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]]>If you or your family have been harmed as a result of negligence, know that you can make a hospital complaint and claim for compensation. There are many specialist solicitors who can support you through the process.
This page will tell you more about clinical negligence claims and how you can claim compensation for any injuries or losses suffered as a result of the negligent treatment you received.
Clinical negligence occurs when a medical or healthcare professional fails to uphold the care standards of their profession and causes injury to a patient. A patient may have a medical negligence claim if they have been harmed or have suffered as a result of a medical misdiagnosis, surgical negligence, prescription error, and birth injury.
Clinical negligence is the most complicated type of personal injury claim. It’s worth noting that no two cases are the same. The harm inflicted on an individual can range from minor to life-changing, and in extreme cases, may be even fatal.
The claims process differs between the NHS and private sector healthcare providers. Add in the complexity and the burden of proof that can prolong the process. But despite these, clinical negligence claims are crucial in that they hold dangerous malpractice to account, whether it be a public or private practice.
Are you still unsure about issuing a claim? Perhaps you’re more concerned with getting an explanation or an apology. You can write a letter to the hospital trust or the doctor who treated you to get closure after the incident and ensure it doesn’t happen again.
You may pursue financial compensation if you have suffered an injury, complication, or financial losses as a direct result of a negligent act. This is when you need the assistance of a solicitor and lawyer.
Clinical negligence has a strict legal definition. The claim only goes forward if the claimant is able to prove liability and causation. Let’s delve deeper into these two conditions that you need to prove when filing a claim.
Solicitors deal with different types of evidence to support a medical negligence claim. Below, we outline what they are and what they mean.
The solicitor must demonstrate that a patient-medical professional relationship existed. The solicitor must establish this fact to confirm that the medical professional or healthcare provider owed a duty of care to look after the patient for the duration of the treatment.
If the patient has been harmed by their action or inaction, then the medical professional breached that duty and can be liable. Medical records that confirm the professional or provider was treating the patient can be used as evidence of duty.
Dereliction, sometimes described as deviation, occurs when medical professionals accidentally or deliberately fail to follow the care standards of their profession, causing more harm to a patient as a result.
Direct cause refers to the specific action or inaction by a medical professional or healthcare provider that directly caused the harm to a patient in their care, like leaving a medical item inside a patient after surgery and causing scarring or disfigurement. Misdiagnosis and prescription errors can also be accepted as direct cause.
When considering pursuing a claim, cost is understandably the main concern. The vast majority of clinical negligence claims are funded through Conditional Fee Agreements (CFA). These are “No Win No Fee” arrangements designed to ensure that there is minimal financial risk to the claimants.
After the initial meeting, the solicitor will then determine if their client has a strong case for making a claim. They will then discuss the available funding options, which may include:
From birth injury to cancer misdiagnosis, any harm or losses suffered as a result of negligent treatment and malpractice is always a heavy burden to carry. Thus, patients are encouraged to file a claim to hold the responsible party to account. For more information on making clinical negligence claims, get in touch with Haymans Solicitors today.
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]]>The post Had an Accident at Work? Here’s How to Make a Claim appeared first on HAYMANS SOLICITORS.
]]>If you find yourself in an accident at work, know that you have every right to seek compensation and recover your losses. Hence, it is always wise to know where you stand and how to make a claim, and we’ll show you how in this blog.
HSE defines accidents as circumstances that lead to injury or ill-health. Workplace accidents are not intentional and are often caused by an unsafe work environment, faulty machinery, as well as the way the job was carried out, and the kind of tasks at hand.
Employers have the prime responsibility to ensure their workers’ health, safety, and welfare, especially the safety of workers who will likely find themselves in an accident while carrying out their tasks. Among the many responsibilities of employers include controlling and checking the workplace for any hazards and risks that the employees will be exposed to. Another responsibility is to support an employee’s claims for getting into an accident at work.
As an employee, you have rights you can exercise following an injury at work. Your rights include receiving compensation and not getting fired for making a claim for your accident at work.
Although there are many laws that protect workers from various industries, it is safe to say that those who are constantly exposed to risky jobs can make claims for accidents at work.
If you get into an accident at work, the first thing that will probably come into your mind is whether you can make a work injury claim or not. The good news is that you are eligible to receive compensation.
