care home fees

Warnings Over Trust Schemes That ‘Protect’ Your Property to Avoid Paying For Care

Nursing home costs can be incredibly expensive. In fact, the average cost for residential care in the UK is £32,344 a year rising to over £44,512 a year with nursing care. The costs can be substantial and can place a heavy burden on families. Often, people have no choice but to sell their homes to cover the costs.

Means-tested equations are used to assess an individual’s assets to determine the amount they should contribute to their care. The cap is set at £23,000 for the tax year, but it also means that property owners will be responsible to pay for their own care if they exceed the amount.

Many are increasingly turning to schemes that place their homes into a trust. Setting up trust schemes can cost thousands of pounds. The idea is to transfer a property into a trust so it can’t be used to fund care costs and to keep assets intentionally low. Such schemes are tempting as it means potentially saving thousands on care costs. But experts warn that their effectiveness cannot be guaranteed. It’s also against the law to transfer property specifically to avoid paying for care fees.

What You Can Do

Rather than participate in risky schemes, here are some options to pay for care costs:

NHS Continuing Care: Those who require long-term care may qualify for funding by the NHS. Eligibility is determined by assessed needs and not on a particular diagnosis. If at least one priority is determined in a health category (e.g. breathing, mobility, cognition, etc.) then you are likely eligible to receive NHS continuing healthcare. You’ll be notified within 28 days of the initial assessment.

Care annuity: Another option to pay for long-term care is to consider care annuities. An annuity is a type of insurance policy that guarantees a fixed income at regular intervals for care costs. How much you receive depends on various factors including your age, health, and the amount you paid towards the annuity. We strongly recommend speaking with a financial adviser if you are considering this option.

To find out more about planning for care home fees, contact Mark Reynolds Solicitors today.

traumatic brain injury

How Long Do Traumatic Brain Injuries Last?

A traumatic brain injury or TBI is an injury to the brain caused by external force to the head. Typical causes include physical assault, vehicle accidents, and falls. The Glasgow Coma Scale (GCS) runs from 3 to 15, and is used to classify TBI according to its severity: mild, moderate or severe. Individuals with mild forms of TBI have a 13 to 15 rating while those in a comatose state are given a 3.

Any injury to the brain can result in temporary or permanent neurological damage. Symptoms of a brain injury can include the following depending on its severity:

  • Memory loss or concentration problems
  • Difficulties speaking or understanding
  • Feelings of constant fatigue or drowsiness
  • Sudden loss of consciousness
  • Loss of fine motor skills
  • Inability to recognise objects
  • Blurred or loss of vision

Recovery and rehabilitation are both possible but the effects can be long lasting, even for moderate cases. The question then is how long do traumatic brain injuries last?

Length of Recovery

Determining the length of recovery for a traumatic brain injury is difficult for a number of reasons. The type of injury sustained, the quality and timing of treatment received, and the overall health and age of the individual all affect the recovery process. It’s understandable for family members to want a precise timeframe on when a loved one can recover, but each case varies from person to person.

Rehabilitation programs are tailored around the individual with the goal to improve losses in any physical or cognitive abilities. Improvements typically occur in the first six months after an injury is sustained. More severe cases can take even longer – two years or more – to see any improvements. The good news is that most people who have received medical care and inpatient rehabilitation services show decreases in disability after two years following a brain injury.

If a loved one has suffered a traumatic head injury, Mark Reynolds personal injury solicitors can help determine if you have a claim to compensation. Get in touch with our team today.

medical negligence eye surgery

How to Make a Loss of Sight Claim

A sudden injury that causes loss of sight can have a devastating impact. Even partial vision loss can be distressing, as it potentially means being unable to work. Common causes of temporary or permanent loss of sight include physical trauma, workplace accidents, and medical negligence.

If you or someone you know suffers from vision impairment due to the negligence of another party, they could be held liable. Here’s what you need to know to make a loss of sight claim, including how long you have to make a claim, the amount you could expect, and how to get started.

How Long Do You Have to Make a Claim?

There is a three-year statute of limitations period for personal injury cases. That means you have up to three years to file a case whether your condition was due an injury or workplace accident. Children who suffer vision loss as a result of negligence can make a claim up to the age of 21.

It takes time to build a case, so the sooner you contact our solicitors the better.

How Much Compensation Can You Claim?

The amount you can claim depends on factors such as the cause and extent of the injury. The Judicial College provides a range of compensation claims for certain types of injuries including loss of sight. These guidelines are frequently used when estimating how much you could claim.

