When an accident leaves you unable to go to work, you may be able to make a claim for loss of earnings. This is what happened when our expert personal injury solicitors were recently able to secure compensation for loss of earnings for a woman who was hit by a car.

The woman, a waitress in her late twenties, was on her way to pick her child up from school. She was walking across a road when a car pulled out of a side street and went straight into her, knocking her to the ground.

The driver stopped and phoned the police and an ambulance.  The ambulance service denied response but the police arrived to assist.  Unfortunately, the police report was unfavourable as they supported the driver who said that the woman ran out into the road.  There were no witnesses to support the woman’s case and nothing more was done.

The lady came to Bartletts expert personal injury solicitors in Chester as she had been suffering from spinal injuries which were making it difficult for her to work.  She had been off work for two months because of the pain and had missed out on a promotion.

Our team organised for the waitress to see a spinal surgeon and a psychiatrist for medical reports.  An MRI scan of her back, neck and spine found that she had a prominent Schmorl’s node which the radiologist said was ‘likely to be trauma related’ and had been caused by the accident.

Our solicitors successfully made a claim against the driver’s insurance company for compensation for personal injury, compensation for loss of earnings, the cost of medical treatment and a course of cognitive behavioural therapy the woman was given.  The woman received £12,000 in compensation and luckily, after five to six year, she no longer suffers from spinal pain.

Bartletts Solicitors is campaigning against the Government’s proposals to make it harder for individuals to claim compensation for personal injuries.

We have joined forces with other solicitors and the Law Society to stop the Government’s plans to increase the small claims limit for personal injury claims, making it harder for victims to access justice in the process.

The Government wants to raise the small claims limit for personal injury claims from £1,000 to £5,000 or possibly even as much as £10,000, and to stop or drastically cut compensation payments for minor injuries caused by road traffic accidents, such as whiplash.

The Government’s Plans

On 17 November, the Ministry of Justice published a paper entitled Reforming The Soft Tissue Injury (“whiplash”) Claims Process.

This paper outlines a number of proposals including the suggestion that whiplash claims could be banned or a limit placed on pay-outs of £425, compared to the current compensation average amount of £1,850.

Presented as being about motor insurance premiums, with insurance companies promising to pass on savings of around £40 to motorists if this law change is enforced, these proposals will impact on compensation claims for those injured at work and not only those who are the victims of road traffic accidents.

Proposals By The Government

The Government intends to:

• Increase the small claims limit for personal injury claims to £5,000, from its current level of £1,000
• Stop or cut the compensation payments for whiplash and similar minor soft tissue injuries, following road traffic accidents, capping it at £425
• Introduce a tariff system for compensation, for injuries more serious than whiplash
• Insist on medical reports from an accredited expert being seen before any compensation can be paid

Why We’re Campaigning Against These Proposals

If the law is changed and the small claims limit is increased for personal injury claims, or whiplash claims are stopped or significantly reduced, then it is the victims of road traffic or workplace accidents who will suffer despite being injured due to another party’s negligence.

If approved, the new law will be widespread and not just apply to road traffic accidents but to workplace accidents and accidents in public places as well.

Small claims courts are designed to deal with low-value cases like faulty goods and shouldn’t be expected to handle personal injury claims up to a value of £5,000. This means injuries such as a broken arm will be treated in the same manner as a claim for a faulty domestic appliance – and this is not a fair system. It will create a ‘David – v – Goliath’ situation where an individual will be expected to fight against an insurance company without the benefit of legal representation.  In our opinion this will mean that injured individuals will face an uphill struggle to obtain compensation.

This proposed limit increase will leave victims without solicitor representation, and in many cases without the opportunity to make a claim against the individual or insurance company for the compensation they’re entitled to. Individuals will be faced with the choices to represent themselves or to pay for legal representation from any damages awarded, or to not proceed at all.

If these plans go ahead, it will impact on those who suffer an injury, either in a road accident or at work.

Accessing legal advice with regard to making a claim for compensation for a personal injury caused by someone else’s negligence is an option everyone should have – and this is why we are campaigning against the Government’s proposals. Consider this – how fair is it that it will be possible to make a claim for a delayed flight but not for soft tissue injuries following an RTA if the Government is able to press ahead with these reforms.

The deadline for campaigning was 6 January and we continued to campaign right up until this date and will continue to do so to persuade the Government to change its plans.

