Claim Time Solicitors Today's Blogs

£21k compensation for supermarket worker

30/12/2011 18:52:44

According to reports, after slipping on a broken egg, a supermarket worker has been awarded £21,000 in compensation.

The accident occurred in March 2007 when Irene Heslop was working as a bakery assistant at Asda. She was walking through the warehouse when she slipped on a broken egg that was on the concrete floor.

The fall resulted in a serious injury, fracturing her spine. The injury has rendered her unable to work and thereby, a supermarket accident claim against her employer was made by her.

According to reports, Mrs Heslop received £21,000 in compensation after a settlement.

£21k compensation for supermarket worker

30/12/2011 18:52:40

According to reports, after slipping on a broken egg, a supermarket worker has been awarded £21,000 in compensation.

The accident occurred in March 2007 when Irene Heslop was working as a bakery assistant at Asda. She was walking through the warehouse when she slipped on a broken egg that was on the concrete floor.

The fall resulted in a serious injury, fracturing her spine. The injury has rendered her unable to work and thereby, a supermarket accident claim against her employer was made by her.

According to reports, Mrs Heslop received £21,000 in compensation after a settlement.

£1m compensation sought by after karting accident

30/12/2011 18:26:25

A compensation up to £1million is being sought by a woman who was injured in an accident at go-karting venue.

The incident took place when Julie Markie was working as a school teacher and was on a school trip with a group of pupils. They were visiting an indoor karting venue operated by the firm Driveflight under the trading name Kartstart.

According to reports, in order to check on one of her pupils Mrs Markie had gone to the trackside when another pupil exited the race track at speed. Mrs Markie was caused serious injury when the kart entered the pit area.

As a consequence of the accident, Mrs Markie suffered an injury to her foot which has left her with a scar and a limp, along with a mild brain injury and post traumatic stress disorder.

Now, the reports claim that she is seeking accident compensation from the karting company who she blames for the accident.

The case is expected to be heard some time next year.

Riot compensation chaos lamented by Croydon MP

30/12/2011 18:14:07

According to a Croydon MP, there is disarray in compensation for riot hit businesses and tenants.

Lack of idea on compensation administration under the Riot Act for the Home Office was discovered by Malcolm Wicks, MP for Croydon North.

In August, he visited two victims in his constituency, which was ravaged by rioters.

“The speed at which the claims are being processed would embarrass a self-respecting snail.It is unacceptable that my constituents are being left in financial crisis due to the woeful way in which the claims are being handled.Despite the riots being central to Home Office responsibility, it is clear that the Home Secretary has no idea whatsoever how claims under the Riot Act are being dealt with or how many people have received compensation. It is a shambles,” said Mr Wicks.

In order to remind Prime Minister, David Cameron, of the promises he has made in order to secure the desperately needed compensation for the victims of Croydon’s riots, a letter has been written by Mr Wicks.

Compensation claim made by car technician

28/12/2011 16:32:48

A car accident compensation claim is to be made by a car technician who was rendered paralysed from the neck down after being crashing a high performance Ferrari 348 TS.

The accident occurred when Stephen Harris, 31, employed as a car technician at the Ferrari Centre in Maidstone, Kent, lost control of the high performance super car he was test driving and careered into another vehicle.

Consequently, serious personal injury was suffered by Mr. Harris in the accident which has rendered it necessary to have round the clock care after being paralysed from the neck down.

A claim for compensation has been launched by Mr. Harris has now launched against his former employers, claiming that they were negligent by allowing him to test drive high performance vehicles on the open road.

The case is expected to be heard at court next year.

£37,000 compensation for horse rider

28/12/2011 15:34:41

A personal injury compensation award of £37,000 has been awarded to a rider after she broke her back when she was thrown off from her horse.

The accident occurred when Ceri Tonkinson, from Dinas Powys, in South Wales, was riding a horse which had only recently been ‘broken in’, when it was startled by a horse ridden by Stephen Davies, an employee of Penarth’s Downside Riding School.

According to Mrs. Tonkinson, she had tried to persuade Mr. Davies not to overtake her, as her horse had become unsettled but her pleas were ignored and as Mr. Davies passed, her horse reared up and threw Mrs. Tonkinson to the ground injuring her badly.

As a consequence of the accident, Mrs. Tonkinson, broke her back and pelvis and was rendered unable to ride for long periods, due to the pain that continiues to torment her.

For her injuries, claim for personal injury compensation was launched by Mrs. Tonkinson against Mr. Davies and has been was awarded £37,000 in damages at Cardiff County Court.

Probe into £2bn a year motor claims market by OFT

18/12/2011 10:40:25

A probe into £2billion worth a year of car insurance claims has been launched by Watchdogs.

An alarm about a surge in premiums, which have shot up more than 20% since 2009 has led to the Office of Fair Trading’s investigation

A jump in personal injury claims and fraud has been termed as the cause by insurers. After an accident, the OFT’s “market study” is looking at hefty bills from garages and car-hire firms.

If, after a crash, one of the drivers accepts blame (or they are proved at fault) their insurer normally pays the other person’s repair bill, and often the cost of a courtesy car while their vehicle is in the garage.

However, according to the OFT it’s possible insurers are being hit with over-the-top claims for both.

Permission granted to cyclist for seeking damages

18/12/2011 10:21:17

Reports claim that a significant head injury was suffered by Joseph Malasi after a collision with a taxi in Bedford in September 2007 and he subsequently launched legal action against driver Maqsood Ahmad.

The claim was disputed by Mr Ahmad who said that he was drving within the prescribed limit and Mr Malasi was also to blame as he decided to skip a red light.

Terming that will only be eligible for 20 per cent of the value of this claim, Judge Richard Seymour at the High Court has now ruled that the 23-year-old can seek damages against the driver's insurers.

Seven-figure compensation sum awarded to machinist

18/12/2011 10:04:18

Following a serious accident at work, a machine operator has been awarded a seven figure personal injury compensation.

The accident took place in October 2008, when brain damage was sustained by Christopher Kaye while working on a building site in Sheffield for demolition firm Euro Dismantling Services.

The 57-year-old was injured when a piece of equipment hit him in the face while he changed the grapple attachment on an excavator and his employer - an international firm which was established in 1994 - has admitted 90 per cent liability.

As a consequence, lump sum of damages worth £1.75 million, as well as annual instalments of £135,000 for the rest of his life, have been awarded to Mr Kaye, meaning a total of £4.2 million is expected to be received by him.

Compensation claim made by Prince Harry car crash photographer

18/12/2011 09:53:12

A claim for car accident compensation has been launched by a photographer who suffered serious personal injury after being run over by an unmarked police car, believed to be transporting Prince Harry.

The accident occurred outside the Beaufort club in Knightsbridge when Tony Margiocchi ,54, an ex-policeman and former soldier, was hit by a Ford Galaxy people carrier, as he waited with other members of the press for the Prince, who had been at the exclusive West End club celebrating England’s win over France in the six nations rugby tournament.

As a consequence of the accident, Mr. Margiocchi suffered a broken leg in the incident and tore his Achilles tendon. The severity of the injuries rendered him bed-ridden for months and unable to return to work.

For his injuries and loss of earning, a claim for personal injury compensation has been launched by him against the Metropolitan Police Force.

Mum seeks personal injury compensation

18/12/2011 09:12:51

A claim for accident compensation is being made by a mother from Gwent for her six year old son, after he suffered serious personal injury when a dry stone wall collapsed on top of him.

The accident took place close to the Jim Owen Park in the Gwent village, where Harley Chivers, from Cwmtillery, was playing with his friends on Brookside Row, when one of the youngsters pulled a stone from the wall, causing it to collapse on top of Harley.

The reports claim that in the incident Harley suffered a nasty head wound which needed to be glued. Besides, he also required stitches to his lip and knee and after his front teeth were pushed backwards by the falling debris, his jaw bone was chipped.

Consequently, against Blaenau Gwent council, his mother Claire Hockey has now launched a claim for personal injury compensation on her son’s behalf.

Engineer wins compensation after injuring eyes

18/12/2011 08:29:27

A claim for industrial compensation has been won by a Hampshire drainage engineer after being almost blinded in an accident at work.

The incident took place when Trevor Watson, 42, of Brighton Road, in Gosport, was employed by Farlington company, Freeflow Drains Ltd and was instructed to take his vehicle to Howes Precision Hydraulics in Fareham, in order to repair a problem with the jetting system.

According to the reports, the accident took place when during repairs Mr. Watson was struck in the face by an out of control hose, which caused a deep wound underneath his right eye and severely affected his vision, as a consequence.

In order to repair his retina and damaged iris, Mr. Watson had to endure painful eye surgery and will now have to use eye drops for the rest of his life.

After launching a claim for accident at work compensation Mr. Watson has now been awarded an undisclosed amount of compensation, which he accepted in an out of court settlement.

£2,000 in compensation won by woman after biting oven chip

18/12/2011 08:13:05

A compensation of over £2,000 was awarded to a woman from Leeds, after she bit into a rock hard object embedded in an oven chip.

The incident occurred when Susan Stapylton, 61, from Richmond Hill, in Leeds, West Yorkshire, was tucking in to a plate of Aunt Bessie’s oven chips when she bit into the foreign object, causing a filling to fall out.

According to reports, the woman’s filling, which was in a double wisdom tooth and had only been fitted a few days earlier, and as she was awaiting an operation to remove nasal polyps, which had affected her ability to breathe properly through her nose, these cannot be immediately replaced.

Initially, Mrs. Stapylton was offered a £5 voucher by Heinz the owners of the Aunt Bessie brand, but was eventually awarded £2,000 after seeking legal advice.

Personal injury compensation for elderly woman

18/12/2011 07:58:18

Personal injury compensation is to be received by a Southampton elderly lady after suffering injury in a fall in Santa’s grotto.

The accident occurred when Joan Dufosse,73, from Hedge End, in Southampton, was visiting Santa at his grotto in the Selfridges store on Oxford Street, along with her two granddaughters.

Unfortunately, Mrs. Dufosse tripped over a stray Christmas bauble, which had fallen from a nearby Christmas tree, as they prepared to have their photograph taken and was sent crashing to the floor.

As a consequence, the elderly lady was rushed to hospital after fracturing her thigh in the fall and a major surgery was taken to insert a plate and screws to repair her damaged leg.

The elderly lady has launched a personal injury compensation claim against event management company Melbry Events Ltd, who were responsible for the grotto.

Revision of personal injury compensation sought by woman

10/12/2011 17:17:30

Re opening of a case involving a traffic accident has been requested by a Lancashire woman, who was awarded £12,500 personal injury compensation for the same.

According to the reports, Joanne Dunhill, 51, from Ashton-in-Makerfield, in Wigan, received £12,500 in motorcycle accident compensation after she was run-over by a motorcycle as she attempted to cross the A635 Doncaster Road, in Barnsley and suffered injuries, as a consequence.

However, this initial payment, which was awarded in 2003, is deemed void by her legal team as according to them Miss Dunhill lacked the legal capacity to make an informed decision when accepting the offer, due to the nature of her head injuries.

Her legal team are now taking the case to the Court of Appeal, the legal team is arguing that the £12,500 awarded to Miss Dunhill was ‘chickenfeed’ and the extent of her injuries demanded the compensation in the region of £2.2 million.

On her part, Miss Dunhill stated that she was pressurized into accepting the compensation.

The decision in the case is pending.

Revision of personal injury compensation sought by woman

10/12/2011 17:17:28

Re opening of a case involving a traffic accident has been requested by a Lancashire woman, who was awarded £12,500 personal injury compensation for the same.

On her part, Miss Dunhill stated that she was pressurized into accepting the compensation.

The decision in the case is pending.

Man claims personal injury compensation after dog shooting

09/12/2011 17:20:01

A claim for personal injury compensation has been made by a man injured in a bizarre shooting incident.

The incident took place when Ivan Pearce was struck in the neck by a ricochet from a police firearm, which smashed through his front window of the room where he was sitting.

Two dogs, a Rottweiler and an American bulldog puppy, which had escaped from a nearby property, were terrorising members of the public on the fateful day and police were called in to intervene.

The ten stone Rottweiler had already attacked and hospitalised a local man and a police officer was shot dead by a police marksman but Mr. Pearce was injured in the process and has now launched a claim for personal injury compensation against the Cheshire police force.

Burnt woman seeks compensation

03/12/2011 16:47:38

A claim for medical negiligence compensation has been launched by an eighty three year old woman after suffering serious burn injuries during a routine operation.

According to reports, in order to have the battery on her pace-maker replaced, Joyce Hardingham,a pensioner had been admitted to the Wythenshawe Hospital, in Southmoor Road, Manchester, for a routine operation.

However during surgery disinfecting fluid, which had been used to sterilise the area being worked on ignited due to a spark from the equipment being used and led to a ‘substantial’ fire.

The incident resulted in serious injury to Mrs. Hardingham and proved so harrowing that one of the nurses in attendance required immediate trauma counselling.

The responsibility for the accident has been acknowledged by the University Hospital of South Manchester Trust and the trust has now apologized to Mrs. Hardingham and her family.

A claim for medical negiligence compensation has been made, following the admission of liability.

Personal injury claim by Deputy Lord Mayor

03/12/2011 16:30:49

Personal injury compensation is being sought by a deputy lord mayor afate he was injured at a community festival when a garden chair he was sitting on collapsed.

The incident took place when John Campbell, labour councillor and deputy lord mayor of Sheffield, was invited to open the Lowedges Festival, organised by the Greenhill and Bradway Tenants’ and Residents’ Association.

However, the mayor allegedly suffered personal injury when before the opening ceremony Mr. Campbell sat down on a garden chair at Greenhill tenants’ hall, situated on Gervais Road, which couldn’t bear his weight and collapsed.

According to reports, a claim for personal injury compensation has been launched by Mr. Campbell, against the Tenants’ and Residents’ Association (TARA).

£9 Million Compensation awarded to woman

03/12/2011 16:18:23

A road accident package worth more than £9 million has been awarded to a young woman who when she was seven years old suffered serious brain injuries after being struck by a car.

During the January of 1996, the victim of the accident Leigh Ann Blinkthorn, from Norfolk, now twenty three years old, met with the accident when she was hit by a car as she attempted to cross the A1064 in Filby.

As a consequence of the accident, the victim suffered life threatening injuries, putting her in deep coma. Extent of her injuries has now made her dependent on around the clock supervision from two carers.

Eleven years after the insurers of the driver involved were found liable, a compensation settlement has now been arrived at.

A compensation package of £2,875,000 lump sum which will be followed by tax free, index linked annual payments of £191,758 to cover the cost of her extensive care needs for the rest of her life has now been awarded to Ms. Blinkthorn.

Mum claims compensation after daughter's injury

27/11/2011 17:24:47

A claim for accident compensation has been launched by a South Tyneside mother, after her daughter sustained injuries when she tripped over a pothole on her way home from school.

Single mum Donna Taylor,33, from Biddick Hall in South Shields, whose eight year old daughter Levy suffered bruising and swelling after her trip, claims that South Tyneside Council had been made cognizant of dangerous potholes but had failed to take any remedial action.

After seeking legal advice Ms Taylor is now seeking compensation from the council, claiming that they had been negligent by not filling in the potholes.

Claiming the negligence of unattended potholes on the part of council, Ms Taylor is now seeking compensation from the council.

£500,000 compensation claim by policewoman

27/11/2011 17:16:35

A car crash compensation claim worth half a million pounds is to be made by an ex-policewoman who was seriously injured when the squad car she was travelling in was involved in a road traffic accident.

Jocelyn Lyons, 34, from Armagh, in Northern Ireland, was a front seat passenger in the police car, which crashed into another vehicle as it responded to an emergency call.

According to reports, Miss Lyons, who was a probationary constable in the Kent police force and had been with the force for less than a year, had suffered serious injuries not enabling her to continue her services and is now making a claim for more than £500,000 in compensation.

While accepting the responsibility for the accident, Kent police force argues that Miss Lyons mental state was already vulnerable before the accident.

Couple wins compensation for negligence

27/11/2011 17:07:21

Medical negligence compensation has been awarded to a Staffordshire couple, after their baby nearly choked on a six inch tube, which the hospital staff was negligent to remove.

Now a healthy four year old, Owen Thomas, the couple’s child was fitted with an endotracheal tube after his birth at the Stafford Hospital, in order to ease the breathing after complications during his delivery.

Owen’s mother, Clare Thomas was alarmed when ten days after the birth her baby began turning blue and appeared to be choking. A six inch long PVC tube popped out of his mouth after she slapped him on the back.

Mrs Thomas and her husband Kevin, of New Hall Street, in Cannock, launched a claim for medical negligence compensation against the Mid-Staffordshire NHS Foundation Trust, claiming that Owen’s life was periled by the negligence of the hospital.

The family won thecase and has been awarded a five figure sum in damages, although the exact amount has not been revealed.

New website launched by Setfords Solicitors

27/11/2011 16:41:21

For providing the customers with a wealth of legal information and lending them advice for legal troubles, a brand new website (www.setfords.co.uk) was recently launched by Setfords Solicitors.

The website provides a premise for their team of experienced solicitors to offer legal advice on a wide range of business areas. Many legal issues are tended, like buying or selling a business, commercial property, needing advice on intellectual property, needing to clear up an issue regarding employment law, etc.

Besides, family law, personal injury, residential, and wills and probate also constitute the services offered by Setfords.

The recently announced website offers a number of legal guides for you to download, allowing you to read up on various legal matters.

Elderly woman claims personal injury compensation

27/11/2011 16:12:33

After tripping on an uneven pavement and consequently, suffering serious personal injury, A Hull grandmother is to claim compensation from her local council.

As a consequence of the accident, Jean Stephenson, 58, from the Ings Road estate, in East Hull, was hospitalised for two days after tripping over a drain lid, which was sunk four inches below pavement level.

Suffering serious injury Mrs Stephenson, broke bones in both of her hands and fractured her elbow in the fall, she also suffered a black eye and is now reliant on carers to help her get dressed, eat and wash.

According to Mrs Stephenson, the objective of her legal action is to ‘wake up’ the council so that an attempt is taken to improve the area.

Fraud prone whiplash compensation system

11/11/2011 18:14:09

According to three-quarters of healthcare professionals, the current system of compensation for whiplash is prone to fraud.

Widespread skepticism about the process of claiming after accidents was revealed by a survey of more than 500 GPs, physiotherapists and consultants.

Almost 90% believe some whiplash claims could be given a different label, a further 47% of GPs providing medical reports in personal injury believe the system encourages diagnosis for maximum gain.

The survey follows justice secretary Jack Straw’s comment that whiplash diagnoses are delivered by ‘third-rate doctors, in the pay of claims management companies or personal injury lawyers’.

However, commissioned by three leading insurers and rehabilitation provider HCML, the survey suggests that doctors believe they are constrained by regulations.

