Following a serious injury, the individual will be admitted to the hospital under the care of a consultant relevant to the type of injury. On discharge from hospital medical care will often continue to be provided via the hospital outpatients department and/or GP. The written records produced during treatment are important evidence of the nature and extent of an injury, however, in order to prove the existence and extent of an injury, your solicitor will need to instruct an independent medical expert. This would not be the same person who provided the treatment in hospital. In serious injury cases often more than one expert is instructed and they may well be asked to produce more than one report if recovery takes a long time. A medical expert will examine the injured person, consider the medical records and then produce a written report. The written report will stand as evidence in the claim. Getting the right medical experts is vitally important.
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Mental capacity is about being able to make your own decisions. It is decision and time specific. If you are deemed to lack mental capacity, you may not be able to make decisions for yourself due to an illness, injury or from birth.
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Being mentally unable to do something/make decisions.
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A search to check whether the property may be affected by coal mining activity.
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A child under the age of 18.
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Term often used when referring to wrongful, improper or unlawful actions taken by an employee. An employee can be dismissed on the grounds of misconduct if they have received previous warnings for misconduct. Dismissals on the grounds of misconduct would have to be with notice pay.
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Efforts by the claimant to find a new job and reduce their loss of earnings.
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A loan to buy a house or flat where the mortgagee lends the mortgagor money in return for a legal charge being registered against the property to ensure that the loan must be repaid before the property can be sold.
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The document signed by the mortgagor to create a legal charge which the mortgagee can register at the Land Registry.
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The details of the terms upon which the mortgagee is prepared to make the mortgage loan.
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The length of time agreed for the repayment of the loan.
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Where a property has been charged by the owner or mortgagor to the mortgagee.
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Somebody who provides a mortgage (e.g. a bank or building society).
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Somebody who takes out a mortgage (a borrower).
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A scanning machine that enables highly detailed pictures of the brain and other parts of the body to be taken. MRI uses a strong magnet rather than X-rays.
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A situation where the amount of money you owe on the mortgage on the property is more than the sale price.
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A breach of the common law duty of care will often be an act of negligence. For example, if you drive on the road in a dangerous manner that will be considered negligent. Such action will only give rise to a claim for damages if, as a result of that negligence, somebody is hurt. There must be a clear link between the negligent behaviour and the injury.
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The engagement in discussions between parties in an attempt to resolve disputes that have arisen.