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What is NO WIN NO FEE?

By zenithMay 14, 2024May 14, 2024 Leave a comment

A “No Win No Fee” arrangement, also called a contingency fee agreement, means you would not have to stress about covering legal costs upfront. Essentially, your solicitor handles your case, and if you do not win compensation, you won’t owe any legal fees.

It is a straightforward way to pursue justice without financial risk.

No Win No Fee arrangements were created to ensure that everyone, regardless of financial means, has the opportunity to seek justice and claim compensation without worrying about the cost of legal representation.

Initially, No Win No Fee arrangements guaranteed that the party being sued would cover all the legal expenses related to the claim. This not only relieved claimants of any financial burden but also allowed them to retain the full amount of compensation awarded to them.

As of April 2013, changes in the law meant that solicitors could not recover their full fees from the opposing party anymore. Now, if your case succeeds, you might need to contribute for legal expenses. The amount you contribute is determined by a percentage, tailored to fit your individual situation.

While not every legal matter qualifies for a No Win No Fee arrangement, certain civil cases, which do not involve criminal charges, can be covered by this type of agreement.

In England and Wales, claims related to medical negligence and personal injury fall under this category.

If your case has potential for success, Zenith Lawyers LLP is ready to evaluate it and represent you on a No Win No Fee basis. Reach out to our team today to initiate your claims process.

FAQ’s about Medical Negligence Claims Process

By zenithMay 3, 2024 Leave a comment

If you think you have suffered from medical negligence, you might be entitled to compensation for your injuries. But navigating the claims process can seem overwhelming, especially if you are not familiar with it.

Having assisted numerous individuals with their claims over the years, we have encountered many reoccurring questions about the medical negligence claims journey. Here, we have compiled answers to some of the most frequently asked ones to help make the process clearer for you.

What is Medical Negligence?

Medical negligence, or clinical negligence, happens when a healthcare provider fails to meet the expected standard of care, leading to harm to your health that could have been avoided.

Healthcare professionals have a responsibility, known as a ‘duty of care,’ to their patients. Medical negligence occurs when they breach this duty or the duty of care is not done to a certain standard.

Who Can Be Held Liable for Medical Negligence?

Medical negligence is not limited to just NHS doctors. It extends to all healthcare professionals who may have acted negligently in your treatment.

This includes dentists, cosmetic surgeons, private clinics, and eye clinics. If you are unsure whether someone could be liable for medical negligence, seeking advice from a solicitor is recommended.

Who Will My Claim Be Against?

In a medical negligence claim, it is crucial to pinpoint who is accountable for the lapse in providing you with proper care.

Often, the liable party may not be the healthcare provider who directly treated you. For instance, if you received care at an NHS hospital, your claim would likely be against the NHS Trust overseeing the hospital, rather than the individual practitioner.

However, the specifics of your case determine whom to pursue. Early identification of the correct person or organisation is key to ensuring a successful outcome.

How Do I Begin a Claim?

Starting a medical negligence claim requires the assistance of a qualified solicitor without delay. While you may understand what occurred, proving the specific details and their legal implications can be intricate and should not be underestimated.

Your solicitor will initiate the process by determining the legal grounds for your claim. They will also provide insight into the expected timeline for resolution and an approximate estimation of its potential value.

What Evidence Do I Need?

Determining the evidence required to support your case may not be straightforward, depending on the level of negligence involved.

First off, your solicitor will need to get hold of your medical records from your doctor or the hospital.

If the negligence caused any visible injuries like bruises, taking some photographs of the injuries ASAP is crucial.

Your solicitor might also want to gather statements from anyone who witnessed what happened or knows something about it. It is also a good idea to jot down anything you struggle with because of the negligence and when you need extra help, like with chores around the house.

Usually, your solicitor will arrange for an independent medical examination to assess the seriousness of your injuries.

Do I Need a Medical Expert as a Witness?

When building your case, your solicitor will want to bring in a medical expert to provide a report.

This report shows how serious the harm from the negligence was. It is not just about what happened right after the incident but also how it might affect you down the road, like if it makes it hard for you to do your job.

Plus, the expert can give their opinion on any medical procedures that were done wrong and added to your problems.

How Long Will It Take to Settle My Claim?