Personal injury claim after laderfall

11/11/2011 18:05:13

After falling from a ladder at Turnberry hotel and golf club, a man is making a personal injury claim.

The incident occurred when Peter McCloy was working as a starter at the golf resort in the build up to the 2009 golf Open Championship. Along with the assistance of a colleague He had been asked to fix a net on the first tee of the course.

The colleague left him alone to complete the work after fetching a metal ladder for McCloy to use. The accident took place when he was stood on the ladder to undertake the job, the frame slipped and he fell 10 foot to the ground below.

As a consequence of the accident, Mr McCloy – who is a former goalkeeper for Glasgow Rangers Football Club – suffered serious injury in the fall, breaking a bone in his shoulder. Although, a surgery was undertaken to fix the break, he has been rendered with limited movement in the joint and is prone to develop arthritis.

He is reportedly seeking £50,000 in damages for his injuries from the exclusive golf resort.

Fall from stairs leads to compensation

11/11/2011 17:46:24

A man who suffered serious head injury after falling down the steps of a hotel is making claims for compensation.

The concerned person, David Atherley whilst visiting his partner at the Clock Tower Hotel in Exeter was injured. Kris Lee-Hewings, his partner, was assistant manager at the hotel, and was staying in an on-site flat.

The accident took place at the end of the night on November 29th, 2009 when they were returning to the flat. On reaching the top of the six steps outside the flat, David slipped and hit his head on concrete.

As a consequence of the incident, he suffered a serious head injury, leaving him with permanent disabilities. Immediately after the fall, he underwent emergency surgery to remove a piece of his skull. The surgery left him with a metal plate fitted. Along with memory and concentration problems, the injury has rendered him incapacitated for work.

According to reports, he is seeking compensation for his injuries from the hotel. His legal team is arguing that the stairs – which were part of a fire escape – should have been fitted with a handrail. Besides, the team maintains that that lighting on the steps was not operational.

Personal injury compensation awarded to obese woman

11/11/2011 06:57:47

Compensation has been awarded to an obese woman, after getting injured when a toilet seat collapsed under her weight.

The unnamed woman became a victim of the accident while working for Birmingham City Council. An amount of £1,750 in personal injury compensation was received by her for her injuries.

According to the reports, the claim is just 1 of 274 successful compensation claims made by staff against Birmingham City Council during the last five years. With settlements totalling £4.9 million pounds, this resulted in more compensation being paid out than any other local authority.

A Freedom of Information request revealed figures which included some of the following claims. A staff member claimed £1,100 compensation after their big toe was broken when a table fell upon it. £3,250 were received by another staff member after tripping on a path that was deemed to be defective.

Motorcyclist seeks personal injury compensation

11/11/2011 06:48:55

Compensation is being sought by a motorcyclist who was rendered handicapped from injuries suffered in a road traffic accident.

The accident took place in October 2008, when Nerys Pearce was travelling on her motorbike along Uxbridge Road in Feltham. A collision with a car driven by Sharen Miles occurred in the incident.

The collision took place when Miss Miles’ car allegedly pulled out into the road attempting to turn right through traffic. However, the collision is believed to be caused when she pulled out in front of Miss Pearce’s travelling motorbike.

As a consequence of the accident, Miss Pearce was seriously injured, damaging her right arm and left leg. Complex regional pain syndrome in her legs resulted from the injury. Causing her severe pain she was left dependant on the use of a wheelchair for mobility.

According to the reports, her battle for compensation is continuing. Miss Miles held 75% responsible for the accident after pulling out into the road when it was unsafe, when the liability of the accident was decided. However, the two parties have not yet agreed on a suitable compensation settlement figure.

Egg smash accident victim gets compensation

10/11/2011 18:14:19

Compensation has been awarded to a man injured in an accident involving thousands of eggs.

Back in 2008 when the accident happened to Phil Stacy he was working as a lorry driver at the time, and was on a pick-up at a Devon farm.

Using a manual pump on a forklift, the 60 year old was trying to load 600kg of eggs onto the back of his lorry. pulling the eggs in, he slipped on the dirty lorry floor and fell.

In the incident, thousands of eggs were smashed and as a consequence, Mr Stacy suffered a shoulder injury.

The accident rendered him with a ruptured shoulder injury to this date, and incapacitated him from working.

For his injuries, a compensation claim was made against the company and a lengthy legal battle has resulted in his claim being successful, claim reports.

Compensation claim for medical negligence

10/11/2011 17:45:06

Medical negligence compensation is sought from the Peterborough and Stamford Hospitals NHS Foundation Trust by a father of a six year old girl, who had to have both her legs amputated.

Suffering from septicaemic shock, coagulopathy (a bleeding disorder) and multi organ failure, Miki Lin Gao was only ten months old when she had to be admitted to the Peterborough District Hospital.

Amputation of both was deemed as the only resort for her after her serious condition.

Now, it is being claimed by her father Hou Chun Lin that her daughter was not admitted on time by the staff at the hospital and for this alleged negligence he is making a compensation claim on her behalf.

However, her condition the following morning worsened, but the hospital was reluctant to admit her. It was at the third attempt that the girl was admitted and subsequently, diagnosed with septicaemic shock and multi-organ failure which led directly to the amputations.

The writ states that timely intervention in her case could have resulted in her full recovery.

X ray blunder results in compensation claim

10/11/2011 16:40:07

A six figure compensation pay out was won by a Tameside man left with permanent spinal damage after being mistakenly diagonised when he was a schoolboy.

After complaining paralysis like symptoms in his neck when he was twelve years old, Liam Careless, 23, of Stalybridge, was taken by his mum Karen Roberts to the accident and emergency department of the Tameside Hospital.

Liam was later discharged with just a neck collar after an X ray, however it was revealed after suffering four years of shooting pains and numbness that Liam was suffering with spinal cord compression and thereby, the initial x-ray had been misinterpreted.

As a consequence, he now suffers constant pain and finds walking has become difficult for him as he also suffers from lack of balance resulting in regular trips and falls.

After discovering that condition would have been better if there had been no misinterpretation in his initial complaint, a medical negligence claim against the Tameside Hospital NHS Foundation Trust was made by him.

An undisclosed six figure sum was awarded to him in an out of court settlement, helping pay for his future care and rehabilitation.

Food factory fined after worker suffers personal injury

29/10/2011 17:18:33

After serious personal injury was suffered by a female employee when her arm was dragged into a potato blanching machine, Health and Safety Executive (HSE) prosecuted a Wigan food processing company.

The accident occurred when the unnamed twenty two year old from Platt Bridge was employed at Bakkavor Foods Ltd, at their site on Dobson Park Way in Ince, when her arm became caught in-between a roller and a conveyor belt, on the unguarded potato machine.

As a consequence of the accident, the female hygiene worker was kept her away from work for eight months after suffering a dislocated elbow and a broken arm in the incident.

It was revealed by an investigation by the HSE that the machine was not adequately guarded and employees regularly cleaned rollers while they were still rotating.

Consequently, a fine of £10,000 was awarded to Bakkavor Foods Ltd, of West Marsh Road, Spalding, in Lincolnshire. Furthermore, they ordered to pay court costs totalling £2,026, after admitting a breach of the Provision and Use of Work Equipment Regulations, at Trafford Magistrates’ Court.

Firm fined for hazardous exposure

29/10/2011 17:09:02

The Health and Safety Executive (HSE) has prosecuted a South Tyneside manufacturing firm on the grounds of exposing workers to potentially hazardous fumes.

HSE inspectors visited Variable Message Signs Ltd, of Monkton Business Park, in Hebburn after concerns were raised by them about the way the company was controlling the potential risk of workers developing occupational asthma.

It was brought to the notice of South Tyneside Magistrates’ Court, that engineers at the company were using rosin based solder flux, during repair work, and fumes given off by this particular solder have been proven to be a significant factor in the development of occupational asthma.

An investigation by the HSE revealed that employees often worked with the solder for up to four hours a day, without a proper system in place to extract the potentially dangerous vapours.

£5,000 fine was awarded to the Variable Message Signs Ltd and after admitting three breaches of the Health and Safety at Work Act, following a successful prosecution by the HSE at South Tyneside Magistrates’ Court , they were ordered to pay court costs totalling £4,291.25.

$1.1M in North Palm Beach acquired by personal injury lawyer

29/10/2011 17:01:59

On Aug. 31, a three-bedroom, three-bath home at 11680 Lake Shore Place in North Palm Beach from Ivor T. Rozowsky and Kathleen Rozowsky for $1,114,262 was bought by Sean J. Greene and Jodi R. Greene.

In Jan. 2003, the Rozowskys paid $1.165 million for the property. The 3,213-square-foot home in Juno Ridge was built in 1965. It is part of the Hidden Keys subdivision.

A partner at the law firm Steinger, Iscoe & Greene, which has locations in West Palm Beach, Fort Lauderdale, Port St. Lucie, Miami and Okeechobee, Greene specializes in wrongful death, personal injury, medical malpractice, nursing home malpractice, and product liability cases.

He has a B.S. in finance from the University of Central Florida in Orlando and a J.D. from St. Thomas University in Miami.

GBP 75 million in compensation claims paid by councils

29/10/2011 16:56:14

GBP 75 million in compensation for personal injury claims has been paid out by the councils in the past 5 years according to the data released under the Freedom of Information Act.

Charles Hadfield, General Manager at Personal Injury Group, commented: "For a personal injury claim to result in a pay out to the claimant, the defendant, in this case the councils, either have to concede negligence or it has to have been found they were negligent in court. So the problem is really down to council failure to avoid preventable accidents and injuries."

Furthermore, the amount each council has paid out was also made available. Spending GBP 4.9 million in the five year period, Brighton Council was the hardest hit by compensation claims,. Manchester City Council paid out GBP 2.6 million in compensation over the same period.

£200,000 in compensation claims paid by council

29/10/2011 16:50:29

More than £200,000 as personal injury compensation has been paid by the councils across the North East to pupils and teachers injured in the regions schools.

For slips, trips and falls pupils have received compensation amounts ranging from £50 up to £23,000 over the last two years, revealed a freedom of information request.

Over £6,000 was awarded to a Newcastle pupil after slipping on stairs and a student who was accidentally hit in the face with a bat was given just over £11,500. Furthermore, £6,200 was paid to a pupil who fell from a climbing frame and £11,500 was awarded after a fall on a slippery floor.

A pupil who cut his foot on a tile was awarded a compensation of £7,000 by a school in Northumberland, while £2,500 was awarded to a pupil injured when a rope swing snapped in North Tyneside.

Schools could never be ‘accident free zones’, claimed a spokesperson from Newcastle City Council adding that compensation was paid if the council was found to be liable but unfounded claims would always be defended.

£46,000 in compensation claims paid by police in Bedfordshire

29/10/2011 16:42:15

It is revealed by a freedom of request that a total of £45,894 in accident at work compensation has been paid by the Bedfordshire Police Force to employees injured while on duty.

A female Priority Crime Officer, who received £10,000 after she fell and hit her head after the back of her office chair snapped was the recipient of the largest payment.

Other successful claims included £5,000 paid to an officer who slipped on a wet toilet floor and a crime investigation officer was awarded £7,300 after falling down stairs when a handrail collapsed.

£4,875 were received by a Public Protection Officer after burning his hand while away on a training course at a RAF base , while an Emergency Response Officer who put his hand through a glass pane when responding to a 999 call was given £2,052 as compensation.

The force’s insurers always investigated the Work related accidents, after considering each case on an individual basis, said a spokesperson for the Bedfordshire Police.

Compensation for car crash victim

29/10/2011 16:34:29

After a car crash resulted in the death of their son, a Bicester family has been paid compensation.

The accident took place last October when Neil Webb, pictured, of Spruce Drive, Bicester, was a passenger in Ryan Naylor’s Citroen Saxo when it crashed head-on with a BMW in Ardley.

As a consequence, the 19-year-old suffered fatal injuries and was pronounced dead at the scene. After admitting causing death by dangerous driving , Naylor, 21, of Ardley Road, Fewcott, was jailed for 32 months at Oxford Crown Court.

The amount of the compensation claim has not been released.

Neil’s dad Jeff, an Oxfordshire firefighter, said that Neil was a popular boy who lived life to the full and the compensation can’t make up for the loss of their son.

“It will cover the costs of his funeral – something we never planned for,” he added.

£300,000 compensation claim in road traffic accident

29/10/2011 16:28:05

A personal injury compensation award of £300,000 has been won by a Blackburn farther of two after being run over in his home town.

Serious brain injuries were sustained by Zahid Hussain when a silver Volvo ran into him.

As a consequence Hussain was left with life threatening condition with four fractures to his skull and a swelling on the brain.

The accident resulted in Mr Hussain awarded personal injury compensation after the car driver's insurance company came to a compromise with Mr Hussein's family.

Mr Hussain's family settled out of court to avoid a potentially costly trial even as the lawyers for the claimant were set to argue that the driver of the car was entirely to blame for the accident.

Worker suffers personal injury, company fined

29/10/2011 16:17:19

After an employee lost two fingers in an accident at work, the Health and Safety Executive (HSE) has executed an animal feed producer based in Lancashire

The accident occurred when, the unnamed forty seven year old workerwas working for Dugdale Nutrition Ltd, at their factory in Clitheroe and was attempting to clear a blockage in machinery which was located on the third floor of the premises,

Unfortunately a co-worker, who was situated in the plants control room on the ground floor of the building, switched the machine on.

As a consequence, the injured worker lost two of his fingers in the accident .Fllowing the incident, an investigation was conducted by the HSE which revealed that the worker on the third floor had failed to isolate the machine and was allowed access to the machines moving parts because a safety guard was not fixed in place.

A fine of £7,000 was asked from Dugdale Nutrition Ltd, of Bellman Mill in Salthill , besides a total of £3,614 in court costs, after admitting two breaches of the Provision and Use of Work Equipment Regulations, at Accrington Magistrates’ Court.

Food business fined after two personal injuries

28/10/2011 17:15:14

A total of £230,000 has been awarded as fine to a major European food business following two incidents at its Suffolk factory.

The accident which took place at 2 Sisters Food Group left Shaun Alexander without four fingers, a thumb and half a palm, while Malcolm Raven had his arm broken because of the failure of the company to fit a by-pass devise to machinery.

Julie Jarvey, Health and Safety Executive inspector, called both incidents "wholly avoidable", and the result of a "lack of proper training, inadequate assessment of risks, absence of working practice and effective measures stopping access to dangerous equipment".

Poultry, fish, chilled, bakery and frozen goods to the retail, food service and food manufacturing sectors are the services offered by2 Sisters Food Group .

For the offence involving Shaun Alexander the company was awarded a fine of £90,000 and £140,000 for the incident involving Malcolm Raven.

Builder suffers personal injury

22/10/2011 05:20:07

Serious personal injury was suffered by a self employed builder after he was crushed between the arms of a brick clamp attached to a lorry loader.

In order to assist lorry driver Mark Pratten in positioning his crane, so he could pick up building materials which were situated awkwardly behind an eight foot wall, Peter Hoy, 47, had clambered onto the roof of a cabin.

The accident occurred when Mr. Pratten attempted to give Mr. Hoy a lift using the grab of his crane, for getting down quickly from the cabin, however as Mr. Hoy positioned himself between the arms of the brick clamp, the lorry driver inadvertently pressed the machines clamp button causing Mr. Hoy to be crushed.

As a consequence, Mr. Hoy’s pelvis was fractured in the incident and he also suffered internal damage.

The resulting injuries are so severe that he has not, as yet been able to return to work.

The incident was investigated by the Health and Safety Executive (HSE), and it was revealed that Mark Pratten, 53, had acted inappropriately by trying to lift a fellow worker with the brick clamp, being fully aware that it was not suitable for the task.

Consequently, after admitting a breach of the Health and Safety at Work Act, Mark Pratten, of Radstock was fined £1,500 and ordered to pay £1,000 in court costs.

Addition of staff physician announced by personal injury law firm

22/10/2011 05:09:37

Expanding their services and staffing, the Law Offices of Edward A. Smith, owners of AutoAccident.com have decided to include a medical doctor.

CEO Edward A. Smith explained: "Our law firm handles cases involving serious accidents and personal injury. In many of these cases, such as spiral cord injury, we rely on doctors and other health professionals to assess the prognosis of our clients, and to perform a thorough physical examination."

However, in many cases, as they do not have access to all of the client's prior medical records a complete history of injured clients is not possessed by examining physicians.

Additionally, insurance companies often hire what they call "Independent Medical Examiners" who are really hired consultants whose objective is to damage the injured party's case rather than to help reveal the truth. More often than not, innocent victims are prevented by these biased examiners from getting fair compensation for legitimate injury claims.

In order to make sure his firm's clients receive a thorough review of their medical history, Smith hired an on-staff, expert doctor. This move alleviates common insurance practice of distorting a victim's past medical history in an effort to deny fair compensation.

Smith said: "Cases like these require a medical doctor to lead the way in determining that the full medical history is thoroughly and accurately reviewed and that defense doctors do not take advantage.”

Disgraced peer makes compensation claim

22/10/2011 04:58:32

Legal action against Essex Police has been threatened by the disgraced former leader of Essex County Council Lord Hanningfield over his "unlawful arrest".

In September, he was held at home for connection with cash claims made while he was in charge at County Hall, which followed his early release from jail after nine weeks for parliamentary expenses fraud related to his work as a Conservative peer of the realm.

The lawyers of the accused sought £3,000 for unlawful arrest and detention and £1,500 for trespass in relation to the latest investigation in a "letter before claim" to Essex Police.

In July, on the charges of falsely claiming £14,000 while he was a Conservative peer in the House of Lords, Lord Hanningfield, whose real name is Paul White, was jailed for nine months.

The former pig farmer, from West Hanningfield, had claimed expenses for overnight stays in London when he was not in the capital.

His arrest from home was deemed unlawful by his lawyers because officers entered his home without a search warrant.

It is stated in the letter before claim that the reasons given for the arrest were unclear and also seeks compensation costs of £2,000.

Until January 18, Lord Hanningfield remains on police bail.

Winterbourne View compensation claims funding approved

22/10/2011 04:35:04

In order to meet the multi-party compensation claim by families of people who live at Winterbourne View public funding has received approval.

In June, after the BBC Panorama programme revealed adult patients with severe learning difficulties being physically and mentally abused, the private hospital in Hambrook was closed.

The revelations led to public outcry and sparked numerous policy reviews and independent investigations.

Hospital owners Castlebeck apologized unreservedly for the abuse and 13 staff were arrested and remain on bail.

The relatives were told public funding would be used to set up the logistics of a multi-party claim at a meeting with specialist lawyers Foot Anstey in Bristol.

Bodily injury claims topped by North West

22/10/2011 04:26:10

According to the results of the research conducted by the Institute and Faculty of Actuaries for private car insurance claims involving bodily injury, North West of England is the leading hot spot.