However, there are two things that are covered: if the injury is sustained in the last three months and if there is someone to blame for the accident you had while carrying out your job responsibilities.
But if you do not fall for any of the two, worry not because you can still make a claim. You can always seek help and ask how you can still make a claim for compensation despite not falling into any of the aforementioned circumstances.
Nearly all of us are dependent on our jobs, so we can pay off bills, put food on the table, and buy our wants and needs. Hence, you should always be aware of your rights and make claims if qualified.
When it comes to the expected compensation to receive, there is, unfortunately, no guaranteed amount. However, it depends on your solicitor if they will work on giving you the maximum amount possible.
If you have been in an accident at work, our expert panel of specialists here at Haymans Solicitors can help you out with your case. Whether your accident was caused by handling heavy objects or slipping or falling due to the unsafe working condition you were in, rest assured that we can handle your claim and we will also advise you according to your needs.
Our team of professionals will personalise their approach to your case because we want to ensure that your personal circumstances will be taken into account. On top of it, we work on a no-win-no-fee basis, which means that you will not have to pay anything unless our team will win your case. And what’s even better is that we will strive hard in helping you acquire the best and possibly the maximum amount of compensation.
We have experience in providing assistance to people who have sustained injuries and in claiming compensation on behalf of our clients.
You may contact us on 01132 49 49 49 for our Leeds team, and on 01706 39 33 33 for our Rochdale team.
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]]>The post What Happens After Getting Injured from a Violent Crime? appeared first on HAYMANS SOLICITORS.
]]>In today’s post, we’ll go about the process of making a criminal injury claim. If you sustained an injury from crimes of violence, read on to find out how you can be awarded up to a maximum of £500k as compensation.
The CICS is a government-funded scheme intended to compensate innocent victims whose lives have been seriously disrupted through no fault of their own following a violent crime. People who have suffered head injuries are especially given priority and are more likely to receive bigger compensation.
There are very specific conditions and time constraints governing which claims are considered. Solicitors will be able to advise on eligibility and make a claim under the scheme.
The Criminal Injuries Compensation Authority (CICA) manages compensation claims from victims of violent crimes. It was set up to assist those who had suffered physical or phycological injury as a result of being a victim of crime in England, Wales and Scotland. The authority is mainly responsible for administering the government’s Criminal Injuries Compensation Scheme (CICS).
The Criminal Injuries Compensation Authority (CICA) may send payment to the following crimes under the CICS:
Not all compensation claims are successful under the CICS. That is why it is crucial for people who sustained injury from crimes to work with an experienced solicitor who can advise and represent them. Persons filing a claim must be eligible under the rules of the scheme if they meet the following criteria:
Crimes are often not reported to the police immediately. This is especially true for sexual assault or sexual abuse cases. If the victim delays going to the police, they will need to explain why. An experienced solicitor can assist with this.
They will take into account the different circumstances of the case, including the age of the victim at the time of the crime. They will also look at whether the victim lacked the mental capacity to report the incident, or whether the seriousness of their injuries meant they could not report the crime straight away.
The time it takes for criminal injury compensation claims to be assessed will depend on their complexity. On average, criminal injury claims can take up to 12 months to be processed. When working with an experienced solicitor, persons filing criminal injury claims can be confident that there will be no hold-ups due to the CICA not having all the information and requirements they require.
Have you recently sustained an injury from crimes of violence? Let an experienced solicitor from our team help you with your claim. We are the ones you can rely on when it comes to personal injury claims.
We can quickly answer any questions the CICA may have regarding your application on your behalf. Please phone our office in Leeds on 01132 49 49 49 and on 01706 39 33 33 for our Rochdale team.
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]]>The post Slip, Trip, and Fall Claims appeared first on HAYMANS SOLICITORS.
]]>Such injuries may range from minor cuts to something as serious as head trauma. In the United Kingdom, you may make an injury claim if you believe that you slipped, tripped, or fell because of someone else’s fault. Read on to know how to make a claim if you slip, trip, or fall.
Other people’s negligence may cause harm to you. If this happens, here’s what you can do to make a claim for personal injuries.
