Author: Mark Reynolds

Towards the end of 2015 new laws were put in place to protect those who fall victim to psychological or emotional abuse. This newly passed legislation will mean that if found guilty, psychological abusers will face either a large fine, up to five years in jail or both.

Before this change in legislation, there were no specific offences regarding domestic abuse, particularly regarding the criminalisation of controlling or coercive behaviours. Most domestic abuse cases are prosecuted under a number of offences ranging from common assault, to harassment, to threatening behaviour. The only issue is that victims would have to report any abuse within six months of it occurring. With the new legislation, victims now have up to two years to report the crime.

What is classed as ‘controlling and psychologically abusive’ behaviour?

• Financially abusing the individual
• Threatening to reveal or publish private information of the individual
• Isolating the individual from their friends or family
• Controlling their lives e.g. where they go, what they do, who they can see
• Regularly putting them down and making them feel worthless
• Enforcing rules which degrade and dehumanise the individual

When does this offence apply?

When these behaviours are repeated on an ongoing basis and the victim is suffering from them the offence will apply. Each case is considered on an individual basis but generally the courts will look for evidence of behavioural patterns rather than isolated incidents. There is also no set number of incidents of controlling or coercive behaviour that had to have occurred for a case to be proved.

This behaviour must have also had a serious effect on the victim. This ‘serious effect’ refers to the victim either fearing that violence will be used against them on at least two occasions or that they have been caused serious alarm or distress. It must also be calculated behaviour in that the abuser knows or should know that what they are doing will have a serious effect on the victim. Finally, the abuser and victim must have been personally connected during the incidents whether that be in a relationship or are family who live together.

When you or a loved one is involved in an accident it can be a very confusing and upsetting time. Often accidents can cause people to be unable to work or to even care for themselves properly. In these instances you may want to look at filing an accident claim in order to help get your life back to the way it was.

It is important to know that regardless of whether you were in the car or simply a pedestrian involved in the accident, you are within your rights to be compensated for any damages. Whether it be medical expenses, loss of income- present and future or any other expenses that have been as a result of the accident. It is impossible to say how much compensation you will receive until your circumstances have been fully analysed by a solicitor and all evidence for your claim has been compiled.

What to do after that accident

In order to have a strong case and receive the compensation you deserve, it is important you have as much documentation as possible. The following is a comprehensive list of all the documentation you will need to collect in the time following the accident.

• Copy of the police report as this may contain records of who in the police officers opinion was to blame for the accident.
• Photographs or Video footage of the vehicle and accident scene.
• Photographs or Video footage of any injuries you have sustained as a result of the accident.
• Any records of visiting your GP, emergency rooms, physical therapists after the accident and copies of any prescriptions. These will all need to be signed and dated to prove that the treatment received was in fact post-accident.
• An official letter from your employer that notes down and verifies any hours of work that you have lost as a result and the exact amount of income you have lost.
• Keep any records and receipts of services and costs that you have incurred as a result of the accident. This could include taxi services if you are unable to now drive, any cancellations and costs as a result, any child care services etc.
• You should also keep a diary of every day since the accident, this should detail your day and what has been difficult mentally, physically and emotionally as a result of your injuries. You should also write about any procedures or treatments you have had to go through and how they made your feel/any discomfort experienced.

Once you have collated all of the evidence it should be handed over to your solicitor who will work to compile it all into a case that will hopefully win your compensation. Once this is done, your solicitor will be able to give you a figure of what they feel you will receive in their professional opinion.

When an individual falls victim of a personal injury it can often be a worrying and uncertain time clouded by doubt of how to proceed with contacting a law firm to start the process of seeking compensation. If you or someone you know is currently in this position the following five key points will help you understand the steps that can now be taken to form a personal injury claim.

