Archives for February 2019

Bartletts specialist personal injury solicitors in Chester recently helped a waitress win compensation for loss of earnings and rehabilitation costs after she suffered a deep laceration to her wrist following her boyfriend’s landlord’s failure to fix the broken pane in a glass door.

The 27-year-old was a lawful visitor in her boyfriend’s flat, which he rented from his local council, when she forgot the glass was broken and went to open the door, putting her arm through the broken pane and sustaining a deep cut to her right wrist.

The broken glass cut through her ulnar nerve in her wrist, causing severe pain and mobility restrictions. It required decompression of the nerve and a carpel tunnel decompression, and left her with scarring on her wrist from the glass and from the surgery. She also suffered minor psychological trauma.

The boyfriend had previously informed the council that the glass in the door was broken. The council’s policy is to perform temporary repairs within 24 hours and to then prioritise a full repair. However, no temporary repair had been carried out within 24 hours.

As she already knew about the broken pane in the door, liability was shared between her and her boyfriend’s landlord. Our personal injury lawyers in Chester successfully argued that the council had failed to take the necessary action to repair the glass in the door and were therefore partly responsible for the accident – the quick resolution regarding liability meant rehabilitation plans were put in place quickly, helping the lady to recover from her injuries.

Thankfully she recovered well enough to return to work, although her wrist remains scarred.

Bartletts personal injury solicitors helped the lady secure the outcome she deserved, and she was awarded compensation for her injury, rehabilitation costs, loss of earnings and care needs.

For free and impartial advice on your personal injury claim, why not contact one of our local solicitors today at Bartletts Solicitors on Freephone 0800 988 3674, email advice@bartletts.co.uk or click the blue button below to make an online enquiry.

Did you know that as a tenant of a rented property you have a legal right to be protected while you’re in the property and your landlord has a duty of care towards you, including keeping you safe while any required work is carried out on the property? And that if you’re let down by your landlord and not kept safe, you may be entitled to compensation for personal injuries?

A 58-year-old tenant, renting from his local council, knows this after being let down by his landlord when work was carried out on his home by contractors – and Bartletts specialist personal injury solicitors in Chester helped him secure compensation for his physical and psychological injuries.

During the tenant’s building works, one of the contractors put his foot through the ceiling which caused parts of the ceiling to fall and land on the tenant below. He suffered a laceration to his head and his pre-existing psychological issues were worsened by the accident, and he needed counselling afterwards to help him recover.

Fortunately, he got in touch with Bartletts personal injury lawyers in Chester and we were able to establish that the local council’s contractors were responsible for the injuries. We helped him to successfully claim compensation for physical and psychological symptoms as well as for his rehabilitation costs.

He has now recovered from his injuries and Bartletts were able to settle the claim out of court to save him any further stress.

If you’ve been the victim of an injury or accident that wasn’t your fault, contact the personal injury experts Bartletts Solicitors. We can give you free advice on making a claim for compensation, so please call today on Chester: 01244 405 399 or Wrexham: 01978 360056 or email advice@bartletts.co.uk

If your child has been hurt in an accident that wasn’t their fault, they are entitled to make a claim for compensation – but need a Litigation Friend who is aged 18 or over to act on their behalf.

Children under the age of 18 are unable to directly instruct a solicitor to act on their behalf. However, a Litigation Friend, usually a parent or guardian, can take on this role to give instructions to the solicitor on the child’s behalf, including when to settle.

What Happens When The Claim Is Settled?

The Litigation Friend gives instructions to the child’s solicitor on when to settle the claim. The Court needs to approve the settlement figure where children are involved, which usually entails a short Court hearing at the child’s local Court and with the child present, age and nature of case dependent.

The Court assesses the evidence before approving the agreed settlement. Any compensation is then paid into the Court Fund Office, and stays there, earning interest, until the child turns 18.

Can I Make A Claim For Injuries Suffered As A Child?

Yes, you can make a compensation claim for injuries you suffered as a child, in an accident that wasn’t your fault. Normally you only have three years from the date of the accident to make a claim for compensation, however for children this three-year limit only starts when they turn 18 – so you have until your 21st birthday to make a claim for injuries sustained as a child.

As a parent of a child who’s been injured in an accident, keep in mind that waiting for your child to turn 18 can make it harder to make a claim as obtaining supportive evidence at a later date will likely be trickier. Also, by making a claim straightaway, you ensure that any specialist medical care or rehabilitation your child needs, is included in the settlement.

How We Can Help With Child Accident Claims

When your child is hurt, seeking medical treatment and doing everything possible to provide the best chance of full recovery, are naturally your immediate concerns. If, however, the accident was caused by someone else’s fault, then you may want to seek compensation on behalf of your child or you can wait until your child turns 18 to decide if they want to claim for compensation – whichever option you choose, our specialist personal injury solicitors are here to provide the advice and guidance you need.

We are experienced at working closely with parents and guardians of children who’ve been injured in an accident that wasn’t their fault, as well as practised at helping adults secure compensation for injuries they sustained as a child.

To speak to one of our professional personal injury solicitors about your child’s injuries or your childhood injury, and for advice on making a claim for compensation, contact us on 0800 988 3674 or email advice@bartletts.co.uk

Probate is the process of administrating a deceased person’s estate and can be complex – which is why you should be cautious if you are thinking about obtaining probate to an estate without professional legal advice.

“DIY probate may save on Solicitors’ fees in the short-term but it is not always the cheapest option in the long run,” warns Nina Sperring, Solicitor at Bartletts Hoole office.

“By acting as Personal Representative, either as Administrator when there is no Will, or as an Executor if there is a Will, you are personally liable for any mistakes or if correct procedures have not been followed. This can also result in significant costs or substantial legal claims against the estate.”

“By using the services of a specialist Solicitor, you’ll not only have peace of mind but also help and advice at every stage of probate, to help prevent potential problems arising.”

What Is Probate?

Probate is a document that gives the Personal Representative legal powers to manage the estate and ensure assets are distributed according to the deceased person’s will.

What is DIY Probate?

It is possible for an individual to deal with the administration of the estate themselves, obtaining probate and distributing the estate accordingly, without the help of a Solicitor. However, DIY probate does come with some risks.

What Are The Risks Of DIY Probate?

Probate is not always straightforward and can involve complex forms and processes. Personal Representatives can get themselves into difficulties if the estate’s assets are incorrectly distributed for example, if tax issues have not been addressed or correctly dealt with, or if there are any legal disputes over inheritance from beneficiaries or those who feel they should have benefited from the estate.

How A Solicitor Can Help With Probate

A solicitor will support you through the probate process, which is helpful as wills are often complex.

As a guide, the benefits of using a solicitor and not opting for DIY probate, include help with:

• Valuing assets and liabilities and ensuring there are no tax implications at a later date (for example Capital Gains Tax)
• Filling in an Inheritance Tax Return (needed even if there is no tax to pay)
• Submitting a Grant of Representation to the Probate Registry
• Negotiating with HMRC and paying tax owed on the estate
• Negotiations with friends and family if any disputes
• Setting up any trusts detailed in the will

How We Can Help With Probate

Our professional Wills and Probate solicitors will talk you through the entire process, helping you at every stage – this includes providing advice and support with all forms and negotiations along the way.

We will provide you with total peace of mind, and you will be able to fulfil your duties as Personal Representative and to maximise on the value of the estate.

To speak to one of our specialist solicitors about our probate services, contact us on 0800 988 3674 or email advice@bartletts.co.uk