Trying to document the details of your accident may not be the first thing you think about when you are in pain. However, it is important that you have evidence that the accident is due to poor maintenance.
Take photos
You most probably have your smartphone with you every time you go out and about. Therefore, make sure that you take pictures of the site and the cause of your injury, which can be an uneven surface, unsuitable floor surfaces, etc. If you notice that there are no warning or caution signs on the place, take pictures of the surroundings.
Collect the witnesses’ contact details
If you are in a public place, there may be people who have witnessed the accident—the ones with you or those who just happen to be in the same place as you. Ask for their permission to collect their contact details and tell them that you need their statements to support your case. This way, you will have a stronger case when making accident claims.
Keep medical documents
Accidents can result in minor bruises to severe bone dislocation. Therefore, you may or may not need medical attention. If you seek medical help, make sure to keep the documents with you to file for compensation or reimbursement from your expenses.
Moreover, medical documents also provide a comprehensive description of the extent and severity of your injury. Through this, you can get the right amount of compensation.
Having a solicitor will greatly help you in your case when making injury claims. With their expertise in the legalities of making claims, they will make sure that you receive the compensation you deserve.
Note that you have to get a solicitor who is an expert in personal injury claims. They will make the process less of a hassle on your part.
You may wonder if making a claim will cost more than the compensation you will receive. Or worse, what if you don’t get the compensation at all?
Good news! That is not something you should worry about. Slip, trip, or fall compensation claims are a no-win, no-fee arrangement. Therefore, you will only have to pay any costs if you win your claim. If not, you won’t have to pay at all.
Making sure that public spaces like walkways, steps, and pavements are safe for the people to walk into is the local council’s responsibility. Therefore, you have to obtain an acceptance of liability from the insurance company of your council if you figured an accident in public places.
It will also help the community avoid such accidents if you report the things that need fixing to the council. This may include broken slabs, growing weeds, or dangerously raised surfaces.
Owners of business establishments like shopping centres, restaurants, and malls are liable for any slip, trip, and fall accidents that happen inside their premises. To prevent inadvertently inflicting injuries to their customers, they have to make sure that their place is free of hazards. If there is a space that poses risks, businesses should place necessary signposts.
Some people slip, trip, and fall while they are on their work, especially in sites where general labour is carried out. While laws require employers to reimburse the expenses of their employees if they meet an accident while working, it is still crucial for employers to ensure that the production floor or workplace is safe.
If you slip, trip, and fall on a premise you rented, landlords can also be liable for that accident. Property owners ensure that the places they offer to the tenants are free from hazards like leaks, uneven surfaces, cracked floors, etc.
No one wants to meet an accident. But if you slip, trip, and fall, and you firmly believe that you are not at fault, then make a claim to get compensation.
You can always depend on Haymans Solicitors to provide you with honest and transparent legal services in making injury claims. With over 15 years of experience in handling slip, trip, and fall cases, we guarantee you that you will have a stress-free process when making a claim and ultimately receive the maximum amount of compensation. Contact our claims solicitors on 01132 49 49 49 for clients in Leeds or 01706 39 33 33 for clients in Rochdale.
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]]>The post Had an Accident on Holiday? Here’s How to Make a Claim appeared first on HAYMANS SOLICITORS.
]]>In this post, we’ve gathered all the steps to take to claim for an accident you’ve had on holiday abroad.
Making a claim for accidents you’ve had abroad can be more difficult than other types of claims. There can be a lot of people and organisations to deal with (especially in the first few weeks). Typically, claims will be made in the country where the accident took place and are subject to the law of that country.
This may affect the rights or compensation amount, so you will need to seek legal advice from a solicitor specialising in these cases. You have to do this as soon as possible as there are strict time limits on taking legal action to claim compensation for a personal injury.
There are different time limits within which an individual must begin legal action in a personal injury claim. The time limit for personal injury cases as a result of third-party negligence is 3 years. Court proceedings must be issued within 3 years of the individual first being aware that they have suffered an injury.
Depending on the circumstances of the case, a court may decide to extend a time limit. With all of this said, legal advice from a solicitor should be sought urgently to claim compensation.
