Categories
Cycling Accident

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

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

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

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

Potholes arise from a confluence of factors, such as the relentless cycle of freeze-thaw, heavy vehicular traffic, water damage, aging roads, wear and tear, and subpar construction practices. In the context of Britain’s weather and road conditions, their prevalence comes as no surprise.

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

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

Potholes pose a significant risk to cyclists, often resulting in falls onto the road and into oncoming traffic. Rain exacerbates the danger, as potholes fill with water, making them even harder to detect.

Recent case in which a cyclist, thinking he hit a puddle, went through a deep pothole, breaking his bike frame and injuring himself. Fortunately, he made a successful claim against the local authority. In another tragic instance, a retired music teacher lost his life after his bike got stuck in a 23cm-deep pothole in Wyre, Lancashire.

That while fatalities are infrequent, even one is too many. We aim not only to secure compensation for individuals but also to shed light on the issue and drive change in pothole maintenance and road safety. The responsibility lies with both central and local governments to address the “woefully inadequate” state of the country’s roads and make them safer for all road users.

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

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

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Categories
Road Traffic Accident

Personal Injury as a Passenger – How to Make a Claim

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

Latest 2021 statistics show:

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

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

How Do Road Traffic Accidents Happen?

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

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

The Impact of Speed on Passenger Injuries

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

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

What Types of Injuries Do Car Accidents Cause?

Passenger injuries generally fall into two categories.

Impact Injuries

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

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

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

Penetrating Injuries

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

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

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

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

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

The Rehabilitation Code

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

Will I Have to Go to Court?

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

  • Police reports
  • Medical evidence
  • Accident circumstances

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

Conclusion

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

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

CONTACT US

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Categories
Accident at Work

Claim For Work Accident: The Ultimate Guide

Most of us take for granted that we will return safely from work at the end of the day. Unfortunately, this is not always the case. HSE figures for 2021/22 show that over half a million workers (565,000) sustained an injury at work. Tragically, 135 workers never made it home, having lost their lives on the job.

If you are injured in the workplace, compensation is vital to ensure you can continue to pay your bills if you are off work for an extended period as well as fund private rehabilitation to speed up your recovery. In this comprehensive guide, we set out how to claim for a workplace personal injury and how an experienced Solicitor can increase your chances of making a successful claim against your employer.

What are the most common types of workplace injuries?

Workplace injuries can range from a minor papercut through to catastrophic brain or spinal injuries that require permanent 24/7 care. The most common type of personal injuries suffered at work include:

  • Slips, trips, and falls – wet floors, uneven surfaces, poor lighting, or cluttered work areas can result in a variety of injuries, including sprains, fractures, back, and head injuries.
  • Overexertion injuries – typically occur due to repetitive movements or lifting heavy objects, actions that are often required in manual labour jobs. Overexertion can result in musculoskeletal disorders, such as sprains, strains, and hernias.
  • Falling objects – in certain environments such as warehouses, agricultural, or construction sites, without a comprehensive health and safety risk assessment in place, workers can easily be struck by falling objects. Resulting injuries can range from a mild concussion to crushed limbs and catastrophic brain injuries to name but a few.
  • Machine entanglement – operating heavy can lead to clothes or body parts such as fingers becoming entangled or crushed. Gashes, crush injuries, and in worst case scenarios, amputations can result.
  • Being hit by a moving vehicle – this type of accident can lead to broken bones, whiplash, or traumatic brain and injuries.
  • Repetitive Strain Injury (RSI) – commonly affects office workers who use keyboards extensively and factory workers repeating the same types of movements over a long period of time.
  • Burns – these are a risk in jobs that involve exposure to open flames, hot objects, chemicals, or electrical equipment. Burns can cause lifechanging disfigurement as well as extensive long term pain and care requirements.
  • Hearing loss – continual exposure to loud noise can lead to noise-induced hearing loss, particularly in industries like manufacturing, construction, agriculture, and aviation.
What should I do if I suffer a personal injury in the workplace?

There are steps you can take to increase your chances of achieving a successful personal injury claim. The below assumes that you are capable of making decisions and taking certain actions. If this is not the case, you do not need to worry. An experienced Personal Injury Solicitor will talk with you about what happened and collate the necessary evidence from your workplace’s accident record book, witness statements, and medical records.

