Injury Compensation News

Victims of Bus Collision to Claim Compensation

May 7, 2016

A group of victims that were injured in a collision involving three different vehicles are likely to claim compensation for their injuries.

The accident occurred on the 3rd March 2016 along the Bridlington Road, Chesterfield. Two cars and a bus were involved in the collision, which injured seven of the bus passengers enough that they had to be taken to the Chesterfield Royal Hospital. One other victim, who had been driving a car, was then air-lifted to Nottingham’s Queens Medical Centre for treatment.

An investigation ensued into the circumstances of the accident, after which a thirty-seven year-old man was arrested for causing the accident through allegedly negligent driving. The passengers of the No. 70 bus have started to consult solicitors about the possibility of compensation for the accident. They are likely to make the claims once the police have advanced their investigation.

Mavis Blood, aged seventy-seven from Staveley, was one of the passengers on the bus when the collision occurred. Upon admission to the Chesterfield Royal Hospital, she was diagnosed with a bleed on her brain and many lacerations on her face. Mavis was then kept in the hospital over night for monitoring, though they determined that she escaped the accident without permanent damage.

In a statement to the Derbyshire Times, Ellen Chapman – Mavis’ granddaughter – stated that “She went to hospital and there was concern because she’s 70 she’s high risk, and they found she’s got a bleed on the brain, likely because she takes blood thinning tablets. They’re monitoring her and hoping the bleed will sort herself out.”

A solicitor representing one of the victims  also commented that “The consequences of such incidents should not be downplayed, as through our work acting on behalf of clients we have seen how crashes of this nature have left victims suffering from not only their physical injuries months after the event, but also the psychological trauma.”

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Compensation Claim for Brain Injuries After Car Crash Settled

October 26, 2015

A seven-figure compensation settlement has been approved for a young man who sustained severe brain injuries whilst a passenger in a car accident.

When Jack Mitchell, now aged twenty-three, was just seventeen years old he was involved in a serious car accident. Jack was the passenger in the front seat of his friend’s FIat Punto, and whilst the pair were driving around the suburbs of London, a fox ran out in front of the vehicle. In an attempt to avoid collision with the animal, Jack’s friend – the driver – swerved, but this resulted in him crashing the car.

Emergency units were called to the scene, and Jack was taken to hospital. His injuries included a fractured leg, broken ribs and several severe cuts to the back of his head and neck. However, the most grievous injury was the trauma that Jack sustained to his head. This meant that the then teenager had to spend three months in hospital receiving treatment before eventually being moved to a rehabilitation facility.

Three weeks after his admission to the rehabilitation centre, Jack was discharged and as such returned to his parents’ home for care. However, the short treatment he received did not prove appropriate and Jack suffered from exhaustion, lack of concentration and other behavioural issues.

Frances Mitchell, Jack’s mother, made a claim for compensation on her son’s behalf as he was still legally a minor and could not do it himself. In the claim for the crash compensation, they stated that Jack’s friend was negligent in his driving and that was a direct cause of Jack’s injury, and all the pain he suffered afterwards.

Liability for the crash was conceded by the Fiat Punto driver’s insurance company, and negotiations began between the parties to settle the compensation claim. However, whatever was agreed then needed to be approved by a High Court judge, as the person for whom the claim was made was unable to represent themselves, and as such a judge needed to approve to show that it was in the person’s best interest.

Mrs Justice Whipple oversaw proceedings when the claim was heard at London’s High Court. Judge Whipple was told of the circumstances of the incident, and of Jack’s subsequent injuries and treatment. Jack had also since moved into a residential rehabilitation centre in Surrey to help cope with his injuries.

Mrs Justice Whipple approved the agreed compensation settlement, which consisted of an initial lump sum payment and annual, index-linked payments thereafter. It is estimated to be worth £4.3 million. Judge Whipple also paid tribute to Jack’s family, commending them for the care that they showed their son over the last six years, and wished Jack all the best for his future.

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Injured Truck Driver Initiated Compensation Claim

August 12, 2015

A lorry driver has told his solicitors to begin a compensation claim after he was injured whilst helping a transit van manoeuvre past his vehicle.

The driver in question, John Finney – forty-two of Harthill in South Yorkshire – was delivering goods to the Station Hotel near Doncaster in April 2015 when the accident occurred. He stopped unloading his delivery to assist a transit van move past his vehicle in the hotel car park.

When the transit van had moved past his vehicle, Mr Finney recommenced unloading his goods and began lowering the tail-lift. As he was doing this, the transit van driver drove into Mr Finney, trapping him between the vehicles and  dragging him along the tail-lift.

An ambulance was called to the scene and Mr Finney was brought to Doncaster Royal Infirmary. He had sustained serious injuries to his back, leg and ribs, and was admitted to intensive care in the facility. There, he underwent surgery to remove part of his bowel and his appendix before being discharged eleven days later.

Mr Finney has not been able to work since the incident, and is still in recovery. He has great difficulty partaking in everyday routines, such as eating dinner with his family, and his previous hobbies of keep-fit and motorcycling are no longer possibilities for him.

The driver that was responsible for the injuries caused to Mr Finney was fined for his negligent driving and dealt seven penalty points. Mr Finney then sought legal counsel and began legal action to pursue a claim for his suffering, loss of income and rehabilitation.

