Injury Compensation News

Child Compensated for Scrambler Bike Injury

August 21, 2016

An anonymous young girl, who was permanently scarred after the handlebars of a motorcycle collided with her face, has been awarded a five-figure settlement of compensation for her injuries.

The seven year-old girl, who has remained anonymous throughout proceedings, was injured whilst she was playing outside with her friends in her village in Co. Armagh. Aged just four at the time, the child was injured when a passing motorcycle scraped her cheek with its handlebars.

The friction cut a hole in the child’s cheek and caused significant dental damage. Additionally, there was psychological trauma as the seven year-old now has a fear of motorcycle sounds and still suffers nightmares.

Acting on her daughter’s behalf, her mother – who has also remained anonymous – claimed for personal injuries compensation against the negligent motorcyclist through the Motor Insurers’ Bureau. Liability was conceded by the bureau and the case went to the courts in Belfast for assessment.

Mr Justice Stephens oversaw the damages hearing, was told of the psychological damage the incident has had on the young girl. He was told that she was timid and clingy at the sound of a motorcycle. For weeks after the accident, she would scream when a motorbike approached.

Judge Stephens also assessed the scar that was left by the accident. He commented that “when the plaintiff smiles, expressing happiness and enjoyment, the impact of the smile is spoilt by the scar becoming markedly indented.”

He proceeded to describe the girl as “relatively shy”, and noted that the scar would probably impact her self-esteem as she grew older. The nature and placement of the scar means that plastic surgery is unlikely to repair any damage.

The court awarded the little girl £90,000 in damages for her injury, compensating for both the physical and psychological effects.

Read More

Family of Pensioner Seeks Compensation for Injuries after Fall in the Street

May 7, 2015

The son of a pensioner who tripped and fell over a raised paving stone believes that she is entitled to compensation for the injuries she sustained from the fall.

The incident occurred when Gwendoline Smith, seventy-six, of Noak Bridge, Essex tripped over the raised edge of a path after alighting from a bus in Southend. Several injuries were sustained as Mrs. Smith fell badly on her left side and hit her head on the path as she fell. An ambulance was called to the scene, and Mrs. Smith was then brought to Southend Hospital where she received medical attention for her injuries, including suspected fractures to her knee.

Mrs. Smith still seeks medical attention from her local hospital in Basildon for conditions resulting from her fall, including headaches, pains in her back, shoulders and legs and lumps on her head. Additionally, Mrs. Smith has experienced difficulty speaking since the incident, but doctors consider this to be a short-term ailment arising from injuries to her face.

Mrs. Smith’s son, Michael, believes that his mother should receive compensation for her injuries, as she was not at fault in the incident. However, making such a claim for compensation after tripping and falling in the street is not straight-forward, and the court will need to examine what sort of hazard was posed by the cracked paving stone and how close it was to the bus stop. The much-cited “one-inch” rule, where a successful compensation claim can only be made if a paving stone is raised by one inch, is mythical.

If the crack appeared not long before the incident, Mrs. Smith may not be entitled to compensation as the local council may not have had adequate time to carry out repairs on the path. If the crack was recent, the council may not be liable for any injuries caused by falling in the street. Additionally, the council does not have an outright duty to find and repair broken paving stones. A council spokesperson assures that the council take such matters seriously, and a representative of their Environmental Care team will assess the area where the accident occurred.

 

Read More

Broken Shop Sign Compensation Awarded to Woman (61)

January 23, 2013

Broken shop sign compensation has been awarded at court after woman was inflicted with a head injury when a sign fell apart from its fascia.

The court was told that the female, Ms Benham, was walking passed by Reds shoe shop in Bournemouth during October 2010, when the metallic 15 feet long sign for a shop dropped from the fascia and banged her on the head.

Mrs Benham (61) was at  treated by emergency medical services at the scene of her accident after an eyewitness to the incident called 999, and following this she was rushed to the Royal Bournemouth Hospital where it was found that she had a blunt closed head injury which needed to be treated.

Upon recovering from her initial trauma, Ms Benham spoke to her legal counsel before registering a accident injury compensation claim for a broken shop sign injury against the tReds firm – stating that not only had she suffered a head injury due to their failing to maintain their duty of care towards her, but had that she had also continually suffered due to anxiety the year after her accident.

The firm that owns and is responsible for the shoe store – Treds LLP – did no accept liability for Ms Benham’s accident and injuries and decided to contest the case that she took against them, claiming that they carried out, as standard, regular visual inspections of the store sign which eventually broke. Court proceedings against Treds LLP were then issued as no settlement was able to be reached by the parties involved in the incident.

At court, Ms Benham’s team of legal advisers showed that the shop sign had fallen due to the fact that the fascia to which it was attached had become rotten and worn. As tReds put in place only a limited system of inspection from ground level they were unable to discover that rot in the wooden fascia board. Judge Maston found in the claimant’s favour and awarded Ms Benham £1,800 in compensation.

Please refer to this site for more information about supermarket accidents.

 

Read More

Child Wins Large Settlement in Cycling Injury Claim

July 22, 2012

A boy, who suffered head and leg injuries after his bicycle was struck by a vehicle, has had the settlement of his child cycling injury claim granted approval by the High Court in Dublin.

Bartosz Zakrzewski (11), sustained the injuries in July 2010 when he was only nine years of age. As he rode his tricycle he was hit by a car driven by Caitríona Kelly. The impact of the collision was so bad, Bartosz was thrown several metres from his bike and sustained significant head injuries, lacerations all over his body and a broken leg.