  • Severe injury leading to total blindness: Up to £297,000
  • Total loss of sight in one eye: £40,300 – £48,200
  • Minor eye injuries: £2,900 – £6,400
  • Temporary loss of sight eye injuries: £1,620 – £2,900

Mark Reynolds Solicitors can help you get a more accurate estimate and maximise your compensation.

How to Make a Loss of Sight Compensation Claim

Have you or someone you know suffered an injury that led to loss of sight? Whether the damage is mild or severe, you may be entitled to compensation. Mark Reynolds Solicitors can help you build a case and make a loss of sight claim. Call us today on 0800 002 9577 or fill out the form on this page and we’ll be in touch shortly.

medical negligence eye surgery

Case Report – Negligence Arising Out of Eye Surgery

We recently concluded a successful settlement for a lady who suffered significant damage to her vision as a result of negligence during an operation on her eye.

Our client had unfortunately suffered detached retinas in both eyes in quick succession. She underwent non-negligent surgery in her left eye but there was a negligent complication with the right eye which resulted in permanent damage to the optic nerve. She was left with significantly impaired vision in her right eye.

As a result of her visual impairment, our client had to give up her job and has lost the majority of her independence. This has caused her significant and permanent financial losses and expenses.

Our client had previously instructed another firm of solicitors to deal with the claim but became dissatisfied with their level of service and a lack of progress with the case. She then approached Mark Reynolds Solicitors and we agreed to take over the case.

In order to progress and succeed with the claim, it was necessary to commission eight formal reports and statements from expert witnesses. A Consultant Ophthalmologist was required to consider and report on the negligent surgery, the physical injury caused to our client’s eye and the prognosis for the future; a Consultant Psychologist reported on the psychological impact that the injury had on our client;  and a Care and Occupational Therapist reported on the day to day impact the disablement had on our client, including the need for aids, adaptations and care.

Having obtained all of the required expert evidence we were then able to negotiate an out of court settlement for a figure just over £375,000.

Dominic Jones, the solicitor running the case, said the following after the case was settled: “Tragically, a very straightforward surgical error led to a permanent eye injury for our client. Her life has been changed forever and she has also incurred significant past and future expenses as a result of the injury. Getting to a point where we could negotiate the settlement was very complicated, with numerous experts involved and a very wide range of financial losses to consider and quantify. Having built up the evidence to be as strong as possible, we were then able to get the case settled out of court without the need to attend an anxious and unpredictable trial.”

Our client made the following comments: “I was very impressed with the personalised service that I was provided. The solicitors arranged appointments at various places to suit me, including at my home. I was provided with detailed advice throughout the claim. I would definitely use Mark Reynolds Solicitors in the future and would be happy to recommend them to friends and family.”

Negligence related to eye treatments or surgery is just one area of claim that we can deal with. If you think that you have been a victim of medical negligence please call our team for a free, no obligation consultation on 0800 002 9577

medical negligence claims

How to Prove Medical Negligence

In order to prove Medical Negligence has occurred, it is the responsibility of the claimant to provide evidence. This evidence must demonstrate that the duty of care has been breached and as a result, the patient has suffered injuries whether they be physical or mental. It is, however, important to note that the treatment received not being successful or not working in the way the patient hoped does not constitute as Medical Negligence. There is also a misconception that if you believe someone did something wrong during your treatment you are able to put forth a claim but again, you can only do so if harm was caused.

In order to have a successful claim you will need to provide proof of a number of occurrences during your treatment:

  • The duty of care was breached.
  • This breach of duty of care has subsequently caused harm to the claimant.
  • As a result of the harm caused, the claimant has lost out on earnings and experienced other losses, financial or otherwise.
  • Finally, the claimant must prove that the healthcare professional treating them owed a duty of care to not cause any injury.

During this process, many claimants find that the most difficult area to navigate is providing evidence that harm has occurred due to negligence and not as a result of an underlying condition. This is particularly difficult when the injury pertains to mental health and the claimant has suffered from such problems in the past.

As part of the process, there will be an investigation using two specific tests; the Bolitho Test and the Bolam Test. Each of these will use other practitioners in the field to conclude if given the same set of circumstances would they have done anything different that could have avoided the patient coming to harm.

When looking to put forth a medical negligence claim you will need to allow your solicitor to have access to your full medical record. From here they will check over every detail to ensure you have everything you need for a successful claim as well as bringing in an independent medical expert to help compile a report.

