A woman from Nottinghamshire has recently won her appeal, allowing her to claim personal injury compensation against the driver of the police car that struck her while in response to an emergency call.
Rebecca Ann Smith, twenty three years of age, had been crossing Canal Street in Nottingham city centre when she was struck by a speeding police car. She suffered massive, persistent brain injuries in the accident, which saw her thrown over the bonnet and coming to rest on the roof of the police car, and launched a car accident claim against the Nottinghamshire Police Force for her injuries.
However, Ms Smith was barred from seeking compensation after a Nottingham County Court hearing found her 75 per cent responsible for her own injuries. The injured woman’s personal injury lawyers appealed this decisoin at the Court of Appeal in London, resulting in a ruling that the driver of the vehicle must be held responsible for the incident.
The original verdict of the County Court had been incorrect, according to Ms Smith’s legal team, who made the argument that the police driver had been acting in a negligent manner. Now that the appeal court has reversed the original court’s decision, the injured woman could now receive compensation for her injuries, with industry experts making an estimate of one million pounds or more, especially if her injuries will require extensive lifetime care.
The Nottinghamshire Police Force declined to comment on the recent reversal when given the opportunity to do so by the media.
A young mother in her twenties sustained severe spinal injuries after taking a spill down a Range store’s lift shaft located in Colchester and has decided to launch an accident claim in the aftermath.
According to personal injury compensation experts writing for the Braintree and Witham Times newspaper, the unnamed woman, had been shopping at the Cowdray Avenue store with her son, a ten month old child in a trolley. The young mum summoned the lift and took a step backwards, expecting to find the lift platform under her feet, only to discover that its doors had opened prematurely, sending both her and her infant son to drop to the ground floor through the open lift shaft.
The young boy luckily escaped serious injuries and was discharged from the Colchester General Hospital later that day with heavy bruising. However, his mother was not nearly as lucky, as according to her personal injury claims she suffered fractures to her spine and still remains in hospital.
In the wake of her serious injuries, the young mother, with the aid of her fiancé, has brought a claim against the store, which has been assisting with the investigation but has yet to accept liability for the incident. A Range spokesperson said that the store was working in close concert with both the Colchester Council and the Health and Safety Executive in order to discover the root cause of the injuries sustained by the woman and her young son.
After suffering injuries whilst attempting to move an elderly patient, one ambulance technician has made a £60,000 work accident claim against his employers, personal injury compensation experts recently reported.
Paul De Lara, a fifty seven year old Scottish Ambulance Service veteran, missed eight months of work due to a serious ankle injury he sustained as a result of the elderly patient’s stairlift, according to his accident claim. Mr DeLara’s claim is not the only one to be brought against the ambulance service as of late, as another employee, Lynn Sutherland, a paramedic with the company, recently made a £100,000 claim after she was the victim of a violent attack from a teenage patient.
The circumstances surrounding Mr De Lara’s injury occurred after responding to an elderly patient in distress at his home. Upon attempting to move the victim to hospital for treatment, the stairlift on the patient’s stairway proved a significant obstacle, resulting in Mr De Lara and a colleague to become stuck half-way down the stairway with the patient.
A second crew from the ambulance service was called to the scene in order to assist, bringing a special chair to transport the elderly patient. Mr De Lara, who had never received any training in using the chair, was needed to lift it over the stairlift, with the claimant said ‘went heavily’ over his ankle, resulting in a ruptured ligament in his foot and requiring a recovery routine of 53 phisiotherapy treatments, steroids, and anti-inflammatory injections.
Mr De Lara claims that his long recovery left him suffering lost wages but also with an inability to enjoy many of his hobbies, such as going to the gym, walking, and running. However, the claimant’s employers have decided to contest his compensation case, contending that he knew to both call for assistance if the situation required it and that he was also given risk assessment training as well.
Injury solicitors have recently warned that the new Legal Aid bill will limit access to justice to many victims of medical negligence.
Harlow-based personal injury lawyers Attwaters, located in West Gate, remark that the reforms, which are designed to cut Government costs, will ‘deny justice’ to vulnerable claimants, as legal professionals will no longer be able to rely on no win no fee conditional fee agreements, as the reforms seek to restrict their ability to charge success fees to defendants. David Kerry, medical negligence expert and law firm partner, recently remarked that the proposals need to be rethought by ministers, adding that many firms throughout the UK have deep concerns that Legal Aid withdrawals from medical negligence claimants will severely limit their access to justice.
