Bartletts Solicitors

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Compensation for deliberate car crash whiplash injury

When you get into a car as a passenger, the driver has a duty of care towards you, and is responsible for your safety while you are in the car. If the driver causes an accident, you could be entitled to claim compensation for personal injuries like whiplash injury.

Bartletts, specialist personal injury lawyers in Chester, recently helped a young woman who was injured in a deliberate car crash secure a high level of compensation.

The 25- year-old got into the car in good faith, but the driver began driving erratically and swerving the car off the road. Eventually the car ran out of control and hit a wall. The majority of the impact was on the front passenger side of the car, where the lady was sitting.

An ambulance was called to the scene of the accident and she was taken to the local hospital to be examined. She was in a lot of pain and had suffered extensive injuries to her neck and back. She had soft tissue bruising consistent with whiplash injuries.

While she recovered from her injuries, the lady came to see one of our experienced personal injury solicitors, who quickly established a claim for compensation from the driver’s insurance company. Our lawyer recognised that the lady needed some counselling after the trauma of the accident and arranged an interim payment as funding for cognitive behaviour therapy for three months.

The insurance company initially made a very low offer of settlement. The lady took the advice of our tenacious lawyer and refused the offer. We proceeded to make an application for the claim to be heard by the court, and a trial date was set. Just before the date of the trial, the insurance company offered a settlement figure of more than three times their initial offer, which we were pleased to advise the lady to accept.

With Bartlett’s help the young woman made a full recovery and secured more than three times as much compensation for personal injuries than she was initially offered.

Call Us Free 0800 988 3674 or from a Mobile on 0333 200 4465 or via email advice@bartletts.co.uk

 

Pensioner’s pavement trip compensation

When an 80-year-old pensioner was injured by falling on a defective paving slab, he turned to Bartletts expert personal injury solicitors in Chester to help him with claiming compensation from the council for tripping on pavement.

The pensioner was on a routine shopping trip, walking from his home to the local shops, when he tripped on a raised paving slab. He fell to the pavement and gashed his face and hands. Helpful passers-by came to his aid and called an ambulance which took him to the local hospital. The gentleman was examined and x-rayed. He had suffered a serious shoulder injury and torn the rotator cuff in his shoulder, which was to be an ongoing injury. The cut on his face was stitched up but left a permanent scar.

When the gentleman came to see one of our specialist personal injury lawyers in Chester, we set about gathering evidence from the scene of the accident and found that the pavement had still not been repaired. We also commissioned a medical report on the pensioner’s injury and prognosis, and gathered detailed costs on the extra care and assistance he needed as a result of the accident.

When our lawyer submitted all the evidence we had gathered to the council, they admitted they had failed to repair the pavement defect within an appropriate time. The council’s public liability insurance company made an initial offer of compensation, which our lawyer advised to reject as it did not reflect the level of injury suffered.

Our lawyer pressed ahead and issued court papers to apply for a trial. In response, the insurance company trebled their offer of compensation which we advised the gentleman to accept. Bartletts successfully secured the compensation for personal injuries he deserved, as well as compensation for care and assistance costs.

The gentleman continues to stay in touch with Bartletts and regularly pops into the office to say hello.

If you need help with claiming compensation for an accident or injury that wasn’t your fault contact us

Call Us Free 0800 988 3674 or from a Mobile on 0333 200 4465 or via email advice@bartletts.co.uk

 

What Happens If You Have An Accident On Holiday?

When you’re planning a trip abroad, the last thing you want to think about is what happens if you have an accident and suffer an injury. However, by taking the time to think things through before you go, just in case, you could save yourself a great deal of stress, effort and worry should the worst happen.

The main thing to note is that in the majority of cases, a compensation claim for an accident abroad can be made when you’re back in the UK and shouldn’t need to be made abroad. This is because tour operators, hotels, car hire firms, and holiday-related companies all have a duty of care to ensure you are kept safe during your time away from home.

Before You Go On Holiday

EHIC Card

Before going abroad, make sure you have a European Health Insurance Card (EHIC) and that you understand just what this gives you – or you could face unexpected hospital treatment bills following an accident on holiday.

An EHIC Card is not a substitute for travel insurance, and you should have both before leaving the country.

The card is free to most UK residents and entitles you to the same level of medical care that locals are entitled to, depending on your location in the EU. It can be used in all 27 EU countries, but not in Turkey or any other part of the world.

Unlike the UK which has the NHS, many countries don’t have free healthcare systems, which is why hospital care abroad can be costly – but having the card means some care is free or provided at a lower cost.

After Your Accident Abroad

Note Details

Should you suffer an injury during your holiday, whether caused by slipping at your hotel or being involved in a road traffic accident, there are a few things you can do to make it easier to claim when you’re back home – including jotting down the details of the accident.