The research revealed that in 2010 there were 43% of third party claims in the region involving bodily injury as compared to the North East Scotland the figure was only 13%.

The findings also revealed that claims hot spot areas matched areas with the highest concentration and activity of claims management companies.

More claims management companies were equivalent to more personal injury claims, the research stated.

The lowest proportion of private motor insurance claims involving injury to third parties was found in Scotland. In Scotland's central belt, 20% of claims involved a claim for injury as compared to a UK average of 29%.

35k compensation to be claimed by couple

15/10/2011 18:37:03

A compensation claim of £35,000 is to be claimed by a family as holiday compensation after their holiday in Lanzarote was ruined when their two small children caught a nasty stomach bug.

Five year old Emily Scotland and her one year old brother Charlie were struck down with the crippling stomach bug cryptosporidiosis, which is a parasitic infection which can be spread by using hotel swimming pools.

According to reports, tour operator First Choice is to face a compensation claim of £35,000 from the unhappy parents, Roddy and Julie.

Julie, 32, has claimed that her five year old daughter was doubled over with excruciating stomach pains after contracting the sickness and diarrhoea bug, her brother also showed similar but less severe symptoms.

Flamingo Beach Holiday Village in Playa Blanca was the place of stay for the family and according to reviews on the travel web site TripAdvisor, other holiday makers at the resort also suffered with the same illness.

The family had had an extraordinarily bad experience and the bug is of a particularly nasty strain which can leave lasting complications, stated a spokesperson from the Scotland’s legal team.

On the other hand, comment on the legal action was declined by a by a spokesperson from First Choice but he did state that the Holiday Village at Flamingo Beach was a popular resort, which scored highly in customer satisfaction reports.

Fraud in compensation claim by family

15/10/2011 11:13:48

The husband and daughter of a woman who lied about the extent of her injuries after she was hit by a bus in order to claim £1.5m in compensation, have been found guilty of contempt of court.

After the accident that took place in November 2005, a claim for personal injuries against Brighton and Hove Bus Company by Thereza Daoud, 55, but it was revealed by investigations that she had exaggerated her injuries.

It was revealed that the husband, Nabil Tadrous, 63 and daughter, Sherihan Brooks, 30, of the injured woman had presented false pictures to medical experts that exaggerated Daoud's disabilities following the accident.

"It is an extremely rare case because it is one of the few occasions where contempt of court proceedings have been pursued in a Civil Court and also as the case only related to the witnesses involved and not to the claimant herself,” said Mark Whittaker, a partner at DWF, the law firm that took action on behalf of the Brighton and Hove Bus Company.

"Defendants and their insurers have had their fill of dealing with grossly exaggerated claims. This is the latest in a series of cases where those involved in lying about the extent of a claimant's injuries have faced criminal sanctions. Times are tough enough for transport companies, the last thing they need is to be defrauded. It's a welcome outcome for the client and a stern warning for fraudsters," he added.

The exaggeration in injury claims was revealed by video evidence filmed over 26 months that showed Daoud struggling on a walking frame at a surgery on London's Harley Street for a medical examination - despite being spotted earlier walking without an aid. Furthermore, the injury claims were weakened by footage of her celebrating her daughter's wedding, shopping, and going to the local salon despite claiming she was struggling with substantial mobility issues.

A settlement of £40 000 down from the original £1.5m, was agreed upon by Daoud after the revelations of the surveillance were disclosed. However, the money was not received by her as it was used towards paying the bus company's legal fees.

Compensation claim withdrawn by exonerated person

08/10/2011 09:58:44

After spending nearly four decades in prison, a West Park man whose convictions were overturned won't be seeking compensation from the state after all.

The petition of seeking $1.9 million compensation for the 38 years he spent in state prison following his conviction in a 1969 rape and robbery in North Miami has been withdrawn by fifty seven year old Barney Brown.

After finding that the accused man was tried twice for the same crime which led to his wrongful imprisonment he was exonerated by a Miami judge in September 2008.

After his release which was secured by his lawyers in 2008, a compensation claim was made by Mr. Brown who claimed his innocence.

Sept. 26, Brown withdrew his petition for compensation but did not give any reason and left the door open to seeking payment again. But prosecutors say the law authorizing compensation for the wrongfully incarcerated sets time limits that have already passed.

Man injured in scaffolding fall awarded compensation

08/10/2011 08:11:29

A multi million pound compensation award has been won by a builder who was seriously injured in a fall from height.

The victim, a thirty eight year old whose name is withheld for legal reasons, fell from unsecured scaffolding down eighty meters while working on the Royal Victoria Infirmary, in Newcastle.

As a consequence, the accident left the victim with shattered legs and a life changing head injuries, which have left him permanently disabled.

The victim was awarded a multi-million pound compensation package from the building giant’s insurers, after he launched a construction site accident claim against his employers Laing O’Rourke Construction Ltd.

Following an initial payment of £2 million, the man will then receive yearly indexed linked payments to cover his overall care costs, for the rest of his life.

£750,000 compensation claim for eye damage made by golfer

08/10/2011 07:45:28

A claim of £750,000 as sports injury compensation is to be made by a novice golfer who injured his eye after being struck by a stray golf ball.

As a consequence of the accident, Anthony Phee, 44, of Sale, in Manchester had to have his damaged eye removed after it was struck by a golf ball while he was walking along a path between the sixth and seventh tee at the Niddry Castle golf club.

For the damages that resulted out of the accident, a compensation claim for £750,000 is now launched by Mr. Phee against the golf club and golfer James Gordon who fired the offending shot.

The court case continues while the liability for the accident remains an issue.

£54,000 compensation awarded to rugby player

07/10/2011 19:54:49

Sports injury compensation amounting to £54,000 has been awarded to an ex-rugby player who suffered a serious and disabling fracture to his right kneecap.

When the incident occurred Jack Sutton, 20, from Mountsorrel, Loughborough, in Leicestershire, was just sixteen years old and was playing in a pre-season training game for Syston Rugby Club’s, under seventeen team.

A career destroying injury was received by Mr. Sutton as he scored a try for the Leicestershire rugby club.

A broken plastic marker, which was hidden in the lush grass and protruded roughly half an inch out from the turf, caused fracture to his knee as Mr. Sutton went over the try line during the game.

Consequently, launched a sports injury compensation claim against Syston Rugby Football Club Ltd, of Queniborough, Leicestershire, was launched by Mr. Sutton which claimed that the club had been negligent by not conducting an adequate pitch inspection prior to the game, a claim which the rugby club denied.

However, Milton Keynes County Court approved the claim and awarded Mr. Sutton £54,000 in damages.

£7 million compensation awarded to brain damaged boy

07/10/2011 19:15:13

Birth injury compensation amounting to almost £7 million has been agreed by Ipswich Hospital NHS Trust to a boy left with serious brain damage.

The boy whose name was undeclared is now seven years old and was starved of oxygen during his birth at the Ipswich hospital. As a consequence, the boy suffered serious brain injuries and is now left with cerebral palsy and dystonia and suffers from impaired speech and learning difficulties.

The negligence of the hospital was held responsible for the injury before the High Court.

Accepting liability for the accident, Ipswich Hospital NHS Trust has agreed to pay birth injury compensation totalling £6.94 million to the victim.

£900,000 compensation awarded to boy after leg amputation

07/10/2011 19:04:22

Medical negligence compensation of £900,000 was awarded to a six year old boy from Warwickshire after his left leg had to be amputated.

The parents of the boy were told that his left leg would have to be amputated just below the knee when he was just three weeks old.

Claiming that the negligence of medical staff costed their son Leo Ison, from Bedworth, his leg, Fiona and Ian Ison have launched a medical negligence compensation claim against Leicester’s Glenfield Hospital.

£900,000 in compensation was awarded to the family from the University Hospitals of Leicester NHS Trust, who were not represented in court.

Rise in the frequency of workers compensation claim

07/10/2011 18:24:23

A research by NCCI Holdings Inc. has revealed that a sudden halt in the trend of decreasing frequency of workers compensation claims may have been caused by several Great Recession factors.

In its brief research NCCI said that in mid-2009 modest increases in employment since the recession formally ended and workers possibly being less fearful of losing their jobs for filing claims may have contributed to a 3% rise in the frequency of lost-time claims during accident year 2010.

There was a decline of 4.3% on average since 1990 in the frequency of compensation claims, prior to 2010, and the only increases occurred in 1994 and 1997.

The rating and research organization said that reductions in claim frequency have been a major bright spot for workers compensation, with injury rates falling a total of 56.4% from 1990 through 2009.

NCCI further noted that claims frequency gets a push by increase in employment because new hires generally file more claims than longer-term employees.

Personal injury compensation awarded to abestos victim’s family

07/10/2011 18:10:18

A personal injury compensation of £318,000 has been awarded to the widow and family of a victim of asbestosis.

A complaint was lodged for compensation claim by sixty nine year old Elizabeth Wolff, from Kilmarnock, East Ayrshire after her husband William, 66, died from mesothelioma in March 2007.

With just one year into his retirement the victim was diagnosed with terminal disease. He died seven months later.

Personal injury lawyers familiar with the case say that responsibility has been admitted by the contractor Weir Construction Ltd for exposing Wolff to the deadly airborne fibres while he was employed by the construction firm.

The widow was granted £258,520 personal injury compensation, including £65,000 for the suffering her husband experienced by the judge.

Wolff’s three daughters were also given compensation awards for £52,317, with an additional £7,084 being awarded to the single granddaughter of the couple.

Compensation sought by Palestinian activist

01/10/2011 16:50:41

According to the ruling of the high court, compensation claim is entitled for a Palestinian activist who was unlawfully detained on the orders of home secretary, Theresa May.

The entry of Sheikh Raed Salah, 52, the leader of the Islamic Movement in Israel, into the country despite being banned has come as the latest embarrassment for the government.

It has emerged that the activist was not informed about his banned status by anybody and even a Heathrow immigration officer who scanned his passport didn’t notice a live alert to exclude him.

The activist was three days later arrested by the police and was informed about his status.

A deportation notice was served to him by the home secretary.

After obtaining bail in July, Salah is appealing against the decision to deport him in separate proceedings before an immigration tribunal which continues next week.

Furthermore, Salah is seeking damages for illegal detention citing that he was confined without any legal grounds.

No compensation claim for riots damage by Sainsbury's

01/10/2011 16:34:42

In order to make sure that police is not deprived to the money to protect high streets, Sainsbury’s has waived off the compensation claim of £1 million for the London riots.

Riots have affected the grocer’s 29 stores in the capital as they were either damaged by

hooligans or were forced to down shutters early to keep them safe from the hands of the rampaging mobs.

As the count of compensation unfolds, the Met police are facing a £200 million bill from businesses attacked during four days of mayhem last month.

A compensation claim of about £2 million is sought by JD Sports after 16 of its stores fell to the wrath of the marauding mobs and about £700,000 of its stock was looted.

However, Sainsbury’s said that it did not want to burden the police with additional compensation.

Compensation bill faced by Met as count for damages increases

01/10/2011 16:25:31

Metropolitan Police has been charged with a £750,000 compensation claim by Transport for London for the riot damage.

Firms affected by the riots in August have claimed a bill of £200m from the Met.

Among the firms the biggest claim of one of the biggest claims is £5.2m from TfL.

Damages to the firm included £2.5m in fares and another £2.7m in repair bills including the double decker bus set alight in Croydon and the damage to lines and resulting service cancellation on the Croydon Tramlink.

A spokesman for Tfl said it would have to absorb the lost fares but was still able to claim some money as part of the Riot Act.

The Act makes the liability to pay for damage to buildings and their contents which have occurred in the course of a riot in London (excluding the City of London) on the Metropolitan Police Authority.

Besides, injury, destruction or stealing, to houses, shops and other buildings or their contents caused by any person involved in a riot.

As its investigation in the matter proceeds, Met expects to run up further costs from the riots which resulted in 3,300 offences being reported across 28 boroughs after disorder was sparked by the police shooting of Mark Duggan in Tottenham.

Peter Hendy, TfL commissioner, warned that with the emergence of full exyent of damage the bill for the damages might increase.

Compensation to pupils injured on school trips revealed

25/09/2011 06:12:01

New figures reveal that thousands of pounds in compensation have been paid by two Scottish councils for pupils injured on school trips.

The compensation amount was paid most by the Highland Council during the two financial years April 2009 to March 2011, with £2,363.16 and £3,950.45 forked out respectively.

Likewise, during the periods of 2009/10 and 2010/11, Edinburgh City Council paid out £404.19 and £194.79, respectively. The council, which had nine successful claims against it during the period, had one claim in 2010/11 still outstanding.

Data supplied after freedom of information requests reveals that in total, £6,912 was paid by the two councils, although, information on the types of injuries or age of the children were not supplied.

There were 21 successful claims during the financial years April 2009 to March 2011 against four councils in Scotland.

Worker suffers personal injury, company fined

25/09/2011 06:02:57

After a work accident resulted in the injury to a worker who worker fell from scaffolding, a refrigeration company has been fined.

When the accident took place October last year, Charles Howie was employed by Spark’s Mechanical Services Ltd. He was directed to work on a job at Iceberg Ltd’s factory.

His responsibilities involved removing two refrigeration units that were attached to the ceiling of the premises. The units were held up with 8 bolts into the ceiling. Using a scaffolding tower to get up to ceiling height, Mr Howie had removed four of these.

However, despite removing four bolts, a fork lift truck was not supporting the unit, and one of the remaining four bolts failed which caused the unit to fall onto the scaffold tower, and as a result, Mr Howie was knocked nearly 3 metres to the ground below.

As a consequence, he fractured five ribs, and suffered a collapsed lung. He took five months to recover, which kept him off work.

The company was prosecuted by the HSE for failing to ensure the right equipment and safe system of work.

A fine of £10,000 was awarded this week to the Spark’s Mechanical Services Ltd.

£250,000 compensation payment for accident victim

25/09/2011 05:03:29

A £250,000 interim compensation payment has relieved from hospital a woman, who was left ninety nine percent paralysed after being knocked down by a hit and run driver.

The accident took place when Megumi Wilson, 26, struck by an uninsured driver as she crossed Wye Bridge Street and suffered catastrophic injuries, in Monmouth and spent the last five years in hospital because of the round the clock care she requires.

The accused driver, John Dummett, of Gloucestershire, evaded the scene of accident and tried to dispose of the evidence by burning his car. Consequently, he is serving a prison sentence.

For the last five years, Ms Wilson has been a permanent fixture at the Rookwood Hospital in Llandaff, Cardiff and despite being fully aware of her surroundings, she can only communicate by blinking her eyelids.

The victim is now seeking uninsured driver compensation from the Motor Insurers Bureau (MIB), an organisation set up to compensate innocent victims of drivers who do not have insurance, for her injuries.

An interim payment of £250,000 which will enable Megumi to leave hospital and be cared for privately at home in Monmout has been approved by a High Court Judge , although, the claim, estimated to run into millions of pounds, is yet to be settled.

Personal injury suffered by blind man

25/09/2011 04:44:26

Legal action for getting injured by an overhanging branch is being considered by a blind Coventry man, after injuring his eye.

The accident took place in Cox Street, close to the city centre’s bus station, and as a consequence, Mohammed Mansha, 51, of Foleshill, in Coventry, had to receive hospital treatment.

The victim told a newspaper that he had only recently started to venture out on his own and this accident had been a major blow to his confidence.

According to the claims of Mr. Mansha the bushes along Cox Street adjacent to the National Express bus depot, had become over-grown and over-hanging branches were causing an obstruction to pedestrians, and the branch that damaged his eye was at head height and he couldn’t see it while walking.

For treatment of his injury, Mr. Mansha attended the Hillfields walk-in medical centre where he was advised to attend the specialist eye unit at the University Hospital in Walsgrave, and was diagnosed with a ‘grazed eye’.

A letter of complaint to National Express, accompanied with photographs of the offending branches has been sent by Mr. Mansha and legal action has been threatened by him if the bus company doesn’t rectify the issue.

Injured pensioner to claim compensation

24/09/2011 20:34:30

A claim for compensation is made by a pensioner against a driver and bus operator, after an accident in which he injured his right leg which was amputated. Arriva.

The accident occurred when Edwin George, 88, of Wembley, a veteran of the 2nd World War, had his right foot seriously crushed after being involved in a collision with the bus on a pedestrian crossing in College Road, Harrow.

Due to the severity of his injuries resulting from the accident, his leg was amputated just below the knee.

According to reports, Mr. George has claimed that the accident was catastrophic for him as he had to rely on his daughter and her husband after the accident.

The bus operator and their driver Mannivald Himma now face a bus accident compensation claim from the pensioner.

£300k compensation claim by motorbike pillion passenger

24/09/2011 20:24:51

£300,000 in personal injury compensation is sought by a motorbike pillion passenger after being involved in a serious accident.

The accident took place in June last year when Nathan Atkins was just 12 years old. He was riding as a pillion passenger on his father’s motorbike as they travelled along Oxhey Lane near Watford. Unfortunately, they collided   with a Ford Fiesta and in the accident, Nathan suffering serious injury.

Consequently, he was rushed to hospital unconscious and put on a ventilator. He had suffered a head injury that was causing him post traumatic amnesia. Although, the boy had a good recovery, he has been left with cognitive problems that result in difficulties with memory, attention and fatigue.

Now, the Watford Observer is reporting that with the help of his step-mum, Nathan is making a motorbike accident compensation claim for over £300,000 against the insurers of the Ford Fiesta.

Unique case of compensation claim

23/09/2011 13:14:38

A four figure sum in compensation was awarded to a Yorkshire schoolboy who became the victim of a classroom bully.

The victim, Jed Winfindale, 13, was attacked in his classroom at the Maltby Comprehensive School near Rotherham, by a bully who hit him on the head several times.was hit several times on the head by the bully, who was armed with.

The bully was armed with a wooden drawing board and consequently, Jed suffered injuries to both his arm and shoulder in an effort to defend himself against the assault. Because of the sustained injuries the victim was admitted to the hospital.

Stacey Winfindale, 37, mother of the victim was horrified to learn that the boy who attacked her son was only given a suspension of two days as punishment, despite previous disruptive incidents in the past and so decided to take legal action.

She told newspapers that in her effort she was not concerned about money and only wanted to make a stand against the education authorities.

After Rotherham Council’s education authority admitted liability for the incident, it made Jed one of the first pupils to be awarded compensation for being bullied.

Personal injury suffered by toddler

23/09/2011 12:53:56

A streetlight resulted in the personal injury to a small child who was hit on the head by part of a streetlight being fixed by an engineer.

The accident took place as Taahyra Kasham, a toddler was being pushed in her pram by her mother Rajna, and the streetlight engineer dropped a reflector, which he was removing from the top of the lamppost. Crashing down onto the baby’s pram, the reflector hit Taahyra on the head.