Predicting exactly how long your claim will take is tough without knowing all the specifics details of your case but be ready for it to be a journey spanning month/year rather than just a few days.

Why? Well, whoever’s responsible needs time to look into your case and decide if they messed up or not. Then, your Solicitor might need to gather more evidence or work on negotiating a fair settlement. If things cannot be sorted out and it ends up in court, buckle up because that can drag things out even longer.

When you are picking a Solicitor, make sure to chat about how long this whole process might take during your first meeting. It is an important detail to consider.

Do I Need to Face Trial?

One of the most daunting aspects of pursuing a medical negligence claim is the potential need for a trial. However, this should always be viewed as a last resort by you and your solicitor.

In practice, the majority of medical negligence claims are resolved through out-of-court settlements.

Your solicitor will endeavour to negotiate a settlement swiftly to avoid court proceedings, which typically expedites the resolution of your claim and minimise associated costs.

What is the Timeframe for Making a Claim?

When it comes to filing a claim for medical negligence, time is crucial. Typically, you have a window of three years from when you first realise there was negligence (usually when it happened) to take your case to court.

Although three years may sound like a generous timeframe, the process of negotiating with the responsible party and considering legal action can easily stretch beyond a year. So, it is crucial not to procrastinate and seek legal advice promptly.

While there are exceptions to this time limit, such as for individuals under 18 or those lacking mental capacity, most people won’t receive an extension. Therefore, it is prudent to act swiftly and consult with a solicitor as soon as possible to explore your options.

What Are the Expenses Involved in My Claim?

Just like predicting the duration of your claim, estimating its costs is challenging without understanding the specifics of your situation.

However, in many medical negligence cases, the worry of exorbitant expenses is alleviated. This is because numerous solicitors operate on a no-win-no-fee basis, meaning you only pay their fees if you succeed in obtaining compensation.

Moreover, your solicitor can assist you in securing an insurance policy to cover the legal expenses of the opposing party in case you do not prevail.

How much is my claim worth?

To determine the value of your claim, it is essential to consult with an experienced medical negligence solicitor.

Please contact Zenith Lawyers LLP to assess the possibility of your medical negligence claim and the potential compensation you may be entitled to.

UK Visa Rejection: what are the next steps you can take.

By zenithApril 15, 2024April 15, 2024 Leave a comment

Living, working, or visiting the UK offers countless opportunities. However, it can be extremely disheartening when a rejection letter arrives for your visa application. The UK visa process can be frustrating, especially when the information available makes it seem straightforward.
However, the reality is often more complex.

Many applicants realise they have missed crucial details only after facing rejection. So, what options do you have post-rejection?

While we’ll explore possible avenues below, it is essential to recognise that visa processes vary based on the type of visa sought. Therefore, seeking guidance from an experienced immigration solicitor tailored to your situation is crucial.

Common Reasons for Visa Refusal

When facing the disappointment of a visa rejection, one of the most frustrating aspects is often the lack of clarity surrounding the decision. It is essential to pinpoint the reasons behind the refusal to prevent similar mistakes in the future.

Based on our expertise, visa applications frequently fail due to incomplete submissions, leading to various issues such as:

Failing to Submit Proper Documentation: When you apply for a visa, you will need to provide a range of documents, which can vary depending on the type of visa you are seeking. A common problem is demonstrating sufficient funds for your stay and explaining where those funds come from.
Formatting Errors: It is not just about having the correct documents; they must be properly formatted, whether in chronological order or even using the right ink colour.
Insufficient evidence of a relationship: Particularly relevant for spouse visas, you must demonstrate the authenticity of your relationship through documents like shared living arrangements, marriage certificates, or proof of children.
Unreliable Advice: Each visa application is unique, so avoid relying solely on advice from non-experts. Seek guidance from experienced immigration professionals.
Relying only on the advice from the Home Office or UKVI: Even information from the Home Office or UKVI should be supplemented with expert advice due to the limited legal training of call handlers.
Failure to Meet Requirements: Visa criteria are stringent, leaving no room for error. For instance, if a spouse visa requires a minimum salary of £29,000, falling short by even £100 can result in rejection.
Non-Disclosure: The Home Office is thorough, and omitting crucial details like criminal convictions can lead to automatic rejection.
Wrong Visa Application: With numerous visa options available, it is easy to apply for the wrong one, resulting in refusal.