The first and most important step to take is to contact a law firm to seek advice as early on as possible. If you have suffered a personal injury as a result of medical malpractice, an accident that occurred at work or elsewhere, slipping and falling or even as a result of a product, it is important not to wait. The longer you decide to wait the less evidence you will be able to collect and the weaker your case becomes. It is also important that your first call is to a solicitor as taking matters into your own hands can often make things worse and isolate you in the matter. By seeking the years of experience and professionalism of a solicitor you will be able to decide how best to proceed in the situation.

It is also extremely important that you are completely honest with your solicitor when describing not only the details of what happened, but your medical past, any injuries you have sustained prior to the accident and any criminal history. Without all of this information your solicitor will be unable to make an accurate and fair judgement on where you would stand with your case. If you decide to not disclose everything to your solicitor, when it comes to later on in the proceedings whether it be in or out of court, the truth will surface and it can severely damage your case.

One of the key aspects of a personal injury case that often gets forgotten is being able to properly look after yourself. As soon as the accident occurs you should see a medical professional and from that moment follow all medical advice that is given to you. If there are any medications, check-ups, appointments, lab works, therapy or referrals of any type given you must follow through on all of them. Failing to adequately care for yourself can equally harm your claim as you may look as if you are trying to claim for a condition that has developed as a result of your own lack of care.

Depending on your situation, in some cases individuals will find that they are unknowingly being monitored by the defence. It isn’t uncommon for the defence to hire a professional private eye to watch, track and even record you if they have reason to believe you are lying about your injuries. If within your case you have stated that you are unable to carry out an activity such as walking or carrying any weight then you should not be doing/attempting any of these activities until advised to by your medical professional.

As with any case, privacy is key and whilst these days individuals have a tendency to post about their lives online for friends and family to know, it is not advisable. If the defence is able to get access to any of this information it could very easily harm your claim in numerous ways. Additionally, as with the last point, if they have hired someone to monitor you they are likely to be looking at your social media too so try to be as private as possible during this time.

 

Medical Negligence claims are based around two separate things; firstly that there was fault on the end of the healthcare professional in that they did not carry out their responsibilities correctly and secondly that there was avoidable harm in that as a result of this failure you are now in a position where you have been harmed. The ‘Fault’ refers to the idea that their duty as a medical professional has not been carried out and that you have not been treated or cared for in a way you expected. ‘Avoidable Harm’ which is often referred to as causation means that as opposed to any ailments of your own, the failed care has been the factor which has caused you harm.

As with most legal cases, there is a time constraint and with medical and clinical negligence cases you are allowed to file a claim within three years from the date of your injury or from the date where it became known that your injury/harm was as a result of the medical or clinical negligence. The earlier you begin taking steps to start a claim and contact a solicitor, the easier it will be for them to collect all the necessary evidence and investigate your case in its entirety. Some of the evidence such as memory is somewhat time sensitive as the longer you leave it without recording the details, the less reliable it becomes and the harder it become to present in a case.

In terms of preparing to make a claim, your appointed solicitor will want to understand every aspect of what has happened to you and the affect it has subsequently had on your life. If you have had to take time off work, have been unable to return to work, have been unable to have full mobility or even look after yourself, your solicitor will want to know. Once this is understood then they will be able to make sure that you are receiving all of the compensation you will need for the future. At this point they will then look to collect statements of the event, medical records as well as a wide range of evidential materials to aid your case.

Most of these cases are settled outside of court as in terms of medical negligence generally the medical company will want to keep it as quiet as possible. If however you find that you do have to go to court, we will be with you every step of the way to ensure that you are completely mentally prepared.

If you believe that you have been unfairly dismissed from your place of work it can be a very confusing and upsetting time. It is often very hard to know what to do in this situation but there are steps that you can take in order to make a complaint against your former employer for unfair dismissal.

There are many grounds within employment law on which you can build a case for unfair dismissal, the following list names just a few of the common reasons:

• Race
• Gender
• Sexuality
• Age
• Joining a trade union
• Trying to maintain your rights as an employee
• Asking for flexible working hours
• Needing time off for jury service
• Asking for maternity/paternity/adoption leave
• Whistleblowing
• Being forced to retire

If your reason for dismissal has not been listed here and you are unsure as to whether you have grounds on which to build a case, it is advisable that you contact a law firm or citizens advice for further information on employment law.

