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Personal Injury | Spouse visa | Family law | Business leases | 02071933839
Personal Injury | Spouse visa | Family law | Business leases | 02071933839
At Wafi Solicitors, our Personal Injury (PI) team brings a wealth of experience and skill in managing a wide variety of claims. We have clients with road traffic accidents, workplace incidents, slips and falls. Our experienced solicitors also deal with high value catastrophic personal injury claims and clinical negligence, where we’ve achieved successful settlements for our clients, including a seven-figure settlement.
Stress-Free No Win No Fee Agreements
We understand the financial strain that can come with personal injury claims. That’s why at Wafi Solicitors, you can pursue your PI claim with us on a “no win no fee” agreement. This approach minimises your legal costs while you seek justice and fair compensation for your injury.
Dedicated Client-Centric Approach
Our team is committed to guiding you through every step of your personal injury claim process. We keep you informed about your case’s progress and provide access to top medical professionals and specialists. This ensures you receive the best care and support throughout your recovery and legal journey.
Recognising the challenges our PI clients face, we offer flexible consultation options. Choose from meetings in our office, video calls, or at-home visits, based on what works best for you.
Compensation
We aim for comprehensive compensation, covering both General Damages for “pain, suffering, and loss of amenity” and Special Damages for financial losses or expenses due to the accident. In serious cases, this can include future earnings loss, ongoing medical care, home modifications, and pension loss. Please refer to our FAQ in our website dealing with this aspect more details.
Free Initial Consultation
Start with a free consultation at Wafi Solicitors. Our Personal Injury Lawyers are dedicated to discussing your claim in detail and answering any questions you might have.
We have extensive experience in this field and look forward to your call on 02071936688..
Frequently Asked Questions:
– Legal Support for Loss of Limb and Amputation ClaimsPlease use the FAQ section below to understand some frequently asked questions about Personal Injury cases.
Handling Severe Injury Cases
First Meeting and Early Stages
Q1: Why is it important to meet with the solicitor and family early in a severe injury case?
A: Early meetings help the solicitor understand the claimant’s situation better, especially how the injury affects their daily life. These meetings often happen at the claimant’s home for practical reasons and to make the claimant more comfortable.
Q2: What happens during the first visit to the claimant’s home?
A: The solicitor assesses the home environment, understands the family dynamics, and sees any temporary adjustments made to accommodate the claimant’s disability. This visit is crucial for understanding the claimant’s needs and planning the case effectively.
Witness Evidence
Q3: Why is witness evidence important in severe injury cases?
A: Witness evidence provides a detailed account of the accident, its impact, and the ongoing needs of the claimant. If the claimant cannot provide evidence due to their condition, family members may need to give this information.
Q4: What should a witness statement include?
A: The statement should cover the claimant’s life before and after the accident, including details about their family life, work, and daily routine. It should also describe the care they need, the impact on their work, and any changes in household expenses.
Documentary Evidence
Q5: What kind of documentary evidence is needed in severe injury cases?
A: It’s helpful to gather documents like travel expense receipts, bills for services like domestic help, increased utility bills, and any communication from medical teams or social services. This information supports the claim and shows the financial impact of the injury.
Care Diary
Q6: What is a care diary and why is it important?
A: A care diary is a detailed record of the care provided to the claimant, kept by family members. It should include the type of assistance given, who provided it, and how long it took. This diary is important for showing the extent of care required over time.
For an initial free assessment of a no win no fee personal injury claim, call Wafi Solicitors on 020 71936688.
Legal Support for Loss of Limb and Amputation Claims
Support for Living with the Loss of a Limb
Q1: How does your firm support individuals living with limb loss?
A: We are proud legal panel members of the Limbless Association, a leading charity supporting amputees. Our involvement includes participating in volunteer mentoring schemes and support hubs, emphasizing early intervention and comprehensive care after amputation.
Leading Amputation Claim Lawyers
Q2: What assistance do you provide for new amputee clients?
A: Our clients typically reach out to us shortly after their accident. Our initial role involves assessing their rehabilitation needs and coordinating a multidisciplinary rehabilitation package. This may include assistance from physiotherapists, occupational therapists, prosthetists, orthotists, and mental health professionals.
