Category: Mediator

Orthopaedic surgery negligence: do you have a claim?

Orthopaedics is a common area of medicine where medical negligence claims are brought. If you’ve recently had orthopaedic treatment and are less than happy with the result, you may be wondering if you are entitled to claim for damages.

What constitutes ‘orthopaedics’?

The field of orthopaedics includes anything to do with treatments for injuries and conditions affecting the musculoskeletal system, specifically the following:

• bones
• tendons
• joints
• muscles
• ligaments
• cartilage

Common conditions that are dealt with by orthopaedic surgeons include:

• fractures
• hip replacements
• spinal injuries
• knee replacements
• bone tumours
• bone infections
• congenital birth defects

Although the majority of treatments that are carried out are successful, all operations and procedures carry an element of risk. Errors do occur, which can have a massively detrimental effect on a patient’s life, causing pain and suffering, and even preventing them from working.

Common errors in orthopaedics

There are a number of common failings that can lead to long-term health issues for which you may be entitled to claim compensation.

1. X-rays and scans can sometimes be misread. This can lead to a delay in your treatment, potentially meaning long-term problems as conditions get worse.

2. The failure to spot a fracture during an initial consultation can lead to ongoing pain and potentially poor healing of the bone, resulting in the need for more surgery to correct the problem.

3. Poor husbandry whilst on the orthopaedic ward can result in infection post-surgery. This could potentially be life-threatening if the infection is not treated quickly enough.

4. If prosthesis is required following amputation, it must fit correctly. If the prosthetics are not fitted correctly, this can lead to pain and ongoing problems with mobility.

What can you claim compensation for?

You could suffer financially if you have been unable to work since your treatment. This applies whether you’ve had to miss work for a few months or whether you can never work again. Your claim in these circumstances would be for ‘loss of earnings’.

Psychological damages can be claimed, for example if you have suffered depression as a result of malpractice that has left you partially paralysed and requiring adaptations to your home.

You can make a claim for physical suffering if your treatment has left you in continual pain or if you suffered pain unnecessarily for a prolonged period of time, due to the practitioner’s negligence.

If any of this sounds familiar, consultation with experienced direct access barristers should be your next course of action.

Get expert legal help

If you think that you have suffered as a result of medically negligent orthopaedic treatment, a direct access barrister could help you make a successful claim. To find out how our experienced barristers could help, contact us today.

Instructing a direct access barrister when facing a drink driving charge

Facing a charge of drink driving is always a stressful time. The majority of those that face this charge will never have dealt with police before, let alone faced a Magistrates’ Court appearance. A conviction can change your life, so it is vital that you make the right moves when choosing someone to represent you.

Solicitor or Barrister?

The main differentiator between a solicitor and a barrister is that a solicitor is a more general lawyer with the qualifications and skills to deal with all manner of legal work. They do not specialise in any one type of advocacy, but have authorisation to appear in the lower courts. Barristers, on the other hand, are specialist advocates with the training to appear in Crown and High Courts. They are able to appear in all types of court.

Nowadays, direct access barristers are available to the public. Traditionally, there was no way to instruct a barrister yourself; you had to do so via a solicitor. Now, you can contact a barrister directly to have them take on your drink driving case and give them your instructions. This will allow you to have a conference with the barrister before your hearing, as well as for the hearing itself.

Some barristers even have the authorisation to conduct litigation, meaning they can deal with the entire drink driving case for you in addition to the court appearances. Your barrister will attend the court hearing with you if it doesn’t clash with another court case, but if they can’t they will appoint a suitable substitute.

Choosing the right barrister

The best starting point is recommendations. Friends, family or work colleagues may have had a good experience with a solicitor or barrister, and if that person can’t take on your case directly they can usually recommend someone good who will.

An online search, such as on Barristers4U, will help you to find direct access barristers who have a history and specialism in drink driving cases.

When you find a barrister you think would be good, you can contact them. Barristers4U offers free, no-obligation quotes, where you can find out how a barrister will help you and what their experience is in dealing with drink driving charges.

What counts as sexual harassment in the workplace?

An avalanche of sexual harassment accusations has found its way to the limelight recently. A multitude of individuals from politicians to A-list celebrities are at the centre of colourful sexual harassment charges and court cases. But what really counts as sexual harassment in the workplace and what can you do to stop it?

What you need to know

There is a wide range of behaviour that could be labelled as sexual harassment. According to the Equality Act of 2010, it is unlawful to harass employees on a number of grounds. These include race, age, sexual orientation and other factors.