What Steps to Take After a Visa Rejection

If you have recently had your visa rejected, it is wise to seek assistance from a seasoned solicitor for your next steps. While a previous rejection won’t necessarily stop you from obtaining a visa in the future, multiple refusals can complicate matters.

If you have faced a recent rejection or refusal, contact us today on 01254 942 698 to discuss this further.

WHAT CAN I CLAIM FOR FOLLOWING A ROAD TRAFFIC ACCIDENT?

By zenithApril 5, 2024 Leave a comment

This blog aims to help you understand the type of damages you can seek compensation for if you have been involved in a road traffic accident.

Here are some common types of heads of losses you may consider pursuing for:

Personal Injury: This covers physical and psychological harm caused by the accident.

Financial Losses: These include expenses like medical bills, lost wages due to inability to work, and costs associated with repairing or replacing damaged property.

Understanding what you can claim for can help you deal with the aftermath of a road traffic accident more confidently.

Personal Injury:

When it comes to personal injury claims, the compensation you receive depends on the severity and type of injury you sustained. To determine the value of your claim, we obtain medical evidence from an independent expert in the relevant field of expertise to determine the level of injury sustained and when recovery is likely to take place by. Remember, this head of claim cover both physical and psychological injuries.

Financial Losses:

Compensation for vehicle damage:

If your vehicle was damaged or written off in the accident, you are entitled to claim the repair costs or the pre-accident value of your vehicle. To support this claim, you will need documentary evidence such as an engineer’s report or a repair estimate/repair bill from a garage.

Cost of a hire vehicle:

If your vehicle is no longer drivable due to the accident, you can seek compensation for the cost of renting a replacement vehicle. You have two options: either pay for the rental upfront and claim the money back or opt for a credit hire arrangement where you don’t pay upfront charges but instead enter into a credit agreement with the car rental company.

Loss of use of vehicle:

If you decide not to rent a replacement vehicle while waiting for repairs or payment for your damaged vehicle, you can claim a daily rate for “loss of use of your vehicle”.

Vehicle Recovery:

If your vehicle cannot be driven after the accident, you may need to arrange for it to be towed to a storage facility from the accident scene or to your home. The towing company will charge a fee for this service, which you can claim as part of your compensation.

Vehicle storage expenses:

If you need to store your vehicle in a safe location, you can claim the expenses incurred for this. Typically, the storage company will charge you a daily fee, which can be included as a part of your compensation claim.

Reimbursement for travel costs:

Following your road traffic accident, you can claim back any travel expenses you have incurred, as a direct result of the accident such as visits to the hospital or to your GP. Please keep receipts for such expenses incurred.

Damage to personal clothing/items:

If your personal items such as mobile phones, child car seats, sunglasses, or other possessions were damaged in the accident, you can claim compensation for them. Insurers may ask for evidence of the damage and receipts for the items.

Covering medical expenses for your injuries:

You are entitled to claim compensation for both current and future medical costs resulting from your injuries. This includes expenses like buying over-the-counter painkillers, undergoing rehabilitation like physiotherapy, and even the costs associated with surgeries if so required.

Compensation for lost income:

If your road traffic accident prevented you from working or resulted in reduced hours, you can claim for the income you lost, which is calculated after tax and national insurance deductions. To support your claim, you will need to provide your wage slips for the 13 weeks before the accident and for the period you were unable to work. If you are self-employed, you will need to provide your accounts and tax returns to enable the amount to be calculated.

You can claim for both the income you have already lost and for any future income you are expected to lose.

Care and Assistance:

After an accident, you may require care and assistance; you can claim compensation for both paid and unpaid assistance you receive. If your injuries limit your ability to do household chores or take care of yourself, and you rely on friends or family for support with tasks like cooking, cleaning, or personal care, they can provide statements confirming their assistance. You can also claim for any paid help you have received, such as hiring a gardener or cleaner.

You are eligible to claim for both the help you have already received and any future assistance you may need.

Loss of holiday:

If you had to cancel a planned holiday due to your road traffic accident, you can claim back the cost of the trip. Even if you managed to go on the holiday but could not fully enjoy it because of your injuries, you may still be able to claim for the loss of enjoyment.