Acting through his mother, Monika, Bartosz made a child cycling injury claim against Ms Kelly – alleging that she had been negligent in her driving and had acted in breach of her duty of care. Ms Kelly denied the allegations and, due to the potential amount of child cycling injury compensation that Bartosz might have received for his injuries, the case was scheduled to be heard at the High Court.

However, shortly before proceedings were due to commence, the High Court judge due to hear the case – Ms Justice Mary Irvine – was informed that the child cycling injury claim had been resolved without admission of liability and a settlement of 100,000 Euros in compensation had been agreed between the two parties. Ms Justice Mary Irvine approved the settlement, stating that she had sympathy for both sides.

Read More

Child Cycling Injury Settlement Approved in Court

July 19, 2012

A boy, who suffered head and leg injuries after his bicycle was struck by a vehicle, has had a child cycling injury settlement approved by the High Court in Dublin.

Bartosz Zakrzewski (11), sustained the injuries in2010 when he was just nine years of age. As he rode his three-wheeled tricycle along An Coran Street in Birr, he was struck by a car driven by Caitríona Kelly. Such was the severity of the impact of the collision, Bartosz was thrown several metres from his bike and sustained significant head injuries, lacerations all over his body and a broken leg.

Through his mother, Monika, Bartosz made a child cycling injury claim against Ms Kelly – claiming that she had been negligent in her driving and had acted in breach of her duty of care. Ms Kelly denied the claim and, due to the potential amount of child cycling injury compensation that Bartosz might have received for his injuries, the case was scheduled to be heard at the High Court.

However, shortly before proceedings were about to get underway, the High Court judge due to hear the case – Ms Justice Mary Irvine – was informed that the child cycling injury claim had been resolved without admission of liability and a settlement of 100,000 Euros in compensation had been agreed between the two parties. Ms Justice Mary Irvine approved the child cycling injury settlement, stating that she had sympathy for both the Zakrzewski family and Ms Kelly.

Read More

Child Awarded Injury Compensation for Tripping on Pavement

May 5, 2012

A twelve year old girl has been awarded 20,000 Euros in Dublin´s Circuit Civil Court as injury compensation for tripping on pavement and sustaining a permanent cut from her accident.

Kodie Geoghegan Dowdall, from Ballymun in Dublin, was just seven years of age when the accident occurred in December 2006 as she was on the way to visiting her aunt who lived close by. Passing by a construction site managed by SIAC Construction of Clondalkin, Dublin, Kodie tripped and fell into a hole dug by the construction company.

Kodie suffered cuts and bruises in the accident, one of which became a permanent scar. Through her mother, Kodie brought a tripped on pavement compensation claim against SIAC Construction and, though they denied liability for her injuries, an offer of compensation for tripping on pavement was made without admission of liability.

In the Circuit Civil Court, Mr Justice Matthew Deery was told that the proposed settlement was sufficient to restructure the scar when Kodie turns eighteen years of age and, as all compensation settlements for minors in Ireland have to be endorsed by a judge, Mr Justice Matthew Deery approved the compensation for tripping on pavement agreement.

Read More

Man Awarded Cyclist Fall in Pothole Injury Compensation

March 13, 2012

A man, who sustained arm and wrist injuries after falling from his bicycle when hitting a pothole in the road, has won his claim for cyclist fall in pothole injury compensation against his local council.

James Tarrant (62) from Windsor, Buckinghamshire, was cycling on his way to work early one morning in October 2008 when his bicycle fell into a pothole which had formed adjacent to a manhole cover on Bangor Road, Iver. In addition to picking up arm and wrist injuries, James also had to undergo dental treatment to have a tooth extracted as a result of his accident.

After seeking legal counsel, James made a fell in pothole injury compensation claim against Buckinghamshire County Council, alleging that the road was in a bad state of disrepair and, although he had his bicycle lights on, the road was so poorly lit that he only saw the hazard when it was too late to take evasive action.

After conducting their own investigation into the accident, Buckinghamshire County Council admitted liability for James´ injuries and awarded him 4,191 pounds for cyclist fall in pothole compensation to account for his pain and suffering and the cost of dental treatment.

Read More

Woman Receives Injury Compensation for Hit and Run Injuries

February 20, 2012

A woman from Dublin, whose arm was broken when a car reversed over her after she had slipped and fallen, has been awarded 79,000 Euros in injury compensation for hit and run injuries by Dublin´s High Court.

Siofra O´Loughlin (24) from Rolestown, Dublin, was with friends on Dollymount Beach in July 2006, when she slipped on wet sand trying to retrieve a ball. While she was lying face down on the ground, a motorist reversed back over her – causing Siofra to sustain injuries to her upper arm and back.

According to the account Siofra and her friends gave the Gardai, the motorist stopped a short distance from where the accident had taken place, looked back at Siofra laying in agony on the ground, got back into his car and drove away. Siofra was tended at the scene for her injuries and then taken to hospital where it was discovered that her humerus bone was broken and there were significant abrasions to her back.

As the driver of the vehicle was never traced, Siofra made an injury compensation claim for hit and run injuries to the Motor Insurers´ Bureau of Ireland (MIBI) – the organisation funded by the car insurance industry to provide personal injury compensation to victims of road traffic accidents in which the negligent party is either uninsured or unable to be traced.

The Motorist Insurers´ Bureau of Ireland contested Siofra´s claim for compensation for hit and run injuries – alleging that there had been an alternative version of events reported to the Gardai. However, Mr Justice Iarfhlaith O’Neill at the High Court is Dublin dismissed their claims and awarded Siofra 79,000 Euros in compensation for hit and run injuries – stating that he believed Siofra´s account of events as they had been presented in court.

Read More