With so many claimants suffering and in pain, and possibly not even able to work, their only” recourse would be to rely on no win no fee arrangements, even though many solicitors may be reluctant to take up a complex case due to the limitations placed on their ability to collect success fees by the proposed legislation. This could leave these highly vulnerable claimants with no access to justice, Mr Kerry warned, and could result in children with permanent brain damage from a birth injury lacking the financial support they would throughout their life.
The NHS’s additional claims investigation costs would more than wipe out any savings made by the Government through the Legal Aid bill’s changes, he also said. Mr Kerry’s concerns are shared by Rob Halfon, MP for Harlow, who said that he will campaign for Legal Aid bill concessions to be made as it makes its way through Parliament.
One paralysed student from Sheffield was recently awarded personal injury compensation in the wake of a car accident, as the RTA has left her with injuries that will require lifelong care.
South Yorkshire native Rosie Mayes had been only twenty years of age when she was involved in a road traffic accident involving a car that was driven by her former boyfriend that left the road and collided with an embankment, coming to rest on its roof. According to motor accident claim experts writing for the Bourne Local newspaper, Ms Mayes was trapped within the car wreck for one half-hour as emergency services strove to free her from the wreckage before rushing the injured York University student to hospital.
Ms Mayes, who had been pursuing a a history degree, suffered severe spinal damage in the accident, spent more than ten months in hospital as she recovered. However, the young woman is now confined to a wheelchair due to her tetraplegia and now needs 24 hour a day care.
The insurance company for the driver of the car was named as a defendant in Ms Mayes’ compensation claim, resulting in a lifelong care cost award made to the paralysed student for what could turnout to be worth millions of pounds. Ms Mayes’ father, who spoke to the press in the wake of the hearing at the High Court in Leeds where her daughter was awarded the right to compensation, described Ms Mayes as an inspiring figure, as she has returned to her studies at university, demonstrating the determination to continue to live her life regardless of her debilitating injuries.
After a pensioner slipped on a wet floor at Tesco and suffered a broken bone in his foot, the eighty year old man has won his accident claim against the supermarket giant, being awarded a personal injury compensation sum thought to be in the four figures, experts say.
Ronald Fryer, eighty years of age, had been shopping at his local Tesco branch in Worcester when he injured his foot after slipping on the wet floor, according to personal injury claims experts writing for the Worcester Standard newspaper. Mr Fryer, who was then rushed to the Worcestershire Royal Hospital after the fall, discovered that he had suffered a metatarsal fracture, a foot injury that is normally encountered by athletes and footballers.
The pain that the eighty year old man experienced was ‘unbearable,’ according to his interview in the newspaper. In fact, the only thing he could compare it to is an injury he sustained more than four decades ago in his own footballing days, when he had no choice but to hang up his boots following a badly timed tackle. Mr Fryer claimed against Tesco for compensation and prevailed, winning an amount that has not been made public but is understood to be in the neighbourhood of four figures.
The supermarket giant had neglected its duty of care by leaving the wet floors of its Worcester branch accessible to customers, said one representative from Mr Fryer’s legal team. As a result, Tesco agreed to pay a suitable compensation figure as a result, though when approached for comment, the supermarket chain declined to comment on the incident other than to admit that there was indeed an incident that occurred at the store in question.
One medical negligence claim has seen a ten year old girl from Northamptonshire severely disabled at birth win a personal injury compensation award in the multi-millions.
According to accident claim experts writing for the Northampton Chronicle newspaper, the Dodford, Daventry girl, Hannah Louise Gudd, had suffered from oxygen deprivation during her Northampton General Hospital delivery. As a result of being starved of oxygen, Hannah can neither eat solid foods, nor can she see, due to her cerebral palsy.
Emma Gudd, the girl’s mother, launched a medical negligence claim against the hospital on behalf of her daughter on the grounds that NGH staff acted negligently, leading the devastating injuries suffered by Hannah. The hospital has since admitted their role in Hannah’s pain and suffering, with London’s High Court agreeing on a settlement to be paid to the ten year old and her family to provide for her long-term care needs for the rest of her life.
