One young woman has filed an accident claim against the owner of a swimming pool after she injured herself diving into it at a late night party for a total of £6 million in personal injury compensation.
23 year old Kylie Grimes injured herself after diving into David Hawkins’ indoor pool one evening. The Farnham, Surrey native claims that Mr Hawkins is responsible for the injuries she sustained under the Occupiers’ Liability Act.
Mr Hawkins, who works at a forklift truck business as a managing director, denies any breach of his duties or negligence, instead claiming that he cannot be held liable for Ms Grimes act of jumping head-first into the pool’s shallow end. Mr Hawkins’ accident solicitor stated that Ms Grimes’ actions involved an obvious risk to her own safety.
When appearing at London’s High Court, the wheelchair-bound Ms Grimes stated that the August 2006 accident and the circumstances surrounding it were a disaster just waiting to happen. Mrs Justice Thirlwall was told that either putting up warning notices or locking the pool house could have averted the incident, as Mr Hawkins and his wife had gone out for the evening but granted their daughter Katie permission to have two of her friends over.
Ms Hawkins recounted to the court how she had phoned her father to seek permission to add an additional three friends into the mix. However nearly 20 people ended up coming back to the house from the pub. Admitting that she had been slightly under the influence, Ms Hawkins also stated that there were quite a few guests that had a bit too much as well. However she denied inviting Ms Grimes specifically and additionally stated she had no expectation for people to go swimming that evening. Fearful of their safety, Ms Hawkins had turned the lights on.
After he fell from the roof of a domestic property he was working on, one Halifax man suffered serious injuries that may lead to his filing of an accident claim against his employer.
While working on a flue liner installation to the inside of a chimney at a residential building located in Cookridge, Leeds, the thirty three year old fell when the roof ladder he was using gave way beneath his feet. The worker requested that his name be withheld from the media at this time.
After he fell seven metres to the ground below, the severely injured man was rushed to hospital for treatment that lasted more than two weeks according to his accident solicitor. The consequences of his fall will stay with him for the rest of his life, which could prompt him to file a personal injury claim for damages.
The Halifax-based firm that employed the man, Fluetech Ltd of Drakes Industrial Estate located on Shay Lane, in Halifax, was prosecuted by the Health and Safety Executive for their role in the man’s injuries. Leeds Magistrates’ Court heard the case and ruled that the company was to be fined £13,500 with additional court costs of £3,873 as well.
The HSE investigation found that the firm had neglected to carry out a proper risk assessment of the nature of the work. HSE investigators also stated that Fluetech Ltd had not provided their worker with the correct equipment to complete the job safely.
David Welsh, an inspector for the HSE, stated that Fluetech had permitted an additional employee to complete the work without making any alterations to the procedures that the HSE proved to be unsafe.
More than four thousand workers suffer serious injuries in the UK every year, according to official figures.
One Galway-based accident solicitor has recently issued a statement informing the public of their legal right to personal injury compensation if they were injured through no fault of their own.
Solicitor Brendan Burke recently stated that those injured in a road traffic accident or due to medical negligence at the hands of physicians are legally entitled to seek recourse for their injuries. Mr Burke stated that many injured parties go on to file accident claims against the parties responsible for their injuries in such cases, but there are things to keep in mind if you are considering doing so yourself.
There is a two year legal limitation on bringing action against the responsible party for many types of injuries, said Mr Burke. While this is not a universal time limit, the solicitor strongly suggested seeking the advice of a legal professional if it has been nearly two years since you have suffered any type of accident in order to keep informed and not end up getting locked out of any possible legal recourse.
For the majority of accident claims, there must first be a submission to the Injuries Board before a claimant can proceed. In order to document the beginning of the process, it is of the utmost importance that the letter of acknowledgement from the Injuries Board is received and kept, as it will prove that the claimant submitted their application properly and in compliance with all relevant regulations.
The next thing a claimant will need will be a doctor’s medical report detailing the nature of the injuries sustained in the accident and how they affect the claimant’s health. While the cost of this medical report is something that must be paid up front, there is usually an opportunity to recoup its costs at a later date.