The mother was fortunate to escape the injury but the toddler was injured and required stitches.

According to the revelations of the investigation carried out by the Health and Safety Executive (HSE), twenty five year old streetlight operative Joseph Parker, had failed to erect a temporary barrier around the lamppost which would have safely segregated pedestrians from the work area.

Living in Romford, Essex at the time of the accident admitting a breach of the Health and Safety at Work Act, at the City of London Magistrates’ Court, Mr. Parker was fined £2,250 he was also ordered to pay court costs totalling £2,888.

The prosecuting HSE inspector accused Mr. Parker of causing distress and Injury by disregarding the health and safety regulations.

£3 million personal injury compensation awarded to woman

23/09/2011 11:43:09

London’s High Court awarded £3 million in taxi accident compensation to a Teesside woman.

The accident occurred when, Vicki Hart, 22, was just a fourteen year old schoolgirl, and was knocked down by a taxi as she tried to cross Rectory Lane, in Guisborough.

Consequently, horrendous injuries resulted from the accident with Vicki’s skull fractured and her neck broken, besides suffering a blood clot on the brain which would later cause her to suffer a major stroke.

Witnessing the injuries the doctors feared that the teenager may lose her life but the teenager defied all the odds to survive. However, profound disabilities have resulted which now requires round the clock care and support.

As a consequence, a compensation claim was made against the driver’s insurers and the family was approved a £3 Million compensation package at the High Court in London.

£3m' cost can be incurred by change in compensation laws

23/09/2011 10:10:54

According to one legal services firm, frontline NHS services in Lincolnshire will be affected by the proposed change in compensation laws.

According to the National Accident Helpline patients will be deterred from claiming compensation by the legislation to curb the use of "no win, no fee" offers.

As a consequence, the change will result in up to £3 million being spent on compensation, rather than hospital services in the county, according to the organization.

A Freedom of Information (FOI) Act request to the Department of Health by the organization obtained this figure.

It revealed that Lincolnshire NHS trusts claimed the £3 million sum in legal aid in the past financial year.

£1.89 million were claimed by the United Lincolnshire Hospitals NHS Trust (ULHT), with Northern Lincolnshire and Goole NHS Foundation Trust claiming the remainder.

According to the National Accident Helpline, in the next year, anywhere up to this figure could be spent on care for patients, who would have previously had the costs covered by compensation claims.

'Grubby' personal injury industry

17/09/2011 17:30:28

Former justice secretary Jack Straw told MPs that NHS hospitals are making money by charging "ambulance chasing" lawyers fees to advertise in accident and emergency departments,.

As he attacked the "grubby" personal injury claims industry, he said 70 trusts had been paid a total of £2 million over the past five years.

Mr Straw revealed proposals to clamp down on the compensation culture which he said had led to soaring motor insurance premiums.

By promising to ban the payment of referral fees in personal injury cases, the Government has already accepted one of his key demands.

Mr Straw said: "In the last year alone there has been a 40% increase in the average premiums paid by Britain's motorists to insure their cars. The principal factor behind these rocketing premiums has been a extraordinary increase in both the number and value of claims for personal injuries."

However the number of accidents had decreased and the increase had been "artificially generated by a new industry, unheard of 20 years ago, a claims industry with, I'm afraid, the complicity of the insurance companies themselves".

He accused claims management companies, personal injury lawyers, credit hire companies and vehicle recovery firms of building a "lucrative and self-serving merry-go-round" with information about people involved in accidents passed between them in the hope of securing a payout.

Schoolgirl awarded personal injury compensation

17/09/2011 17:20:50

Serious personal injury was narrowly avoided by a thirteen year old schoolgirl, after she fell a distance of four metres from a fairground attraction.

The youngster who asked not to be named, was a passenger on the ‘Cliffhanger Miami Trip’ ride at the annual Copmanthorpe Carnival, in York, when a restraint bar malfunctioned causing her to slip out of her seat and plunge four metres to the concrete floor below.

Fortunately, the young girl suffered relatively minor injuries but was taken to hospital as a precaution, where she was treated for cuts, bruises and abrasions.

Twenty eight year old fairground attendant, Terry Reynolds, of Dewsbury, had been informed about the dodgy restraint bar by a previous passenger, who narrowly escaped a similar fate after managing to hold the bar down with the assistance of some of her friends, according to an investigation by the Health and Safety Executive (HSE).

Admitting a breach of the Health and Safety at Work Act Mr. Reynolds of Showman’s Ground, received a three year conditional discharge and was ordered to pay the young girl £750 in personal injury compensation.

After the court hearing a HSE inspector stated that ‘it beggared belief’ that the attendant failed to check the restraint despite being warned about the faulty safety device by another fairground visitor.

£1,000 compensation awarded to girl blinded in egg prank

17/09/2011 16:50:14

After an egg prank went seriously wrong A Sunderland man has been forced to pay £1,000 in criminal injury compensation   to a schoolgirl.

Jay Gomes, 18, of Grindon Gardens, had purchased a carton of eggs with the sole intention of throwing them at passers by as he drove around Sunderland’s streets.

Unfortunately, one of his victims, a thirteen year old schoolgirl, who could not be named due to legal reasons, was hit in the eye with such force that her vision is now seriously impaired.

Newcastle Crown Court was told that the girl was walking along with friends when she felt the sudden impact of the egg, which appeared to be thrown from an approaching car.

After the incident, she required hospital treatment to remove fragments of egg shell from her eye and was told that her vision would be permanently affected. The teenager is now frightened of going out in case something similar happens to her again.

Pleading guilty to a charge of causing actual bodily harm, Gomes was sentenced to thirty six weeks in prison, which was suspended for two years.

He was also ordered to complete two hundred hours of unpaid work and was given a curfew between the hours of 7.30pm and 6am, which will last four months, he was also ordered to pay the girl £1,000 in criminal injury compensation.

£100,000 compensation claim for botched operation

17/09/2011 16:39:43

£100,000 in medical negligence compensation has been awarded to a Coventry grandmother, after a routine hip operation went drastically wrong.

Maggie Peabody, 51, of Wood End, was admitted to the St Cross Hospital in Rugby, for routine hip surgery after developing osteoarthritis, claim reports.

At the hospital Maggie was informed that the operation was very straightforward and the surgeon had performed it thousands of times before. However, following surgery the mother of four was informed that her sciatic nerve had accidentally been severed during the operation.

Mrs. Peabody realized, after the effects of the anesthetic wore off, that she had no feeling in her right leg, a condition which she has been informed could prove to be permanent.

Following the incident, Mrs. Peabody took legal advice and made a claim for medical negligence compensation against the UHCW NHS Trust and was awarded £100,000 in damages, which will help pay for adapted accommodation and future care costs.

The NHS Trust, following an investigation, concluded that the hospitals standard of care had fallen well below the expected standard.

The surgeon responsible is no longer employed by the UHCW NHS Trust.

Compensation claim by poor dental work

17/09/2011 16:12:53

Dental negligence compensation is being considered as claim by a Somerset woman, after her dentist extracted the wrong tooth and then tried to re-plant it two hours later, after retrieving it from a medical waste bin.

Kim Green, 41, attended the ADP dental practice, near her home in Wellington, Somerset, suffering with intense pain caused by a rotting tooth that had become infected.

Rookie dentist Justin George treated her and mistakenly pulled out a perfectly healthy tooth instead of the rotten one.

On returning home, Mrs. Green quickly realized the mistake and contacted the practise, who summoned her back for more surgery, after telling her the tooth could be retrieved and re-planted.

That evening Mrs. Green was in so much pain that she had to be admitted to the Musgrove Park Hospital in Taunton, for emergency treatment to remove both the infected tooth and the re-planted one.

According to reports, Mrs. Green said that the hospital dental surgeon was ‘appalled’, when she had explained what had happened and immediately reported Dr. Green to the local health authority and General Dental Council, who promptly suspended him from his duties.

After being informed that her extracted tooth had been retrieved from a medical waste bin which contained bloodied tissues, saliva wipes and needles that had been used on a number of other patients, Mrs. Green is now seeking dental negligence compensation.

Mrs. Green, as a precautionary measure, has had to suffer the trauma of blood tests and a course of anti hepatitis injections.

Dr. George remains on suspension pending a disciplinary hearing.

Compensation culture opposition formed

17/09/2011 16:01:33

Calling for an overhaul of the claims system, a group representing the UK’s insurers has attacked the ‘no win, no fee’ compensation culture.

To form the Consortium for Compensation Reform, the Association of British Insurers (ABI) has joined forces with a number of companies including supermarket Asda, insurer Lloyd’s of London and catalogue chain Argos.

The consortium claims the growth in “spurious and exaggerated” personal injury claims, which grew in number by 72 per cent between 2002 and 2010, has resulted in higher costs for consumers, local authorities and the NHS.

The consortium’s calls come nearly three months after the Government pledged to tackle the compensation culture through its Legal Aid Bill.

As insurers themselves have come under fire for selling customers’ details to claims firms in return for high referral fees, the move may come as a surprise to some.

ABI’s director general, Otto Thoresen, said the civil litigation system is failing too many genuine claimants.

He said: “Compensators, such as insurers, retailers and local authorities, are committed to paying genuine claimants as quickly as possible. But too often this happens despite the system, not because of it.

“People can get more money quicker by claiming directly from insurers, but ambulance chasing lawyers can still manipulate the system.”

The UK’s compensation laws have seen higher insurance premiums for UK consumers, who pay £2.7m a day to claimant lawyers through motor insurance premiums, says the consoritum. The NHS paid out more than £257m in lawyers’ fees as a result of claims, which impacts taxpayers, the consortium added.

In a report on tackling the compensation culture, the ABI said the Government needs to stop aggressive activities of some firms that lead to unsolicited text messages and cold calls urging customers to claim.

The ease by which fraudulent whiplash claims are made and the selling of personal information of potential injury cases also need to be addressed, it said.

Lloyd’s of London general counsel, Sean McGovern, said Britain should not follow the US, where excessive litigation costs stifle economic growth.

“Insurers are committed to paying valid claims, but steps need to be taken to stop the further growth of a compensation culture in the UK. The costs of a litigious culture aren’t just borne by insurers but are a cost to society as a whole,” said Mr. McGovern.

Lawyers reacted angrily to the report, saying that claims the country is in the grip of a “compensation culture” are a myth.

£300,000 compensation claimed by widower

16/09/2011 17:51:20

A claim for more than £300,000 in road traffic accident compensation is to be made by a Berkshire widower, whose wife was run over and killed by a texting driver.

John Lyon, 71, from Maidenhead, lost his wife Christine, after she was involved in a car accident while walking along Forbury Road, in Reading.

According to reports, Keisha Bianca Wall, who was just eighteen years old at the time of the incident, was convicted of a charge of dangerous driving and is currently serving her sentence at a young offenders institute in Ashford, Middlesex.

Her mother Constance Wall who is a qualified driving instructor was a passenger in the Suzuki Jimny Jeep driven by her daughter but escaped prosecution after charges against her were dropped.

Miss Wall was negligent and paid no attention to the safety of herself or other road users as she was busy using her mobile phone at the time of the collision, claims a High Court writ issued by Mr. Lyons.

Disabled Mr. Lyon who was married for forty two years and totally dependent on his wife for care, is claiming damages thought to be in excess of £300,000.

Reduction of victim compensation fund

16/09/2011 17:46:02

To help victims of crime get compensation for their injuries, the government has cut the budget available.

This year, the Criminal Injuries Compensation Scheme will have £10m less, a cut of about 5%.

An unpublished report from the largest victims' organisation, Victim Support, seen by the BBC, says there is already a "financial time-bomb" in the scheme.

The forecast for this year's budget "would provide sufficient funding", said the Ministry of Justice.

On the future of the scheme, the government intends to hold a consultation run by the Criminal Injuries Compensation Authority, in the autumn.

Depending on the severity of the injury to victims of crime, the authority can make awards from £1,000 to £500,000. Last year, more than 60,000 people applied for compensation.

The decision to cut the budget from £211m to £201m comes despite Justice Secretary Ken Clarke telling Parliament last year that "it simply has not received adequate funding in each year's budget to keep up with the level of claims".

David Hines, chairman of the National Victims Association, said he was furious at the funding cut.

"It's an outrage," he told BBC Radio 4's PM programme.

"Quite frankly it should be increased by £200m and decent payouts made to the victims of homicide and victims of serious crime."

£8m in compensation for Cornwall care abuse victims

16/09/2011 17:39:08

In Cornwall, adults with learning disabilities at the centre of a care abuse case will receive about £8m in compensation.

After 165 former residents of Falmouth's Budock Hospital claimed compensation for failings including physical abuse, the High Court made the decision.

The claim was brought against the former Cornwall Partnership NHS Trust.

The money would help towards "putting things right", said the current Cornwall Partnership NHS Foundation Trust.

The allegations included physical assault, emotional and verbal abuse and a failure to provide adequate programmes of care and assessment.

The case dated back to 2006 when a highly critical report forced the resignation of three senior officials, said the solicitors who represented many of the involved families.

The total includes the £1.5m settlement of financial claims agreed earlier this year.

The financial settlement related to historic allegations that residents' money was misappropriated to pay for services that Cornwall Partnership NHS Trust should have funded.

The claim was brought against the former Cornwall Partnership NHS Trust, but the current Cornwall Partnership NHS Foundation Trust said the payout would not affect the service it provided.

Injury claim referrals ban could lead to drop in cost of car insurance

16/09/2011 17:28:25

In an attempt to curb the rising cost of car insurance, the government has revealed plans to investigate and possibly seek a ban on referral fees for personal injury claims.

Year on year, annual car insurance premiums have been rising at a rate of as much a 40% every 12 months. The Office of Fair Trading (OFT) has revealed plans to investigate car insurance in the UK with this in mind, and will reveal their findings in December. Further action will be taken by the official body, if they find the industry has been operating in a non competitive way.

Of late, the most interesting development is the government’s plans to tackle referral costs which it feels is having a direct effect on the rising cost of car insurance. Often motorists who have been involved in an accident are encouraged to make a claim on a “no win no fee” basis. The claim is then passed between a management company, insurance company and lawyer who charge each other for the claim referral, with the lawyers recovering their costs from the losing defendant. The upshot being that honest motorists are being hit with higher premiums to cover the cost of the high number of personal injury claims being made.

Successful effort by the government in their bid to put a stop to “no win no fee” claims, is likely to lead to a decrease in the number of personal injury claims being made, helping to put an end to the compensation culture and the year on year increases in the cost of car insurance.

£5,000 compensation paid to customer left looking like a 'scarecrow' by hair salon

16/09/2011 17:22:06

After a disastrous hair treatment left her looking like a ‘scarecrow’, a young woman has received £5,250 in compensation.

Twenty seven year old Charlotte Jones, was left with a burning scalp and straw-like hair after she paid £60 to have her brunette locks bleached blonde.

She says she spent 11 hours in the Nottingham salon, and received five separate bleaching treatments after the first one turned her hair bright orange.

Charlotte was tried to convince by the trainee who botched the hairdo that the treatment was a success.

But it was so bad that Charlotte had to wear a hat for three months and became a social recluse.

She says her hair began to fall out in clumps, and a follicle specialist advised her to shave her head and re-grow her locks from scratch.
Consequently, the salon, '28 for Girls and Boys', was sued by her and she has now received a £5,250 out-of-court settlement after a long legal battle.

An administrator at Nottingham Trent University, Charlotte, decided to get a makeover in August 2009 after she broke up with her boyfriend of nine years.

“After going through the break-up I decided that as blondes were meant to have more fun I'd dye my glossy brown locks at a local salon,” Charlotte said.

Charlotte further added: ‘I'd never coloured my hair before and spent a fortune on keeping it in immaculate condition. So I arranged several consultations and carefully chose a salon I thought I could trust.

'But it turned out I really chose the wrong one. The first time they bleached my hair it turned ginger they then tried to rectify it by bleaching my locks a further four times.

'Eleven hours later my scalp was stinging viciously but the pain was nothing compared to the horror I felt when I saw the finished result.

'My luscious locks were now frazzled and straw-like. I looked like a scarecrow. I felt as if I'd been in a terrible car smash.

'My mum, who used to be a hairdresser, then came into the salon and was completely stunned at what they had done to me.

'I sought an apology and the salon manager admitted my hairdresser was a trainee and uninsured. But they even tried to pretend my hair looked good.'

The salon has now accepted full liability for Charlotte's botched haircut.

Years of wait for toxic waste victims for compensation

10/09/2011 18:56:12

The economic compensation they were promised has not still been received by thousands of victims affected by toxic waste dumping in 2006 in Abidjan, Côte d'Ivoire's commercial capital.

Benedetta Lacey, special advisor on corporate accountability at Amnesty International, said: "There is a complete lack of transparency as to what happened to the millions of dollars which should have been paid out by the government compensation scheme."

Toxic waste from a tanker chartered by the international commodities trading firm Trafigura Beheer BV affected more than 100,000 people, who sought medical attention for a range of health problems, according to a United Nations report published in 2009. The incident has been linked to the deaths of 15 people.

Trafigura, since 2007, has paid 260 million dollars in several payouts, but much of the money remains unaccounted for and thousands of victims still have not received any economic compensation that would, if paid, be equal in some cases to a year's worth of wages.

"It is unacceptable that so many people who were affected by the dumping have not received the compensation money they are entitled to," Amnesty International said in a press release. "President Ouattara's government must act decisively to show that corruption and misappropriation of funds will not be tolerated."

Trafigura entered into a settlement agreement with the government of Côte d'Ivoire under which the company paid 195 million dollars, in February 2007.

By the Ivorian government's own figures, 95,000 victims should have received compensation, Lacey told IPS. "However, the government compensation process was never completed and an enquiry into the compensation process which was opened under the previous government was never concluded," Lacey said.

Trafigura made a full and final payment of 20 million dollars to the Ivorian government to pay for additional cleanup costs, in April 2008.

30,000 Ivorians filed a lawsuit in Britain seeking damages for personal injury, a year after that. An out-of-court settlement was reached and Trafigura made a payment of 45 million dollars. However, six thousand people never received any of that money.

A local group claiming to represent the victims and calling itself the National Coordination of Toxic Waste Victims of Côte d'Ivoire (CNVDT-CI) was in charge of distributing the money. The head of CNVDT-CI is now reported to have disappeared and there is no further indication as to when the remaining compensation will be paid out.

"We have been informed that a criminal complaint has just been lodged in the Ivorian courts against CNVDT-CI and we hope that this will deliver justice for the victims," Lacey said.

Amnesty International is now calling on the new government to ensure that "the missing millions are located as a matter of priority and the distribution process gets up and running to pay out to the remaining 6,000 who are still waiting for the money," Lacey told IPS, calling for the money to be accounted for and paid out.

Representative of a group of victims living next to the Akouedo dumpsite, Geneviève Diallo, said that five years after the incident, 300 people in the area still had not received their compensation.