Every experience is unique, but below are some examples of holiday accident claims that solicitors may be able to help claim compensation for:
If you’ve sustained injuries from a road accident abroad that wasn’t your fault, the first thing you have to do is report the accident. In most countries, you can connect to the emergency services by dialling either 112 or 911. Before traveling abroad, it’s a good idea to research the local emergency number and save it in your phone’s contacts list.
After reporting the accident to relevant authorities, collect as much information as possible.
Legal actions for personal injury compensation claims can be expensive. It is possible to get help with legal costs from a conditional fee agreement or an insurance policy. Many insurance policies have legal expenses cover attached, and you may be able to claim compensation for:
In some cases, an injured person can get the cost of their holiday back. For medical treatments, you will normally be expected to pay for minor claims if you have travel insurance. You’ll be expected to pay £50 to a local doctor for consultation and treatment.
You can claim the money when you get back to the UK. If you’re hospitalised, expect the insurer’s assistance company to come in and deal with the medical bills. If you have an EHIC, you may have to pay for your treatment and then claim the money back in the UK.
Check the rules on the NHS choices website as they may be different in each EU country. If you’re entitled to get the money back, you should try and make a claim while you’re still abroad. Remember to keep all receipts and paperwork to process your claim.
To take legal action over a personal injury as a result of third-party negligence, you should consult a solicitor who is a member of the Law Society’s clinical negligence accreditation scheme or personal injury accreditation scheme. Solicitors with extensive industry experience are familiar with the regulations and bodies set up to help people get the compensation they need after an accident.
Depending on the nature of the case, these solicitors can help anyone make a holiday claim compensation for personal injury.
We understand that nobody expects to be injured while they’re on holiday. If you’ve had an accident that wasn’t your fault, we at Haymans Solicitors in Leeds can help. We take pride in our expertise in all types of personal injury and crime and civil litigation. Contact our legal team if you’re looking to start a claim or find out if you have a case.
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]]>The post Been in a Car Accident? Here’s How to Make a Claim appeared first on HAYMANS SOLICITORS.
]]>We at Hayman’s Solicitors understand the burden that this could cause on those who have suffered damages. To help you out, we have prepared some steps on how you can make a claim on your auto insurance. At least with this, the financial repercussions might be a bit bearable.
So, without further ado, here are some tips on what you should do when you are in an accident and some steps you can follow to make a claim.
Accidents can happen so fast. You might not even have time to think about what you should do at the moment other than getting swept up by your reflexes. But if you ever get in a car accident, here are some very important things that you should remember.
As much as possible, never admit that it was your fault at the scene. You cannot make a claim once it has been proven that you admitted to being at fault. Another thing you should do is to exchange contacts with the other drivers. Get details from any independent witnesses who were there when the accident happened.
In case some parties who were involved in the accident refuse to provide their details, you can consult with your trusted insurer. With their resources, they might be able to trace these uncooperative parties through their vehicle registration number.
It is also highly recommended to notify your insurer about the accident immediately after it happened. And if someone got injured, present your insurance certificate or cover note to the police. When this is impossible to do at the scene, be sure to take the documents to the station within seven days.
Take as many photographs as you can. These can be used later as evidence which can help make your claim stronger.
The process of making a claim may vary from one situation to another. So, here are several situations that you may run into and what you can do after.
Having a comprehensive policy can save you from a lot of claiming troubles. For one, you can claim from your insurer if you are covered by a good policy. However, you may lose your no claims bonus if the money can’t be recovered from the other driver’s insurer.
You may claim uninsured losses which can cover alternative transport while your vehicle is being prepared. It can also cover any loss of earnings, treatment for personal injuries, and any excess on your policy.
To make a claim, request a form from your insurer. Another alternative may be writing to the other driver or their insurer. Give details about the accident and the other driver’s policy number. They should also be informed of any independent witnesses along with their witness statements.
To make a claim under a third-party insurance, inform the other driver that you want to claim from them in writing. The insurer will be the one to decide who is responsible for the accident. If the decision puts you at fault, be ready to repair your vehicle. Make sure to work with your insurer on this matter.
Before you get your vehicle fixed, your insurer may send someone to inspect it. Before having repairs done, they may ask you to utilize an approved repairer or give them quotations.
If your car is in better shape after repairs than it was before, you may have to cover some of the repair costs yourself.
