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Noise induced hearing loss (NIHL) is usually caused by exposure to excessive or persistent noise, leading to damage that cannot be reversed or corrected medically or surgically. A single instance of exposure to a very loud sound (such as an explosion) can be enough to cause damage that, in turn, causes NIHL.

If you work, live or otherwise remain in environments that produce loud or persistent noise, you should ensure that sufficient ear protection is worn to reduce the risk of NIHL. However, whilst the risks arising from exposure to loud noises can sometimes be reduced, Tollers Solicitors is seeing an increase in noise induced hearing loss claims from serving, and former, Armed Forces personnel.

Armed Forces and NIHL

The Armed Forces is a naturally noisy environment, with potential noise exposure from weaponry, artillery and explosives, firing ranges, generators, armoured vehicles, aircraft engines and playing in brass bands. This presents a unique environment that isn’t often duplicated outside of the Armed Forces.

Despite the unique nature of its operations, the Ministry of Defence (MOD) remains responsible for the welfare of its staff and limiting the risk of harm, despite the combat conditions they often face, which include providing suitable noise defenders. The equipment provided has changed over time from ear muffs, helmets, ear plugs and ear defenders. More recently, the MOD supplied moulded earplugs for personnel deployed operationally, including smart earplugs that absorb external sounds and transmit them at a manageable level.

NIHL and tinnitus (a condition which results in ringing or high-pitched noises being constantly heard within the ear) resulting from exposure to high levels of noise may not be known until a long time after the injury has occurred and is usually noticed alongside the normal ageing process or triggered by an event, e.g., noticing that the television or radio volume is consistently high, or being unable to hear family members. The nature of NIHL can significantly impact an individual’s quality of life, affecting their ability to work, socialise and carry out their normal day-to-day activities. NIHL is particularly dangerous during active service, potentially affecting the ability to hear sounds and instructions, and can therefore be a reason for medical discharge. The proportion of medical discharges due to NIHL and/or tinnitus has increased over recent years.

Noise Induced Hearing Loss Claims Against the MOD

Since a change in the law in 1987, Armed Forces personnel may be eligible to pursue a personal injury claim against the MOD for NIHL as long as it is within time limits and there is evidence of the degree of hearing loss. The number of claims of NIHL within the Armed Forces is increasing, with more than 9,000 claims being successfully settled against the MOD between April 2012 and March 2018, totalling compensation of £58 million. By mid-2022 the total compensation paid out by the MOD for NIHL increased to £95 million, with an average of more than 1,300 MOD settlements per year.

David Boobyer of Tollers Solicitors is experienced in managing military claims, with compensation totalling over £1m for injured armed forces personnel. Many military NIHL claims include:

Talk to Tollers Regarding NIHL

If you are affected by NIHL and think you might have a case or you just want to find out more about the services Tollers Personal Injury team provides… Talk to Tollers on 01604 258558. Our highly experienced PI specialists are on hand to answer any questions you might have and possibly advise and guide you through the process of making a claim.

David Boobyer of Tollers Solicitors and appointed counsel, Chris Barnes KC and Chris Allen of Exchange Chambers, have reached a lump sum settlement of £10 million for their Client, who was involved in a road traffic accident (RTA) before birth. The Claimant, a 23-year old now based in the USA, was aged 33 weeks in-utero when the parents were involved in a head-on collision with another vehicle, resulting in the claimant suffering a serious brain injury and being born prematurely. Despite the serious and life-long impact of their injuries, the Claimant, hailed as a determined, diligent, and bright person by the Judge, has persevered to successfully obtain a degree at university and to further continue their studies.

The Claimant’s move to the USA brought additional complications to the claim, including; the costs of care and residing in the USA, whether a lump sum or Periodical Payment Order (PPO) was an appropriate award, consideration of multi-jurisdiction taxation and investment of damages, and sourcing appropriate reliable experts in a foreign country.

The claim was due to be heard at Trial in early 2024, however Tollers Solicitors and counsel successfully settled the matter at a Joint Settlement meeting (JSM) in late 2023 for £10million, translating into an award of around $12.5million based on current exchange rates. The settlement was approved by the court in November 2023 and the case is now subject to reporting restrictions and an anonymity order.