 

When a cyclist was knocked off her bike by a hit-and-run driver Bartletts specialist personal injury lawyers in Wrexham helped her win compensation from an untraced driver through the Motor Insurer’s Bureau.

The 21-year-old beautician was cycling home from the gym when she was knocked off her bike by a car. The driver failed to stop at the scene, and instead drove off at such speed that no details could be taken. The incident was witnessed by a third party and reported to the police.

The cyclist was not only in shock, and seriously shaken by the incident but was also in a severe amount of pain. An ambulance was called to the scene and she was taken to the accident and emergency department of the local hospital. She was x-rayed and diagnosed with a broken wrist. She had to undergo surgery to have some metal plates inserted into her wrist to repair the bone damage. She needed intensive physiotherapy after the surgery to help improve the wrist function and was unable to work for some time while it healed.

The Motor Insurers Bureau was set up by the car insurance industry to help victims of accidents from uninsured and untraceable drivers.  This help extends to all types of victims; including motorists, cyclists, motor-bikers and pedestrians. Our solicitor made a claim on the cyclist behalf under the Untraced Drivers Agreement, for compensation against the hit-and-run driver. The Motor Insurer’s Bureau investigated the case and admitted liability on behalf of the untraced driver.

Bartletts expert personal injury solicitor then negotiated a substantial figure as compensation for personal injuries, pain and suffering, and loss of earnings on the cyclists behalf. We were also able to recover an amount to cover the gratuitous care she had received as well as compensation for the damage to her bicycle and clothing.

When a wedding guest slipped over outside a church and was injured, Bartletts Solicitors helped him win compensation and get him back on her feet.

The 65-year-old man was attending a family wedding at the church. It had been raining on the morning of the wedding and the steps of the church, which were covered in moss, were still wet. The wedding group came out of the church to stand on the front step for photos. The gentleman lost his footing and slipped on the wet, mossy step and fell.

The gentleman put out his hand to stop his fall, and landed on his hip. She was in a considerable amount of pain and was taken to the accident and emergency department of the local hospital by another wedding guest. He was diagnosed with a sprain to his wrist and injuries to his hip. Subsequently he was administered steroid injections to ease the swelling and pain.

The fall was captured on video camera by the wedding photographer, who happened to be taking a video at the time. The footage clearly showed the gentleman slipping on the moss on the step. Bartletts specialist personal injury lawyer was able to use this video footage as evidence in the claim.

When he came to see one of our expert personal injury lawyers in Chester, the lady was still in a lot of pain and was continuing to receive steroid injections as part of his rehabilitation. He was unsure who was responsible for the accident. We helped him make a claim for personal injury compensation under their public liability insurance from the church’s insurance company.

We successfully secured compensation for personal injuries and compensation for clothing damage to his wedding suit, as well as reimbursement of his medical costs.

Nursing homes and care homes look after some of the most vulnerable members of our society, which is why they are legally required to provide high standards of care.

A lack of care or neglect in nursing homes can lead to residents suffering injury and illness, with sometimes fatal consequences.

Thankfully the majority of nursing homes do provide excellent care, ensuring the environment is safe and that qualified staff are always on hand to assist – but when residents are let down by poor practice, mistakes, lack of care and even abuse, care home neglect has devastating consequences.

Nursing homes have a duty of care by law and if residents are not cared for at an acceptable level, you may be able to pursue a nursing home negligence claim for the pain and anguish caused.

Nursing Home Neglect: Understanding Your Rights

Many individuals who live in a nursing home are elderly or frail or vulnerable with specific care needs due to physical disabilities, learning difficulties, or dementia. Every resident is reliant to a small, large or total extent on staff to take care of them and to help them with day-to-day activities including bathing, dressing, eating and taking medication. This is why care homes are heavily regulated to ensure the standards of care provided is high.

Loved ones should expect to be cared for by nursing homes and be kept happy, safe and comfortable whilst living there. If this has not been your experience, you should contact our experienced personal injury solicitors today for advice on making a nursing home negligence claim.

Nursing Home Neglect: Making A Negligence Claim

If a loved one has suffered as a result of neglect in a nursing home, we are here to help you claim compensation and secure for them the care they deserve.

Many nursing home accidents and injuries could have been prevented if the legal regulations had been adhered to. Our personal injury solicitors understand just how stressful and distressing making a negligence claim is, as the trust you gave the nursing home to provide the care to your relative has been broken.

