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News

Settlement following a factory accident

 A student has been awarded a £2.4m settlement of compensation after a factory accident when a forklift truck fell on top of him leaving him paraplegic. Greg Arde suffered multiple injuries including a crushed spine and head when the fork lift truck he was driving toppled over in April 1995 at stationery company Duel Ltd, based in Cwmbran, south east Wales. Mr Arde was trapped under the one-and-a-half ton vehicle for approximately 20 minutes; his back was broken severely in three places.

As a result of his injuries, the 28 year old man who had shortly prior to the accident taken a year out from his accountancy studies to work at the plant, now has impaired speech and is paralyzed from the waist down requiring 24 hour supervision from a team of six care workers. His case went to trial back in 1998 when 90% liability was established. The court hearing agreed that damages were to be assessed in March 2002 but the case was settled out of court much earlier. “I’m happy with the settlement and just want to get on with my life now,” Mr Arde said. “I cannot remember much about the accident just that the forklift truck overturned. I woke up on the way to hospital then fell unconscious again and didn’t come round for over four weeks”

A friend said that the money would pay for round the clock care and a new home for Mr Arde who currently lives in Croesyceiliog near Cwmbran. “As far as I am aware this is one of the largest ever settlements for an adult in south Wales.”Greg is a remarkable individual who has learned to cope with catastrophic injuries. The compensation will help him put the accident behind him and reconstruct his life.” “He used to be a keen rugby player and he still goes to watch sports matches. He was a very fit young man.”The money is a relief to him that it’s over. It had to be in this region for him to be able to pay for his care regime that gives him his quality of life.”

Compensation given after shopping-centre slip

Gweneth Bowler has been awarded a ‘significant compensation settlement’ following a slip at the Highcross shopping centre in Leicester this year. Mrs. Bowler was about to cross a bridge from the shopping centre’s car park to the centre when she slipped on the wet surface and fell to the floor.

She was taken to a nearby hospital and was told she had fractured her shoulder and hip. Mrs. Bowler, who is 63, has since made a retail injury claim against the owners of the shopping centre, Hammerson Plc as the injuries sustained have affected her daily life quite severely.

As a result of the accident, a health and safety inspection has since been conducted by Hammerson Plc. The shopping centre is now fitted with mats in door entrances, and has made numerous other safety improvements.

A local paper reports that during a two month period last winter before the improvements were made, 11 people slipped at the shopping centre. 5 of these cases caused injuries serious enough to require hospital treatment.

Boy wins compensation from Halfords

Halfords has paid £12,500 to a boy who had his spleen removed after he crashed into a tree when the brakes on his Apollo bike failed. The crash happened six years ago. The bike was bought in a box, assembled at home and later serviced by Halfords. The company does not admit liability.

According to IC Wales, Berwyn Pearce, of Pontypridd, was aged 11 when he lost control of the bike. Pearce, now 18, suffered two broken ribs and a ruptured spleen.

Halfords, which sold and serviced Pearce’s Apollo Guru bike, has now agreed to pay him £12,500 in compensation. The company has not accepted liability for the accident.

Pearce said: “The bike was a present from my mum and dad. It came in a box and my dad put it together but before the crash we took it down to Halfords to get it serviced. I’d taken it out three times before the brakes failed.

“The steering went as well and that’s when I hit the tree.”

Pearce’s lawyer, Clare Griffiths of Russell Jones and Walker in Cardiff, said:

“When you take something to be serviced you expect someone to do a good job. It’s particularly important with cars and bikes because, as this case show, you can be seriously injured.”

Former police officer seeks compensation after road traffic accident

Former police officer Jocelyn Lyons, originally from Northern Ireland, had been a probationary constable for Kent Police when she was left seriously traumatised after being involved in a road traffic accident in 2002.

She was travelling in a squad car with other officers who were on their way to another car accident when they themselves collided with another vehicle.

Miss Lyons was briefly knocked unconscious and thought she was trapped in the vehicle. Eventually she was pulled free but has suffered post traumatic stress disorder ever since the accident.
The former police officer also injured her shoulder, neck and back and had to be medically retired from the police in 2009.

However, Miss Lyons claims it is the mental effects of the crash which have taken the worst toll, as she now feels suicidal and a shadow of her former self.
“My life has been ruined by this accident. I was really enjoying being a police officer and I really felt I was part of a team. Now I have nowhere to go and nothing to look forward to,” she commented.

Miss Lyons is now looking to get £500,000 in personal injury compensation from Kent Police, although the force is contesting the amount sought as during pursuits and emergency calls, police officers can break some traffic laws if they have to. However, they can be prosecuted if they make a mistake, since they are under a legal obligation to drive carefully.
 

Compensation for injury at work

Steve Horley was rewarded £3677 for his accident at work, the accident happened at work where he was employed as a pattern maker’s assistant. Earlier in the day, some metal moldings had been placed irresponsibly in the way of where he was working.

 Steve had recognized the risk early on and advised for the moldings to be removed several times, as he reluctantly continued working his request for the moldings to be removed were not taken seriously and in a result of the moldings not being removed Steve clipped the molding which fell and landed on his leg causing a serious injury.

 Steve was unable to return back to work for several months as the accident had left him with a broken leg. He was restricted to his day to day duties and suffered a lot of pain. Steve was unaware he could claim for an accident which occurred at work so he was surprised when he was approached by Legal Services.

 Within 2 Months Steve was rewarded for his injuries and was greatly thankful for what the Legal Services had done for him.

Warwickshire boy wins medical negligence compensation case

One Warwickshire boy has recently achieved a £900,000 personal injury compensation award for the amputation of his left leg due to an instance of medical negligence, according to legal experts.

Bedworth native Leo Ison, six years of age, had been only three weeks old when medical staff informed his parents that Leo’s left leg from below the knee needed to be surgically removed.    Ian and Fiona Ison were incensed at the negligence of staff at the Glenfield Hospital in Leicester, claiming that little Leo could have only lost his toes if a blood clot had been spotted earlier by the hospital’s medical professionals. These claims lead to a massive £900,000 compensation payout for the family from the NHS Trust for Leicester University Hospitals.

One trust spokesperson commented on the results of the case, stating that they were pleased to have been able to arrange terms with the family that had met with court approval.  The spokesperson also offered best wishes to both Leo and his mother and father in the future.

In the wake of the court decision, Leo’s family released a statement remarking that they can now go in search of a new, more accessible home for Leo where he can have the provision of his own wet room and no longer need to worry about navigating stairs.  Both Leo’s mother and father also said that a portion of the compensation award can now be used to pay for a needed operation for their son from a private health provider, eliminating the need to have the boy wait for the NHS to authorise the sorely needed surgical procedure.

Compensation for a tragic death

The Webster family have been paid compensation after their teenage son was killed in a car crash. Neil Webster, of Spruce Drive, Bicester, was a passenger in Ryan Naylor’s Citroen Saxo when it crashed head-on with a BMW in Ardley on the 12th October 2010.

The 19-year-old suffered fatal injuries and was pronounced dead at the scene. Naylor, 21, of Ardley Road, Fewcott, was jailed for 32 months at Oxford Crown Court after admitting causing death by dangerous driving.

The amount of the compensation claim has not been released. Neil’s dad Jeff, an Oxfordshire fire-fighter, said: “Neil was a popular boy who lived life to the full. He was our world. We never expected to lose him in such a way and claiming compensation was the last thing on our mind.”

With the help of legal services the Webster family was able to donate the compensation for the Neil Webster Memorial Fund, which was set up at his funeral; this was also used to pay for the event and for a bench overlooking the skate park which he spent most days.

Compensation for injured spectators

On January 9th, an illegal late-night drag race was held in the Baglan Energy Park in Port Talbort. Three spectators were injured when one of the vehicles span out of control. One of the spectators suffered face and leg injuries and will be permanently scarred, a second broke his leg in two places and a third suffered leg and back injuries.

24-year-old Jia Guo from Swansea was the driver of the BMW M3 (worth £28,000) which swerved out of control and into the spectators.

The BMW veered to the left soon after the start, hit a kerb and struck spectators Sian Pimm, Hugh Bevan and Marcus Bounds. Miss. Pimm suffered facial and leg injuries and as a result, will now have to live with the scars for the rest of her life. Mr. Bounds suffered a double fracture to the right leg while Mr. Bevan suffered leg and back injuries.

Swansea Crown Court heard that Guo’s family, from China, had “substantial dealings” and could meet any compensation orders made by the court.

Judge Peter Heywood said he was minded to make “significant and substantial” compensation orders in respect of those injured.

He said “Because both drivers had been insured, the law required me to leave the matter to be determined in the civil courts, despite the time that would take,” and that “the injured spectators should know that if I had the power I would have made orders in their favour.”

The driver of the BMW was eventually given a 32-week suspended jail sentence, banned from driving for 18 months and ordered to do 22 hours of community service and pay £1,200 costs after he admitted dangerous driving.

The driver of the other vehicle involved (an American Pontiac) Michael Palumbo, 37, admitted careless driving and was told to pay £605 in fines and costs. He had previously been cleared during a trial of a charge of dangerous driving.

Bullied boy wins compensation from academy

A schoolboy has been awarded a four-figure compensation pay-out after being targeted by a classroom bully.

The pay-out is believed to be one of the first of its kind and is the result of an incident at Maltby Comprehensive School last October, in which Jed Winfindale (thirteen) was hit over the head several times by another pupil who was wielding a wooden drawing board.

Solicitors took up the case and won a settlement for breach of statutory duty and negligence against Rotherham Borough Council who eventually admitted liability.

Ms. Flynn said: “Of course we all expect that the school should be a safe place for our children, and in the main it is, but sometimes things do go wrong and we must not forget that any school owes a duty of care to our children and should not expose them to unnecessary risk of injury.”

A spokesman for Maltby Academy said: “Following this particular incident the Academy did everything possible to support the young person involved and his family. He continues to study at Maltby Academy and is making good progress in all areas of learning.”       

Jed, who lives in Maltby with his parents and three brothers, is still a pupil at the academy where he is said to be making good progress.