If your insurer determines that repairing your car is not cost-effective, they should offer you the vehicle’s market value. They will usually remove your car, although you may be able to negotiate to keep it. This would be considered as an insurance write-off.
There are many other situations you may find yourself in. For instance, you might get into a car accident where damage to older cars or you may have to make a claim for a vehicle that is a write-off. Different situations will call for different actions. For a detailed step by step outline of the process on how to make an accident claim, click the link.
The bottom line is, you need someone on your side to help assist and guide you.
Get Help from Professionals Today
Here at Hayman’s Solicitors, we specialise in providing quality assistance in insurance disputes and claims. Learn more about how we can help you.
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]]>The post How COVID-19 Has Affected Solicitors? appeared first on HAYMANS SOLICITORS.
]]>Aside from that, increased lockup days are also observed during these unprecedented times. From an average lockup cycle at 155 days, most firms have added 15 to 25 days more on the lockup cycles.
Indeed, the impact of the COVID-19 pandemic is quite astronomical across all sectors. Today, let us expound on the effects of COVID-19 and the changes most law practitioners adapted to course through this profoundly new and unique situation.
Different firms have welcomed the idea of going virtual. This means that law students waiting to become full-fledged lawyers and new lawyers won’t have to experience the traditional ways of working. Instead, they will be part of a new culture that significantly contributes to a positive and radical change in the profession.
Social distancing and remote working have become a new norm to ensure everyone’s safety in the workplace. A lot of lawyers continue to work at home with their pets and partners. While this has addressed the issue of safety from coronavirus, it has also blurred the lines between personal and work life.
As the pandemic ceases, this shift in the work set-up and dynamics might be adapted in the future. Law firm hierarchies will be more flexible, providing more focus on emotional intelligence and customer focus. You can also expect more firms endorsing flexible working arrangement to foster a better work-life balance.
Ushering into a post-pandemic world, most businesses heavily rely on technology. Therefore, lawyers need to demonstrate their ability in working with multiple software and computer systems.
This only means that many firms will be geared towards training their employees to be flexible towards new technological changes. Their staff should show their digital expertise and overcome potential challenges that may arise. The firm needs to develop new strategies in maintaining its brand profile and finding new ways to attract clients without using traditional networking methods.
Like other industries, the legal sector was incredibly affected by the changes brought about by the coronavirus pandemic. Most firms do not know the right response to the situation. That is why the Law Society developed a framework for law firms on how to safely return to the offices.
At the start of the pandemic, everyone was advised to shelter in place. According to the Law Society, it is highly likely that in the next two years a skeleton workforce where a portion of the staff works at home while other employees continue to work on site.
During your finances and workflow review, you should also consider the oversupply of people working in the firm. Despite the extension of the JRS, it is still essential that discussions with some staff will be required, whether that is coming back from furlough, reduction in hours, part-time working or an organisational restructuring of the firm.
Unfortunately, it will be quite inevitable to see job cuts and losses in some areas of the legal sector. Most firms find it difficult to decide on these resourcing decisions. If you are having a hard time too, you can start reviewing your staff timesheets on a daily basis. By doing so, you can monitor everyone’s productivity and assess the next steps you need to do.
While the restrictions ease out, a lot of law firms continue to observe social distancing measures as a precaution against the virus. This only signifies that firms need to change the way they work and how tasks are managed. However, these key decisions should be taken collectively.
Because of the hardening of the PII market, pressure on law firm finances is at an all-time high. Some firms can’t simply obtain coverage at the cost they can afford.
Most clients are extremely concerned about their case confidentiality. Since different law firms and institutions turn to virtual and digital platforms, security and data breaches are becoming a growing problem in the sector.
That’s why considerations should be made in this remote setup. Law practitioners should still have measures in place to protect a client’s confidentiality. This is required by the SRA and law.
As you continue to operate in this new normal, you should always ensure that your data policies and procedure are up to date, where clear details of the arrangements are being agreed upon by you and your clients.
It is expected that due to the changes brought about by the pandemic, you can no longer provide the services your clients need. Whenever this happens, you must notify your client as soon as possible. Ideally, you should also provide them with the names of other solicitors to take over the case from you.
