Personal Injury Claims

If you have suffered a personal injury due to someone else’s negligence you may be able to make a personal injury claim.

At Clodes we take on a range of Personal Injury cases including but not limited to the following:

  • Accidents and Injuries at Work
  • Road Traffic Accidents
  • Accidents in Public Places, Shops, Supermarkets and Carparks
  • Cycling Accidents
  • Sexual Abuse and Physical Abuse

Is there a time limit to bringing a claim?

In most cases, claims need to be brought within three years from the date of the negligent act or from the date when you first realise that you have suffered a serious injury. In fatal cases, it is three years from the date of death.

How long will my claim take?

By their very nature personal injury claims can take a number of months or even years to conclude. This is due to the volume of evidence we may need to obtain. We can give you an idea of the likely timescale of your case once we have further information about your particular claim.

Funding your case

We know that many people worry they will be saddled with a large legal bill should they bring a personal injury claim. At Clodes we will carry out an initial assessment of your case and inform you whether we can take the case on a no win no fee basis within 2 weeks of receiving all requested information from you.  

If we are able to offer you a no win no fee agreement and you win you may have to pay a success fee although we will discuss whether or not you will be asked to pay a success fee at the start and before you enter into the agreement with us.

In some cases we will advise you to take out after the event insurance and we will be able to advise on that before we start acting.

We do not operate call centres or deal with referral companies.

If you wish for us to consider your claim or wish for further information in relation to our no win no fee agreements please contact us today.

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Clodes Solicitors
Clodes Solicitors
A common query we receive is that P has lost capacity - how does one remove an Attorney appointed under an LPA ?

The Mental Capacity Act 2005 under S.22 and S.23 gives the Court power to revoke an LPA or to determine any question as to the meaning or effect of a lasting power of attorney.

One must carefully consider whether the allegations have merit and who it is proposed would deal with the persons financial affairs should the LPA be revoked.

One could raise there concerns directly with the Office of The Public Guardian or the attorney.

Alternatively one could consider making an application to the Court of Protection to revoke the Power of Attorney and appoint X as a Deputy. If time is of the essence an application to the Court for Directions or Revocation maybe prudent following a letter before action.

If a person is considering a Court of Protection application they should seek legal advice before commencing.

Where a Court application for revocation is being considered the donor would need to be assessed by an expert to ascertain the following:

1. Does P have capacity to revoke their LPA ?
2. Can P validly enter into a new LPA ?
3. Does P lack capacity to request accounts from their attorney ?
4. Did P lack capacity to make the gift or relevant financial decisions at the relevant time ?

The Court can consider any past behaviour or apparent prospective behaviour by the attorney. Provided that X does not have capacity the Court has the power to take whatever steps it regards as appropriate in P's best interests, whether that be by revoking the LPA or by taking some other course.

If you have concerns about a loved ones Attorney contact Clodes Solicitors on 02920 765050 or at https://www.clodes-solicitors.com/service/lasting-power-of-attorney/ #solicitor #local

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