Category: News

The vast majority of births pass without incident. In some cases, however, things can go wrong and complications do develop. In some instances, midwives and other medical staff may not properly monitor the situation, and as a result, injuries occur. As with other types of medical negligence, this can lead to a successful compensation claim.

What is a birth injury?

Birth injuries are any harm that’s caused to the mother or baby during or around the time of labour. They may arise for a variety of reasons and can range from minor, to more serious and even life-changing.

Minor birth injuries such as swelling and bruising to the mother or child are common. These will generally heal within a few weeks but in the case of more severe birth injury or complications, they may be caused by negligence or mistakes by the medical team.

What are the causes of birth injuries?

Historically, birth has always carried risks. With modern medical care, birth is thankfully much less risky than it used to be. That doesn’t mean that accidents never happen, and when they do they can be painful, distressing and can cause future complications for both the mother and the baby.

To minimise this risk of injury to both the mother and the baby, medical staff should follow well-established procedures. If these procedures aren’t followed or other negligence occurs and it results in birth injury, then it may be possible to make a compensation claim.

Some examples of clinical errors that can potentially lead to birth injury include;

● Poor care throughout the delivery process
● Administering the incorrect medication
● Mishandling the mother or the baby
● A failure to properly identify, treat or prevent infections such as meningitis or septicemia.

In some instances, birth injuries can lead to serious ongoing and lifetime conditions for either the mother or the baby or both.

Common birth injuries

Some of the common and less common types of birth defects include:

● Obstetrics and midwifery negligence. This might include the improper use of forceps or vacuum extractors during the delivery process and incorrect suturing.
● Mistakes made during screening and failure to spot serious conditions such as heart or brain defects, Down Syndrome, Spina Bifida or other developmental issues in a timely manner that might have led to termination.
● Pregnancy complications have been mismanaged. Pre-eclampsia can lead to high blood pressure that might put the mother at risk of stroke, multiple organ failure, fits and HELLP syndrome.
● The failure to properly identify and treat an infection. These can lead to illnesses and can become extremely dangerous to babies. Maternal sepsis can be caused by something as simple as a Urinary Tract Infection, influenza or pneumonia.
● Failure to conduct or monitor a birth, or the condition of the unborn child for signs of distress can lead to severe and ongoing trauma to both the mother and the child.
● Serious injury to the child caused during or after the birth. This can include serious issues such as infant brain damage. A lack of oxygen can result in a stroke or Cerebral Palsy, Erb’s Palsy, fractured bones or nerve damage due to bleeding on the brain.
● After birth injuries to the mother such as third and fourth-degree perineal tears, and incorrectly performed episiotomies. Poorly carried out caesarean sections cause damage to organs and other surgical injuries.
● Retained Products of Conception (RPOC) refers to the retention of foetal and/or placental tissues that have been left in the uterus after termination, miscarriage or delivery. This is not uncommon and timely diagnosis and treatment are vital to avoid any further complications.

How long after a birth injury can you sue?

Because of the often serious and ongoing nature of birth injury claims the mother has until the child is 18 to make a claim for a birth injury to the baby. If no claim has been made once the child has reached 18, they themselves have three more years to make a claim. If your baby suffered a birth injury that damaged their mental capacity and will not improve as they get older, there are no time limits.

If you’re a mother who wishes to make a claim for a birth injury to yourself you will usually have three years in which to make it from the time the injury took place or when you found out that the injuries were caused by negligence during and around the labour.

How to make a birth injury claim

If you believe that your or your baby suffered an injury as a result of negligence during the birth process then you may be able to make a successful compensation claim. This can be a complicated process so it’s important not only to act quickly but to seek legal advice.

At Mark Reynolds Solicitors, we have extensive experience in making successful medical negligence claims including those for birth injuries. We can advise about the strength of your claim and how to proceed.

To find out more and for confidential advice call 0800 002 9577 or contact us online.

If you have an accident at work you may be worried that you could be dismissed. If the accident is severe and has an impact on your ability to carry out the job you used to do, these concerns may be more pronounced.

There is a great deal of confusion around workplace accidents. Many people fear being dismissed, particularly if they seek legal and financial redress following an accident for which they believe the employer was liable.

What are the rules regarding accidents at work, are employers entitled to dismiss you, and what impact might making a compensation claim have on your ongoing employment?