Father claims for compensation after daughter has legs amputated

Miki Lin Gao was only ten months old when she was admitted to the Peterborough District Hospital, after suffering from septicaemic shock, coagulopathy (a bleeding disorder) and multi organ failure, her condition was so serious that both of her legs had to be amputated.

The girl’s father is putting in a claim for medical negligence compensation on his daughter’s behalf as he felt that she was not given adequate care the first time she was admitted to hospital.

A High Court writ issued by the complainant states that the girl was initially taken to A&E department of the Peterborough District Hospital, suffering with a skin infection but the hospital refused to admit the child and Mr. Lin was told to take her home and treat her with paracetamol.

However the girl’s condition had worsened overnight, so her father took her to hospital again, but was again told to go home. It was only on the third attempt that Miss Lin Gao was eventually admitted and diagnosed with septicaemia and multi-organ failure which led directly to the amputations.
The writ states that had Miki been admitted earlier her skin condition could have been treated and it is likely she would have made a full recovery.

A spokesperson for the trust confirmed that legal action had been taken by the girls’ family but as litigation was ongoing felt it would be inappropriate to comment further.

Boots UK Ltd. sued after rolling pin hit child on the head

Claire Burns, 32, of Auchterderran Road, Lochgelly, in Fife, is seeking £100,000 in compensation from Boots after their 20-month-old daughter Alyssa, was injured when a rolling pin fell from one of their shop windows, hitting her on the head. Mrs. Burns is also suing Boots for the emotional damage she suffered from witnessing the incident.

Alyssa’s grandparents, Henry, 67, and Margaret Howieson, 63, who were also shopping with Mrs. Burns at the time are also suing Boots UK Ltd for £20,000 each for various mental health symptoms following the incident.

Dundee Sherriff Court fined the firm in question £6,500 due to a breach in health and safety regulations. In the civil action, Boots had admitted fault for the injury to the child, however there are disputing the claims for the mother and the grandparents, stating that the claims cannot be proven. Boots stated that the mother and the grandparents were “secondary victims” and that emotional reactions suffered cannot constitute a claim for damages.

Lawyers for Boots wanted to have the case changed from a simplified due to the “the likely need for detailed pleadings” and a likelihood that one of more of the claims would be dismissed at a procedural stage. Lord Stewart, the judge presiding over the case, said his decision was substantially based on a statement from counsel acting for the family that their case would be adjusted to include claims of a recognised psychiatric injury on the part of the mother and grandfather.

The judge was told expert reports have been obtained for them and on that basis the pleadings would be altered to maintain that each suffered post traumatic stress disorder.

Health worker wins compensation

Douglas Phillips from Brecon, Powys has been awarded £390,000 compensation for a road traffic accident he was involved in, in 1999, which left him with multiple injuries.

Following his injury, Mr Phillips contacted his trade union, UNISON who then instructed personal injury lawyers, to deal with his compensation claim on a cost-free basis to him.

The accident happened when Mr Phillips, who was employed as a nursing assistant and also a part-time school coach driver, was driving home after a nightshift at Llandrindod Hospital. As he was driving along, his vehicle was hit by a trailer, which had become detached from the lorry pulling it, owned by McNiff Engineering.

The roof of Mr Phillips’ car had to be removed by the Fire Service to allow him to be freed and he suffered from horrific injuries including crushed lungs, head injuries, internal injuries and a serious foot injury which required surgery and intensive care. He also suffered from psychological trauma due to the accident and injuries he sustained.

Mr Phillips has never been able to return to his job as a nursing assistant, which he had done for 24 years and enjoyed. He continues to suffer disability as a result of his accident.

When the legal proceedings were issued, an out-of-court settlement was agreed to compensate Mr Phillips for his injury, future medical care, domestic care together with his loss of wages and pension.

Girl receives compensation for injuries caused at her local hair salon

A 15-year-old school girl who sustained burns and blisters when having her hair dyed at a local hairdresser salon has received a compensation payout for her injuries.

The salon carried out a patch test with hair dye a few days before the accident but they failed to carry out any testing with the bleach used. Unfortunately, when bleach was put onto her hair in the salon, the girl’s scalp became burnt and blistered. Whilst in the salon, the girl complained of a burning sensation when the bleach was on her hair but the salon did not take any steps to wash it off. Instead, they sent the girl home and told her not to wash it off. The girl went home to show her mother at which point her mother realised the extent of the problem caused and took her to seek immediate medical attention.

Unfortunately the girl was left with burns and blisters to her scalp and partial hair loss. The rest of her hair was fragile and dry. Due to the salon’s failure to act appropriately before covering her hair with the solution, they failed to assess the health and safety risks and have not operated a safe system even when complaints were made. Consequently, the salon admitted to being liable for the injuries before Court proceedings were issued. Medical evidence was obtained from a Trichologist to assess the condition and they offered compensation.

Employer liability pay-out

Mr. Mellor was involved in a terrible accident at work whilst working on a fuse board. Mr. Mellor was wearing the correct protection whilst dealing with the fuse board but unfortunately the circuit breaker slipped and caught two bare bars that should be covered with caps and a loud explosion was made.

Initially he carried on working but awoke during the night, unable to see. He was taken to hospital where his injury was diagnosed as corneal abrasion to both eyes. This condition is intensely painful and although the injury proved not to be permanent, Mr. Mellor suffered pain and discomfort for several weeks. His eyes were intermittently blurry and watered extensively, and he had to take painkillers for several weeks until the injury began to heal.

Mr. Mellor took the help of legal services and was rewarded for his losses. The case was referred to court and Mr. Mellor received £1,857 for personal injury and £1,500 for his medical treatment and loss of earnings.

After receiving his settlement cheque for this, Mr. Mellor wrote: “I am writing to you to thank you for your help with regard to my recent claim. I was very happy with the service I received and will definitely recommend you to other people.”

Hertfordshire boy wins medical negligence case

Twelve year old Robbie Crane, from Hemel Hempstead, was born with a serious heart condition and as a result had to undergo surgery throughout his life. The most recent operation took place at Harefield Hospital.
The operation itself was successful, but the issue arose from the poor quality of after-care provided to Robbie. His brain was starved of oxygen during post-op treatment and now suffers from cerebral palsy and requires around the clock care.

His parents Catherine and Barrie made a claim for medical negligence compensation on their son’s behalf and were awarded an out-of-court settlement of approximately £5million, which was approved by London’s High Court.
The Royal Brompton and Harefield NHS Trust never admitted that they were responsible for the child’s serious injuries; however they did acknowledge that “serious issues” had been raised in relation to Robbie’s treatment at the hospital.

The money awarded to Robbie’s parents will pay for accommodation, specialised equipment and the care and support Robbie will require for the rest of his life.

Family receives £52,000 for near death of daughter

A family who were only offered a free meal and bottle of wine after their daughter received a near-fatal electric shock in a hotel shower have finally won their four-year battle for proper compensation.
Alexandra Miles was 11 when she suffered the 240-volt shock, which caused severe trauma to her heart and left her partially paralysed.

 The family have now been awarded £52,000 after their holiday in the four-star Kenyan resort, which was blighted by power cuts, water and food shortages and bouts of food poisoning even before Alexandra’s accident on Christmas Day 2005.

 The hotel’s courtesy bus took her to a local hospital that was so filthy and ill-equipped that staff had to use the stopwatch on her mother’s mobile phone to check her pulse. To add insult to injury, staff at the Kilifi Bay Resort demanded payment for the supposedly free compensatory meal when the family checked out after their two-week break.

Alexandra’s mother Joanna, from Maidstone, Kent, said: ‘We were terrified we were going to lose our only child. It was just appalling’.

Taxi passenger pay out

Katie Rose was involved in a brutal accident when she called a taxi after a night out. Katie had called the local taxi services to collect her from a friend’s house. Katie and her friend’s had been drinking during the day and was at an audible volume when entering the taxi.

When the taxi driver had arrived at the destination, Katie and her friends were in the process of getting into the vehicle when the driver decided that he was not prepared to allow the two men in his vehicle because he could see that they had been drinking.

Katie already had her right part of her body inside the vehicle when the driver pulled off from the curb, causing her to fall backwards and hit both her head and her knee. The client was unable to complete her day to day duties as a result of the accident.

Katie contacted Legal Services who helped her fight the battle in court after 3 months the case was settled as Public Liability and Katie was rewarded £4000 for her injuries and losses.

 Family receives medical negligence compensation

The family of an asthma attack victim who died while receiving treatment at Frimley Park Hospital has been awarded medical negligence compensation.

Alexandra Tidd, 44, was admitted to the hospital in 2006 but after receiving “inadequate” treatment, she suffered a cardiac arrest which led to her lapsing into a coma.

Her husband Michael Tidd said that she was a “wonderful women” and was missed “every day”.

He added: “No amount of money can ever replace my wife and the mother of our three sons or the emotional damage Frimley Park Hospital has caused to our lives.”

The injury lawyers who represented the family said the clinicians looking after Mrs. Tidd did not take into account the severity of the situation until it was too late.

She added that the procedures carried out by hospital staff did not help the patient and wasted time as her condition deteriorated.

The hospital also failed to relay her true condition to her husband, or the seriousness of the situation.

Mr. Tidd was shocked to learn she was in a coma, and further tests showed she could not be saved and subsequently her life support machine was switched off.

After paying out a six-figure compensation sum, the Frimley Park Hospital NHS Foundation Trust said it was “deeply sorry” at the events and that all of their staff were committed to learning from their short-comings.

Increased compensation for egg-donors

A decision has been made by the UK’s Fertility Watchdog to triple the amount of money given to egg-donors who, at the moment, have their expenses paid and up to £250 to cover lost earnings. The Human Fertilisation and Embryology Authority has now decided to pay out £750 for each donation.

Professionals in the field believe this will encourage more women to donate, but critics warn it may create financial incentives.

Juliet Tizzard, head of policy at the HFEA, said the current rules did not work and “some donors are out of pocket and they do feel undervalued at times”. This is especially considering that many couples seeking donor eggs decide to travel abroad as far as the United States because there are so many more volunteers who are, in turn, paid more for their eggs.