A personal injury claim is likely to be filed by a construction worker who recently suffered injuries related to his four-meter fall from a scaffolding platform.
Construction worker Kevin Clark had been working in County Durham, on the windows of a new building, when the scaffolding he was standing upon failed and collapsed under his feet. Mr Clark suffered a broken left foot and several crushed vertebrae in the resultant fall, according to the worker’s accident claim, and required a two week hospital stay.
Work accident claims such as Mr Clark’s commonly result in the need for the injured party to pursue personal injury compensation for the victim’s injuries. Such compensation awards will pay not only hospital bills but also include a compensation for time missed from work due to convalescence or any permanent damage sustained by the victim that could feasibly limit his or her capacity to earn a living. Many such injured parties feel the need to seek legal advice from an accident solicitor.
The Health and Safety Executive launched an investigation shortly after the incident occurred, discovering that Mr Clark’s employers, Ian Allen Building Contractors, had neglected to identify alterations that had been made to the scaffolding. Additionally HSE inspectors found that the construction firm had not performed routine inspections on the equipment, which had led their employees to use the unsafe scaffolding. Such neglect can be serious due to not only the fines that a company may need to pay for not being in compliance with Health and Safety regulations but also because of the possibility of serious injuries or even loss of life in which such regulatory breaches can result.
The firm was fined £1,500 for being in breach of the Health and Safety at Work Act.
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.
Thanks to a medical negligence claim filed by one Buckinghamshire family, they were recently awarded a £9 million personal injury compensation for actions that led to the severe brain damage of their newborn daughter.
Delays in the delivery of Amy Smith resulted in serious brain damage. The now eight year old girl suffers from cerebral palsy due to her botched delivery.
Amy’s twin sister was born twenty minutes before her at Harrow’s Northwick Park Hospital. Her severe injuries were caused by the lengthy delay between her delivery and her sister’s. As a result of her injuries sustained during delivery, Amy now requires constant care. She will never be able to live independently and will need care for as long as she lives.
Paul and Paula Smith, Amy’s parents, filed their personal injury claim on behalf of their daughter against the NHS Trust for North West London Hospitals several years ago. Only now have they been able to receive compensation in the wake of a High Court hearing in which a settlement has been reached.
The family will first receive a lump sum payment of £3.29 million. Every year thereafter an annual index linked payment will be made in order to provide the constant care Amy needs for the rest of her life.
The eight year old’s mother stated that the family was quite relieved at the settlement. She personally commented that knowing that funding for her daughter was now in place to care for her for the rest of her life took a great weight off her shoulders.
Sue Jarvis, Amy’s accident solicitor, also commented on the case. Ms Jarvis was gladdened that Amy’s family can rest assured that the injured child will be able to receive the care she needs for the rest of her natural life.
Medical negligence solicitors have begun to take issue with the number of personal injury claims that have been occurring of late, stating that the manner in which they are portrayed by the media could result in patients demonstrate wariness when it comes time to be treated in hospital.
One medical negligence head and law firm director recently commented on the phenomenon by stating that in the vast majority of cases the treatment received by patients from GPs, nurses, and doctors is exemplary.
Despite the high levels of care, the director stated, with a high level of inconsistency in the standards of care that are provided across all the different regions and hospitals can sometimes reduce confidence on the part of the patient.
There can be serious consequences for both patients and their families in the event of things going wrong during medical care or a surgical procedure, he added. Some of the worst cases his accident solicitor firm has encountered has been when a patient has died due to improper medical care.
The NHS trust in the West Midlands by itself has incurred medical negligence costs that average £11 million on a yearly basis, according to national figures. While the financial burden this places on the NHS is undeniable, injury solicitors nevertheless believe that medical negligence victims are deserving of compensation for their pain and suffering at the hands of inattentive medical professionals.
Industry experts agree that victims of a medical negligence accident claim, especially one that will profoundly impact the health of the victim in the future and the quality of their life, should deserve compensation for their troubles. Many solicitor firms believe that the NHS has a duty to learn what it can from the mistakes of the past whilst doing all that it can to prevent such unfortunate and life-changing events from happening in the future.