On what grounds can I be sacked after an accident at work?

Legally, you cannot be dismissed following an accident at work that left you injured. If you sustained this accident due to negligence caused by your employer, you might be considering making a claim for personal injury. You may also be worried that if you do pursue a claim that you might face dismissal.

The only potential grounds for dismissal following an accident might be because of capability. This is assessed by reference to skill, health, aptitude and any other physical or mental quality. If, for instance, your job involved heavy lifting and you can no longer lift, then you may be deemed no longer capable of continuing with your job. This is by no means clear-cut and it can be difficult for employers to prove this. As a result, most employers may try to redeploy you elsewhere or negotiate a mutually agreed contract termination.

If you are not able to continue working and your employer was liable for the accident that caused your injury any compensation payout will take account of these lost earnings.

If you are able to continue working, perhaps after a period of recuperation and sick leave, then your employer will have no ground to dismiss you legally.

What should I do following an accident?

If you’re injured at work it’s important that you report your injury to your employer as soon as possible. Most businesses will have an accident book and the details of your accident should be recorded. This provides protection for both employer and employee and may be referred to should you decide to proceed with a compensation claim.

It’s also a good idea at this early stage to take photographs of your injury and the accident scene. You should write down your own account of what happened while it is fresh in your mind and ask any witnesses to the accident to do the same. If you can, make drawings of what happened to illustrate your notes.

You should make an appointment to see a doctor and any other relevant medical specialist as soon as you can.

If you feel that employer negligence led to the accident then you may be able to make a compensation claim. Any claim needs to be made within three years of the date of the accident and you will usually require the help of a lawyer.

Even if you are only exploring the possibility of making a claim it can be helpful to approach an experienced accident claims specialist. They will be able to advise about the strength of your claim and the potential compensation should your claim be successful. You will then be in a stronger position to decide whether or not to proceed.

Can I be sacked for making a compensation claim?

The law on compensation claims is clear. You cannot be sacked for making a claim. In many cases, if you work for a company with a large HR department your immediate manager is unlikely to know that a claim is being made. If you work for a smaller company they may well be aware that a claim is being made, but this should not be held against you. In such instances, it’s imperative on both sides of the dispute to ensure that a good working relationship is maintained throughout.

Employers are required by law to have insurance in place, so any claim will not leave them personally or the business out of pocket. If an accident has happened it’s imperative upon the employer to ensure that it’s appropriately dealt with to minimise the risk of it happening again.

As well as secure ongoing employment, you also have the right to be placed on lighter duties until you have fully recovered.

What if my claim causes bad relations with my employer?

As discussed above, the majority of responsible employers will accept that a valid claim is something to be handled carefully, rather than taking it personally. In larger companies, there will usually be a well-worked out procedure for handling claims, and your own claim will be treated accordingly.

In some smaller businesses, relationships can suffer as a result of a claim being made. If this results in the employee becoming harassed or unfairly treated, you may feel you have little choice but to resign. If you have in effect been forced out by your employer then you may have a case for constructive dismissal. If you wish to make a constructive dismissal claim, then this will need to be made within three months of resigning.

Don’t hesitate. Get advice.

The experienced team of compensation claim specialists at Mark Reynolds can give you advice, assess your claim and help you through the entire process. Call 0800 002 9577 or contact us online to get things started.

Medical negligence can occur at any stage when receiving medical attention, from consulting the GP to surgery and follow-up care. Medical professionals have a duty of care towards their patients and if that duty of care is breached the medical body should be held responsible.

It can happen in a number of different ways and here we’ll explore some of the most common in more detail.

Misdiagnosis or delayed diagnosis

Medical misdiagnosis, either by a wrong diagnosis or no diagnosis whatsoever, can lead to potential delays in treatment. This can lead to serious long-term injury, or in some cases a worsening medical condition. Misdiagnosis in cases of cancer can lead to the chances of recovery being seriously reduced.  As a result, misdiagnosis or delayed diagnosis is a serious area of medical negligence and levels of compensation will usually reflect this.

Negligent cosmetic procedures

Despite being a huge and growing market, cosmetic surgery is not as strictly regulated as other areas of healthcare. This means that patients can be at greater risk of negligent surgical procedures. When it occurs the results can be devastating, emotionally, physically and financially. Often money will have to be spent putting right the damage caused by negligence, and levels of compensation will usually reflect any costs incurred.

