Industry news roundup: week ended 16 Feb 2015:
A motorcycle accident claim that was made in the wake of a man sustaining crippling injuries has been decided in his favour – to the tune of £10 million or so.
So it may not give Macel Beasley back his full physical function, but the 31 year old can at least live a bit more comfortably after he’s been given the financial wherewithal to actually live his life in the wake of the motorbike accident that changed his life. Beasley, which now needs the use of a wheelchair and requires constant care after he was left with serious brain damage and a serious speech impairment, has just been given a lump sum payment of something like £4.27 million – something he plans to spend on buying a home specially adapted to his needs – and yearly tax-free annual payments of £175,000 to help pay for the 24 hour a day care he can’t survive without.
I’m not going to go into the details surrounding the injuries Beasley sustained. To be completely honest with you it’s rather gruesome – let’s just say that was cut off by a VW Golf and ended up in hospital, in a coma, for two weeks straight before he even woke up. On the way to hospital he was so injured his heart stopped not once, not twice, but three bloody times; it’s an absolute miracle this man is still alive. Long story short – once everyone took a good, long, hard look at the accident, it was decided that the driver of the VW Golf was 100% responsible for the accident. In other words, Beasley got his £10 million compensation package so he can begin to put his life back together, or at least as much as he’ll be able to do now with his permanent and life-changing industries.
Honestly it’s instances like these that break my heart. Sure, Beasley became a millionaire overnight. I can almost guarantee that if you asked him if he would trade every penny of it if he could regain his ability to walk, talk and think unhindered, he would jump at the chance. I know I would – and I’ll wager that you would as well, wouldn’t you?
Industry news roundup: week ended 8 Sept 2014:
Road traffic accidents are one of the most prevalent types of events that lead to accident claims – and it can happen to people from all walks of life.
This week’s news cycle proves that point like none other. Here are two very different types of road traffic accident claims that couldn’t be more different than one another.
First up is the tragic story of how a 94 year old pensioner died in the wake of an RTA with a police car in Clifton. Whilst the accident – which turned fatal once the poor man was taken to hospital – occurred last December, the recent inquest into his death made news headlines this past week, where it was revealed the police car was traveling 25mph over the 40mph limit in the area because it was pursuing another vehicle at the time. To her credit, the officer that had been driving the police car gave her testimony whilst fighting back tears, recounting how there was nothing she could have done to have avoided the accident thanks to the circumstances surrounding the incident.
Forensic investigators said that even if the police car had been traveling at 40mph the accident most likely would have happened anyway and that the elderly man simply timed his manoeuvre wrong and didn’t detect the presence of the oncoming police car. Still, the pensioner’s family is pursuing personal injury compensation from Nottinghamshire Police even though the PC driving the vehicle has been cleared of any wrongdoing. If you ask me the whole thing is just tragic as anything, and my heart aches for both the poor police officer that has to now live with the knowledge that she was involved in this man’s death – and the family of the poor soul that’s passed on.
Meanwhile, here’s the other side of the coin – a 26 year old on benefits who supposedly couldn’t work in the wake of a motorcycle accident claim was caught making money on the side even whilst he was on the dole. The little bastard wasn’t just being sneaky though – he was selling cannabis to his mates to make some extra cash!
And not just a little cash either, according to the police. He was stopped on the street by the fuzz where they found around £15 of the drug on him and some £700 in cash. Then at a later date there was a raid where more than 92 grams of cannabis was found – which had a street value of nearly £1,000! So much for not being able to earn a living because of his injuries!
Meanwhile the little snake avoided jail time somehow. All he has to do is perform 100 hours of unpaid work, serve a suspended nine month prison sentence, and pay the £100 surchareg for his drug rehabilitation. And who says crime doesn’t pay? Cheeky bastard.
One motorcyclist has claimed a ‘substantial’ but undisclosed personal injury compensation award after being involved in a life-threatening accident with a supermarket delivery van, it was recently reported.
