Car Accident

Fatal accidents at work compensation claims

If a fatal accident happens at work and you lose a loved one, then the process of claiming compensation from the employer (if they are found to be liable) can be fairly complex. There are a number of things to take into consideration such as:

Bereavement loss – this is a sum that is paid for the pain and suffering for the loss of a loved one. This is normally divided between the wife/husband and any children.

Dependency loss – this is the amount of compensation that is payable for the financial Car Accidentcontribution made by the father/mother. This is payable to the husband/wife and children typically when they are 18 years old. Some of this compensation money can be used by the father/mother on the children’s behalf. Depending on instructions, solicitors will normally be under a duty to ensure that any monies that are payable to the children are retained in the court fund office until the children reach the age of 18 years.

Pain and suffering before death – if your loved one was not killed immediately and survived the accident for a period of time before dying, then the estate of the loved one would be entitled to compensation for their pain, suffering and any other losses incurred before death.

Funeral costs – the costs of the funeral of your loved one can be claimed, usually through a fixed sum.

The above list is not exhaustive and, depending on the nature of how your loved one died, there may be other factors to be taken into consideration. If you have lost a loved one through an accident at work and need professional advice on the best course of action to take in order to make a claim for compensation then please contact us now.

Call Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee personal injury advisors.

The problems with unregulated wills

The significant rise in the number of unregulated will writing companies in the industry is a cause for concern with everybody. With a pricing structure that undercuts most legal firms, these will writers are producing wills that do not cover the sufficient detail that is required when a will is drafted and, as a consequence of this, may potentially cause problems later on when the wills are finally read.

One of the major issues is that people who have had had their will written by an unregulated will writing company will have no legal recourse should anything go wrong. These types of companies are often uninsured so if a will is disputed because of inaccuracies then the chances legalof getting any legal compensation are slim.

Typical mistakes that happen with wills include:

  • Discrepancies with the witnessing of the will – there needs to be two independent witnesses who will not be beneficiaries of the will. They also need to have seen the testator sign the will for it to be legally valid.
  • Problems with the descriptions of beneficiaries and assets – insufficient detail and clarity leaving the will open to be contested.
  • Issues with legacies – problems with specific wording in the will that can be open to different interpretations

Unregulated will companies account for approximately 12 -13% of the overall wills market and it’s estimated that around the same percentage prepare their own wills using off-the-shelf will writing kits.

A will is not something that you should leave to chance so you should always speak to solicitors who are regulated to perform the task appropriately in order to protect your interests. Contact us now for more information about creating a will that is tailored to your precise needs.

Whether you want to write a Will or deal with the affairs of a loved one that has passed away, Mark Reynolds Solicitors are here to help. Contact Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee Wills & Probate advisors.

law book

Rapid rise in Will disputes

Figures released from the Ministry of Justice show that there were 178 wills and probate disputes heard in the High Court in 2014 compared to 97 in 2013. This is seen as being just the tip of the iceberg because only a small portion of these disputes ever get as far as the High Court, with many being settled beforehand.

This rapid rise in will disputes is being put down to factors such as the complexity of family make-ups which can often included second spouses and children from different parents. The soaring house prices, especially in London, are also seen as a significant contributor to this as the potential economic gains of pursuing a claim becomes a driving force.

Given the above scenarios, there is often the chance that a family member may feel aggrieved if they feel that they’ve been left out of a will or haven’t received what they perceive to be their legal‘fair share’.

Poorly drafted wills are often at the centre of family battles about wills and some of the homemade wills that people put together and the cheap wills you can get on the high street don’t necessarily cover the complexity of a person’s financial situation and how assets are divided up after death. These types of wills are very often easier to contest when it gets to court.

The upward trend of will disputes is forecast to continue and that’s why it can be a false economy to have a DIY will or buy cheap. The more complex your personal affairs, the more there is to think about when it comes to drafting your will. To ensure that your loved ones receive what you want them to have in the event of your death, then it pays to work with an experienced firm that has many years experience of drafting wills and know what the pitfalls can be.

Whether you want to write a Will or deal with the affairs of a loved one that has passed away, Mark Reynolds Solicitors are here to help. Contact Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee Wills & Probate advisors.

Car Accident

Car crashes due to smartphones/mobile phones on the increase

Smartphones may be a huge part of our lives but the statistics show that it certainly isn’t smart to use them when we’re driving. Fatal crashes that have involved the use of a smartphone/mobile phone have risen by a staggering 29% according to recently released figures by the Department of Transport.

In 2012 there was a recorded 378 road accidents in the UK that have been attributed to the use of a mobile phone whilst driving. In 2013 this has risen to 422 and it will be interesting to see if this worrying trend continues.

It was way back in 2003 that using a mobile phone whilst driving was banned but it would appear that the punishment that is in place for such offences isn’t having the desired effect. Currently, if you are caught using a mobile phone whilst driving you face receiving 3 points on your licence, a £100 fine and maybe a disqualification. In a worse case scenario, if you cause the death of somebody due to using a mobile whilst driving, you may face a considerable jail Car Accidentsentence.