Unfortunately, various firms can provide services to their clients. If you’re among the law firms having a hard time providing services, you need to ensure that clients are fully aware of the situation and should not suffer because of miscommunication, or lack thereof.
Some clients want to meet with their lawyers face to face. While virtual meetings are possible, some meetings require a physical visit. In this case, you need to choose personnel who are not a risk to the client and doesn’t fall in the high-risk category.
Before the meeting, both the client and your employee will need to agree to the potential risks the physical meeting can bring. Proper personal protective equipment, such as face masks, should be worn as it is required by the law.
More so, holding virtual meetings must be highly considered, especially if anyone requiring legal services is classed as particularly high risk to coronavirus.
While the coronavirus pandemic continues to plague different businesses, law firms and solicitors have varied experiences. Some sectors saw growth, especially firms focusing on property and conveyancing. While other specialisations were greatly affected by the abrupt changes due to the global crisis. Here’s an analysis of how different sectors performed during the COVID-19 pandemic:
Family law remains integral amid the outbreak of the pandemic. With increasing family tensions, the work completion has staggered at a slower rate. This has been expected since obtaining a court hearing and seeking financial options have been difficult due to several factors – including the impact of housing, pensions, and the stock market.
As the pandemic ushers in a new channel of communication due to the social distancing requirements, access to family justice turn to the virtual landscape, where clients make conferences via video calls and remote hearings. However, most parties feel that these do not adequately state their case. Aside from that, negotiations have to be more structured resulting in judges having to make tougher decisions.
As the housing market re-opens, a lot of firms focusing on property and conveyancing have seen significant growth in workload and client base.
Contributing to this growth is the stamp duty holiday and the pent-up demand on people’s lifestyle changes. In fact, the sales were reported to be up by 52% in October last year. As the property market continues to boom, the recruitment market eyes more open jobs and positions for conveyancers.
While the situation for the property and conveyancing sector is deemed positive, it is also riddled with issues. People are still reporting problems when it comes to obtaining mortgages and delays with lenders. All these problems can inadvertently lengthen transaction for over two months. This creates a risk of missing the completion before the end of the stamp duty holiday.
Last year, it was reported that over 400,000 transactions will be completed. However, half of those transactions could miss out on the stamp duty holidays due to the delays.
At the height of the pandemic, many businesses are greatly affected which led them to either close down temporarily or permanently. With all the confusion surrounding the new situation, employment lawyers saw a significant surge in enquiries and consultations from both employers and employees. However, not all the work performed was chargeable in fee income terms.
The rise in demand for employment law services is not unusual. A lot of employees and employers want to know how to position themselves on the Coronavirus Job Retention Scheme (CJRS).
Commercial and corporate law was among the worst-hit practices during the pandemic. Many firms have reported a considerable drop in new inquires as businesses pause operations due to a lot of factors. Among these are incomplete current transactions and a lack of new instructions because of the uncertainty the future holds.
Unsurprisingly, this is among the practices that thrived during the pandemic. In fact, some firms reported a four-fold increase in inquiries and instructions. Many people are seeking advice on wills, power of attorney, trusts and tax planning. While this might be a short-lived upturn, this emphasizes the value of solicitors in the pandemic era.
Before the lockdown, law firms want to explore the concept of resiliency on how future lawyers adapt to these ever-changing times. The silver lining in this whole situation is how students of this generation can utilise the time to develop strategies to be more adaptable than ever before.
Gaining work experience and networking has proven to be difficult now only for full-fledged lawyers, most especially for students. In these unprecedented times, law students should go above and beyond to show their future employers how they can add value to the firm.
No one is certain how long the coronavirus pandemic will last. While vaccination rollouts are conducted, many are still quite sceptical about the long-term effects of the pandemic. However, one thing is clear: the way we work and operate has completely changed forever.
As everyone moves forward to the future in the new normal, life begins to re-start and as such, so do businesses and legal services.
There is a bright side to all of this; several operations and resolutions have been made for law firms to cooperate with throughout this pandemic. As the crisis unfolded, many of the firms have shown to be agile to the adaptation of a new normal. Those that will still be functioning and operating after the whole fiasco will be much more efficient and prepared to handle clients from anywhere in a profitable way.
