Bartletts personal injury solicitors in Chester recently secured compensation for a lady who had suffered occupational dermatitis in the course of her employment as an industrial cleaner.

The Lady, who was in her 40s, had previously been a domestic cleaner for many years. When she took up a new position in a fabrication plant, she was not given any protective equipment, formal training or warned of the hazardous nature of the industrial solvents as is required under health and safety legislation. So she carried on wearing normal, domestic rubber gloves when she was working.

After six months in this new position she began to suffer from a skin irritation on her hands. They were red, itchy and irritated with flaky skin. The skin condition soon spread to larger areas of her body, making her extremely uncomfortable, so she went to see her GP. The GP diagnosed her with occupational dermatitis from prolonged exposure to a form of cleaning solution at work, prescribed an emollient cream and advised her to avoid further contact with the irritant.

When she came to see one of Bartletts specialist personal injury solicitors, the lady had been forced to resign from her position as she could not continue to be exposed to the solvents.

Our experienced personal injury lawyer contacted her employer and quickly established that there had been a breach of duty of care. We commissioned a dermatologists report that confirmed the diagnosis of occupational dermatitis from exposure to the cleaning solution. It turned out that the lady was predisposed to this kind of allergic reaction, but nevertheless her rubber gloves were inadequate protection against the industrial cleaning solvents.

With our help, the lady successfully won her claim for breach of duty of care under the Health and Safety at Work Regulations. We negotiated compensation for personal injuries suffered during the course of her employment.

When an injury happens whilst you are on holiday, you not only suffer pain and discomfort but it also sours the well-deserved break you have been looking forward to. Claiming compensation may seem too problematic if the accident happened abroad, but it is more straightforward if you booked through a package tour operator.

Bartletts personal injury solicitors in Wrexham were recently able to help a gentleman claim  compensation for an accident abroad.

The 30 year old father was enjoying a package family holiday with his wife and two children at a hotel in France. While walking along the side of the hotel swimming pool to supervise his children, he caught his foot in a hole caused by a missing tile and fell. The gentleman sustained a deep laceration to his knee and soft tissue damage. A member of the hotel staff administered first aid at the scene and was very attentive, but his injuries left him unable to walk or swim without pain for the rest of the holiday.

During his stay at the hotel, the gentleman learnt that other guests had suffered similar injuries on the same site. The hotel were well aware of the hazard but failed to take any steps to correct it, or prevent it happening again.

When he returned home, the gentleman came to see one of our expert personal injury lawyers. Under the Package Tour Regulations 1992, personal injury claims can be made in relation to flights, transfers and accommodation provided by package tour operators based in the UK. We successfully negotiated compensation for personal injuries and loss of enjoyment from the package tour company.

Sometimes it can be hard to prove that an accident ever happened, especially when there are no witnesses and only your word to rely on. That was the situation faced by one young man who came to see one of our personal injury solicitors in Chester. But with our help he proved the accident did happen and received compensation for injuries.

The 25-year-old salesman was standing in a town centre car park, waiting for his colleague, when a car reversed out of a parking space, knocked him over and then sped away. Despite being dazed by the event, he managed to take down the registration number of the car which he later reported to the police. The police were able to trace the owner of the vehicle but, when questioned, the driver denied all knowledge of the incident claiming he was never in that car park. Without any corroborating witness evidence, the police were unable to pursue the matter any further and decided to drop the case.

When he was struck by the car, the young man sustained severe soft tissues injuries to his lower back and extensive bruising on his hip. The trauma of the accident led to him taking time off from work and he continued to need physiotherapy for three months. When he came to see Bartletts personal injury lawyers, he had recently become a father. He was still very distressed by the accident and was upset that he could not bend over easily and this had prevented him from being able to help with his baby as much as he would have liked.

Despite the lack of witness evidence, our experienced solicitor initiated a claim for compensation against the driver of the vehicle. The driver continued to deny liability right up to the last minute when, on the steps of the court, he backed down and admitted it was him. We skilfully negotiated an out of court settlement with the driver’s insurance company.

When a rope-maker fell and was injured at work, Bartletts personal injury lawyers helped him to climb back up the ladder of self-esteem and his claim for compensation for injuries.