Contact Us

To find out more about making a medical negligence claim, contact Mark Reynold Solicitors today. You can reach us by calling 01928 560022 or using the form on the website.

5 Reasons You Can Sue Your Dentist

Dental treatment rarely goes wrong, but if you are a victim of negligence and wish to take action against your dentist, Mark Reynolds can provide all the legal support that you are looking for. Let’s take a look at some of the most common reasons for suing dental professionals right now.

  1. Erratic or incorrect treatments

If a procedure has been carried out incorrectly, we can help. We have dealt with many cases involving unnecessary and incorrect tooth removal and can help you achieve justice following poor-quality treatment.

  1. The wrong prescriptions

Many people see no option other than taking action after becoming victims of dosage errors, unnecessary prescriptions and prescriptions of drugs you are known to have an allergy to. You may have been given medication that conflicted with drugs you were already taken. In any case, help is available.

  1. Diagnosis failure

If a dentist fails to diagnose a specific condition, you may be forced to undergo more treatment than would otherwise be required. Disorders that may be missed can include tooth decay and gum disease. If it is likely that a body of medical professionals would have been able to diagnose your disorder but failed to do so, you may be able to take legal action.

  1. Substandard training of staff

Many people take action because mistakes were made by staff the company failed to train to an acceptable standard. When staff haven’t received quality training, they are far more likely to make mistakes that could have been avoided.

  1. Unnecessary procedures

If work has been carried out that you didn’t ask for and weren’t aware that you were going to receive, you may be able to receive compensation.

To find out more about making a claim against a dentist, contact Mark Reynolds Solicitors today. You can reach us by calling 01928 560022 or using the form on the website.

why you need to write a will

Why You NEED to Write a Will

It’s always difficult to think about death, especially your own. But unfortunately, it’s one of the only things in life (as well as taxes) that’s guaranteed. It’s your will that tells your loved ones what should happen with your money, possessions and property when you die. If you haven’t left a will, it’s up to the law to decide what happens with your possessions. And this may not align with your wishes.

Four Reasons Why You Need a Will

Here are just four of the many reasons you should think about writing a will.

  1. There’ll be less burden on your family and friends to sort everything out when you die, as you’ll already have made those decisions. Without a will, the process is going to be a lot more stressful and time consuming for them.
  2. If you don’t have a will, then the law will decide how everything you own will be distributed. This process may result in a different outcome than you would like.
  3. If you want to reduce the amount of inheritance tax that may be payable based on the value of the property and money you leave behind, then a will can do that for you.
  4. It’s especially important to write a will if you have children or other family who are dependent on you financially. Likewise, if you wish to leave something for someone outside of your immediate family, such as an unmarried partner, you need to write a will.

Need Help Writing Your Will?

It’s very important to write your will correctly otherwise you risk it being invalid, which means you’ll lose the benefits of writing one. Mark Reynolds Solicitors offers advice on will writing and will guide you through the process to ensure that your will is written exactly how you want and is legally binding.

catastrophic injury solicitors

How to Claim for Catastrophic Injuries

Catastrophic injuries can have a devastating effect on you and your family, causing a lot of pain and suffering. It’s, therefore, your right to claim for compensation for any trauma you’re going through. Read on to find out how to claim for catastrophic injuries.

What Defines a Catastrophic Injury?

Any serious, life-changing injury resulting in permanent disability, long-term medical problems or a reduced life expectancy is generally classed as a catastrophic injury.

Different Types of Catastrophic Injuries

  • Brain/head injury
  • Severe burns
  • Amputations
  • Spinal cord injury
  • Paralysis
  • Multiple fractures

Are You Eligible to Make a Claim?

If the serious injuries you have are as a direct result of the negligence of a third party, then you have the right to make a compensation claim.

How to Make a Claim for Serious Injuries

Call Mark Reynolds’ no-win, no-fee serious injury solicitors for a free consultation to discuss your serious or catastrophic injury on Freephone 0800 002 9577. Alternatively, visit our contact page.

We will arrange to visit you in your own home or at the hospital to give you and your family thorough advice and guidance.

Our specialist team of expert solicitors will work with you on a no-win, no-fee basis to help you obtain the highest level of compensation for you and your family, to ensure you recover the best you possibly can, and live the rest of your life to the fullest after such a serious injury.

How Long Do I Have to Make a Claim?