The decision to move to a one-off payment was made at a public meeting of the fertility watchdog on Wednesday. The idea was to balance fairly compensating donors with the risk of encouraging people to donate merely for financial gain.

The head of the HFEA, Prof Lisa Jardine said: “I believe it is fair. I find it very hard to see £750 as an inducement, I see it as fair reflection of the effort, the time and the pain.” However she said the figure was “a very highly educated guess at what will feel to people like compensation.

Egg donation is an invasive process, which involves daily hormone injections, scans every couple of days, and day surgery to recover the eggs.  Side-effects range from mood swings, bloating and pain, to rare but severe over-reactions to the hormones.

The National Gamete Donation Trust, which helps couples seeking egg or sperm donors, welcomed the change. “A balance is being struck between recognising the wonderful gift of donation yet not affecting the purity of donors’ motives. Altruistic motives should remain at the core of donation, and payment should never facilitate coercion,” said Laura Witjens, chairwoman of the NGDT.

However, Dr. David King, Director of Human Genetics Alert, said it will create a financial incentive for women. “Ethically, it’s wrong to make part of the human body a commodity,” he said. “The body should not be part of commerce.” Josephine Quintavalle, of Comment on Reproductive Ethics, said: “Egg harvesting is an invasive and dangerous process and women should not be induced with ever larger sums of money to incur such risks.”

Whiplash compensation from Motor Insurers Bureau

David Moore suffered a serious whiplash injury when he was involved in a car accident in 2009. The third party vehicle involved left the scene without providing any of his details.

For 2 years David suffered with pain to his lower back and neck, he could not lift heavy objects and he was unable to go back to work as a result of the accident. David believed he could not claim as the other party involved had left the scene and he was unable to provide any Legal Services with the correct details.

David finally had enough of his pain and contacted the specialist personal injury solicitors who he explained his dilemma to. They were more than happy to help David and informed him that they can make a claim for him through the Motor Insurers Bureau, all that David had to do was provide them with a medical report.

David’s medical report was studied and the case was settled within 3 months. He was rewarded £1,500 for his injury and losses 

Family receives compensation for professional negligence

The family of a carpet fitter has received a substantial sum in compensation after he died from mesothelioma.

His family said the asbestos-related disease killed him just a few days before his 62nd birthday.

His injury lawyers said that his only contact with asbestos was when he was 16 years old working for a telecoms equipment manufacturer from 1962 to 1964.

He was diagnosed with mesothelioma in April 2008 and he died just five months later.

The father of four and granddad to two first became ill in January 2008. His lawyers stated that he underwent chemotherapy treatment but his condition worsened.

His injury lawyers added that his previous employer was found guilty of professional negligence and forced the employer’s insurers to settle a payment.

The victim’s wife said: “It saddens me that my husband was taken from his family when he had been so fit and well and we had so much to look forward to.”

Compensation awarded to man in broken neck misdiagnosis

A man who walked around with a broken neck for almost five months after a car crash has been awarded compensation from an NHS trust.

Gary Rickard, 43, was driving from Hinckley to Atherstone in June 2007 when his tyre blew out; causing Mr. Rickard to lose control of the vehicle and drive into a tree. He was then cut out of his car and taken to Coventry’s University Hospital, where he was discharged after doctors said he had only sustained whiplash.

It was only after Mr. Rickard returned to work three weeks later that it became apparent that something was very wrong. He went back to hospital a few months later to undergo intensive physiotherapy due to the severe pain in his neck that a CT scan showed that Mr. Rickard was suffering from a broken neck. After this diagnosis, he underwent two operations to repair his neck. This has left him unable to return to work and left him with strange sensations in his hands. He needed two operations to repair the damage, has been unable to return to work and still gets strange sensations in his hands.

Mr Rickard decided to take legal action against the NHS trust responsible for Coventry’s University Hospital and has now received an undisclosed sum in clinical negligence compensation.
He later stated, “What really upsets me is that I’ve still had no apology. I’ll keep fighting for that.”

Mr. Rickard solicitors commented: “It is interesting to note that Mr Rickard found it easier to obtain compensation for the delay in diagnosing his neck fracture than an apology. Whilst this may seem surprising it is not at all uncommon. Clinical negligence solicitors are frequently approached by clients who have gone through the complaints procedure but received neither a full and frank explanation nor an apology for what has gone wrong. Patients should always consult a specialist clinical negligence solicitor at an early stage if they have concerns about treatment they have received, for advice on the best approach to take and whether they have grounds for a legal claim.”

Accident abroad compensation payout 

Retired fire-fighter, Malcolm Jones booked a package holiday to Spain through the high-street travel agent, Thomson’s. However, when he and his family arrived at the Hotel Negresco Princess on the Costa Dorada, they were not satisfied with their accommodation.

When they were shown to their room they discovered that it was very cramped and contained two single beds with a folding camp-bed wedged between them. The family complained to the hotel staff; however, they refused to move them to an alternative room or replace the camp bed with something more suitable.

To get in and out of bed, Mr. Jones had to sit on the bed and shuffle up and down the length of it. While he was doing this one day, the bed collapsed beneath him and he fell through the broken slats and landed painfully on the floor. Mr. Jones was in a lot of pain from his back injury, his holiday was ruined and he had to remain absent from work for many months. He was also obliged to take early retirement after 30 years of service. Mr. Jones became restricted from his day-to-day duties and became very depressed as a result of the incident.

The holiday company denied liability for the accident but this was rejected by the judge. Mr. Jones sought the help of legal services, and together with the Fire Brigade’s Union they recovered £28,000 and rewarded Mr. Jones with the compensation for his losses and personal injury he sustained of a result of the accident.

 Family receives compensation

The family of a Staffordshire man, who died on Christmas Day in 2007 from blood poisoning after his life-threatening bowel condition was misdiagnosed as a groin strain, has been awarded a six-figure compensation sum.

The 23-year-old from Stoke-on-Trent paid the ultimate price for medical negligence after falling ill with Crohn’s disease nearly four years ago. He visited the A&E department of the University Hospital of North Staffordshire twice in December 2007 as a result of suffering severe abdominal pain only to be sent home on both occasions.

The second trip to the University Hospital of North Staffordshire saw the man diagnosed with a muscle strain by a locum GP working out of hours. A failure to spot and treat the symptoms of Crohn’s disease had devastating implications as an abscess developed after a perforation in his bowel that caused blood poisoning and he passed away.

Hospital bosses have since admitted that the locum GP should have been concerned by the fact that the man returned to seek medical assistance in such a short period of time and consequently asked a senior doctor for a second opinion that could have saved his life.

The man’s son was only five months old when the tragedy occurred and it has been widely reported that a sizeable portion of the compensation will be held in trust for him until he turns 18.

The man’s fiancée said: “I am relieved that our battle for justice is now over but it doesn’t take away the anger I feel that he should still be alive today. Our little boy is now four years old. He starts school in a few days’ time and this should have been a milestone in his life which he should have shared with both his parents. Sadly he will never remember his Daddy and has been robbed of all the time they should have had together.”

A spokesperson for NHS Stoke-on-Trent said: “The Trust reiterates its apology and sadness for the shortcomings which led to the death. A settlement has now been reached and we hope that this will help his fiancée and her family in the future.”

Paralysed worker’s £2.4m payout

Greg Arde took a year out of his accountancy studies to work at stationery company, Duel Ltd which is based in Cwmbran, South-East Wales. While he was working there, the truck he was driving toppled over and trapped Mr. Arde beneath its one-and-a-half tonne weight for 20 minutes, breaking his back in three places.

Greg was bed bound for 2 years as a result of this accident and suffered severe pain. Over the 2 years Greg did not realise he could claim against the company for what he has endured. Greg sought the help of legal services who then began the compensation battle for him.

The case went to trial and 90% liability was established against his employers. But because it had been left for such a long time, the liability was disputed by his employers who stated that it was unreasonable for Greg to claim such as long time after the accident.

Mr. Arde now suffers from impaired speech and is paralysed from the waist down. He requires 24-hour care from a team of six carers. The compensation will help him put the accident behind him and reconstruct his life. It was a long battle but the case was settled and Mr. Arde was rewarded £2.4 million for his ordeal.

Mr. Arde said “I’m happy with the settlement and just want to get on with my life now. I cannot remember much about the accident, just that the forklift truck overturned and I woke up on the way to hospital then went unconscious and didn’t come round for four weeks, I am pleased with the outcome and have a huge thank you to give to the legal support that helped me win my case”

Rugby accident compensation

Rugby player, Jack Sutton who was 17 at the time, was awarded £54,000 in compensation after being injured whilst playing in a pre-season match for his local under-17’s team.

Mr. Sutton fractured his knee-cap after landing on a broken plastic boundary-marker (which was sticking half an inch out of the grass) whilst scoring a try for his team. The injuries Mr. Sutton sustained left him unable to walk for a long time after the accident and ended his rugby career.

Mr. Sutton’s solicitors argued that the club should have conducted a more thorough inspection of the pitch before letting players use it.
The Rugby club did pay out compensation for Mr. Sutton, but their solicitors are continuing to deny the allegations, stating that a visual inspection was all that was necessary to asses whether the pitch was safe to play on. Mr Sutton’s team continue to argue that this method is insufficient, and that a fingertip assessment of the grounds should have been carried out instead.

Government set to payout cold weather payouts

Arctic conditions have triggered record cold weather payouts which are set to top £100 million. Hard-up pensioners and other vulnerable people have shared £9.3 million so far this winter. £24 million was paid out in just one day, and they are in line for another £15 million when more bitter temperatures are logged. The awards compare with just £2.5 million paid out in the whole of last winter.

Pensioners, the disabled and many unemployed parents are entitled to help when local weather stations record seven consecutive days of freezing weather.

The mercury at 48 of Britain’s 76 stations has dipped low enough to trigger payouts, and even more money is set aside to be distributed as the bitter weather conditions continue.

Benefits secretary James Purnell said “We’ve trebled the Colds Weather Payments to £25 a week; millions of vulnerable people and pensioners are now in line for this extra help.”