If you can, try and do the following:

  • Seek medical attention
    Your health is the number one priority. Not only is immediate medical attention crucial for your wellbeing, but it also provides an official record of your injuries. Ensure you have copies of your medical records that show the extent of your injuries, the treatment required, and your prognosis.
  • Report the incident
    Businesses with ten or more employees must have a means of recording the details of all accidents that result in injury and records must be kept for three years. Find out where your organisation’s accident report book/spreadsheet/database is and ensure it is filled in with all the details of the event. If there is no accident report book, ask your employer to make a written record of what happened and provide you with a copy.
  • Collect evidence of the accident
    If possible, take photos of the scene of the accident, highlighting any hazardous conditions that may have contributed to the incident. If there were any witnesses, try to obtain their statements and contact information. Additionally, make a note of the incident in as much detail as possible while it’s fresh in your mind.
  • Track Costs and Losses
    By keeping a record of all your direct costs such as medical bills, travel expenses to and from medical appointments, and modifications to your home and/or vehicle, as well as indirect costs, such as lost income due to time off work will assist your Personal Injury Solicitor calculate the amount of damages to claim for.
  • Instruct an experienced Workplace Injury Solicitor
    Your choice of Solicitor can greatly impact your chances of making a successful workplace injury claim. They will guide you through the legal process, gather evidence (including evidence from expert witnesses), negotiate with the other party, and, if necessary, represent you in Court (or instruct a Barrister to do so. They will also advise you on whether your claim is within the timeframe set by the Limitation Act 1980. Under the Act, you generally have three years from the date of the workplace accident to make a claim. However, exceptions can apply, such as in cases where the effects of the injury were not immediately apparent.

    Even if you think you may have left it too late to make a Workplace Injury Claim, talk to a Solicitor as they may spot a way to argue that the Court should use its discretion to allow the claim.

How do I pay for legal fees in a workplace accident claim?

Most Workplace Injury Solicitors offer a ‘no win, no fee’ agreement. This means that if you lose your case, you will not have to pay for legal advice; however, you may be required to pay for any disbursements (expenses) associated with your claim.

Can my employer dismiss me for making a compensation claim?

Absolutely not. And if you are dismissed, you may have a further claim in the Employment Law Tribunal for unfair dismissal.

You may feel guilty for bringing a compensation claim against your employer; however, you must remember that it is compulsory for all business owners who have employees to hold Employee Liability Insurance for at least £5 million to cover any personal injury claims. You will not be putting their business or personal finances at risk by making a claim for the funds you need to recover your health and pay you and your family’s expenses if you cannot work.

Wrapping up

Claiming for a personal injury at work can seem daunting. However, by instructing an experienced Personal Injury Solicitor to provide advice and representation and be by your side throughout the entire claims journey, you will be free to focus on your recovery, your family, and rebuilding your life.

Our team has decades of combined experience in dealing with Injury Claims.

Our NJS Law Personal Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

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

CONTACT US

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

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FAQ

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Categories
Personal Injury

A Comprehensive Guide to Personal Injury Claims

Accidents happen, and unfortunately, they can result in injuries that have a significant impact on our lives. When someone else’s negligence causes harm, individuals have the right to seek compensation through personal injury claims. In this article, we will explore the key aspects of personal injury claims, including the legal process, types of claims, and important considerations for those seeking justice.

Understanding Personal Injury Claims

A personal injury claim is a legal process that allows individuals who have suffered injuries due to someone else’s negligence to seek financial compensation for their losses. These claims are designed to help victims recover physically, emotionally, and financially from their injuries.

