Archives for August 2017

When serious injuries occur, having a specialist legal team on your side can ensure that you receive the treatment you need to fully recover. This was the case for a man who came to see Bartletts specialist personal injury solicitors in Wrexham after he was seriously injured in an accident at work.

The 30-year-old man was a production operative at a large bakery supplier. He was busy stacking plastic baskets on wheels into pallets to go to delivery vans in the loading bay area when suddenly a high-speed door, which was used to keep contaminates out, closed hard on the back of his neck.

The man was thrown to the floor with such force that he became unconscious. His colleagues called an ambulance which rushed him to the local accident and emergency department. At the hospital, he was seen by a spinal surgeon who diagnosed him with a spinal injury. The bakery worker had to stay in hospital for a week to have monitoring and tests including nerve conduction studies to determine whether he had suffered any nerve damage.

When the man came to see one of Bartletts experienced personal injury lawyers in Wrexham, he was still suffering from the effects of the injury. He had missed work for one year and was experiencing symptoms of depression. To help his neck recover, he was required to wear a neck brace which meant he could not do any exercise and his relationship was suffering.

Our lawyers stayed at his side throughout the next three years, arranging for monitoring and medical care. We arranged for him to have scans and physiotherapy to help his neck to recover, and organised for him to see a cognitive behavioural therapist to help with his mental health problems. We arranged for interim compensation from his employer throughout this period

Once we were satisfied that he had fully recovered, we successfully settled his claim for a substantial amount of compensation for personal injury, compensation for loss of earnings and compensation for care and assistance with his employer’s insurance company.

Make a free compensation enquiry today

For specialist advice on your personal injury claim, call us now on 01244 752 999 or complete a Free Online Enquiry and we will soon be in touch.

 

 

Slip and trip accidents can happen to anyone but, when someone else is at fault, you may be able to make a claim for compensation for personal injury. This was the case for one man who came to see Bartletts expert personal injury solicitors in Chester after a slip and trip accident at a motorbike show.

The 63-year-old gentleman and his friends were all motorbike enthusiasts and had attended a motorbike show at a large indoor showground which spread over two levels. The man and his friends were making their way down one of the showground’s metal staircases which were muddy due to the wet October weather. The man slipped on the unclean stairs and tumbled down to the ground.

The gentleman had a cut to the right elbow that was bleeding so was treated at the scene by a first aider from St John Ambulance service. Throughout the day, his elbows became swollen and bruised, causing him a lot of pain so he went to the accident and emergency department at his local hospital.

Although he has now fully recovered, the gentleman suffered from severe pain in his elbows for over four weeks after the accident, so he decided to come and see one of Bartletts personal injury solicitors in Chester.  Our expert personal injury lawyer quickly set about helping him make a claim for compensation for personal injury.

Our lawyers got straight to work, and established that the owners of the indoor showground were responsible for the accident by not properly maintaining the required cleaning standards on the day.

The venue owners produced documents to support their system for cleaning the stairs, which involved inspections at two hourly intervals. However, as the stairs were muddy, this system was clearly not being followed. Our lawyers investigated further and discovered that no inspection had taken place between 10am and 4pm on the day of the accident.

Due to the evidence presented by our team, the venue owners accepted liability for the accident and decided to settle the case outside of court. The injured man was awarded compensation for personal injury and out of pocket expenses.

For free and impartial legal advice regarding your personal injury, please contact Bartletts Solicitors on Freephone 0800 988 3674 or Chester – 01244 405 399 or from a mobile on 0333 200 4465  or email advice@bartletts.co.uk

 

Writing a Will is often seen as a task that can wait until tomorrow – it’s easy to put off as contemplating death is not something most of us like to think about. However, by making a Will today you will gain control of your estate and choose how loved ones benefit from your estate after you’ve gone.

A Will greatly diminishes the emotional and financial strain on your family and friends at an already distressing time. Without a Will, your estate is distributed according to the rules of intestacy, which doesn’t always take into account your personal situation and can lead to loved ones missing out on an inheritance.