Hannah’s family will receive a £1.15 million lump sum payment under the settlement, while every year thereafter they will be given tax free and index linked payments of £135,000 per annum over the next seven years. Then, starting in 2019, Hannah’s payments will increase to a total of £225,000 a year until her death.
In the aftermath of the court hearing at the High Court in London, Hannah’s mother and father said that they were relieved that the legal action is finally over and done with. Her parents added that they were grateful to have the funds needed to provide for Hannah’s ongoing needs, as the ten year old requires around the clock care in order to function.
A family from Hampshire recently launched a motor accident claim for the injuries sustained by a young schoolboy after he was knocked down by a car, with the boy’s parents seeking in excess of £300,000 in personal injury compensation, experts say.
Troy Brooks, eleven years of age, had been trying to cross Hampton Lane after leaving Blackfield Junior School so he could meet his mother when he was involved in the traffic collision. In the wake of the RTA, young Troy was rushed to the Southampton General Hospital for treatment, regaining consciousness after ten days in a coma only to discover that he had been left with permanent brain damage from a bleed on the brain, according to the family’s personal injury claims.
An article recently appearing in the Daily Echo newspaper reported that Troy’s family has made a claim against the Fawley native Sophie Lennards, the nineteen year old driver of the vehicle, for negligence by exceeding the speed limit and for not taking steps to avoid the collision. Rona Brooks, Troy’s forty four year old mother, said in an interview with the newspaper that the family’s life was completely destroyed by the accident, and that their existence had been ‘worse than a nightmare’ ever since.
If successful in their compensation claim, the Brooks family could stand to receive a substantial damages award for not only young Troy’s pain and suffering but to provide for the child’s medical needs for the foreseeable future as a result of the injuries he sustained in the traffic collision.
One Londoner was recently awarded £750,000 in damages in a successful car accident claim due to the serious personal injuries she sustained in a multi-vehicle RTA, industry experts report.
Devbai Patel, a sixty year old residing in Neasden on Carnfield Avenue, had been struck by a truck that had hit a brick wall after it collided with a Peugot that had been sent careering out of control with its own collision with a Vauxhall on Neasden’s North Circular Road. The freak series of events killed the driver of the truck and injured Mrs Patel, according to the mother of four’s personal injury claims.
In a recent article in the Brent and Kilburn Times newspaper, it was reported that the sixty year old woman sustained serious and life altering injuries due to the accident, including but not limited to several fractured bones and a severe injury to the head with left her with serious brain damage. Thanks to the aid of Kunverji, her husband, Mrs Patel launched a personal injury compensation claim against the insurance provider of the individual who had been driving the Vauxhall at the time the accident was initiated in all its deadly, Rube Goldberg-like glory.
The insurers admitted full liability for the accident and entered into a settlement agreement with Mrs Patel, who received £750,000 in a lump sum payment. The sixty year old mother of four will also receive tax free, index linked payments annually of £25,000 in order to cover the cost of the care she now requires for the remainder of her life.
The Vauxhall’s driver faced criminal charges of causing death by dangerous driving and was convicted of the offence.
The bereaved mother of a deceased child recently settled her medical negligence claim against the hospital that caused the death of her newborn son, personal injury compensation experts recently reported.
29 year old Sarah Wallace brought her medical negligence claim on the grounds that her son was given improper treatment following his birth three years ago. Hospital staff had neglected to follow procedures that could have aided her child survive, according to Mrs Wallace’s accident claims.
The NHS Trust for the hospital remarked that the circumstances surrounding the death of the child were regrettable. Mrs Wallace’s pregnancy had been a difficult one after being diagnosed with placenta previa, a condition where her placenta lied lower than it normally should, and one that necessitated her son, Harry, to be born eight weeks ahead of schedule in September of 2009.
Harry, who weighed less than 4lbs after his emergency Cesarean delivery, was rushed to the Special Care Baby Unit immediately, but neither of his parents were informed that the child was encountering difficulties. Mrs Wallace claims that she ‘was kept in the dark’ by hospital staff, and that if she had any idea that baby Harry was close to death, she and her husband Scott would have moved mountains to be there for him.
Instead, the child died with his parents never seeing him, with Mrs Wallace’s solicitors claiming that the newborn’s death may have been caused by hospital staff neglecting to follow proper procedures for placing the child on respiratory support and failing to institute an urgent transfer to a Leeds specialist unit.