ABI compensation culture claim hit back by pressure group

10/09/2011 18:37:00

The Association of British Insurers’ (ABI) call for reform of Britain’s compensation culture laws has been slammed by the Access to Justice Action Group (Ajag).

The move comes in repsonse to the ABI's report, Tackling the Compensation Culture : The Legal Aid, Sentencing and Punishment of Offenders Bill, which has called for action to tackle the aggressive activities of some claims management firms and measures be taken on fraudulent whiplash claims and referral fees for personal injury cases.

Arguing that 23% of road accident victims do not bother to claim and only 52% claim for an accident at work, even when they each know another person is to blame, Ajag co-ordinator Andrew Dismore claimed that there was no such thing as a compensation culture.

He said that while the ABI routinely alleged fraud, the proven number of cases was comparatively small. He cited the Experian Fraud Index which he argued confirmed the real figures: only 12 in every 10,000 applications and claims counted as fraud.

The government's proposals, promoted by the ABI, would affect access to justice for up to 600,000 people a year, he added.

Legislation to tackle compensation culture supported by Airmic

10/09/2011 18:26:22

Through The Legal Aid, Sentencing and Punishment of Offenders Bill, Airmic said it strongly supports plans to tackle the compensation culture for personal injury.

Currently before parliament, the draft legislation would implement some of the Jackson recommendations for streamlining the compensation system.

Airmic technical director Paul Hopkin said: “The proposed reforms would make it more difficult to make spurious and exaggerated claims whilst enabling genuine claimants to receive payment more quickly. By reducing the amount of time and money spent on the legal system, it would also help to control the cost of insurance.”

Airmic is a signatory to the paper ‘Tackling the Compensation Culture: the Legal Aid, Sentencing and Punishment of Offenders’ Bill’ published today by the Association of British Insurers.

No win no fee PPI compensation claims in the UK and Leicester

10/09/2011 18:19:22

Even when they were not in a situation to ever be able to claim on it, payment Protection Insurance (PPI) has been sold to millions of borrowers alongside loans. While some customers found their PPI policies useful, a vast percentage of those with PPI policies have found to have had them wrongly sold by their banks.

To compensate clients who had policies mis-sold to them, industry regulators have pressurised banks, and the outcome of the judicial review confirmed that the responsibility fell to the banks to ensure that compensation was given to wronged consumers. The result is that the banks are now facing substantial costs in order to meet their legal responsibilities.

According to estimates, over 10 billion Payment Protection Insurance (PPI) policies have been sold and as many as 30 million policy holders have a claim for compensation.

Dressage rider seeks personal injury compensation

10/09/2011 18:11:31

After his legs were crushed in a devastating car accident, a talented up-and-coming dressage rider is seeking compensation.

In January 2009, Sonnar Murray-Brown was involved in the accident near Stockbridge. He was the passenger in a Renault Clio driven by former friend Lee Harris. Mr Harris lost control of the vehicle, causing it to hit another vehicle head-on.

In the crash, Mr Murray-Brown suffered life-changing injuries as his legs were crushed. His right knee and thigh were shattered, whilst he also suffered an injury to his left leg.

Mr Brown underwent major surgery, but has been left with one leg shorter than the other. He faces the prospect of having more operations, and has had to give up dressage riding at the highest level. Before the accident, the talented rider looked destined to represent Great Britain.

The driver, Mr Harris, was convicted of driving without due care and attention in regards to the incident, and is now the subject of a compensation claim from Mr Murray-Brown, according to reports.

Last week, a writ issued at the High Court in London stated that he is seeking compensation of over £300,000 for his injuries. As well as ending his riding career, the injury looks set to halt his plans to work as a horse trainer, with the prognosis on his leg injury described as “uncertain”.

Man claims compensation after bus crashes with Hovis lorry

10/09/2011 17:22:00

A man is seeking compensation after being injured when a Hovis lorry crashed into a bus.

According to reports, David Horsfield was the passenger on the double-decker bus when the accident happened in December 2009. The bus was travelling around Fitzalan Square in Sheffield city centre when a lorry owned by the Hovis company crashed into it.

In the impact, Mr Horsfield was knocked to the floor and suffered serious injuries. He fractured his neck, and was rushed to hospital, where he remained for six months. The injury he suffered to his neck has left him partially paralysed.

Mr Horsfield is seeking compensation from Rank Hovis McDougall Group, the operators of the lorry, according to reports. An London, in papers submitted at the High Court his representatives argue that the lorry driver failed to give way, and drove into the bus’s path.

After the lorry driver was convicted of driving without due care and attention in regards to the incident, Rank Hovis McDougall Group admitted liability for the accident. The driver was fined £2,000.

However, the papers have been submitted at court, as the two sides cannot agree on a suitable compensation settlement amount for thebus accident injury claim. Mr Horsfield’s care needs, specialist equipment and adapted accommodation will be paid by the settlement.

£5.75m negligence compensation paid by Welsh health board

10/09/2011 17:13:47

After negligence by medical staff, a Welsh health board has paid out £5.75million in compensation.

Hywel Dda Health Board paid out £5.75m in compensation since April 2008 after they made a Freedom of Information request, according to figures reported by the Western Telegraph.

13 claims against the health board were successful, resulting in settlements totalling £1,465,663, in the financial year 2008/09. The following year the figure had risen to £1,906,519, but the number of successful claims had also risen sharply to 31.

The figures for the last financial year saw £1,458,616 split between 25 successful claimants. £926,177 has already been awarded in compensation from the health board since April this year.

£5.75m negligence compensation paid by Welsh health board

10/09/2011 16:58:07

After negligence by medical staff, a Welsh health board has paid out £5.75million in compensation.

Hywel Dda Health Board paid out £5.75m in compensation since April 2008 after they made a Freedom of Information request, according to figures reported by the Western Telegraph.

13 claims against the health board were successful, resulting in settlements totalling £1,465,663, in the financial year 2008/09. The following year the figure had risen to £1,906,519, but the number of successful claims had also risen sharply to 31.

The figures for the last financial year saw £1,458,616 split between 25 successful claimants. £926,177 has already been awarded in compensation from the health board since April this year.

£300,000 compensation claim made by bus passenger

10/09/2011 16:44:27

After an accident involving a left him partially disabled, A Sheffield man is seeking personal injury compensation of at least £300,000.

David Horsfield, 68, of Wincobank, in Sheffield, was attempting to get off the bus in Sheffield’s city centre, when the vehicle was involved in a collision with a Hovis lorry.

Mr Horsfield suffered a serious neck fracture in the incident, which has left the pensioner partially paralysed, claim reports.

Following the accident, Mr Horsfield had to endure six months of hospital treatment initially at the Northern General Hospital in Sheffield and later at the Royal Hallamshire Hospital’s specialised spinal unit.

Mr Horsfield is now pursuing a road accident claim against the Rank Hovis McDougall Group, after their driver was found guilty of driving without due care and attention and fined £2,000 following an appearance at Sheffield magistrate’s court.

Liability for the accident has already been accepted by the Solicitors representing the company; however the opposing sides have not been able to agree on how much compensation Mr. Horsfield should receive.

His home following the incident, Mr. Horsfield was forced to leave and now resides at the Roman Ridge Extra Care Scheme, in Wincobank, where he is cared for by two carers for five days per week seven hours a day.

Top judge emphasizes the ban on controversial £10,000 referral fees

10/09/2011 16:34:05

According to one of the country’s most senior judges, insurance companies are selling customer details to “no win, no fee” lawyers for as much as £10,000.

Lord Justice Jackson, the man who conducted a major review of civil litigation, accused those who sell the information as “middlemen who add no value” to the regime. He said the controversial practice should be banned.

Lord Justice is the latest high profile figure to criticise so-called “referral fees” where claims management companies, insurance firms, trade unions and others sell details of injury victims to lawyers who then encourage them to claim compensation.

Earlier this year following an investigation by Jack Straw, the practice was revealed the former Labour Justice Secretary, who said the cost of personal injury claims had doubled to £14 billion in 10 years.

The Government has said it is “sympathetic” to the idea of a ban but has not made any formal moves to do so.

Lord Jackson, who last year made 109 recommendations for a radical shake-up of civil litigation and the no win no fee system, said in some high value cases the referral fee can be at least £10,000.

They can account for half of the costs awarded in a successful claim, in low value cases.

“In the context of personal injury litigation, one consequence of the recoverability regime is that there is now far too much money swirling around in the system.This has led to a progressive escalation of the referral fees which lawyers pay to get a share of the business.Thus the beneficiaries are not the accident victims, but usually the referrers and (when no referral fee is paid) the lawyers,” he said In a speech in Cambridge.

He said that market forces compel personal injury solicitors to hand over a large part of the costs they receive to claims management companies, insurers and others.

Furthermore, Lord Justice Jackson accused the Law Society of representing the interests of compensation lawyers over the public in a joint campaign against planned cuts to civil legal aid and his proposed reform of civil litigation.

Man seeks compensation for crash from car manufacturer

10/09/2011 16:19:06

Compensation from the car manufacturer Caterham, is being sought by a man who blames it for a crash at the Nurburgring in Germany.

Back in April 2009, Shaun Cumbers was the passenger in his friend’s sports car as they travelled around the Nurburgring race circuit in Germany. The vehicle being driven was a Caterham 7 Superlight R500, a British made sports car that is capable of doing 0-60mph in 2.8 seconds and has a top speed of 150mph.

To test their vehicles, the Nurburgring circuit is used by car companies around the world. It also has numerous days when the 12 mile long track is open to the public to take their cars around for a small fee.

The driver lost control of the vehicle, and it spun into a crash barrier, as they were travelling around the circuit . Mr Cumbers suffered serious injuries in the crash, including a closed subdural haematoma which is a traumatic brain injury.

According to reports, the man is seeking compensation for his injuries from the manufacturers of the vehicle, Caterham Cars Ltd. In papers submitted at the High Court, it is argued that an oil hose failed, causing oil to leak and spin the car when it touched the wheels. The manufacturer sold a defective product, as the oil hose was lower than the engine block, causing it to scrape along the ground, argue the papers. Mr Cumbers is looking for compensation of over £300,000 if he gets successful in this case.

£15,000 compensation awarded to school employee after falling off toilet

04/09/2011 06:33:32

After falling from a toilet bowl she was standing on, while attempting to open a window, a school clerical assistant has been awarded over £15,000 in personal injury compensation.

Marie Wallace, 64, suffered a severe foot injury, in the accident and had to endure surgery for fractures and a detached Achilles tendon, from which she has not fully recovered.

At a court of appeal, Mrs. Wallace was awarded £15,900 in compensation after a judge originally decided that the school worker should not have attempted the dangerous manoeuvre in the first place.

However this decision was overruled by the appeal judge, who decided that the city council had breached health and safety regulations by not providing Mrs. Wallace with a pole, with which to reach the high window.

The diminutive Mrs. Wallace was attempting to open the window in order to ventilate the cubicle, as she did not want to leave it in a disagreeable condition for the next occupant, the court was told.

The original amount of compensation had been assessed at £31,800 but the judges ruled that Mrs. Wallace was equally to blame for the accident and had contributed significantly to her own injuries.

A pole has now been made available in the ladies toilets, following the incident.

£21,000 compensation due to poor lighting won by office worker

04/09/2011 06:28:10

An employee, who complained that fluorescent lighting in her office triggered her migraine attacks, has been awarded £21,000 in damages after winning her claim for compensation.

Genevieve Bove, 48, of Moss, in Wrexham, was forced to quit her job, after her repeated requests to change the harsh fluorescent lighting, which were causing her crippling headaches, were ignored by bosses.

Ms. Bove was working at the headquarters of the charitable organisation, the Association of Voluntary Organisations (AVOW) based in Wrexham, who were accused of failing to monitor the behaviour of paid officials at the establishment by an employment tribunal.

Charity chief John Gallanders, repeatedly ignored Ms. Bove’s request and even engineered a meeting with her to discuss her disability discrimination claim, in an office containing lights which he was aware would trigger her migraine attacks, told the tribunal.

Afterwards, Ms. Bove launched an official grievance against her boss with the charity’s trustees but this was not handled correctly and led to Ms. Bove being awarded £21,177 in compensation, for constructive dismissal and disability discrimination.

After the hearing Ms. Bove stated that the whole experience had made her feel ill, adding that the situation was totally unnecessary and that replacement lights could have been fitted for just a few pounds.

£15,000 compensation awarded to magician after severing tendon

04/09/2011 06:23:01

After medics failed to notice a severed tendon in his hand, a popular close up magician has been awarded £15,000 in medical negligence compensation.

Kyle Summers, 40, from Burbage, near Hinckley in Leicestershire, thought his career had come to an abrupt end, after a cup shattered in his hand while he was washing up.

The reports claim that the broken china cut deep into his thumb and required stitches at the George Eliot Hospital, where his hand was also x-rayed to make sure none of the shattered fragments had lodged under his skin.

Unfortunately hospital staff failed to notice that Mr. Summers had severed a tendon, leaving the illusionist unable to move his thumb, which had a major impact on his ability to work as a professional magician.

Not realizing that his notes incorrectly stated that his tendon was intact, his local GP and a physiotherapist assumed that Mr. Summers problem thumb was due to swelling.

It wasn’t until six weeks later that the true nature of the problem was diagnosed, by which time the tendon had deteriorated beyond repair.

It was only after suffering two painful operations and months of physiotherapy that Kyle was able to return to his chosen vocation.

A claim for medical negligence compensation against the George Eliot NHS Trust was made by Kyle, and was awarded £15,000 in an out of court settlement.

Compensation claim over ship circumcision by former sailor

04/09/2011 06:16:21

A former sailor who was circumcised by a ship's doctor and allegedly suffered ridicule from his shipmates is seeking compensation almost 40 years after the operation.

According to evidence to a tribunal, he woke during the operation and had to be physically restrained while it was completed.

It was claimed that the attendant holding him down then joked his foreskin would make good fish bait.

The Melbourne man, 56, is seeking a $28,600 a year defence force pension because he claims his severe depression that emerged after the circumcision was caused by his defence service.

The Repatriation Commission rejected his claim, despite its own expert diagnosing the man, known only as DZLG, as suffering a "generalised anxiety disorder" because of the ridicule after the operation.

However, the Administrative Appeals Tribunal ruled the commission was wrong and recommended the man be given a pension.

The tribunal was told that the man was 19 when he was posted on HMAS Sydney in 1973 and attended sick bay with a sore penis.

He had expected to receive an antiseptic cream but instead was circumcised and he told the tribunal the operation "just happened" and he had no time to object.

A medical attendant "held the removed foreskin in tongs and joked about using it for fishing", he said.

The man fainted and spent four days in sick bay, then his shipmates started taunting him.

''Jokes were made referring to the size of his penis . . . he was called names," the tribunal found.

The tribunal found that when he transferred to another ship the taunts continued and he became depressed, alienated and lonely.

His lawyer, Greg Isolani of KCI Lawyers, said the bullying affected the sailor for the rest of his life, leaving him a "shattered man".

He said it was "extremely disappointing" that the Department of Veterans' Affairs forced him to appeal to a tribunal.

£50,000 compensation for slips, trips and falls paid by council

04/09/2011 06:08:13

People injured by slips, trips and falls on the streets of Sheffield have been awarded more than £50,000 in personal injury compensation by a South Yorkshire council.

Sheffield City Council, paid compensation totalling £50,032.80 to people injured because of the poor condition of the city’s roads, pavements and other public places, revealed a A freedom of information request by the Star newspaper .

£11,250, was the largest single award paid out over the twelve month period , which was awarded to a claimant who fractured their hip and wrist after slipping and falling over loose tarmac.

Breaks and fractures accounted for compensation claims of £24,438.80 being paid to a total of five claimants, while cuts, bruises and abrasions resulted in compensation totalling £9,235 being awarded to ten members of the public.

Several small claims were resolved with payments of £250 for damage to a toe nail and £370 being paid to a disabled person who fell from their wheelchair, after hitting a pothole.

Adding that the majority of successful claims were usually settled out of court, Senior Claims Officer Bob Andrew stated that an estimated seventy percent of claims against the council were rejected.

A council spokesman stated that councillors were committed to improving the condition of Sheffield’s road and pavement network.

Over 1,500 workers' compensation claims filed

18/08/2011 18:57:13

According to a tally by a local labor bureau, as of Wednesday, over 1,500 applications for workers' compensation have been filed over people who died or went missing at work during the March 11 earthquake and tsunami in the three worst-hit prefectures.

Among them, approval has already been given for insurance benefits to be paid in 1,305 cases, equivalent to about one third of payments made nationwide in fiscal 2010, which ended March 31. The number of payments to be made is almost certain to become the largest ever for a single natural disaster in Japan.

This compares to the 67 cases of compensation payments made in the 1995 Great Hanshin Earthquake that devastated Kobe and its vicinity, and 10 cases following the 2004 quake that struck the Chuetsu area in Niigata Prefecture.

1,005 applications were made in Miyagi Prefecture, almost all by family members of workers who died or went missing in the tsunami, according to the Miyagi labor bureau . Also, 399 were filed in Iwate Prefecture and 131 in Fukushima Prefecture. Numbers are expected to rise further.

Once approved, the families will each receive a 3 million yen special payment, in addition to pension and other benefits.

In summer months, workers compensation claims peak

18/08/2011 18:48:47

According to an analysis of Travelers' claims data, from June through September, workers compensation claims at small businesses are at their peak. Lower back strains and other back-related injuries and injuries from slips, trips and falls are the most common, and workers under 30 years old comprise almost one third of those sustaining on-the-job injuries.

Marc Schmittlein, President and Chief Executive Officer, Travelers Small Commercial said : "This year marks the 100th anniversary of workers compensation insurance and Travelers continues to help business owners keep employees safe and healthy by encouraging them to adopt key risk management techniques. By taking even small steps, businesses can enhance employee health and manage the costs associated with workers' injuries."

Travelers Risk Control professionals recommend the following risk management tips to help business owners:

-- Sound Hiring Practices -- Summer is a particularly high traffic time for many businesses and hiring new full- and part-time employees is a common way business owners meet the increased demand. Businesses need to evaluate current hiring practices when recruiting new employees, especially considering that, on average, employees in their first year on the job have a higher incidence of injuries than those with more tenure. Making workplace safety part of the screening process is therefore paramount. Employers should inquire about a prospective employee's attitude toward safety issues during the hiring process.

-- Orientation and Training -- Regardless of the background or experience of an employee, it is critical that business owners orient and train all employees in safe work practices and procedures. Safety training of any sort should include: a focus on emergency procedures; a review of safe work practices; a reminder about required personal protective equipment; and a review of employee protocol should an accident occur. The formality of the training will vary based on the complexity of the task.