Mr. Purnell said winter fuel allowance had also risen, but Paul Bates, of Help the Aged called in ministera to do more. He said the cold killed 20,000 old people each year and branded it “a badge of shame for our country.”

Whiplash compensation pay out

Mrs. Walls approached a busy roundabout and started to slow down when she could see that there was a queue oftraffic. She was at the back of the queue when all of a sudden there was an almighty crash and which sent her head flying towards the driving wheel, she slammed on her brakes and her head was flung back into her headrest.

Mrs Walls later discovered that the driver of the vehicle behind her hadn’t been looking where he had been going and had hit her vehicle at 20mph. When she was sat in her car she started to feel severe neck and shoulder pain. She was taken to hospital and told by doctors that she was suffering from whiplash and would need to take several weeks off from work to recover. Being self employed and having to take time off from cleaning meant that she would lose out on her earnings and struggle to pay the bills.

Mrs Walls decided that she shouldn’t have to suffer in silence and so she decided to make a whiplash claim against the driver of the vehicle that had crashed into the back of her car. She searched online for different companies offering no win, no fee services.

Mrs Walls contacted legal services to help her fight this compensation battle and process a whiplash claim. They explained that she wouldn’t have to pay a single penny. One of their personal injury solicitors telephoned the next day and said that she would need to visit a medical expert who should be able to confirm her neck injury.

The solicitors dealt with everything else and seven months later she was awarded damages for the car accident. In total, Mrs Walls received £3,000, including £600 for loss of earnings and £2,000 for the inconvenience caused by her whiplash injury. The legal services did not charge me anything for making a claim; I was awarded every penny of the damages.

 Bloody Sunday relatives request compensation

Relatives of those killed by British soldiers on Bloody Sunday nearly 40 years ago are set to be awarded compensation. However one of the leaders of the marches, former MP Ivan Cooper had said that this settlement has come far too late. He said, “Many of those who were there on Bloody Sunday have unfortunately died and a number of those who were injured have passed away as well.”

A report by Lord Saville, which cost £195million and took over 12 years to complete found soldiers opened fire against unarmed protesters in Londonderry, without any provocation. The report, which was published in June last year, also found the paratroopers continued to fire as the protesters fled or lay wounded. In one harrowing incident, a father was shot dead as he tended to his injured son.

The MoD said, “We acknowledge the pain felt by these families for nearly 40 years, and that members of the armed forces acted wrongly. For that, the Government is deeply sorry. We’re in contact with the families’ solicitors and where there is a legal liability to pay compensation, we will do so.”

Prime Minister David Cameron publically apologised to the victims, offering his condolences and stating that the shootings were wrong.
Peter Madden, a solicitor for the victims, wrote to the Prime Minister, asking how the victims’ families would be compensated. He said, “The Ministry of Defence have now written to us indicating that they wish to settle all issues concerning compensation in the near future and we shall be considering this correspondence closely with those we represent. Discussions will shortly commence with Ministry of Defence representatives in order to resolve the issue.”

Woman wins compensation for Employers Liability

Mrs.Tisley has been awarded £20,000 after making a claim when she was diagnosed with occupational asthma.

Mrs.Tisley was working for a company that makes electric generators and motors for the aerospace industry. She spent six hours a day in closed room with little air extraction, soldering for the company. After only 6 weeks of working under these conditions Mrs.Tisley was diagnosed with occupational asthma.

Despite working so many hours a day, the company she worked for; Turbo Power Systems Ltd. failed to admit fault and ignored any complaints made by Mrs. Tinsley. They denied all allegations put forward by Mrs.Tisley, who indicated that she would like appropriate training and safety advice to help prevent the illness she occurred whilst working for the company.

As a result of this, Mrs.Tisley will now have to live with asthma for the rest of her life and has been unable to find alternative employment since leaving the company. With the help of legal services she took the company to court and the case was settled on an Employer’s Liability basis.

The compensation received will no doubt go towards helping with the costs of her loss of income and any medical bills that have occurred during Mrs.Tisley’s ordeal.

Man gets £2 million compensation

A labourer and bricklayer who was paralysed in a car crash in which his friend also died in Cornwall, has been awarded more than £2m in compensation.

Anthony Bennett, 26, from Dobwalls, was in the back seat of a car driven by Jonathan Stephens when it crashed on the A390 near Liskeard in October 2003. Mr. Stephens died in the crash and Mr. Bennett was left paraplegic.

Mr. Bennett’s claim was settled by Mr. Stephen’s insurers and the sum was approved at a High Court hearing.  Lawyers for Mr. Bennett were due to argue that Mr. Stephens was at fault for the accident because he drove too fast and did not take appropriate action to avoid an obstruction.

But the issue was settled after long-running talks between the two sides and the right to a payout worth at least £2.25m was approved by Mrs. Justice Sharp.

Back seat passenger suffers multiple injuries in collision

Miss Jefferies was a back seat passenger travelling in a vehicle with three other passengers on a winter evening at 8.30p.m.

The driver involved failed to notice that the road ended and drove straight over a junction before colliding with a tree, Miss Jefferies was wearing a seatbelt at the time but as a result of the accident she sustained a large laceration to her forehead which required 7 stitches, together with injuries to her right knee and left shin area and bruising to her right shoulder and elbow. She also suffered whiplash injuries to her neck and lower back.

The Police and ambulance attended the scene of the accident and Miss Jefferies was transported to hospital for treatment. This accident was caused by the driver of the vehicle who, drove too fast, failed to stop, slow down, and manage control of his vehicle so as to avoid the accident and failed to give way at a junction.

With the help of legal services acting on behalf of Miss Jefferies the case was settled and she recovered compensation for her injuries sustained during the accident of £6250

Hit and run victim’s family condemn pay- out delays

The grieving parents of a young hit-and-run victim say a delay over a compensation payout means they cannot afford a headstone for their son.

Sean Keane, 23, died after he was mown down during a night out in Middleton in March last year. The construction worker had just moved into a house in the town with his girlfriend, Emma Bannerman and they were thinking about starting a family.

The man who was at the wheel of the car that killed Sean was only brought to justice last month. Jacques Ainsworth, 22, of Mossway in Middleton, was jailed for six years and banned from driving for 10 years.

He had denied causing death by dangerous driving but a jury convicted him after a trial. He admitted failing to stop at the scene of an accident and driving without insurance.

Sean’s family say the length of the court case has caused a delay in the compensation payout. It has meant they cannot yet afford a proper headstone for Sean at Boarshaw Cemetery in Middleton.

Sean’s father, James has made a wooden cross at his son’s grave until he can pay for a headstone. He said: “It’s been nearly 15 months now. We have done nothing wrong and we are being made to pay severely, not just financially, for what has happened.”

Sean’s sister, Cheryl, 19, said: “It’s been over a year now and he still hasn’t got a headstone he deserves as much as anyone. My dad has made a cross, but we should have a proper headstone by now.”

 The family has mixed feelings about the sentence, admitted Cheryl. She said: “We did not expect him to get a sentence that long, but then again it’s not long enough for what he’s done to us – all the grief and hurt and upset he has caused. No sentence would ever be long enough. Sean was an amazing brother. He was my best friend. My mum and dad thought the world of him. He was their only son. He was just beginning in life and doing fantastically. Everyone was so proud of him. It’s heartbreaking someone can bring it to an end so quickly.”

£5,750 compensation for injured employee

Harold Howell suffered a personal injury in an accident at work caused by faulty equipment, when the chair provided for him collapsed as he was sitting on it. Harold suffered serious injuries to the soft tissue of his lower back.

As a result of this incident Harold was unable to return back to work for a period of 4 months. The incident made Harold restricted on the day to day duties he regularly in told. Any sort of movement left him in agony when walking or standing up for a long period of time Harold endured a lot of pain.

Mr. Howell’s employers admitted liability but would not increase their offer of compensation past £2,000, which was insufficient considering the level of injury that he sustained. With help from Legal services Harold fought for the case to settle on Public liability and won 5 months later.

Harold Recovered £3,250 in respect to the Public Liability caused by the faulty equipment and £2,500 in respect to his personal injuries, work loss and the medical fees he underwent in a result of the incident.

Family secures payout over neglect

The family of a grandmother who suffered neglect because she did not receive the appropriate treatment in care has received substantial damages.

Grace Allenby died two days after she was moved half-dressed in a taxi from Grove Lodge, in Marton Road, Middlesbrough, to another care home on March 29, 2008.

The 88-year-old grandmother, from Thornaby, near Stockton, weighed only six stones when she died.

Her family has received an undisclosed payout from Grove Lodge Care Homes owner Executive Care and Middlesbrough Primary Care Trust for their failings.

An inquest into Mrs. Allenby’s death ruled there was no evidence the care she received contributed to her death, but Teesside Coroner’s Court heard that she was denied the nursing care she needed for six months.

The retired school cook had dementia, cancer of the face, a stomach bag and heart problems, but was not deemed ill enough to need a nursing home until March 2008, when she was transferred to another home.

In March last year, a serious case review, co-ordinated by Middlesbrough Council, found that she did not receive the appropriate level of care from numerous agencies.

 Staff at her new home were said to be shocked because Mrs. Allenby was covered in bruises with weeping wounds, bedsores and matted hair.

 Her daughter-in-law, Pauline Allenby, 61, said she and her husband Ray, also 61, had hoped to secure a prosecution so someone could be held accountable.

 She said: “I do not believe we have got justice because nobody was prosecuted for the neglect mum suffered. There should be someone in the system that is accountable. The serious case review last year highlighted that there was neglect causing serious harm to mum.  Pursuing it was never about the money, it was all about the suffering of mum at the hands of the people who were trusted to care for her.”

 She has vowed to fight for a change in the law and has written to Prime Minister David Cameron and Health Secretary Andrew Lansley to request that where cases of neglect are proven, someone can be prosecuted.

 Teesside Coroner’s Court ruled that Mrs. Allenby died of natural causes, despite highlighting her weight when she died.  Middlesbrough Primary Care Trust and the Executive Care Group were unavailable for comment.