Mistakes during dental work

Dental negligence can be painful, traumatic and costly to rectify. In some cases it may require extensive dental work to put right the damage. It may include misdiagnosis or delayed diagnosis, as well as nerve injury and botched cosmetic dentistry.

Incorrect surgery

Errors during surgery can be intensely traumatic, painful and life-limiting. It occurs when a surgeon makes mistakes that leave you with further problems or injuries. Your surgery and aftercare should always meet certain professional standards. If it doesn’t you may be able to make a medical negligence claim.

Care home injuries

Care homes should be places of safety but sometimes accidents do occur. Sometimes errors can occur in the administration of medication, or injuries can be sustained through inappropriate lifting, avoidable falls or neglect.

Pressure sores

Prolonged pressure on certain parts of the body can result in ulcers developing, typically in areas where the bone is close to the skin such as the lower back, elbows and shoulders. Pressure sores are graded from 1 to 4, with 1 one being the least serious and consisting of skin discoloration, up to 4 which can be a very deep wound that may reach the bone or the muscle.  They occur when a patient isn’t moved and is incapable of doing so themselves due to injury, they aren’t provided with a pressure-relieving mattress and their condition isn’t adequately monitored.

Birth injuries

If a woman giving birth isn’t given the appropriate care and attention, injury can be sustained both to herself and her baby. In both cases, this may constitute medical negligence and the consequences can range from temporary pain and discomfort to severe psychological trauma and life-changing injury.

These represent a snapshot of some of the medical negligence claims that can be made. At Mark Reynolds Solicitors. our specialist medical negligence services can provide confidential advice, assess the strength of your claim and help you achieve the maximum compensation for your injuries.

Call 0800 002 9577 or get in touch via our contact form.

If your rental property has deteriorated in terms of repair from what it was at the time your tenancy began and you’ve notified your landlord in writing, you may be able to make a housing disrepair compensation claim.

After receiving notification, your landlord will need to be given reasonable time to correct the situation. If they still fail to carry out the necessary repairs, you can then claim compensation.

How does housing disrepair compensation work?

The amount of compensation a tenant may receive is based on a number of different factors. The length and the severity of the housing disrepair issue will be considered, and how it impacted on you and your household on a day-to-day basis.

The compensation will take into account the cost of the required household repairs, as well as any legal costs associated with making the housing disrepair claim. A crucial component of the calculation will be the ‘pain, suffering and loss of amenity’ caused by being resident in a property with a disrepair issue or being forced to vacate it.

What is ‘pain, suffering, and loss of amenity’?

If the housing disrepair has led to a tenant suffering physically then the landlord has failed to provide them with adequate levels of living conditions which they expect in return for the rent they agree to pay.

Any issues that you faced as a result of the housing disrepair, causing pain, distress, and inconvenience, then this is defined by ‘pain, suffering and loss amenity’ including having to find alternative accommodation.

How is housing disrepair compensation calculated?

The rent of the property will be used as the basis to help calculate the value of any housing disrepair compensation. The compensation awarded will be a percentage of the rent that has been paid while the tenant resided in the property with disrepair issues. Even if rent is covered by Housing Benefits paid by the local authority, the tenant may still be able to claim compensation.

The severity of the disrepair will determine the percentage of compensation that’s received. If the property is completely uninhabitable, the compensation will be 100%. In reality, this level of payout is incredibly rare with the normal compensation range falling between 25%-50% of the rent of the property.

How might this work in practice?

If, for example, the property had a severe damp problem for a year and the rent per month was 1000pcm, the rent for the entire period would be £12000. If the claimant was awarded 40% compensation, the tenant would receive £4800.

Does your rented property have a housing disrepair problem?

If the property you’re renting has a housing disrepair issue and the landlord isn’t responding to requests for it to be dealt with, then it’s important to seek professional legal advice as soon as possible.

At Mark Reynolds Solicitors, we’ve helped tenants make successful housing disrepair compensation claims on a no-win, no-fee basis. Contact us today to find out how we can help.

A growing proportion of the UK population rents their home from private landlords. The standard of these properties varies, with the level of maintenance and repair offered by their landlord equally variable. In some cases, properties are allowed to fall into a state of disrepair and requests for repairs to take place from tenants to landlords go ignored. When this happens, tenants may feel powerless and wonder what they can do to address the issue.