If possible, take photos and if possible a video and make notes. This includes writing down how you feel, what happened, and describing your injuries. Photographic and video evidence is often invaluable in these cases as it can be very difficult to obtain this type of evidence in the future from far flung destinations.

Find Witnesses

Try to get the names and addresses of anyone who witnessed the accident.

Keep Receipts

Make sure you keep all receipts related to your medical costs and associated costs, including any flight changes, taxi rides to hospitals, healthcare costs while abroad, and medication charges.

Seek Professional Advice

When you’re back in the UK, contact a specialist solicitor who has experience of claiming compensation for accidents abroad. Most of the time you’re able to pursue a compensation claim in the UK for an injury suffered in an accident overseas, and your solicitor will be able to advise you on the best way to proceed

Travel law is complex but Bartletts Solicitors will make it straightforward for you, ensuring you receive the compensation you deserve. To speak to one of our solicitors, please call us on 0800 988 3674 or email advice@bartletts.co.uk

Compensation for injury from fork lift truck

When a warehouse operative was injured at work by a fork-lift truck, Bartletts expert personal injury lawyers in Chester helped him secure the compensation he deserved.

The 45-year-old warehouse manager was kneeling on the floor sorting stock in the warehouse when a colleague reversing a fork-lift truck ran into him. The truck ran over his lower leg, crushing the ankle under its weight. The warehouse manager was in excruciating pain and had to be taken to the accident and emergency department of the local hospital.

At hospital, his leg was examined and x-rayed. He was diagnosed with soft tissue damage and crush injuries to the bones in the ankle. He was unable to walk unaided, and needed to use crutches for three weeks. He received a course of physiotherapy from the hospital to help him with his mobility. It took him three months to fully recover from the injury.

When the gentleman came to see one of Bartletts specialist personal injury solicitors, he had been in considerable pain and unable to work for some time. We quickly commissioned medical reports on his condition and prognosis.

We then established that the warehouse manager’s employer was vicariously responsible for the actions of their employee that caused the injury. We swiftly secured an advantageous settlement from the employer’s insurance company as compensation for pain and suffering, and compensation for loss of earnings.

 

 

Compensation for carbon monoxide poisoning

Carbon monoxide is a deadly gas, which if exposed to can lead to headaches, nausea and even death. In the home, common culprits of carbon monoxide leaks are gas boilers and fires. In rented properties, landlords are required to have gas appliances checked every year and certified safe by a qualified engineer.

Landlords have a duty of care to their tenants to ensure that they are safe in their rented accommodation. If this duty of care is breached, and the tenants have suffered an injury or damage to their health, then you are entitled to claim compensation for personal injury from your landlord.

Bartletts personal injury solicitors in Chester, recently secured a high-level compensation settlement for a family who were unwittingly exposed to a high dose of carbon monoxide in their rented property.

The family, consisting of two adults and their two children had rented their home from a private landlord. The landlord had instructed an engineer to carry out a service to the gas boiler at the property. However, the service was not carried out properly and the boiler released carbon monoxide into the tenants’ home.

The family all suffered headaches, fatigue and sickness and were all taken to the accident and emergency department of the local hospital, where an investigation was carried out. The doctors took a blood sample from each member of the family. The results revealed higher than normal levels of carbon monoxide in all their blood streams.

Bartletts Solicitors experienced personal injury lawyer quickly established the case against the landlord. Our tenacious lawyer then negotiated a settlement figure for each individual member of the family from the landlord’s insurance company to give them the compensation they deserved.

After Disinherited Daughter Awarded Inheritance, What Does This Case Mean For You?

A recent landmark case has seen a disinherited daughter successfully claim against her mother’s estate and be awarded an inheritance. So what does this signify for you?

The good news is that, despite the alarm this case has naturally caused, not much has changed when it comes to the law of wills and inheritance. Close family members, including spouse, children, or dependants of the deceased, are still able to make a claim if “reasonable financial provision” has not been made for them in the will.

However, this case does highlight the importance of making a will – and using a professional to do so, to help ensure it is as watertight as possible, should anyone make a dependency claim at a later date.

Landmark Case

This case saw Mrs Ilott successfully claim against her mother, Mrs Jackson’s Will, and be awarded an inheritance of £164,000 from the £486,000 estate. This was despite Mrs Jackson leaving a Will that clearly stated she did not want her daughter to receive any part of her estate, and the fact her daughter was an adult and had not been financially dependent on her mother.

Mrs Jackson and Mrs Ilott had been estranged since Mrs Ilott eloped at the age of 17 with her boyfriend. In her 2002 Will, Mrs Jackson chose to leave her estate to three animal charities.

