Categories
Cycling Accident

When Can a Cyclist Claim Against a Motorist?

When Can a Cyclist Claim Against a Motorist

mcpicadofelipe

Cycling on the roads comes with its inherent risks, especially when sharing space with motor vehicles. If you’re a cyclist involved in an accident with a motorist, it’s essential to understand your rights and when you can make a claim against the driver.

  • Negligence: One of the primary grounds for a cyclist to claim against a motorist is if the driver was negligent. This could include actions such as speeding, running a red light, failing to yield, or driving while distracted. If the driver’s negligence contributed to the accident and your injuries, you may be entitled to compensation.
  • Failure to Follow Road Rules: Motorists are required to follow specific rules and regulations when sharing the road with cyclists. If a driver breaches these rules, such as by failing to give cyclists enough space when overtaking or cutting off a cyclist at a junction, they may be held liable for any resulting accidents.

     

  • Dangerous Driving: In cases where the motorist’s actions go beyond negligence and constitute dangerous driving, such as reckless overtaking or aggressive manoeuvres, cyclists may have strong grounds for a claim. Dangerous driving poses a significant risk to cyclists’ safety and warrants legal action to hold the driver accountable.

     

  • Contributory Negligence: It’s essential to note that in some cases, both the cyclist and the motorist may share some degree of fault for an accident. However, even if the cyclist is partially responsible, they may still be able to claim compensation, although the amount awarded could be reduced to reflect their contribution to the accident.
  • Legal Assistance: Navigating the complexities of a cycling accident claim against a motorist can be challenging, especially when dealing with insurance companies and legal proceedings. Seeking the advice of a knowledgeable personal injury solicitor who specialises in cycling accidents can greatly improve your chances of a successful claim.

If you’re a cyclist who has been injured in an accident involving a motorist, it’s crucial to understand your rights and explore your options for seeking compensation. By knowing when you can claim against a motorist and seeking legal assistance, you can protect your rights and receive the compensation you deserve for your injuries and losses.

Our team has decades of combined experience in successfully advising and representing clients in personal injury cases resulting from cycling accidents. We are sympathetic and understanding and are here to help you every step of the way.

Call us on 01 625 667166 or email us today to discuss your claim.

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.

Categories
Cycling Accident

How Long Do I Have To File A Cycling Accident Claim?

How long do I have to file a cycling accident claim

mcpicadofelipe

When you’ve been involved in a cycling accident, it’s crucial to act promptly, not only to ensure your well-being but also to protect your legal rights. One of the most important aspects to consider is the timeframe within which you can file a claim for compensation. Here’s what you need to know about the time limit for filing a cycling accident claim:

  • Limitation Period: There is a legal time limit known as the “limitation period” within which you must file a personal injury claim following a cycling accident. Generally, this period is three years from the date of the accident or the date you became aware of your injuries if they were not immediately apparent.

  • Act Promptly: It’s essential to take action promptly after a cycling accident. Gathering evidence, documenting the scene, and seeking medical attention should be your immediate priorities. Delaying these steps could not only impact your health but also weaken your potential claim.

  • Seek Legal Advice: As soon as possible after the accident, it’s advisable to seek legal advice from a specialist personal injury solicitor who has experience in handling cycling accident claims. They can assess your case, advise you on your rights, and guide you through the claims process.

  • Complex Cases: In some cases, such as those involving serious injuries or disputes over liability, the claims process may take longer to resolve. Starting the process early ensures you have sufficient time to gather evidence and build a strong case.

  • Exceptions: While the standard limitation period is three years, there are some exceptions to this rule. For example, if the accident involves a child under the age of 18, they have until their 21st birthday to file a claim.

  • Don’t Miss the Deadline: Failing to file a claim within the limitation period could result in your right to compensation being lost. It’s essential to be aware of the deadline and take action within the prescribed timeframe to protect your legal rights.


Understanding the timeframe for filing a cycling accident claim is crucial for protecting your rights and securing the compensation you deserve. By acting promptly and seeking legal advice early on, you can navigate the claims process effectively and maximise your chances of a successful outcome.

Our team has decades of combined experience in successfully advising and representing clients in personal injury cases resulting from cycling accidents. We are sympathetic and understanding and are here to help you every step of the way.

Call us on 01 625 667166 or email us today to discuss your claim.

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.

Categories
Cycling Accident

What Can I Claim For In A Cycling Accident?