Not all tenants are aware of their rights when it comes to housing disrepair claims. Landlords have a duty of care to their tenants, and they’re required by law to keep accommodation in an adequate state of repair. In most leases, the landlord will be obliged to repair, insure and maintain the exterior, the structure, and the common parts of a building that has been divided into flats.

The leaseholder will also have a range of responsibilities for the property, usually internally, and the lease agreement should clarify how those obligations and responsibilities are divided between the parties.

If a landlord hasn’t met their obligations to carry out repairs under the terms of the lease, it may be possible for the leaseholder to make a claim for a court order along with damages.

What is housing disrepair?

Housing disrepair refers to rented property that is in clear need of repair in order to make it suitable and safe for tenants to live in. Landlords are required by law to ensure that:

• The property is in a good state of structural repair.
• The property is free from mould and damp.
• The gutters and drains are clear and working as they should.
• The property is fitted with a working heating system.
• The property provides safe access to electricity, water, and gas.
• The property includes working sanitation facilities such as toilets, sinks, and basins.
• The property is free from insect and vermin infestation.

If these conditions are not met, and the landlord fails to carry out any remedial work within a reasonable amount of time, then this could be considered housing disrepair.

Housing disrepair may include damp, mould, leaks, condensation, drainage, internal or external flooding, brickwork repointing, loose or missing tiles, structural cracks, vermin infestation, problems with boilers, poor ventilation, lack of heating, and no running hot water.

When housing disrepair occurs the responsibility for rectifying the problem falls to the landlord, whether they are a private landlord, housing association, or the local authority.

What is the housing disrepair protocol?

The Housing Disrepair Protocol sets the stages that tenants need to follow in order to make a compensation claim against their landlord in the event of housing disrepair issues at the property which are left unaddressed.

The Housing Disrepair Protocol is most commonly applied to tenants who are letting their property, either from a private landlord or social housing authority, but it can also apply to English and Welsh leaseholders.

The Protocol details the conduct that courts will expect the various parties to follow in a housing disrepair claim, in order for legal proceedings to begin. The aim of the protocol is to ensure that information is exchanged in a timely manner and to increase the chances of a quick resolution.

Before the Housing Disrepair Protocol can start, the landlord must receive notification about the disrepair, and then be given enough time to deal with it. The courts expect legal action to be the last resort and will expect parties to have considered mediation and arbitration in an attempt to resolve the dispute before it reaches the claim.

If alternative dispute resolution has been tried and the landlord has still failed to deal with the disrepair, then the leasehold may proceed to the Protocol. This will usually be done with the assistance of a solicitor.

How to make a housing disrepair claim

The Housing Disrepair Protocol steps that a tenant needs to follow are:

1. Early Notification Letter/Letter of Claim

This notifies the landlord of the claim when the full details of the claim haven’t been established. If the details have already been established, then this stage can be skipped. The letter should contain the name of the leaseholder, the address of the property, and details of the issues.

The letter should also include:

Details of any notifications that have previously been issued to the landlord, the effects of the defects on the leaseholder including any injury claim.

The name of a proposed expert who understands the issues, along with any instruction to them.

Details of special damages to bring the claimant back to the financial situation they would have been in if the issues hadn’t developed.

The leaseholder will also need to disclose if there are any relevant documents that are available. Requests should also be made for the landlord to disclose any relevant documentation they have in their possession.

2. The Landlord’s Response

Upon receipt of the Early Notification Letter or Letter of Claim, the landlord will have twenty days in which to reply. This reply should include relevant records or documents, as well as a response to the proposals set out by the expert. If the landlord does not respond, then the legal proceeding can be issued as soon as the leaseholder has adequate information.

3. Appointing an expert

The parties should attempt to agree upon the appointment of a single expert. If an agreement can’t be reached, then joint inspection will need to take place by experts representing each party.

4. Denial or admission of liability

The landlord has twenty days from the receipt of the expert’s report, the landlord is required to confirm whether liability is admitted or disputed. They may bring up any points about the lack of notice, or difficulty with access, send a full schedule of intended works, and make any offer of compensation.

