claims. Our solicitors are:

Friendly and approachable
Experienced in explaining exactly what you pay if you lose
Transparent about any success fee if you win

With decades of combined experience, our team is sympathetic, understanding, and here to guide you through every step of your claim.

Call us on 01625 667166 to discuss your case – it’s free to ask.

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 No Win No Fee

Damp & Mould Disrepair

Recent Developments In Tackling Damp And Mould In Social Housing

Post author By mcpicadofelipe
Post date 10 January 2023

mcpicadofelipe

January 10, 2023

Following the tragic death of two year old Awaab Ishak, whose respiratory condition was exacerbated by damp and mould in his social housing flat, the Regulator of Social Housing (RSH) took formal action against registered social housing providers.

In response, the RSH issued letters reminding providers:

Of the serious health risks posed by damp and mould
That damp and mould are recognised hazards under the Housing Health and Safety Rating System (HHSRS)
That tenant concerns must be listened to and acted upon
That systems must be in place to identify and prevent hazardous damp and mould

Information Requested by the Regulator of Social Housing

The largest social housing providers were required to submit detailed information to the RSH by 19 December, including:

How damp and mould are measured and assessed, including recent inspection data
What remedial action is being taken to address hazards and meet the Decent Homes Standard
How individual damp and mould cases are identified, managed, and resolved quickly

All submissions had to be supported by robust and relevant data, reinforcing, the Regulator’s focus on accountability.

The Social Housing Report (July 2022)

In October 2022, the House of Commons Levelling Up, Housing and Communities Committee published its First Report of Session 2022-23. The Regulation of Social Housing.

The Committee received 628 responses from tenants, covering issues such as:

Poor housing conditions
Delays in repairs
Lack of awareness of the Housing Ombudsman and complaint rights

Members also visited housing association sites and spoke directly with tenants.

Findings on Housing Disrepair and Damp and Mould

The Committee’s findings were stark. Evidence suggessted that some social housing had deteriorated to the point of being unfit for human habitation.

Conditions were described as:

“Horrendous”, “appalling”, “disgraceful”, and “criminal”.

Damp and mould featured heavily in the evidence. One case involved a mother and her two children living in a flat so affected by black mould that mushrooms were growing from the walls. All three developed breathing problems, yet the landlord failed to act for over two years.

Responses From the Regulator and Housing Ombudsman

In response, the Regulator of Social Housing acknowledged that such cases were “wholly unacceptable”, while maintaining they did not reflect the experience of most tenants.

The Regulator also agreed that stigma and discrimination concerns must be taken seriously and announced plans to consult on new consumer standards. These may include:

Greater tenant involvement
Tenant panels and engagement groups
Improved communication between landlords and residents

The Housing Ombudsman supported recommendations to increase tenant awareness of complaint rights and access to redress.

What This Means for Tenants

While regulatory reform is progressing, change is often slow. Although the government has recently named and shamed several failing landlords, many tenants continue to live in unsafe homes.

The Social Housing (Regulation) Bill is expected to introduce:

Stronger enforcement powers
A proactive approach to consumer standards
Greater accountability for failing landlords

If you are living in a property affected by damp, mould, or other disrepair, you do not need to wait for regulatory change to protect your rights.

How NJS Law Can Help With Damp and Mould Claims

NJS Law is one of the few housing disrepair solicitors operating across England and Wales with a dedicated legal team focused on tenant claims.

We can help you by:

Instructing a surveyor to asses disrepair and provide expert evidence
Legally compelling your council or housing association to carry out repairs
Claiming compensation for the time your home has been in disrepair

We act for tenants nationwide on a No Win No Fee basis, ensuring you can pursue your claim without financial risk.

Our experienced and compassionate team will support you at every stage of your Housing Disrepair Claim.

Call NJS Law on 0800 093 3393 today to discuss your case.

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

Dental Negligence

The NHS Dental Crisis and the Rise in Dental Negligence Claims

Post author By mcpicadofelipe
Post date 12 December 2022

mcpicadofelipe

December 12, 2022

Paying for private dental treatment remains an option. However, as the cost of living crisis deepens, private dental care has become a luxury that many people simply cannot afford. As a result, the ongoing shortage of NHS dentists has forced some patients to risk their health by delaying treatment or, in extreme cases, resorting to DIY dental care.

At the same time, the relentless pressure placed on existing dentists may be contributing to a worrying rise in dental negligence claims.

Rising Dental Negligence Claims in the NHS

According to the British Dental Journal, clinical negligence claims against NHS hospitals for dental errors are increasing. Research shows that:

Between April 2015 and April 2020, there were 492 dental negligence claims, resulting in £14 million in compensation
Almost £4 million was paid to NHS patients for delays in dental treatment£2.4 million was awarded to patients who suffered nerve damage following dental procedures
There were 33 cases where surgeons removed the wrong tooth

These stark figures naturally raise important questions. What has caused this increase in negligence claims? And just as importantly, where have all the dentists gone?