Remember, this is not an exhaustive list, and some losses might be unique to your situation. If you are unsure about what you can claim for, we are here to provide guidance.

It is important to note that just experiencing an injury does not automatically mean you have a claim. You need to demonstrate that your injury resulted from the accident and that any financial losses were reasonably incurred.

As a Claimant, it is your responsibility to minimise your losses, so keep hold of any receipts for expenses you want to claim.

Get more information about Road Traffic Accidents:

If you have been involved in an accident and need advice on any aspect of your claim, do not hesitate to reach out to one of our personal injury solicitors.

We are here to address any questions you may have

Raised to £29,000

By zenithMarch 22, 2024March 22, 2024 Leave a comment

Family Visa Minimum Income Requirement Raised to £29,000

Effective April 11, 2024, the minimum salary threshold for UK family visas is set to rise to £29,000. This adjustment is outlined in the recent amendment to Appendix FM of the Immigration Rules, as detailed in the Statement of Changes to the Immigration Rules (HC 590) presented to Parliament on March 14, 2024.

What factors led to the increase?

The Explanatory Memorandum accompanying the Statement of Changes clarifies that the decision to raise the minimum income requirement for family visas is primarily due to the fact that the previous threshold (£18,600) had remained unchanged for more than ten years. The memorandum highlights that this previous threshold no longer adequately reflects the income necessary for a family to be self-sufficient without relying on public funds.

Further to the above explanation, it’s important to recognize that this adjustment is part of the government’s strategy to decrease overall migration into the UK. The Explanatory Memorandum emphasizes the broader context in which these significant actions are being implemented.

“5.18 The new minimum income requirement has been set at a level which is based on earnings as well as benefit levels to help ensure that migrants are more likely to make a net positive contribution to the public finances. This includes supporting the aim to reduce the overall level of net migration, which is too high. This change will also support the Government’s wider ambition for the UK to be a high-wage, high-productivity, high-skill economy.”

What has changed and when will it come into effect?

The minimum income needed for family visas has been significantly raised from £18,600 to £29,000 starting April 11, 2024.

Will this affect the cash savings required instead of income?

While applicants can still use cash savings as an alternative to income, the required amount of savings has also gone up. The total cash savings needed have increased from £62,500 to £88,500.

To give you an idea, individuals must have at least £16,000 in savings to consider using cash savings. Appendix FM outlines the calculation method for cash savings, which is: (total cash savings – £16,000) ÷ (length of leave grant: 2.5 years) = must equal at least £29,000. So, if individuals solely rely on cash savings, they need to demonstrate £88,500 in savings, calculated as follows: (£29,000 x 2.5 + £16,000 = £88,500).

It’s important to note that those with less than £88,500 may still be able to combine other permitted income sources, such as employment, to meet the requirement.

Who will be affected by the increase?

The recent changes will primarily affect new applicants to the family visa category, which includes children, spouses, civil partners, unmarried partners, fiancés, and proposed civil partners.

For individuals already holding a family visa under the five-year settlement route and seeking to extend their stay or apply for indefinite leave to remain with the same partner, the assessment will still adhere to the previous £18,600 income requirement. Similarly, applications submitted before the April 11, 2024 deadline will be evaluated based on the existing threshold.

These details are confirmed in the Explanatory Memorandum:

“5.20. Once a minimum income requirement (MIR) has been met, the same MIR must be met through to settlement on the route, provided the applicant is applying to stay with the same partner. This will also be the case for children seeking to join or accompany a parent. These arrangements provide certainty for those already within the route, or who apply before the increase comes into force.”

We highly advise anyone considering applying to do so promptly, especially if they might not meet the higher income threshold.

Additionally, it’s crucial to note that individuals currently in the UK under a different visa category who plan to switch to the five-year partner route after the income requirement hike will need to meet the new income standard.

What can individuals do if they cannot meet the new threshold?

For those unable to meet the increased threshold, there’s the possibility of applying under the more challenging ten-year settlement route, which involves four stages of 30-month periods.

This route is deeply rooted in Human Rights principles (ECHR Article 8), demanding partners to demonstrate exceptional circumstances and insurmountable obstacles to their family life outside the UK. Applications involving children need to prove that it wouldn’t be reasonable for them to leave the UK, and in general, a potential rejection would violate human rights due to unjustly harsh consequences for the applicant or their family.