Following Mrs Jackson’s death in 2004, Mrs Ilott embarked on an eight-year legal battle which saw her awarded £50,000 under the Inheritance (Provision for Family and Dependants) Act 1975. This decision was later reversed when Mrs Ilott applied for a larger sum, before the Court of Appeal ruled in her favour in 2011. When she returned to the High Court to claim a greater amount, she was awarded £50,000 in March 2014, but in July 2015 she won her legal challenge and the Court of Appeal granted her the £164,000 inheritance.

Why This Case Matters

The Court decided that Mrs Ilott’s circumstances – namely, that she lived in housing association accommodation and relied on benefits – meant that Mrs Jackson had not made “reasonable financial provision” for her daughter and she had been “unreasonable” to cut her daughter out of her Will. Furthermore, the Court found that there was no evidence that Mrs Jackson had any connections with the animal charities or any interest in either animals or birds during her lifetime. This case also highlights the fact that if Mrs Jackson had not left a Will, then it is likely that Mrs Ilott would have been able to claim for a greater sum under the Inheritance (Provision for Family and Dependants) Act 1975, thus emphasising the importance of making a will.

Leaving a Will enables you to look after loved ones after you’ve gone. Make sure you seek legal advice before making your Will or if you want to update your Will, as you may be able to plan against potential claimants by detailing the reasons behind your wishes.

For advice on making a will, please contact our specialist solicitors on 0800 988 3674 or email advice@bartletts.co.uk

 

Supporting National Road Victims Month And Supporting You

Bartletts Solicitors is supporting this year’s National Road Victims Month throughout August. While we never forget victims of road accidents, this month is an especially poignant time to remember all those who have been killed or injured on our roads.

This annual remembrance takes place in August because of the significant road accident deaths that have happened in the past during this month. For example, Mary Ward was killed in Ireland on 31 August 1869 after falling under the wheels of an experimental steam car, and Bridget Driscoll was the first person killed in the UK by a car on 17 August 1896.

The school holidays mean there is an increased likelihood of children being involved in road accidents during August, and as more people enjoy a holiday there is more traffic on the roads which increases the risk also.

It’s a sad fact that hundreds of people lose their lives on the roads every year and those who survive are often left with serious, life-changing injuries – which is why the National Road Victims Month is important. Remembrance events are held throughout August to support victims and their families.

Year-Round Support

You don’t have to be in a car to be involved in a road accident, and if you or a loved one has suffered a road accident injury as a cyclist, motorist, passenger or pedestrian, you may be entitled to make a compensation claim.

Compensation is not just for your personal injury and suffering, but should cover your medical costs, associated expenses including vehicle damage, loss of earnings, and the cost of any necessary lifestyle changes. If you’ve been the victim of a road accident, we may be able to help – just as we’ve helped hundreds of clients make a successful claim in the past.

How We Helped One Family Injured in a Road Traffic Accident

In one case, we were able to support three generations of one family who’d been injured in a road traffic accident that wasn’t their fault. Claims were successfully made on behalf of a grandmother, her daughter and granddaughter, who’d all suffered whiplash injuries to their necks and shoulders after a car drove into the back of the car they were all travelling in.

Despite the insurance company trying to argue that the grandmother’s compensation should be halved because she had an existing injury, which the whiplash aggravated significantly, our solicitors were able to effectively highlight that this crash had led to a 14-month recovery period for her and she was awarded the full value of her claim.

We use our experience, expert knowledge of the law, and compassionate approach to secure the right level of compensation for all clients. If you’ve been the victim of a road accident that wasn’t your fault, be sure to contact us to discuss the details of your experience so we can help you make a claim.

Especially during August but also all year round, it’s vital we remember all those who’ve been killed or injured on our roads – and take action to support those in need.

Compensation for brain injury

A knock to the head is always dangerous, but when it leads to a brain injury there can be serious consequences and you will need specialist legal advice.

Bartletts Solicitors are highly experienced in dealing with brain injuries and understand the complex assessment and care needs for compensation claims.

When a gentleman was knocked over at a pedestrian crossing and suffered a brain injury, Bartletts personal injury solicitors in Wrexham got him the compensation he deserved.

The gentleman was half way across the road at a pedestrian crossing when a car collided into him. An ambulance was called and he was taken to hospital where he received emergency treatment. He suffered serious traumas to his head, hip and foot and needed several operations including a hip replacement.

The gentleman remained in hospital for some time and received physiotherapy to help him regain mobility. However, the impact on his head has left him with an irreparable brain injury that will affect him for the rest of his life. His mobility and cognitive reactions are permanently impaired, and he continues to suffer with memory problems.