The answer to both questions is closely connected. Unless the UK recruits and retains more dentists, cases of misdiagnosis and negligent dental treatment are likely to continue rising.

Why Is There a Shortage of Dentists in England and Wales?

One of the main reasons for the NHS dental shortage is an ageing workforce. Many NHS dentists are aged 55 or over and are approaching retirement. At the same time, it has become increasingly difficult to attract and retain dentists within the NHS.

Instead, many dentists are moving into private practice. According to the British Dental Association (BDA), around 3,000 dentists have left NHS dentistry for the private sector in the last two years. This shift has significantly reduced access to NHS dental care.

Why Are Dentists Leaving the NHS?

The COVID-19 pandemic worsened existing pressures on NHS dentistry. For long periods, many patients did not attend dental appointments. Consequently, dentists are now treating patients with multiple, complex dental problems involving teeth and gums.

As workloads increase, more dentists are experiencing stress and burnout. In March 2022, reports revealed that:

45% of NHS dentists expected to sell their practices within 24 months
Almost 50% were considering leaving the profession entirely

If these projections continue, fewer dentists will be left to manage growing demand. Inevitably, this increases the risk of delayed diagnoses and negligent treatment.

Importantly, concerns about NHS dentistry existed long before the pandemic. As early as 2008, the BDA warned MPs that NHS dentistry was unfit for purpose and in urgent need of reform. More than a decade later, little has changed, and the situation has worsened.

What Are the Most Common Examples of Dental Negligence?

In 2019, the Dental Defence Union (DDU) identified the most common dental treatments leading to compensation claims:

Tooth extractions
Root canal treatments
Caries and fillings
Periodontal (gum) disease
Dental implant treatment

Although the average dentist may face several claims during their career, dental negligence cases are often complex and difficult to prove. For this reason, it is essential to instruct an experienced Dental Negligence Solicitor.

What Should I Do If I Have Received Negligent Dental Treatment?

Negligent dental treatment can cause severe pain, long-term complications, and emotional distress. In addition, damage to your appearance can negatively affect your confidence and mental health.

Dentists owe their patients a duty of care. If your dentist’s negligent acts or omissions have caused you harm, you may be entitled to compensation. This compensation can help cover:

The cost of private dental treatment to repair the damage
Medical expenses
Loss of income if you have needed time off work

Our experienced and compassionate Dental Negligence Solicitors will listen carefully to your experience. If you have a strong case, we will robustly advise and represent you, always acting in your best interests.

CONTACT US

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

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FAQ

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Tags clinical negligence, Dental Negligence

Cosmetic Negligence

How to Claim for Cosmetic Negligence

Post author By mcpicadofelipe
Post date 7 December 2022

mcpicadofelipe

December 7, 2022

If a mistake was made during your cosmetic surgery or aesthetic treatment, you may be entitled to claim compensation for your injuries, pain, and financial losses.

At NJS Law, our experienced cosmetic negligence solicitors take the time to understand what you are going through. We provide clear, practical advice and are committed to helping you secure the answers, accountability, and compensation you deserve.

7 Questions to Ask Before Cosmetic Surgery

Cosmetic surgery and beauty treatments can be life changing, but they also carry risks. Before committing to any cosmetic procedure, it is essential that you are fully informed, understand your options, and feel confident in the practitioner providing your care.

Asking the right questions before cosmetic surgery can help you make a safer decision and reduce the risk of negligent treatment.

1. How Many Times Has The Surgeon or Therapist Performed This Procedure?

Experience matters. Ask how often the surgeon or therapist has carried out the specific procedure you are considering and how frequently they perform it. A practitioner with extensive experience is more likely to identify risks and manage complications effectively.

2. What Qualifications and Board Certifications Do They Hold?

Always check the practitioner’s qualifications and professional registrations. Surgeons should be appropriately trained and, where relevant, registered with recognised medical or professional bodies. Never assume credentials – ask to see them.

3. Where Will the Surgery or Treatment Take Place?

You should know exactly where your procedure will be carried out. Whether it is a hospital, clinic, private facility, the location should be suitable for the type of treatment being performed.

4. Is the Surgical or Treatment Facility Accredited

Accreditation is an important indicator of safety standards. Ask whether the facility is properly regulated and inspected, and whether it meets required health and safety standards.

5. Have All Risks and Complications Been Explained to Me?

Before performing cosmetic surgery or treatment, the doctor or therapist should clearly explain:

Known risks
Possible complications
Expected recovery times

You should be given this information in a way you can understand, allowing you to give informed consent.

