It’s only natural to want to know how much compensation you’re entitled to if you’ve been injured in an accident that wasn’t your fault. However, compensation for claims depends on the nature of the accident – and no two accidents or injuries are alike.

How Is Your Claim Assessed?

Every claim is assessed on an individual basis and the amount of compensation your solicitor decides to claim for from the negligent party depends on your physical injuries as well as mental suffering and any financial loss.

Furthermore, compensation varies depending on whether your case is settled outside of court or in court.

Claims Settled Outside Of Court

Most claims are settled outside of court and typically a claimant asks for as much as possible for their client whereas the defendant tries to keep the amount as low as possible. The negotiations between both parties will decide on the settlement.

The factors your solicitor takes into account when deciding how much compensation to claim for on your behalf, include:

• Your personal injuries
• The emotional impact of your injuries
• Financial losses
• Guidance from the Judicial College Guidelines for the Assessment of Damages in Personal Injury (15th edition) (Oxford University Press)

Claims Settled In Court

A judge will usually consider the following factors when deciding how much compensation to award:

• Your personal injuries
• Any rehabilitation you have had
• Whether your injuries are long-term
• Any loss of earnings
• The mental impact of your injuries

What Are You Awarded Compensation For?

You are awarded compensation in two parts:

• General damages
• Special damages

General damages include compensation for your injuries and any loss of earnings, and special damages cover other losses you’ve suffered as a result of your injuries.

How Much Compensation Can You Claim For?

The Judicial College Guidelines set the maximum level of compensation for general damages at £337,700 for injuries resulting in severe brain trauma or paralysis.

For special damages, the amount of compensation can go into the millions.

The amount of compensation you can claim for depends on the severity of your injuries, loss of earnings, and any other losses suffered because of your injuries, and will consist of a mixture of general and special damages.

How We Can Help You Make A Personal Injury Claim

Our specialist personal injury lawyers have the experience and proven track record to help you secure the compensation you deserve.

We provide an initial, free and no-obligation consultation to give you the opportunity to discuss your personal injury claim with a specialist solicitor and discover how much your claim is worth. Should you decide to go ahead, your solicitor will advise and guide you at every stage of the claims process, and work hard to achieve the best possible level of compensation for you.

To speak to one of our solicitors about making a personal injury claim, contact us on freephone – 0800 988 3674 or Chester Tel: 01244 405 399 or email advice@bartletts.co.uk

 

 

Zoë’s Place Baby Hospice is a registered charity providing 24 hour care and support for families of babies with life-limiting or life-threatening illnesses.

The hospice relies on fundraising for 80% of its annual income, and has recently lost thousands of pounds as a result of cancelled events. It desperately needs help to be able to continue with its vital work helping seriously ill babies and infants.

Bartletts Solicitors is a proud supporter of Zoë’s Place Baby Hospice, and we would like to encourage everyone to support the charity at this critically important time.

As the nationwide series of lockdowns continues, it is important to remember that some wonderful exhibitions and collections can be viewed from the comfort of our own homes. National Museums Liverpool offers a wealth of content online, including virtual tours of galleries, exhibitions and museums, such as the World Museum and the International Slavery Museum.

To take one example, the Dinosaurs and Natural World gallery at the World Museum explores the story of life on Earth through a collection of full-size dinosaurs skeletons, time tunnel and Climate Change displays.

Bartletts Solicitors has a longstanding relationship with the Walker Art Gallery in Liverpool.

Established in 1877, the Walker Art Gallery houses one of the UK’s largest and most prestigious art collections, featuring beautiful paintings, sculpture and decorative art from the 13th century to the present day.

Often referred to as ‘the National Gallery of the North’, the gallery closed temporarily in 1931 to allow an extension to be built. Gifts of £10,000 each from George Audley, FC Bowring and Thomas Bartlett helped pay for the work.

Today, our firm is proud to continue to support the Walker Art Gallery and its collection, which reflects the people of Liverpool’s commitment to and appreciation of the arts.

Where do you think the highest and heaviest collection of church bells are located? Are they in London, Paris or Rome?

All wrong, they are in Liverpool Cathedral, and they have a direct link to Bartletts Solicitors.

