Nimish Patel

Solicitor/Team Manager

Personal details

Full Name:
Nimish Patel
Job Title:
Solicitor/Team Manager
Department:
Medical Negligence
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)
Additional qualifications:
Diploma in Personal Injury Law, BPP Law School Lecturer

Specialities

  • Medical Negligence
  • Industrial Disease
  • Hand Arm Vibration Syndrome Claims
  • Occupational Dermatitis Claims
  • Occupational Asthma Claims
  • Work Related Upper Limb Disorder Claims
  • Noise Induced Hearing Loss Claims
  • Occupational Stress Claims
  • Employer's Liability/ Public Liability Claims
  • Asbestos Related Conditions Claims
  • Tattoo Negligence Claims

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.

Motivation

What aspects of your job do you enjoy the most?

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.

Why did you choose a career in the legal sector?

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.

Awards

  • Nominated for Manchester Law Award in 2013
  • Nominated as the National Union of Mineworkers representative in relation to Lancashire claims for the British Coal Respiratory Disease Litigation so attended the National Steering Group Committee meetings which established working protocols
  • Awarded the position of partner at Delta Legal (2007-2014)
  • Associate and Associate Director at Roberts Jackson (2016 and 2017)

Accreditations

  • Association of Personal Injury Lawyers member, then litigator (2005-2011)
  • Association of Personal Injury Lawyers senior litigator (2011-2014)
  • Civil Mediation Council mediator

Personal interests

  • Keen follower of football (Manchester United and FC United), rugby (Sale Sharks) and cricket
  • Coach of Under 13s Bowdon cricket and Under 12s Bowdon rugby team
  • Have completed Manchester 10k three times for charity and was part of a triathlon team
  • Playing football, tennis and squash
  • Enjoy live music, mostly 90’s to modern Manchester music
  • Played a pivotal role in Delta Legal becoming a sponsor of FC United for ten years

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 other clients have said about working with Nimish:

  • Thank-you so much for all your hard work on this case

    Thank-you so much for all your hard work on this case. My children have walked a long mile to find someone like you. Anonymous
  • Thank-you to you and the team

    Much appreciated, would like to say thank-you to you and the team for all that you have done as it will make a big difference. I wish you all well for the future. Anonymous
  • Thank you for settling my claim

    Just wanted to say thank you for settling my claim. It’s been a long four years, but there has been great communication, advice and support every step of the way from Nimish and his team. I would recommend AWH to those who would need advice/your services. Anonymous

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