Month: January 2020

£20,000 awarded to family after negligent care of their Mother

Hampson Hughes Solicitor have brought a successful claim for medical negligence against a Care Home following negligent care.

A daughter acting on behalf of the deceased client, Mrs C was awarded £20,000 in compensation for the negligent care of her mother.

The deceased suffered pressure sores to the left heel, right ankle and calf which was an extended period of unnecessary pain and suffering. This ultimately led to the deceased developing Sepsis.

It is our clients claim that the pressure sores she developed could have been avoided if she received the appropriate care at the care home she was living at. £20,000 was awarded to the daughter. The amount can support funeral expenses, bereavement damages, any period of pain and suffering by the deceased and dependency.      Medical Negligence

If you feel you’ve been subjected to instances of medical negligence, please contact the Hampson Hughes clinical negligence team today to see if you are eligible to claim compensation, call us free on 0800 888 6888, or email us at info@hampsonhughes.com

January Employee of the Month

The first Employee of the Month of 2020… Nick Maloney!

Since joining Hampson Hughes in October, Nick has made a real impact. Some of the reasons the team nominated Nick was because:

  • He has offered invaluable help to the Medical Negligence department and also with ideas for more streamlining processes going forward.
  • He has settled in really well and is always keen to help. He has also been thinking of ways that he and Joan can continue to assist the other departments.
  • He is always willing to help out and has fitted into the HH team really well.

Well done Nick! Nick will be rewarded with a £250 Liverpool One voucher.

Also, well done to Tracy Bond, Lisa Kane, Nick Cowley, Michelle Barkwitch, Rob Anderson, Lauren Cavanagh and Leah Blaney. All nominees will be sent on an afternoon away from the office.

£8000 For Carer After Workplace Fall

Hampson Hughes Solicitors have successfully recovered £8000 in compensation! Our client, a Care worker suffered multiple injuries when she tripped over defective paving on the works grounds.

She suffered a broken foot, which was unable to repair itself, resulting in the Doctors having to remove part of the bone from the knee to be applied to the foot, in order to aid its recovery. Her injuries were long lasting.

As a result, our client was successfully awarded £8000 in compensation.

Workplace accident compensation – expert advice

If you have suffered following a workplace accident, you could be entitled to maximum accident at work compensation.

Remember, we offer you a FREE no-obligation consultation – discover today whether you are eligible to claim workplace accident compensation. Speak to one of our professional and friendly advisers today on 0800 888 6 888 or email claims@hampsonhughes.co.uk.

Will I have to go to court?

When you make a Personal Injury Claim, Hampson Hughes will always try to negotiate an agreeable settlement with both parties. We will make every effort to ensure that your case is brought to a timely and satisfactory conclusion. However, complex issues such as a denial of liability or a dispute over the value of the claim could mean that a court date becomes necessary.

Do not let your fears and concerns over court proceedings stop you from making a Personal Injury Claim. Very few Personal Injury claims in the UK go to court. In the event that your personal injury claim progresses to court, we will be with you every step of the way.

What happens next?

Once court proceedings have been issued, to prepare for court we will collect all evidence relating to your case. This could include, witness statements, medical expenses and medical reports. The court will then provide a deadline for when it needs the relevant documentation relating to your claim. We will issue the documents on your behalf and ensure that you understand the process.

We will arrange for you to be represented in Court either by a barrister or specialist solicitor to present the claim to the judge on your behalf. The case will only be in front of a judge and not a jury, making it less intimidating!

Even if a trial date has been set, your case may still settle out of court. It is easier and less costly for all involved if a settlement can be reached ahead of the trial date. If this happens, we will ensure that we negotiate a compensation package that you deserve, taking in to consideration your pain, future costs and out of pocket expenses occurred.

Our expert Solicitors will guide you through your entire claim, we will make sure you are fully supported and kept in the loop with any progress.

Personal Injury Claim

If you have been the victim of a Personal Injury, you could be entitled to compensation. Start your claim today by filling out our short contact for here. For more information please contact us on 0800 888 6888 or email info@hampsonhughes.com

A Guide to obtaining Letters of Administration – where there is no will there is always a way!

When someone dies without a will, Letters of Administration need to be obtained before a representative can pursue a claim on the deceased’s behalf, or distribute the deceased’s estate. A solicitor can be instructed to apply for letters of administration on your behalf, but this can be done yourself.

When are letters of administration needed?

  • When there is no will;
  • When the will is invalid;
  • The executor is unwilling or unable to act.

Who can apply?

The following list sets out who can apply for letters of administration in order of priority:-

  1. Spouse/ Civil Partner
  2. Child of the deceased
  3. Grandchild
  4. Surviving parent
  5. Sibling
  6. Niece/ Nephew
  7. Other surviving relatives.