If you make a claim, it will be handled by the Employment Tribunal. The time limits are strict and the harassment has to have taken place in the last 3 months. If you feel you have been sexually harassed, you must report it as quickly as possible for it to be valid.

Under section 26 of the Equality Act, sexual harassment is misconduct related to sex. If it has the purpose or effect of ‘engaging in unwanted conduct of a sexual nature’ or violating the victim’s dignity then it is counted as harassment.

Common scenarios

If someone has purposely tried to harass you or done something that makes you feel the effect of harassment then you may have a claim. Here are a few common scenarios that can be disputed in court.

1. Unwanted touching over or under clothes.
2. Banter resulting in you being targeted due to gender or gender preferences.
3. Unwanted sexual advances by an employee or boss.
4. Viewing of pornographic images in your presence.
5. Spreading of rumours about your sexual life.
6. Unwanted comments or sounds in your direction such as wolf-whistling or kissing sounds.

What to do?

Sexual harassment and any other kind of harassment is illegal in the workplace and should not be tolerated. If you feel like you have been harassed, then you should immediately seek out legal help. Direct access barristers are a great source of free legal advice. Send us a message and we will walk you through the next steps. Laws exist to serve everyone and we all deserve excellent legal aid.

How can a barrister help me with a settlement agreement?

If you are an employer or employee that is party to a workplace dispute, you might be considering instructing a barrister to advise you on a settlement agreement.

Why would an employer offer a settlement agreement?

Employers might offer a settlement agreement to bring an employment dispute to an end. If you are an employer that is concerned about an employee bringing a claim against you at an employment tribunal, a settlement agreement can be a useful way of ensuring they do not. Settlement agreements are legally binding and prevent the employee bringing a claim for disputes or conduct outlined in the agreement.

Having a watertight settlement agreement in place can protect the reputation of your business and also save the additional time and cost that you could incur if you were to go to an employment tribunal. It is essential to get expert legal advice to ensure your business is adequately protected from potential employee claims, and an expert employment barrister is the most qualified to assist you.

What should an employee look for in a settlement agreement?

If you have been offered a settlement agreement by your employer, you do not have to accept the agreement right away. In fact, it is actually a legal requirement that you have had independent legal advice with regards to the settlement agreement otherwise it will not become legally binding.Often, employers will offer to pay the legal expenses associated with seeking legal advice on a settlement agreement.

Your barrister will seek to get you the best deal possible, including a monetary settlement, a good reference, a preferable termination date if your contract is to come to an end, and any other benefits you believe you are entitled to. The financial amount you might expect to receive should be in line with: what an employment tribunal would be likely to award you if you were to bring a case before it, length of service, your position, the difficulty of getting a new role and the length of time you can expect to be out of employment, along with other factors which might affect your overall financial position.

Settlement agreements can be a useful tool for both employees and employers, and expert legal advice is essential in getting the most out of a settlement agreement. To discuss how our barristers might help you get the most out of a settlement agreement, contact our direct access barristers now.

How much could a barrister help me claim for a motorcycle accident?

If you have been involved in a motorcycle accident that was at least partially the fault of someone else, you might be wondering whether you are entitled to compensation and how much you are able to claim. This post looks at how your barrister and the court will value your claim, in order to give you an idea of how much compensation you might be entitled to for your injury.

Calculation of compensation

Most personal injury cases do not proceed to court and are settled between the parties for a fair amount of compensation. Your lawyer will look to value your claim in line with what would be awarded to you by a court, and seek to recover this amount from the other party’s insurers.

In order to make a proper evaluation, your lawyer will need to obtain information from you, as well as all of your medical reports and notes. Valuing motorcycle injury compensation can be challenging, but the right legal professional will fully consider the points below in order to get the maximum amount of compensation you are entitled to.

Factors that are considered

How severe was your injury?

The extent of your injuries will have an effect on how much you could be entitled to. The injuries sustained from motorcycle accidents can vary substantially, as can the amount of compensation you could be awarded.

Minor fractures attract around £1000, whereas compensation for the most serious injuries, including paraplegia, can attract awards of up to £350,000. When making your claim, your lawyer will obtain an expert medical opinion on how your injuries might impact your life, in order to make an accurate assessment of how much compensation you are entitled to.

How have you suffered loss?

The court will also award compensation for all of the ways in which you have suffered loss financially. This includes loss of earnings and loss of future earnings. If your injuries will affect your capacity to earn in the future, your lawyer will calculate how much this could be worth. In order to do this, your lawyer will consider how old you are, your line of work and your capacity to carry out another job.