Our expert personal injury lawyer swiftly made a claim against the driver of the car. The police investigation had shown that the driver had not been paying attention, so we were quickly able to establish a claim for compensation.

However, our astute lawyer also needed to establish the extent of the injured gentleman’s injuries and future diagnosis. He commissioned several expert medical reports, including neurological prognosis.

Our lawyer then skilfully negotiated with the car driver’s insurance company to secure the best level of compensation for the gentleman. The substantial amount of compensation reflected the level of injury suffered and included compensation for personal injury, care and rehabilitation costs.

Tripping injury at work

When you are at work, your employer is responsible for making sure that your working environment is safe.

When a man who tripped over at work and broke his elbow recently came to see Bartletts Personal Injury Solicitors in Wrexham, we helped him secure a substantial amount of compensation for the pain, injury and losses he suffered.

The 25-year-old shop worker had been carrying out his daily tasks at work, when he tripped on a loose electrical wire. As he fell to the floor, he landed on his arm and was in an enormous amount of pain.

An ambulance was called and he was taken to hospital. He was x-rayed, diagnosed with a broken elbow and told that he needed surgery to repair the damage. He had an operation to fix the bones in his elbow joint into place using pins.

Recovery from the injury was not easy, as the mobility in his arm had been severely impaired. The arm was bound in a sling initially and he needed physiotherapy to help him improve the flexibility in the elbow joint.

When he came to see Bartletts, the man had been unable to work for some time. He was still not able to fully straighten his arm, and he was still suffering from pain and sensitivity at the site of the wound.

Our experienced personal injury solicitor contacted his employer and successfully secured compensation for personal injury and compensation for loss of earnings from their insurance company.

“…Throughout the process your professional guidance was impeccable leading to a successful conclusion. I would have no hesitation in recommending you & your company and am very happy to provide you with a testimonial for any prospective new clients. Thank you once again.” – Mr PM

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.

Bartletts Solicitors Look To The Future With Staff Promotions

The Chester and Wrexham offices of  Bartletts Solicitors has promoted two of its staff as part of its celebration of business growth, which includes recent recruitment of staff and plans to take on more staff in 2015.

Matthew Hunt, who works at the firm’s Frodsham Street office in Chester, and Catrin Hughes, who works in the company’s Wrexham office, have both been promoted to the roles of Trainee Solicitor.

“We’re all delighted to have promoted Matthew and Catrin to Trainee Solicitors,” Trevor Morris, Bartletts Solicitors Director, says. “I have no doubt that both will excel as Trainee Solicitors and continue to be a credit to the firm. Although this won’t be an easy job for either of them as they’ll need to juggle work with ongoing study, I know they’ll more than rise to the challenge.”

Both members of staff are currently working in the firm’s Personal Injury departments at Chester and Wrexham.

Matthew Hunt says: “I am delighted to have been given the opportunity to complete my training in such a professional and welcoming environment. I’ve been with the company for a two years now, having joined as a paralegal in the summer of 2013 before being promoted by the Personal Injury department into my new role.

“Even before gaining this role, I felt I’d learnt a great deal over the past two years. I’m excited about what lies ahead now – all the hard work, long days and even longer nights of study, to become a qualified solicitor.

“My background means I’m used to studying and this position is what I’ve been aiming for since graduating from Liverpool John Moores University in 2009 with a LLB Law Degree. Before working for a law firm in Liverpool, I also gained a commendation in the LPC at Chester College of Law in 2010. All the hard work has definitely been worth it so far and I know it will be in my new role too.”

Catrin Hughes says: “Before this promotion, I was working as a paralegal based in the Personal Injury department at the firm’s Wrexham office. I’ve greatly enjoyed my time with Bartletts and love working in the Wrexham office. As I can also speak Welsh, this has proved a real bonus so far in my chosen career. I’m relishing every moment of being a Trainee Solicitor, eager to experience and learn as much as possible, and enthusiastic about the prospect of one day becoming a fully qualified solicitor.”

These promotions follow the recent recruitment of new staff to the company and Bartletts is already planning to recruit more individuals in 2015.

“As the firm continues to grow it is essential that we ensure our trainee intake provides us with talented and ambitious individuals. Both Matthew and Catrin have demonstrated during the time that they have been with us that they have a great deal of potential. It’s fantastic to be able to expand the firm but it’s even more rewarding to be able to promote existing staff and acknowledge the contribution and commitment they’ve made to Bartletts.  We wish Matthew and Catrin the very best of luck in their new roles and look forward to them becoming qualified solicitors – and another reason to celebrate!” Trevor Morris comments.

To find out more about Bartletts Solicitors and its range of services, visit www.bartletts.co.uk/our-services 

 

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