Common Types of Personal Injury Claims

There are various types of personal injury claims that can arise from different circumstances. Some common examples include:

  • Road Traffic Accidents: These claims are related to injuries sustained in car accidents, motorcycle accidents, cycling accidents, or pedestrian accidents caused by the negligence of another party.
  • Workplace Accidents: When employees suffer injuries at work due to unsafe conditions, inadequate training, or faulty equipment, they may be eligible to make a personal injury claim against their employer.
  • Public & Occupier Liability Claims: These claims arise when injuries occur in public places such as parks, shopping centres, or sidewalks due to poor maintenance or negligence on the part of property owners.
  • Serious Injury Claims: Serious injuries, often referred to as catastrophic injuries are those that have a significant and long-term impact on the life of the injured person and their family. Such injuries can include brain and spinal cord injuries, as well as amputations, serious burns, serious medical injuries and fatal accidents.
If you have been injured due to someone else's fault protect your rights and pursue the injury compensation you deserve.
The Legal Process

1. Consultation with a Solicitor: To initiate a personal injury claim, it is desirable to consult with a specialist personal injury solicitor who can evaluate your case and guide you through the claiming compensation process.

2. Gathering Evidence: Your solicitor will help you gather evidence to support your claim, including medical records, accident reports, witness statements, and any other relevant documentation.

3. Letter of Claim: Once sufficient evidence has been gathered, your solicitor will draft a formal letter of claim to the party responsible for your injuries, outlining the details of the incident, the injuries sustained, and the financial losses incurred.

4. Negotiations and Settlement: The defendant’s insurance company will respond to the letter of claim. Negotiations may take place to reach a fair settlement amount that adequately compensates for your losses. If an agreement is reached, your claim will be settled without going to court.

5. Court Proceedings: In the event that a settlement cannot be reached, court proceedings may be initiated. Your solicitor will guide you through the litigation process, representing your interests and presenting your case to the court.

Important Considerations
  • Time Limits: There is a strict time limit for making personal injury claims. In most cases, you have three years from the date of the incident to file a claim. However, exceptions exist, such as claims involving children.
  • Win, No Fee: No win-no fee agreements are often referred to as Conditional Fee Agreements (CFAs). Essentially, this means that if you lose your case, you will not have to pay your legal fees. However, depending on the contract you have with your Solicitor, you may need to pay for expenses associated with your case. These are referred to as disbursements.
  • Compensation: The amount of compensation awarded varies depending on the severity of the injuries, financial losses incurred, and other factors. Compensation can cover medical expenses, loss of earnings, rehabilitation costs, pain, and suffering, among other damages.
Conclusion

Personal injury claims are designed to provide individuals with a legal route to seek compensation when they suffer injuries due to someone else’s negligence. By understanding the legal process, seeking professional advice victims can navigate the claims process more effectively.

If you have been injured due to someone else’s fault, consulting with a personal injury solicitor is crucial in order to protect your rights and pursue the injury compensation you deserve.

Our team has decades of combined experience in dealing with Injury Claims.

Our NJS Law Personal Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

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

CONTACT US

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

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FAQ

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Categories
Damp & Mould Disrepair

Takeaways from New Report into Damp and Mould in Social Housing

On 28th June 2023, the Regulator of Social Housing published a report on damp and mould in social housing stock. The paper was created in response to the Coroner’s report on the tragic death of two-year-old Awaab Ishak in Rochdale, in which damp and mould present in the toddler’s home was found to have contributed to his death.

What was the focus of the report into damp and mould in social housing?

After the Coroner had published his report, the Regulator asked all large registered providers of social housing to submit evidence concerning the extent of damp and mould in their housing stock and their approach to tackling it. The initial findings from 386 responses were published in February this year and showed:

  • Most social housing providers are aware of damp and mould issues in their housing stock and are actively trying to deal with the issue; however, more could be done.
  • A majority of social housing tenants live in premises free from damp and mould; however, where it is present, it can negatively impact on a tenant’s health and wellbeing.
  • Some landlords submitted poor quality responses that raised red flags concerning their proactiveness and commitment in tackling damp and mould issues.
  • RSH’s best estimate is that less than 0.2% of social homes have the most serious damp and mould problems, 1-2% have serious damp and mould problems, and a further 3-4% have notable damp and mould.

Eight local authority landlords provided extremely poor responses, highlighting that some:

  • Did not have up-to-date and detailed stock data and condition surveys.
  • There was no clear processes and procedures for dealing with damp and mould issues.
  • Could not identify homes within their portfolios that were damp and mouldy.