If you’re renting a property with housing disrepair issues you may be able to make a claim for compensation. Whether your landlord is being cooperative or not, professional legal advice can help you negotiate the entire process.

At Mark Reynolds Solicitors, we regularly represent tenants making claims for housing disrepair compensation.  For confidential advice about housing disrepair contact us today.

Probate can seem like a complicated and at times confusing process, particularly if it’s the first time you’ve encountered it. It is in most cases a relatively straightforward process that will be concluded within a year. However, there are a number of different factors that can alter the equation.

Here we’ll take a look at probate, how long it takes on average, what’s involved and how delays might occur.

How long does probate take on average?

In most instances, probate will take between six to twelve months. However, there are a range of factors that can impact on how long this process takes. This means that without detailed knowledge of a particular case it’s very difficult to ascribe a time scale. In most cases, probate will be resolved within a year, but be prepared for it to take longer in cases that are not straightforward.

What are the processes involved in probate?

Probate begins by registering the death. You will need the deceased’s death certificate for each of the deceased’s assets. This needs to take place within 5 days in England, Wales and Northern Ireland, and within 8 days in Scotland.

You should then find out if there’s a will. The executor of the will need to apply for a document known as a grant. This gives them the right to access funds, sort out finances and distribute any remaining equity. They will also be responsible for paying any inheritance tax.

The next stage is to submit an application for probate. This can be done online or via a paper form. A probate fee, which currently stands at £215, is payable at this stage. If you complete the online application you will need to forward the will and any supporting documents independently.

Next, accounts for the deceased will need to be closed, memberships and subscriptions cancelled. Any debts will need to be paid off, outstanding debts settled before any remaining assets can be divided. If there isn’t a will, assets will be divided under what’s known as the ‘rules of intestacy’.

What might delay the probate process?

After someone dies, a probate application can sometimes be made in days if the deceased kept clear and tidy records of all their financial affairs. This is particularly the case where those affairs were relatively simple and the deceased only held assets with a small number of different institutions and the overall value of the estate was below the inheritance tax threshold.

If the deceased had a range of assets with numerous institutions or their financial affairs were disorganised, it can take considerably longer to gather all the information required to complete the application.

Any applications for estates where Inheritance Tax needs to be paid will take longer to prepare. It may be necessary to obtain professional valuations for any assets to help calculate the amount of inheritance tax that will need to be paid. This process can take a number of weeks to complete.

The speed at which an executor applies can also be a factor in the length of time. If an executor is unsure about the process, overwhelmed or is reluctant to apply for some other reason, this can lead to delays which on occasion can be significant.

Complications can and do arise, such as liabilities against the estate, locating previously unknown assets or the all too common disagreements and disputes about the content of a will. Often wills are inadequate, unclear or confusing. Homemade and DIY wills are a case in point, with many of them commonly causing these types of issues.

If there is a property to sell this can take time, with time on the market and delays through conveyancing all adding time to the overall probate process. Sales can fall through, or other hold ups in the process can all add up to significant delays.

In some instances, the executor may fall seriously ill or die during the probate process, particularly if the executor is an elderly partner of the deceased. Someone else will then need to be appointed to replace them. If an executor dies, then usually their own executor will fulfill that role.

Sometimes finding beneficiaries isn’t straightforward. If they can’t be easily located and informed, then investigations may need to be made. In some cases it can take a considerable amount of time to find any beneficiary.

Another consideration is the impact that third parties can have on the whole process. The larger the estate with more institutions and assets involved, the greater the potential for delay. If for instance, the estate contained foreign assets it may take some time to gain authorisation for their sale or transfer. If any of the deceased’s assets are held in a trust then the administration of these trusts will add time to the probate process.

Wills and probate services from Mark Reynold Solicitors

Mark Reynolds Solicitors can help you draw up a will to aid the probate process when you die. We can also provide confidential support and advice regarding the probate process.

To speak to one of our Wills & Probate solicitors in our offices situated in Warrington, Runcorn, Liverpool or Leigh, please call us on 0800 002 9577 for immediate assistance. Alternatively, contact us here.

Medical negligence claims can be long, involved and complex processes. They can take considerable time from making the decision to pursue a claim and the claim ultimately being settled. There are numerous factors that come into play when making a claim. Medical negligence can range widely from minor issues to life-changing injuries with complex outcomes and a need for continued support.