A brain injury is a complex and life-altering event that warrants the expertise of a specialist brain injury solicitor. Tollers in-depth understanding of medical, legal, and emotional aspects related to brain injuries allows the firm to provide comprehensive support, build a strong case, and secure the appropriate compensation. By engaging a specialist, individuals and their families can have confidence in the legal process and focus on the necessary steps towards recovery and rebuilding their lives.

If you think you might have a case or you want to find out more about the services Tollers Personal Injury team provide… Talk to Tollers on 01604 258558. Our highly experienced PI specialists are on hand to answer any questions you might have and possibly advise and guide you through the process of making a claim.

State benefits can have an impact on compensation, particularly in relation to certain types of compensation, such as personal injury or employment-related compensation. The effect varies depending on the specific circumstances and the type of benefit received. Here are some key points to consider:

1. Means-Tested Benefits: Means-tested benefits, such as income-related benefits, are typically assessed based on an individual’s income and assets. Compensation received may be considered as income and can affect eligibility. If the compensation increases your income or exceeds the threshold set by the benefit scheme, it could potentially reduce or extinguish your entitlement to certain benefits such as Universal Credit, ESA, Housing Benefit and Council Tax Benefit.

2. Non-Means-Tested Benefits: Non-means-tested benefits, such as PIP and other disability benefits or non-contributory benefits, are generally not affected by compensation. These benefits are not means-tested, and their eligibility and amount are based on specific criteria, such as the individual’s disability or health condition.

3. Compensation Protection: In some cases, compensation awards may be structured or protected to the impact on means-tested benefits. For instance, Personal Injury Trusts (PITs) can be set up to hold compensation funds separately from personal assets, which may help safeguard means-tested benefits eligibility. The personal injury team at Tollers can provide guidance on protecting your compensation while retaining benefits entitlement.

4. Compensation Recovery: In certain situations, the government or relevant agencies may seek to recover some state benefits paid out from compensation awards. For example, if you receive compensation for an injury caused by a third party, the government may have a right to recover certain benefits paid out as a result of that injury. This is known as the Compensation Recovery Scheme. However, there are limits to what can be recovered, and specific rules and procedures apply. If loss of earnings is recovered, to avoid double recovery, credit must be given for any benefits replacing that income, such as Universal Credit, ESA and even Industrial Injury Disablement Benefit (IIDB).

The deductible amount from compensation will not exceed the amount claimed for lost income.

Similarly, disability related benefits, such as PIP, can only be deducted from claims for care, assistance and, in some cases, travel expenses.

Talk To Tollers

Given the complexity of the interaction between state benefits and compensation, it is strongly recommended to seek advice from the team at Tollers, who specialise in this area. They can provide personalised guidance based on your circumstances, ensuring you understand the potential impact of state benefits on your compensation and help you navigate any necessary steps to protect your entitlements.

Talk to Tollers on 01604 258558. Our highly experienced personal injury specialists are on hand to advise and guide you. Alternatively, you can make an online enquiry, and we will call you back.

In civil litigation, parties often face uncertainty regarding legal costs, which can deter individuals and businesses from pursuing or defending claims. To address this issue, governments in recent years have implemented fixed costs rules, which provide predetermined and transparent guidelines for the assessment of legal fees. These rules set out the maximum amount that can be recovered as costs in various stages of litigation. However, fixed costs rules are not static, and the government has recently reviewed and extended them to apply to more types of claims.

Recent years have witnessed significant changes to fixed costs rules in civil claims, aimed at streamlining the litigation process, promoting access to justice, and balancing the interests of all parties involved. These changes reflect an ongoing effort to strike a balance between certainty in legal costs and ensuring a fair and efficient system, though many argue that it has reduced access to justice for many people and creating an unlevel playing field between Claimants and the cash rich insurance industry.

One notable change to fixed costs rules is the expansion of their applicability. Traditionally, fixed costs rules applied primarily to lower-value claims, where the costs of litigation were proportionate to the amount in dispute. However, in response to concerns over rising legal expenses and disproportionate costs, the government has extended fixed costs rules to higher-value claims up to £100,000. For the first time, it will also include some clinical negligence claims.

Furthermore, changes to fixed costs rules have also focused on promoting early settlement and alternative dispute resolution mechanisms. In many jurisdictions, parties who unreasonably refuse to engage in settlement negotiations or explore alternative resolution methods may face adverse cost consequences. This approach encourages parties to actively seek early resolution, reducing the burden on courts and minimising costs for all involved. By incentivising settlement and alternative dispute resolution, it aims to foster a more collaborative and cost-effective approach to resolving civil claims.