Q3: How do you handle cases involving elective surgical amputation?
A: In cases where clients choose surgical amputation, we assist by integrating this process into their existing rehabilitation plan. This includes securing necessary funding and providing support before and after surgery.
Q4: What does the rehabilitation package involve?
A: The package typically includes expert inputs for long-term prognosis, securing funding for advanced surgeries, prosthetics, assistive technology, and ongoing medical care. We aim to compensate and restore the injured person to their pre-accident state as much as possible.
Types of Amputation Claims
Q5: What types of amputation claims do you handle?
A: Our expertise covers a wide range of amputation claims, including leg, arm, hand, finger, thumb, and multiple amputations. We have a respected track record in handling complex, high-value claims.
Starting an Amputation Claim
Q6: How do I start an amputation claim with your firm?
A: You can begin by booking an initial consultation with our serious injury team. We will discuss the circumstances of your injury to assess the validity of your claim and explain the claims process and funding options, including conditional fee agreements.
Funding an Amputation Claim
Q7: How is an amputation claim funded?
A: Most claims are pursued through a ‘No Win No Fee’ Conditional Fee Agreement, meaning you won’t pay legal fees if the claim isn’t successful.
Validity of a Loss of Limb Claim
Q8: How do I know if my loss of limb claim is valid?
A: A valid claim requires demonstrating that your injury was due to someone else’s negligence and directly caused your limb loss. We can help assess and guide you through this process.
For an initial free assessment of a no win no fee personal injury claim, call Wafi Solicitors on 020 71936688.
Catastrophic Injury Claims
Definition of Catastrophic Injury
Q1: How is ‘catastrophic injury’ defined in your practice?
A: We define catastrophic injury as any injury that permanently changes the claimant’s life, often limiting their independence and ability to work. This encompasses not only injuries requiring round-the-clock care but also those fundamentally altering the claimant’s quality of life and that of their family.
Role of the Claimant’s Solicitor
Q2: What is the role of the claimant’s solicitor in catastrophic injury cases?
A: The solicitor’s role begins often when the claimant is still hospitalised. It involves coordinating with local social services, state benefits agencies, and support organisations to establish necessary assistance for the client and their family.
Assessing Liability
Q3: How is liability assessed in catastrophic injury cases?
A: Assessing liability is crucial. We focus not only on the impact of the injuries but also on establishing fault by another party. This involves thorough investigation and risk assessment, especially in cases funded by conditional fee agreements (CFAs).
Defendant’s Insurance Cover
Q4: What if the defendant lacks appropriate insurance cover?
A: In cases where the defendant lacks employers’ liability cover, we manage client expectations and explore alternative compensation avenues. This scenario is unfortunately more common in cases involving severe injuries due to negligence.
Limitation Periods
Q5: What are the limitation periods for catastrophic injury cases?
A: The standard limitation period is three years from the date of the accident or the date of knowledge. However, this can vary in cases involving children, individuals lacking capacity, or accidents occurring under special circumstances, like abroad or on a ship or aircraft.
Funding the Claim
Q6: What are the funding options for catastrophic injury claims?
A: Funding options include Before the Event (BTE) insurance, trade union funding, Conditional Fee Agreements (CFAs), Damages Based Agreements (DBAs), and legal aid for specific clinical negligence cases. Each option has its considerations, especially regarding the claimant’s capacity and the severity of the case.
Rehabilitation Considerations
Q7: How is rehabilitation approached in catastrophic injury cases?
A: Early rehabilitation is crucial. We engage with defendant insurers for funding, focusing on immediate needs assessments (INAs) and the most effective rehabilitation program. Funding mechanisms include direct funding by the defendant or using interim payments set against ultimate damages.
For an initial free assessment of a no win no fee personal injury claim, call Wafi Solicitors on 020 71936688.
Catastrophic Injury Claims and Accommodation
Accommodation Needs
Q1: Why is accommodation important in catastrophic injury claims?
A: Suitable accommodation is crucial for the rehabilitation of severely injured claimants. It must meet both present and future needs, potentially including modifications for accessibility and care.
Q2: What are typical considerations for adapted accommodation?