That said, medical negligence claims are settled every day and the length of time it can take shouldn’t be a discouragement from pursuing a valid claim.

How long does a medical negligence claim take on average?

While there can be significant differences in timescale as a consequence of the details of the claim, the average medical negligence claim can take anywhere between 12 to 18 months to reach a resolution.

If the other counterparty admits to the negligence, then it can be resolved in much less than a year. At other times, if the other party refuses to accept any responsibility then it can take much longer.

Add in lots of complex information, evidence gathering and disputes, and it can easily take more than two years.

What are the processes involved in a medical negligence claim?

After someone has decided to pursue a claim, and funding options have been explored, records then need to be obtained. Your claim will need to be properly investigated, with sufficient evidence gathered in order to support your claim.

Your medical records will need to be obtained by your solicitor and then examined by medical experts. This on its own can take anywhere between six and twelve months.

Independent experts will need to be instructed to prepare reports. These will explore whether harm was caused as a result of medical negligence and whether the treatment provided constituted a breach of duty.

Experts are only able to comment on areas that fall directly under their specialism. For instance, a GP or a psychiatrist can only comment on the actions of other GPs or psychiatrists. They may need to carry out examinations and will then comment on your likelihood of making a full recovery. This is the kind of information that will be crucial to how your claim is valued. It’s possible that further examinations might be required.

The next stage is to put a value on your claim. The level of pain and suffering will be taken into account as part of your general damages, with out of pocket expenses classified as special damages.

General damages will take into account any relevant court guidelines and will refer to settlements that other people with similar cases have received.

Special damages will involve a range of calculations, taking into account any past or predicted losses that you have suffered. This might be travel costs and other associated costs as well as a loss of earnings. In some higher value cases. independent experts might be required to provide information about adaptations to your home or other aids that are required.

After the supporting evidence has been collected a letter of claim will be presented to the defendant. This will summarise the details of the allegations giving the defendant information in order to value the claim. They will then have four months to investigate the claim, gather their own evidence and decide whether or not to contest the claim.

Following this, they will issue a letter of response that details their decision. The letter of response will then be considered. It might include an admission, or an offer might be made in writing.

A meeting between the parties may be arranged in an attempt to agree on a level of compensation. If the defendant disputes your claim, the details of the letter will be shared with the medical experts for their considered opinion of its contents. They may decide that they no longer wish to support your claim.

If no settlement has been reached, then it may be necessary to move to court proceedings. If your solicitor remains confident of the strength of the evidence, then court proceedings will begin.

The vast majority of claims do not reach trial. The court will set a timetable with the aim of encouraging resolution. Statements from the people involved in any treatment and the recovery process will be gathered, and the experts representing each side will meet to try and narrow any issues of disagreement. If a settlement can still not be reached, then a judge will determine the strength of the claim, and then assign a value to the claim if appropriate.

Which parts are likely to be delayed?

There are a variety of points during the process when a claim could be delayed. It may take some time for experts to compile a report. They may need further information, to undertake more examinations and extensive research. Should a defendant choose to contest a claim, and conduct their own research, this will then add delays to finding a resolution.

As a general rule, the greater the degree of contestation that takes place, the longer the process will take. It’s one reason why everything is done by legal professionals and the courts to try and find resolution and a just settlement as early in the process as possible.

Does it depend on the type of claim?

The more complex your case, with the greater range of evidence and information involved, the longer the entire compensation process can take. Expert legal advice and support can help to minimise delays, find solutions and negotiate the process in an efficient way.

The experienced medical negligence team at Mark Reynolds Solicitors can evaluate the strength of your claim and help you negotiate your way through the process.

For expert confidential advice contact us today.

Leg injuries are one of the most common workplace injuries and all too often they can lead to amputation. If a workplace injury leads to leg amputation then it may be possible to make a compensation claim.

The consequences of amputation cannot be overstated. It can result in a considerable loss of earnings, pension rights and difficulties with mobility and day to day living.

While some state benefits are available to help people who undergo a leg amputation, these will not cover most of the associated costs and loss of earnings. As a result, it can sometimes be necessary to make a claim for compensation to enable the amputee to enjoy as full and as comfortable a life as possible.

What benefits can I claim after leg amputation?

A compensation claim for leg amputation will usually include a range of benefits depending on the individual circumstances of the claimant.