Back injury in hotel in Mexico

Mrs. Angus injured her back when she slipped on a wet marble floor in a hotel in Mexico, just two days into her holiday.

She went and saw the local medical centre that referred her straight to their nearest hospital Mrs. Angus underwent scans and various treatments due to her fall.

Mrs. Angus was poorly treated and the facilities she was put in when undergoing treatment were at a poor standard. She stated the hospital where she was placed was ‘unpleasant, uncomfortable, unprofessional and was an all round bad experience’ her holiday was completely ruined and she struggled to manage her day to day duties and was unable to return back to work.

At home she managed to struggle back to work. Liability was never admitted for the accident which had to be dealt with under Mexican law, but because Mrs. Angus was travelling with a package tour she could take advantage of the Package Tour Regulations and was able to bring the claim in England.

With the help of legal services Mrs. Angus won her compensation battle and received £12,500. She received in full £6000 for her fall which settled as Public Liability and £6500 she received in full from the Hospital where she was poorly treated this case settled as Medical negligence.

Payout after road-traffic accident

A woman has been awarded £1.7million in high court after being involved in a road traffic accident.

Slava Davies’ car was hit in the rear by a truck, hurtling her vehicle into a dry stone wall.

As a result of the incident, Ms. Davies’ was hosplitalised for 3 weeks, having to remain flat on her back and losing the ability to bend one of her legs for a total of 5 weeks.

Ms. Davies has claimed that the injuries she sustained have had a lasting effect on her life stopping her from performing day-to-day tasks that were never a problem before.

Ms. Davies has also been forced to take a less active role in her business. Due to the extent of her injuries and the risk of future losses Ms Davies, pursued a road traffic accident claim. The third party’s insurer involved hired private detectives after claims that Ms. Davies had been exaggerating her injuries.

Although the investigators had filmed her shopping and driving a car after the accident, the judge rejected the insurer’s claims, telling the court that the film showed that Ms Davies had been  “psychologically fighting” the impact her injuries have had on her life.

Family receives compensation

An ambulance trust has paid out £40,000 to the family of a mother of two who died after being treated by a paramedic who was later struck off for incompetence.

Forensic psychologist Denise Hopper, 40, who worked at Frankland high security prison, in Durham City, suffered a fatal heart attack while recovering at home after a road accident.  Her family believe she died due to complications following the crash.  But after the family solicitor, May Ann Charles, learnt that the paramedic had been struck off over the death of another patient, the case was reopened.

Ms Charles, was originally engaged to examine the crash, in which Mrs Hopper skidded on ice near Alnmouth.  She broke several vertebrae, her ribs and breastbone and after a week in hospital went home to recover.

On Boxing Day 2007, she suffered breathing problems and although an ambulance was called, she was not taken to hospital because the problem was attributed to asthma.  But within minutes of the ambulance leaving, she collapsed and it had to return.  A deep vein thrombosis which developed after the accident had travelled to her lungs, but instead of taking her to hospital, the paramedics treated her for dehydration. Subsequently, she suffered a cardiac arrest and was declared dead on arrival at Wansbeck Hospital.

In November 2009, the paramedic in charge, Brian Jewers, 54, was struck off by the Health Professions Council for refusing to give treatment that could have saved a heart attack patient’s life in March the previous year.

In an out-of-court settlement, the North East Ambulance Service NHS Trust admitted there was a failure to make a competent diagnosis, but did not admit liability for Mrs Hopper’s death.

Customers face long wait for compensation

Thousands of holidaymakers who had their summer getaways ruined by the collapse of tour operator Holidays 4 UK have been told they may have to wait months for compensation.

About 50,000 people who had booked and paid for Holidays 4 UK trips to Turkey have been told that they would have to wait up to eight months for cash from the Civil Aviation Authority’s rescue fund. Following the collapse of the holiday company, the delay means thousands of low-income families will be unable to rebook another holiday this summer.

Holidays 4 UK, which went into administration earlier this month, was covered by the CAA’s Air Travel Organisers’ Licensing (Atol) rescue fund, but a CAA spokesman said refunds would take “months rather than weeks” to deliver the compensation to their customers.

Laura Gardyne, from Dundee, who was due to fly to Turkey in September, said: “We have to wait to receive our money back and this could take up to eight months. I think it is an absolute disgrace. People should be getting their money back cash in hand or offered another holiday at the same time.”

Gloria De Piero, the shadow culture minister, said families should not pay the price for corporate failure. She said; “The government must ensure that those already abroad are looked after. They need to be able to complete their holiday and return home on time and everyone who had a holiday booked with Holidays 4U should receive their compensation as soon as possible, so they don’t miss out on a holiday this year.”

Birth injury compensation

The Thompson family cared for their desperately ill son for more than 10 years without realizing they could receive millions of pounds in compensation. They had been wrongly advised that they could not claim after his third birthday for a catastrophic medical error during his birth which has rendered him virtually helpless.

The hospital admitted the negligent management of his birth which resulted in a severe brain injury and subsequent diagnosis of cerebral palsy. The young man is unable to walk unaided and is dependent on others for his basic needs. He cannot speak and has significant learning difficulties. His injuries could have been avoided had he been delivered 25 minutes earlier.

The family contacted legal services to pursue a claim for clinical negligence after discovering that he could claim compensation in these circumstances at any point. They had previously been wrongly advised that he could only claim up until his third birthday.

The case was settled out of court by the local NHS Trust and the Thompson family was awarded £3.8m to enable the family to provide for their son for the rest of his life.

Victim’s family gets payout

The family of a pensioner who died after he was given an overdose of painkillers by a German locum doctor has accepted £40,000 in compensation.

Daniel Ubani injected 70-year-old David Gray with 10 times the recommended daily dose of diamorphine at his home in Manea, Cambridgeshire, in 2008.

The doctor was on his first shift for a GP out-of-hours service.  Mr. Gray’s son Stuart, who is also a GP and lives in Kidderminster, said he is pressing for a change in regulations.

The family has lodged a complaint with the European Court of Human Rights against the German and UK governments over the handling of the criminal inquiry into the death.  Mr. Gray added: “My father was killed and £40,000 does seem a small sum for the loss of a life, especially when compared to countries like the US.  However, we’ve never been interested in the money.  The major issue for us is pressing for a change to regulations in this country to prevent a repeat of the situation that led to my father’s death.”

At a court in Witten, Ubani admitted causing death by negligence – a lesser charge. He was given a nine-month suspended sentence and ordered to pay 5,000 Euros (£4,300) in costs.  The prosecution means he cannot be extradited to face charges in the UK.

The family claims the handling of the criminal inquiry was a violation of their human rights and could gain compensation from both governments if this is upheld.  It could also mean the German government overturns Ubani’s conviction which would allow him to be charged with corporate manslaughter.

At an inquest into Mr Gray’s death, coroner William Morris said Ubani was “incompetent” and ruled that Mr. Gray was unlawfully killed.  He said the death amounted to gross negligence and manslaughter.

Ubani has been called to attend a ‘fitness to practice’ hearing next week at the General Medical Council in Manchester.  A spokeswoman for Anthony Collins Solicitors said the payout has come from sources which remain confidential as part of the agreement.

Lollipop lady wins compensation claim

Anne Marie, a lollipop lady has, won her claim for personal injury after being involved in an accident whilst trying to help children cross the road.

Mrs. Marie was assisting children across the road and displaying her stick when a car drove into the back of her knocking her to the ground. The driver didn’t even stop to check if Mrs. Marie was okay and fled the scene. Fortunately the police found the driver and he was convicted of driving without due care and attention; failing to stop after an accident; failing to report an accident; and failing to wait at a school crossing.

Mrs. Marie suffered with injuries to her wrist and knee. She also had to attend counseling before being able to return to work.

Because of these reasons Mrs. Marie was awarded £4,000 after taking the drivers insurer to court having previously being offered a much smaller sum.

Compensation for london riot damage

The Association of British Insurers (ABI) has welcomed Prime Minister David Cameron’s announcement that the cost of damage caused during recent riots will be settled under Riot Act police compensation schemes. The period in which these damage claims can be made has also been extended from 14 to 42 days.

The Prime Minister’s announcement occurred alongside the ABI’s revised £200 million plus estimate for claims which are looking to be paid out by the insurance industry in connection with the riots, and the industry is now offering the Government the following help to enable police compensation schemes to be run effectively:

  • Senior claims directors to will provide strategic advice to the Government,
  • Technical claims handler experts will be assisting with adjudication,
  • Actuarial assistance to ensure the Government is able to accurately quantify the cost of the scheme going forward,
  • Assistance in developing a workable claims notification form,
  • Assistance in negotiating appropriate rates with loss adjusters.

Commenting on developments, the general director of ABI, Otto Thoresen, says: “The insurance industry is already paying out claims to people with insurance, but wants to do more to support the Government in helping people get back on their feet. We will work in partnership with the Government, and share our expertise, to make sure that the police compensation schemes work effectively and get compensation to people who need it quickly.”

Playground payout

A school boy has been paid £7,000 by Brighton and Hove City Council after he plunged into a disused air raid shelter last year. He was hurt after he climbed over a school fence to retrieve a lost ball and stood on the roof of the shelter which gave way underneath him. In a similar case; another pupil won a £3,100 payout after he was hurt falling down an open manhole cover in a playing field.

The council confirmed the payouts but would not name the victims or schools or give further details of the claims. A spokesman said: “Compensation claims against the council are dealt with by our insurers in liaison with the council’s insurance team. Each claim is assessed on its own merits and we do not comment on individual claims.”

They were among 347 playground compensation payouts made to school pupils by local authorities across the UK last year. One boy received a £5,750 payout after another pupil splashed his hand with custard at a school in Rotherham, South Yorkshire.

Counsellor Dawn Barnett criticised the payouts made by the city council last year. She said: “I could understand if it had been paid for something like falling off a damaged swing that the council had failed to repair, but if this boy had climbed over a fence and onto an air raid shelter, I really don’t think the council should be paying out compensation. You can’t blame the council for kids getting into mischief but it should definitely look more carefully at the claims it pays out in circumstances like that.”