Ten Reasons Why Writing A Will Is So Important

1. You Decide What Happens
   Your estate is everything you have and own, including property and valuables as well as liabilities and debt. If you don’t have a Will, you have no say over what happens to your estate as it is distributed according to the rules of intestacy, which can mean loved ones miss out. For example, unmarried couples and step children aren’t acknowledged under inheritance law in England and Wales and won’t automatically benefit from an estate.
2. You Protect Your Young Children
   You can appoint a Guardian in your Will to care for your child or children should you die when they’re still young – you decide who raises your children this way and make sure it isn’t anybody you wouldn’t want to look after them. Otherwise, the courts and social services make the decision over who looks after your children.
3. You Protect Your Children
   If you have Children they won’t automatically benefit from your estate unless it is worth at least £250,000.
4. You Protect Your Loved Ones
   Those you love and want to inherit from your estate are not necessarily your relatives. Without any known blood relatives, your estate will pass to the Crown so it’s important to stipulate just who you want your beneficiaries to be in your Will.
5. You Protect Yourself If Separated
   If you’re divorced, your ex-spouse won’t automatically inherit from your estate if you die without making a Will. However, if you’re informally separated and without a Will, your ex-partner may be in line to inherit.
6. You Protect Yourself If Cohabiting
   Individuals cohabiting are not currently protected in law in the same way married couples and those in civil partnerships are. If you live with your partner and die without a Will, your partner will only be entitled to the items you own jointly and cannot inherit under the UK intestacy laws, although he or she is entitled to apply to the court for financial provision from the estate if relevant.
7. Your Protect Your Family If You Die When Your Spouse Does
   In the unfortunate event both you and your spouse pass away at the same time, such as in a road accident, the law states who ever’s oldest is said to have died first – something that can have consequences for those left behind. If you’re said to have died first, your estate may pass to your spouse and his or her family could then benefit instead of your family.
8. You Protect Your Family From Further Upset
   Coping with the loss of a loved one is a traumatic and stressful time, and the absence of a Will makes matters much worse for family members as the distribution of your estate could lead to disagreements and upset.
9. You Protect Your Family From Paying Too Much Inheritance Tax
   As an individual now has the benefit of an additional inheritance tax allowance, you could benefit from an inheritance tax threshold of up to £425,000.  This amount can be transferred between spouses and you can gift a UK registered charity without inheritance tax being liable – so there are plenty of steps you can take to keep the inheritance tax bill on your estate to a minimum. You can state in your Will that your property is to pass to your children, for example, or you can gift loved ones at least seven years before you die, which means there is no inheritance tax to pay on it.
10. You Provide Peace Of Mind For All
    Making a Will enables you to state clearly how you want your possessions to be divided when you die, including deciding who inherits certain pieces of jewellery and sentimental items. You should review your Will fairly regularly to ensure it reflects your current situation and that you continue to protect your family and loved ones, today and long after you’ve passed away.

Our Wills and Probate solicitors can help you write your Will, one that best reflects your personal circumstances and wishes. For legal advice and guidance regarding your Will, please contact Bartletts Solicitors Hoole office on 01244 311 633 or from a mobile 0333 200 4465 or email advice@bartletts.co.uk

 

 

The Lord Chancellor recently announced changes to the way personal injury compensation payments are made for victims of serious and life-changing injuries, by reducing the Discount Rate from 2.5 percent to minus 0.75 percent.

Lump sum personal injury compensation payments for the most serious of injuries are adjusted according to the interest victims can expect to receive by investing the amount in low risk investments – the reason for this is to ensure victims are supported in their current and future situations and can continue to live independently.

Why The Rate Change?

The rate hasn’t been changed since 2001 when the economy was in a stronger position. Nowadays, investments rarely achieve a 2.5 percent level of return, leaving victims struggling to make ends meet and finding it even harder to live an independent life.

Commenting on the announcement made by Elizabeth Truss on 27 February, Trevor Morris, Personal Injury Solicitor from Bartletts Solicitors, says: “A review of the rate is long overdue and one of the failures of the system is that rates are not reviewed frequently, say on an annual basis, so when they are reviewed the effects can appear quite stark on the face of it.