Obtaining a quote from one of our direct access barristers is completely free, so contact us at Barristers 4 U today to find out how we can help you claim compensation for your motorcycle injuries.

Who pays compensation where collisions involve driverless cars?

Driverless cars have generated a lot of interest of late, with a number of vehicle providers carrying out test runs on public roads and insurance companies reviewing their motor insurance products with a view to accommodating the change to automated transport.

The benefits of driverless vehicles have also been well reported. For example, driverless vehicles will reportedly reduce pollution and, quite importantly, are expected to remove human error leading to fewer road traffic collisions.

While driverless cars may remove human error, they introduce risks of their own with machine error being one key issue. There are tricky questions about who pays compensation when driverless cars cause injury or damage. This is because traditional laws on vehicle-related accident sought compensation from drivers and their insurers on the basis of driver fault where a driver’s negligence had caused injury or damage.

Proposed new laws

The UK Government is seeking to address this issue by introducing new laws which could make it easier to seek compensation directly from insurers of driverless vehicles when insured vehicles cause injury or damage.

The Government introduced the Automated and Electric Vehicles Bill to the House of Parliament in October 2017, though it is yet to be passed as law.

When introducing the Bill, Transport Minister John Hayes said, “We want the UK to be the best place in the world to do business and a leading hub for modern transport technology, which is why we are introducing the Automated and Electric Vehicles Bill in Parliament and investing more than £1.2bn in the industry.”

(Source: https://www.gov.uk/government/news/boost-for-electric-and-driverless-car-industry-as-government-drives-forward-green-transport-revolution)

What changes are being introduced

Under the proposals, motor vehicle insurers will be liable to pay compensation when a driverless vehicle they insure causes an accident while “driving itself” which results in death, personal injury and/or property damage.

Insurers will not have to pay compensation if the driverless vehicle is uninsured at the time of the accident. Insurers can also avoid liability or limit the amount of compensation they are liable to pay if an injured person is partly at fault for the accident.

Source: https://services.parliament.uk/bills/2017-19/automatedandelectricvehicles.html

Barristers4u are specialists with experience in a wide range of motor-related incidents. Contact us today to see how we can help you.

Why instruct a criminal barrister over a solicitor?

If you are facing serious allegations, including those of sexual assault, serious road traffic offences, fraud or other white collar offences, a direct access barrister might be the solution you are looking for. Normally, barristers may only be instructed by solicitors; however, direct access barristers allow you to instruct them directly, saving you time and money whilst obtaining a premium service. But how exactly could a direct access barrister help you? This post looks at some of the ways in which one of our direct access barristers could offer you a superior service to a regular lawyer.

Criminal law expert barristers

Many of our direct access barristers are criminal law and procedure experts. They have worked on some of the most complex criminal cases, and when the going gets tough, they are not afraid to fight for you. Instructing a direct access barrister over a solicitor will generally provide you with access to a professional with more experience in the courtroom and greater understanding of the case law which might help win your case.

Strategy

Criminal barristers will begin working on your case from the outset, aiming to understand as much about the circumstances surrounding the case as possible. Your barrister will then develop a high-level strategy to ensure every avenue is explored, taking advantage of every opportunity to get you the results you need. When it comes to serious criminal cases, drafting an excellent defence statement is crucial. Only a specialised criminal barrister will understand the intricacies involved in ensuring your statement works in your favour.

Insight

As a criminal barrister is specialist and experienced, they will have a full understanding of what is required in the courtroom to win your case. This includes niche case knowledge, specialist evidence requirements, and even how best to present your specific circumstances. This will include making a robust statement of mitigating circumstances and any exceptional hardship you might experience as a result of a custodial sentence.

Why choose a criminal barrister over a criminal lawyer?

Your reputation and your liberty are important to you and your family. It is essential you get the best strategy, advice and representation you can. Amongst our directory of barristers are some the most experienced criminal law case experts, determined to help each and every one of their clients keep their licence. Don’t just instruct any legal professional, get in touch to find out how we can help get you the best.

How video conferencing can help you find the best barrister

There are a whole host of different reasons why you might be needing to call on the services of a qualified, accredited barrister. From divorce barristers to civil dispute barristers and employment law barristers, hiring a top-class professional to fight your corner is key. But what if the barrister you feel is perfect to use is at the other end of the country?

With video conferencing technology such as Skype, this is no longer a problem. Here are a few reasons why this technology can mean using the barrister you want, rather than the closest:

Removes any location based problems

In the past, if you wanted to use a barrister that was based at the opposite end of the country to you then it would be most inconvenient. It would involve long trips in person whenever any meetings were called for that would be extremely time-consuming and costly.

