Cycling Accident Claims: What you need to know

Statistics have shown that every 30 seconds someone in the world is killed in a road accident. Over the years this figure has drastically risen through the greater use and accessibility of vehicles and the increased number of people now cycling. The severity of the injuries vary but they still occur on a daily basis which is why cycle safety is imperative for both drivers and cyclists. Cyclists have very little protection of the roads and are extremely vulnerable in the event of a collision. For this reason knowledge of the legal protection available for cyclists is becoming increasingly important.

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Generally people believe they have a good understanding of what would class as an ‘accident’ but the distinction can often be blurred, meaning that the exact circumstance of each case must be thoroughly looked into. Many suggest that if an ordinary person who witnessed the incident would class it as an accident then that is the distinction but unfortunately as it stands a satisfactory definition of the word is not easy to provide.

Therefore with the definition being somewhat unclear, it leaves a very broad scope for litigation concerning any injuries. Legally, in states in The Road Traffic Act of 1988 that an accident has occurred if injury is caused to any party or damage has been caused to a vehicle, animals and property. This acts covers all means of transports from public and private transport.

In terms of what needs to be proved, for a cyclist to have a personal injury claim certain aspects must be established before any compensation can be awarded. These elements consist of:

  • Identifying that there was in fact a duty of care owed by the party that caused the injury to the injured party. The duty of care is defined as an obligation that everyone has to not do anything that can foreseeably cause harm to another person.
  • The party that caused the injury failed to observe and carry out this duty of care. This can be difficult to prove but will generally need photographs, damage to the bicycle, medical report and police/ eye witness statements.

At Mark Reynolds Solicitors you can speak to one of our friendly advisers who can offer free advice into the claims process and how much potential compensation you could be entitled to if you have been involved in a cycling accident. Feel free to call one of our offices in Leigh, Liverpool, Runcorn or Warrington to discuss or book an appointment.

Employment Law: Top Four Changes in 2015

Employment law is a minefield and for the uninitiated it can be complex, confusing and ever-changing. 2015 is proving to be no exception with a number of important legislative changes on the way. Here are the top four areas that employers should note.

Parental Leave and Pay

This year there are big changes for parental leave and pay. Shared parental leave and pay was introduced in April, giving both parents the right to share maternity leave and maternity pay. The right to request unpaid parental leave (of up to 18 weeks) was also extended, from the former child age of five years old, up to 18 years of age.

Employment Law

Adoption Leave and Pay

As of April this year, adoption leave eligibility and statutory adoption pay has been brought into line with maternity leave and statutory maternity pay. Surrogate parents are now eligible for adoption leave, and adopters now have the right to request time off for adoption appointments.

New Fit for Work Service

A new Fit for Work scheme will be introduced in autumn this year. Employers will be offered free access to occupational health assistance for any employee who has been sick for four weeks of more. After an assessment, employees will agree a Return to Work plan. The scheme aims to support employees back into work faster, whilst reducing sick pay.

Pension Schemes and Increases

Certain restrictions on defined contribution pension schemes have been removed. This allows individuals more choice in how they draw their benefits from their pension pots. There is also a number of statutory payment increases coming to effect including maternity pay, paternity pay, adoption pay and statutory sick pay. A new minimum wage rate will apply from October.

At Mark Reynolds Solicitors, we can advise you on all areas of recent and future employment law. Call us today to discuss your needs.

hospital medical ward

Clinical Negligence in the News

The NHS has announced major incidents within a number of their hospitals across the UK. These major incidents, caused by mounting pressures on NHS staff, lead to an increase in clinical negligence, as understaffed departments struggle to cope with increasing patient demands.

What Is a Major Incident?
Hospitals declare a major incident when they are finding it difficult to provide sufficient levels of care to their patients. This usually happens when demand is exceptionally high, or levels of staff are unusually low.

The measure enables them to seek extra help from outside their own hospital. For example, extra nurses may be brought in from another NHS authority. Once a major incident has been declared, the hospital are authorised to limit the flow of patients into the hospital. Routine operations and non-urgent outpatient appointments are often rescheduled, ensuring sufficient beds are available to patients who arrive at the hospital as a matter of urgency.

Which Hospitals Have Been Affected?
According to the news, major incidents have recently been declared in a number of hospitals across the UK, including the following locations:
• Gloucestershire
• North Yorkshire
• Surrey
• Staffordshire

What is Clinical Negligence?
Clinical negligence arises when medical professionals fail to provide adequate levels of care to their patients. When NHS services are stretched, particularly when they are understaffed or the demand increases, mistakes are more likely to occur. These mistakes can be relatively minor, but, in some cases, can significantly impact the life of the patient involved.