“The change to the Discount Rate is welcomed and it means that people who suffer severe life-changing injuries can now be assured that the compensation needed to look after them is calculated correctly and is sufficient to provide care for the rest of their lives. They are the most serious injuries which are life-changing and normally mean the injured person requires a 24-hour care regime, requires specialist accommodation and is no longer able to work.

“Such injuries do not occur solely from road traffic accidents (RTAs) as is portrayed in some media reports but also result from accidents at work, accidents in public places, and clinical negligence following inadequate medical treatment. There are only a few thousand of these cases every year but they have a catastrophic effect on the individuals and their families so it is quite right that they are properly compensated.”

The Fairest Way To Compensate?

There is likely to be an increase in compensation payments as a result of this new Discount Rate, as well as a big impact on the insurance industry and the NHS – however, because the compensation calculated by this rate is only for those suffering from severe personal injuries, the effects should be manageable.

At the time of making the announcement, the government promised the following:

• A commitment to making sure the NHS Litigation Authority has the necessary funding to cover any increase to hospitals’ medical negligence costs
• The Department of Health will work alongside GPs and medical defence organisations to ensure the right funding is available to meet any additional costs to doctors
• There will be a consultation to consider if the current approach is fair for both claimants and defendants, and to consider options for reform such as an independent body setting the Discount Rate in future

The Chancellor of the Exchequer, Philip Hammond, has met with representatives from the insurance industry to assess the impact of the rate change.

The new rate came into effect on 20 March.

Making A Serious Injury Claim

If you or a loved one is seriously injured in an accident that wasn’t your or their fault, you deserve to be fairly compensated – and that includes receiving compensation for your situation today as well as in the future.

“We want to always ensure individuals who suffer personal injuries are awarded the right level of compensation, one that provides the financial support necessary for ongoing care and loss of earnings – and this rate change promises to do just that, to look after victims of serious and life-changing injuries,” adds Trevor Morris.

For free and impartial legal advice regarding your personal injury, or to discuss the likely implications of the Discount Rate change, please contact Bartletts Solicitors on Freephone 0800 988 3674 or email advice@bartletts.co.uk

 

 

When you are operating equipment at work, your employer is responsible for ensuring that everything is properly maintained and safe to use.

Workers in catering and hospitality industries are particularly susceptible to risks in the working environment, as they frequently handle cooking and food heating equipment at high temperatures and from different power sources.

When an employer neglects these responsibilities, an accident at work can be waiting to happen.

This was the case for one woman who came to see Bartletts specialist personal injury solicitors in Wrexham.

The 35-year-old woman worked in a busy restaurant kitchen and was using an electric grill to cook food. Unfortunately, the equipment had not been properly maintained causing a wire to become exposed. The woman inadvertently touched the wire and received an electric shock.

The pain and surprise of the electric shock caused the woman to sharply jolt her arm away from the wire, which lead to pain up her arm and into her shoulder. The woman also experienced heart palpitations and suffered from shock from the traumatic experience.

The kitchen worker was rushed to hospital where an ECG monitor was used to check her heart. Once the doctors established that she was in a stable condition, she was discharged from hospital to rest and was given painkillers to ease the pain in her shoulder and arm. The woman had to take one week off work to recover.

When the woman came to see Bartletts expert personal injury solicitors in Wrexham, she was still suffering from pain in her shoulder. Our solicitors established that the woman’s employers were liable for the accident for failure to correctly maintain equipment, and successfully claimed against them for compensation for personal injuries and compensation for loss of earnings.

Make a free compensation enquiry today.

For specialist advice on your personal injury claim, call us now on 01244 752 999 or complete a Free Online Enquiry and we will soon be in touch.

“…I would like to say since you have been fantastic. Since taking over my claim, you always kept me well informed and explained everything thoroughly and I was never left feeling I did not understand what was going on. Thanks again – Syreeta