If you’ve been hurt in an accident in Merton caused by the negligence of a third party, or lost a deposit because of dishonest practices by your landlord or your bank, then you could be owed compensation. Compensation to cover not just the pain and suffering you might have been through, but also any expenses related to the consequences of your accident, medical costs, therapy costs, travel costs, lost earnings and the costs of damage to your property and belongings. You can seek compensation through a compensation claim.
You may have a much better chance of winning your claim by working with a no win no fee solicitor than if you tried to manage your claim by yourself. A solicitor will know how the law works, how to gather evidence and will likely have years of experience in dealing with cases like yours. Our panel of solicitors covering Merton who can handle all kinds of different compensation claims, the guide below will detail how and when you can make certain types of compensation claims, including claims abroad. If there is anything you need to know or discuss in detail that isn’t in this article please either ring us on 0800 073 8802 or fill out this page to have our team call when it is convenient for you.
Am I Eligible To Claim With A No Win No Fee Solicitor?
If you make a claim with our panel of solicitors you will be able to do so on the basis of a no win no fee agreement, also referred to as a ‘CFA’ (Conditional Fee Agreement). No win no fee agreements allow you to make a claim without having to make up-front payments for your solicitor’s fees, which could enable you to win a claim without spending any of your own money.
This is accomplished by signing a contract with your solicitor which states their legal fees will not be settled unless compensation is awarded. If you are awarded compensation, you will be expected to pay your solicitor by granting them a portion of your compensation sum. The solicitor’s share will be capped at a maximum of 25%. This method of making a claim is less risky to the claimant than a standard personal injury claim, which is described in more detail here. For more details ring our team.
Choose Your No Win No Fee Service Or Accident Claim
- Merton Car And Traffic Accident Injury Claims
- Medical Negligence Claims Guidelines
- Accident At Work Compensation Claim Rights
- No Win No Fee Holiday Accident Compensation Solicitors
- Criminal Assault Victims Compensation Claims
- What Other Injuries Are Eligible For Compensation?
- Negligent Financial Advice And Pension Mis Selling Claims
- Rental Deposit Dispute Compensation Claims
- Compensation And Damages For Housing Disrepair In Merton
- Start A Compensation Claim
- Helpful Merton Borough Resources
The Department for Transport states that 160,597 of all severities casualties in road traffic accidents were reported on 2018. Casualties of all severities can range from whiplash to broken bones, internal injuries, brain damage or death. Any injury you suffer in a traffic accident which wasn’t your fault could entitle you to compensation. If you have been in an accident it is key, if you can, to take photos of the scene, of the damage to your car, of the issue with the road which may have caused the accident and to get the registration number and contact details of the driver who hit you.
It is important to determine and prove responsibility for the accident in order to be able to claim compensation. Responsibility, and therefore liability for your compensation, could either rest on the driver who caused you to crash through their negligent driving or with the authority responsible for the road you were driving on by failing to prevent disrepair and driving hazards. Depending on whether you were driving on an ordinary road or a motorway, this body would either be the local authority or Highway England. If a driver is liable then the compensation will be paid by their insurance. Crashes caused by uninsured drivers or hit and run drivers will be referred to the Motor Insurance Bureau.
If a doctor or a nurse, or the working practices of a hospital causes the illness or injury for which you are being treated to get worse, or inflicts new illnesses and injuries through negligence, carelessness or incompetence it could entitle you to compensation. The same applies to any professional or organisation providing care or treatment in the health sector. Midwives, dentists, surgeons, cosmetic surgeons, hospital staff are all responsible for upholding high expectations and standards of care for their patients.
Some examples of harm which could entitle you to compensation if it is inflicted by negligence include:
- Misdiagnosis, or late diagnosis, of a condition or illness. This can lead to the patients’ health worsening, causing unnecessary harm and suffering.
- Incorrect application of anaesthetic during surgical or dental procedures, resulting in awareness during the operation or prolonged and potentially dangerous unconsciousness.
- Poor hygiene resulting in infections.
- Errors in surgery, such as performing the wrong operation, removing the wrong organs or failing to remove all tools from the patients body at the end of surgery.
