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Bereavement Damages Increased

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We often act for families in fatal claims. It can be very shocking for them when we explain how little compensation is awarded for the loss of their loved one. Until recently we also had to tell partners living together that no compensation was payable for pain and suffering. We are pleased this has now changed.

The reason for low bereavement damages in the UK is because the Government argues they are only a token sum for a limited group of claimants. However, we can announce that the amount of compensation has recently increased in line with inflation. The award for pain and suffering is now £15,120, starting from 1st May 2020. The call for higher damages and for more people to be entitled to claim has been rejected by the Government.

The Commons Human Rights Committee, chaired by Labour’s Harriet Harman, said further examples of discrimination remain. We hope there will be more changes in the longer term. We meet families with many different relationships and situations and support the need to reflect this in the awards of damages that are recovered.

For more details see:

https://www.lawgazette.co.uk/news/mps-unhappy-over-limited-reform-to-death-damages/5104332.article?utm_source=gazette_newsletter&utm_medium=email&utm_campaign=SQE+%27cultural+bias%27+%7c+Johnny+Depp+libel+trial+%7c+Lawyers+in+lockdown_05%2f19%2f2020

 

 

 

 

TRAUMATIC BRAIN INJURY FOLLOWING A CAR ACCIDENT

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My client’s family instructed me to bring a claim against the insurers of a vehicle that had collided with her car whilst she was on holiday in 2017. I didn’t know my client or her family before her accident. However in the years that I have been involved in her case, they have come to mean a lot to me and to the experts that helped with her personal injury claim.

The accident happened when my client was on holiday. She was driving through the countryside with a friend, when a large vehicle pulled out into her path. Sadly, she suffered terrible injuries. These included multiple fractures to her neck and a severe traumatic brain injury. The artery in her neck ruptured, she fractured her ribs, wrist and knee and suffered bleeding in both lungs. My client’s injuries have left her permanently and severely disabled.

WHAT IS A SEVERE TRAUMATIC BRAIN INJURY?

A traumatic brain injury, which lawyers and experts refer to as a “TBI”, happens when a person suffers a blow to the head or penetrating head injury that interferes with the normal function of their brain. A “TBI” can be mild, moderate or severe depending on how badly the brain has been damaged.

People with a severe brain injury can suffer with permanent debilitating symptoms. Just some of these are paralysis, problems with walking, talking, or swallowing, vision problems, and loss of fine motor skills. These can prevent you from carrying out even simple tasks. Clients with TBI can have difficulty remembering relationships, inability to recognise people or things and inability to process their thoughts. This means even making a cup of tea is hard for them. They often have complex clinical needs and require carers to look after them on a day to day basis and keep them safe.

When clients have severe TBI they often need to have adaptations to their home. If this is not possible they need to move to a new home which can be adapted and has room for their carers who often have to be there 24 hours per day.

It is important to remember that brain injury doesn’t just affect the person that has been injured. It is also hugely challenging for their family and loved ones. Living with a loved one with a brain injury requires enormous resilience, flexibility and communication. My client was fortunate in that she was able to live with her daughter who provided and continues to provide amazing support. She also has the support of two other adult children and extended family.

CLAIMING FOR NEGLIGENCE AFTER BRAIN INJURY

The insurers of the other driver admitted liability for the accident. My client’s injury was so severe that she was not able to provide me with instructions in her case or look after her own finances. Instead one of her daughters agreed to act as her “litigation friend”. A litigation friend is someone who can make decisions on behalf of the injured person and is usually a close family member. It is possible to have a professional litigation friend if there are no family members that can help.

To protect my client’s finances, she also needed a person called a “Deputy” to look after her money. A Deputy is a professional appointed by the Court of Protection. This person will look after the compensation both during the claim and beyond settlement. They help to pay for carers, equipment, therapy, and holidays. They also make financial decisions on her behalf with the help of an investment adviser.