A: Key considerations include wheelchair accessibility, installation of lifts and hoists, space for carer accommodation, storage for aids and equipment, and bathrooms capable of being adapted.
Q3: When might new accommodation be required?
A: New accommodation is needed when the claimant’s current home cannot be suitably adapted to meet their needs due to the severity of the injury.
Expert Evidence
Q4: Who determines the accommodation requirements for a claimant?
A: Medical and nursing care experts, along with architects specialising in accommodation for disabled people, assess the claimant’s requirements.
Q5: What costs are recoverable for adapting or moving to a new home?
A: Costs can include adaptations to the property, ongoing maintenance, increased utility bills, moving costs, legal fees, and furnishing the new home.
Capacity and Court of Protection
Q6: What happens if a claimant lacks the capacity to manage their affairs?
A: If a claimant lacks capacity, they are considered a ‘protected party’ and must have a litigation friend to conduct the claim on their behalf. The Court of Protection may become involved to manage the claimant’s financial affairs.
Q7: How is a claimant’s capacity determined?
A: Capacity is assessed based on the claimant’s ability to understand, retain, use, and communicate information relevant to decisions. Expert medical evidence, usually from neuropsychologists or neuropsychiatrists, is required for this assessment.
Periodical Payments Orders
Q8: What are periodical payments orders in catastrophic injury claims?
A: Periodical payments orders provide regular payments to the claimant, rather than a lump sum, to cover future losses. They are considered especially in severe injury cases to ensure ongoing financial security.
Q9: How are periodical payments orders indexed?
A: The payments are usually indexed to inflation measures like the Retail Prices Index (RPI) or the Consumer Prices Index (CPI), and in cases involving care costs, to the Annual Survey of Hours and Earnings (ASHE) for care workers.
Personal Injury Trusts
Q10: What is a personal injury trust and why is it important?
A: A personal injury trust manages the claimant’s settlement to protect their eligibility for means-tested benefits and ensure proper management of the funds. It’s particularly important for claimants who might not be able to manage a large sum of money or who receive state benefits.
For an initial free assessment of a no win no fee personal injury claim, call Wafi Solicitors on 020 71936688.
Understanding Head of Claim in Catastrophic Injury Claims
General Damages for Pain, Suffering, and Loss of Amenity
Q1: How are damages for pain, suffering, and loss of amenity calculated?
A: Damages for these are assessed based on guidelines and past case examples. In cases of catastrophic brain injury, the claimant’s awareness of pain affects the valuation of damages. Loss of amenity is assessed based on what the claimant has objectively lost, regardless of their awareness.
Loss of Earnings
Q2: What is considered for loss of earnings in severe injury cases?
A: If the claimant retains some capacity to work, this is factored into the calculation. We use established guidelines to consider pre-accident and residual earning capacity. The claimant’s disability status is also assessed in line with relevant acts and guidelines.
Loss of Pension
Q3: How is loss of pension handled in injury claims?
A: Loss of pension is calculated considering the impact of the injury on the claimant’s ability to continue in their job or career, affecting their pension accumulation.
Care and Attendance
Q4: What types of care and attendance might be needed?
A: Care can come from family/friends, hired carers, agencies, or public statutory services. In severe injuries, family often initially provide care, but there may be a need to switch to professional care services. The care needs often change over time, especially in cases involving brain injury.
Accommodation
Q5: Are accommodation needs considered in catastrophic injury claims?
A: Yes, accommodation needs are an important part of these claims. The objective is to ensure the claimant’s living space is suitable for their needs post-injury.
Aids and Equipment Costs
Q6: How are costs for aids and equipment determined?
A: Costs are determined based on medical and occupational therapist assessments. This includes maintenance and future replacement costs. The need for prosthetics is also considered, with guidance from relevant experts.
Adapted Vehicle Costs
Q7: Can costs for adapted vehicles be claimed?
A: Yes, costs for adapted vehicles are considered, especially if a larger or specially modified vehicle is required. This includes future replacement costs and potentially higher running costs.
Medical Expenses and Treatment Costs
Q8: What medical expenses and treatment costs can be claimed?
A: Claimants can recover costs for all necessary treatments and medications. This ranges from simple medications to therapies and surgeries. The treatment must be deemed necessary and reasonable, often based on medical advice.