6. Are There Any Alternative Treatments Available?

If there are alternative procedures or non-surgical options available, these should be discussed with you before you commit to the recommended treatment. You should understand the pros and cons of each option.

7. Am I Being Given Enough Time to Decide?

You should never feel pressured into proceeding. You must be given sufficient time to consider the information provided, weigh up the risks, and decide whether to go ahead.

What Is a Cosmetic Surgical Claim?

Doctors, plastic surgeons, beauty therapists, and other cosmetic practitioners have a legal duty of care to ensure your safety and wellbeing while you are in their care.

If a mistake is made during cosmetic surgery or aesthetic treatment and you suffer injury, pain, or financial loss as a result, you may be entitled to bring a cosmetic negligence claim for compensation.

Cosmetic Negligence Examples

Our cosmetic negligence team can assist with claims arising from a wide range of procedures, including:

Botox injections
Facelifts
Breast augmentation surgery
Breast reconstruction following mastectomy
Breast reduction surgery
Liposuction
Nasal (rhinoplasty) surgery
Chemical peels
Eyelid surgery
Tummy tuck (abdominoplasty) surgery
Laser eye surgery
Cosmetic dentistry
Brow lifts
Ear surgery

How Long After Surgery Can You Make a Claim?

In most cases, you have three years from the date you knew – or ought reasonably to have known – that you suffered injury or loss due to negligent cosmetic treatment.

This time limit can be complex, so it is important to seek legal advice as early as possible.

What Information Is Needed to Make a Cosmetic Negligence Claim?

To assess and progress your claim, we may need the following information:

Your past medical history (including GP and hospital records)
Details of how your symptoms affect your life now in the future
Any medical, therapy, or related expenses you have paid or may need to pay
Whether you have already raised concerns with the practitioner
Details of the therapist, surgeon, or clinic involved
How you paid for the treatment
Details of any cosmetic procedures in the last 10 years

How NJS Law Can Help With a Cosmetic Negligence Claim

NJS Law has a dedicated cosmetic negligence team with decades of combined experience handling cosmetic surgery and aesthetic treatment claims.

Our team will take the time to understand what you are going through and guide you through every step of the claims process with care and professionalism.

Contact NJS Law for a Free Cosmetic Negligence Consultation

If you would like to discuss a cosmetic surgery or beauty treatment issue, please get in touch to arrange a free, no obligation consultation.

We are available by phone or email and are here to help you get the answers and compensation you deserve.

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 clinical negligence, Cosmetic Negligence

Medical Negligence

Delayed Cancer Diagnosis in the UK: Why Timing Matters

Post author By mcpicadofelipe
Post date 30 November 2022

mcpicadofelipe

November 30, 2022

In the UK, a recent House of Commons Committee Report published in April highlights both progress and persistent shortcomings in cancer diagnosis and treatment.

Over the past 50 years, cancer survival rates have improved significantly. In 1972, only 30% of people were expected to survive cancer for five years or more. By 2011, that figure had risen to 54%. Undoubtedly, this progress reflects advances in medical science and the dedication of NHS professionals.

However, despite these improvements, England continues to lag behind comparable countries. For example, only 58.9% of people diagnosed with colon cancer in England survive for five years or more. By contrast, survival rates stand at 66.8% in Canada and 70.8% in Australia.

The Impact of the Pandemic on Cancer Care

Furthermore, the COVID-19 pandemic placed unprecedented strain on cancer services:

During the pandemic, 36,000 fewer people in England and 45,000 fewer people across the UK began cancer treatment compared to previous years.
Between March and September 2020, three million fewer people were invited for cancer screening.
In addition, between March 2020 and March 2021, 326,000 fewer urgent cancer referrals were made in England, alongside 4.6 million fewer diagnostic tests.

As a result, many cancers were diagnosed later than they should have been, often with devastating consequences.

Why Early Cancer Diagnosis Saves Lives

Crucially, the earlier cancer is diagnosed, the better the chances of survival. According to the Committee Report:

Similarly stark contrasts exist for other cancers:

Breast cancer: 98% five-year survival at stage 1 versus 24% at stage 4
Prostate cancer: 100% five-year survival at stage 1 versus 40% at stage 4

Clearly, delayed diagnosis can transform a treatable condition into a life-threatening one.

Coping With a Late Cancer Diagnosis

If your cancer was diagnosed late, you may be experiencing fear, anger, or frustration. While many patients understand the immense pressure faced by GPs and hospital doctors during the pandemic, it is equally important to protect your own health and your family’s future.

In these circumstances, compensation can help. For example, it may allow you to:

Access private medical treatment
Pay for in-home care and support
Replace lost income if you are unable to work

How a Medical Negligence Solicitor Can Help

Initially, a medical negligence solicitor will listen carefully to your experience and obtain your full medical records. These records, together with any complaint responses, will then be reviewed in detail.