Nick Smeaton, of the Campaign for Real Education, also criticised the climate of compensation culture sweeping Britain. He said: “It is scandalous that thousands of pounds of tax-payers money are spent on these often frivolous claims when the money should be spent on schools. Schools have an impossible job and it is a sad fact of life that accidents do happen. If someone has a serious accident due to negligence then it is quite right that a claim can be made. In other cases it needs to be stopped before things go too far.”

Compensation for trip

Mrs Davidson recovered £5,250 compensation for tripping on a broken paving stone, Mrs Davidson was shopping in her local town centre when tripping on a sunken cracked paving stone that was not well shown on the pedestrian walk way.

Mrs Davidson took photographs of the paving stone and measured the height of the tripping hazard as being 3cm, as a result of this incident she decided to take the help of Legal Services against Wigan Metropolitan Borough Council as they denied liability for this accident quoting that the pavement had been inspected only three weeks before the accident.

On the day of the trial the Wigan Metropolitan Borough Council admitted that the inspection of the paving slab was poorly made and admitted full liability for the incident paying out an amount of £5,250 compensation to Mrs Davidson in respect to her injuries and losses.

Compensation payout from Bolton Council to the public

It has been revealed that Bolton Council paid out £360,000 to members of the general public and £50,000 to members of staff who had suffered personal injury. These claims were for injuries suffered by slipping, tripping or falling on ill-maintained pavements and other areas managed by the council.

The compensation payouts in these cases ranged from just under a thousand pounds to twenty seven thousand pounds, depending on how serious the claimants’ injuries were.

The £50,000 compensation paid out to council staff was made up of 15 claims ranging from £1,000 to £13,750. These were for various personal injury causing incidents, including one claim for slipping on discarded polythene wrapping. The highest payout of £13,750 was for a woman who fell in a car park.

The amount of compensation paid out by the council has been falling at a steady rate according to statistics. The £400,000 figure is a reduction of £200,000 from the £600,000 paid out the year before. The year before that, the figure was as high as £800,000.

Man wins £3.35m in motorcycle accident claim

37 year-old Luca Meluziis from East Ham has been awarded 3.35million in a personal injury claim after being knocked off of his motorcycle by a lorry.

Mr. Meluziis, a restaurant manger had been riding through east London’s Limehouse Link Tunnel when the accident took place in 2008.

Mr. Meluziss was lucky to escape with his life after the accident. He suffered severe life changing injuries which included damage to his brain, spinal cord and massive internal injuries, because of this Mr. Meluuziss is now confined to a wheelchair.

Mr. Meluziss’ Family live on the Italian island of Capri, which is almost completely inaccessible for people confined to a wheel chair like himself. This has made it very difficult for him to visit his family.

Mr. Meluziis launched an injury claim to help him with finding suitable accommodation and to help pay for any medical bills. He was awarded the 7 figure some in London’s High Court. Judge Michael Yelton stated that it was in the best interests of Mr Meluziis to settle the claim relatively early.

Clinical Negligence pay out

Rachel Peacock underwent a knee replacement procedure at her local hospital in Yorkshire. Following the knee replacement Rachel continued to suffer pain and discomfort and complained of this on a number of occasions to her physiotherapist and GP. Rachel was struggling to carry out a number of the physiotherapy exercises because she had such reduced movement in her knee.

By the end of July 2006 Rachel’s GP was so concerned about her slow recovery that he referred her for investigations and to have a manipulation procedure on the knee. Rachel underwent a number of x-rays through the hospital but no concerns were raised following these, even though one showed that her leg was not straight.

Rachel underwent a thorough review by the consultant there and was informed that one component of her knee replacement was too big and that this was the cause of all of her pain and difficulties walking. With help from legal action Rachel was able to claim for clinical negligence, and was entitled to a compensation pay out of £20,000.

Woman gets sight payout

A woman whose eyesight was permanently damaged after a Solihull optician missed a serious condition has received compensation.

Anne Holt has been left with limited vision in her right eye and risked blindness after a Specsavers optician failed to diagnose a retinal detachment. The 64-year-old visited the town centre branch in April 2008 after suffering from blurred vision and seeing floaters in her eye.

Despite displaying classic symptoms – two opticians, Craig Cartmell and Amer Zulfiqar – missed the condition meaning the pensioner’s injury wasn’t treated for five weeks and her eye became so bad she needed two operations. Mrs. Holt now has limited vision in her right eye, cannot see colours clearly and has distorted vision.

She said: “The last three years have been horrendous. I am now beginning to adapt to having limited vision in my right eye but I feel angry that Specsavers didn’t spot the detached retina at the first appointment. I believed what they told me as I thought they were experts in their profession. Instead they almost cost me my sight.”

Anna Holt’s solicitors, who settled the claim out of court said: “Mrs. Holt’s sight has been damaged by Specsavers’ failure to diagnose a detached retina despite the fact she was displaying classic symptoms. She should have been given a peripheral vision test on her first appointment which would have highlighted the need for an immediate referral to the eye hospital where her condition would have been treated.”

Ophthalmic director for Specsavers, Spencer Parkes said: “It is important to point out that detached retinas can happen very suddenly and without any obvious reason or explanation, so it can be very difficult to know exactly when they have occurred. We can say, however, that as soon as it was spotted the customer was immediately referred to the Birmingham Midland Eye Centre. At Specsavers we take eye care very seriously, carrying out seven million eye examinations a year, and as such customer care is paramount.”

Young woman wins compensation after a road traffic accident

19 year old student, Jessica Morgan was struck by a car in March 1999. She sustained serious head injuries which as a result, left her unable to speak with limited movement and the need for care 24 hours a day.

Miss Morgan eventually won a settlement of £3.5 million, which was based on pain and suffering, the potential loss of earnings and the need for more suitable accommodation as (Jessica’s family now has to move to a new, specially adapted bungalow). Jessica was also pursuing a career in IT and multimedia before the accident, but now these dreams are virtually unattainable.

Mr. Phillips, who was defending the at-fault insurance company, claimed that the settlement request of £3.5 million was too high; however Miss Morgan was definitely entitled to a “great deal of state-funded care” from local authorities, as well as a more appropriate council house.

However the judge refused to allow a disabled Miss Morgan to be a burden on the state when Mr. Phillips was responsible for her condition.

Pedestrian knocked down by taxi driver

Pedestrian, Mr. Wood became a C4 incomplete tetraplegic after he was knocked down by a taxi driver whilst he was walking across a road in 2008. As a result of his injuries he will remain wheelchair dependent for the rest of his life.

Although liability was never admitted, the Defendant’s insurer made an initial offer of £750,000 in settlement of the claim, 6 months after the accident. On the advice of his legal team, he did not accept this offer. By this stage in the litigation process, the instruction of liability and quantum experts was well underway and the legal teams were able to take a fully informed view that £750,000 was a significant undervaluation of Mr. Wood’s claim.

Stewart’s Law was able to negotiate weekly physiotherapy for Mr. Wood, even though liability remained an issue until settlement had been achieved. The legal team also obtained funding from the Defendants to cover taxi travel for the client to each physiotherapy appointment.

Eventually a £1.75 million compensation settlement was agreed and will enable Mr. Wood to cover the costs of his life-long care and equipment needs as a result of the accident. It will also enable Mr. Wood to purchase and adapt a suitable house for him, his wife, and their only son.

Pedestrian claim:

Miss French was crossing the road at a junction when she was knocked down by a speeding car. As a result, she suffered a serious compound fracture to her tibia and fibula, in addition to bruises, grazes and some psychological trauma and distress.

She was hospitalised for a week following the accident.  This incident led to Miss French undergoing surgery hich left her dependant on crutches. Following her discharge from hospital these injuries lasted for several months which left her to heavily rely on family members to help with everyday household tasks.

During her recovery, she had to attend frequent sessions at a fracture clinic and was in a great deal of pain. Miss French has been left with restricted movement and is unable to run, kneel down, squat, or climb stairs easily.

Although the defendant admitted liability for the pedestrian road accident, the other side’s insurers refused to negotiate a settlement.  With help from solicitors, Miss French was advised to take legal action and with the losses and injuries sustained she was given £30,000 in compensation.

Construction site compensation pay out

Mr. Wood was employed as a ground worker at a construction site where he was driving a dumper truck moving soil from an excavation site into a spoil heap.

The construction site had several cable pits which were not properly covered or easily noticeable. The ground beneath Mr. Wood’s truck gave way due to the weight of the truck and Mr. Wood was thrown forwards with such force that he sustained a back injury, several broken ribs and a haemopneumothorax.

This resulted in Mr. Wood requiring regular hospital treatment and ongoing operations. He then tried to return to his work-place but was unable to cope due to his injuries. Mr. Wood’s employers admitted liability for the horrific accident and paid him £70,000 in compensation for his injuries and losses.

Compensation for Asylum seeker family

A family asylum seekers who had three claims for shelter down has been awarded £150,000 in damages after being detained.

The compensation is believed to be the largest payout for such a case and has been handed to a Congolese family after the Home Office accepted that their detention was unlawful.

The damages were agreed at the High Court after the family argued they had been left traumatised after immigration officials raided their home and took them to Yarlswood Detention Centre for 57 days in 2006.

The case centered, in particular, on the couple’s eight-year-old daughter who had psychological problems. The family’s barrister, Stephanie Harrison, told Mr. Justice Mackay that the Home Office conceded that their detention was “unlawful from the outset”.

The mother arrived in the UK with her eldest daughter in 2002 but had her claim for asylum rejected three years later. The father arrived later but had his claim for asylum also turned down in 2005.

Compensation after road traffic accident

A twenty seven year old Oxfordshire man has recently received compensation of £340,000, after sustaining serious head injuries in a road traffic accident which happened over five years ago.

The road traffic accident left Mr. Hankins on a life support machine for five days and he needed plastic surgery to reconstruct the part of his face under his left eye.

According to the Oxford Mail, Michael Hankins, a former restaurant supervisor at Burger King, Oxfordshire, was being given a lift home from work when the accident happened. Mr. Hankins had to be cut out of the car and given emergency surgery to remove two blood clots from his brain.