Once you are sure that you wish to go ahead with forming a complaint, the first step is to lodge an unfair dismissal appeal with your former employer. If you are part of any trade union you will be able to ask your work place representative for advice on the matter and ask them to be present in any meetings you might have with your employer, but doing this isn’t always necessary. Although in these cases it can be hard not to be angry and upset it is imperative that you calmly state the facts and remain professional throughout this time. It may often feel very awkward, especially if your place of work is a small business but it is best to try to resolve these complaints before any legal proceedings take place.

If this first step has been so far unsuccessful and you feel that it isn’t going anywhere you may want to consider mediation. Mediation is a step that is taken before any legal action and is still an informal discussion with the involved parties. In this situation a completely neutral third party is brought in to help observe and aid in discussing the dismissal dispute. If you are unable to find a suitable third party candidate, there are plenty of organisations in place to help with these kinds of disputes.

Finally, if the first two steps have failed and all communication has broken down between you and your employer it may be time to contact a solicitor to help with proceedings. In doing so you will have access to professional legal advice and the steps that can now be taken if you wish to take your former employer to court in an employment tribunal. Tribunals have the power to provide both compensation and reinstatement at your job if they find your employer to be guilty. If your employer is also guilty of more serious discriminatory dismissal your solicitor will advise you on additional claims that can be made.

As with any legal case, there is a time restriction and if you wish to file for unfair dismissal it must be done within three months from being dismissed.

If you live in a rented property, your landlord has a duty of care to ensure your home is safe to live in. This includes dealing with damp and mould problems that can have a serious effect on your health.

Here’s a look at the health risks of damp and mould, and what to do to make a personal injury claim if your health has suffered as a direct result.

Causes of Damp and Mould

Damp is caused by the build-up of excess moisture settling on cold surfaces. Condensation damp is due to lack of ventilation and inadequate heating in winter. Damp can also be caused by leaking pipes, rising damp from basement areas, and damage to roof and window structures. This can result in mould growth, which appears on surfaces and even furniture.

Health Risks

Mould produces toxic allergens that are extremely harmful if you’re exposed over a period of time. Those most at risk are the elderly, and babies and children. Mould exposure can cause skin allergies such as eczema and respiratory problems such as asthma and bronchitis.

Agricultural workers can also develop respiratory problems known as ‘farmer’s lung’ due to exposure to mould spores found in grain, animal feed and straw.

Who’s Responsible?

If mould is due to poor living or working conditions, your landlord or employer must be notified to be deemed responsible. Only if they refuse to act on the problem, will you be entitled to take legal action.

Legal Action

To pursue a personal injury claim, you’ll need to present evidence that your landlord or employer is responsible and has failed to act on the problem. You’ll also need medical reports stating that your illness is a direct result of the damp and mould conditions.

Call Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee personal injury advisors.

Across the UK every single day motorists find themselves in traffic collision that they never dreamt would happen and as a result they have no idea what to do. The laws on what to do in these situations can be quite strict especially with time restrictions if you wish to make a claim. If you don’t follow the correct procedures your claim may not be possible so it is important to be fully aware of all the legal aspects of your accident.

Depending on the circumstances of the accident it is not always clear who exactly is responsible. In these situations there can be complications as either the other driver may not want to admit fault or may be advised by their insurance company not to do so. In order to avoid this it is important not to try to force anything that might cause arguments in an already tense situation, but to collect evidence. This may include a written account of what just happened, photographs of the cars, including their positions and any damage done as well as collecting the contact details of eyewitnesses. Once you have this evidence, you are able to refer back to it later if you choose to file an accident claim.