WHAT EVIDENCE IS NEEDED?

As a lawyer acting for a client with a brain injury, it was my job to get evidence to prove the extent of her injuries and what that would mean for her in the future. This is called quantum evidence which is needed to support the amount of compensation. Damages are paid to reflect the amount of pain and suffering for a client. They also take account of past expenses and future costs related to their injuries. Working out future needs is complicated. To do this we obtained evidence from various experts including experts in brain injury, accommodation, and care.

It was also vital to get witness statements from my client’s friends and family. Expert reports are an important and necessary part of brining a personal injury claim. However it is the witness evidence that really tells you what your client was like before you met them under such awful circumstances. I took a witness statement from one of my client’s close friends and she painted a picture of a truly beautiful woman, not just in appearance but in her indomitable love of life and all it had to offer. My client was very much a woman who took every opportunity that life threw at her and embraced it with open arms. She loved the outdoors, socialising, music, culture and anything interesting that enhanced her life. She particularly adored spending time with her grandchildren and daughters. She was and is extraordinary.

HOW IS THE COMPENSATION SPENT?

My client’s settlement will contribute to the costs of her care (which she requires 24 hours per day) and to additional private rehabilitation so that she can stay as clinically well as possible. It has also enabled her to make adjustments to her home. The compensation can also provide for items such as a special vehicle so that she can get out more and enjoy the outdoors again.

Compensation can in no way give my client and her family back the life they had before. Nevertheless it can help to make her future easier to bear and ensure she has the best quality of life. Getting advice from a specialist personal injury solicitor makes all the difference in cases where a client depends on their compensation for the rest of their lives. This is what makes my job so rewarding. It has been an absolute privilege to resolve this case on behalf of such an amazing woman.

COVID-19 Update

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We work with vulnerable clients and wish to limit any risks to them and to our staff as a result of COVID-19. Nevertheless, we are confident that we can continue to provide the quality of service which our clients rightly expect during these uncertain times. Read more

All Barratts’ Partners Recognised For Personal Injury And Clinical Negligence Work

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Chambers is a highly reputable independent legal guide which ranks firms all over the world. In Nottinghamshire we are proud to be named as one of only 2 firms recognised for Personal Injury and Clinical Negligence claims. Barratts only has senior expert lawyers to handle this extremely complex area of law which means clients have a dedicated, specialist lawyer to advise throughout their compensation claim . This is vital for clients facing one of the most traumatic times of their lives coping with brain injury, spinal injury, cerebral palsy and fatalities.

Our partners have again all been individually recognised for their expertise which is an amazing achievement. Here is what Chambers reported:

Personal Injury Department

Sources praise department head Ed Myers for delivering an “excellent service.” He is an experienced practitioner in brain and spinal injury claims, as well as representing clients in CICA cases.

David Tomlinson is recognised as “a go-to person for top-value claims.” He is noted for acting in highly complex claims involving catastrophic injuries resulting from RTAs.

Clinical Negligence Department

Alison Brooks has experience in medical negligence inquests and cerebral palsy cases. Sources are impressed by her “good technical knowledge and experience, clear instructions and focused follow-up.”

Julie Hardy is “outstandingly personable, an extremely good communicator, very tenacious and a delightful person all round,” according to interviewees. Hardy demonstrates expertise in fatal incidents relating to mental health and negligent care cases, as well as high-value birth injury and surgical negligence matters. She is valued by clients for being “passionate about reaching the right outcome,” with one source adding: “She made it very easy to get through the case and had my best interests at heart at all times.”

The “immensely supportive, calm, organised and informative” Emma Zukowska demonstrates expertise in complex birth injury and surgical error cases. Interviewees also note: “She has very good medical and legal knowledge, as well as good judgement.”

Thank you!