These eight landlords are engaging with the Regulator. In addition, since the Coroner’s report, the Regulator has received 12 self-referrals from landlords for potential breaches of the Home Standard due to damp and mould and 38 referrals from other sources. The Home Standard sets expectations for registered providers of social housing to provides tenants with quality accommodation and a cost-effective repairs and maintenance service.

Why do some social housing providers struggle to manage damp and mould complaints?

There is a familiar saying provider of social housing are all aware of, namely – “the sector is awash with data, but information is in short supply.”

In 2022, the Better Social Housing Review called for a nationwide audit to be undertaken to gain a “comprehensive, consistently measured picture of the state of social housing across the country”.

“Many stakeholders we spoke with suggested that housing associations both need to be more proactive about getting on top of data on quality and to make more effective use of what is already known.”

It needs to be acknowledged that the social housing sector is facing the same external pressures as many other public bodies, such as insufficient staff, continual budget cuts, and rising prices. However, the Better Social Housing Review makes clear that providers need to up their game in many areas:

“…we urge every housing association to have the courage to ask themselves difficult, but necessary, questions about the reality of all the homes they provide, and the service given to all their tenants, so that real progress can continue to be made.”

Another reason tenants often struggle to get their social housing landlord to take action is because in the past, there has sometimes been a tendency to blame the tenant for failing to ventilate the property or doing things that can cause condensation such as drying clothes indoors. This has led to situations where the tenant is forced to waste time defending their actions and behaviours to a landlord who is in no hurry to fix the problem because they are under the misconception that it is self-inflicted.

What are the recommendations for improving damp and mould in social housing?

The key recommendations from the Better Social Housing Review include:

1. Housing associations need to go back to evaluating their performance against their core purpose – to provide decent, safe homes for those who cannot afford to rent in the private sector.

2. A full audit of social housing stock must be undertaken.

3. Each housing association should ask tenants, frontline staff, and contractors to work together to review how the organisation deals with maintenance and repairs.

4. Housing associations need to focus on recruiting and retaining housing officers so officers’ existing ‘patch’ sizes can be reduced.

5. Tenants should be empowered to lead investigations and reviews.

6. Providers should increase engagement by setting up and/or utilising more community-based hubs.

7. Housing associations should support tenants and frontline staff to undertake an annual review of the progress each organisation is making in fulfilling this review’s recommendations.

Wrapping up

Along with implementing the above suggestions, the social housing sector is awaiting the enactment of the Social Housing (Regulation) Bill 2022-23, which at the time of writing was in the final stages of the consideration of amendments. The most crucial step for tenants living in damp and mouldy houses is to contact our Housing Disrepair Solicitors immediately so we can assess your situation and take steps to force your landlord to make your home safe and habitable.

How NJS Law can help you with damp and mould repairs

NJS Law is one of the few housing disrepair solicitors across England and Wales who have a professional and dedicated legal team to ensure that your repairs are completed and more importantly get your home into the excellent condition that you deserve.

We can help you with the following aspects:

Instruct a surveyor to assess the disrepair and provide a report to use as evidence.

– If necessary, legally ensure your housing association or council completes all your repairs.

Claim compensation for you for the period of time your property has been in disrepair.

At NJS Law we are housing disrepair claim experts, assisting tenants nationwide on a NO WIN NO FEE basis to compel their council or Housing Association to conduct crucial repairs to their properties, in addition to recovering compensation for the period of time repairs have been delayed.

Our team has decades of combined experience in dealing with Housing Disrepair Claims. We are sympathetic, understanding, and are here to help you every step of the way.

Contact us today to discuss your claim.

Ask NJS Law

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FAQ

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Categories
Housing Disrepair Claims

Housing Disrepair Claim vs Housing Ombudsman Complaint

The Impact Of Housing Disrepair On Older People

When renting a property, tenants have certain rights that are protected by law. One of these rights is the right to live in a safe and well-maintained home. However, sometimes landlords fail to maintain their properties, leading to disrepair and potentially hazardous living conditions for tenants. In such cases, tenants have two options: they can make a housing disrepair claim and/or file a complaint with the Housing Ombudsman, after the landlord’s internal complaints process has been exhausted.

The tenants have the right to use both legal options.