Experts estimate that your reaction time is 50% slower when using a mobile phone and that you are four more time likely to have a car crash. Even using a hands –free device has an impact on your reaction time.

Despite this, it would appear that usage whilst driving is on the increase and many of us can’t resist responding to a text or a phone call, irrespective of the potential dangers around us.

If you have been injured in a road accident where the driver has been found to be using a mobile phone then you will potentially have a strong case to make a personal injury claim. Call Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee personal injury advisors.

personal injury claim being filled in

The Unseen Effects of a Personal Injury

The physical affects of an accident are plain for everybody to see – bruises, cuts, broken bones etc are easy to display and prove when it comes to personal injury claims. However, in several cases there is often the unseen affects of personal injuries that lead to psychiatric and psychological issues with the victim of the accident. These are harder to prove but can often lead to larger awards than the physical injuries if they can be demonstrated.

Common ‘unseen’ affects of accidents include post-traumatic stress disorder, depression and, when it comes to road accidents, severe travel anxiety. It’s also important to remember that these types of issues can also arise for people who have been involved in serious accidents but didn’t bear any physical injuries.

These affects often manifest themselves in changes of behaviour, anger, distress, becoming unsociable, flashbacks, difficulties with concentration and the inability to get back into a vehicle. personal injury claim being filled inThis inevitably can lead to problems at work and issues with performance.

It often takes a while for accident victims to realise that they are suffering emotional and psychological problems because of their accident and they suffer in silence. If you have been involved in any type of accident and recognise the signs above then we would urge you to seek support and help as soon as possible. Make an appointment with your GP and discuss your situation with them.

It is also worthwhile speaking to a solicitor who specialises in personal injury to discuss your case with them as well. You may not realise that you have a genuine case to make a claim, especially if the liability of the accident has been proven. It is often possible to obtain payments from the insurer of the person/company that is liable to seek private treatment so that you can be dealt with quicker and get a speedier resolution to your problems.

Have you had an accident or personal injury and are looking to claim? Call Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee personal injury advisors.

Wills & Probate

The Dangers of a DIY Will

When it comes to writing a will, many people are tempted to cut corners and save money by making up their own will. In this internet age, it’s very easy to download a DIY will template, then print and fill it out yourself. Will kits are even available to buy from stationery shops, ranging from about £10 to £30.

Even a few scribbles on a scrap of paper is legally binding, providing it is signed and witnessed correctly. However, by trying to save money now, you may be causing serious problems for your family in the event of your death. Here’s a brief guide to help you decide if your DIY will is really worth the paper it’s written on.Wills & Probate

How Simple Is Your Situation?

A DIY will may be sufficient if your personal circumstances are simple and straightforward, for example:

  • You’re married and you want to leave everything to your spouse.
  • You’re spouse is dead and you want to leave everything to your children.
  • You have no living family.

If you do decide to make a DIY will, ensure that any old wills are destroyed. Thoroughly check wording and spelling, and make sure it is signed and witnessed correctly. Don’t forget to tell your executor where it is kept.

Complications

If others are involved the situation can get complicated. These can include:

  • Step-children or other dependents.
  • Foreign properties or investments.
  • Specific wishes that are confusing or not worded correctly.
  • Mis-spelling names that can cause confusion and contention.

Mistakes are easy to make and your will could end up being invalid, in which case the law will decide who are the rightful beneficiaries.

Whether you want to write a Will or deal with the affairs of a loved one that has passed away, Mark Reynolds Solicitors are here to help. Contact Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee Wills & Probate advisors.

RSI

What exactly is RSI?

RSI (Repetitive Strain Injury) is not a recognised medical condition in itself. RSI is a ‘catch all’ term that is given to a variety of musculo-skeletal problems such as carpal tunnel syndrome, tendonitis and HAVS (Hand-Arm Vibration Syndrome).

Typically, RSI is caused when a person has to perform repetitive tasks, overuse equipment, deal with vibration equipment or have to work for long periods of time in one position. It can be a common problem with people who are involved in:

  • Extensive computer work
  • Using vibration tools such as a road drill
  • Using telephones for long periods
  • Operating machinery that requires repetitive movement
  • Consistent heavy manual lifting

People who suffer from RSI will oftenRSI complain of problems in their upper limbs such as swelling, stiffness and tingling. These problems can also take a long time to manifest themselves but when they do; it can be very severe and stop the person from working.

Cases of RSI are more common than you might think. With the growing use of computers, mobiles and laptops, people are using devices more frequently and for longer periods of time.
The size and proximity of the buttons on hand-held devices can also cause problems if you are using them for several hours in the day.

Employers have a duty of care to their staff to ensure that harm is minimised. RSI claims are on the rise in the UK and much of this rise has been put down to the consistent use of laptops and hand-held devices. If you are suffering from symptoms of RSI then you may have a case for compensation.

Mark Reynolds Solicitors specialise in Employment Law, have you suffered from discrimination or exploitation at your place of work? Contact Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee employment law advisors.