Additionally, changes to fixed costs rules have recognised the role of technology in streamlining litigation processes and reducing costs. We now have electronic filing systems, online case management platforms, and digital communication tools to expedite proceedings and improve efficiency. The integration of technology has not only simplified administrative tasks but also enhanced accessibility, enabling litigants to participate in the process more effectively, regardless of their geographical location.

In summary, changes to fixed costs rules in civil claims reflect an ongoing desire to achieving a fair and efficient litigation process. By expanding their scope, tailoring them to specific types of claims, encouraging settlement, embracing technology, and promoting access to justice, governments strive, not always successfully, to strike a balance between controlling costs and facilitating meaningful dispute resolution without compromising access to justice. Getting that balance wrong will do nothing to instil confidence in the civil justice system, encourage meritorious claims, or ensure that legal costs remain proportionate and transparent for all parties involved.

Using a specialist brain injury solicitor to pursue a brain injury claim is essential for several important reasons. Brain injuries are complex and can have severe and long-lasting effects on a person’s life. Such cases require a deep understanding of the medical, legal, and emotional aspects involved.

Specialist Brain Injury Solicitors

Brain injury claims are highly specialised areas of law. They involve intricate medical knowledge and require a comprehensive understanding of the specific challenges faced by individuals with brain injuries. A specialist brain injury solicitor possesses the necessary expertise and experience to navigate the complexities of these cases. They are well-versed in the medical terminology, diagnostic procedures, treatment protocols, and long-term implications associated with brain injuries. This specialised knowledge allows them to effectively analyse medical records, consult with medical experts, and build a strong case on behalf of the injured person.

Secondly, brain injury claims often involve substantial compensation due to the significant impact these injuries can have on a person’s life. A specialist brain injury solicitor understands the intricate details of calculating appropriate compensation. They have a thorough understanding of the different types of compensation available, including past and future medical expenses, loss of earnings, rehabilitation costs, and ongoing care needs. By working with a specialist, individuals can ensure that their claim accurately reflects the full extent of their injuries and losses.

Moreover, a brain injury can result in complex legal issues. For instance, establishing liability and causation in brain injury cases can be challenging. A specialist brain injury solicitor possesses the knowledge and experience to investigate the circumstances surrounding the injury thoroughly. They can identify and gather crucial evidence, consult with relevant experts, and build a persuasive case to establish liability. Additionally, they can anticipate and address any legal defences raised by the opposing party, ensuring that the injured person’s rights are protected.

Furthermore, a brain injury can have a profound impact on the injured person’s life and their family’s well-being. It often requires ongoing medical care, rehabilitation, and support services. A specialist brain injury solicitor recognises the unique and long-term needs of individuals with brain injuries. They can provide invaluable guidance and support throughout the legal process, ensuring that the injured person’s physical, emotional, and financial well-being is prioritised. They can connect clients with appropriate healthcare providers, rehabilitation specialists, and support networks to facilitate their recovery and maximise their quality of life.

In addition, a specialist brain injury solicitor understands the importance of sensitivity and empathy when dealing with brain injury claims. They appreciate the emotional toll that such injuries can have on the injured person and their loved ones. They approach these cases with compassion and care, providing personalised support and guidance to help individuals and families navigate the legal process during what can be an incredibly challenging time.

Finally, engaging a specialist brain injury solicitor demonstrates a commitment to securing the best possible outcome in a brain injury claim. Tollers has a proven track record of success in handling similar cases, negotiating with insurance companies, and advocating for fair compensation. Our expertise and reputation can significantly strengthen the injured person’s position, increasing the likelihood of a favourable resolution.

Personal Injury Solicitors

A brain injury is a complex and life-altering event that warrants the expertise of a specialist brain injury solicitor. Our in-depth understanding of medical, legal, and emotional aspects related to brain injuries allows them to provide comprehensive support, build a strong case, and secure the appropriate compensation. By engaging a specialist, individuals and their families can have confidence in the legal process and focus on the necessary steps towards recovery and rebuilding their lives. Talk to Tollers on 01604 258558. Our highly experienced personal injury specialists are on hand to advise and guide you through the process of making a claim. Alternatively, you can make an online enquiry and we will call you back.