Mr Hankins stated that the last 5 years of his life have been a constant hell. He also added that the frustration was largely increased because of constant memory problems since the accident making him unable to hold down a proper job.

His father, who wasn’t even sure that Michael would survive the accident, said: “He’s never going to be the same again; the money is to pay for him and his future.”

The compensation will help Mr. Hankins to rebuild his life and follow his dream of running a night club.

Payout after goal- post collapse

A man who was badly injured when a metal goal-post fell on his head has been awarded £41,500 in damages after his case was heard in the Court of Appeal.

Michael Hall, 45, was playing football with his son at a caravan park in the Lake District. Mr. Hall was in goal when the framework fell forward and collapsed on him. He sustained serious injuries to his teeth and jaw.

Mr. Hall brought a claim against the owners and operators of the caravan park. Initially, this was dismissed and he therefore took his case to the Court of Appeal, where the decision of the lower court was overturned.

The Court heard that when the accident happened the goal was not properly pegged down. Campers regularly took the pegs from the goalposts to use as tent pegs. The judge decided that it would have been relatively easy for the operators of the caravan park to make a daily check on whether the pegs were in place or not. If this had been done, the absence of the pegs would have been discovered and Mr. Hall’s injuries avoided. Mr. Hall was awarded £41,500 in compensation.

Compensation payout for crash victim

A father of two left with devastating brain injuries after a horrific crash on the A55 has won a £3.6m payout after a two-year battle for justice.

The huge compensation award will pay for lifetime care and painful rehabilitation for former Territorial Army trooper Andrew Chin, 39. But his wife says “no amount of money will repair the damage done”.

Mr Chin, from Trefor, near Caernarfon, suffered the horrific brain injury while parked in a lay-by on the A55 near St Asaph when another vehicle ploughed into the back of his Volvo on June 10th 2008.

His head was smashed against the steering wheel by the force of the crash and he developed a life threatening brain bleed.

He was given a one in ten chance of surviving and spent two weeks on a life support machine at the specialist neurological Walton Centre in Liverpool as his brain swelled.

The businessman eventually pulled through but vast chunks of his memory was lost through post traumatic amnesia and he will never live independently again due to the brain injury.

A judge at Liverpool Crown Court awarded him “the equivalent of £3.6m” to fund a life time of care.

Andrew’s wife Michelle, 32, said: “It has been an incredibly hard few years for our family. I don’t think anyone can imagine how devastating a brain injury can be, it’s turned our lives upside down as its robbed Andrew of his independence. To know we will always be looked after is a huge relief for us all. While no amount of money will repair the damage done, we now have a chance to move on with our lives.”

The driver has since been convicted of driving without due care and attention, was fined and his license endorsed.

Claim for medical negligence

U.S. Army veteran, Jose Goncalves, has recently been awarded $925,000 in compensation 2 years after his eyeball exploded during a cataract operation. Resident surgeon, Dr. Wang injected too much anaesthetic, which resulted in Mr. Goncalves’ right eye exploding due to the pressure.  It took four more operations to save the damaged eye, but Mr Goncalves can now only see things which are less than 6 inches away from his face.

The lawsuit claimed Mr Goncalves has been permanently deprived of his ability to carry on and enjoy life’s activities.  The damage to the eye is obvious because his iris is missing and his eyelid droops.  If anything should ever happen to the undamaged left eye, he could face total blindness.

Mr Goncalves now works in the maintenance department at Central Connecticut State University because he could not return to his original job as a roofer.

The U.S. attorney’s office, which represents the hospital, declined to comment, as did the resident surgeon, Dr Wang. Dr Wang wasn’t sued herself because doctors who work for the federal government have immunity.

Fall at work compensation claim

A woman who has suffered soft tissue damage to her lower back, elbow and calf, after a fall at work has been awarded £9,600 compensation after launching a personal injury claim.

Elizabeth McLachan was working in the Glasgow Branch of the Early Learning Centre – a well established retailer with over 200 stores across the UK. Ms McLachan was reaching for an item on a high shelf when she fell from the ladder she was using.

After the fall Ms McLachan was rushed to her local accident and emergency department where she was diagnosed with the injuries that she had sustained.

After the incident Ms McLachan launched a personal injury claim against her employer after claims that the ladder she was given to use was faulty. The company have since admitted liability for the accident admitting that they had breached health and safety regulations.

Hurt at work compensation

Electrician, Mr. Flannery was working in the top part of roof space of a soon-to-be-opened superstore when he caught his top part of his neck on a jagged edge of a ceiling as he descended steps to the floor he was working on.

Mr. Flannery suffered serious lacerations that required immediate hospital treatment.  As this incident occurred during Mr. Flannery’s work hours this was categorized as an employer’s liability claim and he decided to put forward a personal injury claim.

Mr. Flannery took legal action and with the help of lawyers he recovered £4,000 compensation in respect of his injury and losses.

Unloading a delivery, made a claim

Mr. Roberts was receiving a delivery at his home of an IKEA sofa bed, brought to him by F&H Transport.  Only one delivery specialist had been sent instead of the legal requirement of two persons, so Mr. Roberts had to assist and fill in the space of the missing trained delivery specialist in carrying the sofa bed inside his home.

This led to Mr. Roberts straining the lower part of his back giving him serious personal injury which lasted for 8 weeks.  The result of this meant Mr. Roberts was unable to lift any heavy objects and this restricted him on his day to day duties.  In further to this incident Mr. Roberts attended regular treatment at a Chiropractor.

With the help of lawyers, Mr. Roberts recovered £2,113.20 compensation in respect of his injury and losses.

Family wins NHS compensation payout

The family of a 23-year old mother who died after being sent home from hospital three times because doctors failed to diagnose her cancer has been awarded a six-figure payout from the NHS health board. Lavinia Bletchly from South Wales died from peritontis and an aggressive malignant non- Hodgkin lymphoma.

Her family agreed an out-of-court settlement with Abertawe Bro Morgannwg University health board, which has been approved by a High Court Judge.  Some of the money will compensate her two daughters, nine year old Saila and Chloe six.

Miss Bletchly, a student of textile design at the University of Wales Institute became ill in May 2004, not long after giving birth to her daughter. Examinations during the next eight months ruled out gynaecological problems, but she continued to complain of pain in her abdomen and pelvis.

In February 2005 an ultrasound revealed a cyst and an exploratory operation found fluid above the liver. Over the next three weeks she was admitted three times to the Princess of Wales Hospital in Bridgend. On one occasion her family said a senior consultant told her it was ‘all in her head’ and that she should make way for urgent cases.

In March 2005 a CT scan and further surgery found an extensive malignant tumor had incased her bowel and spread to her stomach.

Despite urgent chemotherapy her prognosis was not good as the cancer was aggressive and advanced. She died on March 24, 2005, after a ruptured bowel caused peritonitis, leading to multiple- organ failure.

Innocent man bitten by police dog

An innocent pensioner was bitten by a police dog whilst police were pursuing someone. The man was gardening at his home behind Kingston Rugby Club in the Hook allotments when the incident took place.

The police dog was a German shepherd and bit the man on his ankle. The dog then moved his mouth up the man’s leg making the injury worse.

The man has since made a compensation claim after the accidental bite covered an area of 6 inches and has since left scars.

The police have paid the man two amounts since the claim was reported, the first being a sum of £2100 which has since been doubled to £4200 after claims that the first sum was not enough.

Pupils claim after years of abuse

A group of former Leicestershire school pupils who were abused by Catholic priests are launching legal action for compensation.

The 11 men say they were physically, sexually and emotionally abused when they attended the independent Grace Dieu Manor prep school, near Thringstone, in the 1950s, ’60s and ’70s.

They are taking action along with 11 other men who were similarly abused when they attended St Michael’s prep school in Soni, Tanzania, where many expatriates were educated.

The 22 men have started legal action against the Rosminian Order for the “sadistic and sustained abuse” they suffered during their time as boarding pupils, including regular beatings and sexual abuse. One priest, Father Kit Cunningham, who taught at St Michael’s, has since died.

The men’s claims span a period of 21 years, from 1952 to 1973.

Francis Lionnet, 63, attended Grace Dieu Manor from the age of eight and is among the claimants to have spearheaded legal action. Speaking to the Mercury from Montreal, Canada, where he now lives, he said: “I was beaten regularly as part of a sadistic and sexually violent ritual. I’ve spoken to fellow pupils about what they suffered and been brought to tears by what we had to endure.”

He is pursuing legal action after getting in touch with a fellow pupil via a social networking site. The pair spoke about their time at Grace Dieu, and decided to seek justice. They then contacted other pupils and solicitors.

Solicitor Billhar Uppal said in a statement: “The Rosminian Order is denying that the claimants are entitled to financial compensation and have communicated that they will strenuously defend the claims. The claims continue and will involve the issue of formal court proceedings over the coming weeks.”

We at Complete Claim Solutions understand the sensitive nature of such issues and would be happy to assist anyone who has suffered abuse and is looking for closure.

Please call 01273 315781 and ask to be transferred to our specialist James Taylor for help and advice.

Clinical negligence payout after amputation

A butcher from Kent has accepted a remarkable clinical negligence payout worth £250,000 after a series of medical blunders left him with no option but to have his leg amputated.

The man was admitted to Medway Maritime Hospital in July 2004 with an infected little toe. He is diabetic and the doctors’ and nurses’ failure to control his illness and the infection meant he was discharged after having his leg amputated below the knee.

The amputee also developed an infection in his right leg and doctors considered amputating that as well. The infection was the result of poorly applied pressure stockings.

After the operation, the man decided to launch a legal claim against the NHS trust in charge of the hospital and it has paid off with an out-of court compensation payment totaling a quarter of a million pounds.

The victim explained, “I was devastated at losing my left leg and concerned about the impact this would have on my future. I was absolutely terrified of losing my right leg too.”

The claimant’s clinical negligence lawyer said, “The trust also refused to settle the case until a few months before the trial, therefore forcing the claimant and his wife to go through a stressful litigation process.”