-- Active Supervision -- Promoting safe work practices through active supervision is a key component of mitigating workers compensation risks. Reinforcing the fact that the safety practices and procedures in place will protect employees is an important responsibility for all small business owners. Remembering to keep feedback upbeat and positive also promotes a productive and safe environment.

Legal aid offered by Coffee morning in Crewe

18/08/2011 18:08:27

On Friday, August 19, a Coffee morning, offering free legal advice, will be held in Crewe.

Organized by Poole Alcock Solicitors, the event will advise on matters relating to asbestosis and other industrial illnesses, personal injury, wills, lasting powers of attorney and conveyancing services.

Coffee will served from 9.30am to 12.30pm at Crosville Social Club, in Chester Street.

All proceeds will be donated to St Luke’s Hospice, in Winsford, whose staff will also be on hand to offer hospice information.

Company fined for crush injury to worker

18/08/2011 17:55:04

Following a number of safety failings, after one of its workers suffered severe wrist injuries in an accident at work, A Cardiff based metal roofing company have been fined .

Darren Gillard, 42, was using a piece of machinery on the production line at Euro Clad Ltd, who make metal roof panels, in April 2010. The machine positions wooden blocks underneath the packs of roof panels.

Some of the blocks in the machine became jammed and with the machine still in automatic mode, Mr Gillard proceeded to enter the enclosure. To free the jammed blocks, he reached underneath the machine, however once he did so the machine started up again crushing his wrist between the blocks and the frame.

After undergoing three operations to insert a metal plate into his wrist and skin grafts to treat severe skin abrasions, the Euro Clad employee was off work for four months.

In Court it was heard that the two meter high perimeter fence surrounding the machine had a broken interlocked gate, which enabled employees to gain access to the enclosure without properly making the machine safe to work on.

For failing to ensure that the correct measure had been taken when accessing dangerous pieces of machinery, the HSE (Health and Safety Executive) prosecuted Euro Clad Ltd and fined £20,000 with £6,000 costs after the investigation into the accident at work, found that the gate has been tampered with and tied open.

Cyclist to pursue road traffic injury claim

18/08/2011 17:48:09

A cyclist who has been seriously injured in a hit and run accident, is pursuing a claim for compensation after receiving a letter from the driver who caused the accident.

Peter Vaughan, sixty three year old cyclist and classic car enthusiast in October 2010, had his holiday cut short as he was cycling to his son’s house in Dublin and got hit from behind by a car which left the scene of the accident.

Mr Vaughan was found unconscious at the side of the road and an ambulance was called by a neighbor that rushed him to hospital where it found he had multiple injuries.

The cyclist suffered serious injuries including multiple leg fractures which he needed an operation on and is still wearing a metal frame, eye and shoulder injuries and injuries to his kidney, claim reports.

Mr Vaughan is starting to recover from his injuries, although, he has to use crutches to help him walk and is now seeking compensation for his injuries, so that the money received can help pay towards any rehabilitation he may require.

Work injury claim after worker severs fingers

18/08/2011 17:40:28

A pork products production company has been fined for an accident at work in which an employee seriously injures two fingers in a mixing machine.

In December 2009, the accident at work happened at Tulip Ltd. A sixty year old employee was working on the production line looking after one of the mixing machines, when he noticed a piece of blue plastic inside the mix, as he was adding some seasoning.

The employee proceeded to reach into the mixing bowl to pull out the piece of plastic, however in doing so lost his index and middle finger and severed his ring finger.

The Tulip employee was off work for ten months and had to endure several operations. When he returned to work he was unable to do the same job as he had loss of nerve endings his damaged fingers.

In an investigation carried out by the Health and Safety Executive, into the accident at Tulip Ltd revealed that the mixing machine was unguarded and should an electronic gate had been in place on the access step, they would have prevented the mixer from running as the seasoning was added.

Tulip pleading guilty to the charges of breaching the health and safety regulations and were fined £16,000 and ordered to pay £4,076 for costs.

Accident at work kills engineer

18/08/2011 17:32:13

A satellite installations engineer has been killed after he fell from a roof top whilst carrying out an installation for Foxtel Ltd.

In 2008 Foxtel engineer Noel Corbin, 29, from Croydon, was working on a satellite dish on the roof of a four storey house in London when he fell around 44 foot onto the patio at the side of the property, causing fatal head injuries.

In court it was heard that the Foxtel engineer had accessed the roof via a dormer window to work on a satellite on the roofs apex at the property and was seen working on another dish on a flat part of roof. It is believed from evidence seen in the report carried out by the HSE (Health and Safety Executive) that he fell from the flat roof or whilst walking across the sloping roof.

The engineer was not supplied with the proper equipment to safely carry out the work at height on large properties, found the investigation by the HSE. If he would have been it could have prevented such an accident, which tragically ended the engineer’s career and life.

Teenager paid personal injury compensation after being shot with air rifle

18/08/2011 17:26:18

Personal injury compensation has been received by a teenager who was shot with an air rifle whilst out camping with friends.

The seventeen year old who was injured, had been our camping at a playing field with his friends when he was approached by two men dressed in camouflage, once of which was carrying an air rifle.

As the teen was approached he, and was told by the two men to watch out for “dangerous people like us” and felt something hit the back of his leg.

After checking his leg he found a pellet embedded in the back of his knee which he removed.

The injury, relatively minor, could have been far worse, and the teen has been left with permanent scarring.

It was heard in court that the attacker, had previous convictions for being drunk and disorderly, criminal damage and assault. After this incident the shooter was told that if he carried on being reckless and violent towards others that he would end up in custody.

He was given 180 hours of community service, a twelve month suspended community order and made to was personal injury compensation of £200 to the teenager.

Personal injury compensation sought by barmaid

18/08/2011 17:14:17

Personal injury compensation is sought by a barmaid who was injured after a gas explosion, which left her trapped under the rubble.

In January 2009, a gas explosion ripped through the Drumtochty Arms Hotel just as it was completing a £750,000 refurbishment carried out by Instant Catering Maintenance, injuring three people, claim reports.

Barmaid, Danielle aged twenty six at the time of the explosion, was left buried beneath the rubble and suffered injuries including three broken ribs, a broken vertebra, breastbone and thumb and a collapsed lung.

Although lucky to be alive, Danielle feels that the injury to her back will affect her for the rest of her life and is on prescription painkillers to enable her to sleep and get on with her life.

In the blast, Danielle was one of three people injured and is seeking personal injury compensation against the hotel management and Instant Catering Maintenance.

Compensation sought by Cookley sacked employee

18/08/2011 17:07:38

Compensation for sex discrimination is being sought by a Cookely assistant chief manager who said she was dismissed by a Bromsgrove catering firm after complaining about health and safety breaches.

Stephanie Morrison, of Woodlands Road, Cookley, sought permission at a Birmingham Employment Tribunal preliminary hearing to go ahead with her compensation claim against Class Catering Services Ltd, of Weston Hall Road, Stoke Prior, Bromsgrove.

During her employment of just over six months at the firm, Miss Morrison alleged she was bullied and sexually harassed and discriminated.

Class Catering was said to be the supplier of high quality meals to school and organisations.

She was dismissed for making disclosures, in the public interest, about alleged health and safety breaches by the firm, alleged Miss Morrison.

Details of the alleged breaches and sex discrimination claims were not revealed.

Representing the firm, Elizabeth Hodgetts, opposed the sex discrimination claim and said the firm denied the allegations.

Miss Morrison was told that some of her claims had been made past the tribunal’s three-month deadline and that she could not make a claim for unfair dismissal because she had not been employed for a year or more.

Miss Morrison could go ahead with her claim for sex discrimination, said Tribunal Judge Shirley Woffenden .

The full hearing is to be held next year with at least six witnesses attending.

A landmark ruling in personal injury compensation

12/08/2011 18:03:42

A recent Court of Appeal ruling where a mother was awarded more than half of her ex-husband's compensation from a personal injury claim could pave the way for a new trend of claimants opting for periodical payments over lump sums of compensation.

In 1998, Kevin Mansfield was involved in a road traffic accident. He lost a leg in the accident and suffered spinal injuries. He made a personal injury claim and received damages of £500,000. Five years later, he met his now ex-wife and they went on to have twins but subsequently split up in 2008. Mrs Mansfield, as part of the divorce proceedings, claimed that she was entitled to a share of her ex-husband's personal injury compensation.

Despite the payout pre-dating the marriage, the Court of Appeal ruled at the end of last month that the £500,000 compensation award should be regarded as an asset of the family. The court ordered that Mrs Mansfield was entitled to £285,000 for the benefit of herself and her two children.

Measures to curb ‘compensation culture’ called by Axa insurance boss

12/08/2011 17:46:31

UK society is “drifting into a compensation culture” the boss of insurance giant Axa today warned as the company announced “strong” half-year results.

Axa, which employs 15,000 people across the UK, including more than 1,000 at its Ipswich offices, said the group’s underlying earnings had “improved significantly” in 2011 - but called for measures to curb the problem, which it said was sending up motor premiums.

It had become the first - and so far the only - insurer to unilaterally ban referral fees in a bid to curtail market practices which fuel the ‘compensation culture’, and therefore increases in motor premiums, said the insurer.

Axa UK and Ireland group chief executive Paul Evans called for a “radical steps”, including a review of the fixed fees earned by personal injury lawyers.

Paul Evans said: “There seems to be no question that UK society is drifting into a compensation culture, encouraged by an industry of claims management firms and personal injury lawyers that has formed to profit from road traffic accidents.”

“Indeed, in some regions of the UK, the frequency of personal injury claims is more than double the level we see in the Republic of Ireland, where these practices are yet to take hold.

“AXA remains the only insurer to have banned referral fees and whilst we welcome signals that the Government is minded to impose a market-wide ban on referral fees, they are a symptom – not the cause – of the increase in personal injury claims.

“We believe more radical steps are needed. Firstly, a robust review of the fixed fees earned by personal injury lawyers. The fixed fees under the Ministry of Justice (MoJ) Portal are quite obviously too high at £1,200 given they allow an average referral fee of around £800 to be paid and still generate sufficient profit.”

The near doubling in claims management firms between 2008 and 2010 stood as “testament to the level of profitability available” from personal injury work, he said.

“Logic suggests that a reduced standard fixed fee in the region of £400 would still allow personal injury lawyers to earn reasonable profits,” he argued.

To drive out fraudulent claim, he called for an increase in the burden of proof for whiplash and a comprehensive medical evaluation of muscle damage as it was these incidents, he said, which were driving the increase in claims, causing motor premiums to rise.

“Such an evaluation will help deepen our understanding of minor soft tissue injuries – and provide the basis for better diagnosis – so that those who are injured by the negligent acts of others receive the timely and fair compensation they are due – and spurious claims can be filtered out and rejected without incurring unnecessary cost,” he said.

The group said its wealth management, healthcare and general insurance was on track to deliver “strong, profitable growth”, with UK direct personal insurance revenues rising by 22%, taking total UK and Ireland revenues to £2billion.

Mr Evans said that sustained growth and improved profitability across each of the UK and Ireland operations against a backdrop of challenging conditions showed the benefits of the reorganisation which the group underwent in late 2010.

Mine gets clearance over truck injury claims

12/08/2011 17:15:38

A mining company and senior site supervisor have been found not guilty over claims of workplace OH&S breaches following a truck incident which seriously injured the driver.

According to reports, the case has now been finalized after four years.

In 2007, the accident occurred when truck driver Dave Jessup was travelling along an access ramp at Vale’s former Broadlea coal mine near Moranbah, his truck crashed and overturned.

Jessup suffered multiple fractures to his leg and broke his neck.

Broadlea Coal Management and site supervisor Darren Carpenter were both charged, and pleaded not guilty.

Witnesses stated during the trail that Carpenter was focused on safety in all his duties, and held weekly safety meetings.

Jessup said that he had worked at the site for five weeks after completing an induction course, during which he was taught pre-start safety checks and how to maintain log books.

However, he said that despite the induction course he had never carried out pre-start checks nor kept up to date log books. Furthermore, he also admitted that he was not wearing a seat belt.

Industrial Magistrate Dwyer ruled that “the injuries to Mr Jessup were not caused by the contravention of any obligations by Broadlea Coal or Mr Carpenter under the Coal Mining Health and Safety Act.”

The Broadlea coal mine was closed in 2009.

$10 million in compensation claims against Olympic National Park over hiker’s death

12/08/2011 17:08:09

$10,022,700 Wrongful death and personal injury claims have been made against Olympic National Park over the death of Bob Boardman, and a full-blown lawsuit may be imminent, according to his estate's lawyer.

Personal injury lawyer John Messina of Tacoma said: “We are intending to file a wrongful death suit.”

He said the park is liable for Boardman's death.

“Negligence is the basis,” he said Friday. “Our goal is to seek justice in this case and wake up the park system.”

So far, three claims were made. They are from Boardman's estate; his widow, Susan Chadd of Port Angeles; and her son, Jacob Haverfield, Messina said, and were made as a prelude to likely filing the lawsuit against the park in federal District Court in Tacoma.

Park officials would not comment on the claims, said Barb Maynes, park spokeswoman.

On May 1, the claims were served on park Superintendent Karen Gustin Messina said.

Boardman, 63, of Port Angeles was fatally gored by a 370-pound mountain goat while hiking on Klahhane Ridge with Chadd and their friend Pat Willits, also of Port Angeles, on the afternoon of Oct. 16.

“I feel like they weren't protecting people and the ecosystem, and I feel that on the day of the accident, they responded very poorly to our calls for help,” Chadd said in an interview.

According to Chief Park Ranger Colin Smith, the mountain goat had a history of “aggressive behavior.”

According to park reports, Boardman had not acted aggressively toward the animal,.

According to park ranger reports of the incident, the mountain goat, which severed Boardman's artery, stood over Boardman for about 30 minutes, making it impossible for Chadd to reach him.

The reports said that Boardman likely died within five minutes of being gored .

Chadd said the park was “very irresponsible” by suggesting that throwing rocks would ward off the animal that killed her husband.

The wrongful death claims include $5 million for Boardman's estate, $3 million for Chadd and $2 million for Haverfield.

£6.6m compensation for disabled boy

12/08/2011 17:00:11

A compensation package worth around £6.6m has been awarded to a boy who was left with profound disabilities as a result of medical negligence during his birth.

In 2004, Leo Whiten, now aged seven, was left with severe brain damage as a result of his delivery at London's St George's Hospital. He suffered "catastrophic injuries" during the birth, and will require others to care for him for the rest of his life.

For personal injury and financial losses sustained as a result of the negligent management of his mother's labour and his birth, Leo, from Tooting in south-west London, claimed damages against the St George's Healthcare NHS Trust.

At the High Court, Mrs Justice Swift, who assessed the various sums to be paid, said the experts agreed that Leo "will always be totally dependent on the care of others for all his daily activities".

She added: "He will never be able to live independently, will not be capable of any form of employment and will never have the necessary mental capacity to be able to manage his own affairs."

In September 2005, breach of duty was admitted said the judge, and in March 2006 "the defendant further admitted that its breach of duty had caused the claimant's injury".

Leo was the first child of Simon Whiten, now aged 42, and Samantha Nowell, now 33. At the time of his birth they both had "well-paid employment". Leo has limited mobility and cannot stand or walk unaided. He can vocalise, but has no "functional speech".

"Despite his profound disabilities, it is clear that he is a very engaging and generally happy child who is socially aware and thoroughly enjoys the company and attention of adults and other children," said Mrs Justice Swift, giving her ruling in London.

The compensation award includes a lump sum of £2.7m, while most of the damages will be in the form of annual payments to ensure care for Leo for the rest of his life.

Builder suffers personal injury after falling off unguarded staircase

05/08/2011 18:58:46

In an accident at work A builder was injured after falling off an unguarded staircase.

In November 2009, David Tourish was working on the building of a new house when the accident occurred. He was employed by the company Walker Group Ltd, and was asked to help a colleague to lift some doors up a temporary staircase.

To prevent anyone from falling down it, this staircase had a gap between the landing and the outside wall that was protected by a guardrail. However, this guardrail had been removed two days before the accident, to allow another worker to fit plasterboard to the wall. The guardrail was not replaced when this work was completed.

As Mr Tourish and his colleague were carrying one of the doors up the staircase, he accidentally stepped off the landing and fell through the unguarded gap to the floor below. He suffered personal injury in the event including bruised kidneys and broken ribs.

The site manager should have realised the unguarded staircase posed a risk to workers, and ensured a safer way of working, concluded an investigation.

The HSE took the firm to court for breaking work at height regulations, and they were fined £8,000.

Woman suffers personal injury at work

05/08/2011 18:47:43

In a work accident involving a roller machine, a woman had three of her fingers severed .

In January 2009, Cheryl Bridge suffered the terrible accident at paper tablecloth manufacturer Emboss Ltd. She was attempting to clean a set of large printer rollers, using a cloth while the machine was still running. The cleaning cloth became caught between the two rollers, and she tried to free it with her hand.

Unfortunately, her hand was pulled into the two rollers, and she suffered serious injuries to her fingers. The injury left her with the little finger on her right hand amputated, and the index finger and ring finger on the same hand amputated below the second joint.

The guard on the machine that protects the rollers was not in use at the time of the accident, and that the correct procedure for cleaning the rollers was rarely followed in the factory, found an investigation by the HSE. This involved using a spatula rather than a cloth, and stopping the machine in stages rather than running in it at full speed.

The company pleaded guilty to breaking health and safety regulation. At Liverpool Crown Court this week, they were fined £30,000.

From Staffordshire NHS Trust, 17 families get negligence compensation

05/08/2011 18:42:17

Medical negligence compensation from Mid Staffordshire NHS Trust has been received by 17 families.

According to BBC, the total compensation amount for these 17 cases is £173,000. It has been awarded to patients or relatives of patients who suffered at the hands of sub-standard medical care.

These payments come on the back of Mid Staffordshire NHS Trust paying out compensation of over £1million in 98 cases, due to the scandal hit Stafford Hospital. The claims were made by those who had suffered from unacceptable nursing care.

In 2009, Stafford Hospital was the subject of a Healthcare Commission report that concluded that more patients died there than was to be expected between the period of 2005 and 2008. Reports estimate the figure of patients affected, to be somewhere between 400 and 1200.

The Chief Executive of Mid Staffordshire NHS Trust, after settling these latest cases, offered sincere apologies to those affected, and stressed they had made improvements to the levels of care given. Finally, it was insisted that all efforts would be put into making sure all improvements were sustained.

On behalf of individual NHS Trusts, the compensation money is paid out by the NHS Litigation Authority.

Work related accidents numbers in Lancashire highlighted by personal injury solicitors

05/08/2011 18:36:53

There over 10,000 injuries in the workplace were reported due to slips and trips, estimated to cost businesses a total of £521,000,000, last year.

In majority of cases, these types of accidents could easily be prevented if the correct action has been taken by the employer.