These applications are intricate and necessitate professional legal assistance alongside substantial evidence to justify the individual’s need to enter or remain in the UK based on human rights grounds.

Are there going to be further changes affecting the minimum income requirement?

Yes, there are more adjustments planned. The government aims to increase the minimum income requirement even more, eventually reaching £38,700. However, specific dates for these potential increases have not been disclosed yet.

For further information on Statement of Change to Immigration Rules, please visit: Statement of changes to the Immigration Rules: HC 556, 19 February 2024 – GOV.UK (www.gov.uk)

Contact our Immigration Solicitors
For Expert advice in relation to UK visa applications & Free Consultation please get in touch with us on 01254 942698 or fill out a form Contacts – Zenith Lawyers and our expert Immigration Solicitor will get in touch with you.

How to prove Medical Negligence

By zenithMarch 15, 2024March 15, 2024 Leave a comment

Medical negligence can have long-term effects, affecting both your physical well-being and emotional state. If you suspect you’ve experienced negligent treatment from a medical professional, seeking recourse through a claim can be a crucial step towards recovery.

However, medical negligence claims isn’t always straightforward. Many individuals struggle to establish themselves as victims and gather the necessary evidence to support their case.

To prove medical negligence, thorough documentation and evidence collection is vital. Also, it’s crucial to seek help from an experienced solicitor. Here, we’ll outline key steps you or your solicitor can take to substantiate your claim and prove the medical negligence.

Determining If You’re a Victim of Negligence

When dealing with illness or injury, there’s always a chance that even with proper care, treatments might not succeed. This presents a dilemma for potential negligence victims, as the initial question revolves around whether the harm was the result from poor care or the underlying medical condition.

Before proceeding with your claim, it’s crucial to find out if what occurred qualifies as negligence. While a definitive answer typically requires consultation with a solicitor, here’s a basic overview:

– You must have been owed a duty of care by a medical professional.

– This duty must have been violated.

– As a result of the breach, you must have experienced physical and/or mental harm.

– The harm endured must have led to a loss.

How to Prove Medical Negligence:

Even if you’re certain that medical negligence occurred, the challenge lies in providing evidence to support your case in court. With this responsibility resting on your shoulders, collecting evidence effectively becomes crucial.

The evidence needed can vary depending on the details of your claim, but here are five typical types to gather:

Collect Medical Records:

The primary step in establishing medical negligence involves gathering your medical records, typically handled by your solicitor. This process enables you to understand the initial condition necessitating treatment and assess whether the care received was appropriate.

Beyond showcasing the need for care, examining your records helps identify additional medical entries relevant to your case. While these details might not directly influence compensation amounts, they could play a role in expert assessments.

Document Your Injuries:

Depending on the type of injury, consider taking photographs to track its progression.
A photograph is highly effective, particularly in medical negligence cases, as it eliminates the need for detailed verbal descriptions of your injury.

These photos, along with expert opinions, can be compared to illustrate the expected outcome of your treatment versus the actual outcomes of your treatment. Additionally, you can monitor your injuries by jotting down daily notes on how they affect you. These records will help you recall the progression of your injury easily.

Document the Impact:

It’s evident that medical negligence can profoundly affect your well-being, but it’s essential to document its impact on your daily life.

This could include noting when you first noticed signs of potential negligent treatment and maintaining your own records of medical visits, treatments received, and advice provided.

To ensure an accurate assessment of damages for your claim, keep track of expenses incurred due to negligence. This may involve documenting costs such as travel to appointments, loss of income, expenses for private medical care or therapy, and purchases like mobility aids.

Seek Witnesses:

In the process of gathering evidence, it’s important to find witnesses who can offer statements regarding the negligence. Witnesses who were close to the incident are preferred, such as other medical professionals present, although this may not always be feasible.

At the very least, you can provide your own statement. Additionally, statements from family and friends can offer valuable insights into the impact of negligence on your life.

Consult Medical Professionals:

A crucial step in gathering evidence involves consulting with a medical expert who can assess your condition and provide insights into your potential recovery timeline.

This is vital not only for determining whether medical negligence occurred but also for establishing the extent of damages you can claim. Without expert input, proving negligence in the care received can be immensely challenging, as you may lack the necessary expertise.