We will work tirelessly to establish the evidence of neglect needed to support your case. And manage the whole claims process, providing advice and support for you and your family throughout.

Nursing Home Neglect: Types

Neglect in care homes ranges from a lack of supervision and care through to physical or psychological maltreatment.

Types of nursing home neglect include:

• Incomplete care plan for the individual
• Lack of staff on duty and poor supervision
• Insufficient provision of food and drink
• Medication errors
• Emotional or physical abuse
• Poor levels of hygiene
• Failure to prevent bedsores
• Incorrect handling of residents

Nursing Home Neglect: What Can You Do?

If you suspect mistreatment or neglect of a loved one in a nursing home, you can do something about it. You may be able to talk to your relative and ask if they’re happy with the care they’ve been receiving. However, it may be your relative has dementia, a learning difficulty, or is too frail to understand his or her situation, and you may need to decide for yourself if there is potential neglect and there are grounds for making a negligence claim.

It may be you’ve noticed your loved one has pressure sores, bruises from a fall, seems subdued, or has been given the wrong medication – whatever the cause of your alarm, we are here to help so call us on 0800 988 3674 to discuss your concerns with one of our expert personal injury solicitors.

We provide free and impartial advice to help you decide whether to pursue a claim of compensation against the care home – and will support you at every step of the way if you choose to go ahead with a negligence claim.

Nursing Home Neglect: We Can Help

Negligence claims, especially those involving vulnerable individuals, is a complex area of the law and making a claim may seem daunting. However, our professional personal injury solicitors have the experience and knowledge together with a friendly, sensitive approach to make sure the claims process is straightforward and as stress-free as possible for you and your loved ones.

We will work hard to prove the minimum standards of care expected from the nursing home were not met and that the home was negligent as a result. Whether your relative suffered an injury such as a fracture, pressure sore or head injury, as a result of a care home accident due to negligence, or has been left feeling emotionally affected by the experience, your solicitor will ensure your relative receives the level of compensation they deserve.

We will consult medical experts to assess your relative’s injuries and the right treatment for them as well as decide on any ongoing physical or psychological treatment needs, to ensure the compensation pays for the medical care necessary for a speedy recovery as well as to help your loved one regain their confidence and dignity.

We work closely with police and social services in nursing home negligence claims and will do so if needed in your case.

Whilst it’s undoubtedly a difficult decision to make a claim, it’s important to remember that by doing so you protect not only your relative but others in the future from suffering a similar fate.

With our help, you can help to stop your loved one’s neglect and make a claim for compensation to help him or her recover and to start living their life to the fullest once more – with confidence, happiness and the care they deserve.

For professional, confidential advice regarding your relative and whether you have grounds for making a nursing home negligence claim, please contact our solicitors on 0800 988 3674 or email advice@bartletts.co.uk

Personal Injury Law is an area that has changed a lot over the past few years, and has been the subject of reform by the coalition government from 2010 to 2015. However, when handled professionally and with the utmost integrity, personal injury claims cases are vitally important to the lives of many people and can be a lifesaver for some individuals.

This is why it’s important to select your personal injury solicitor carefully and not be swayed by great promises made by uninformed companies.

What To look For In A Personal Injury Solicitor

You want a personal injury solicitor you can trust, with an established track-record of working to the highest professional standards and of securing compensation for clients who’ve been victims of accidents or illnesses.

When a solicitor acts on your behalf to make a claim against an individual or a company at fault for your personal injury, he or she has an incredibly important job to do – as the compensation gained can make a big difference to your quality of life and to getting your life back on track.

When You Need A Personal Injury Solicitor

People need personal injury solicitors for a wide range of reasons but always when they have been the victim of an accident or illness caused by somebody or some organisation’s fault or negligence.

Regardless of whether the injury is relatively minor or short-term – such as whiplash, food poisoning or a sprained ankle from a fall – or the injury is more catastrophic or life-changing – such as a head injury, paralysis due to medical negligence or asbestosis – if the accident happened through no fault of your own, you have the right to claim compensation for your experience, to help you recover and plan for the future.

Our Personal Injury Services

We have always strived to secure the best possible outcome for our clients, based on evidence and hard work – and always will.

Bartletts Solicitors has been providing legal services since 1860. We are trusted by our clients to provide a professional, sensitive and knowledge-based approach to all legal matters – and Personal Injury Law is no different.