The gentleman had only been working at a factory for a year when the accident happened. His job entailed loading the machines with twine and checking that they were operating correctly. Part of this procedure involved him climbing inside the machine, and it was whilst he was doing this one day, that he fell and cut his knee open. The machine was stopped and an ambulance was called to take him to the local hospital where he received stitches.

Following the accident, the gentleman decided not to return to work at the factory and this is when he came to see one of our experienced personal injury solicitors in Chester.

His employers claimed that his injuries had been self-inflicted as he had failed to follow the proper safety procedure for loading the machine. They alleged that he had been trained to use a safety harness to hoist himself down into the barrel instead of climbing into it. However, in practice, the gentleman had not received any training on the hoist and had been told by his line manager not to use it as it slowed down the loading process.

Bartletts fought for three years against the employer’s denial of liability and were preparing to go to court to present his case. However, just three days before the trial, the employer’s insurance company accepted liability and we successfully achieved a settlement for his compensation for personal injury.

When a road traffic accident happens, there is often more than one person affected and they may each have a claim for compensation.

This is what happened to one gentleman who came to see one of Bartlett’s personal injury solicitors in Chester, who was awarded £10,000 compensation following the death of his adult son, as a passenger in a car collision.

The 76-year-old gentleman and his wife relied heavily on services provided by his son at weekends and each night of the week.  Both being elderly, the son provided his help for free and did many jobs around the house including DIY, shopping and tasks that his father was unable to carry out himself.  The son was a passenger in a head-on collision with another vehicle. An ambulance was called to the scene but unfortunately the son died.

When he came to see our expert personal injury solicitor, the father, who had limited mobility, had resorted to employing somebody else to help him with the work his son would have usually done for free for him, at considerable financial expense.

With our help, the father successfully made a dependency claim against the driver of the other vehicle involved in the collision with his son. The other driver’s insurance policy agreed a £10,000 compensation payment to the father for the extra expenses he was burdened with as a result of losing his son in the accident.

Going out for a coffee is an everyday treat that most people look forward to. For one lady who recently came to see one of our personal injury experts in Chester, sipping into her latte came with a bit of a shock.

The lady had recently retired and was enjoying her newly discovered freedom with her husband in the local branch of a high street coffee chain. She ordered her usual latte which is a hot, milky coffee traditionally served in a tall glass mug instead of a cup and saucer. The latte arrived and as she took her first sip, a chunk of the glass broke off in her mouth.

Luckily, there was no injury to her mouth or lips but as she removed the glass from her mouth it cut her second finger which started bleeding badly. A complaint was made to the staff in the coffee shop at the time, who apologised and offered first aid.

The injury was so serious, that the lady immediately went to the accident and emergency department of the local hospital who treated the lacerated finger by cleaning it and stitching it up. However, after a few days at home the lady was still suffering from ongoing pain and felt that there was something wrong.

It was then that she decided to consult one of Bartletts’ personal injury solicitors. Understanding the discomfort the lady was suffering, our solicitor quickly arranged a private medical examination which revealed that there was still a shard of glass lodged in the finger.

Bartletts submitted a claim on her behalf and established the coffee shop’s liability for the accident. Having negotiated in advance for the medical expenses to be met, the glass was then surgically removed in a private hospital.

Following the operation, the lady was given the prognosis that it would take 18 months for her finger to fully heal and she would continue to feel some ongoing pain in that time.

Bartletts were able to secure £6,000 in compensation for personal injury, from the coffee shop chain on her behalf.

Bartletts Solicitors is warning that January is the most common time for people to decide to petition for a divorce.

“The festive season might be fun but it can also be stressful and put married couples under a great deal of strain,” explains Nina Sperring, Solicitor at Bartletts Solicitors.

“Christmas is great but for some couples, who’ve perhaps already been struggling in their marriage for some time, it can be the final nail in the coffin for their relationship. Spending extra time with family, the cost of the festivities or wanting to see the festive season through for the sake of the children, is often the reason behind the upturn in divorce petitions in the weeks following Christmas.

“Each January, we see a big increase in the number of people in the Chester area seeking legal advice on divorce or separation, and unfortunately 2014 is set to be busy too.”