Case Management
Q9: What is involved in case management for catastrophic injury claims?
A: Case management covers the overall coordination of the claim, ensuring all aspects, from medical needs to financial considerations, are addressed effectively.
Court of Protection/Deputy Fees
Q10: Are Court of Protection or deputy fees relevant in these claims?
A: Yes, in cases where the claimant is mentally incapacitated, fees related to the Court of Protection or a personal injury trust may be relevant.
DIY and Gardening
Q11: Can costs for DIY and gardening assistance be claimed?
A: Yes, if the claimant requires paid assistance for these services due to their injuries, these costs can be included in the claim.
Increased Holiday Costs
Q12: Are increased costs for holidays considered in the claim?
A: Increased costs for holidays, such as suitable accommodation, flight upgrades for comfort, and insurance, can be part of the claim.
Miscellaneous Losses
Q13: What are miscellaneous losses in catastrophic injury claims?
A: These can include additional costs for technology, increased heating, special bedding, and dietary needs. Even small items, like taxi fares, should not be overlooked.
For an initial free assessment of a no win no fee personal injury claim, call Wafi Solicitors on 020 71936688.
Rehabilitation in Catastrophic Injury Cases
Q1: What is the goal of rehabilitation for brain-injured claimants?
A: The ultimate goal for many brain-injured claimants, both children and adults, is a transition from hospital or a residential rehabilitation unit into the community. This move is linked to an improved quality of life, increased independence, self-reliance, and better social integration.
Q2: What are the challenges in rehabilitation before liability is resolved?
A: Before liability is resolved, claimants may face limitations in accessing services due to funding constraints and high demand. This can lead to insufficient care and therapy, lack of a coordinated systemic approach, inadequate multidisciplinary care, and challenges in therapy application in the home environment. Additionally, securing adequate support in educational settings can be difficult for brain-injured children.
Q3: How can funding for an immediate needs assessment (INA) and rehabilitation be secured in early stages of a case?
A: A claimant practitioner can request funding for INA and rehabilitation before a decision on liability is made. Insurers may engage at this early stage, even in cases where liability is not clear cut.
Q4: What are the funding methods after liability is resolved?
A: There are two primary funding methods: direct funding by the insurer and funding by general interim payment. The choice of method can affect the involvement of the defendant in the rehabilitation process and the control over the flow of information.
Q5: What is the role of case managers in rehabilitation?
A: Case managers play a crucial role in setting up, coordinating, and delivering a bespoke care and therapy package. They help in identifying the claimant’s needs and recruiting clinicians and therapists. The choice of a case manager should be tailored to the claimant’s personality and specific needs.
Q6: What is the importance of support workers in the rehabilitation process?
A: Support workers are essential for meeting the claimant’s care needs. Direct recruitment of support workers is generally preferable for consistency and long-term involvement in the care package.
Q7: What role does a treating neuropsychologist play in rehabilitation?
A: A neuropsychologist is key in devising and overseeing a behavioural programme to manage the various symptoms resulting from brain injury. They ensure regular review of progress, goal setting, and consistent application of the programme by all involved in the claimant’s life.
Q8: How are additional specialists like neuropsychiatrists and educational psychologists involved?
A: Neuropsychiatrists may be involved for psychiatric conditions and medication management, while educational psychologists are vital for addressing special educational needs in children and young adults.
Q9: Why is the claimant’s family and loved ones’ involvement important in rehabilitation?
A: The family and loved ones are fundamental to the success of the rehabilitation programme. Their involvement, support, and understanding of the programme are crucial for the claimant’s progress.
Q10: What considerations are involved in securing appropriate accommodation for rehabilitation?
A: Appropriate accommodation is vital for the effective delivery of the care and therapy package. Factors like space, privacy, therapy benefits, and proximity to necessary services are important considerations. Additionally, the process for claiming costs associated with accommodation, adaptations, and associated fees should be understood.
Wafi Solicitors Personal Injury Lawyers offer a free consultation on making a no win no fee compensation claim and will be happy to discuss your claim in full – and answer any questions you may have about making a no win no fee personal injury claim.
For an initial free assessment of a no win no fee personal injury claim, call Wafi Solicitors on 020 71936688.