Category: News

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.

Employment law can be confusing, however, there are many aspects of employment law that you should be aware of in order to protect yourself if things go wrong. Employers have a duty of care to employees and there are certain rules that they are required to abide by. There has been significant reform in this area and subsequently there are elements of the law that you should acquaint yourselves with:

1. The National Living Wage: the introduction of the national living wage is an important and significant step in ensuring that you are, at the very least, receiving the minimum wage as set out by the government. If you are over 25, you have a right to receive the national living wage and your employer is not allowed to avoid this payment by outsourcing your work to someone who is under the age of 25. Seek advice if you are over 25 and are not being paid the national living wage.
2. Holiday Pay: If you are employed, you are entitled to paid holiday, regardless of whether you are in full or part time employment. Your holiday entitlement does depend on how many days you work so if you work a full five-day week, you have a right to 28 days’ holiday per year.   Check your holiday entitlement and make sure you are receiving the correct, paid number of days.
3. Maternity Leave: You can take up to a year’s maternity leave and it doesn’t matter how long you have worked for your employer to get this. People who work zero-hours contracts, casual and agency workers, are classed as ‘workers’ and are not entitled to maternity leave. If you are entitled to maternity leave and have been refused this by your employer, seek advice. You are entitled to it if you are currently working or if you have recently left employment.
4. Maternity Pay; There are different types of maternity pay which range from statutory payments, to a maternity allowance. The minimum that your employer can offer you from a legal perspective is statutory maternity pay.
5. Paternity Pay: Every new father is entitled to up to two weeks’ paternity leave. There are certain criteria that you need to meet in order to receive this entitlement including working for your employer for at least 26 weeks.

If you are unsure what you’re entitled to, please contact us now. Employment law is there to protect you so make sure you know your legal rights. Are you dealing with an employment law issue at your place of work? Call Mark Reynolds Solicitors on 0800 002 9577 today to speak to our employment law advisors.

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.

An employment contract is an official agreement between parties (an employer and an employee) to carry out a service and also to receive agreed payment for that service. Failure to follow this agreement can result in ‘breach of contract’.

If a contract is breached in any way by either party, the first step is to try and work things out informally or through mediation. However, in certain cases, if an agreement cannot be reached, an employee may be entitled to compensation if they have made any financial losses due to the breach.

Here’s a look at some examples of breach of contract and the general terms that are covered in an employment contract.

Types Of Breach

It’s possible to claim compensation for various types of breach of contract. These can include:

• Being dismissed without the correct amount of notice and non-payment in lieu of notice. Usually notice is 4 weeks. Equally, an employee cannot seek compensation if they decide to leave before notice is worked.
• Non-payment of holiday pay
• Non-payment of sick pay
• Non-payment of travel expenses

Work Conditions And Duties

Compensation can also be claimed if work conditions and duties set out in the contract are changed unreasonably. Changes include job duties, pay, location and conditions that affect employees with childcare issues and disabilities. Compensation can also be claimed if an employer doesn’t follow the correct disciplinary procedures set out in the terms of the contract.

Claims

In cases such as non-payment, it’s better to claim for unlawful deduction rather than breach of contract. However, for unpaid issues in lieu of notice, it’s better to proceed with a breach of contract claim as this is regarded as wrongful dismissal.

Are you dealing with an employment law issue at your place of work? Call Mark Reynolds Solicitors on 0800 002 9577 today to speak to our employment law advisors.

According to the Health And Safety Executive, farms are one of the most dangerous workplaces in the UK. It’s easy to see why when you consider the hazards of large machinery, unpredictable livestock, slippery surfaces and varying weather conditions.

Farm owners, however, are responsible not only for the safety of employees but also visitors, so it’s essential to provide a safe working environment by implementing precautions, warnings and making sure employees undergo relevant training.

Here’s a look at the most common causes of personal injuries in the farming industry.

Machinery

The possibility of tractors overturning, especially on rough terrain, is high. Other common vehicles such as balers, combine harvesters and forklifts can be death traps if not adequately maintained. Blades, prongs and machinery entrapment can cause limb loss, disfigurements and even death.

Slurry Pits And Grain Bins

Slurry pits and grain bins are extremely dangerous, and only trained and authorised personnel should have access to these areas. Drowning and asphyxiation can easily occur, so stringent safety measures must always be implemented.

Bales

Unstable straw and hay bales that are not stacked correctly can risk falling and causing head or back injuries and even death. There is also a risk of falling from perched ladders or even form the high stacks themselves.

Livestock

Large farm animals such as cows, bulls and pigs can be unpredictable and dangerous. 8% of farm deaths in the UK are caused by livestock.

Personal Injury Claims

Many claims for farm injuries are the result of:

• Inadequate warnings and notices
• Defective vehicles and machinery
• Lack of safety equipment
• Inadequate training procedures and lack of relevant employee training.

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