The emergence of e-scooters has brought a new form of urban transportation that is convenient, eco-friendly, and efficient. However, their rapid proliferation in the UK has raised concerns about safety, accessibility, and the overall impact on urban infrastructure. To ensure the long-term viability and harmony of e-scooters within towns and cities, we need more comprehensive regulation. Here are some reasons:

1. Safety Concerns:
One of the primary reasons for increased regulation is the pressing safety concerns associated with e-scooter usage. With their increasing popularity, accidents involving e-scooters have become more frequent. Pedestrians, riders, and motorists often face hazards due to reckless riding, inadequate infrastructure, and lack of proper safety equipment. Implementing stricter regulations, including compulsory insurance, can address issues such as speed limits, helmet requirements, mandatory safety training, and better enforcement mechanisms to promote responsible usage and reduce the likelihood of accidents.

2. Traffic Congestion and Pedestrian Safety:
Unregulated e-scooter operations can exacerbate traffic congestion and pose risks to pedestrians. Irresponsible parking and indiscriminate riding can obstruct sidewalks and impede pedestrian movement. Furthermore, the sheer number of e-scooters can overwhelm city streets, leading to increased traffic congestion. By implementing regulations on parking, designated riding areas, and fleet size limits, cities can maintain a balanced transportation system that prioritises pedestrian safety and efficient traffic flow.

3. Environmental Impact:
While e-scooters are often touted as an eco-friendly transportation alternative, their environmental impact is not without drawbacks. The production, maintenance, and eventual disposal of e-scooters can lead to carbon emissions and waste generation. To mitigate these concerns, regulations could be put in place to promote sustainable practices such as the use of recyclable materials, energy-efficient charging infrastructure, and incentives for fleet operators to adopt environmentally friendly practices.

4. Equity and Accessibility:
E-scooters have the potential to provide affordable and convenient transportation options, particularly for short trips. However, the unregulated nature of their deployment can result in accessibility issues, disproportionately affecting marginalised communities. Regulations can address this by ensuring equitable distribution of e-scooters across neighbourhoods, implementing pricing structures that consider affordability, and requiring operators to provide accessible options for individuals with disabilities.

5. Data Privacy and Security:
E-scooters are equipped with advanced tracking and monitoring technologies, which can raise concerns about data privacy and security. If left unregulated, the vast amounts of personal data collected by e-scooter companies can be misused or compromised. Regulatory frameworks can safeguard user data, enforce strict privacy policies, and ensure companies are accountable for their data practices, fostering trust and protecting individuals’ privacy rights.

Conclusion:
E-scooters have the potential to revolutionise urban transportation, but their unregulated proliferation poses significant challenges. Enhanced regulation is necessary to address safety concerns, mitigate environmental impact, promote equitable access, and safeguard data privacy. By implementing comprehensive regulatory frameworks, cities can strike a balance between the convenience of e-scooters and the well-being of their residents, ensuring sustainable and harmonious integration of this emerging form of transportation into urban environments.

If you are reading this, then the chances are that you believe you have a clinical negligence claim.

Prior to assessing your case, Tollers will always ask potential clients to make a formal complaint to the hospital, GP or treating clinician, if they are unhappy with their care or treatment.

Making a complaint can seem like a daunting process, but Tollers are here to guide you through it. Here is a helpful guide to making a complaint. The first port of call is usually PALS (Patient Advice and Liaison Service) or a Practice Manager at  GP surgery.

However, If you are unsure where to send your complaint, then speak to our clinical negligence team, who can point you in the right direction.

1: Place:
2: Date:
3: Details as to what happened and a timeline of events:
4: Your complaint:
5: Questions:
6: Acknowledgement:
7: Conclusion:
8: Copy:
What happens next?

You should receive an acknowledgment from the Trust after sending in your complaint. If you have not heard within 14 days, you should telephone to check that your complaint was received.

With the acknowledgment you will often be given a timescale for their investigation and when you should receive a full response.

It is probably best to put this deadline in your diary or calendar as Trusts more often than not do not stick to their own timescales. Chase them up as soon as the date passes.  They may ask for an extension which is usually given.  Remember, to investigate properly they will need to speak to quite a number of staff and doctors before putting their response together.