There are many types of clinical negligence that may arise. When hospitals declare a major incident, and routine appointments are delayed, this means diagnoses of major illnesses are often delayed. In some cases this is fatal, as the delay reduces the amount of time available for treatment as the illness progresses.

Business meeting

How to Choose the Best Employment Solicitor

When it comes to employment law, bad advice can be worse than no advice! Make sure you choose the right employment lawyer by following the tips below.

A Specialist

Don’t be tempted to choose a solicitor that dabbles in the field of employment law – always look for an employment law specialist. Employment law is a complicated field, but it’s also an area in constant flux so you need to ensure you have the most up-to-date information. As an area covering a vast range of issues that affect employers and employees equally, a specialist will know where to find the most appropriate information for your case.

A Professional

Whilst there are other sources of advice and information out there, choosing a good solicitors’ firm will guarantee professionalism and quality. All solicitors are regulated by the Solicitors Regulation Authority, which ensures that strict standards of client care are maintained. In addition, you can also check their record and their years of experience by visiting the Law Society website.

Experienced

When choosing an employment law solicitor, experience is essential. Choose a firm that can offer a significant number of years’ experience in the employment law field. It’s also a good idea to look for solicitors who have worked on both sides of employment law, for employers and employees. Not only will they provide a more balanced view of the strengths and weaknesses of your case, but they can also offer important insight into the tactics of the opposing side.

In the Right Areas of Employment Law

Because employment law is such a vast field, check that your solicitor has experience in the area of employment law that you require. If you’re an employee this could include anything from disciplinary issues to discrimination or employment tribunal claims. Employers, on the other hand, may require legal advice on drafting contracts, redundancy notices, training or handling disciplinary issues and grievances.

Whether you are an employee or an employer, it is essential to get the right advice from a professional, experienced solicitor in employment law. With an exceptional reputation in the field, Mark Reynolds Solicitors can help.

Clinical Medical Negligence Mark Reynolds Solicitors

Accidents at Work: How Compensation Can Help

Every year thousands of workers are injured in accidents at work. In 2013 in the UK alone, 78,000 workers experienced a workplace injury and over one million workers suffered from a work-related illness. If you’ve had an accident at work or suffered from a work-related illness, find out how compensation could help you.

Why You Should Seek Help

Injuries and work-related illnesses can have a severe impact on you and your family’s life. In addition to experiencing pain and suffering, you may also find there are real financial consequences. Lost earnings, the cost of medical treatment and other related expenses soon add up, and you may find yourself seriously out of pocket. In such circumstances, compensation can really help. Not only will it ease the financial burden of an injury or illness, but it can help to take away the stress and worry too.

Claiming Compensation

In the workplace, your employer has a duty of care for your health, safety and welfare. This means they must ensure that your working environment is safe and that you’re protected from injury and illness. If you have suffered as a result of a workplace injury or illness that was not your fault, you may have a case for compensation.

Who Can Claim and For What?

It’s important to note this duty of care applies to you regardless of your employment status. So even if you’re self-employed or a casual worker you still have the right to make a claim for compensation. Work-related injuries and illnesses take many forms and are caused by many things. From inadequate staff training to exposure to faulty equipment, if your injury or illness was caused by your working environment you could have a claim for compensation.

To find out more about making a claim for compensation, call us at Mark Reynolds Solicitors. Remember we’re here to help you.

Accident claim

What steps should you take when making a work accident claim?

Suffering an accident at work can be very traumatic and if it leads to making an accident claim then it pays to do things by the book so that your case is a strong one. In the event of an accident, here’s a quick checklist of actions you need to take:

  1. Report the accident to your employer – it sounds obvious but lots of accidents happen every year without this being done properly. The accident should be reported to the person who looks after health and safety matters in the company and if you don’t know who that is, then ask your manager. Ensure that the accident gets reported in the employer’s accident book. Your employer is legally obliged to have an accident book.
  1. Seek medical attention – whether your accident requires the attention of your GP, a visit to casualty, or a visit to a medical specialist you should always ensure you seek medical attention even if you don’t think your injuries are that serious. Problems can escalate with injuries so it pays to get attention and in doing so; a medical record will be kept which may be important later.
  1. Obtain witnesses – if your accident was witnessed by anybody then make sure you obtain their names and contact details. Evidence may be required later from any witnesses to your accident.
  1. Photographs – it always helps if you can take photographs of where the accident happened and especially take photos of what may have caused the accident.
  1. Keep your own record – this is always good practice. Keep your own written record of what’s taken place including tools and equipment you were using, the specific job you were doing at the time of the accident and your job responsibilities in general. This will help your memory later and it will definitely help your solicitor if you intend to take matters further.
  1. Never admit fault or settle without legal advice – employers may want to settle with you to avoid court action. You should always seek advice first from a solicitor and don’t admit any fault because this will damage your case.