Over the decades, we have represented victims of different accidents, illnesses and unfair treatment – be it on the roads, at work, on holiday or simply walking down the street. Our specialist personal injury solicitors have experience of representing victims in a wide range of cases and causes, including medical negligence, road accidents, accidents at work, industrial diseases, head injuries, children’s accidents, trips and falls, holiday accidents, and animal attacks.

Why You Can Trust Our Personal Injury Solicitors

We provide this legal service to genuinely assist people who have suffered an injury due to someone or some organisation’s fault or negligence. The law is complex for personal injuries and the cases are always highly sensitive, which is why we adhere to the highest standards of professionalism and integrity.

Our reputation for helping victims gain justice and secure the means to rebuild their lives has been established over many decades and through handling numerous cases successfully.

We work in Personal Injury Law to make a real difference to people’s lives. Happy clients make us happy and over the years we have built strong relationships with our clients as well as gained accreditation from industry bodies such as the Motor Accident Solicitors Society (MASS).

When we take on cases and secure compensation for victims of accidents or illnesses, people can rebuild their lives, overcome trauma and relieve the financial burden on them and their loved ones. This is why our personal injury solicitors work so hard – to right the wrong caused by an accident and to empower the individual to get their life back on track.

This is why we’re proud of all the people we help and support to gain compensation.

For advice and guidance regarding a personal injury or simply to find out more about our legal services in general, please contact our solicitors on 0800 988 3674 or email advice@bartletts.co.uk

If you are involved in a dispute about a road traffic accident, it is good to know you have excellent legal representation at your side. Bartletts personal injury solicitors in Wrexham have a proven track record of successful outcomes at court.

We recently helped a plumber who was involved in an accident at a roundabout, win his case at court and get the compensation he deserved. Our expert personal injury lawyer was at his side every step of the way, right from the first appointment to the court hearing.

The 35-year-old plumber was driving home from work when another vehicle changed lanes and collided into his car. The plumber was taken to hospital and was in a lot of pain after the accident, having suffered injuries to his neck, back, shoulders and knees. He needed a course of physiotherapy after the accident to help him regain full mobility.

The plumber came to see one of Bartletts specialist personal injury lawyers when the other driver would not admit his actions and instead claimed that the plumber had changed lanes and caused the collision. The case went to court, and our lawyers were able to prove that the accident was not the plumber’s fault. The judge agreed and ruled in favour of the plumber.

Bartletts successfully secured compensation for personal injuries, compensation for pain and suffering and the costs of physiotherapy, and compensation for vehicle damage.

 

 

A record number of properties sold this year have exceeded the inheritance tax (IHT) nil-rate threshold for an individual of £325,000.

New research into property sales acquired from the Land Registry in the first seven months of 2016, as carried out by Saga Investment Services, has revealed more than a quarter of properties sold in England and Wales exceeded the inheritance tax nil-rate band.

There has been an increase from 24% of property sales exceeding £325,000 in 2015 to 26% so far in 2016, up from just 13% in 2009. This year is currently on course to hit a record high of houses selling above the inheritance tax nil-rate band.

Research Reveals One In Four Property Sales Exceeded IHT Limit

From the 105 postcode areas in England and Wales included in the analysis, London properties saw the largest growth in prices, with 82% of central London properties selling above the inheritance tax nil-rate band of £325,000. Inner and outer London combined saw more than 72% of property sales exceeding the nil-rate band, up from 65% in 2015.

Overall, one in four properties sold in the first seven months of 2016 exceeded the inheritance tax limit. There was even a slight rise in the number of houses selling for more than £650,000, up from 5.4% in 2015 to 5.8% in 2016.

A New IHT Limit Set For 2017

This research comes six months before the government plans to introduce a new additional nil-rate band for individuals leaving their main home to a direct descendant. From 6 April 2017, in addition to the existing nil rate band of £325,000 an individual  will be able to pass on an additional £100,000, known as the ‘main residence nil rate band’.

The new allowance will be £100,000 in 2017, rising each year until it reaches £175,000 in 2020 when people will be able to leave £500,000 to a descendant.

Help With Inheritance Tax

Inheritance tax is complex and you should speak to a professional regarding the tax-efficiency measures available that could enable your loved ones to inherit more.

Our Wills and Probate professionals can advise you on all your inheritance tax concerns, including how to make the most of the new IHT nil-rate band coming into effect from April 2017.