Your solicitor can arrange for an expert’s report, which not only strengthens your case but can also offer a sense of closure as you come to terms with the impact of negligence on your life.

Is there a time limit for making a cancer misdiagnosis claim?

If you suspect you have a medical negligence case, acting swiftly is crucial. Typically, you have a three-year window to file a claim, starting from either the date of the negligence or when you became aware of certain facts relevant to your claim.

However, there are exceptions to this time frame:

Children who experienced negligence have until their 18th birthday plus three years.
Individuals unable to handle their affairs due to the negligence have three years from the date they regain capacity.
The court may extend the deadline if there’s a valid reason for the delay.

While three years may seem ample, it can quickly pass when considering the amount of evidence required for your claim.

Get more information about a missed or undiagnosed medical negligence claim

Our team of Medical Negligence Solicitors is here to assist you in obtaining the care, support, and rehabilitation necessary for managing your condition. Additionally, we’ll help you secure compensation for any financial setbacks such as lost income or pensions.

We acknowledge that pursuing legal action might feel overwhelming, especially when dealing with medical issues. However, our compassionate and helpful team is dedicated to simplifying the claims process for you.

Immigration Updates 2024

By zenithMarch 6, 2024March 8, 2024 Leave a comment

Your Guide to Understanding Immigration Updates 2024 : What You Need to Know

Changes in immigration rules can be complex, but understanding them is crucial, especially if you’re planning to live or work in the UK. Here’s a simplified breakdown of five important updates that will affect different visa categories.

Skilled Worker Visa Salary Increase: From April 4, 2024, the minimum salary required for a Skilled Worker visa will rise. This means if you’re applying for this visa, you’ll need to earn at least £38,700 per year. However, there are exceptions for certain healthcare and education roles.

Spouse/Partner Visa Income Requirement: If you’re applying for a spouse or partner visa, the minimum income needed will increase gradually. This threshold will increase to £29,000.00 on 11 April 2024 with a further increase to £34,500.00 expected to happen in late 2024, then reaching around £38,700 by early 2025. This affects new applicants and those new applicants extending their visas.

Social Care Workers Visa Rules: Starting March 11, 2024, social care workers won’t be able to bring their partners or children on their visa. This is a significant change that impacts families and individuals in the social care sector.

Changes to Shortage Occupation List: In April 2024, there will be changes to the list of jobs eligible for sponsorship on lower salaries. This aims to ensure fair pay for skilled workers and streamline the visa process.

Review of Graduate Visa: The Graduate visa, which allows overseas graduates of UK universities to work for two years, is under review. We can expect more information on any changes later in 2024.

FAQs:

Spouse/Partner Visa Extensions: The increased income requirement applies only to new applicants, not those extending their visas.
Combining Incomes: Initially, only the sponsor’s income counts, but later both incomes may be considered for extensions and permanent residence applications.
Skilled Worker Salary Threshold: If you’re already on a Skilled Worker visa, you won’t need to meet the new salary requirement until you change jobs, extend your visa, or apply for settlement.

Higher Salary Threshold for Skilled Worker Visa Holders – will that apply to people already here on that visa?

If you’re already in the UK on a Skilled Worker visa, you won’t need to meet the new £38,700 salary threshold when changing jobs, extending your visa, or settling here. This means you can continue with your current terms.

Job-Specific Going Rates: For many professions, workers must earn a certain ‘going rate’ salary to be sponsored for a Skilled Worker visa. The government plans to increase these rates significantly, aiming for them to align with the average salary for each job in the UK. For instance, the minimum salary to sponsor a foreign accountant may rise from £31,300 to around £47,000. Watch out for the official confirmation of these rates in the statement of changes to the Immigration Rules coming on March 14.

Exceptions for Specific Groups: In some cases, individuals may be sponsored for a Skilled Worker visa even if they earn slightly less than the usual minimum salary. This applies to “new entrants” to the job market, such as those under 26 or post-doctoral researchers. These exceptions remain unchanged, except for revisions to the shortage occupation list.

Understanding these immigration updates is essential for anyone navigating the UK’s visa system. Keep an eye out for further announcements and seek professional advice if needed to ensure a smooth transition under the new rules.