Bartletts Solicitors expects more people to seek divorce advice and legal support on making divorce petitions, in January, as this has been the company’s experience over the last few years.

“Statistics have shown that divorces now come from marriages of between six and ten years. This means that couples in a relatively new marriage, of less than ten years, may experience a marriage breakdown because of the strain this time of year puts people under

However, the Christmas period can also be incredibly positive for many married couples as it provides the opportunity to spend quality time together and work through any issues, hopefully meaning that divorce or separation is no longer necessary.

“Sometimes, though, marriage difficulties are irreparable and as stressful and upsetting as getting divorced can be it is recommended individuals seek professional legal advice as soon as possible. This is especially true when children are involved or for those over 50, as separating parents and people wanting a so-called silver divorce tend to need specialist guidance to ensure a satisfactory settlement.” Adds Nina

To find out more about Bartletts Solicitors, its range of divorce and separation services, and to gain legal advice tailored for your individual situation, visit our Family Law section.

Couples who have children outside of marriage face inheritance difficulties without a will and are being urged to take action now by Chester based Bartletts Solicitors to avoid this situation.

Not everyone will be aware that the present law states that any money and assets belonging to an unmarried parent who passes away without a will is held in trust for the children and the surviving parent receives nothing.

This is why unmarried couples need to make a will, especially in light of recent news regarding birth rates – almost 50% of babies born in 2012 were to unmarried mothers and if this trend continues then by 2016 the majority of children will be born out of wedlock.

There is now increased pressure on the Government to show its support for the institution of marriage by providing tax breaks for married couples. Not only would unmarried couples be financially poorer if this happened, but this would be on top of possible inheritance complications stemming from a lack of a will.

Without a will, the unmarried partner of the deceased parent would need a Court Order to inherit any assets and would have to prove their level of financial dependency on the deceased.

“It is so important for unmarried parents to make a will because it offers them and their children protection for the future,” says Nina Sperring of Chester based Bartletts Solicitors.

“Unlike married couples without a will, widowed partners won’t inherit any of their partner’s money or assets without a Court Order.

“For unmarried couples, the grieving parent could be left in financial trouble and struggling to provide for their children if their partner dies without making a will.

“Applying Court for a Court Order to request a share of the inheritance is stressful, time consuming and costly – not something any grieving partner should have to go through. Furthermore, it may not prove successful and if the couple hasn’t been together for a minimum of two years then the surviving parent is unlikely to be able to make an application in the first place.”

For information on making a will, contact our Wills, Trust and Probate Team today who will offer guidance based on your individual circumstances to ensure your family’s future is protected.

 

Chester-based law firm Bartletts Solicitors has stressed the importance of remembering digital assets when making a will, as it can be extremely difficult to deal with the loss of digital data.

Nowadays the majority of us store our personal and financial details online, including through our social network profiles, online bank accounts, music and video storage, photos, and email accounts. But what happens to all this information when you die.

To keep your digital assets safe and ensure they are accessible after you’ve passed away, it’s advisable to make a detailed will.

Nina Sperring, Solicitor at Bartletts Solicitors said: “We’ve experienced what can happen when clients don’t mention their digital assets when making their wills or inform their Executors of their digital assets, which is why we’re so keen to encourage people not to overlook this aspect of their lifetime planning.

“As well as the prospect of losing sentimental items, not taking care of your digital assets can makes things very tricky  and extremely stressful for loved ones – and at a particularly difficult time; when they’re coming to terms with their loss. It’s all too easy for passwords and access codes to die with the individual, meaning family members cannot access the online assets except through a Court Order in some cases.”

A survey recently highlighted the importance of remembering digital assets when making a will, as more than 25% of participants said they have irreplaceable photos and personal information stored online only.

“It is estimated that the UK has amassed over £2.3billion in digital assets,” added Nina. “And this is set to rise. While storing your assets online in a storage facility can help protect your details after you’ve passed away, this option can pose security risks in your lifetime.

“The best way to look after your digital assets in through making a watertight will.”

When making a will, it’s vital you receive the right legal advice for your situation and individual assets, including digital assets to ensure your information and personal details are accessible after your death.

To find out more about Bartletts Solicitors and to access specialist advice regarding wills and digital assets email advice@bartletts.co.uk