Paul Parkin, a thirty year old man from Lundwood, near Barnsley, was struck by the delivery van in April of 2009, knocking him from his motorcycle and suffering such extensive injuries that doctors made the decision to leave him in a medically induced coma for a period of four days. The injured man spent an additional six weeks in hospital following the accident, enduring in excess of twenty surgical procedures to repair the damage done to his body; Mr Parkin is still going under the knife even three years later in order to correct lingering issues left over by the accident as well.
As a result of his life threatening injuries, Mr Parkin decided to launch a motorcycle accident claim against the supermarket’s insurance company. The injured man’s personal injury solicitors prevailed in court, earning him a substantial compensation package, though the particulars have not been made known to the public.
Mr Parkin said in a recent interview with the Star newspaper that he had been given no choice but to give up his job in the wake of the debilitating crash. However, thanks to the damages award, the injured man need not worry about how he will pay for his incredibly expensive rehabilitation costs without a source of steady income.
Displaying an indomitable will and spirit that is quite common to those enduring life-changing injuries, Mr Parkin also said that he has the determination to return to work one day and to return to having an active and independent lifestyle, despite the sometimes excruciating pain he is nearly constantly in.
One motorcyclist has recently lost his appeal in a horse rider accident case that has left the rider once more eligible to seek personal injury compensation against the motorbike rider, legal experts recently reported.
Peter Hayward had been accused of riding his motorbike both too quickly and too close to the horse Michaela Devereux had been riding in an incident on October the 29th, 2006, resulting in Mrs Devereux being thrown by her horse and suffering traumatic brain injuries as a result. Mr Hayward was found to have slowed his rate of speed upon approaching the horse, yet had still been traveling fast enough to spook the animal, according to the October 2011 decision of the High Court in Winchester, ruling that Mrs Devereux could seek compensation by making a motorcycle accident claim, adding that Mr Hayward’s bike did indeed come into contact with her horse, even though the motorcyclist denied it.
However, Mr Hayward’s insurers made a challenge to the ruling in London’s Appeal Court last month, claiming that the original decision ran counter to the weight of the evidence in the case. Permission for the appeal was refused by Lord Justice Hughes, with the judge indicating any appeal had a low likelihood of success, concluding that there was no reasonable prospect for appeal in the face of evidence indicating that a collision did indeed occur.
Unless a settlement btween Mrs Devereux and Mr Hayward’s insurers can be reached out of court, the total amount of damages due to the injured horse rider will be determined at an additional court hearing, experts say.
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 sustaining serious injuries in an RTA where he collided with a car, one motorcyclist is set to claim £300,000 in personal injury compensation from the driver.
Pudsey, West Yorkshire native Robert McPherson, aged fifty five, filed a motorcycle accident claim after he sustained serious multiple injuries in a collision between a Toyota Corolla and his Moto Guzzi motorcycle.
According to a news story in the Northern Echo newspaper which revealed the details of the road accident claim, the driver of the Corolla had pulled out of a junction directly into Mr McPherson’s path. The self-employed electrician suffered hip, rib, arm, and shoulder fractures in the incident, in addition to a pulmonary embolism and a serious pelvic injury.
The motorcycle rider has since launched a personal injury compensation claim against Michael Kitching, the driver of the Corolla, for a total of £300,000 in compensatory damages, according to the newspaper article. Documents presented to the High Court in Leeds describe how negligence on the part of Mr Kitching caused the collisions.
These court documents also say that Mr McPherson’s myriad injuries have had a deleterious affect on his electrician business. Mr McPherson no longer has the capability of carrying out the same duties he did previous to the accident, according to these court papers.
The driver of the car has made an admission of liability for the road traffic accident, according to the court papers. A letter sent from Mr Kitching’s car insurance company confirmed this fact.
No further information is available regarding any possible settlements out of court between Mr McPherson and Mr Kitching’s insurance company at this time.