General expenses

These provide compensation for the direct effects of the accident, such as the pain and suffering that you went through due to your accident. It also includes any mental trauma, anxiety and stress that was caused by your injury. It might also include a component for a reduced quality of life and any employment issues that might arise.

Special expenses

These can reimburse you for any out of pocket expenses that you experienced because of your amputation. This might include travel costs for treatment and the cost of modifications needed for a vehicle. These are generally a more straightforward calculation than general expenses.

These might include:

Short term medical costs

As a result of your injury you may incur medical expenses. These can be recovered when making an accident at work claim. Commonly, these might include the cost of private treatment, medication, diagnostic tests and hospital stay.

Long term medical costs

You may require medical follow-ups alongside other medical treatments over the long term.

Transportation costs

Travel for hospital treatment and rehabilitation can soon mount up, particularly if your travel options are now more limited. You may require a taxi and will have to bear certain expenses. These costs can be recouped through a compensation claim.

Loss of income

If you can no longer work in your current occupation then you may suffer a loss of earnings. You may lose salary, bonuses and other types of work-related income. Income and associated benefits may be reimbursed if you are making a compensation claim for leg amputation.

Loss of earning capacity

This aspect of a compensation claim takes into account the reduction in income you may suffer going forward. If your earning capacity has been reduced because of leg amputation you may be able to gain compensation.

Replacement and repair of damaged property

If any property, such as a phone, was damaged during the accident you may receive compensation to cover that damage. It’s also possible to claim compensation for any modifications that are made to your home.

If you would like to discuss a potential compensation claim for amputation or limb loss call 0800 002 9577 or use our online contact form.

Anyone working in an industrial or commercial setting may be at risk from an industrial disease. Over the years, health and safety procedures have been implemented to radically reduce the risk of developing some of the more serious conditions. Despite this, many people are suffering from legacy conditions that were acquired while working in unsafe environments many years, often decades, earlier.

Others are still developing industrial related diseases despite more stringent regulations. In both cases, the impact industrial diseases can have on an individual’s life can be dramatic. When they do develop it may be possible to claim compensation.

What is an industrial disease?

Industrial diseases are those diseases that can be contracted while carrying out your employment. They will usually arise as a result of inadequate health and safety procedures or due to exposure to dangerous substances. Often workers who suffer from existing conditions find that their symptoms are made worse by the conditions within which they’re expected to work.

Some of the UK’s most common industrial diseases are carpal tunnel syndrome and other vibration related injuries, lung and respiratory diseases, industrial dermatitis and other skin diseases as well as occupational cancers. There is a legacy of asbestos related illnesses acquired by workers in a range of industries where the substance was routinely used.

Is COPD an industrial disease?

Chronic obstructive pulmonary disease (COPD) is the name for a group of lung conditions that cause breathing difficulties. By far the most common cause of COPD is smoking, but they can be caused by unsafe working environments. Exposure to a wide variety of dust and fumes such as silica dust, cadmium dust and welding fumes has been linked to workplace COPD. Should your COPD have a work-related cause then you may be able to claim compensation.

What types of industrial disease can you claim for?

The list of diseases and injuries that people sustain in the workplace is vast. However, some of the most common conditions that lead to successful claims include:

• Lung conditions such as pneumoconiosis, mesothelioma and asbestosis. These frequently arise as a result of having been exposed to fibres or asbestos dust.
• Hearing loss and industrial deafness as a result of being exposed to a noisy environment.
• Vibration white finger/ hand arm vibration (HAVS) is a painful condition that can affect people who have to work with powerful vibrating equipment such as road drills.
• Repetitive strain injury (RSI), a painful inflammation of the tendons in the hand and arms.
• Dermatitis, an uncomfortable inflamed skin condition as a result of being exposed to dangerous chemicals.
• Lung disease and asthma, which can have a variety of causes including exposure to dust and fumes.
• Occupational cancers triggered by an exposure to working carcinogens.
• Osteoarthritis of the knee or hip, both of which can be developed as a result of certain kinds of manual labour.

This list is by no means exhaustive and a specialist industrial disease lawyer will be able to advise about your condition. Whether these conditions occur when someone is employed or undertaking training they can still be eligible for compensation.