Unmarried partners cannot apply.

How to apply

If you decided to apply for letters of administration yourself, there are a number of forms that you will need to complete:-

  • Probate Application PA1- this is a 12 page form containing basic information about the deceased
  • Inheritance Tax forms- the form you complete will depend on if Inheritance Tax is due to be paid.
  • IHT205- this form should be completed if you do not anticipate there being any Inheritance Tax due. Inheritance Tax is due when the value of the estate exceeds the threshold, this is currently £325,000.
  • If you do expect Inheritance Tax to be due you should complete Inheritance Tax form “IHT400” and a “Probate summary form” known as form “IHT421”

Copies of all of the forms can be obtained from Her Majesty’s Revenue & Customs or can be downloaded from their website.

Where to send the forms

  • No Inheritance Tax due – both the PA1 and the IHT205 can be posted to the local Probate Registry with a fee of £90. If the estate is worth less than £5,000 then no fee is needed.

Inheritance Tax due – the PA1 needs to be posted to the local Probate Registry along with a £90 fee, unless the estate is valued under £5,000.

The IHT400 and IHT420 need to be posted to Her Majesty’s Revenue and Customs.

Interview or attendance at a solicitor’s office

Once the forms have been received at the relevant offices, you will need to attend either an interview at the Probate Registry to confirm the details on the form. Alternatively, you can attend a local solicitor’s office to swear an oath. If you do this, you will need to write ‘solicitors office’ under ‘interview venue’ on the PA1.
You will receive the letters of administration in the post shortly after this has been done.

If you have been affected by the above, contact our expert Medical Negligence team on 0800 888 6888 or info@hampsonhughes.co.uk

Cyclists – should you wear a helmet?

There is a continuing debate whether wearing a helmet whilst cycling should be a legal requirement in the UK. Currently it’s not, despite the protection that a cycle helmet can offer.

Helmets have been compulsory in Australia and New Zealand since around 1990. A few other countries have followed suit more recently. But research suggests that compulsory helmet use has deterred cyclists. Australia found that one year after the legislation was introduced; there was a 36% reduction in cycling levels. And nearly 4% of New Zealand’s population stopped cycling immediately.

Based on previous research, it is supposed that if it is compulsory to wear a helmet then it will have a negative impact on the number of cyclists on Britain’s roads. The government highlight that the health benefits far outweigh the risks of cycling incidents.

UK Walking and Cycling charity, Sustrans, said evidence is ‘inconclusive’ as to whether helmets make cycling safer… they believe it should be a personal choice whether to wear a cycle helmet or not, and for parents to make that choice for their children*.

‘’Given the concerns about obesity and the deaths related to physical inactivity, making it compulsory for people to wear helmets provides a deterrent to people wanting to cycle and also sends the message that travelling by bike is dangerous’’*.

Segregated cycling facilities, safer roads and 20mph limits in communities will support cyclists’ safety. But there are personal steps cyclists can take to reduce the seriousness of an injury if they find themselves in a collision… Wear a helmet.

Although a helmet will not offer you complete protection, it can minimise your chance of suffering a fatal or serious brain injury.

In 2017, 101 cyclists were killed and 3,698 seriously injured on Britain’s roads. A major study of cyclists and helmet usage worldwide, looking at over 64,000 cyclists, found that wearing a helmet reduces the risk of a serious head injury by nearly 70% and fatal injury by 65%*

Accidents can happen to anyone at any time. But there has been a series of cycling incidents involving children and adults that could have been a lot worse if they were not wearing a helmet.

  • A 12-year-old girl was run over by a car on her way to school in 2016. Her pelvis was shattered in five places, and doctors say that her cycle helmet saved her life.
  • A 50 year old male was hit by a car on a roundabout, thrown into the air and knocked unconscious after landing on the back of his head. He chipped a bone in his neck and suffered severe bruising to his lung, shoulder, hip and thigh. The doctors believe that if it wasn’t for his helmet, he would be dead.

More recently, a 15 year old nearly died when he was knocked off his bike. The teenager wasn’t wearing a helmet at the time. He suffered a major brain injury and was placed in a induced coma for 12 days. Part of his skull had to be removed and he had to learn how to talk again.

He is now calling for a change in the law to make it compulsory for anyone under the age of sixteen to wear a helmet. You can support Haydn’s Law by using the hashtag #WearAHelmet to help spread the word.

The human cost far outweighs the financial cost of a helmet. Hampson Hughes has seen first hand the life-changing impact a head injury can cause.

Advice: A helmet must be replaced immediately if you are involved in a collision that causes structural damage (or wear and tear). If not, the helmet may not perform as well because of internal weakness. You may be able to claim ‘out of pocket’ expenses to help towards the cost of a new helmet.

