After being the recipient of injuries that have been called “catastrophic,” a man has been awarded High Court damages of almost £14 million in a medical negligence claim related to a kidney donation to his father.
Sitting in London, Mr Justice Spencer was told that the 38 year old – identified only in High Court documents as XYZ – lodged a personal injury claim after a February 2008 transplant operation.
During the removal of the man’s right kidney, his left kidney suffered an irreversible failure. As a result XYZ then was in need of an immediate transplant himself, which he was lucky enough to receive from his sister. Elizabeth-Anne Gumbel QC told the High Court that XYZ paid a dear price for coming to the aid of his father.
The Trustees for Portsmouth Hospitals NHS admitted liability in the personal injury compensation case based on the determination that the surgeon who conducted the procedure was reckless in addition to negligent. The surgeon is also to be subjected to General Medical Council proceedings for his actions.
Concerned with compensation assessment matters, the four-day-long hearing is due to the Trust’s disputation of a portion of the injured party’s claims, especially those in regards to his medical expenses and future projected earnings losses. Compensation for both amounts are considered to be potentially substantial.
Ms Gumbel stated that in order to give his father a higher quality of life for his retirement, XYZ was motivated to make kidney dialysis treatment for his father unnecessary. While this kidney donation was achieved with success, she added, the claimant did it at great cost to himself due to the life-threatening, torrential haemorrhaging that occurred throughout the course of the surgical procedure.
Ms Gumbel also added that the life of XYZ has been truncated by approximately 10 years as a result. Additionally the man now faces another transplant sometime in the inevitable future, considerable problems to his health, and also has experienced the traumatic nature of undergoing dialysis himself as well.
After three years of negotiations, An Arctic cruise ship operator that ventured dangerously close to a glacier admits liability for the accident claim the manoeuvre caused.
The cruise was circumnavigating the Norwegian Svalbard islands in order to showcase the beautiful wildlife and sights in the area to its passengers when the incident that lead to the personal injury claim occurred. As the ship pulled up alongside the Hornbreen glacier in order to get a close look at the gargantuan floating island of ice, the glacier went through a process called “calving” where a large piece breaks off the surface and falls into the ocean. The ship was caught in the aftermath of the calving, causing it to be buffeted by a large wave that resulted in the ship listing 45 degrees and sending its passengers scattering across the deck like ninepins.
Kent Councillor Julian Benington was one of those injured in the iceberg calving incident. Now after a three year legal battle with personal injury lawyers, the Councillor has finally come out on top in his tussle with the operator of the cruise ship in his battle for personal injury compensation.
This declaration of victory has been made because Discover the World Ltd, the operator of the tour, has admitted liability for the incident. While there had originally been a trial set to determine responsibility for the incident for March of next year, after this latest development it will no longer be a necessity.
One of sixteen injured cruise ship passengers, Councillor Benington and his fellow group claim members are predicted to soon be in receipt of the personal injury compensation they have been seeking for the past three years. Among the injured was the Councillor’s wife, Valerie, as well.
Just as many firms will screen and job candidate that comes before them through a hiring process, personal injury lawyers will begin to use online resources to root out evidence that may indicate fraudulent or false injury claims. The aim of the new activity will be to reduce the amount of insurance fraud inevitably leads to increased costs for insurer, which is then passed along to customers through an increase in premium rates.
A shocking number of those who are seeking personal injury compensation , whether it be a purposeful injury or an accidental one, has been contradicted through a process in which comments or pictures posted to websites refute the claimants’ statements.
While originally there was uncertainty over the veracity of online evidence in regards to reducing fraudulent claims, data has shown the practice is garnering results.
The competition for clients in the personal injury sector has rocketed due to the recent increase in claims, and many lawyers have adopted the “no win no fee” model in order to drum up more business. Because of the practice no win no fee lawyers, since they only generate revenue on winning cases, have become much more vigilant in accepting clients in order to control costs.
One method employed by both prosecution and defense to control those costs is by a thorough website examination to weed out any false claims. The rising rate that online investigations are performed should impact the size of settlements made by insurance companies, experts say. Additionally the practice will result in people who have true, legitimate cases receive the compensation they require.
Thanks to a serious injury he sustained whilst working in September of 2003, a Cumbrian farm worker was recently awarded a personal injury compensation in excess of £70,000.
The personal injury at work occurred seven years ago when, while amidst harvesting potatoes as an employee of Mr. William Brown, Mr Stephen Hyndman was caught in a harvesting machine accident.
Noticing that the machine had become blocked, the then 28-year-old Hyndman attempted to clear the blockage. Unfortunately for Mr Hyndman power to the machine had not been cut properly by his colleague, and as a result of his trousers becoming caught in the machinery he was dragged in. Mr Hyndman suffered serious injuries to both his foot and leg, which were crushed. In his personal injury claim My Hyndman stated that he was permanently disabled as a result of the accident.
Once Mr Hyndman had taken his employer to court in order to receive compensation for his accident claim, the courts concurred that liability for the accident, and its consequences, lied firmly at Mr Brown’s feet. In addition to being ordered to remit payment of £71,000 to his former employee in compensation, Mr Brown was also found to be in breach of a 1998 regulation concerning the provision and use of work equipment.
Simon Davis, a personal injury specialist, commented on the case by stating that agricultural industry accidents have a tendency to cause very serious injuries. Due to both the temporary setup of the equipment and how powerful it is sometimes mean the requisite checks to safety are not made, Mr Davis said.
As farm work is something that occurs not only in all conditions but in every season of the year, Mr Davis continued, it is necessary to supply extra layers of vigilance in order to prevent tragic occurrences such as the maiming of Mt Hyndman.