The Health And Safety Act 1974 states that it is the responsibility of employers to keep the workplace as safe as reasonably possible. Your workplace should be kept to reasonable standards in which hazards to health and safety have been reduced to a minimum. You also have the right to claim compensation without fear of being laid off if you have had an injury or had your health impacted by a lack of safety measures at work. In addition to the health and safety act, employers must also act upon health and safety concerns that are raised by employees, otherwise they can be liable for the compensation claims. Note that it is not just physical harm for which employers can be liable, if an occupation inflicts mental health problems on employees due to issues such as stress or anxiety and an employer knowingly allowed these issues to happen they could be made to pay compensation. The following are some examples of how a negligent employer could put their employees at risk.
- Not providing the correct training, such as in the safe use of certain equipment
- Not providing correct Personal Protective Equipment (PPE), such as face masks to protect staff from inhaling dangerous substances.
- Not carrying out risk assessments to identify potential hazards.
- Not ensuring that the working area is safe by providing necessary ventilation, lighting and by removing tripping or slipping hazards.
Our panel of no win no fee solicitors can also cover Merton to deal with claims for matters outside of the UK. They could help you win compensation if you had an accident or took ill while on holiday, due to the negligence of a foreign business or service provider. Say for instance you were injured while taking part in an activity, like sailing or skiing, because the service provider for the activity was negligent, or if you became ill or got hurt because the resort you stayed in was unsafe or unhygienic.
Our expert panel of holiday compensation solicitors may be able to win compensation under foreign law against the foreign business responsible if you arranged the holiday yourself. However, if you booked the holiday through a tour operator and the service or business which caused the harm to you was arranged by that tour operator as a package deal, then the tour operator could be the liable party for your compensation.
In addition to illness and injury while abroad our panel of solicitors can also help you gain compensation for delays to your flight. The Montreal Convention ensures that victims of flight delays, crashes and loss of or damage to property due to the negligence of airlines can claim compensation from airlines. Through this legislation our panel can help you secure compensation if the negligence of the airline has delayed your flight for more than three hours through mechanical problems.
If someone has committed a violent crime against you, such as an assault, an armed robbery, a stabbing or sexual assault you could be entitled to criminal injury compensation for the injuries and psychological harm you suffered. Assault claim compensation is all handled by the Government’s ‘CICA’ body, which stands for Criminal Injury Compensation Authority. There will need to be evidence to support your claim and the matter will have to have been reported to the police. You can receive compensation if there is no conviction for the assault, but you may harm your chances of winning compensation if you haven’t been fully cooperative with the police.
Criminal injury claims are subject to a time limit of two years, you cannot begin a compensation claim more than three years after the attack took place. However, you may be able to start to seek compensation many years if you were the victim of a sexual assault, rape or childhood sexual abuse. Our expert advisors will understand and be patient with any difficulties you may have discussing matters related to suffering sexual abuse or rape.
Tripping, slipping and falling can cause severe injuries including broken bones and soft tissue injury. If you fell over and hurt yourself in a public place because the local authority or business responsible for the location where the accident happened did not take action to remove the hazards then our panel of personal injury solicitors could help you claim compensation from them.
- Claiming on behalf of someone else
Sometimes a person suffers harm as a result of negligence who is not able to bring about a compensation claim for themselves, such as children and elderly people with illnesses such as Alzheimer’s. If you have such a dependent who has been hurt by negligence, you could make a compensation claim on their behalf. You could claim if your child was hurt due to negligence while in school or day care or due to faulty playground equipment. You could claim if an elderly relative has been harmed by medical negligence in a hospital or a nursing home.
- Claims for allergies or food poisoning
Restaurants and cafes can be made to pay compensation to any of their customers who come to harm due to their negligence. Restaurants can put people in serious danger by allowing cross contamination of allergens in food ingredients or by not having warnings about allergens in their menu’s. Restaurants can also be liable for outbreaks of food poisoning linked to poor hygiene in the kitchen, or injuries that might occur because food or drink was served too hot or on cutlery that was overheated.