What can I claim for in a cycling accident

mcpicadofelipe

Cycling is a popular and eco-friendly mode of transportation; however, accidents can happen, and when they do, it’s important to understand your rights and what you can claim for. Here’s a brief description of what you may be entitled to in the unfortunate event of a cycling accident:

Personal Injury Compensation: If you’ve sustained injuries in a cycling accident due to someone else’s negligence, you may be eligible for personal injury compensation. This compensation can cover various damages such as medical expenses, loss of earnings, pain and suffering, and future rehabilitation costs.

Damage to Property: In addition to personal injury, you can also claim for any damage to your bicycle or other property caused by the accident. This could include repairs or replacements for your bike, helmet, clothing, or any other gear damaged in the incident.

Loss of Earnings: If your injuries have resulted in you being unable to work, you may be entitled to claim for loss of earnings. This compensation can help cover the income you’ve lost during your recovery period.

Medical Expenses: Any medical expenses incurred as a result of the accident, including hospital bills, physiotherapy, medication, or ongoing treatment, can be claimed for as part of your compensation.

Pain and Suffering: Compensation can also be awarded for the physical and emotional pain and suffering you’ve experienced due to the accident and your injuries. This is often referred to as general damages and is calculated based on the severity and impact of your injuries.

Future Costs: In cases of serious injuries that require long-term care or result in permanent disability, you may be entitled to claim for future costs such as ongoing medical treatment, care assistance, or adaptations to your home or lifestyle.

It’s essential to seek legal advice from a qualified personal injury solicitor specialised in cycling accidents to understand your rights fully and ensure you receive the compensation you deserve. They can guide you through the claims process, gather evidence to support your case, and negotiate with insurance companies on your behalf.

Remember, every case is unique, and the amount of compensation you receive will depend on various factors such as the severity of your injuries, the impact on your life, and the evidence available. By knowing your rights and seeking the appropriate legal advice, you can take the necessary steps to protect yourself and secure the compensation you’re entitled to following a cycling accident.

Our team has decades of combined experience in successfully advising and representing clients in personal injury cases resulting from cycling accidents. We are sympathetic and understanding and are here to help you every step of the way.

Call us on 01 625 667166 or email us today to discuss your claim.

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.

Categories
Pedestrian Accident

How Much Compensation For Pedestrian Injury?

How much compensation for pedestrian injury

mcpicadofelipe

Pedestrian accidents can result in serious injuries, ranging from fractures and soft tissue damage to more severe conditions with long-term consequences. If you’ve been injured as a pedestrian due to the negligence of another party, you may be entitled to compensation. Let’s explore how compensation for pedestrian injuries is determined:

Factors Influencing Compensation:
  • Severity of Injuries: The extent and severity of your injuries significantly impact the amount of compensation you may receive. This includes physical injuries, psychological trauma, and any long-term disabilities resulting from the accident.

  • Medical Expenses: Compensation may cover medical expenses incurred as a result of the accident, including hospital bills, rehabilitation costs, medication, and ongoing treatment or therapy.

  • Loss of Earnings: If the pedestrian accident has affected your ability to work and earn a living, you may be entitled to compensation for loss of earnings, both current and future, including any potential loss of earning capacity.

  • Pain and Suffering: Compensation may also account for the pain, suffering, and loss of enjoyment of life experienced as a result of the injuries sustained in the accident.

  • Care and Assistance: If you require additional care and assistance with daily activities due to your injuries, compensation may cover the costs associated with hiring carers or adapting your living environment.

  • Future Needs: In cases of severe or permanent injuries, compensation may consider future needs, such as ongoing medical care, modifications to accommodation, and specialised equipment or aids.
Making a Claim:

To pursue compensation for pedestrian injuries, you typically need to file a personal injury claim against the party responsible for the accident. This could be the driver of a vehicle, a cyclist, or another party whose negligence contributed to the incident.

Calculating Compensation:

Compensation amounts vary depending on the specific circumstances of each case.

Legal Assistance:

Seeking legal advice from a solicitor experienced in personal injury claims is advisable to navigate the complexities of the process. A solicitor can assess the merits of your case, gather evidence, and negotiate with insurance companies or the responsible party on your behalf.

While there is no fixed amount for pedestrian injury compensation, the aim is to provide adequate financial support to help you recover and move forward with your life following an accident. By understanding the factors that influence compensation and seeking professional legal guidance, you can pursue the compensation you deserve for your injuries and losses as a pedestrian.

If you have been injured in a pedestrian (car, cyclist, motorbike…) accident that was not your fault, Nicholson Jones Sutton Solicitors can help you to claim the compensation you deserve.