An uninsured hit and run car accident claim finally pays off for the child victim of the accident.
Five years old at the time of the accident, Daniel Hennessy was struck by then 16-year-old Sajid Hussain. Hussain, who was driving illegally when the traffic accident claim occurred in 2002, drove away, leaving the young child for dead at the time.
As a result of the traffic collision, Daniel suffered serious, life-affecting injuries that have devastated his body. Daniel suffered not only a paralysing spinal injury but also sustained several head injuries and a collapsed lung during the crash. Taken altogether Daniel is no longer able to walk or stand on his own, and requires the use of a wheelchair in order to remain any semblance of mobility. Medical experts say that the extensive personal injury claims he sustained as a result of the accident will leave him in a wheelchair for life.
Hussain received a ban for two years in regards to any driving as a result of the incident. After a second driving incident involving serious bodily harm caused by his running over of a 67 year old lollipop woman only a few months later, Hussain served an 18 month stint in a young offender’s institution. Additionally Hussain was incarcerated three years ago for the offences of driving without insurance and driving while disqualified.
The Motor Insurers Bureau has stepped forward in order to provide personal injury compensation to Daniel for his injuries. This Bureau is funded by many different car insurance companies in the UK in order to provide compensation to victims hurt by uninsured drivers.
The money provided by the organisation will need to cover the needs of Daniel for the remainder of his life, so while the exact figure of the settlement has not yet been finalised, industry experts agree that it can easily end up being millions of pounds in compensation.
A female tube passenger is set to seek personal injury compensation after bring injured in a train carriage accident that resulted in several other injuries.
The incident, which involves an accident claim in which the passenger was on the receiving end of several facial injuries when a wood and canvas barrier linking two carriages became loosened, occurred at Mile End station last November during morning rush hour in London.
The passenger was sent to hospital to be treated for a two-inch long head gash and a cut to her eye. Two other passengers were also injured in the accident, yet no details have surfaced regarding any injuries they might have sustained.
The Office of Rail Regulation is also persecuting the London Underground due to the injury claims. The Underground may be facing fines of up to £20,000 for the accident, according to insider reports.
Mr Mike Stzelecki, a spokesperson for the tube operator, stated that the faulty barrier had been detected, but the London Underground failed to make a prompt and efficient removal of the barrier. Additionally the operator made the admission that they did breach the Health and Safety At Work Act. As a result, the injured woman has made a personal injury claim in order to be compensated for the suffering and pain she endured during the accident.
Following the accident however, several industry experts have come forward to reassure Tube passengers as to the safety of the transportation method. As in excess of a billion commute by Tube on a yearly basis, the transport method is still one of the safest ways to travel on a statistical basis.
A motor accident claim victim that was left with sever brain damage a decade and a half ago has recently been the recipient of a substantial personal injury compensation settlement.
Nicholas Butler was only 8 years old when he he experienced the near-fatal car accident in which Susan Prosser, his aunt, Laura Prosser, his cousin, and family friend Nikita Somes, aged seven, were killed.
The traffic accident claim involved a collision in which Ms Prosser collided with a skip lorry shortly after she she lost control of her motor vehicle. Shortly after the collision, Ms Prosser crashed into a tree after careening down an embankment.
Nicholas, the sole survivor of the accident, was rushed to hospital, only to discover that he had suffered extensive cerebral injuries which resulted in his need of round-the-clock care for the rest of his life.
Through the aid of both his family and his accident solicitors, Nicholas filed a claim with the skip lorry driver’s car insurance company. The High Court recently heard Nicholas’ case.
As a result, High Court Mrs Justice Swift approved a settlement for an undisclosed amount of compensation. Justice Swift additionally stated that the settlement should be sufficient to provide the car Nicholas requires for the remainder of his life. A portion of the settlement money will be spent on a home for Nicholas that will be adapted to cater to his special needs.
The High Court judge commented that Nicholas’ condition, which will require very careful indefinite management, is very difficult and distressing for both himself and his family.
While the final settlement amount remains undisclosed to the public, due to the nature of Nicholas’ injuries and their severity, the total sum the car insurance company will be ordered to pay most likely runs into the millions of pounds.
After being injured so severely in a car crash that she suffered debilitating paralysis, a teenager recently received a record-breaking car accident claim compensation.
Chrissie Johnson, who was injured nearly four years ago at the age of 16 in a November 2006 car collision, has spent years since the accident in and out of various care homes and hospitals as a result of her devastating injuries, which led her to file a traffic accident claim with the courts.
Chrissie suffered an extensive brain injury, which impacted both her health and her life tremendously. As a result she is nearly completely paralysed and confined to the use of a wheelchair, though she has regained the use of one of her arms through heroic rehabilitation efforts. Due to her stringent needs for everyday care, she sought personal injury compensation for her debilitating injuries.
Ms Johnson brought suit against the driver’s insurer, and London’s High Court recently decided the outcome in her favour. Initially the courts decided that she was to be paid £4 million in one lump sum, which will go towards providing a specially fitted home that will accommodate Ms Johnson’s particular needs. In addition to the large sum, the courts also ordered the insurer pay a yearly index-linked compensation payment of £300,000 in order to pay for the extensive amounts of medical care she needs as a result of the accident.
The personal injury lawyers that comprised Chrissie’s legal counsel declared that the entire value of her settlement could be in excess of £17.5 million. This high sum would be a new record in regards to the amounts that have been paid out to personal injury victims.
In related news, many insurers have been raising their premiums as of late in order to compensate for an increase in the amount of car accident claims.