The incidence of personal injury claims may soon be set to rocket in the next few months in the wake of colder weather, many industry experts say; personal injury lawyers may very well be overwhelmed by a burgeoning number of claims from people who have fallen on the snow or ice and caused serious harm to themselves as a result.
Accident solicitor firms will most likely be bracing themselves for a rise in the number of claims during the colder weather as many people who suffer cold weather-related injuries explore whether they have an entitlement to personal injury compensation for their pain and suffering. Industry experts advise to carefully find a solicitor that has a positive reputation in order to have their needs met properly.
In 2009 alone there were in excess of 7,400 people admitted to hospital from ice or snow-related injuries, reports the Chartered Society of Physiotherapy. As the snow and cold weather is starting much sooner than the previous year, many industry experts are predicting that this statistic could rise significantly in 2010.
In an effort to curb the rise of personal injury claims related to injuries that occur due to winter weather conditions, insurance providers have issued warnings to their policy holders to be more careful in the coming months.
Some companies have issued warnings to drive more carefully in the dark and wet, while others have made recommendations to ensure car headlights and windscreen wiper blades are in proper working order. Other companies have been more extreme in their warnings, however; one such company, Swinton Insurance, has gone so far as to suggest to its car insurance policy holders should carry an extra pair of driving shoes the boot of their car to avoid car accidents caused by a slip of heavy-soled winter boots.
While industry experts agree that an ounce of prevention does indeed beat a pound of cure, there has been scepticism expressed on how many motorists will adopt Swinton’s recommendations.
As many of us are now travelling in the dark on our way to and from our places of work, and school-aged children will leave for their schools during the pre-dawn hours as well, one accident solicitor has warned motorists on the dangers of reduced visibility and other issues related to winter driving conditions.
There is an increased risk of road accident claims occurring to children after 3 in the afternoon in the winter and autumn, according to statistics released from the government, and this time coincides quite often with workers returning home after a long day. A great number of children will be out and about during the late afternoon and early evening hours, whether they are out walking back from school or just playing outside, but as the days grow shorter children may face a higher risk of suffering from injuries sustained in a traffic accident claim. This is especially true if the children are not wearing any type of gear that increases their visibility in low-light conditions.
Not only children have heightened levels of risk, however, according to statistics; motorists are also more prone to injury claims stemming from accidents as they drive on unfamiliar or dark roads. The risks of being in a fatal accident is considerably heightened in country areas at night with it being three times as likely to have an accident between the hours of 9:00 in the evening at 2:00 in the morning. Even those motorists with perfect vision are reduced to having 20/5o vision during night time hours.
One accident solicitor stated that statistics released by the Department of Transport show that during the 12 months preceding March of this year, road accidents that resulted in personal injury claims numbered over 161,000. Over 23,000 of those accidents resulted in either serious injury or death for those involved.
A pensioner has made plans to see an accident solicitor in the wake of a recent accident claim involving a trip-and-fall injury at a bus stop that resulted in fractures to both of her wrists.
In a report recently published by the Staffordshire Sentinel, Mrs Jean Ryder sustained the injuries while she was attempting to climb aboard a bus at a Burslem bus stop.
Mrs Ryder has stated that the personal injury claim was a result of the bus stop being left lit poorly in the wake of roadworks being carried out by the local council. Mrs Ryder also described the bus stop being so strewn with construction equipment so as to resemble nothing so much as a building site.
Due to the loose gravel and lumps of concrete everywhere, Mrs Ryder stated that she fell to the ground while attempting to step up into the vehicle.
The elderly pensioner, herself a grandmother, suffered breaks to both of her wrists that required her arms to be set in plaster for over four weeks.
Ms Ryder stated that the injuries she incurred have impacted her everyday life in a serious manner, as the simple tasks of eating and drinking have become a struggle for her.
The City Council for Stoke-on-Trent has commented that investigative efforts have begun into both the roadworks and the contractors responsible for them.
A spokesperson for the Council also stated that it sympathises with Mrs Ryder, expressing their condolences for her injuries.
Legal experts agree that if local highway departments neglect their duty to carry out proper inspections and fail to repair sections that are knowingly in need of remediation, any pavement tripping accidents that result in injuries may result in result in liability on their part.