Our team has decades of combined experience in successfully advising and representing clients in personal injury cases resulting from pedestrian accidents. We are sympathetic and understanding and are here to help you every step of the way.

Call us or email us today to discuss your claim.

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.

Categories
Pedestrian Accident

What Are The Most Common Pedestrian Accident Injuries?

What are the most common pedestrian accident injuries

mcpicadofelipe

Unfortunately, accidents involving pedestrians occur all too frequently, leading to various injuries. Understanding these common injuries can serve as a reminder to stay vigilant and prioritise safety while walking.

Here are some of the most prevalent pedestrian accident injuries:

  • Fractures and Broken Bones: When a pedestrian is struck by a vehicle or falls, fractures and broken bones are among the most common injuries. These can range from minor fractures to severe breaks requiring surgical intervention.
  • Head Injuries: Traumatic brain injuries and concussions are serious concerns in pedestrian accidents. Head injuries can lead to long-term complications and require extensive medical treatment.
  • Soft Tissue Injuries: Pedestrians often suffer from soft tissue injuries such as sprains, strains, and contusions. These injuries can cause significant pain and discomfort, affecting mobility and quality of life.
  • Back and Spinal Cord Injuries: Accidents involving pedestrians can result in back injuries, including damage to the spinal cord. These injuries may lead to paralysis, loss of sensation, and lifelong disabilities.
  • Internal Injuries: The impact of a collision can cause internal injuries, such as organ damage and internal bleeding. These injuries may not be immediately apparent and require prompt medical attention.
  • Lacerations and Abrasions: Pedestrians may sustain cuts, scrapes, and abrasions due to contact with the ground or objects during an accident. While these injuries are often minor, they can still lead to complications if not properly treated.
  • Psychological Trauma: Witnessing or being involved in a pedestrian accident can result in psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, and depression. It’s essential to address both the physical and emotional aspects of recovery.

In the event of a pedestrian accident, seeking immediate medical attention is crucial, even if injuries seem minor. Additionally, consulting with legal professionals experienced in personal injury cases can help pedestrians pursue compensation for damages and medical expenses.

If you have been injured in a pedestrian (car, cyclist, motorbike…) accident that was not your fault, NJS Law can help you to claim the compensation you deserve.

Our team has decades of combined experience in successfully advising and representing clients in personal injury cases resulting from pedestrian accidents. We are sympathetic and understanding and are here to help you every step of the way.

Call us or email us today to discuss your claim.

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.

Categories
Pedestrian Accident

Types Of Pedestrian Accidents

Types Of Pedestrian Accidents

mcpicadofelipe

As a pedestrian understand the types of accidents that commonly occur while walking and crossing roads, can empower us to take proactive measures to stay safe. Here’s a brief of some prevalent pedestrian accidents:

  • Vehicle Collisions: One of the most common types of pedestrian accidents involves collisions with vehicles. These accidents occur when pedestrians are struck by cars, trucks, motorcycles, or bicycles while crossing the road, walking along the pavement, or standing near traffic.
  • Intersection Accidents: Intersections can be particularly hazardous for pedestrians, as they often involve multiple lanes of traffic and complex traffic patterns. Pedestrians may be hit by turning vehicles or fail to notice oncoming traffic while crossing at intersections.
  • Zebra crossing Incidents: While crosswalks are designated for pedestrian crossing, accidents can still occur due to motorists failing to yield or pedestrians attempting to cross against traffic signals. Crosswalk accidents are especially common in busy urban areas.
  • Car Parking: Pedestrians are at risk of being struck by vehicles in car parking and garages, where drivers may be distracted or moving at higher speeds than expected. Blind spots and limited visibility can contribute to car park accidents.
  • Pavement Collisions: Surprisingly, accidents can also happen on pavements, particularly when vehicles veer onto the pavement or when cyclists use pavement illegally. Pedestrians may also trip and fall due to uneven surfaces, debris, or poorly maintained pavements.
  • Pedestrian Struck by Reversing Vehicles: In residential areas and car parking, pedestrians are vulnerable to accidents involving vehicles backing out of driveways or parking spaces. These accidents often occur due to limited visibility for both drivers and pedestrians.
  • Pedestrian-Only Areas: Even in areas designated exclusively for pedestrians, such as parks or pedestrian zones, accidents can still happen. These incidents may involve collisions with bicycles, scooters, or other pedestrians.

To enhance pedestrian safety, it’s crucial for both pedestrians and motorists to exercise caution and follow traffic laws. Pedestrians should always use designated zebra crossing, wait for traffic signals, and remain alert to their surroundings. Motorists must respect pedestrian right-of-way, avoid distractions, and adhere to speed limits, especially in areas with high foot traffic.

