Category: News

It’s generally accepted that the UK health system is one of the best around. Thousands of people are successfully treated every day for all kinds of ailments, and accidents are mercifully rare. However, there are still hundreds of avoidable mistakes made each year. So what do you need to know about making a claim?

1. Know What Negligence Means

Negligence can be defined broadly as a mistake made by a professional that should not have occurred within the scope of the individual’s experience and specialism. In other words, the clinician has been negligent if a patient suffers injury or death due to them doing something they shouldn’t have done, or not doing something they should’ve done. If this occurs, the patient may be due compensation. However, remember that not all mistakes are considered negligent, and bad results are not always due to mistakes.

2. Understand the Concept of Clinical Negligence

Clinical negligence is one of the most complex areas of UK personal injury law. It’s called clinical negligence because it covers a range of areas that go beyond the health service environment. So while it applies to work done by doctors and nurses, it also applies to psychologists, dentists, and more besides. It can cover mistakes as diverse as misdiagnosis, failure to refer to a specialist, or failure to treat a patient quickly enough. Such claims are highly technical involving extensive investigative processes, which can take a considerable time to accomplish.

3. Be Able to Prove Your Claim

In the case of clinical negligence, it’s the duty of the claimant to prove that clinical negligence has occurred. You need to establish liability by proving that the clinician concerned acted in a way that a competent practitioner should not have done. You will also have to show that this breach of duty by your clinician was wholly responsible for the injury you suffered. Of course, this requires you to have expert medical witnesses who are they practitioners operating in a similar area. These will need to be found and persuaded to give evidence against a colleague.

4. There Are Different Categories of Claim

General damages can be claimed under clinical negligence for pain or suffering sustained by the claimant, but beyond that any losses would be considered specialist damages. These can include such things as loss of earnings, medical costs, specialist care provision, or mobility adaptations. The process of making a claim can be long drawn out and emotionally draining, so specialist legal advice is a necessity to secure the compensation you need to support you in the future.

5. You Need a Professional

Needless to say a clinical negligence claim is a far from straightforward business. The solicitor involved will themselves need to have considerable specialist knowledge, and will usually practise exclusively in this area.

At Mark Reynolds Solicitors we have extensive experience of handling clinical negligence claims, so you can be safe in the knowledge that our solicitors have the highest standard of training to undertake such claims. Contact us for advice or assistance in your clinical negligence claim.

Before you make a personal injury claim it is important you understand what is involved and under what circumstance you are entitled to make such a claim. There are a few questions that are very important that are answered before you go ahead with filing a claim.

The first and most important question people tend to ask is whether or not they are entitled to making a personal injury compensation claim. If you have been injured in any way or have contracted a disease or illness because of another person’s negligent behaviour then yes, you are entitled.

Once you are aware of this, the next question is how long will you have to make your claim? Currently UK laws give you a time frame of 3 years from the date the accident occurred or if you have contracted a disease, the day from which it was realised that this was affecting your life. There are however circumstances where you can have longer such as being a child at the time of the accident.

After figuring out if you are now eligible and within the correct time frame you my start to wonder how much compensation you are likely to receive. Most people like to know in order to work out if it will cost them more time, money and effort than it is actually worth. However, it is unfortunately extremely difficult to predict how much compensation you will receive until all the facts surrounding the accident have be collected. Each case is unique and compensation is rewarded on an individual basis. If you want to have a ball park figure of what you would be looking at, you should sit down with your solicitor and assess the claim in more depth so that they could perhaps provide a figure.

Most people also want to know whether or not they will have to attend court in order to make their claim. In most situations this is not necessary as it just adds further stress and legal costs to those involved (although these costs are always payable to the one responsible for the injury). Often you will find that insurance companies who have to pay out would rather settle outside of court to avoid all the extra costs. In extreme situations where the dispute cannot be settled, you may have to go into court but your solicitor will talk you through everything so it is as stress free as possible. Get started making a claim by filling out our contact form.

Nobody ever thinks they will be involved in an accident until it happens. Not knowing what to do after it happens can make an already stressful and upsetting time even worse. With this in mind, it is important that you are aware of the steps to take if you need to proceed with making a personal injury claim.

Firstly you must be aware that a claim can only be filed if the accident was not your fault. This may sound obvious but often people may fail to realise when they have been at fault for their own injury so it is important to make this initial distinction.