The Health and Safety Executive (HSE), in Jan 2011, released a plea to employers to make health and safety a priority going forward.

In 2010, more than 300 work related incidents occurred across the North West each week, an annual total of 16,385 people being injured or resulting in fatal accidents, according to the Health and Safety Executive .

In 2010 the Health and Safety Executive prosecuted North West firms for 100 breaches for health and safety legislation, taking action against hundreds of businesses by issuing them with Prohibition and Improvement Notices.

Many people who have suffered a work related injury go onto seek the legal advice and guidance from a personal injury solicitor about pursuing an accident at work claim.

Recovering millions of pounds in compensation, Lancashire based personal injury firm, PHC Law Ltd, help thousands of people every year throughout the North West and the UK to recover from injuries they have sustained whilst at work.

Solicitors qualification not checked by majority of Britons

05/08/2011 18:31:27

Just over half of Britons who claimed to have instructed a solicitor’s services within the past 3 years did so without checking their qualifications, revealed a new research from a newly launched website for personal injury lawyers .

The majority of Britons do not do their homework before instructing the services of a solicitor; with 52% of those who claimed to have used a solicitor within the past 3 years admitting that they did so without checking for correct qualifications first, the study revealed.

The study was conducted by www.personalinjurylawyers.co.uk, with 1,103 people aged 18 and over who had instructed a solicitor’s services within the past 3 years taking part. The study was conducted due to the site’s focus on ensuring that consumers only instruct the services of correctly qualified and accredited solicitors.

According to the survey, those who said that they had not checked qualifications were further asked if they had been satisfied with the service provided by the solicitor in question. 41% of respondents admitted that they had been ‘unsatisfied.’

Those taking part were also asked if they had checked to see if the solicitor in question held accreditations in the area of law that their query concerned, to which over two thirds, 76%, of respondents again answered “no.”

Surprisingly, just a fifth, 22%, of people claimed that they had sought recommendations from others before instructing the services of a solicitor; whilst the vast majority, 62%, claimed that they had not ‘looked around’ more than one solicitor before choosing their legal representative.

Donaldson Walsh Lawyers give new insight into personal injury law

05/08/2011 18:26:31

Donaldson Walsh Lawyers (DW), Adelaide full-service commercial law firm, has now made its unique insight into the field of personal injury law available to plaintiffs.

The firm has just launched a specialist new practice area called DW Personal Injury Lawyers, following seven years acting on behalf of the Motor Accident Commission which administers South Australia's Compulsory Third Party (CTP) insurance scheme.

Their CTP experience has given them a knowledge of personal injury law that's second to none, according to the group's Special Counsel Joan Miller.

"We're all highly skilled senior practitioners," said Ms Miller. "We have strong, established relationships with all major insurers, and the kind of full-spectrum expertise that only comes from having seen things from both sides of the fence."

DW Managing Partner John Walsh said that this was of particular benefit to clients dealing with traumatic situations in their lives.

Ms Miller said DW Personal Injury Lawyers offered advice and representation for clients in all forms of personal injury claims, and endeavoured to be as accessible as possible.

"Our offices are centrally located near the Courts in the CBD, with wheelchair access," she said. "But we're also happy to make hospital visits and out-of-hours appointments when required.

"And the first 30 minutes of the initial consultation is always free of charge."

Essex man suffers personal injury at work

05/08/2011 18:17:34

After an employee was seriously injured by a heavy goods vehicle, in an accident at work, a parcel delivery company has been fined £150,000.

Simon Mason,22, of Romford, in Essex, was working at the Tufnells Parcels Express, warehouse in West Horndon near Brentwood, when a reversing articulated HGV, crushed his skull against a loading bay wall.

Mr. Mason was working the nightshift at the warehouse and was preparing to unload the vehicle as it reversed into a loading bay, revealed an investigation by the Health and Safety Executive .

When the trailer stopped moving the warehouse porter noticed it needed to be straightened up but as he leaned behind the trailer to shout instructions to the driver it continued reversing crushing the man’s skull.

In the accident, Mr. Mason suffered a serious head injury which required months of care and several operations, he has since returned to work but still suffers the long term ill affects if his injuries.

At Chelmsford Crown Court, Tufnells Parcels Express Ltd, whose head office is located at Shepcote Lane, in Sheffield, was fined £150,000 and ordered to pay costs totalling £19,000 after admitting a breach of the Health and Safety at Work Act.

Mother wins £92,000 compensation claim

05/08/2011 18:10:34

£92,000 in medical negligence compensation was awarded to the mother of two, who almost lost her life after a routine gall stone operation.

According to reports Paula Thomas, 38, from Waters Edge, in Middleton, was admitted to the Methley Park private Hospital, near Castleford, in Yorkshire for surgery, after being diagnosed with a gall stone.

Following the routine operation, Mrs. Thomas, appeared to be making a good recovery but a few days after surgery was re-admitted to Methley Park in extreme pain, she was later transferred to the Pinderfields Hospital in Wakefield, where her condition became life threatening after she suffered multiple organ failure.

The High Court in London was told that during her initial operation Mrs. Thomas’s bile duct had been damaged, which led to her life threatening condition and the draining of seven litres of bile from her body.

Against surgeon Paul Curley who originally denied liability, maintaining that other problems could have caused the injury, Mrs. Thomas made a claim for medical negligence compensation.

However, Mrs. Thomas, following the High Court hearing, was awarded £92,000 in damages, after the court ruled that her injuries had indeed been caused through negligence.

Girl injured at birth to receive compensation

05/08/2011 05:20:05

Left severely injured after mistakes were made in her birth, a girl is set to receive millions in compensation.

Ella Franklin was injured during her birth in 1999, according to reports. She suffered oxygen starvation to the brain whilst in the womb, during her mother’s labor. When she was born, the oxygen starvation had left her brain damaged and with cognitive difficulties.

For the mistakes made in the birth, Her family sought compensation from Epsom and St Helier University Hospitals NHS Trust. Ella’s injuries have left the 11 year old needing round-the-clock care, and she will continue to do so for the rest of her life.

Now, reports claim that the NHS Trust has agreed to pay compensation to Ella, which will consist of an up-front lump sum payment coupled with annual payments for the rest of her life. Although no figures have been reported, in similar cases the settlements run into the millions of pounds.

In London’s High Court this week, the Judge who approved the birth injury claim   also praised the “exceptional level of care” the family had lavished on the “much loved” youngster. The NHS Trust offered its sincere apologies to the family and wished them all the best for the future.

Biker sues schoolgirls for personal injury compensation

05/08/2011 05:14:01

Two schoolgirls are being sued for personal injury compensation by a biker who was severely injured in a road traffic accident, after he blamed them for causing the accident.

Back in 2008, motorcyclist Dennis Porter was injured in the accident. Newspapers report that he was riding his motorcycle through the streets of Hackbridge at the time.

The two 15 year old schoolgirls (who are now 19) had recently disembarked off the bus home from school. At the High Court in London, a writ issued states that they did not use the pedestrian crossing further up the road, but tried to cross the road in between slow moving traffic instead.

Travelling within the speed limit, Mr Porter came round a bend in the road before he saw the girls in the road. He braked and successfully swerved to avoid hitting them. However, the swerve caused him to fall from the bike into the path of an oncoming Ford Transit van, which ran over him. He suffered a devastating injury in the collision, which has left him paralysed and quadriplegic.

The writ accuses the girls of failing to cross the road safely, and walking into the path of a motorcycle. Besides, it states that Mr Watts is seeking personal injury compensation of more than £300,000 for his injuries.

Woman to seek personal injury compensation after eye injury

05/08/2011 05:07:21

After a popping balloon caused her a serious eye injury, a woman is seeking personal injury compensation .

To use as part of celebrations for her husband’s 60th birthday, Alison Fox had bought the balloons from Sainsbury’s. The balloons were special novelty balloons that were illuminated by a battery pack inside.

One of the balloons exploded unexpectedly, while they were having the birthday dinner with friends. This caused the battery pack inside to hit Mrs Fox in the eye causing a serious injury.

She was taken to hospital where she was told that she was suffering from an abrasion on the cornea, and a shaken retina. She was left with serious swelling to the eye, and was blinded for a few days afterwards. For a month after the incident she also suffered from headaches and blurred vision.

Reports claim that Mrs Fox is considering seeking eye injury compensation for her injuries from the manufacturers of the balloons, Seatriver International. She is quoted as stating that any legal action is more about highlighting the dangers of the balloons then receiving monetary compensation. She urged people especially parents to take care when using the balloons.

A spokesperson for the manufacturer told a newspaper that they were investigating the incident, but insisted that all of their products met legal safety standards and certifications.

3k personal injury compensation for the caretaker

05/08/2011 04:58:15

After fumes from cleaning chemicals caused him to pass out, fall and injure himself, a caretaker has been awarded personal injury compensation of £3,000.

When the incident occurred, Desmond Groom was working for Burrowes Street Tenant Management Organisation (TMO) Ltd. He had arrived at one of the premises managed by the organisation to start cleaning.

When he arrived, he saw a note telling him to use a substance in a non-descript bo

£6m unsuccessful swimming accident claim

04/08/2011 18:58:31

At London’s High Court this week, a £6 million pound compensation claim for a swimming accident has not been successful

In August 2006, Kylie Grimes suffered life-changing injuries in an accident when she was just 18 years old. She had gone to a party at her friend’s house whilst her friend’s parents were away. During her time there, Ms Grimes dived into the swimming pool at the house but hit her head on the floor of the pool.

In the accident, she suffered serious injury breaking vertebrae below her neck. The injury has left her wheelchair bound for the rest of her life

Ms Grimes tried to seek personal injury compensation from the owner of the pool, her friend’s father, David Hawkins. Her legal team argued at the High Court that Mr Hawkins had broken the Occupiers’ Liability Act, and hence was responsible for paying compensation to Ms Grimes for her injuries. The pool house should have been locked off or should have contained warning signs about the dangers of diving into the pool, they argued.

However, describing the 1.8metre pool as not unsafe for diving, the Judge in the case ruled in favour of Mr Hawkins. They also stated that it was not necessary for a pool owner to stop adults diving into an ordinary sized pool whose dimensions are visible to all. The Judge concluded that Ms Grimes did something that she knew involved an obvious risk.

£45,000 accident compensation paid to pupils by schools in South Wales

04/08/2011 17:26:06

Over the last three years, councils across South Wales have paid out a total of £45,000 in personal injury compensation to pupils injured in accidents at the regions schools.

According to reports, the figures have been made available following a series of freedom of information requests to councils in the area.

Awarding nine pupils a total of £17,799.10 in compensation for injuries received while on school property, The figures show that Cardiff Council paid out the most compensation during the three year period, .

Six of the pupils injured received compensation in excess of £1,000 while a further two were awarded a payment of £5,000 each.

Regular health and safety checks were carried out at schools in the city every term, said a spokesperson for Cardiff Council.

Damages totalling £11,950, including £3,000 to a thirteen year old girl who slipped on a defective step and a further £2,000 was awarded to a young girl who was injured when a stacked table fell onto herwere paid out by the Rhondda Cynon Taf Council.

Three claims amounting to £10,250 in compensation was paid by Caerphilly Council, with a spokesman stating that the safety of pupils was ‘paramount’ but it was inevitable that sometimes accidents would occur.

Mother wins right to more than half of ex-husband’s £500,000 crash compensation payout

31/07/2011 19:01:29

In a landmark ruling, a woman battling her amputee ex-husband for the lion's share of his £500,000 compensation has won the right to more than half his money.

Her needs and those of their children were more important than those of the disabled man, declared the The Appeal Court.

The money Kevin Mansfield received in 1998 after losing a leg in a road smash - five years before he met his former wife Cathryn - ought to be 'available to all his family' and that the needs of his ex-wife and their four-year-old twins were 'primary' and outweighed his own, ruled Lord Justice Thorpe .

Mr Mansfield, 41, now faces having to sell his home, a specially adapted bungalow in Chelmsford, Essex - to meet the court's order that he pay £285,000 to 37-year-old Cathryn, so she can buy a new home for herself and their two children.

But Lord Justice Thorpe left Mr Mansfield with a glimmer of hope by also ordering that £95,000 of the money must be paid back to him by his ex-wife if she remarries a partner who can support her, or in 14 years time, once their children have grown up.

In 1992, Mr Mansfield was still a student when he lost a leg and suffered serious spinal injuries when he was hit by a car. He met his ex-wife Cathryn five years after receiving £500,000 compensation in 1998.

The couple split up in 2008, soon after having twins, Carys and Corben - now aged four - through IVF treatment. Mr Mansfield told the court that almost the whole of the family's wealth at the point of their divorce derived from his damages payout.

In May last year, at a divorce hearing he heard a judge rule that his compensation should be regarded as an asset of the marriage and divided accordingly.

He took his case to the Appeal Court, but Richard Todd QC, for Cathryn Mansfield, insisted it made no difference that his damages payout pre-dated his marriage.

Compensation claimants losing out to effects of tax and inflation

31/07/2011 18:52:39

Last year, compensation claimants who deposited their awards with the Court Funds Office suffered £140m erosion in value as inflation ate into their money.

For about 140,000 people, the CFO provides banking and administration services the majority of whom have received personal injury awards and rely on income from their award to fund medical care and specialist support. The clients include children who suffered from medical negligence at birth, people who have become mentally incapacitated through a road traffic accident, and elderly people suffering from dementia. Money may also be deposited in the funds while waiting for the settlement of a civil court action.

There are two cash interest rates paid: the basic rate of 0.3% applies to county court and high court awards involving adults, while the "special" rate of 0.5% is paid on court of protection awards, leaving those who the money is intended for almost completely exposed to the ravaging effects of inflation and tax. The CFO also offers an equity index tracker fund, run by Legal & General.

Last year alone, the office holds a total of £3.3bn in cash; and wealth management service Investec Wealth & Investment  has calculated that inflation has diminished the value of this money by £140m.

"The Special Account used to pay 6% as recently as two years ago, but it dropped to 0.5% in July 2009. Sadly many parents and carers charged with the responsibility of managing their dependants' financial affairs have kept the money where it is despite the impact this is having,” said Richard Fullman, divisional director of the personal injury and court of protection team at Investec Wealth & Investment.

"In our experience many people don't realise that the ongoing interest they receive plus any capital gain over their allowances, is taxable. Add to this a widespread tendency to underestimate the impact of inflation over the lifetime of an award and you have a situation where many vulnerable people are in danger of running out of money too soon. It's tempting to leave a large sum of cash on deposit, particularly in the current investment climate. But it's not necessarily the lowest risk approach and almost certainly isn't the most tax efficient."

Holidaymaker Seeks £300,000 personal injury compensation

29/07/2011 05:40:16

A claim for £300,000 in personal injury compensation is to be made by a holidaymaker, who was badly injured following a fall at a Caravan Park in Cornwall.

According to reports, Margaret Manners and her family had booked accommodation at the Killigarth Manor Holiday Park, in Polperro, Cornwall, on the understanding that one of their chalets would have suitable wheelchair access.

However, Mrs. Manners on arrival at the caravan park was disappointed to discover that she could only access her chalet by climbing up five high steps. After voicing their complaint the family was informed that no alternative accommodation was available.

Although a wheelchair user, Mrs Manners could manage to walk short distances but unfortunately after returning to the chalet following a day trip out and attempting to climb the stairs with the aid of her crutch, Mrs. Manners slipped and tumbled to the ground.

Mrs Manners, of Prescelly Close, in Basingstoke, injured her spine in the accident which has now left her totally wheelchair dependent and heavily reliant on the assistance of others.

John Fowler Holidays, based in Ilfracombe who run the caravan park, have accepted liability for Mrs. Manners’ injuries but the two legal teams involved have not yet reached agreement on the amount of compensation that should be paid.

Workers' compensation claim of Janet Evans still open

28/07/2011 17:46:35

According to reports, Scranton City Council President Janet Evans' workers' compensation claim against the Scranton School District remains active, despite her recent retirement as a schoolteacher.

Mrs. Evans, meanwhile, continues to refuse to answer questions about her claim, and district officials continue to deny Times-Tribune requests for information under the state's Right to Know Law.

"It is with a workers' compensation judge," said Chris Manlove, Department of Labor and Industry spokesman, meaning the case has yet to be decided. He said claimants receive benefits while their cases are awaiting resolution.

In June, after being absent from the classroom for nearly two years, Mrs. Evans, who retired from the district has refused to answer questions about her claim since she announced at an October 2009 council meeting that a back injury prevented her from working at her teaching job or campaigning during the election season.

Mrs. Evans again declined to speak to the newspaper when the newspaper again raised the issue of her work status this spring and chose to address the issue on her terms at a televised city council meeting.

"My injuries were medically confirmed by both my treating physicians and independent medical examiners," Mrs. Evans said, adding that she collects a combined $44,602 annually between her council salary of $12,500 and what she called a "statutorily mandated payment."

Dismissing The Times-Tribune's inquiry into her work status as "irresponsible" and "malicious," Mrs. Evans refused to answer a reporter's questions about her compensation claim after the meeting.

Flight attendant sues BA for personal injury at work

28/07/2011 17:16:46

After suffering personal injury while doing her job, a flight attendant is taking legal action against British Airways (BA).

According to reports, Gail Ormiston-White was working on a flight from Heathrow when the accident occurred in July 2008.

The journey was delayed and the staff member had gone to the rear galley to get water for a passenger while they waited.

She moved an ice canister out of her way to get it, but the door of the cabinet she had placed it in swung open, spilling ice on the floor.

The door swung open again, although she closed it before bending down to pick up the spillage, and the heavy canister fell on to her head.

She suffered "serious neurological consequences" as a result, meaning that she has no longer been able to work, stated Ms Ormiston-White in her High Court writ .

Alleging that it breached its duties, the victim is seeking between GBP 100,000 and GBP 300,000 from BA in personal injury compensation.

"The double stowing of canisters in the limited space in the galley was against the correct procedure for the stowing of canisters," said Ms Ormiston-White's writ.

A spokesperson from BA confirmed that a claim had been received, but declined to comment further.

'Unforgivable' asbestos compensation delay

28/07/2011 17:05:05

For delaying the processing of dozens of compensation claims for asbestos victims, Trade unions have attacked the New South Wales Government.

Applications for compensation for those affected by asbestos-related diseases are assessed by the state's Dust Diseases Board.

In March, when the Coalition Government was elected it asked all board members to re-apply for their jobs.

Last Thursday, an email sent by the board's general manager said a scheduled meeting was being cancelled because the re-appointment process had not been finalised.

Tim Ayers, from the Australian Manufacturing Workers Union, says the delays will affect up to 80 people.

"It's unforgivable really. This puts families and dust diseases sufferers in a terrible position," Mr Ayers said.

"Asbestosis and mesothelioma require very expensive treatment that the Dust Diseases Board pay for and this means treatment for sufferers will be delayed."