Road traffic accident compensation claims – expert advice

If you’ve been injured in a Road Traffic Accident as a cyclist, helmet or no helmet, you could be entitled to personal injury compensation.

Contact our team of expert Road Traffic Accident Solicitors today. Call 0800 888 6888, or send an email to info@hampsonhughes.com.

Sources:

https://www.sustrans.org.uk/our-blog/policy-positions/all/all/our-position-on-the-use-of-cycle-helmets/

https://www.bbc.co.uk/news/av/uk-england-hampshire-42345928/girl-says-cycle-helmets-should-be-compulsory

https://www.bbc.co.uk/news/uk-wales-48773840

https://www.itv.com/news/anglia/2020-01-17/teenager-campaigns-for-helmet-law-change-after-surviving-major-brain-injury/

Why is my case taking so long?

A common question faced by the Hampson Hughes Road Traffic Accidents team is “how long will my case take to settle?”

Increase in fraudulent claims

Unfortunately, this is not a question that is easily answered, as insurers are increasingly on the lookout for fraudulent claims – meaning that any investigation carried out by an insurer may now take longer. The Insurance Fraud Bureau estimates that fraudulent Road Traffic claims are costing around £340 million a year.

We often find that a client’s claim has been referred to the insurer’s ‘claims validation team’ or ‘insurance fraud team’ for further investigation prior to the insurer admitting fault. The insurer is under no obligation to advise us as to their concerns or issues during the investigation – this means that it is difficult for us to adequately advise our clients on the exact reason for the hold-up.

Various reasons for a delay

In reality, there are many potential reasons as to why an insurance company may not be in a position to progress a personal injury claim. For example, the insurer may experience difficulty in contacting the defendant, and therefore cannot gain an understanding of his or her version of events.

If the third party insurers do not agree a deal, court proceedings may be issued. However, in order to comply with the pre-action protocol for personal injury claims, the client’s claim must satisfy certain criteria. Initially, the claim must be submitted electronically via the ‘MOJ Portal’. If the third party insurers deny liability for the accident – or do not respond within the given time frame – they will be given three months in which to carry out an investigation. If liability is either denied or remains undetermined after this period, court proceedings can be considered.

Whether there has been an increase in fraudulent claims, or simply an increased awareness, solicitors and clients are now forced to provide more and more substantiating evidence.

Third party investigations

Investigations carried out by Third Party Insurers are becoming increasingly extensive – including searching social media for possible links between parties, and inspecting the client’s accident history.

If a claim is issued at Court, and the Defendant has concerns over the validity of the case, the Court will often order the Claimant to disclose various documents – which may include documents such as medical records, ID, details of previous accidents, and mobile phone records.

Whilst fraud claims are properly handled as sensitive and serious matters, Claimants may feel that insurers ‘go overboard’ in their investigations (in that insurers may appear to explore seemingly abstract details in search of ‘alarm bells’ – such as establishing whether an accident has occurred in an area known for producing a high frequency of accidents).

Hampson Hughes Solicitors – the personal injury experts

Here at Hampson Hughes, we understand the frustration felt by our clients where claims do not progress as smoothly as anticipated.

That is why we will ensure that you fully understand the processes involved. So as to progress with your case as quickly as possible, we will seek the evidence we need in the early stages of your claim, and we will make regular contact with third party insurers.

If you, or someone you know, has been involved in a road traffic accident caused by a negligent third party in the last 3 years, contact Hampson Hughes Solicitors today on 0800 888 6888.

£2214.45 donated to Woodlands Hospice

From our employees’ generous donations of a few months period we have been able to raise an amazing £2214.45 for Woodlands Hospice! This will be a huge help towards the costs of running Woodlands Hospice, as it has very limited funds from the NHS and relies on our donations.

Woodlands Hospice is a dedicated charity providing hospice care for the people of North Liverpool, South Sefton and Kirkby. The cares aim is to improve the lives of people who have life-limiting illnesses.

We are proud to of raised such an amount for an amazing charity and we will continue to donate what we can throughout 2020.

The hospice were kind enough to send us a letter:

 

You can learn more about the charity here: https://www.woodlandshospice.org/about-us 

A Guide to Clinical Negligence

When it comes to pursuing legal action, it can be a stressful experience whoever the claim is against, but when it involves someone in a position of respect and responsibility such as a GP or Hospital, it can feel even more daunting. Clinical Negligence Director, Carlos Lopez, a solicitor with 24 years’ experience in clinical negligence tell us the type of questions people often have before starting a claim.

What is a Clinical Negligence claim?

Clinical Negligence claims can occur when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, a failure to refer, treatment, aftercare or health management.

What types of injuries or cases involve Clinical Negligence?