If you do wish to file a claim you must be aware that the sooner you make the claim, the more successful you are likely to be. Some evidence that will be used in cases is time sensitive such as memories and eye witness accounts. The sooner these are compiled by yourself and your solicitor, the stronger your case will be.

It is also important to know that a claim can only be filed if an injury has been sustained as a result of the accident. The injury would have needed to require medical attention and subsequently would have been recorded by medical professionals. These medical documents will be one of the pillars of your case so it is an important step.

As with any claim, personal injury claims must be filed within three years of the date the accident occurred or three years from the date where it was realised that your health had been affected as a result. This rule applies in all cases except from when it is in the case of a child or some industrial cases.

Most people are often reluctant to even think about approaching a law firm and filing a claim because of the money that could be involved. However, it is likely that you have heard the phrase ‘no win, no fee’ which means that your claim will be financed solely by this agreement. If your claim is lost you won’t need to pay a penny and if you win then the fee is settled via of a percentage of that money.

It is difficult to initially have an idea of the amount of compensation you will receive. The majority of people think that you could look at someone who sustained the same injury and filed a claim but it is not that simple. These cases and the compensation are based on the individuals circumstances so can vary greatly. One person may have recovered in weeks and was able to go back to work whereas another may never fully heal and be unable to continue working as a result. It is only once your solicitor has compiled all of the evidence and details of the case that they could give you an estimation from their professional opinion.

Now that you have the relevant information surrounding personal injury claims you can decide whether or not you feel it is within your best interest to file a claim.

Many personal injuries can result in psychological damage that can sometimes last longer than physical injury.

When making a personal injury claim, you may also be eligible to claim compensation for emotional stress and mental anguish directly caused by the negligence or maliciously wilful act of others.  Psychological damage can include post-traumatic stress, neurological problems, epilepsy and psychiatric damage.

However, psychological personal injury claims can be more difficult to prove than a physical injury claim.

Here’s a look at the types of psychological personal injuries and what you need to know before pursuing a claim.

Factors

In a personal injury claim process, the following factors will be considered:

• The impact on your ability to cope in your day-to-day life, both at home and work
• How your relationships with friends, family and colleagues have been affected
• Treatment you’re receiving for your condition
• Medical prognosis
• What medical advice has been sought.

Evidence

Hard evidence is needed to pursue a psychological damages claim. These can include:

• Doctors’ reports
• Personal journals on the progression of your condition
• Medication you are taking for the condition
• Supporting testimonies from friends and family.

If your case is successful, the amount of compensation granted will depend on the severity of the damage.

Examples

The most common examples of psychological damage claims are:

• Road traffic accidents – resulting in post-traumatic stress, chronic pain that can lead to depression, neurological problems.
• Child abuse – adults who suffered abuse as a child can claim compensation from abusers and also local authorities that failed in their duty of care.
• Workplace – clinical depression as the direct result of work-related stress ranging from overwhelming workloads and poor working conditions to bullying and harassment, and negligence of the employer to provide a duty of care.

For more information on personal injury claims, contact Mark Reynolds Solicitors today.

Disabled workers, with the right skills and qualifications, not only have the right to work, but are protected under the Equality Act of 2010. It’s illegal for an employer to discriminate against an employee because of their disability.

As a disabled employee, you need to be aware of employment law and your rights in the workplace. Here’s a brief guide to help you understand the duty of care that your employer is obliged to comply with.

Treatment

You have the right to be treated as favourably as able-bodied colleagues. Your disability cannot be used as an excuse to impede you from carrying out the same duties or applying for promotions.

If your employer makes a decision regarding your employment that you consider is unfavourable, then they must reasonably justify it.

If you are the carer of a disabled person such as a child or partner, you must not be treated unfavourably or discriminated against because of this.

An employer may not treat you unfavourably because they assume you may have a particular disability. For example: an HIV-positive employee should not be treated differently because their employer no longer thinks they are capable of doing their job.

Reasonable Adjustments

The Equality Act also states that an employer must make reasonable adjustments within the workplace so that a disabled employee can work without impediment. An employer will receive financial support so a disabled employee should never be asked to pay for necessary adjustments.

Physical adjustments may consist of ramps, stairlifts, wider doorways and adequate toilet facilities. Other adjustments may include flexible working hours, modification of equipment, extra training and extra breaks.

If provisions aren’t made, an employer can be found negligent in their duty of care, and also face unlawful discrimination charges.

For more information on employment law and disability rights, contact Mark Reynolds Solicitors today.

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.

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.