While it has been nearly a decade since it was closed, one injured woman’s motorcycle accident claim was recently reopened after the Court of Appeal found faults in her original legal proceeding.
Personal injury compensation experts writing for the Rutland & Stanford Mercury newspaper say that the initial accident that left Joanne Dunhill with severe brain damage, which occurred in June of 1999 when she was knocked down at a Doncaster roundabout, have left it necessary for her to live in a care home. The original personal injury claims were heard in 2003, leading to a settlement of £12,500 for Ms Dunhill, yet the Court of Appeal said that the injured woman could expect to receive as much as £800,000 in compensation if the same case was brought to court today – and some judges estimated she could earn £2 million or more.
The reason that the case has been reopened is that there had no one who had considered if Ms Dunhill could legally bee considered a patient during the 2003 case. Lord Justice Ward said in a statement that the injured woman may have been entitled for someone to conduct the proceedings on her behalf, as she might have been suffering from a diminished capacity to make legal decisions, and if this had been taken into account, the small sum that the claimant received might have been a much more substantial one instead.
With Ms Dunhill being recognised as a patient, courts would have never approved the settlement she entered into, the judge added, remarking that the litigation would have been conducted differently if it had been conducted in a proper manner.
One Lincolnshire man has made a motorcycle accident claim for the sum of £300,000 following the severe personal injuries he suffered in a RTA, experts say.
Tasman Close, Spalding native Melvyn Bottom, fifty two years of age, had been riding his silver Honda Goldwing motorbike in Peterborough, near Oundle, on the A605, when he was struck by a blue van. The driver of the van, Warmington native David Borrett, pulled out of a side road into Mr Bottom’s path, according to the motorcyclist’s personal injury claims.
Mr Bottom sustained severe injuries to his wrist, back, and head in the injury. The fifty two year old also claims to have sustained psychological damage in the incident as well.
Both the van and the motorcycle suffered serious damage in the incident, with the A605 having to be closed for one-half hour as investigators conducted an inspection of the scene before the wreckage was cleared from the roadway. Mr Borett’s insurance providers have admitted liability for the incident, but both parties have yet to reach an agreement as to how much damages the injured motorcyclist should be entitled to receive.
A neurosurgeon, a clinical psychologist, a spinal surgeon, and an orthopaedic surgeon have all given evidence to the High Court in London regarding Mr Bottom’s injuries. However, additional medical evidence is still to be heard on account of the severity of fifty two year old man’s injuries.
Injury experts say that Mr Bottom could very well receive nearly all of the £300,000 that he is claiming, if the remainder of the evidence supports such a high sum. Damages could cover not only his pain and suffering but the cost of any long-term care he may need and for missed work as well.
After a motorbike struck her horse and caused her to fall, one injured horse rider has made a motorcycle accident claim and looks poised to receive personal injury compensation for her pain and suffering.
In October 2006, when the incident occurred, Michaela Devereux had been in the New Forest riding her horse alongside her husband when the married couple came across a motorcycle rider that was traveling towards them from the opposite way, according to personal injury claims experts familiar with the accident. However, while the rider was approaching them, Mrs Devereux says that they lost control of the motorbike, causing a collision with her horse, causing the animal to bolt upright and toss her down to the ground at its feet, with the woman suffering serious injuries to her head as she tumbled from the saddle.
However, the rider of the motorcycle has instead claimed that the horse simply took fright as he approached, refuting Mrs Devereux’s claim that the rider and bike struck the horse. Unfortunately for the rider, a court hearing in the final days of October came to the conclusion that there was sufficient evidence to indicate a collision did indeed occur, according to a recent issue of the Horse and Hound, with further evidence suggesting that the motorcycle rider had been traveling at an excessive speed.
Due to this recent ruling, Mrs Devereux now stands to claim the entire amount of her personal injury compensation, since the courts have decided that the motorcycle rider will bear full and complete liability for the accident.
More than six years after one Watford native sustained severe injuries to his brain and face in a RTA just down the road from his home, a judge has finally approved his motorcycle accident claim for a substantial amount of money.
28 year old David Scott Buchan, of Leggatts Way, suffered a catastrophic crash in 2005 that left him severely injured and in need of constant medical care. The High Court judge not only approved his personal injury compensation settlement but also had words of praise for Ann, Mr Buchan’s mother, for her unflagging support and hard work on behalf of her son.
Mr Buchan, who was 21 years old at the time of the accident, suffered severe head and facial injuries in the road traffic accident, necessitating a surgical procedure to insert titanium plates into his face to facilitate his recovery. In addition to sustaining injuries to his spine and ribs, Mr Buchan has been suffering from chronic fatigue, anxiety, and depression due to damage done to his brain, while his senses of smell, taste, and sight have also been impaired.
He has not been able to return to work following his injuries, and now cannot walk without the aid of a cane. Mr Buchan now lives with his stepfather and his mother, who were both in attendance with him when he was present at the Royal Courts of Justice in London.
The court praised Mr Buchan’s mother for her unflagging dedication to the health of her son after she flatly refused to take any compensation for the care she has provided to him over the past six years, with the judge calling her actions as remarkable even by the high standard of a mother’s love for her son.
After their 12 year old son sustained severe personal injuries in a motorcycle accident, one family from Hertfordshire has launched a road accident claim for compensatory damages.