Sometimes people feel unclear on whether or not they need to stop when they are involved in a traffic accident, however if any of the following occur it’s important to do so;

• If either vehicle or the property of another person is damaged in the process
• If any animals either in a vehicle or on the road were injured or killed
• If any part of the road and surrounding area was damaged
• If anyone including yourself has been injured

If any of these things have happened and you do need to stop, it is important that you stay with your vehicle until you have been able to swap contact and insurance information. If you were unable to leave your details with the police at the time of the accident, you must within 24 hours, call your local police station and report what happened. As well as this you must also tell your insurance company, preferably within the same time period. It is imperative to always inform your insurance company whenever there is any damage to your vehicle but even more so when you plan to file an accident claim. Any discrepancies in this area can ultimately invalidate your claim in the long term which is why following these steps is so important.

Once you’ve have made sure that each and every one of these things has been done and you have followed the correct procedures can you begin to make an accident claim.

Call Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee personal injury advisors.

Many people forget or don’t bother making a will. Some even choose to avoid the issue considering it too morbid, especially if they are young, fit and healthy.

However, family relationships can be complicated and the absence of a will means that others may benefit from your death no matter what your personal wishes.

If you die without leaving a will you will be intestate. This means the law will decide who gets what. If you haven’t made a will, the following implications may surprise you.

Nearest and Dearest

If you are married and have no children, your spouse is entitled to everything. If you have children and your estate is worth more than £250,000, your spouse will inherit that sum and 50% of the rest. The remaining sum will be divided equally between your children, which they can access once they turn 18. Stepchildren who are not legally adopted by you have no claim to your estate.

Unmarried Partners

Unmarried partners will have no automatic right to inherit, no matter how many years you have been together.

Separation

Many couples separate, but don’t divorce. If you’re separated and have no children, your estranged spouse will inherit everything.

Out of the Woodwork

It’s a cliché, but it’s true… when money and property is involved, many relatives come crawling out of the woodwork. Without a will, even a distant relative can make a valid claim to your estate if they can prove a biological connection.

Friends and Carers

If you have no surviving relatives you may want to leave your estate to a friend or carer. With no will, they won’t be able to claim anything. The Crown will get everything.

Whether you want to write a Will or deal with the affairs of a loved one that has passed away, Mark Reynolds Solicitors are here to help. Contact Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee Wills & Probate advisors.

If you have been involved in a car accident which wasn’t your fault you may be entitled to making a compensation claim. It is a common misconception that you can only make a claim if you were driving the car whereas in reality you have the right to do so if you were a passenger or even a pedestrian hit by the car. You have the right to be compensated for any lost income, medical expenses, income that you may lose in the future as a result of your injury or any other expenses that relate to the accident.

The amount of compensation you will be able to claim will vary depending on what injuries you have and your circumstance. In order to ensure you have the strongest case possible there are a few things that it is advised you do immediately after the accident.

• Getting an official record of the accident is the first step to take. The best way to do this is by contacting the police the moment the accident occurs. This is a step that people often overlook if there is no immediate damage to themselves or their vehicle but it is extremely important. In doing so you will have access to a police report which will contain all the important details you will need when filing your claim.

• As well as the police writing a report on what happened, you should also write your own account as soon as possible. This should include as much detail as possible and if necessary photographs of damage to the car and any injuries sustained. Any documentation that occurs as a result of the accident should also be kept; this may consist of medical bills, prescriptions, doctor/hospital appointments. Travel costs and costs of any help you have had to hire to look after those in your care such as babysitters will also fall into this category. If as a result the injuries sustained have caused you other financial issues in your life, these should also be recorded. Some people have to take time off work causing them to lose money or impact their future wages if the injury is long term. Any time taken off work because of this should be verified with a signed document from your employer. These should all be signed and dated so they can be used as evidence.

• Finally, just keeping a daily diary of how your physical, mental and emotional wellbeing is impacted by your injuries is important. Often it is important for people to see and understand how much your life has been impacted so that your case can be strengthened, ensuring a quicker result.

Call Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee personal injury advisors.