Next, your solicitor will assess the strength of your case and explain the claims process clearly and realistically. Importantly, medical negligence claims often take between 12 and 36 months to resolve. Therefore, it is essential that you feel comfortable with your solicitor and trust their advice throughout the process.

Will Compensation Affect My Benefits?

If your claim is successful, your solicitor can advise you on setting up a Personal Injury Trust. By placing your compensation into the trust, your entitlement to means-tested benefits can be protected.

How Are Legal Fees Paid?

In most cases, medical negligence solicitors act under a No Win, No Fee agreement, also known as a Conditional Fee Agreement (CFA).

This means:

If your claim is unsuccessful, you do not pay legal fees
If your claim succeeds, a success fee is deducted from your compensation (usually capped at 25%)

In addition, your solicitor can arrange After The Event (ATE) insurance, which protects you against the other party’s legal costs if the claim does not succeed.

Because solicitors carry most of the financial risk under these agreements, their willingness to act often reflects strong confidence in the merits of your case.

Will I Have to Go to Court?

Fortunately, most delayed cancer diagnosis claims settle out of court. As a result, you are unlikely to face the stress of a full trial. However, if court proceedings do become necessary, your solicitor will support you throughout.

Final Thoughts

A delayed cancer diagnosis can quite literally be a matter of life and death. If negligent care by a GP or consultant caused your diagnosis to occur later than it should have, you may be entitled to compensation. Ultimately, this compensation can help secure vital treatment and provide financial stability for you and your family.

Our team has decades of combined experience advising and representing clients in clinical negligence claims. We are supportive, professional, and committed to guiding you at every stage.

CONTACT US

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

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FAQ

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Tags clinical negligence, Medical Negligence

Motorbike Accident

Motorcycle Accidents Claim Guide

Post author By mcpicadofelipe
Post date 29 November 2022

mcpicadofelipe

This Motorcycle Accidents Claim Guide gives information on motorcycle accidents claims.

It explains the rights who suffer motorcycle accident injuries.

November 29, 2022

Motorcycle Accidents Claim Guide

What to do After a Motorcycle Accident that is Not Your Fault?

If you have been involved in an accident as a motorcyclist and the accident was not your fault, follow the next steps:

Take lots of photos
Witnesses
Record the other person admitting fault
Record any injuries
Stay calm
Call us

Of course, sometimes the severity of the accident may mean the motorcyclist is taken to hospital by ambulance and unable to do any of these things, and in those cases, we will work to gather all relevant evidence including police reports, witness testimonials and photographs of the accident location to ensure a fair outcome is achieved, and if you were not at fault recover you the right and fair amount of compensation.

If you have been involved in an accident as a motorcyclist and the accident was not your fault then we can help you claim the compensation you deserve.

Most Common Causes of Motorcycle Accidents

According to the Department for Transport, motorcyclists are one of the vulnerable user groups. They are not protected by a vehicle body in the same way car users are and tend to be harder for drivers to see on the road. They are, therefore, particularly susceptible to injuries.

The most common causes of motorcycle accident are:

When motorists fail to recognise the presence of a motorcyclist in traffic, whether this is before overtaking
When changing lanes
When taking an exit on a roundabout or side road

Motorcycle Accident Claim – What can I Claim For?

If you have been involved in an accident as a motorcyclist and the accident was not your fault, then we can help you claim the compensation you deserve for the injuries suffered as well as for any other losses or costs incurred as a result of the accident or subsequent treatment and rehabilitation.

We will make sure to consider the following:

How severe your injury is and your recovery time.
Whether your injury will affect your life in the future.
The amount of time you have had to take off work because of your injury.
Any care you have received, even if from a family member
Any adaptation to your home, car, or life
Any medical expenses, form therapy costs to prescription cost and even travel expenses.

Can I make a motorcycle accident claim on behalf of someone else?

A motorcycle accident can mean serious head and brain injury that leaves someone close to you unable to function normally. In those circumstances, you can make a motorcycle accident personal injury claim on their behalf.

If you find yourself in this situation, we can help. We are able to advise you about making a claim on behalf of somebody else and what the next steps might be.

How NJS Law Can Help You to make a Motorcycle Accident Claim

If you have been involved in an accident as a motorcyclist and the accident was not your fault, then we can help you claim the compensation you deserve.

Sometimes, the motorist involved may deny responsibility, however we will work to gather all relevant evidence including police reports, witness testimonials and photographs of the accident location to ensure a fair outcome is achieved, and if you were not at fault recover you the right and fair amount of compensation.

As well as working to establish liability we will gather evidence to support the value of your claim in respect of both your injuries and financial losses, which may include amongst other things repairing or replacing your motorbike, loss of earnings due to time off work, as well as care and treatment costs.

Our NJS Law Cycling Accident 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 are available by email or phone.