Thomas Bartlett was a successful Liverpool businessman who worked from Marldon Chambers where we are based. You might have guessed already from his name that he was a direct relation of our owners. Thomas left money in his will for a ring of 12 bells for the new Cathedral which was under construction.

He died on 4th September 1912, more than a quarter of a century before the bells which bear his name were cast, and 39 years before they were first rung. In accordance with his wishes, his final resting place is in the ringing chamber where his ashes sit in a coffer on a stone plinth.

Writing a Will is one of the most important things you should do in your lifetime, as it enables you to continue caring for family and friends long after you die – so is a DIY Will worth the risk or should you use a professional to help you write your Will?

Many people choose a DIY Will to save money compared to the cost of using a solicitor or an online Will service provider. However, Wills are complex and getting them wrong can be both costly in the long-run and stressful for loved ones left behind if they need to resolve any issues that arise from mistakes made in your Will.

DIY Wills Vs Using A Solicitor

A Will is designed to give you peace of mind that everything will be just as it should be when you die, as all your wishes are written down clearly in your Will to help your chosen executors administer your estate and carry out your wishes.

There are so many things to consider when it comes to writing your Will, and it is all too easy to miss items out or draft them incorrectly with a DIY Will.

As a guide, it’s important to keep in mind the reasons why many people use a solicitor to draft Wills, which include:

• DIY Wills provide no advice on whether what you are doing is the best option
• DIY Wills won’t point out potential pitfalls of how you are implementing something
• DIY Wills won’t highlight any errors you make. For example, an incorrect signature could render your Will invalid or make it difficult for loved ones to prove the validity of your Will after your death
• DIY Wills provide no what-if scenarios for you to consider, such as what happens if any of your beneficiaries died before you
• DIY Wills won’t insist you are specific in your wishes, for example stating “my children” would not automatically include step-children whether this is your intention or not
• DIY Wills won’t ask you to check you’ve considered everything and everyone has been included, including pets and any personal gifts you may wish to make
• DIY Wills won’t provide advice on tax implications of your decisions

How We Can Help You With Your Will

We fully appreciate that making a Will using a professional solicitor may seem expensive compared to making a DIY Will, but it is worth remembering that mistakes can be costly – and our solicitors help clients to draft Wills that are both accurate and based upon the right choices for them.

A Will written well provides peace of mind and reassurance that your intentions will be acted upon when you die, and that you’ll be able to protect loved ones long into the future.

Our Wills solicitors provide a free initial no-obligation discussion to find out what you’d like to include in your Will and to understand your personal situation so they can provide supportive advice and guidance on writing a Will that is legally watertight and fully reflective of your wishes.

To speak to one of our specialist solicitors about drafting your Will, contact us on freephone 0800 988 3674 or Chester Tel: 01244 311 633 or email advice@bartletts.co.uk

 

 

During the winter months, ice and snow can make roads and pavements slippery and unsafe – and if you’re injured in a road accident because of the poor weather conditions, you may be able to make a claim for compensation.

Accidents on the road caused by ice or snow are often serious and traumatic for those involved, as below-zero temperatures make driving and walking conditions treacherous. If you or a loved one have been injured as a result of an accident that wasn’t your fault, our specialist personal injury solicitors are here to support and advise you if you decide to make a compensation claim.

Ice Or Snow Accident Claims

It isn’t only drivers who suffer personal injuries in ice or snow accidents – passengers, cyclists, motorcyclists and pedestrians can all be affected too.

Depending on the circumstances of your accident, you may be able to claim for compensation against the person or organisation whose negligence caused your accident, including:

• The driver of the other car or vehicle
• The driver of the car you were a passenger in
• The local authority
• The Highways Agency

Ice Or Snow Accident Causes

Other Driver

If the driver of the other vehicle failed to adjust their driving to match the demands of the road and weather conditions – for example, by driving more slowly or by keeping a greater distance from the car in front – then you may have a case for making a claim for compensation which would be paid for by the other driver’s insurance company.

When the weather conditions are poor, it’s important to take extra care when driving, to help prevent an accident and personal injury.