Yet sadly, we can likely observe within the industry the loss of several firms that do not make it through these difficult moments. However, because of this, we can also observe a much stronger and more diversified marketplace like establishments aiming to lessen their need to rely on work types, causing them to become less susceptible to future risks.
In these hard times, we can only hope for the best that we can come back in full health as soon as possible. Unfortunately, as of the moment, all of us must monitor and prepare countermeasures for the worst-case scenario.
If you are looking for legal advice from professionals and experts in the field, look no further than Hayman’s Solicitors. We provide honest and transparent legal advice to our clients and we make sure that they are satisfied with our help. With over 15 years of experience in the industry, we can assist you with your personal injury, crime, and civil litigation problems with the help of our professional legal team.
When faced with complicated legal circumstances, go to Haymans Solicitors to save the situation. Get the professional help you need today by calling us at 01132 49 49 49 or 01706 39 33 33. You can also reach us through email via mail@haymanssolicitors.co.uk.
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]]>The post Criminal Law vs. Civil Law appeared first on HAYMANS SOLICITORS.
]]>In the UK, civil law and criminal law are two separate entities that are often mistaken as one and the same. This misconception often leads people to expect all the wrong things during litigations. These two broad separate areas of the law each has their set of rules and consequences that all people should be aware of. You can use this knowledge in the future. But if you are just curious about their differences, then may this article be a helpful guide for you.
Haymans Solicitors has extensive experience in both criminal and civil law. With our many years in the field, we have picked up on the obvious and more subtle nuances between the two.
In a nutshell, criminal law encompasses cases like burglary, assault, battery, and cases of murder. On the other hand, civil law covers cases involving negligence, malpractice, and many others. This can give you an idea of which types of cases criminal and civil lawyers handle. However, you might need a little more information than that. So, here we have a deeper look into criminal and civil law.
Civil law is largely concerned with the rights and properties of individuals or organisations. Here in the UK, individual or organisational rights may not be protected under criminal law. In such cases, they are settled through the courts of civil law.
Examples of civil law cases include family disputes. Divorce, dissolution of civil partnerships, child custody disputes, other disputes relating to children and childcare arrangements all fall under family disputes. Civil law also touches on personal injury cases like road traffic accidents, medical and clinical negligence, workplace slips, trips, falls, among other incidents.
Other cases that are covered by civil law include breach of contract cases where money is unpaid or some terms of the contract were not honoured by the other party. Employment law is also covered by civil law. Cases like workplace discrimination or harassment, for instance, are handled by civil law practitioners.
Civil law aims to establish whether the defendant, referring to the person or organisation in question, had a duty of care towards the claimant. An example would be the relationship of an employer to an employee where the former has the responsibility to care for the latter at work. If an employee is injured at work, personal injury solicitors take up the case to a civil court rather than a criminal court.
Criminal law, on the other hand, deals with offences and breaches that negatively impact society as a whole. The rules that govern this area of the law is outlined in the Acts of Parliament, which details all the acceptable and unacceptable conducts in the UK.
The main aim of this area of law is to maintain balance within society. This is highly rooted in moral law wherein harm (may it be physical, emotional, financial, etc.) inflicted on other people are considered grievous crimes.
A person who is suspected of breaching the rules of criminal law is subject to criminal prosecution by the state. Criminal proceedings are conducted in the name of the Crown and are thus brought by the Crown Prosecution Service to the Magistrate’s Court or the Crown Court. Parties who have a specific interest in cases like the RSPCA/Royal Mail also pursue private criminal prosecution.
Offences that breach criminal law includes criminal damage as robberies or theft, sexual assault, murder, fraud, money laundering, drug dealing, and many others.
Convicted offenders are given the penalty laid out in the relevant legislation and sentencing guidelines. Penalties are often in the form of fines, prison sentences, or community service. In the UK, a person must be guilty beyond reasonable doubt to be found guilty of a criminal offence. They, therefore, remain innocent unless proven otherwise.
From the brief definitions that we have given above, you may have picked up on a few differences between criminal and civil law. But we want to take it a bit further and digest the topic even more. Here, we list down the specific differences between the two areas of law.
