One South Yorkshire mum was recently infuriated when a motor accident claim that resulted in garden to her damage wall was refused by the company that owned the vehicle.
After a bus had been abandoned due to heavy snow, pranksters released its handbrake and rolled it down the hill into Pat Drayton’s home on Workshop Road, Swallownest. The resultant traffic accident claim caused £1,000 pounds of damage and barred Mrs Drayton from leaving her home for nearly an entire day.
Mrs Drayton and her husband John found that the bus had damaged their wall once it had been towed away. The brickwork had been dislodged by the collision. However when the Draytons filed a road accident claim against the bus company they were told by the company’s insurers that they would not be entitled to any compensatory damages. The reason given was that the accident did not occur at the fault of the driver.
The 51 year old married woman stated that the insurer callously disregarded the couple’s dilemma. Due to the fact that the actual perpetrators of the act will never be found, both she and her husband were suffering the consequences, she added.
South Yorkshire deputy managing director for the bus company Brandon Jones expressed his incredulous disbelief that an anonymous band of culprits managed to dislodge the bus. Calling their behaviour mindlessly idiotic, he nevertheless stated that the bus company cannot be held accountable for the actions of vandals or the effects of inclement weather conditions.
The bus had become stuck on the hill above Mrs Drayton’s house at around 7 in the evening. Around three hours later, the bus then rolled down to come to a crashing halt against her garden wall. Mrs Drayton stated that based on how many cars were being abandoned all around it, the bus was quite obviously blocking the entire road.
Many thousands of motorbike owners derive pleasure and passion from riding their motorcycles on UK roads every year. However the prevalence of motorcycle accident claims in the UK should give any motorcyclist pause.
Motorcycle riders need to be aware that a simple traffic accident claim can have dire consequences due to their higher level of vulnerability. The relative safety of being inside a car can lead to minimal injury claims in the event of a collision, but the injuries sustained by motorbike riders can be very severe indeed in comparison.
Motorcyclists comprise an uneven number of serious personal injury claims and fatalities whilst on the road. Only 1 per cent of UK vehicle traffic is due to motorcycles, yet their riders account for 14 per cent of accident statistics.
It can be all too easy to lay the blame securely on the head of inattentive car drivers. Motorcyclists need to shoulder their percentage of responsibility as well, and as darker nights and winter weather bring more challenging riding conditions with them, motorcyclists need to take steps to maximise their safety whilst on the road.
Increasing your visibility as a bike rider will do much to decrease the probabilities of getting into an accident, say experts. The average car is approximately three times as wide as the typical motorcycle. During the evening or in overcast conditions motorcycles can become difficult to be seen by other motorists due to their smaller size.
One accident expert stated that standard procedure for motorcyclists is to ride with their dipped beam on during daylight hours. This will improve visibility to other drivers. Also, the expert stated that wearing highly visible clothing will increase the chances that other motorists will be aware of a motorcycle rider’s presence greatly.
After medical negligence left a woman with the inability to remember more than ten minutes into her own past, her personal injury lawyers have secured her a settlement in the millions of pounds.
41 year old Cristina Malcolm suffered a collapse in her bathroom in July of 2002, most likely caused by a brain haemorrhage. Unfortunately her injury claims were improperly diagnosed by hospital staff and her GP. Two weeks after her initial collapse Mrs Malcolm suffered an additional, more serious haemorrhage and was rushed to Newcastle General Hospital.
There she was treated for her injuries through a surgical procedure that removed half a litre of blood that had pooled inside her brain. The County Durham native spent nearly three months in intensive care. Before being discharged home she spent a total of nearly six months between hospital and rehabilitation stays.
Cristina’s second haemorrhage left her with permanent brian damage. Now without the ability to remember anything past ten minutes, she has been trapped in her own mind for years since her injuries.
Cristina’s husband pursued a personal injury claim on his wife’s behalf. Hospital executives accepted a 95 per cent total liability for Cristina’s claim, leading to a figure of £4.46 million in personal injury compensation. The settlement will be used to provide the constant medical care Cristina is in need of due to her injuries.
Mr Malcolm stated that despite the millions of pounds received in settlement compensation, he is still anguished over the mistakes made by the medical staff in neglecting to treat his wife properly. He feels that if the responsible staff members had properly examined his wife after her initial collapse, the second haemorrhage might have been prevented.
After a woman was hurt by the police when she questioned the arrest of an acquaintance, her accident claim case has resulted in a £7,000 personal injury compensation award.
Debbie O’Reilly had been on a walk throughout her neighbourhood when she came across the police restraining a man. When she asked to know why her acquaintance was being detained, an officer pushed her. She was then sprayed with CS gas.
Initially Ms O’Reilly faced charges of obstructing a police officer. However injury solicitors doubtless played a role in her winning of the payout from the police.