Personal Injury Holiday

Personal Injury: Cycling Safety Tips

Personal injury claims can be made by anyone who has suffered an injury in the workplace or outside the workplace because of another person’s negligence. At Mark Reynolds Solicitors we’re here to offer world-class advice and guidance through your personal injury claim.

But sometimes accidents can happen – especially if you’re cycling on the road during winter. Almost 92% of cycling accidents involve a car. The cold, wet and sometimes windy weather can be even more hazardous for cyclists. Here a few quick cycling safety tips for the winter:

Road Safety Tips for Cyclists

  • Ensure you’re riding a doors width away from parked cars in case anyway gets out
  • Always stop at red lights – no excuses!
  • Rise centrally in narrower lanes to avoid contact with other cars.
  • Always wear a correctly fitted helmet and high vis clothing, even during the day as you can’t predict the weather (fog, clouding over, heavy rain, etc)
  • Make sure all lights on your bicycle are working. Turn them on when it’Personal Injury Holidays foggy, very cloudy or heavy rain, as well as at night.
  • Never ride alongside large vehicles such as buses, coaches or HGVs. You may be in the driver’s blind spot.
  • Observe the Highway Code, it’s there for a reason
  • Always be polite and make eye-contact with drivers so you know they’ve seen you.
  • Always signal to drivers as to which direction you intend to go
  • Keep clear of the kerb

Road Safety Tips for Motorists

  • Look out for cyclists at junctions
  • When getting out of the car, watch out for any cyclists riding past before you open the door
  • Leave room for cyclists at traffic lights
  • Always signal for cyclists so they know where you intend to turn
  • You can overtake cyclists as long as you give them enough room
  • Never intimidate cyclists, even if their speed is slower. Remain patient and polite.

Have you had an accident or personal injury and are looking to claim? Call Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee personal injury advisors.

Family Law

Gender pay gap is over 19%

In July 2015 the Government launched an open consultation on the gender pay gap which currently sits at 19.1%. That means that for every £1 earned by a man, a woman will earn 81p.

Even though this is the lowest differential ever recorded it still demonstrates that the gender pay gap in the UK still needs addressing.

Ever since the Equal Pay Act was launched in 1976 it has been illegal for men and women to be paid differently for doing the same work; however this doesn’t mean that it doesn’t happen.

The open consultation aims to task organisations with mEmployment Lawore than 250 employees to publish gender pay information. The CBI are pushing back on this stating that the current voluntary approach for companies to disclose this information is working well enough and that the numbers of women on corporate boards has actually increased. This remains an area to be debated.

Ultimately the Government is looking for ideas that will encourage women to seek higher status careers, support older working women – where the pay gap is particularly high, and to comprehensively modernise the workplace. A move to more flexible working is being studied as a way of progressing women into higher profile jobs with more earning power and companies are to be encouraged to seek flexible working options when advertising for senior positions.

David Cameron has stated that he wants to eliminate the gender pay gap ‘in a generation’. Historically, UK businesses have been evasive in disclosing the pay gap between their male and female colleagues so it will be interesting to see how the open consultation develops and how this may affect employment law in the future. Interesting times lie ahead.

Mark Reynolds Solicitors specialise in employment law, have you suffered from discrimination or exploitation at your place of work? Contact Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee employment law advisors.

Employment agreement

Fair or Unfair Dismissal?

Under the Employment Rights Act, an employee with an employment contract has the right to not be unfairly dismissed.

If employment is terminated, it must be as a last resort when all other methods have been exhausted.  Dismissal must be fair, with good reason and a number of procedures must be respected before employment can be terminated. The employee then has the right to paid, reasonable notice depending on their length of continuous employment.

Here’s a brief look at the most common differences between fair and unfair dismissal.

Fair Dismissal

An employer has the right to terminate a contract for the following reasons:

  • Unreasonable conduct – examples include drinking, smoking or using narcotics in the workplace, theft and abuse of fellow workers.
  • Capability – if employment involves primarily driving, then a contract can be justifiably terminated if the employee loses their driving licence for causes such as reckless driving or DUI, therefore preventing them from carrying out their duties and causing a breach of contract.
  • Redundancy
  • Legal restrictions such as an employee’s immigration status.

Employment LawThe above reasons should be used as a last resort after trying to resolve employee conflict issues in an informal manner.

Disciplinary measures must be explained in a clear and concise manner, and explained to employees at the start of their employment. In the case of termination, due, paid notice must be given by the employer before the eventual termination of employment.

Unfair Dismissal

You cannot be dismissed for discrimination reasons such as:

  • Pregnancy
  • Gender
  • Age
  • Race
  • Religion
  • Sexual orientation.

Wrongful dismissal can be claimed if the minimum notice period has not been respected or paid. Constructive dismissal can be claimed when an employee is forced to resign due to their employer’s unreasonable behaviour, which can include harassment, false accusations and sudden changes in their contract.

Mark Reynolds Solicitors specialise in employment law, have you suffered from discrimination or exploitation at your place of work? Contact Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee employment law advisors.