If you have been injured in a pedestrian (car, cyclist, motorbike…) accident that was not your fault, NJS Law can help you to claim the compensation you deserve.

Our team has decades of combined experience in successfully advising and representing clients in personal injury cases resulting from pedestrian accidents. We are sympathetic and understanding and are here to help you every step of the way.

Call us or email us today to discuss your claim.

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.

Categories
Women’s Health Negligence

Endometriosis: Latest Study Shows On Average A Nine-Year Weight For A Diagnosis

Endometriosis latest study shows on average a nine-year weight for a diagnosis

mcpicadofelipe

A recent study by the charity Endometriosis UK revealed that women are waiting almost nine years for a diagnosis of endometriosis. Endometriosis UK showed that following the pandemic 47% of those surveyed had visited their GP ten or more times before receiving a diagnosis of endometriosis with 70% visiting five times or more.

BBC News has revealed some cases that are absolutely devastating:

“Nobody listened to me, and to feel like women are still going through that 20 years after my diagnosis is horrific,” said Michelle Bates. “I went back and forth to the GP with my mum, who was the only one who believed in my pain,” she said.

“I remember passing out at work one day. I was in so much pain,” recalled Ms Bates, who works in finance.
An ultrasound for suspected appendicitis revealed three very large cysts, including one hanging from her ovary that was 12cm (4.7 inch) in diameter.
She had just got married, and was told by her surgeon she had the worst case of endometriosis they had ever seen.

Lowri Shepstone, from Brecon, Powys, had to wait 17 years for a diagnosis and said she was also told her symptoms were not abnormal.

“Have a hot water bottle, and we’ll put you on the pill,” was her GP’s response when she was a teenager, she said.
“The day I actually got a diagnosis, I nearly burst into tears.”

Ms Shepstone also pointed out women suffering from endometriosis suffer from “endo belly”, caused by bloating. “You can look eight months pregnant but not be pregnant and potentially not be able to have children,” she said.

What is Endometriosis?

Endometriosis is a disease that deposits hormone responsive abnormal tissue outside the womb. The cause is unknown. There are 10.5 million women in the UK between the ages of 15 and 45 and the prevalence of endometriosis is 3%. Severe endometriosis ranges from 5-30% of affected patients. It is estimated that there are 5,000 women with severe disease *.

Symptoms

Symptoms include pelvic pain, period pain that stops normal activities, pain when passing urine or bowel movements, feeling sick, constipation or diarrhoea** .

Early Diagnosis

Endometriosis UK submit that early diagnosis is important as the disease may progress causing worsening symptoms, organ damage and restricting decisions regarding fertility. They state that this delay is unacceptable and is having a significant impact on women’s physical and mental health causing pain and affecting fertility.

Main Treatments for severe/moderate endometriosis

Treatment of severe endometriosis was included in the Government’s Women’s Health Strategy which was launched in 2022. It includes a service specification for women with severe endometriosis who will have access to a treatment pathway to laparoscopy (keyhole surgery). This is where small abdominal cuts are made so that the endometriosis tissue can be destroyed or cut out. Other treatments include hysterectomy which involves the removal of the uterus and sometimes the ovaries as well.

Conclusion

Increased awareness of endometriosis is needed to help women to recognise the symptoms and obtain support. Greater awareness and training in the health service are required so that this condition is diagnosed and treated promptly. If earlier diagnosis and treatment occurred, the impact of this condition on women’s physical and mental health would be reduced and it may also be possible that some of the more serious surgical interventions could be avoided or at the very least delayed.

In the unfortunate event of experiencing medical negligence, it is imperative to seek legal advice promptly to safeguard your rights and pursue an appropriate approach for recourse. Consulting with a qualified solicitor specialising in medical negligence is crucial in navigating the complex legal scenery associated with such cases. A solicitor can assess the details of your situation, gather relevant evidence, and provide a comprehensive understanding of your legal options. They can guide you through the process of filing a medical negligence claim, ensuring that you take the necessary steps to seek justice and compensation for any damages incurred. Additionally, legal professionals can liaise with medical experts to strengthen your case and help you navigate the complexities of the healthcare system. Taking prompt legal action is essential to protect your rights, hold responsible parties accountable, and secure the compensation you may be entitled to for any physical, emotional, or financial harm endured as a result of medical negligence.

Our team has decades of combined experience in successfully advising and representing clients in Women’s Health Negligence.