There are naturally times when an accident happens through no fault of your own, but as a guide it makes sense to make a few checks before setting off and changes when driving in icy or snowy conditions, including:

• Drive according to the road conditions
• Remove ice and snow from all the windows
• Make sure there is no ice or snow on car lights or number plates
• Keep a greater distance from the car in front
• Drive slowly and in a high gear

Local Authority / Highways Agency

Your local authority and the Highways Agency have a duty of care to make sure the road and pavement surfaces are safe for all users – drivers, cyclists and pedestrians alike.

Reasonable measures should be taken to ensure the roads and pavements are kept clear of snow and ice, and where conditions are deemed dangerous the authorities should prioritise the main roads. There should also be warning signs in place if necessary.

If the authorities didn’t take the appropriate action or failed to follow the Highways Act 1980 and you’ve been injured in a road accident, you may be able to make a claim for compensation against them.

How We Can Help You With Your Ice Or Snow Accident Claim     

If you or a loved one have suffered a personal injury in an accident caused by ice or snow on the road or pavement, you may be able to make a claim for compensation.

Our specialist solicitors will take the time to fully understand the circumstances of your accident, the seriousness of your injury and the cause, and will tailor all advice to your specific needs and situation.  This includes whether you have a case to make a claim and if so, providing extensive support and guidance for the duration of the claims process to ensure the best possible outcome.

To speak to one of our specialist personal injury solicitors about your ice or snow accident, contact us on freephone – 0800 988 3674 or Chester Tel: 01244 405 399 or email advice@bartletts.co.uk

Your Guide To Housing Disrepair Claims

Housing disrepair is when a rented property becomes unsafe or uncomfortable for a tenant to live in because the landlord has failed to carry out the necessary work within a reasonable amount of time after being informed of the issue.

As a tenant, you have a right to live in a property that is structurally sound and internally safe for living in. If this has not been your experience and you are living in rented property in need of repair or that is poorly maintained by the landlord, you may be eligible to make a housing disrepair claim.

Landlords And Housing

If you rent your home, your landlord has a duty of care to ensure it is safe and suitable for you to live in. This is a legal responsibility of all landlords, whether you’re a social tenant in a council-owned property or a private tenant in privately-owned property.

Under the Homes (Fitness For Human Habitation) Act, repairs to property are now contractual and a failure to complete repairs is a breach of contract that allows the tenant to take legal action.

Legally, landlords must ensure the property is:

• In a good condition structurally
• Free from damp and mould
• Fitted with working drains and gutters
• Safe and has access to electricity, gas and water
• Warmed by a working heating system
• Free from vermin or insect infestation

Housing Disrepair

There are many examples of housing disrepair, including condensation, poor ventilation, no heating, and rotten window frames.

As a guide, the following issues when left unfixed after you notify your landlord of the issue, are considered examples of housing disrepair:

• Cracks in the external walls that let cold air in
• Rotten window or door frames that let water or cold air in
• Cracked plaster on internal walls
• Broken or faulty gas boilers that are dangerous
• No heating due to a faulty system or boiler
• Leaking pipes that cause damp and mould
• Loose tiles on the roof that cause damp or cold air to get in
• Sanitation units that are broken or faulty
• Mice or insect invasion

Housing Disrepair Claims

Living in a property that is cold, damp, unsafe or uncomfortable, as a result of your landlord’s failure to carry out repairs within a reasonable amount of time after being notified of the issues by you, could mean you have a right to make a housing disrepair claim for compensation.

The most common types of housing disrepair claims relate to:

• Health
  Damp homes or living in a house with no heating or with draughts can cause chest infections and illness.
• Inconvenience
  Part or all of the house may become uninhabitable and cause you to live in a smaller area than is comfortable.
• Damage
  Water leaking or damp conditions can ruin clothing and bedding, etc, or it may be your belongings are damaged when repairs are carried out.

How We Can Help You With Your Housing Disrepair Claim

Our property solicitors have extensive experience and knowledge of housing law and handling claims for housing disrepair – and will be able to help and advise you regarding your living conditions and whether you are eligible to claim for compensation.

If you’ve notified your landlord of the issues in need of action or repair, but the necessary work has not been carried out within a reasonable amount of time, and your home has become unsafe or uncomfortable to live in as a result, you may be able to claim for housing disrepair compensation.

We will support you at every step of the claims process, if you decide to make a claim, to ensure you receive the compensation you deserve from your landlord.