Thanks go to all our hardworking staff who make it possible for us to support our clients coping with traumatic injuries. We also recognise the extraordinary clients we have met over many decades who not only cope with adversity but manage to overcome appalling circumstances. Compensation does help to rebuild lives by putting therapy, care and treatment in place. We are a small piece of that puzzle but making a real difference is what keeps our lawyers fighting for injured clients.

Top for Personal Injury and Clinical Negligence Again

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Legal 500 is an independent guide of law firms all over the world and recognsied as a benchmark for quality. Each year law firms are judged on their work by asking what their clients and other professionals think of them. Barratts Solicitors has consistently been ranked top for claimant personal injury and clinical negligence work. We know how important the views of our clients are which is why we never take our top ranking for granted. We can only stay at number one with an expert team of lawyers and dedicated staff to provide top quality advice every year.

Consistency

Barratts always wanted to stand out from the crowd, putting client needs 1st and offering a very personal service from a small niche firm. We are delighted that our client approach continues to be recognised by Legal 500 whose staff spend many hours ensuring only the best lawyers are named in their top tier. Many firms apply to be ranked but few are named and even less come top every year. Making a real difference to the lives of our injured clients is paramount. It is a privilege to help seriously injured clients maximise their quality of life and reach their potential, working with families during litigation and after compensation has been awarded.

 

Accidents in Europe After Brexit

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Mollweide Projection of the World

With all the news about deal or no deal and backstop clauses, you may be forgiven for not thinking about what will happen if you have an accident in Europe after March 2019.

At Barratts Solicitors we have a reputation for pursuing claims for clients who have been injured in road traffic accidents anywhere in the world. As an EU citizen, if you are injured in the EU, we are able, in almost all circumstances, to pursue your claim in the UK Courts. This avoids the need to identify an EU lawyer and the problems of litigating in a foreign language with unfamiliar procedures.

We have successfully helped clients in this way. It limits their stress as they have direct access to an English lawyer and a familiar country. However, if we leave the EU, there will be no such right to bring a claim in the UK. Access to justice will be seriously impaired. This is because the ability to bring a claim in this country will be removed. Injured clients will have to find and instruct a lawyer in the country where the accident happened. They may have to return to the country, where the accident occurred, for the case to be heard. This can be very traumatic.

We will continue to do all we can for individuals injured abroad, but the new regime will undoubtedly prejudice many people injured on European roads.

To find out more about the campaign to protect victims of road traffic accidents in Europe, the Association of Personal Injury Lawyers (APIL)  are campaigning on this issue. We would urge you to read their briefing policy for the Government:

https://www.apil.org.uk/files/online-files/165-742534/MotorVehiclesAmendmentAPILBriefing.pdf

 

Extending Legal Aid for Inquest Costs Rejected

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For some families, an Inquest can be an important, yet inevitably very difficult, part of the grieving process following the death of a loved one.  The purpose of an Inquest is to reach a conclusion regarding the circumstances of a person’s death and throughout the process the Coroner is guided by the evidence of key witnesses.

 Nottingham Coroner's Court

At Barratts we often receive instructions to provide legal assistance at Inquests on behalf of the bereaved families, to assist them through what can sometimes be a complex process. Legal representation also ensures that families are fairly represented and on an equal-footing with other parties (such as medical practitioners or local government organisations) who will have the financial and legal backing of the Hospital Trust or Local Authority.

Obtaining answers for the bereaved family is intended to be the focal point of the Inquest, but in circumstances where the level of trust has already been broken between the family and others involved, fairness and equality is of paramount importance. The prospect of a formal Inquest can be very daunting for those involved. Families need to be confident that they are asking the right questions of the witnesses and that they can understand the answers without being overwhelmed by medical and legal jargon. It is also important for families to be sure that the Coroner has been given all the relevant evidence from everyone involved, including themselves, to make an informed decision about the cause of death.

Whilst public bodies and other organisations will have the financial support to obtain a high level of legal representation, families often do not.  The cost involved can be the deciding factor as to whether legal representation is obtained at all.