In this article we are going to describe each option and why to pursue both.

What is a Housing Disrepair Claim?

A housing disrepair claim is a legal action that tenants can take against their landlords for failing to carry out necessary repairs to their rented property. To make a disrepair claim, tenants must demonstrate that the property is in need of repairs that are the responsibility of the landlord, and that the landlord has failed to address the issue.

Examples of disrepair can include structural issues such as damp, leaks, heating and or electrical issues…If a tenant can prove that their landlord has neglected these issues, they may be entitled to compensation for any damage or inconvenience caused.

To make a disrepair claim, tenants must first inform their landlord of the issue and allow a reasonable amount of time for the landlord to address the problem. If the landlord fails to respond or take action, tenants may then choose to pursue a disrepair claim.

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

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What is a Housing Ombudsman Complaint?

The Housing Ombudsman is an independent body that investigates complaints made by tenants about their landlords. The ombudsman’s role is to resolve disputes between landlords and tenants, and to ensure that landlords are meeting their legal obligations to provide safe and well-maintained properties.

To file a complaint with the Housing Ombudsman, tenants must first exhaust their landlord’s internal complaints procedure. This means that tenants must submit a formal complaint to their landlord and allow a reasonable amount of time for the landlord to respond. If the landlord fails to resolve the issue, tenants can then escalate the complaint to the Housing Ombudsman.

The Housing Ombudsman has the power to investigate complaints and to make recommendations to landlords to resolve the issue. The Housing Ombudsman can award compensation. However, it may be lower than what you would receive by pursuing your landlord through legal action.

Enforcement action cannot be taken against your landlord if they fail to comply with the Ombudsman’s decision.

Which Option is Right for You?

Whether to pursue a housing disrepair claim or file a complaint with the Housing Ombudsman depends on the individual circumstances of each case. If a tenant is seeking compensation for damages or financial losses incurred as a result of disrepair, then a disrepair claim may be the best option.

On the other hand, if a tenant is primarily seeking to resolve the issue and ensure that their landlord is meeting their legal obligations, then a complaint to the Housing Ombudsman may be more appropriate. The Ombudsman will only award compensation if they find evidence of maladministration.

Conclusion

Tenants have the right to live in safe and well-maintained properties, and landlords have a legal obligation to ensure that their properties are properly maintained. When landlords fail to meet their obligations, tenants have options available to them, including making a housing disrepair claim and/or filing a complaint with the Housing Ombudsman.

Tenants can raise a complaint with the Housing Ombudsman and make a housing disrepair claim.

By taking action, tenants can ensure that their rights are protected, and that their living conditions are improved.

At NJS Law we are housing disrepair claim experts, assisting tenants nationwide on a NO WIN NO FEE basis to compel their council or Housing Association to conduct crucial repairs to their properties, in addition to recovering compensation for the period of time repairs have been delayed.

Our team has decades of combined experience in dealing with Housing Disrepair Claims. We are sympathetic, understanding, and are here to help you every step of the way.

Contact us today to discuss your claim.

 

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Categories
Cosmetic Negligence

Collecting Relevant Evidence Is The Foundation Of A Strong Cosmetic Negligence Claim

Cosmetic surgical procedures, both invasive and non-invasive, are sought by many people of all ages nowadays and can help boost confidence, and generally help individuals feel good. However, they can and do go wrong, even in expert hands, and there is a large market of practitioners purporting to have the skills they don’t possess. Caution should be exercised in seeking out an appropriately qualified specialist, and it is quite reasonable to ask for evidence of qualifications and whether or not the practitioner is insured of carrying out his or her business.

When it comes to seeking justice and compensation for any negligent cosmetic surgery that has gone wrong, gathering detailed evidence forms the foundation of a strong legal case. So, let’s shed some light on the key aspects of collecting evidence to support your claim!

Document Everything: From the moment you suspect that something has gone awry with your cosmetic procedure, start documenting every detail. Keep a record of all communication with the cosmetic professional involved, including emails, text messages, and phone calls. Take note of dates, times, and the content of conversations. These records can provide valuable evidence to support your claim.

Preserve Medical Records: Medical records are vital pieces of evidence in any cosmetic negligence case. These records can reveal important details about the treatment, potential complications, and any deviations from standard practices.