Ms O’Reilly was taken to a local police station in an official vehicle. She spoke out after her day in court, stating that the case had never been about the money. She added that the true issue was the police’s mistake in assaulting her and getting them to admit their error. Despite the settlement she has received from the police, she states that she was yet to receive an apology from the police force.
Ms O’Reilly’s personal injury compensation award should account for the fact that her face was blistered and burned by the spray. At the time she stated that she would have fallen to the ground if not for the timely intervention of one nearby doorman.
In related news, personal injury claims have been on the rise across the UK recently. The nasty winter weather could be playing a major role in the uptick in accidents, as several insurers have seen incidences of car accidents rocket upward in conjunction with the extreme conditions. Insurer AA Insurance recorded as much as a 100 per cent increase in their weather-related car accidents, which leads many industry experts to believe that the number of personal injury compensation cases will most likely be on the rise as well.
Ten pharmaceutical workers in Swindon have suffered injury claims after coming into close contact with toxic chemicals. As their work accident claims saw them develop a condition known as allergic contact dermatitis, their employer has been fined.
Ten of Blagrove based Catalent Pharma Solutions’ employees developed an irreversible and painful skin condition once they had come into contact with a chemical called olanzapine. The substance is part of the process of manufacturing antipsychotic medications.
After the personal injury claims were brought to the attention of the Health and Safety Executive, an inspection was conducted of the incidences. The inspection found that Catalent had previously identified the substance as possibly causing previous cases of dermatitis, a skin condition. Despite this the company had neglected to act on these findings. Moreover Catalent Pharma Solutions did not conduct a review of the procedures for its risk assessment following the initial dermatitis incident.
The pharmaceutical company entered a plea of guilty at Swindon Magistrates Court for breaching Health and Safety at Work Regulations. As a result it has been assessed a £50,000 fine. Additionally it now has to pay costs of more than0 £50,000 in addition to its fine.
An inspector for the Health and Safety Executive stated that allergic contact dermatitis is both irreversible and uncomfortable. The disease can cause skin to crack and bleed, added the inspector. The HSE official also stated that Catalent could have easily avoided additional cases of the skin ailment by simply reviewing its risk assessment.
Many employees who come to suffer from an illness they contract in their place of work go on to make personal injury claims for compensation from their employers. No information was available as to whether the ten employees of Catalent plan on filing such claims however.
One accident claim has led to the death of an electrician of Polish descent after a terrible fall. As a result his employer, a Netherlands-based fumigation company, has been heavily fined.
Robert Schmelter had been working in the Kenton, Suffolk premises of Anchorage Storage Ltd installing fumigation units when the work accident claim occurred. He was there at the behest of fumigation company Bergwerff Numansdrop BV. The Dutch company trades as ECO2 BV in the UK.
Mr Schmelter’s last moments were described during a hearing at Ipswich Crown Court. The electrician lost his footing whilst descending a ladder. As a result he fell to the floor below head first. After being rushed to hospital Mr Schmelter succumbed to his injuries and passed away.
The Health and Safety Executive conducted an investigation of the incident. Its findings indicated that the electrician’s work had been neither planned or supervised properly. After the company admitted to breaches of Health and Safety Regulations, it was given a fine of £60,000. Additionally it was instructed by the court to pay costs of over £21,000 as well.
After the hearing, one inspector for the HSE commented on how avoidable the tragic accident had been. If the Dutch fumigation company had chosen to carry out their legal obligation to ensure their employees’ safety Mr Schmelter might be alive today, the inspector stated.
One of the major causes of work accident claims are falls from height. In excess of 4,000 serious accident claims occurred in just the last year. Industry experts agree that the costs associated with HSE fines and personal injury compensation claim cases are much higher than the costs of conducting risk assesments or providing proper levels of supervision and planning on work sites.
No information was available in regarding Mr Schmelter’s surviving family members’ plans to file such a claim in the immediate future.
One landlady has decided to pursue a personal injury claim against one Henley based pub company after a work accident claim involving a ladder. The claimant is seeking nearly £100,000 in damages.
Plowden Arms pub operator Mira Bateman is seeking personal injury compensation for a 2007 New Year’s Day injury involving the ladder. Whilst climbing to the attic of the pub, the 55 year old landlady fell as the ladder slipped. Mrs Bateman blames the eye designed to hold the hook at the top end of the ladder for her fall, which resulted in her losing consciousness whilst she hung from one of the ladder’s rungs by her neck.
Rupert Croft, Mrs Bateman’s accident solicitor, claims that Brakspear neglected to meet their duty of reasonable care in correcting the defective ladder. Mr Croft stated that Brakspear either knew or should have known about the faulty ladder eye hook.
Mrs Bateman’s injuries related to the fall include inflammation of her tendons and a fracture in multiple vertebrae in her back. Despite the pain her injuries cause her, she continues to serve as operator of the pub.