Like most injury lawyers, we were delighted when the Ministry of Justice indicated that they would look at the possibility of introducing public funding for families at Inquests where a State organisation is legally represented.  Lawyers have long been campaigning for equality of arms between bereaved families and the State at Inquests.

Disappointingly, the Ministry of Justice announced last week that it would not introduce automatic public funding in Inquests where the State is represented.  Instead funding will only be reserved for the ‘most serious cases’.

This decision has been met with an outcry of disappointment from bereaved families and those organisations which have campaigned on their behalf for further support. Those same concerns have been previously echoed in a 2017 government-commissioned report – which reviewed the experiences of families affected by the Hillsborough disaster – and highlighted a ‘pressing need’ for families to receive publicly funded legal representation.

Legal Aid is still available in certain circumstances for representation at Inquests but its availability is very limited.  Our Clinical Negligence Partner Julie Hardy has obtained Legal Aid on behalf of two clients in recent years to provide representation at an Inquest concerning deaths occurring due to failures in medical care.  Sadly we have had many other clients who have not been granted funding; this is despite the fact that they have lost family members in the most tragic of circumstances and the public purse has funded legal representation for the organisations which the family believe are responsible for the death.

The campaign for bereaved families will continue but in the meantime the Ministry of justice have lost an opportunity to redress the imbalance between families and Government organisations. See what the Law Society Gazette has to say on our Facebook page.

Click https://www.facebook.com/pg/BarrattsSolicitors/posts/?ref=page_internal
then use the search box on the right to look for “inquests” and you’ll be able to read the post from February.

Why Does Legal 500 Rank Barratts Top?

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Excellence shown on a compass

We have already shared the news about independent legal guides, Chambers and Legal 500, naming us top for medical negligence and personal injury. Here is more insight into the Legal 500 ranking which may make you think twice about choosing a solicitor without our expertise.

More than four million users visit The Legal 500 website each year. The guide offers reliable and up-to-date information on law firms. These rankings reflect detailed analysis of law firm submissions and thousands of interviews.  Every firm ranked – and individual mentioned – in the UK Legal 500 UK Solicitors guide is ‘recommended’. As editor Georgina Stanley commented: we have a ” changing UK legal market, where diversity, value for money and the ability to make informed decisions are more important than ever.”

The reviews are from clients and professionals who know what work we do; there is no payment to Legal 500 and many firms apply each year but few are named.

Legal 500 only names a small percentage of lawyers in the UK and even fewer are at the top of their rankings. At Barratts we have been consistently top since the firm was established. Why is this?

Here is what Legal 500 reported this year:  
Barratts Solicitors fields a ‘highly respected’ and ‘first-rate’ team that ‘puts its clients at the heart of the very personal service it provides’ and ‘shows complete commitment to its cases’. The group excels in complex personal injury and clinical negligence litigation, with a strong focus in maximum severity cases, including fatal claims and cerebral palsy cases and matters with a cross-jurisdictional component.

On the personal injury side, the department has a strong track record in matters involving brain and spinal injuries, often offering an early assessment of cases and experience in securing accommodation needs, therapies and other rehabilitation measures. Ed Myers is named as a leading individual.

On the clinical negligence side, the team is especially well-versed in cases involving damages sustained at birth, often obtaining multimillion-pound awards. Clinical negligence regarding cauda equina syndrome, spinal abscess, GP negligence and surgical mismanagement form a particularly large part of the caseload.

The firm also fields a dedicated Court of Protection team led by legal executive Julie Greenwood. Personal injury expert Ed Myers and clinical negligence specialist Alison Brooks, ‘who cares passionately about her cases’, jointly lead the practice. The other key players are Julie Hardy, Debra Morris, David Tomlinson and the ‘particularly strong’ Emma Zukowska.

 

With recommendations like this and a guaranteed senior expert lawyer to personally handle your case, why choose anywhere else? If you think you may be entitled to compensation give us a call.