Any injury caused by a medical practitioner, GP, nurse or dentists could constitute a clinical negligence claim. Common examples include:

  • Injury leading to death
  • Incorrect prescriptions
  • Injury caused during pregnancy and birth
  • Delay in diagnosing or treating cancer
  • Sepsis
  • Injury caused in surgery
  • Nerve damage
  • Incorrect dental treatment
  • Incontinence and urological issues
  • Gynaecological injury, including incorrect cervical smear results

If I speak to a solicitor at Hampson Hughes, what will it cost me?

We offer a free initial telephone or face to face interview. If we accept your case, we will, in most cases offer you a No Win No Fee, which means that in the event that you lose your case, you pay us nothing.

If you win, we will recover most of our costs from the Defendants. You may have insurance in place already to bring a claim and we will always make enquiries on your behalf.

I feel guilty suing the NHS…

We are all really proud of our NHS but sadly things do go wrong. By bringing a claim and complaining you ensure that the GP or Hospital’s compliance and legal teams investigate the circumstances.

Often lessons are learnt and procedures changed. However, in reality bringing a claim is often about recovering compensation, which will help support a claimant financially through illness and assist with care, housing and adaptations which may be required to an existing home.

I have lost a loved one, can I still claim…

A claim can be brought by the estate following the death of a loved one. The claim is brought either by an Executor, where there is a will or by a next of kin, who can apply for letters of administration, where no will exists. Compensation can include:

  • Funeral expenses
  • Bereavement damages
  • Compensation for any period of pain and suffering by the deceased
  • A dependency claim for spouse, civil partner or children

If I have been injured who do I speak to?

It is important to seek legal advice if you think you have a claim. However, it is also important to bring a complaint to the GP, Hospital or Dentist involved. Often details on how to complain can be found of the Organisations website, or in the case of GP and Dentists, by sending a letter to the Practice Manager.

If I complain will I be treated any differently?

Put simply no. You can expect to be treated without any prejudice after you have made a complaint. In our experience of dealing with thousands of claims, we have never experienced anyone treated negatively after making a complaint or bringing a case. Once a claim is notified, the claim is usually handled by a third party, so the defendant has little involvement.

Do’s and Don’t

Do’s

  • Try to keep a diary of events and relevant discussions, if you can. As time goes on, memories fade and this will act as a useful reminder.
  • Always complain in writing
  • Keep a record of any travel or other expenses
  • Keep a record of all the help and assistance provided by friends and family
  • Keep positive – we are here to help you and can advise where you can seek other forms of treatment or support, if necessary.

Don’t

  • Try not to be confrontational with medical staff. Whilst we understand the strains placed on you, the NHS has a zero tolerance policy and you may find the Trust or GP unwilling to speak to you. Its important that we find out what they have to say.
  • Do not stop any treatment or cancel appointments. Your health is of utmost important. If you are worried about seeing the defendant, ask to change doctors or consultant. This is perfectly acceptable.
  • Don’t be afraid to ask questions of those treating you. You should find out what additional treatment or action plan is needed to help improve your heath following the mistake.

Why should I instruct a specialist solicitor?

Clinical negligence claims are complicated. They should not be dealt with by Non-Clinical Negligence lawyers. Often Personal Injury lawyers agree to take on these types of claims. These cases involve specialist knowledge and expertise and you should only instruct a lawyer who has significant experience in Clinical Negligence work.

At Hampson Hughes, our staff have over 20 years’ experience at dealing with Clinical Negligence claims.

Our compassionate and experienced team of Clinical Negligence Solicitors are experts in this type of claim, offering sympathetic and highly professional advice about your case. We’re proud of our client satisfaction ratings and testimonials and always seek the best possible outcome for every individual we represent.

If you feel you’ve been subjected to instances of clinical negligence, please contact the Hampson Hughes clinical negligence team today to see if you are eligible to claim compensation, call us free on 0800 888 6888, or email us at info@hampsonhughes.com.

Care Home Worker awarded £2,700 after Accident at Work

Hampson Hughes Solicitors have settled an Accident at Work claim, resulting in £2,700 compensation.

The claimant, a Care Home Worker was working in the kitchen when due to a leak the ceiling collapsed onto the client. As a result of the incident, the client suffered, headaches, sickness, loss of memory, buzzing in ear, pain to neck and post concision syndrome. The injuries are still ongoing.

A total of £2,700 was awarded to the client.

Commenting on the service received, the client said:

‘’ I would just like to thank Nick for all his hard work dealing with my claim. I very much appreciate all of your help. Thanks’’

Workplace accident compensation – expert advice

If you have suffered following a workplace accident, you could be entitled to maximum accident at work compensation.

Remember, we offer you a FREE no-obligation consultation – discover today whether you are eligible to claim workplace accident compensation. Speak to one of our professional and friendly advisers today on 0800 888 6 888 or email claims@hampsonhughes.co.uk.