Before bringing a claim for medical negligence it is important to consider the NHS complaints procedure. If this is not followed by prospective claimants then it can be difficult to obtain funding for a claim from the Legal Services Commission. This is a procedure which is constantly being revised and reviewed, but the idea of the complaints system is to encourage greater openness between patients and clinicians, increase patient satisfaction and consumer confidence in the NHS. Furthermore it allows the NHS to identify potential risk areas which may invite further protective measures being put in to place.

Read More

In the case of Burgess v Plymouth City Council the person making the claim against the Council was a cleaner for a School. The lady went into a classroom and tripped over a box used for storing lunch boxes and sustained an injury. The Local Authority (that’s her employer) disputed that they were responsible and therefore refused to offer her any compensation for her injury and other losses. Her employer argued that the cleaner ought to have been looking where she was going and it was her job to clean the classroom and that they had not breached any of the statutory duties (i.e. Workplace regulations).

Read More

Car accident claims at Low Speed (in Legal world we call these Low Velocity Collisions) LVC – Low Velocity collision, what is this? A common occurrence of this is when another driver drives into the back of your car when you are stationary. Well, lets not go into why they don’t actually slow down enough not to collide with you at all, and why they see you last minute, (despite the very fact that you are in a big highly visible car right under there nose and one would hope in front of there eyes) then slam the brakes on…. slow down to what they claim is a snails pace and hit you at very low speed.

Read More

A man is in hospital with life threatening injuries after a crane collapsed on to a ship at a container port. According to the coastguard, the crane toppled on to the ship Nyke Themis and the injured man, thought to be in his 30s, suffered crushed legs as a result of the accident and was being treated at Southampton hospital.
Read More

You’re driving down the road behind a long queue of traffic.. it’s moving at a snail’s pace; it may as well not be moving at all! You suddenly see a gap in oncoming traffic and decide it is safe to proceed and overtake the slow cars. You’re past a few when, suddenly, without warning, one of them turns right straight into your path and smash; the vehicles collide!

You think to yourself that the other vehicle should have checked his/her side mirrors and their blind spot before pulling out. But, who’s to blame in this road traffic accident scenario as far as the Law is concerned?
Read More

Where a loved one has been involved in an accident which has led to their death, it is likely that compensation and damages will be the last thing on the minds of those who cared about them. However, where the deceased left behind people that they looked after, supported or were dependent on them, then those dependents may be able to claim damages.

Read More

As discussed in the previous post about accident at work regulations, there are some really helpful Work Regulations which can be used to win your injury claim if you have had an accident in the workplace.

Read More

When an individual has suffered through medical negligence it can be a very traumatic time. People place a lot of trust in doctors and medical practitioners and naturally when it comes to health issues are more often than not keen to take the advice and recommendations of a qualified medical professional.

This can make it all the more difficult to cope when such a professional falls below the standard of care that they are expected to provide to their patients.

Read More

Regulations 5 of The Workplace (Health, Safety and Welfare) Regulations 1992 is really helpful Regulation in many accident at work claims that we run. So, you may ask what is Regulation 5? What does it relate to and what significance does it have to me?

Read More

Certain individuals are not deemed under law to have the ability to bring or defend a claim in the court by themselves. This applies to two categories of person: children and protected parties.

• A child is defined as any person under the age of 18
• Under the Mental Capacity Act 2005 a protected party means a party, or an intended party, who lacks capacity to conduct the proceedings

Read More