Mr Finney has stated, in regards to the accident, that “this incident has had a huge impact on my life as I can no longer do the things I have always enjoyed. I loved to keep fit and take part in charity walks, but I know that for the time-being those activities are a distant memory for me. I hope by speaking out it makes drivers think carefully about how they drive in future.”

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Compensation Claim for Injuries after Head-On Collision Negotiated Out-of-Court

June 7, 2015

An injury compensation claim after a head-on collision has been settled through out-of-court negotiations following involvement of the victim’s union.

The collision occurred in April 2013, when Nick Brancher, thirty-seven from Saltash in Cornwall was driving eastbound on the A38 near Bodmin. When a car that was travelling in the opposite direction to Mr Brancher swerved from the westbound carriageway at fifty miles per hour, it collided with Mr Brancher’s large seven-seater – but only after it collided with two other vehicles also on the carriageway.

Mr Brancher, who had just dropped off his young daughter at school a few minutes before the accident, was immediately brought to a nearby hospital with a broken left elbow and numerous soft-tissue injuries encompassing his upper torso. The severity of the injuries to his ribs, back and neck failed to become clear until a fortnight after the head-on collision had taken place.

Mr Brancher, who worked as a maintenance team leader, was able to return to work merely two days after the incident, yet was unable to carry out his full range of duties and was restricted to light tasks for several months. He also found it necessary to refrain from other pursuits such as Ju Jitsu, kayaking, climbing and cycling.

Mr Brancher sought legal counsel with the help of his union, and subsequently made a compensation claim for the injuries sustained in the collision against the driver, citing negligence on the driver’s part. The insurance company of that driver conceded liability for the accident and resulting injuries on their customer’s part, and a settlement for the injuries sustained by Mr Brancher was settled without the need for a court hearing.

The regional officer at Unite’s Plymouth office, Rob Miguel, assisted Mr Brancher in his case against the negligent driver. He stated after the negotiations that the driver lost control and caused harm to others because he wasn’t concentrating. Though he admitted the injuries inflicted could have been worse, it still had an impact on Mr Brancher’s life for a considerable period after the collision occurred.

 

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Lollipop Lady to Receive Compensation for Accident at School Crossing

April 12, 2014

CCTV footage from the victim’s home has proven the negligence of a driver, who is now considered fully responsible for an accident that resulted in a lollipop lady sustaining life-threatening injuries at a school crossing.

The incident occurred in 2011, when sixty-one year old Eleanor Harman was hit by a car whilst helping young schoolchildren cross the road near her home in South Shields, Tyneside. Mrs Harman suffered life-threatening injuries, notably to her head, and had to undergo critical operations. Subsequent to the surgeries, the victim had to be cared for in a high-dependency unit for three months and is still afflicted with post-traumatic amnesia. She receives twenty-four hour care for her condition.

A £90 was issued to the driver of the car that collided with Mrs Harman, Margaret Boyles, and four penalty points were added to her licence on account of her driving with a lack of necessary care and attention. Yet when the victim’s husband made a compensation claim for a school crossing accident, Ms Boyles’ insurance company denied that their client had full liability for the accident, believing that Mrs Harman was in part to blame for the incident.

However, the Harmans had installed a CCTV system outside of their home in South Shields, and due to the proximity of the accident to their residence, the camera caught footage of the collision between Ms Boyles and Mrs Harman. The video proved critical in conclusively showing that Ms Boyles was entirely accountable for the accident, and thus she bore sole liability for Mrs Harman’s injuries. Ms Boyles’ insurance provider then accepted that their client bore the responsibility for this incident through her negligent driving and the compensation claim put forward by Mr Harman is currently being assessed by a judge.

Due to the nature of the injuries inflicted upon Mrs Harman, the cost of her care, past and future treatment and facilities to enable her to live a relatively independent life will run in excess of £3 million. The result of the judge’s assessment on the compensation claim for Mrs Harman’s school crossing accident is anticipated in the coming weeks.

 

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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.

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Firefighter Receives Car Crash Injury Compensation

April 5, 2012

A former firefighter, who sustained catastrophic injuries when his car was in collision with a vehicle emerging from a Ford manufacturing plant, has been awarded 1.275 million dollars in firefighter car crash injury compensation.

Paul Tully, from Utica, New York, was driving his vehicle past the Ford facility in early 2009, when a vehicle driven by Keith Chase pulled out from the manufacturing plant right in front of him. Chase told policemen investigating the accident that he failed to look left before leaving NYE Ford in Genesee Street.

Paul made a claim for car injury compensation against Chase, the owner of the vehicle Chase had been driving and NYE Ford themselves, and was made an offer of 150,000 dollars by the insurers for NYE Ford. After taking legal advice, Paul declined the offer of compensation for car crash injuries and took his claim to court.

After hearing that Paul would be unlikely to go back to work due to his injuries, a jury at Oneida County Supreme Court awarded him 1.275 million dollars to account for the pain and suffering Paul experienced at the time of the accident, the pain and suffering he will continue to experience and for past and future medical bills. The settlement will be paid in full by insurers for NYE Ford.

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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.

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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.

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