Brakspear had been notified of Mrs Bateman’s injuries. However according to Mrs Bateman the firm offered no help. In comparison Brakspear has stated that Mrs Bateman’s claims are completely unfounded and will not be communicating with Mrs Bateman or her solicitor until the case is reviewed internally.
In addition to pursuing her personal injury claim against Brakspear, Mrs Bateman has levied additional accusations against the firm. According to Mrs Bateman, Brakspear has imposed selling prices that are unfair. They have done so, she claims, by captialising on their dominant position as sellers in the local marketplace.
The manufacturing industry is notorious for work accident claims due to negligence on the part of an employer. Time and again employers are issued warnings by the Health and Safety Executive on how to avoid accident claims, but still workers continue to become injured.
Once again, due to a terrible injury that resulted in the ultimate amputation of several fingers from a worker’s hand, one company has been issued a hefty fine.
John Watson suffered his injury claims in June of 2009 after almost two decades of working for Komatsu UK Ltd. Mr Watson had been tasked with drilling holes in steel plates in order to provide the factory with storage racking, but while conducting the task the drill became entangled in his gloves. As a result his hand came into contact with the drill’s spinning bit.
Mr Watson’s hand injuries were devastating. The incident led to the amputation of several fingers on his right hand. His middle finger was partially removed between the second and first knuckles. Additionally his third finger was completely amputated. Mr Watson also needed to have a piece of bone surgically removed from his hand. As a result, the factory worker has been unable to return to work.
After the Health and Safety Executive conducted an investigation of the factory, the regulatory body found that the drilling machine had no guard on it that would have prevented dangerous moving parts coming into contact with workers’ hands. Additionally the HSE found that Mr Watson had not been issued warnings regarding the dangers inherent in wearing gloves whilst operating such machinery despite the known entanglement risks.
The firm entered a plea of guilty in regards to their breach of the Health and Safety at Work Act. As a result of their plea, the High Court assessed Komatsu UK Ltd with a £6,000 fine.
After an overtaking motorist crashed into them, one couple’s motor accident claim has led to a £6,000 personal injury compensation award.
The traffic accident claim occurred last February early in the morning. Witnesses saw Damian Pritchard driving along the A379 in his Vauxhall Astra overtaking the couple. This was despite the dark, wet weather conditions and the rate of speed of nearly 60 mph at which the couple were traveling.
Mr Pritchard was described as attempting to overtake a bus and lorry. The two vehicles were traveling nose to tail at the time. Firs Mr Pritchard was unsuccessful. Upon a second attempt Mr Pritchard collided head-on with a Mini coming from the opposite direction. The incident occurred on a stretch of road that had a blind curve.
The Mini’s driver was afflicted with whiplash from the collision. Moreover the passenger, the driver’s pregnant wife, suffered from a broken hand and collarbone. Both wife and husband were so injured in the collision that they missed several days of work during their recovery. Additionally they were faced with the suddenly very real fear that their unborn child might have been injured in the traffic accident as well.
Mr Pritchard entered a plea of guilty of dangerous driving at Plymouth Crown Court. His sentence, which was suspended for the span of two years, included a jail sentence of four months. Additionally he has been banned from driving for three years as well. Mr Pritchard also faces the task of performing 200 hours’ worth of unpaid community service.
Finally, Mr Pritchard was ordered by the presiding Judge to remit £6,000 in personal injury compensation to the injured couple for their missed work, their medical costs, and their pain and suffering.
One instance of medical negligence has recently led to a paralysed man’s personal injury compensation award.
Essex native Steven Johns was nineteen years of age and living in London when he developed a spinal abscess. Upon attending hospital, his doctors neglected to diagnose his condition correctly. This led to Mr Johns suffering a personal injury claim regarding an infection with left him with paralysis from the neck downwards.
Now twenty three years old, Mr Johns has had to have a tracheotomy in order to make it easier for him to breathe. The medical procedure involved surgically inserting a tube into the man’s neck.
After Mr Johns made a personal injury claim against the hospital, liability for the incident has been accepted by them. Now Mr Johns’ personal injury lawyers are working hards to put together a financial award that will pay for not only his ongoing medical needs but also act as compensation for his earnings loss due to his paralysis.
Mr Johns stated that he no longer felt comfortable in trusting general hospitals following the incident. In regards to the compensation he will be receiving, the paralysed man stated that he would much rather be able to walk once more.
Mr Johns has received some support, according to a NHS Litigation Authority spokesperson. The spokesperson declined to comment further due to the ongoing nature of the legal discussions.
Due to the debilitating nature of Mr Johns’ injuries the amount of personal injury compensation he may receive could be in the millions of pounds, say industry experts. Additionally, compensation figures take into account life expectancy for the victim. Due to the fact that Mr Johns was only nineteen at the time of the incident, this could also result in a sizable compensation package for the paralysed man.