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

 

 

A business Lasting Power of Attorney (LPA) protects your interests and looks after your company at a time when you’re no longer able to do so yourself.

Designed to help in a similar way to standard Lasting Power of Attorneys, business Lasting Power of Attorneys safeguard the interests of a business as well as the interests of its owners and its companies.

Why Have A Business LPA?

With a business LPA, you can appoint one or more Business Guardians who are able to oversee the running of your business for a short or extended period of time.

Having a business LPA in place gives you the peace of mind and security that, should you lose mental capacity at any time due to a serious illness or accident, your business won’t suffer a big disruption to its day-to-day operations.

Business owners who can benefit from appointing an attorney, include:

• Shareholders
• Sole traders
• Partners

What Happens If A Business Owner Loses Capacity & Has No Lasting Power of Attorney?

If you suddenly became unable to make commercial decisions but had no LPA in place, this could have a serious impact on your business.

Your business could be affected badly with difficulties including no one able to:

• Sign documents
• Access your bank accounts
• Authorise staff payments
• Order supplies

It can take months for someone to make an application to the Court of Protection to request the court appoint them as deputy in order to make decisions on your behalf, and is more expensive than creating an LPA in the first place.

How We Can Help You Create A Business LPA

Our specialist Wills and Probate solicitors at Bartletts are here to help you ensure every aspect of your business is protected by putting a business LPA in place.

We will assist you at every stage of drafting a business LPA including making sure the Business Guardians you choose are the right people for your firm.

To speak to one of our solicitors about making an LPA for your company, contact us at our Hoole office on Tel: 01244 311 633 or freephone on 0800 988 3674 or email advice@bartletts.co.uk

 

Will My Personal Injury Claim Progress ?

Since the start of the first lockdown in March, we have been working as normal to help our clients with their legal matters, the only difference has been location as we were initially working remotely from home rather than from the office.

All our solicitors are contactable as though they were in the office and continue to speak to clients, insurance companies and other solicitors to ensure the work is still completed.

Cases are settled weekly and meetings / Court hearings still go ahead via telephone or video calls.

Can Deadlines Still Be Met?

Yes, they can. At the start of lockdown, the Government amended the Civil Procedure Rules to provide greater flexibility for parties meeting Court deadlines and directions.

Practice Direction 51ZA now states both parties can agree extensions of deadlines by up to 56 days. The Courts are also showing greater leniency when extension requests are made.

We are all working diligently to make sure all cases progress as they would outside of lockdown, and always meet our weekly deadlines to keep cases on track.

What Can You Do To Help With Your Personal Injury Claim?

In addition to speaking to a qualified personal injury lawyer about your claim, there are things you can do to support your case and make it stronger.

Document Your Injuries

Any official reports will support your claim, so if you’ve been injured in a road traffic accident contact the authorities straightaway so they can document the incident.

Take photos of the scene of the accident and the details of the other party and witnesses, and store these somewhere safe.

Keep A Diary

It’s a good idea to write down your life since your accident, and the physical and psychological impact it’s had on you. Document any pain or mental suffering, keep photos of your injuries, and stay in touch with your GP as your medical records can be used as evidence.

Also keep a record of your financial losses since your accident, including receipts and evidence of extra costs incurred.

Talk To Your Lawyer

Your solicitor is there to help you so be sure to communicate with him or her, asking questions and checking if ever you’re unsure. Make sure you don’t settle your case too soon – you should wait until your treatments are completed, including any physiotherapy, surgical operations or therapy you may need. It’s a good idea to speak to your personal injury solicitor before accepting a settlement.

How We Can Help You With A Personal Injury Claim

Our personal injury solicitors are providing the same high standard of service throughout lockdown and are fully committed to ensuring it is business as usual for all our clients.

The nature of the coronavirus situation is that it is changing on a regular basis – we will provide you with the most relevant advice and guidance for your personal injury claim and support you throughout the entire process.

As always, we will ensure we fully understand your situation and the circumstances of your accident before tailoring our advice on the best way to proceed and to secure the best possible outcome for you.

To speak to one of our specialist solicitors about making a personal injury claim, contact us on 0800 988 3674 or email advice@bartletts.co.uk