Businesses selling financial products and financial advice can be made to pay compensation for causing their clients to lose money by deliberately giving unreliable advice or selling unreliable or inappropriate financial products for their own benefit. Pension mis selling (and other forms of financial mis-selling) can also result in a bank or business facing legal charges brought against them by the Financial Conduct Authority. If you buy a financial product, such as a pension plan, that is inappropriate for your income or health situation or which entails financial risk, you could end up losing money.
If any of the following practices were used while you were buying a product that caused you to lose money you may be able to claim back compensation from your bank or financial advisor through our panel of solicitors.
- Trying to pressure you into choosing a certain product
- Trying to sell a certain product to you without informing you of an alternative that may be more beneficial or more suited for you.
- Trying to sell you a product such as insurance or a pension without asking you for information about your health status and medical history.
- Selling you a product that carries certain risks, such as a pension scheme invested in volatile market sectors without informing you of the chance of losing money
- Selling a product with hidden fees and charges.
Rented properties will almost always require a tenancy deposit. Once that deposit is paid in a landlord is charged with having it put into a Tenancy Deposit Scheme. A TDS is designed to ensure that your deposit will be safe for the duration of your tenancy. The deposit has to be paid into the TDS by the landlord within thirty days of receiving it from the tenant, once this is done written notice has to be given to the tenant informing the that their deposit is in the TDS. Failure to do this is unlawful and could enable you to make a claim against them for compensation.
A tenancy deposit has to be returned to the renter when the renter moves out of the property. A landlord cannot withhold the deposit unless there are damage costs to the property caused by the renter which need to be paid. In a rental deposit dispute under UK law doing this would make the landlord liable for both compensation to the renter and for a fine. Your landlord cannot serve you a section 21 eviction notice if you are in a rental deposit dispute with them, this page on the Shelter’s website further outlines your rights when in a rental deposit dispute.
If you have been living in a rented property from a landlord or a local authority you could well have had your health put in danger. Living in a house or flat which is not well maintained can put a tenants health at risk in a number of ways.
- Flooring: ripped, ill fitted carpets and linoleum can cause a tenant to trip and injure themselves. Tenants could also fall due to missing, loose or weak floorboards . Floorboards with protruding splinters and nails are also dangerous.
- Water related issues. Water ingress due to broken brickwork on the exterior of the house, damage to the roof, plumbing and guttering can be unhygienic, as well as causing damage to your belongings. In the long term water damage can lead to damp and mould which is harmful to your health.
- Pests and infestations: Bedbugs and other forms of lice in the furniture can lead to a variety of skin and respiratory conditions. Mice, cockroaches and other vermin can spread infectious diseases.
Landlords and councils are responsible for the upkeep of rented properties. Unless the damage was caused by the tenant themselves they could be liable for compensation awarded to a tenant who has been hurt or made ill by the poor state of their housing. If you go ahead with damages for housing disrepair you should read up on the procedure on justice.gov.
Get In Touch
To begin a claim or to simply seek advice, our number is at the top of this guide. If you wish to arrange a call for a certain time click here.
Discuss Your Claim
Our team can give you expert advice on your situation, be prepared to discuss the case in detail with them. They can also put you through to our panel of no win no fee solicitors.
Manage Your Claim And Stay Up-To-Date
Setting up a claim with our panel of solicitors and staying up to date with its progress is easy. You can do it all by having phone calls with your solicitors, sending emails and having video calls. Visiting them in person is not necessary.
Our Panel Of Doctors Covering Merton
When claiming compensation for injury or illness you will require a medical examination by a doctor for confirmation of your condition and to estimate the compensation you are requesting. In the table below is a number of doctors who cover exams in your area.
|Bhaswati Majumdar||The Antoinette Hotel
|Kashif Aziz||West Thames Physiotherapy
31 Hounslow Road
St Helier Hospital
St Helier hospital houses the Queen Mary’s children’s hospital and the South West Renal and Transplantation service.
Epsom And St Helier University Hospitals NHS Trust
Epsom and St Helier University Hospitals NHS Trust provides health services to 490,000 people in south west London and north Surrey.
Written by J.K.
Edited by H.E.