During this time, the Clinical Negligence team at Tollers will remain in contact. We usually telephone or email you every four weeks to see if you have received any correspondence from the Trust.

How will the complaint be investigated?

The complaints department will often review your medical records, meet with your treating staff and respond to the questions you have raised within your complaint.

Once you have the formal written response, you should send this to the Clinical Negligence team at Tollers. They can review this to see if they are able to pursue the matter for you. If we are unable to assist, we will write to you with our advice and explain why.

As part of your complaint response, you may be offered a meeting with the complaints department and treating clinicians. You do not have to attend this and can ask for a formal written response instead. If you do attend the meeting, you should take somebody with you (such as a family member or friend) and ask to be provided with a copy of the meeting minutes.

If you are unhappy with your complaint response:

If you do not feel as though the complaint response addresses the questions you raised, you can normally revert back to the complaints department for a second time and outline the concerns that you still have. They can investigate the matter again and provide you with further clarity.

If you are still unhappy with your response, you may be able to take the complaint to the Parliamentary Health Service Ombudsman.

The impact of making a complaint and bringing a legal claim:

Tollers will always ask you to make a complaint before we take the case on for a number of reasons. The first is that your complaint helps us to identify the main issues you are unhappy with. The complaint response may also lead to admissions of failings within your care.

For your Clinical Negligence claim to succeed, a patient must prove two legal tests: breach of duty and causation.

Breach of duty means that a patient has to show that their care fell below an acceptable standard, which would not be supported by a responsible body of practitioners. If the Trust in their complaint response makes any admissions, this helps the Tollers clinical negligence team assess the prospects of success of your claim.

What happens next?:

After reviewing the complaint response, our clinical negligence team will know if they are able to assist. If we can take the case on for you, we will take the case on a No-Win, No-Fee basis with insurance in place to protect you from having to pay any costs at the end of the claim.

If you believe that you have a clinical negligence claim… Talk to Tollers clinical negligence team who is on hand to guide you through the process.

Types of Clinical Negligence claims Tollers can assist with…

Concussion in Sport is under the spotlight again following the release of The Digital, Culture, Media and Sport Committees report which considers the link between sport and long-term brain injury. Their report found that urgent action is needed by the government and sporting bodies.

In January of this year, the team at Tollers highlighted in their article Do contact sports cause brain damage?, that many people do not consider concussion to be a traumatic brain injury, but it is.

Five of England’s 1966 world cup winning squad have been diagnosed with dementia, along with a number of ex-rugby players pursuing personal injury claims for brain damage. Whilst the Concussion in Sport report does not conclude for certain that there is a link between dementia and sporting activity, there is evidence to suggest that concussion and head injury are not taken seriously enough in sport. This can then lead to neurological problems later on in life.

There is concern from the elite playing levels down to the amateur games that concussion and head injury in sport is not dealt with effectively or safely.  Those playing grassroots sports are without medical teams to advise them to come off the pitch after a head injury. Such games are often organised without structure and the decision as to whether to play on is often down to the individual. Many players deem themselves fit to play on, but risk second impact syndrome. This is when the brain has not had enough time to recover from an initial concussion and then sustains another blow to the head – which can lead to permanent damage and whilst rare, can be fatal.

The Committee recommends that knowledge and awareness of concussion should be made more readily available so that those injured can seek the required treatment. They believe that the responsibility for taking concussion seriously starts at the professional and elite levels, who should lead by example.

Since the publication of the report, the Premier League and the FA have announced the introduction of heading guidance, which will apply from amateur games up to professionals. The guidance recommends limiting the number of times heading practice takes place but also recommends that players should be responsible for monitoring their own heading activity. It remains to be seen as to whether amateur players will understand the significance of a blow to the head and highlights how far down this knowledge must reach.

The signs of a concussion injury are not always immediately apparent and can appear either immediately or in the days following the injury. The NHS website lists the symptoms to look out for and if in any doubt, medical advice should always be sought – NHS advice on Concussion.

If you are concerned about yourself or a member of your family following a concussion/brain injury…Talk to Tollers on 01604 258558, our highly experienced Brain Injury specialists are on hand to advice and guide you through the process of making a claim.

To review The Digital, Culture, Media and Sport Committees latest report click here: Concussion in Sport Report.