From the date you suffered your accident, or in special cases when you first became aware of your injuries, you have 3 years to make a claim for a serious injury.

If you’re a close relative wishing to bring a claim of compensation for a loved one who has passed away, the time limit is 3 years from the date your relative passed away.

Mark Reynolds Solicitors are here to help you make a compensation claim for catastrophic injuries. Contact us today to discuss your claim.

psychological claims

Psychological Injuries in Clinical Negligence

Investigating potential psychological injuries forms part of our investigations into medical negligence claims. That may seem unusual and of course, not all of our clients will have experienced psychological injuries. However, it is something that we need to consider when we look at the injury our client has suffered.

The focus is usually on the physical injury.  These are the injuries that most people can identify easily- they can usually see these injuries and they can feel the pain from these injuries. With psychological injuries, it’s not quite as obvious. Sometimes it’s brushed away or not addressed because it’s difficult to talk about. Some people also view a psychological injury as a weakness or something they are ashamed but this should not be the case.

Medical negligence claims are emotive. Our client has been failed by their medical professional, a professional that they trusted. When this treatment involves sensitive issues such as a delay in diagnosis of cancer, an injury to a child or a death, it’s easy to see how that may have had an emotional impact on the individual. Similarly, if our client has been left with an injury that affects them every day, it’s not unexpected that they will feel down or upset.

Psychological injuries manifest in different ways. For some people, they may become upset when they think about the events or triggers that remind them of it. Other people suffer from flashbacks and nightmares. Some clients become anxious and fearful of attending hospital or the dentist. Alternatively, clients may avoid going out or socialising. This is not an exhaustive list of symptoms but an example of how an event can impact you.

Some of our clients may have had a formal diagnosis of their psychological injury by a doctor. On other occasions, our clients have not sought help or perhaps they haven’t realised the extent of it yet. Examples of psychological injuries can include; anxiety, depression, adjustment disorders or Post Traumatic Stress Disorder.

Here at Mark Reynolds, we take the time to get to know our medical negligence clients. We spend time discussing the impact that the events have had on you and how you feel it has affected you. We listen to you. If we feel that you may have suffered psychological harm as a result of your poor treatment, we will investigate this thoroughly.

If you would like to discuss a potential claim with us, please contact us on 01925 418004 to talk to one of our specialist clinical negligence solicitors.

industrial disease

What Counts As An Industrial Disease Claim?

At Mark Reynolds, we have been helping clients obtain industrial disease compensation for many years. Employers across all industries have a duty of care to their employees and face penalties if they fail to comply with this. We are able to offer the highest standard of representation and are able to provide legal assistance in various areas related to industrial disease, including asbestos, carpal tunnel syndrome, tinnitus, vibration white finger, mesothelioma, industrial disease claims and many more.

How Compensation Can Help

The compensation that you receive can help you pay for any changes you have been forced to make to your life as a result of suffering from an industrial disease. It can also offset at least some of your pain and suffering. Many industrial diseases occur after individuals are exposed to dangerous substances or unsafe working practices over a long period of time. In order for an industrial disease claim to be a success, we need to carry out a thorough investigation of your working history.

A Passion for Justice

A large number of claimants remain unaware that their illness is related to their working history for many years. However, if you do suspect that your condition is linked to work that you have carried out in the past, we can help. We are passionate about delivering justice for our clients and we always aim to obtain the maximum amount of compensation for your illness.

A Duty of Care

Your employer’s duty of care means that they need to provide you with personal protective equipment when necessary, must provide breaks from working in the same environment or on the same tasks and must offer sufficient training to ensure you are competent enough to do your job efficiently and safely. If you contract an industrial disease because they failed in their duty of care, there’s a very big chance we will be able to bring them to account and provide you with justice.

Swifter Resolution

We also aim to reach a conclusion in the shortest time-frame possible, so you can get the compensation you need and put the legal action behind you. Some workplace illnesses are a direct result of working in certain environments, whilst other conditions have been worsened because of them. Some industrial disease cases can be very complex, but we have the experience, expertise and determination needed to see them through.

A No Win, No Fee Service

The level of compensation that you receive will depend on a range of factors, such as the severity of your suffering and how much your quality of life has been affected. We work on a no win, no fee basis to take the risk out of making a claim and offer a bespoke service which means your specific needs and circumstances are always addressed when we help you. Why not get in touch today if you wish to find out more about making an industrial disease claim with Mark Reynolds? Call us today on 0800 002 9577 or complete the form on our site.