No Win No Fee – What does that mean?

Looking for free legal representation in a personal injury claim? When it comes to litigation cases like personal injury, solicitors cannot act for free but they can act under agreements that are commonly known as No Win No Fee agreements.

But what does No Win No Fee mean?  It means that we agree to take on your case and do not charge you for our time and expenses until you win your claim. When you do win we take the benefit of the general costs rule in litigation which is that the losing party pays the winner’s costs. We therefore submit our bill of costs that would otherwise be payable by our client, to the opposition party to pay.  The opposition party generally only have to pay our ‘reasonable costs’ which means that they will do their best to reduce our costs to what they consider to be reasonable. If we cannot reach an agreement on what costs are reasonably incurred then the matter is taken to court and before a judge to make that decision.

How do we value a claim for personal injury?

Despite the best medical developments it is highly unlikely that a sum of money can put one back to their pre-accident state, free of injuries. So how do we decide what you should accept in compensation for the injury that you have suffered?



Article by Nidhi Chopra

The law provides for compensation to an injured claimant for the pain, suffering and loss of amenity that has been caused as a result of the accident. How do we know what pain suffering and loss of amenity that has been caused to the Claimant following an accident? We do this by obtaining independent reports that are accepted by the Court from appropriate medical expert witnesses. The experts provide their opinions as to what the Claimant has suffered as a result of the incident, what further treatment they could need to get them in a better state and what their long term prognosis is likely to be.

Traumatic Brain Injury or Head Injury

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One of the most interesting and rewarding aspects of my job is dealing with personal injury cases that involve a head injury. I have dealt with a number of non-fault accident cases where the injury has involved a blow to the head. The effects of this type of injury to a person is profound and when we come across such a claim we look into how the injury has affected the client’s family and friends, how their work and career is affected and what their future is likely to hold for them so that we can secure the best compensation for them.

Team Bonding Days

Are team bonding days’ worth it or just ‘forced fun’.

At Garden House they are definitely ‘fun’ and absolutely not ‘forced’!

Our motto is ‘work hard/play hard’ as you can see from this picture.

We believe that team building is a positive exercise that fosters trust and kindness.  It creates gelling of the team, pulling together during tough times and sharing the workload which transfers to the workplace.

We certainly intend to have many more and suggestions are very welcomed.

Article by Patricia Ling

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Fatal Accidents and Claims for Bereavement Compensation



Article by
Nidhi Chopra



It is an extremely difficult time when a loved one passes away, but when the death is caused by someone else’s negligence or fault then natural feelings of bereavement are also accompanied by resentment and numerous unanswered questions.

When there has been a violent, suspicious, unnatural or a sudden death of an unknown cause, the death is reported to a Coroner who will make inquiries to establish the cause of death. The Coroner may hold an inquest hearing. Reports to the Coroner are often made by doctors, hospitals and the police. The victim’s family are able to review the reports and attend the inquest to hear the evidence.

Whether the death was caused through a road traffic incident, a hospital operation going wrong, or a workplace disease; if investigations and evidence suggests that the death was caused by someone’s negligence or fault, then the law has made provisions to allow bereaved relatives to claim compensation from the wrong doer to support them, as far as money can provide, for their future. 

Manual Handling at Work

One of the most common causes of injury at work is incorrect manual handling. It can cause Musculoskeletal Disorders (MSDs) which account for more than a third of all workplace injuries. Common questions regarding manual lifting at work include:

Are there any weight limits on manual lifting?

The law does not specify a safe maximum weight limit. Instead it places a duty on employers to manage or control risk. The measures an employer must take to meet this duty will vary depending on the circumstances. For instance, the employer should consider the strength and fitness of the employee and the weight of the load and distance to be carried.

Should I take a manual handling training course and what will it involve?  
Manual handling training courses should involve learning about manual handling risk factors and how to avoid injuries along with how to safely manually handle goods and the use of mechanical aids. Although training can be important in reducing the risk of injury at work, employers should supplement this with monitoring and reviews of procedures to guarantee that practice is safe. 

Does a 'no lifting' policy exist?

The Manual Handling Operations Regulations 1992 (as amended) do not exclude individual types of manual handling or endorse 'no lifting' policies. Manual handling should be limited to circumstances where it cannot be avoided and only where the risk has been assessed and minimised.

Free Employment Seminar

We are hosting a free employment seminar targeted at employers running small businesses.   

Nidhi will be discussing:

• contracts of employment,  
• handbooks, 
• handling difficult employees, 
• other general areas of the law to help employers protect themselves from potential claims. 

When: 10 April 2013     6pm to 8pm 

Where: Hertford Castle, Hertford, SG14 1HR

Special Offer: All attendees instructing the firm on one or more of the matters discussed will be offered a 15% discount on legal fees.  (Subject to terms and conditions)

If you or anyone you know is interested in attending please email Nidhi - Nidhi@gardenhousesolicitors.co.uk to reserve a place.

 
www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Bringing a Claim for Personal Injury – the Justice, the Industry and the Risk

Article by
Nidhi Chopra

Garden House Solicitors are renowned for our personal injury work. We do not take on cases through Claims Management Companies and we are often instructed by people who have been recommended to us by previous clients. As a solicitor it is very rewarding to reach a successful outcome for a client that has had the misfortune of suffering a life changing injury, caused by the negligence of another.  Many injuries are life changing and not only for the client but also their family.  

In a claim for personal injury a client is able to recover compensation for the pain suffering and loss of amenity that a client has suffered as a result of the injury. The client can also claim for financial losses that are incurred and will be incurred in the future as a result of the accident. By taking detailed instructions and through the use of evidence from expert witnesses we are able to build a description for the Court of what our client has suffered and what their life is likely to be like in the future so that an appropriate award can be made. 

The Judicial Studies Board has set up guidelines on how much compensation should be awarded for each injury. We value a client’s injuries in accordance with those guidelines and also by giving consideration to awards made in previous cases where similar injuries have been suffered. 

There's More to Law than a Bore!

The legal world changes every day, so we try and give you as many ways to keep up to date as possible.  We also think it's important you get to know us - after all, you wouldn't buy a car without a test drive so why instruct a solicitor before you get to know them!

As well as being able to subscribe to our blog you can 'Like' our Facebook page:
www.facebook.com/GardenHouseSolicitors

You can also follow our team on Twitter:
Kevin Timms - https://twitter.com/#!/KevinTimms_GHS
Patricia Ling - https://twitter.com/#!/TishLing_GHS
Sharon Brown - https://twitter.com/#!/SharonBrown_GHS
Nidhi Chopra - https://twitter.com/#!/NidhiChopra_GHS
Dave Koon Koon - https://twitter.com/#!/DaveKK_GHS 
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Marsha Schwartz - https://twitter.com/#!/Marsha_GHS 

If you're a fan of LinkedIn you can also follow the firm there:
http://www.linkedin.com/company/garden-house-solicitors

If you have any specific questions please telephone 01992 422128 or email info@gardenhousesolicitors.co.uk and one of the team will be happy to help.




www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Compromise Agreements

Article by
Nidhi Chopra

With the recession continuing to affect the economy, I am finding a significant increase in Employees seeking advice on Compromise Agreements that have been given to them by their Employers. 

More often than not the Compromise Agreement is presented to the Employee when the Employer wants to terminate a contract of employment, settle existing disputes and/or curtail the risk of future claims. The existence of the Compromise Agreement can be kept confidential and all discussions relating to it should be on a without prejudice basis.