Civil law follows the evidentiary standard that states, “preponderance of evidence.” Under this standard, the burden of proof lies on the plaintiff. The burden of proof is met only when the plaintiff convinces the fact finder that there is at least a 50% chance that the claim is true.
Criminal law, on the other end, follows another type of evidentiary standard. The standard is the infamous “beyond a reasonable doubt” where the burden of proof falls on the state or government. This also implies that the prosecution must convince the jury that there is nothing else that can disprove the facts and pieces of evidence that are presented. Once the defendant’s guilt is proven beyond reasonable doubt, then a guilty verdict will be rendered.
Unlike civil law, the standard of proof for criminal law cases are much higher. An explanation for this is that the punishment is equally heavier and thus, the judge and jury should come to the absolute certainty regarding the defendant’s guilt or innocence.
The “punishment” in a civil litigation typically comes in the form of compensation for injuries or damages incurred by the plaintiff. Disposition of property and other disputes may also apply depending on the subject of the case.
In criminal cases, crimes are divided into two broad categories namely, felonies and misdemeanours. The punishment varies for each case and usually comes in the form of incarceration and/or fines. In cases involving grievous crimes, death penalties can even apply. But in the UK, the capital punishment was completely abolished in 1998.
Civil law ultimately intends to help the aggrieved party receive a compensation or compromise. For instance, when a worker badly suffered from injuries due to improper implementation of safety standards in the workplace, he or she is entitled to a settlement from the employer or the organisation.
In contrast, criminal law intends to bring the aggrieved party to justice by implicating or convicting the people or persons responsible. Through criminal law, the apprehension, charging, and trial of suspected persons are thoroughly regulated.
The criminal law is one of the many things that organised societies use to protect individual human rights. It would be hard to determine where we would be today as a society without the establishment of criminal law, or any area of law for that matter.
The way that a lawyer approaches a case can also vary. In every case, lawyers have the responsibility to work out some kind of deal. For civil suits, negotiating and resolving deals are much more flexible. But you do not have as much leeway when dealing with a criminal case. Negotiations in a criminal case require litigators to think beyond.
They have to consider things like potential incarceration, the rights of an individual after a plea agreement, and many others. All these other factors can make negotiating complicated. In fact, they also have to adjust their approach based on the judge that handles the case. This is because judges also play a key role – they can reject agreements for a variety of reasons which depends from case to case.
In criminal law, lawyers are often tied to the mercy of the court, while civil settlements have more freedom in the sense that outside judicial review can give them more room to adjust. For the latter, there are more chances of finding an acceptable solution for all the parties involved. The same could not be said for criminal cases, however.
The statute of limitations pertains to the period of time allowed for bringing certain kinds of legal actions to the court. The two areas of law also differ in this regard. Prosecutors or plaintiffs have a period of limitation after an incident to press charges or bring a claim against a defendant. The statute of limitation set for civil lawsuits is intended to prevent prosecutors from making unreasonable claims or demands.
Here’s an example. If a worker accused an employee of an offence that happened more than 20 years ago, the employee might not have enough evidence to make a strong case. The lack of evidence does not only mean the plaintiff risks losing the case, but it also means lesser compensation for the said offences. However, there are exemptions like cases involving asbestos and so on.
Guidelines for the statute of limitations vary according to the region. But for heinous crimes like murder, major theft, sexual assault, homicide, and kidnapping, the statute of limitations does not apply.
There are many explanations as to why some cases involving murder, theft, sexual assault, among others are free from any statute of limitations. Although some of them may be controversial, one reason is that a person or group of people that has committed such acts cannot be allowed to remain at large no matter how long ago it was committed. But then again, some regions do have a statute of limitations for some criminal cases, rendering the suspects free from any type of punishment.
The appellant for civil lawsuits may either be the employee or the employer or anyone else involved. Either party can file a case against the other. While in criminal cases, the defendant is the only one who can appeal.
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Our team is backed with over 15 years of experience in the field. From simple misdemeanour cases to complex class-action litigations, we have been steadfast in giving consistent and accurate services to our clients. We cover cases in both civil and criminal law. Our expertise lies in handling cases involving criminal damage, fraud, family disputes, personal injury, company disputes, Proceeds of Crime Act Cases (POCA), and many others.
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