For advice and guidance on all aspects of planning for your future, please contact our Hoole office on 01244 311 633 or freephone 0800 988 3674 or email advice@bartletts.co.uk

Making a Will

Making a Will is something most of us think about doing but many of us fail to actually do – and the consequences can be severe. Did you know that dying without a Will means having no say over what happens to your property and possessions?

If you die and don’t have a current Will, your estate is dealt with according to the rules of intestacy rather than according to your wishes. This can mean loved ones don’t inherit and can create more stress and financial strain for your family at an already distressing time.

More than two in three individuals don’t have an up-to-date Will, according to recent surveys, which means that more than two-thirds of us run the risk of dying intestate and having no control over the distribution of our estates.

Your estate is everything you own and have, including property and valuables as well as liabilities and debt.

What Does It Mean To Die Without A Will?

If you die without a Will, loved ones may not inherit as the rules of intestacy can be unfair and fail to consider your personal circumstances. For example, under inheritance law in England and Wales,  unmarried couples or step children are not acknowledged, so partners and step children would not automatically inherit.

The consequences of not making a Will can be devastating for family members – and for you.

Without a Will:

• You have no say over what happens to your assets, including property
• If you co-habit, your partner won’t automatically inherit
• If you’re married, your spouse may not inherit as much as you wish
• Your family and loved ones could face additional time delays, costs and stress
• Disagreements are more likely to arise among family members, especially those who won’t inherit under the rules of intestacy
• You will likely pay more inheritance tax
• If you have no surviving relative who can inherit, your estate passes to the Crown

Why Make A Will?

You should make a Will to ensure your loved ones are taken care of after you’ve gone.

Making a Will gives you control over what happens when you die – you decide how your possessions, including property and jewellery, are to be divided amongst family and friends. You can choose to leave individual items to certain people and arrange for charities close to your heart to benefit also.

Furthermore, you can appoint a Guardian to care for your children should you die when they’re young, and can appoint Executors to carry out your wishes.

How Do I Make A Will?

Our Wills and Probate team at Bartletts Solicitors has extensive experience and knowledge of the law. We will take the time to understand your individual situation and exactly what you’d like to happen to your estate, and advise you and help you to write the most effective Will for you and your loved ones.

Furthermore, we can help you plan ahead to minimise inheritance tax on your estate so your loved ones can inherit the most as a result.

With our help, your Will shall express your every wish and make sure your loved ones are provided for long after you’ve gone.

For advice and guidance on making your Will, please contact our solicitors on 0800 988 3674 or 01244 311633 email advice@bartletts.co.uk

 

Wherever you work, it is the responsibility of your employer to make sure that your working environment is safe.  This duty applies to all areas of your workplace, including vehicles, outbuildings and temporary working areas.  However, if your employer ignores a health and safety concern, an accident at work can be waiting to happen, for which they are responsible.  This is exactly what happened to one woman who came to see Bartletts specialist personal injury solicitors in Chester. 

The 26-year-old was busy working in the back of a works trailer.  The floor of the trailer had previously been damaged.  This had been reported to the employer, but had not been repaired.  While working, the claimant foot caught in the trailer bed and the claimant fell out, landing on the claimant’s outstretched arm and wrist.

The claimant was rushed to the accident and emergency department of the local hospital and an x-ray diagnosed a broken wrist.  The claimant subsequently needed seven operations to the wrist, followed by extensive physiotherapy.  Notwithstanding the claimant has been left with permanent damage, with 24 per cent residual disability in the wrist and the chance of early arthritis.

When the claimant came to see Bartletts Solicitors, the claimant was devastated as the claimant had been passionate about the job, but due to the permanent damage to the wrist, was unable to return to work.  The claimant has since retrained and now works in the education sector.

As the claimant had been left with permanent damage to the dominant left hand, our solicitors helped the claimant to get various home aids, including a lightweight hoover and gadgets to open tins, to help make life as normal as possible.

Our expert personal injury solicitors in Chester worked with the woman for seven years and were able to help her every step of the way through her recovery, arranging seven surgeries in that time, as well as physiotherapy to keep her as healthy as possible.

Our solicitors established that the claimant’s employers were liable for the accident and made a claim against them for compensation for personal injuries, compensation for a loss of earnings and pension and compensation for future re-training for an alternative career. 

Bartletts were successful in securing a significant amount of compensation from the employer’s insurance company. 

Our solicitors were also able to secure compensation for private surgery and rehab, care and assistance after each operation and for any future difficulties the claimant may experience.

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.