 

The 2nd – 6th August 2021 is Injury Prevention Week, an awareness week hosted by APIL (Association of Personal Injury lawyers).

This year, the theme is taking care of others and using common sense to prevent injuries. Worryingly, a YouGov survey commissioned by APIL found that the majority of people do not think about the safety of others.

Tollers are supporting Injury Prevention Week, by encouraging workplaces, employees and members of the public to take care of one another.

Did you know that your employer has an obligation to keep you safe at work? 

Employers should have robust risk assessments in place, advise you about the risks of your work and provide you with the relevant PPE or equipment to keep you safe.  Your employer must also offer training to help you complete your job safely alongside your colleagues.

Did you also know that you also have a duty to keep yourself safe at work? 

This includes taking care of your own safety and completing the job in a way that you have been trained.  If you are worried about your safety, you should stop what you are doing immediately and report it to your manager.

We can also play our own part in keeping each other safe.  Reporting defective pavements and potholes to the local council means that you could have prevented somebody from tripping.  Many councils use ‘Street Doctor’ so that hazards can be quickly and easily reported.

Injuries are preventable and each year hundreds of people are injured through no fault of their own. Injuries can be life-changing and can impact your day-to-day life, your family and your job. By taking care of others and using our common sense, we can help ‘prevent’ rather than ‘cure’ injuries.

If you have been injured through no fault of your own… Talk to Tollers on 01604 258558, our experienced Personal Injury team is on hand to guide you through bringing a claim and will help you with each step of the process.

There is increasing evidence that contact sports cause brain damage, though the signs are often not immediate or obvious.

In recent weeks we have had two high profile events in the UK highlighting the deficiencies in protections and protocols for sportsmen and women. The terrible consequences now coming to light in retired rugby and football players with the diagnosis of early onset dementia and probable CTE (Chronic Traumatic Encephalopathy) which is a disease that develops following multiple blows or hits to the head which causes a breakdown of brain cells. This results in progressive loss of memory and other brain skills.

Although rugby has had head injury protocols in place for a number of years football has not. This raises the question is it now time for the FA to take the bull by the horns and learn from other sports before it is too late and we suffer a fatality after a game or worse, on the field of play?

In the game between Arsenal and Wolves the other week, David Luiz suffered a serious blow to the head. The severity of the clash was obvious with the injury to Raul Jiminez sufficient to cause him to be rushed to hospital for surgery to a fractured skull.  Yet Luiz who himself had 7 stitches, was allowed not only to return to the pitch but continue to play until he said he could not head the ball!

Recently 8 rugby players have come forward having been diagnosed by neurologists at King’s College, London, with early onset dementia and probable CTE. They have taken the first steps to sue their professional body for compensation.  Steve Thompson who won the World cup in 2003 is only 42 and faces the prospect of being in a care home by the time he’s 50.  Tragically he can’t remember anything about any of the games or being there at England’s triumphant 2003 World Cup in Australia.

Generally people do not associate concussion as a traumatic brain injury, but it is.  It might seem to be short lived but the real hidden danger is the phenomenon of secondary concussion (Second Impact Syndrome).  For example, a player gets hit on the head and ‘sees stars’ for a few seconds but says he’s fine and goes back to the game.  On its own that initial head injury may well be minor and a full recovery made in time but by going back onto the field of play immediately before he has recovered, even a very minor second blow or collision can cause catastrophic injury to the already injured brain.  Those who don’t die are almost always seriously disabled.

What is troubling is that whilst the link with early onset dementia and CTE is gathering pace, the issue is not a new one.  Boxing is an obvious example at one end of the scale with Muhammed Ali famously suffering brain damage through the repeated impacts in fights.

However contact sports, and football in particular seem reluctant to act and put in place even the most basic protections and protocols.

Calls are growing for the FA and PFA to act now before professionals follow their rugby counterparts into the world of litigation.  It is argued that these changes must start at grass roots level and at the children’s game.

It shouldn’t have to wait until someone decides to litigate before change is implemented but if you are concerned about yourself or a member of your family…Talk to Tollers on 01604 258558, our highly experienced Personal Injury specialists are on hand to advice and guide you through the process of making a claim.

https://www.tollers.co.uk/personal-injury-solicitors/serious-injury-claims/brain-injury-solicitors/

 

 

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