Gather Photographs: A picture speaks a thousand words, and in a cosmetic negligence claim, photographs can be incredibly powerful evidence. Take clear and detailed photos of your appearance before the procedure, as well as photos showing any complications, injuries, or undesirable outcomes afterward. Make sure to include timestamps on the photos to establish a timeline.

Financial Documentation: Keep track of all expenses incurred as a result of cosmetic negligence, including medical bills, additional treatments or corrective procedures, prescription medications, and any other related costs. These financial records can demonstrate the extent of the harm caused and the impact it has had on your life.

Remember, collecting relevant evidence is the backbone of a strong cosmetic negligence claim. It demonstrates the extent of the harm caused, establishes the link between the negligence and your injuries, and helps you build a persuasive case. By following these steps and seeking professional advice, you can increase your chances of obtaining the justice and compensation you deserve.

If a mistake was made during your cosmetic surgery treatment, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.

Our team has decades of combined experience in dealing with Cosmetic Negligence Claims.

Our NJS Law Cosmetic Negligence Specialists are sympathetic, understanding, and can help you to a successful outcome.

We will normally be able to help you on a No Win No Fee Agreement basis and will explain what this means when we speak to you.

Please call us on 01625 667 263 to book your consultation with our experienced cosmetic negligence team.

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FAQ

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Categories
Birth Injury

The NHS Spends Double The Amount On Maternity Pay-Outs Compared To The Actual Cost Of Providing Care

Analysis reveals that the compensation expenses for mothers and their families due to harm caused by NHS maternity services surpasses more than twice the amount spent by the health service on such care annually.

As per the latest annual report by NHS Resolution, the entity responsible for managing litigation within the Department of Health and Social Care, the total cost of clinical negligence-related harm in the 2021-22 reporting period amounted to £13.6 billion. Among this, maternity claims accounted for 60% of the expenses, totalling £8.2 billion for the year. Confirming earlier findings, a board paper published in March disclosed that NHS England allocates £3 billion each year specifically for maternity and neonatal services.

The cost of harm is determined by the present value of the estimated expenses associated with claims expected or received during the financial year. This includes the projected lump sum owed for claims, future periodic payments, and legal costs.

“We spend more on the cost of harm, when we could be spending more on prevention,” said James Titcombe, a bereaved father and campaigner at the Baby Lifeline charity.”

“Analysis by the Times Health Commission, following independent research by the charity Baby Lifeline, found that there were more than 10,000 clinical negligence claims brought against the NHS in 2021-22, with a total value of over £6 billion. Of those claims, 12 per cent were for obstetrics, accounting for 62 per cent of the total value, or £3.74 billion.”

Litigation claims against the NHS often take years to settle, leaving the NHS with significant financial liabilities as claims add up over time.

“For the families affected, the last thing on their mind is litigation,” Titcombe said. “They want the organisation to learn and they want to heal. They don’t want to be dragged through legal processes that re-traumatise them for years and years.”

In 2021-22, the health service’s financial liabilities for obstetrics claims reached £41.5 billion — £36.8 billion of which was for claims of negligence causing cerebral palsy or brain damage.

The NHS said: “Over the last decade, the NHS has made improvements to maternity services in England — with many fewer stillbirths and neonatal deaths — but we know further extensive action is needed to improve the experiences of women and their families across the country.”

Clinical negligence in maternity services can be a life change and devastating.

Making a claim can give you a sense of justice and can help to drive process changes to try to avoid other people going through similar experiences.

Our NJS Law Medical Negligence Specialists are sympathetic, understanding, and are here to help you every step of the way.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email (medical@njslaw.co.uk) or phone at 01625 667 262.

*Source: Maternity payouts cost NHS twice the price of care itself (thetimes.co.uk)

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Categories
Serious Injury

Traumatic Brain Injury Claim: Know Your Rights and Seek Justice

Have you or a loved one recently experienced a traumatic brain injury (TBI) due to an accident or negligence? It’s crucial to understand your rights and take appropriate action to seek justice and compensation for the damages caused. Today, we clear up on the significance of traumatic brain injury claims and why it’s essential to pursue legal recourse.