Kidnap victim compensation rejected

Natascha Kampusch, now 23, was kidnapped and abducted by Wolfgang Priklopil when she was 10 years old and held in a cellar in Vienna for 8 years. Her kidnapper eventually committed suicide after she managed to escape in 2006.

Austrian authorities have recently rejected a claim for compensation after Miss Kampush argued that the investigation into her kidnapping was mishandled. However the authorities claimed there had been no “reasonable suspicion” against Priklopil at the time.

Miss Kampusch’s lawyer, Gerald Ganzger said the rejection of her compensation claim was “not unexpected”. However, he said that his client “had hoped that the interior ministry would at least be prepared to make a symbolic gesture of compensation, given the sloppiness and numerous faults in the inquiry”.

The amount of compensation Miss Kampusch was looking to claim is unknown; however her lawyer stated that the money would have gone to a charitable cause.

Compensation payout after injury at work.

A man working as a labourer has received a massive compensation payout after suffering brain damage in an accident at work. The man was working as a painter on a ship in Falmouth when he was struck on the head by welding equipment.

Due to the severity of his injuries the man suffers from short term memory loss and deafness. He has constant headaches and is no longer able to work.

The man (who does not wish to be named) has suffered greatly since his accident at work. His mother explains:

“This accident has had a huge impact on the whole family. My son’s life has dramatically changed. He can no longer work. This money will help cover his daily living costs, now that he can no longer earn a wage”.

At the time of the accident the man was wearing safety equipment, including a hard hat. It’s believed that the hard hat probably saved the man’s life. The family made their compensation claim for personal injury with a personal injury law firm.

Their personal injury lawyer stated: “This accident was caused by poor health and safety techniques and could have been avoided, had the necessary precautions been taken. As a result, our client’s life has taken a dramatic turn for the worst. This compensation can never make up for the client’s brain damage, or for the loss of the life he once led. It is aimed at helping our client maintain a standard of living, if not the same kind of life he would have expected, had he been able to work up to retirement age”.

Man injured as a child wins one million pounds

A Man from Swindon has been awarded just over £1million pounds after suffering from major head injuries when he was struck by a car fifteen years ago.  Karl Bauld now twenty-three had been on the street playing football with his brother a few days after his seventh birthday when the accident occurred.  Karl was hospitalised for months and in a coma for seven days as a result of the accident.

London’s high court has stressed that the driver of the vehicle involved should never have been allowed behind the wheel of a car due to poor eyesight. The driver had also been travelling at high speed through the residential area at the time of the accident.

Mr. Bauld has been awarded £1,045,000 after 87.5% liability was admitted by the drivers insurers. The amount was decided on pain and suffering, loss of earnings and future care and rehabilitation.

Motorbike compensation

A 57-year-old rider from Cheshire has secured a five-figure sum for injury compensation for a motorbike crash which left him suffering a broken wrist and a broken elbow.

It is understood that the Oxford-educated accountant had only recently returned to motorcycling after a break from riding, during which time he concentrated on raising a family.

The incident occurred when the man was riding through North Wales and was in collision with a vehicle being driven by a Canadian holidaymaker.

Despite the motorbike crash occurring at a relatively slow speed in a built-up tourist spot, the rider was knocked off his motorcycle and fell heavily, breaking his wrist and elbow.

A no win, no fee solicitor represented the man’s claim and succeeded in securing a payout, thought to be between £20,000 and £30,000.

The settlement was reached out-of-court in negotiations between the liable insurer and the rider’s legal team.

Speaking after resolution of the motorbike crash case, the man said that it was a huge relief to have secured a payout and expressed his satisfaction that the case did not have to go to court.

Occupational asthma compensation claim

A woman has been awarded £20,000 after making a claim when she was diagnosed with occupational asthma.

The woman, who has yet to be named, was working for a company that makes electric generators and motors for the aerospace industry. She spent six hours a day in a closed room with little air extraction soldering for the company. After only 6 weeks the woman was diagnosed with occupational asthma.

Despite working so many hours a day, the company she worked for; Turbo Power Systems Ltd failed to give her the appropriate training or safety advice to help prevent the dangers.

She will now live with the asthma for the rest of her life and has been unable to find alternative employment since leaving the company.

The compensation received will no doubt go towards helping with the costs of loss of income and any medical bills that have followed.

Victim of stolen vehicle incident wins compensation

A father who suffered life-changing injuries after being hit by a stolen car has secured a compensation settlement believed to run into millions of pounds.

In 2006, Mark Seabrook, an estate agent from Watford, was driving in the town when a stolen vehicle which was being driven by Salliaman Khan pulled out of a junction without giving way. The driver then collided with Mr. Seabrook’s vehicle; who was then knocked unconscious by the impact and sustained severe injuries to his spine.

As well as being confined to a wheelchair for life, the father-of-two spent six months in hospital recovering from serious injuries to his lungs, chest and head. As a result of these life-changing injuries, he has been made redundant – a devastating blow to a man who was being considered for a director’s role before the accident.

Mr. Seabrook then decided to put in a claim for personal injury compensation after he found out that Mr. Khan had stolen the vehicle which caused the accident.
At the High Court this week, a settlement was agreed upon for the victim which, although no details have been disclosed, is believed to be a seven-figure sum.
The judge presiding over Mr. Seabrook’s case praised his “dignity, courage and fortitude” and wished him luck for the future.

If anyone is hit by an uninsured driver, the claim is likely to have to go through the Motor Insurers’ Bureau (MIB) and if the person involved wishes to apply for personal injury compensation and may therefore need assistance from an expert solicitor.

The MIB was set up in 1946 and deals with more than 30,000 claims every year from victims involved in accidents with uninsured or hit and run drivers.

£1.2m payout for woman who got salmonella

A Woman who developed crippling arthritis after contracting salmonella from a Chinese meal has been awarded £1.2 million in damages. Margaret-Ann Reynard contracted salmonella after dining at a restaurant in East Kilbride.

The midwife was violently sick and forced off work. But her health problems became far more serious as the food poisoning triggered a condition known as reactive arthritis, which is likely to confine her to a wheelchair. She took legal action against the owners of the restaurant and was awarded £1,243,082 in damages at the Court of Session in Edinburgh.

Mrs Reynard, said she was “pleased” with the award, which she said would pay for her future care. “I’m happy with the result. It’s a big relief,” she said. After her fateful meal at Latours on the Main Street, which has since closed, Mrs Reynard became violently sick the following day and was rushed to Hairmyres Hospital, in East Kilbride, and given intravenous antibiotics. She was found to have an ovarian cyst, which was removed, and she was discharged. But the day she went home she had pain in her knuckles, which spread to her wrists, neck, shoulders and spine.

Mrs Reynard was sent to Glasgow Royal Infirmary, where tests found she had reactive arthritis, which was linked to the salmonella. She said that her life had been “severely curtailed” by the condition.

Exquisite Quisine, the Glasgow-registered firm which owned Latours, contested the amount claimed in the action, but admitted liability for causing the salmonella infection. Derek Pang, of East Kilbride, is the company’s director, but it is understood the firm’s insurers will have to pay out the cash.

Lord Hodge, ruled that the award should include £85,000 for pain and suffering and £385,000 for future wage loss. Mrs Reynard was given £218,000 for future care.

Farmer wins compensation for dead bullock

Children at Lyndhurst Primary School in Camberwell, south-east London cheered as they sent hundreds of balloons soaring into the sky to support charity Comic Relief.
But when one of their balloons landed 50 miles away in Kent, a 13-month-old bullock choked to death on its string. The farmer who owned the bullock, Mr. Richard Vant, found the balloon with string and a school label attached to it, sticking out of the animal’s mouth.
The school’s insurer initially refused to compensate Mr Vant for his dead bovine, stating “it was ‘unforeseeable’ the balloon would have travelled so far and would have caused the ‘alleged incident.” – However they eventually paid out £889.
Farming and conservation groups are demanding a ban on mass releases of balloons and Chinese lanterns because of the deadly threat they pose to livestock and other wildlife.
Parents had been reassured by the primary school in a newsletter ahead of the event that the balloons would “biodegrade at the same rate as an oak leaf”.

£30,000 payout from M&S after slip

Jeanette Plummer, 62, shattered her shoulder in a fall after slipping on fruit which had fallen into the aisle from a loose container. Mrs Plummer, who injured herself while shopping at M&S in Bath, now needs a shoulder joint replacement operation.
She took legal action against the store which agreed to pay £30,000 compensation in an out of court settlement. The retired mother-of two plans to use the money to pay for medical bills while she undergoes surgery.
She said: “The fall has really had an effect on my life. I’m now restricted as to what I can do. I’m really glad to get the compensation money.”
Louise Hart, who represented Mrs Plummer, said the issue of damages has been “hotly contested” for three years. She said: “The injury was so severe that Mrs Plummer will need to undergo a shoulder replacement operation. It has taken three years to resolve this matter but we are pleased to have finally agreed an out-of-court settlement with Marks & Spencer. Reports on the rise of a so-called ‘compensation culture’ can distract attention from the fact that many people are injured in accidents that are not their fault”
A spokeswoman for Marks & Spencer described the safety of their customers as a “priority”. She said: “The safety of our customers is a priority for M&S and we are pleased the matter has now been resolved.”

Woman gets payout after botched hair dying

A woman who was left temporarily blinded and unrecognizable to her own mum after a botched hair dying appointment just before her school prom has finally got a payout. Charlotte Gilchrist was 16 when she suffered a severe allergic reaction after a trainee hairdresser applied the fashionable colour with disastrous side-effects.

Shocking pictures show how poor Charlotte’s face swelled up – leaving her with blisters and unable to open her eyes for five days. Now 21, mum-of-one Charlotte is using her traumatic experience to warn others about the dangers of hair dye.

The brave parent said she had been left emotionally scarred by the dying fiasco and added that all home dye users should carry out a simple patch skin test – which would have revealed her allergic reaction.

Charlotte, of Huddersfield, West Yorkshire, has received a £2000 payout and the owner of the salon responsible has been told to stump up the £18,000 for her legal bill after initially defending the case.