With video conferencing, this is no longer the case. Technology such as Skype is freely available to most now and means you can use your tablet, mobile phone or laptop to stay in touch with your barrister remotely, wherever you may be located.

Flexibility

Another great bonus of video conferencing is that it gives you a real flexibility when instructing a barrister to act on your behalf, especially if the dispute or court case is prolonged. By using video conferencing to keep in contact with them, you have the flexibility to go about your normal life. If you travel around the country each week with work or have a two-week holiday to go on then staying in touch in this way makes it simple.

Regular meetings

Even if you are based close to the barrister you will be using, face to face meetings in person can be tricky to arrange on a regular basis. Fitting a meeting in during the 20 minutes you are free in-between other work pressures is much more possible when you use video conferencing to do it and avoids having to travel to the barrister’s office. This in turn will mean you stay in touch more regularly with your barrister in some cases.

As you can see, video conferencing can be a superb way to keep in touch with a barrister for many people. Here at Barristers4U, we have a selection of 1,000+ qualified barristers in England and Wales and can help arrange secure video conference meetings with the one you select. All the barristers we list offer a free quote and superb value for money.

Can I go direct to a barrister for family court?

When family court is involved, there is a good chance you are a parent or representing a child. Or, perhaps you are trying to sort through the financial minefield of a separation, or obtain an injunction of some sort?

All of which are highly sensitive and emotional issues.

This can make finding the right legal help even more important.

For many people in this situation, that means working with a direct access barrister. Someone trained and experienced in providing family law advocacy services.

Advantages of a family law public access barrister

Using a public access barrister puts you directly in front of the person who will represent you in any legal proceedings. You will be able to establish a relationship of trust and communication with them, knowing that they will be the ones speaking on your behalf.

Issues such as domestic violence, custody of children and financial settlements can be discussed openly with the person who will pick out the transient facts and present them in court on your behalf.

This is also someone who specialises in this particular sector of the law. Family barristers approach their work from a position of in-depth knowledge and understanding, as opposed to a more general appreciation of the law.

They spend the bulk of their time in court, so they are familiar with the mechanisms and subtleties of presenting legal arguments in that setting.

Flexibility and customer care in discussing family law

Many family barristers are self-employed, rather than working within a legal practice. This provides a more versatile approach to both consultation arrangements and costs.

You could even instruct and work with a family barrister anywhere in the UK. Many offer opportunities for private video conferencing too so you don’t always need to appear at meetings in person.

Lastly, keep in mind that solicitors – in specialist or complex cases – would turn to a barrister for assistance.

If your legal proceedings are of a particularly desperate or upsetting nature, approaching a public access barrister means that you are going direct to someone that solicitors trust and consult with.

Use our website to find the right match and to obtain insights into the costs involved with direct access family barristers.

Take action on sexual harassment with direct access barristers

Sexual harassment in Hollywood has recently hit the headlines, but statistics released by Opinium Research show that one in five women in the UK also have been sexually harassed in the workplace.

Unfortunately, this demonstrates that workplace sexual harassment is still a problem and not just in Hollywood. In fact, it’s not unlikely that you or someone you know has been affected, despite there being laws in place to protect workers like you.

Sexual harassment includes any type of unwelcome behaviour of a sexual nature. This can be verbal, such as remarks about your body or appearance, non-verbal, for example staring at your body or sending texts of a sexual or physical nature, including physical contact of any kind.

If you have been a victim of sexual harassment, your first steps will usually be to speak to HR or complain to your employer to try and resolve the issue. If necessary, you can even take action through an industrial tribunal. However, if the tribunal is unsuccessful you may still want to seek specialist legal advice.

Did you know that you can contact a barrister directly for expert legal advice or representation for your case? Public access barristers are experts in the law and how it works and can advise you on your legal position, draft legal documents and even use their skills to represent you in a court tribunal or hearing.

Instructing a barrister directly can save you hundreds to thousands of pounds, whilst also ensuring you receive high-quality and experienced legal support. Barristers4U has access to 1000+ accredited barristers throughout England and Wales offering expert legal advice and representation.

Our video-conferencing facilities (such as Skype) mean you can speak to your barrister confidentially, no matter where you live. Obtaining a quote is free with no obligation, so you can compare quotes and choose the right expert for you. You only pay if you decide you’d like to instruct the barrister directly.

Sexual harassment in the workplace is never acceptable so if you have been affected by this behaviour, contact Barristers4U today for information and advice.

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