Understanding Traumatic Brain Injury


Traumatic brain injuries occur when a severe blow or jolt to the head disrupts the normal functioning of the brain. They can result from various incidents such as motor vehicle accidents, falls, workplace accidents, sports-related injuries…. TBIs can have far-reaching consequences, affecting cognition, memory, behaviour, and overall quality of life.


After a TBI, it is crucial to receive immediate medical attention for evaluation, diagnosis, and stabilization. This may involve imaging tests, neurological assessments, and interventions to prevent further damage.


In the initial stages of recovery, individuals with severe TBIs may require specialized care in an acute care setting or inpatient rehabilitation facility: a multidisciplinary team of healthcare professionals, including physicians, neurologists, physical therapists, occupational therapists, speech therapists, and psychologists providing intensive care, therapy, and support.


For individuals with more severe or complex TBIs, long-term rehabilitation may be necessary. This can involve ongoing therapy, vocational rehabilitation, and support services to facilitate community reintegration and improve overall quality of life.


Every TBI is unique, and rehabilitation needs vary depending on the severity of the injury and the specific impairments experienced.


Available Support and Resources for Families


When a family member sustains a TBI, it can significantly affect the dynamics, roles, and emotional well-being of everyone involved. The impact can vary depending on the severity of the injury, the person’s pre-injury abilities, and the support network available. Some common challenges families face include:


1. Emotional and Psychological Impact: Families may experience a range of emotions such as shock, grief, anxiety, guilt, and frustration. Adjusting to the changes in their loved one’s personality, behavior, and cognitive abilities can be emotionally challenging.


2. Role Changes and Increased Responsibilities: The TBI may require family members to take on new roles and responsibilities, such as becoming a caregiver, managing medical appointments, coordinating therapies, and providing daily assistance with personal care, mobility, or communication.


3. Financial Strain: The costs associated with medical care, rehabilitation, and ongoing support services can place a significant financial burden on families. Additionally, the injured person may be unable to work, resulting in reduced income or the need for family members to leave their jobs to provide care.


It is essential for families to seek guidance from healthcare professionals, social workers, and support organizations specializing in TBI. They can provide personalized advice, connect families with appropriate resources, and offer ongoing support as the family navigates the challenges associated with TBI.


The Importance of Traumatic Brain Injury Claims


Filing a traumatic brain injury claim can help you or your loved one receive the support and compensation necessary to cope with the physical, emotional, and financial aftermath of such an injury. Compensation may cover medical expenses, ongoing rehabilitation and therapy costs, loss of income, pain and suffering, and diminished quality of life. By pursuing a claim, you not only seek financial indemnification but also hold the responsible parties accountable for their actions.


Time Limitations for Filing a Claim


It’s vital to understand that there are time limitations, known as statutes of limitations, for filing a traumatic brain injury claim. These limitations vary depending on the jurisdiction and the nature of the incident. Therefore, it’s crucial to consult with an experienced personal injury solicitor promptly to ensure you meet the necessary deadlines and don’t lose your right to seek compensation.


Seeking Legal Representation


When dealing with traumatic brain injury claims, it’s highly recommended to seek the guidance of a skilled personal injury lawyer who specializes in brain injury cases. A solicitor with expertise in this field will have in-depth knowledge of the legal complexities involved, access to medical experts, and the ability to gather crucial evidence to support your claim. They will advocate for your rights, negotiate with insurance companies, and fight for the maximum compensation you deserve.


Your Journey to Justice Begins Today


Remember, traumatic brain injuries can have a profound impact on your life and the lives of your loved ones. By initiating a traumatic brain injury claim, you are taking a powerful step towards obtaining justice, financial relief, and the necessary resources for your recovery and rehabilitation.


If you or a loved one you have suffered a traumatic brain injury, don’t wait any longer. Contact us today to discuss your case and explore your legal options. Your voice deserves to be heard, and you have the right to pursue compensation for the damages you’ve endured.


We do this by not only ensuring that you receive appropriate levels of compensation which will cover your future needs but also by arranging and coordinating treatment and rehabilitation which will help to improve your standard of living.


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


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

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

FAQ

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