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.

* E10/s/a NHS standard contract for complex gynaecology – severe endometriosis

** Endometriosis -NHS

Kate Barge

Clinical Negligence Solicitor

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM

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

Ask NJS

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.

Categories
Birth Injury

What Are The Reasons To Hire a Birth Injury Solicitor

What are the reasons to hire a birth injury solicitor

mcpicadofelipe

Welcoming a new life into the world is an extraordinary and joyous occasion. However, when complications arise during childbirth, resulting in birth injuries, the emotional and financial toll on families can be overwhelming. In such challenging circumstances, hiring a birth injury solicitor can make a significant difference. This post explores the reasons why engaging the expertise of a birth injury solicitor is crucial for families navigating these complex situations.

  • Specialised Knowledge:
    Birth injury solicitors specialise in cases related to medical negligence during childbirth. Their in-depth knowledge of the legal and medical aspects of birth injuries equips them to navigate complex cases effectively.

  • Evaluation of Medical Records:
    Birth injury cases often involve a meticulous review of medical records to identify instances of negligence. A birth injury solicitor can assess these records with a trained eye, working alongside medical experts to determine whether the standard of care provided fell below acceptable levels, leading to the birth injury.

  • Access to Medical Experts:
    Birth injury solicitors have connections with medical professionals who can provide expert opinions on the medical aspects of the case. These experts play a crucial role in establishing a link between the medical negligence and the resulting harm, strengthening the legal argument in favour of the affected family.

  • Guidance Through Legal Processes:
    Navigating legal processes can be overwhelming, especially for families already dealing with the emotional after-effects of a birth injury. Birth injury solicitors guide families through each step of the legal process, ensuring that all necessary documentation is filed correctly and deadlines are met.

  • Maximising Compensation:
    Birth injury solicitors work tirelessly to secure the maximum compensation possible for families. This compensation is essential to cover medical expenses, ongoing care, rehabilitation costs, and any other financial burdens associated with caring for a child with birth injuries.

  • Timely Action:
    There are time limits, known as statutes of limitations, for filing legal claims. Birth injury solicitors are aware of these time constraints and emphasise the importance of taking timely action. Seeking legal advice promptly ensures that families do not miss crucial deadlines for filing a claim.

Our team has decades of combined experience in successfully advising and representing clients in birth injury claims.

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.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM

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.

Categories
Birth Injury

C-Section Injuries to Children and Mothers – How to Claim

C-Section Injuries to Children and Mothers – How to Claim

mcpicadofelipe

While Caesarean sections (C-sections) are routine procedures that can save lives during childbirth, they are not without risks. In some cases, both mothers and infants may experience injuries during the process.

Injuries to mothers may include infections, excessive bleeding, or damage to nearby organs. For infants, potential injuries range from lacerations to respiratory distress. In severe cases, injuries sustained during a C-section can lead to long-term consequences for both the mother and the child.

If you or your child has suffered an injury during a C-section, you may be eligible to make a compensation claim. Initiating the process involves gathering evidence to establish that the injury was a result of medical negligence or improper care during the C-section. This evidence may include medical records, expert opinions, and documentation of the injuries sustained.

In successful claims, compensation may be awarded to cover medical expenses, rehabilitation costs, pain and suffering, and any ongoing care required for both the mother and the child. The financial support aims to alleviate the burdens associated with C-section injuries and provide resources for necessary treatments and interventions.

It is essential to take prompt action if you believe that you or your child has suffered an injury during a C-section. Legal time limits, known as the statute of limitations, apply to medical negligence claims. Seeking legal advice as soon as possible will help you determine the viability of your case and initiate the claims process within the stipulated timeframe.

If you find yourself in such a situation, don’t hesitate to seek legal advice and explore your options for a C-section injury claim.

Our team has decades of combined experience in successfully advising and representing clients in birth injury claims.

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.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM

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.

Kate Barge

Clinical Negligence Solicitor

Kate has been a specialist solicitor in clinical negligence and dental negligence claims since 2010. During this time, she has mainly worked on the claimant side of negligence although she has obtained experience working at defendant firms which has given her invaluable insight.

Previous to qualifying as a solicitor Kate had a career in nursing qualifying as an RGN and subsequently working as a Theatre Sister at the Chelsea and Westminster Hospital in London. During her time working in clinical negligence she has run high value claims including a claim against the rogue breast surgeon Ian Paterson.

She loves travel and wild life and has recently been scuba diving off the coast of  Mexico with turtles,  sting rays  and moray eels.