According to motorcycle accident claim experts writing for the Watford Observer newspapers, Chorleywood native Nathan Atkins, of Capell Road, had been travelling as a pillion passenger on the Honda Firestorm motorbike owned by his father when it collided with a Ford Fiesta. Young Nathan was hurled from his father’s motorcycle as a result of the accident, blood seeping from his ears and nose, and was rushed to the Royal London Hospital for treatment immediately following the incident.
The 12 year old boy was then transferred to the specialised paediatric unit of the King’s College Hospital, where he was treated for more than three weeks as the injuries to his head healed. Young Nathan’s family has since launched a personal injury compensation claim against Jenniver Slavik, the driver of the Ford Fiesta.
Ms Slavik, who lives in Carpenders Park in Leigh Road, was driving negligently, causing the traffic collision due to not keeping a proper lookout and driving directly into the path of the motorcycle, according to the family’s personal injury claims.
Mrs Slavik, who has already received four penalty points on her license and a fine, has already entered a guilty plea of driving with a lack of due care and attention. The amount of compensation that may be involved in the personal injury compensation case has not yet been disclosed, but due to the severity of the young boy’s injuries, experts believe it could be as much as £300,000.
After being knocked off his bike by a lorry and sustaining catastrophic injuries in the incident, one restaurant manager recently won his motorcycle accident claim and was awarded £3.35 million in personal injury compensation by the High Court.
37 year old East Ham native Luca Meluziis had been riding through east London’s Limehouse Link Tunnel during the time of the incident in November of 2008. Mr Meluziis sustained life-changing injuries when a Hino four-axle tipper truck struck him while he rode his beloved Yamaha R6. Registered to a transport company based in east London, the lorry was nearly fully laden at the time of the accident according to personal injury claim specialists familiar with the case.
Luckily Mr Meluziis survived his encounter with the tipper truck. However as he sustained damage to both his brain and spinal cord and also suffered massive internal injuries, the 37 year old man is now confined to a wheelchair.
As his family lives on the Italian island of Capri, many parts of which are nearly completely inaccessible to wheelchair-bound people like himself, his disabilities have made it terribly difficult for him to visit them.
In the wake of the accident, Mr Meluziis’ legal representation brought the lorry’s insurance company to court which resulted in the recent seven figure compensation award in London’s High Court. As he approved the lump-sum compensation award, Judge Michael Yelton stated that it was in the best interests of Mr Meluziis to settle the claim relatively early.
Judge Yelton stated that a letter he received from the brother of Mr Meluziis was particularly compelling for him. The letter described the difficulties encountered by the family in trying to accommodate Mr Meluziis despite the inaccessible nature of the island of Capri.
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 being seriously injured in a motorcycle accident claim, one man has filed for personal injury compensation against the driver of the car that struck him.
22 year old Burim Shala had been riding in Southend during the time of the November 2007 when the accident claim occurred. Mr Shala was knocked to the ground after a Nissan clipped his bike. Victoria Read
Mr Shala suffered several injuries. His hand was broken, his ribs were fractured, and he also suffered from five fractured vertebrae as well. Additionally he suffered brain damage from the traffic accident claim.
Since the accident Mr Shala suffers from headaches. He also has developed problems with his memory and may be subject to epileptic attacks in the future.
A writ from the High Court states Mr Shala’s ability to concentrate has decreased. It also said that he has a higher tendency to be forgetful and requires aid with his finances.
Mr Shala is suing the driver of the Nissan, Victoria Read, for her role in the accident. He is seeking £300,000 in damages.
Motorcyclists make up around 20 per cent of serious injuries and road deaths, according to the Royal Society for the Prevention of Accidents. This figure is despite the fact that motorcyclists only comprise about 1 per cent of all traffic on the UK’s roadways.
For those hurt in a traffic collision, many legal experts recommend hiring representation to hold the guilty party responsible for any injuries.
The responsible party’s insurance provider will pay the compensation if any is awarded. In the event that the driver does not have cover sufficient to the claim, the Motor Insurers’ Bureau will step in to fill the void.
The MIB is also used when someone falls victim to an injury in which the perpetrator goes unidentified. Many hit-and-run victims are reimbursed by the MIB.
One man is in search of as much as £300,000 in compensation for his motorcycle accident claim in the wake of his devastating crash with a motor car.
The incident occurred in September of 2007 while Ben Bates was within the village of Cosby. Travelling on his motorcycle, Mr Bates was struck head-on when a passing car struck him in the midst of an overtaking manoeuvre. Mr Bates suffered serious injuries after getting knocked off his motorcycle in the resultant collision, his personal injury claim states.
In addition to receiving fractures to his right hand, left ankle, and right knee from the traffic accident claim, Mr Bates also suffered a significantly more serious injury that broke his left shoulder. Mr Bates required extensive surgical procedures to reconstruct his leg during the course of treatment for his injuries.
The Leicester Mercury reported recently that after Mr Bates was injured in the motorcycle accident, he was forced to give up his position as a warehouse supervisor. Additionally Mr Bates developed anxiety as a direct result of the incident. Additionally the newspaper reported that not only does Mr Bates have pain in his shoulder from the injuries he suffered, he may need additional surgery to his knee sometime in the near future.
Having decided to pursue personal injury compensation, Mr Bates has decided to sue the vehicle’s driver, Ms Michelle Morrall. Mr Bates claims that Ms Morrall made an attempt at an overtaking manoeuvre during a time when it would have been unsafe to do such. Having previous convictions on her record for driving without due attention and care in regards to the accident, Ms Morrall has already received points on her license in addition to a fine.
While the case is still an ongoing one, Mr Bates is in search of as much as £300,000 in damages.