Nimish Patel
Senior Associate Solicitor/Team Manager
Background
I am a grade A personal injury solicitor specialising in industrial disease and clinical negligence. I am now a head of hand arm vibration syndrome claims and clinical negligence claims as well as a qualified mediator. I lecture for BPP law school around the country on various professional skills courses involving personal injury. I am responsible for maintaining that the clinical negligence and industrial disease courses are kept up to date.
I have extensive experience dealing with all aspects of occupational disease claims including primary and secondary exposure to asbestos, mesothelioma, chronic obstructive pulmonary disease, work related upper limb disorders, hand arm vibration syndrome, vibration related carpal tunnel syndrome, occupational asthma and deafness cases.
Whilst working on the British Coal Respiratory Disease scheme, I shared a platform with Andy Burnham MP and have been interviewed on BBC News. I have been successful in the court of appeal on a procedural point and I have been involved in two multi-million pound settlements.
I have also qualified as a mediator and conducted two successful mediations.
Since 2009, I have been establishing a clinical negligence caseload including delayed diagnosis, informed consent and failure to treat cases across a spectrum of fields from an allergy to iodine to consent issues and prescription errors to a failure to refer for a CT scan following a fall which led to a left sided paralysis.
Education
- Manchester Grammar School (1986 - 1993)
- Law Degree (LLB Honours) from Cardiff University (1993-1996)
- Legal Practice Course at College of Law, York (1996-1997)
- Civil Mediation Council Course at University of Central Lancashire (October 2017)
Motivation
I enjoy helping clients to achieve recognition that their injury or condition has been caused because their employer or medical professional has not undertaken their duty to assess risks and taken the necessary action to protect them from harm.
I also enjoy sharing my knowledge and experience to assist my colleagues.
I chose to be a solicitor in memory of my grandmother who wanted me to help other people.
Often the claimant has been hurt as a result of someone failing to recognise a danger or trying to ignore danger in order to do something quicker or cheaper so I want to make sure that this has been acknowledged and hopefully avoided in the future.
Key cases
- I successfully won the Court of Appeal case of Aktas v Adepta (2010) which established a legal principle in relation to issuing a second claim not being an abuse of process, which led to a settlement of a claim on behalf a client who had tripped on a paving stone five years previously
- I have recently been involved in a multi claimant action across occupational asthma, hand arm vibration syndrome and noise-induced hearing loss arising from an aluminium smelter in Ashington which had breached a number of regulations and where the claimants worked in extreme conditions. The claims were brought over a period of four years after I had recognised that we had a group of workers from the same employment. I was the main coordinator of the team on behalf of over 50 claimants within four days of negotiation which resulted in damages of nearly £1m.
- I was able to organise a group litigation relating to a housing estate in Feltham involving over 60 litigants, which took three years before it settled for just over £1m following mediation. The claims started due to allegations of carbon monoxide poisoning which were investigated and led to allegations that mould was causing dangerous respiratory conditions in adults and children.
- I settled a claim on behalf of a claimant who was not referred for a CT scan following a fall as they thought he was intoxicated. Due to their delay, he suffered left sided paralysis and required care and assistance for the rest of his life. The claimant’s wife was on the verge of leaving him and so respite care was required for her as well and we settled for £322,000.
- I settled an occupational stress claim where the claimant had been bullied at work and had to be given electro shock therapy treatment due to the severity of the treatment. She lost her job and her confidence to work - her claim was worth over £250,000.
- I settled a claim on behalf of a claimant who wanted to train as a pilot but found out from blood tests that he had kidney issues. His GP should have referred him at this stage but instead he got worse over the subsequent two years resulting in him requiring dialysis and a kidney transplant. After I had a detailed discussion with the consultant nephrologist it was established that he could have avoided the dialysis if he had been referred earlier, so his case was settled for £120,000.
- I won an occupational asthma trial where my claimant was a car paint sprayer and was exposed to isocyanates as sometimes they would prepare the cars outside the booths the night before. As a result, he was no longer able to work in garages and had to retrain but the defendants denied liability until the cross examination. He was awarded £78,000 in damages.
- I have settled a hand arm vibration syndrome claim where the claimant had vascular and neurological damage so he had to give up a job that he really enjoyed to do an office job. The defendants maintained that the claimant chose to stop using the tools but eventually we settled the claim for £55,000.
- I settled a work-related upper limb disorder claim where the claimant had a back injury as a result of his employment, where he would lift concrete slabs on a regular basis. It settled for £30,000.
- I settled a claim on behalf of a widow whose husband used to polish furniture on ships in the 1950s. When he went on the ships, he would be near to the men who would wrap asbestos around the pipes. He developed asbestosis forty years later and subsequently passed away. The estate was awarded £30,000.
- I won a vibration related carpal tunnel syndrome trial where the diagnosis was denied by the defendants on the basis that they believed the condition was constitutional rather than work-related because the defendant expert believed he had clinical experience similar to the claimant.
- I have a settled a claim where the governor of a prison alleged that his asthma was made worse by the inhalation of the smoking from prisoners as he walked past them. This is the first recorded settlement of its nature and the government only settled for a previous offer the day before trial.
Read what our clients have said about working with Nimish:
Very knowledgeable
Trustpilot (November 2023)We recently had Nimish Patel accompany us to my daughter's inquest. Right from his initial involvement, Nimish was extremely empathetic and was very knowledgeable. He was able to advise us effectively and prepare us both for what we would likely to be faced with. Having Nimish with us during the inquest was extremely reassuring and it really felt that my daughter was well represented. I know that she (like us) would of also been happy with the result that Nimish had pushed for. He asked extremely effective questions and was able to get answers to our questions. It felt like we most definitely had someone on our side and we are most grateful for the time and effort that was involved. We were 100% happy with all the involvement that Nimish had throughout.Christopher LoveridgeExcellent service
Trustpilot (September 2023)Excellent service, was kept updated throughout. Especially Nimish who was always there when I needed him, very professional and compassionate. Would highly recommend this company.Gail BarnesNHS Claim
Trustpilot (July 2023)I instructed Nimish Patel to act for me on a NHS negligent claim. I found him very helpful and most understanding. He kept me informed of progress throughout. Very caring and passionate in his work. I could not have wished for anyone better in dealing with my claim. I can highly recommend him.Colin Randall