For more advice about filing an accident claim at work and to discuss your case with us, then please get in touch.

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What is a last minute settlement?

In an employment tribunal situation, it is not uncommon for a last-minute settlement to be made. On the one hand, this can be a good thing, especially if you can come to a mutual agreement with your employer and it saves you both the hassle of going through the hearing. On the other hand, it can be fraught with problems, especially if you have nobody representing you.

Before the hearing starts a representative of the employer may approach you to try and reach a settlement. If you have a representative then they will handle this discussion on your behalf and ensure that your best interests are represented. If you don’t have a representative then this kind of situation can you leave you on the back-foot and totally unprepared for the negotiation.

It is easy to get intimidated in this type of scenario and have pressure put on you by the employer to withdraw your case or settle. At no point should you agree on a settlement without knowing the full implications and if you do reach an agreement then it is imperative that you ask the tribunal to record the terms of the settlement. By doing this you will have a recorded document of the settlement and you will be able to hold your employer to account if they don’t carry it out.

If you are in the process of taking your employer to a tribunal then it is in your best interest to seek legal representation. At Mark Reynolds Solicitors we have many years experience in representing employees and we will guide and support you throughout the process. And in the event of a last minute settlement being made, we will ensure that your best interests are represented and that any settlement that it made is worked to your advantage. Contact us now to discuss your case with us.

Will aid

Mark Reynolds Solicitors raise funds for Will Aid Scheme

Mark Reynolds Solicitors were delighted to have been part of last year’s Will Aid scheme and have raised a grand total of £2875 for the charity.Will Aid

Will Aid was founded in 1988 as a nationally run initiative designed to raise money for charity by harnessing the skills of Solicitors to help those in need. Solicitors waive their fees for will writing and people are instead encouraged to give a donation to Will Aid.

Since it was launched it has raised over £17.2million, with last year seeing £1.6million in donations.

Will Aid divides donations between nine charities: Action Aid, Age UK, British Red Cross, Christian Aid, NSPCC, Save the Children, SCIAF, Sightsavers and Trõcaire.

Making a Will is an extremely important step in anyone’s life but many people do not like the thought of doing so and instead prefer to put the task off. Here at Mark Reynolds Solicitors, our friendly and approachable Lawyers are experienced in dealing with such sensitive matters and will ensure the process is as painless as possible.

If you are interested in either making your first Will or if you need to make a new Will to reflect changes in your life, then please do not hesitate to make an appointment at any one of our offices in Leigh, Liverpool, Runcorn or Warrington by telephoning Laura Campbell on 01942 260 228.

personal injury law explained

Automatic anonymity law ruled for personal injury claims

Protected parties and children involved in clinical negligence and personal injury cases will not be named publicly unless it’s absolutely necessary, ruled the Court of Appeal this month.

Previously, personal injury and medical negligence claimants were automatically named unless they formally applied for anonymity and submitted it to the Press Association news agency. Now the Court of Appeal has reversed the procedure, meaning claimants aren’t named unless it is completely vital.

The landmark decision protects children and vulnerable adults against potential harassment from both the press and the public. Default anonymity will now be routine practice, except in rare circumstances where the court isn’t satisfied or if anonymity is inappropriate for the individual case.

The Court of Appeal commented, “There was a force in the argument that in the pursuit of open justice the court should be more willing to recognise a need to protect the interests of claimants who are children and protected parties, including their right and that of their families to respect for their privacy.”

Mark Bowman, medical negligence and personal injury partner at European firm Fieldfisher, stated, “It is fantastic to know that as a result of our appeal that not only my client but claimants all over the country will now be able to pursue medical negligence or personal injury claims without the fear or worry that at the end of their claim, their name and address will be plastered all over the internet for all and sundry to see,’ Bowman added.”

“It is only right that the public should know that a defendant has had to pay out substantial compensation to an injured claimant, but there is no public interest in knowing who the claimant is or where he or she lives.”

Have you experienced a personal injury or clinical negligence? Get in touch with Mark Reynolds Solicitors today to see how we can help you.

Success story

Road Traffic Accident Settlement Success Story

Our client was involved in a road traffic accident where the insurers were looking to sweep his accident under the carpet and offer £1000.00 in settlement. We obtained suitable medical evidence from an experienced Consultant Orthopaedic Surgeon and obtained in excess of £4,500.00 for our client.

Further to this, our client’s damages cheque arrived only 74 days after submitting his claim to the defendant’s insurer.