Mark Reynolds Solicitors offer a comprehensive industrial disease service. We can assess the strength of your claim and then pursue an effective compensation claim if appropriate. Call 0800 002 9577 or contact us online to find out more.

The existence of the Motor Insurance Bureau often comes as a surprise to car owners. Most people haven’t heard of it, even fewer have much of an idea about what they do. They do, in fact, provide help and assistance to any driver who is involved in a road traffic accident with an uninsured or untraced driver across the UK.

If you find yourself in this unfortunate situation and you’re wondering if it’s still possible to claim compensation then the MIB may be able to help.

What exactly is the MIB?

The Motor Insurance Bureau was created in 1946 with the intention of ‘reducing the level and impact of uninsured driving in the UK’ and ‘compensating victims of uninsured and untraced drivers fairly and promptly’.

Any company that is licensed to offer insurance in the UK is required by law to be a member of the MIB and contribute towards its funding. A proportion of the cost of car insurance goes towards the MIB.  This translates as somewhere between £15-£30 in every policy.

Why is the MIB needed?

Despite insurance being mandatory in the UK, it’s estimated that there are over a million uninsured vehicles out on the country’s roads. This means that you are always at risk of being hit by an uninsured vehicle. Similarly, despite drivers being obliged to stop at the scene of an accident, a significant minority of drivers fail to do so in an attempt to skip responsibility. If someone is driving without insurance they’re more likely to try and evade responsibility for what they have done.

In an average year, the MIB will settle around 25,000 claims, and roughly 120 of these will be incidents that involved the death of someone who died at the hands of a driver who had no insurance, or who left the scene of the accident. The chances of ending up in an accident with a driver who doesn’t have insurance, or who chooses not to stop at the scene of the accident are perhaps higher than many people realise.

What happens if you’re involved in an incident with an uninsured driver?

If you find yourself in the unfortunate position of being hit by an uninsured driver then you may be able to make a claim to the Motor Insurance Bureau under the “uninsured drivers scheme”. Your own insurer will be unlikely to help so the MIB provides the most realistic route to compensation for many drivers.

Through the Uninsured Drivers Scheme”, your claim will be assessed to find who is liable. If liability can be proven, then your claim could include the cost of repairing or replacing your vehicle. It may also include any hire charges while your vehicle is out of action, loss of use, property damage to any items damaged in the incident, as well as any rehabilitation treatment such as physiotherapy.

A proportion of your legal costs for bringing the claim could also be paid by the MIB. You may still be required to make a contribution to your solicitor’s fees from any compensation you are offered.

What about incidents with untraced drivers?

If you are involved in an incident and the driver leaves the scene you may be able to make a claim to the MIB under the “Untraced Drivers Scheme”.

Up until 2017, eligibility for compensation under the scheme depended on the accident being reported to the police within 14 days of it happening. Although this is no longer necessary it is still advisable to report any incident to the police and your own insurance company as soon as possible following the accident. This should be done before a compensation claim is submitted to the MIB.

Under the Untraced Drivers Scheme the MIB will consider claims for compensation for personal injury and any costs associated with it. It will, however, only consider payments for property damage in certain circumstances meaning that you will in all likelihood have to make a claim through your own insurance to cover damage to your vehicle.

What if you have an accident overseas?

The MIB also operates a Green Card Scheme that handles accidents abroad that involve foreign registered vehicles. Compensation claims can be made, but only in countries that operate the Green Card Scheme, and the process can be complex. As with untraced and uninsured drivers, liability will need to be proven. The procedure for claiming for an accident overseas needs careful attention and should only be undertaken with specialist legal advice and assistance.

Beware of scammers

The MIB is an established and respected part of the motor insurance industry. They are members of the Council of Bureaux and have access to the Motor Insurance Database (MID). This contains information from every motor insurance policy taken out in the UK.  As a result of this, scammers and hackers find the MIB attractive and there have been attempts to coerce victims of road traffic accidents to make a claim. The MIB regularly issues warnings about these scams, telling the public to be extremely careful when receiving cold calls or letters.

Mark Reynolds Solicitors can help if you’re hit by an uninsured or untraced vehicle

The experienced and professional team at Mark Reynolds Solicitors can offer advice if you find yourself in an incident with an uninsured or untraced vehicle. We can assess your claim, help establish its circumstances and then advise how to proceed with a claim if appropriate.

Contact our team today for confidential advice.