A spokesman for Finance Minister Greg Pearce says the board appointments are under consideration and the compensation meetings will recommence shortly.

Transfer of personal injury lawsuit sought by alleged drunk driver

28/07/2011 17:00:31

A man accused of driving while intoxicated is asking a local judge to transfer the personal injury lawsuit against him.
On April 8, in Jefferson County District Court, as previously reported, Laretta Hill filed suit against Karlon Travis Bowen, Kandace Bowen, Mid-County Ventures and Whiskey River.
Hill, in her suit, claims she was riding in a vehicle driven by Bowen traveling east on Interstate 10 when Bowen took the exit ramp at milepost 856 and struck the concrete crash pad.
On June 16, arguing that the collision occurred in Rose City, Bowen filed a motion to transfer the lawsuit to Orange County.
Hill claims she sustained injuries, physical impairment, disfigurement, extreme physical and mental pain and suffering and anguish, the suit states. In addition, she incurred medical costs, the complaint says.
The case is assigned to Judge Milton Shuffield, 136th District Court.

Ministry of Defence pays £100,000 compensation

22/07/2011 08:37:19

£100,000 compensation to the family of an Iraqi teenager who drowned near Basra after being detained by British troops has been approved by the Ministry of Defence. In an out-of-court settlement with his relatives' British lawyers, the MoD did not admit liability for the death of 18-year-old Saeed Shabram in May 2003.

His cousin, Menem Akaili, who claims he was forced into the Shatt al-Arab river by soldiers at the same time, will also receive an official payment.

According to Akaili he and Shabram were approached by a British patrol and led at gunpoint down to a jetty before being forced into the river. The punishment was known as "wetting" and said to have been inflicted on local youths suspected of looting.

"Wetting was supposed to humiliate those suspected of being petty criminals," said Sapna Malik, the family's lawyer at Leigh Day and Co. "Although the MoD denies that there was a policy of wetting to deal with suspected looters around the time of this incident, evidence we have seen suggests otherwise.

"The tactics employed by the MoD appeared to include throwing or placing suspected looters into either of Basra's two main waterways."

Akaili was rescued by the Iraqi bystanders but his cousin disappeared. Shabram's body was later recovered by a diver hired by his father, Radhi Shabram. Shabram's mother waited on the river bank for four hours, screaming and crying, while the diver searched the river. "When Saeed's corpse was finally pulled from the river, Radhi describes how it was bloated and covered with marks and bruises," said Leigh Day.

Akaili said: "I feel as though what happened to Saeed was totally pointless. We begged the soldiers to show us mercy but they ignored us, killed my dear friend and nearly killed me." None of the four soldiers said to have been involved was charged. The initial stage of the official investigation into the drowning took more than three years.

"When compensation claims are received by the Ministry of Defence they are considered on the basis of whether or not there is a legal liability to pay compensation. In this case we came to an amicable settlement and our sympathies remain with Mr Shabram's family," said a spokesperson for MoD.

Express Solicitors Invests in Website Marketing Strategy

22/07/2011 08:31:36

A leading UK firm of fully accredited personal injury solicitors, Express Solicitors, has recently partnered with leading digital agency Click Consult, with the aim of implementing an effective web marketing strategy to raise its online profile.

Express Solicitors believes that this new partnership will ultimately increase its relevant web traffic and conversion rate, providing it with an increased return on its investment and greater percentage of the market share. Express Solicitors is aiming for enhanced online search engine rankings for extremely competitive industry search terms with a bespoke campaign which utilises PPC and extensive SEO services to maximise results.

“Digital marketing is becoming a more and more predominant tool for millions of companies across the globe when it comes to reaching a growing audience, and the legal industry is no different. Here at Express Solicitors, we’re confident that our ongoing partnership with Click Consult will help improve to our rankings in the search engine results pages, raise our online profile considerably and therefore allow us to remain at the cutting edge of personal injury claims services,” commented a spokesperson for Express Solicitors.

Express Solicitors is a personal injury solicitor firm that specialises in no win no fee cases.

On behalf of work accident victim leading personal Injury firm wins £5,580.00

22/07/2011 08:20:54

With the help of personal injury claim specialists PHC Law Personal Injury Solicitors, a highly skilled joiner whose nail gun fired a nail into his own hand in a freak accident has won a £5,580 compensation payout. The claimant sustained an injury while attempting to nail two wooden boards together.

The nail hit a knot in one of the boards and turned 90 degrees into the palm of his left hand.  The claimant sustained a soft tissue injury and the nail was removed under general anaesthetic. Fortunately the nail did not damage any nerves or tendons in the his hand but he was left with some permanent loss of function in the hand, scarring and some cold intolerance.

A claim against the man's employers, which alleged that the accident was caused by the defendants’ negligence and/or breach of statutory duty was issued by PHC Law solicitors .

The company denied the claim, saying that the claimant was fully trained in the operation of the nail gun, and that the accident was an unforeseeable occurrence. A schedule of loss was prepared, and legal proceedings initiated after being examined by a consultant.

Craig Porter, the PHC Law personal injury solicitor who took on the claim, said: "The man was regularly encouraged by his company's solicitors to discontinue his claim as they alleged it had no prospect of success."  "The case was listed for trial this month, but a few weeks before the scheduled date, the defendant's solicitors agreed to settle his claim, and offer £5,580 in damages.”

Compensation from Halfords to be claimed by car accident victims

22/07/2011 07:31:36

As they travelled along the A58 (M) motorway, a Yorkshire couple narrowly escaped serious injury when a cycle rack fitted to the back of their Fiat Punto, slipped and smashed through their rear window.

Andrew Thomas,31, and his partner Elizabeth Cooper, both from Farnley in Leeds, West Yorkshire, had purchased the rack along with two bikes from their local branch of Halfords, for a planned cycling weekend in Devon.

However ten minutes after having the cycle rack fitted, the couple were forced to pull onto the motorways hard shoulder after the rack slipped, smashing the rear window, ripping off the vehicles rear spoiler and dumping both bikes onto the road.

Elizabeth, 37, who was left badly shaken by the incident, stated that the faulty cycle rack could have caused a serious road traffic accident.

Initially, Halfords offered the couple a £100 ‘goodwill gesture’ following the incident but have now stated that they will pay for repairs, replace the cycle rack and offer a discount on the two cycles.

Truck accident leads to serious head Injuries for worker

22/07/2011 07:24:57

After an employee suffered serious head injuries in a stacker truck accident, a cleaning products company, based in Nottingham, has been fined.

The unnamed injured employee was operating a semi-electric stacker truck, while he was helping to load a lorry, unfortunately the truck toppled over; landing on the man and causing serious head injuries.

Following the incident, the injured worker spent ten days in hospital and was off work for a further three months, his injuries included a fractured cheek bone and other skull injuries, which have left him with long term sight problems.

The stacker truck, which was normally used on the factory floor, was on this occasion being used to load a wagon on the road outside, revealed an investigation by the Health and Safety Executive (HSE). This type of terrain proved unsuitable for the vehicle involved and led to the stacker truck toppling over a kerb edge.

After being found guilty of breaching Health and Safety Regulations, at Nottingham Magistrates’ Court, Revelholme Marketing Ltd, of Colwick Road, in Nottingham, who manufactures cleaning products, was fined £5,000 and ordered to pay a total of £18,000 in court costs.

£75,000 compensation following amputation

22/07/2011 07:18:37

£75,000 in medical negiligence compensation claim has resulted from failings at a Croydon Hospital which led to a woman having to suffer a limb amputation.

The unnamed woman was admitted to the Croydon University Hospital, suffering with pains in her leg and an ulcer on her foot. Following tests at the hospital it was revealed that the woman’s main artery had narrowed but before surgery could be performed to correct the problem, the woman developed a blood clot.

The hospital successfully dealt with the blood clot but did not take preventative measures to stop the problem re-occurring. As a result the woman suffered a second blood clot which led to the amputation of her leg from just above her knee.

The patient’s daughter claimed that delays in organising adequate treatment for her mother led to the amputation, which was the view shared by the Parliamentary and Health Service Ombudsman who agreed that the hospital had failed to treat the woman properly.

The Trust had accepted the decision of the Ombudsman and has apologised to the woman and her family as well as paying compensation, thought to be in the region of £75,000, stated a spokesperson for the hospital.

£300,000 car accident compensation sought by paralyzed victim

22/07/2011 07:12:00

A claim for £300,000 in car accident compensation is to be made by a Stockton man, who suffered serious spinal injuries, when the vehicle he was a passenger in came off the road.

Gary Bannister,27, of Hardwick, in Stockton, was left paralysed from the neck down, after the vehicle he was travelling in hit an embankment and rolled over several times before coming to rest on its roof.

Against the driver, Jordan Evans, of Billingham and her insurers, Mr. Bannister has now begun legal proceedings claiming that Miss Evans drove without due care and attention and exposed him to unnecessary risk.

Mr. Bannister, in a High Court writ, states that his life expectancy has been reduced by the accident and his future employment prospects have been severely limited, it is also possible that his condition could deteriorate, as he is at risk of developing a cyst on his spine.

Miss Evans admitted driving without due care and attention and was awarded six penalty points on her license and a £150 fine at an earlier hearing at Scarborough Magistrates’ Court.

Along with an order which will allow him to return to court, to claim more compensation should his condition worsen, Mr. Bannister is seeking damages believed to be in the region of £300,000.

£400,000 in compensation paid by council

22/07/2011 06:49:27

A freedom of information request has revealed that last year, Bolton Council paid out £400,000 in accident compensation.

The figures show that compensation amounts ranging from £850 up to £27,000, was paid to Bolton inhabitants who suffered slips, trips or falls on council maintained pavements and footpaths.

Fifteen accident compensation claims came from the council’s own employees, including teachers and other school staff who were paid between £1,000 and £13,750 for various accidents, including, falling off a chair, tripping over a pothole and slipping on polythene packaging.

According to reports, a female member of staff was awarded £13,750 in compensation following a fall in a car park and a male carer was given £4,500 after injuring his back.

Some claims were paid out early to avoid costly court battles but only when the council believed it was at fault, adding that only twenty five percent of all claims received actually resulted in compensation being paid, stated a spokesperson for the council.

Overall figures showed an actual decline in compensation bills over the years, with the council paying out £600,000 in the previous year and just over £800,000 in the 2008/09 period.

Horrendous work accident leads to compensation

22/07/2011 06:35:29

Health and Safety Executive (HSE) has prosecuted a manufacturing company, after a worker lost an arm in a horrific accident at work.

The fifty year old employee, who has not been named, was working at a factory located in Wapseys Wood, on the Oxford Road and along with his supervisor was attempting to repair a ‘corkscrew’ like machine known as an auger.

Unfortunately, his supervisor accidentally triggered the auger’s starting mechanism, as the experienced fitter worked on the machine, which ripped the man’s left arm off just above the elbow joint.

An investigation by the HSE revealed that the two men had been carrying out the repair work, without isolating the machines power supply. It also discovered that the company failed to supply the employee with relevant information about the machine he was repairing and there had been a breakdown regarding the companies own safety procedures.

After admitting a breach of the Health and Safety at Work Act, following a successful prosecution by the HSE at Aylesbury Crown Court, London Concrete Ltd, of Baron Hall, in Markfield, Leicestershire, was fined £16,000 with court costs totalling £9,397.

Air hostess to claim compensation

22/07/2011 06:22:52

After being hit on the head by a falling water canister, A former British Airways air hostess is to claim accident at work compensation.

Gail Ormiston-White, 41, from Marlow, in Buckinghamshire, was attending to passengers on an aircraft delayed at London’s Heathrow airport but as she went to fetch drinks from the galley at the rear of the plane, a heavy metal canister fell from a cupboard and struck her on the head.

Claiming that the accident left her with “serious neurological consequences”, which have prevented her from returning to her job, Mrs Ormiston-White she is now claiming personal injury compensation  from the airline, thought to be in the region of £100,000 to £300,000.

Her legal team has filed a writ at the High Court, stating that British Airways were negligent and failed to ensure the proper storage of the canister, which was a breach of the airlines legal duties.

A spokesperson for British Airways confirmed that a compensation claim had been received by the airline.

Air hostess to claim compensation

22/07/2011 06:22:05

After being hit on the head by a falling water canister, A former British Airways air hostess is to claim accident at work compensation.

Gail Ormiston-White, 41, from Marlow, in Buckinghamshire, was attending to passengers on an aircraft delayed at London’s Heathrow airport but as she went to fetch drinks from the galley at the rear of the plane, a heavy metal canister fell from a cupboard and struck her on the head.

Claiming that the accident left her with “serious neurological consequences”, which have prevented her from returning to her job, Mrs Ormiston-White she is now claiming personal injury compensation  from the airline, thought to be in the region of £100,000 to £300,000.

Her legal team has filed a writ at the High Court, stating that British Airways were negligent and failed to ensure the proper storage of the canister, which was a breach of the airlines legal duties.

A spokesperson for British Airways confirmed that a compensation claim had been received by the airline.

Gov't backs ban on injury referral fees

17/07/2011 06:36:58

Justice Minister Lord McNally of Blackpool has said that The government is sympathetic to banning insurers from the widespread practice of introducing customers to personal injury lawyers in exchange for a fee.

He told the House of Lords that the Coalition Government, as part of wider reforms, was looking at how to tackle the issue of referral fees.

During a House of Lords debate, speaking in response to a question from Lord Sheikh of Cornhill Lord McNally suggested the government was more interested in a total ban, as recommended in reforms laid out in a review of civil litigation undertaken by Lord Justice Jackson.

He said this was preferred to making the practice more transparent as recommended by the Legal Services Board and the transport select committee.

The debater was joined by Lord McFall of Alcluith who pointed out that in the past 10 years personal injury claim pay-outs have doubled from £7bn to £14bn, while road accidents have largely reduced in that period.

The debate focused on revelations made at the end of June by Labour MP Jack Straw, former justice secretary, who highlighted the lucrative nature of these deals.

"One of the factors to look at is the unbelievable increase in whiplash claims. It is far too easy to find, in even the most minor of accidents, that whiplash is subsequently claimed along with quite substantial damages," said Lord McNally.

He went on to say that it was "unethical" and "offensive" that insurers were charging solicitors referral fees for the names of clients. It meant claims were often handled by solicitors who were prepared to pay the most to buy the clients, rather than the most competent.

Senior media relations officer for the Association of British Insurers, Malcolm Tarling, said the ABI has been calling for referral fees to be banned across the board, not just among insurance companies but for management firms, personal injury lawyers, garages and the police.

Nurse to claim compensation from NHS

17/07/2011 06:29:33

A claim for £200,000 in accident at work compensation is to be made by a A senior staff nurse, who slipped on a wet floor at a Hampshire hospital.

Lisa Fraser, 31, from Lee-on-the- Solent, in Hampshire, suffered serious leg injuries in the accident at the Southampton General Hospital, which she claims have left her unable to live an independent lifestyle or to return to her normal nursing job.

Against her employers the Southampton University Hospitals NHS Trust (SUHT), the nurse who could possibly be reliant on crutches for the rest of her life, has put forward a claim for work accident compensation with her legal team claiming that no warning signs were in place, to indicate that the floor had just been cleaned and was likely to be slippery.

Ms. Fraser is claiming damages believed to be in the region of £150,000 to £200,000 due to the fact that her condition is not likely to improve and her future earning potential has been severely limited.

The SUHT has admitted a “breach of duty” but claims that cleaning contractors Medirest should be held responsible for not putting up any warning signs.

Working on a two year contract as a research nurse, Ms. Fraser has since returned to the Southampton General Hospital.

Compensation claim won by disabled RAF corporal

17/07/2011 06:24:04

Compensation claim against the Ministry of Defence has been won by an ex-RAF corporal from Yorkshire, who claims that prolonged exposure to toxic chemicals resulted in his disability.

Shaun Wood,53, of Northallerton, in North Yorkshire, whose work for the RAF included the preparation of aircraft for re-painting, claims that the solvents he was exposed to have left him with symptoms comparable to Parkinson’s disease.

The Ministry of Defence initially denied liability for Mr. Wood’s illness, suggesting his condition was caused by “psychological factors”.

However, this opinion was not shared by London’s Court of Appeal who ruled in favour of the former corporal, after it was revealed that a number of similar cases had also been heard involving RAF servicemen.

The actual amount of compensation Mr. Wood will receive has yet to be decided but experts believe that it could be quite ‘substantial’.

Mr. Wood’s stated that he was hoping for a decent settlement but stressed that it wasn’t about money, adding that even fifty million pounds wouldn’t enable him to go dancing with his wife again.

Mr. Wood’s working environment, in court, was described as ‘Victorian’, with poor ventilation and an inadequate standard of breathing equipment.

Wherever liability was proven, compensation would be paid, stated a spokesperson from the MOD.

Compensation claim results from team bonding day

17/07/2011 06:18:04

A claim for cycle accident compensation is made by a Kent man who suffered serious head injuries while taking part in an estate agents team bonding day.

Simon Reynolds,49, of Whitstable, was taking part in a cycle race, which had been organised by the Canterbury branch of Strutt & Parker Estate Agents, as part of a team bonding exercise, when he was involved in a collision with a work colleague and was knocked from his bike.

Mr. Reynolds fall onto the tarmac track at the Fowlmead Country Park, in Sholden, resulted in a severe head injury, which led to permanent damage to his brain.

Mr. Reynolds is claiming that his former employers had been negligent, by not carrying out a proper risk assessment of the activity.

Strutt & Parker have denied negligence and the matter is now to be resolved at a court hearing in London.

The injuries sustained by the claimant would not have been as severe, had he been required to wear a crash helmet, stated a member of Mr. Reynolds legal team .

The estate agents stressed that safety helmets were available on the day and more of their case will be outlined when the hearing continues.

Personal injury reform called by the Co-operative

14/07/2011 17:53:32

Against false claimants and substantial personal injury reform, the Co-operative is calling for harsher penalties.

The firm has called for harsher punishments for those who falsify or exaggerate claims, and those who cold call potential claimants.

It is believed by the Co-operative Insurance that costs and premiums could be reduced if a number of measures were taken, including having Legal Expense Insurance cover as standard with motor policies, and making it illegal for claims books to be sold on to third parties.

Co-operative Insurance and Co-operative Legal Services, in addition, have stated that they do not sell on claims data to external third parties, and Co-operative Insurance does not take referral fees from external solicitors, accident or claims management companies or credit hire operators.

Neville Richardson, Chief Executive for The Co-operative Financial Services, lambasted the system as dysfunctional, adding that genuine customers are forced to pay the higher costs.

Groupama Insurances, at the start of June, attacked the decision by the Legal Services Board (LSB) not to ban referral fees outright.

iPhone app for compensation claim

14/07/2011 17:49:43

An iPhone app has been launched by a Scottish law firm which will help employers calculate compensation claims.

An interactive unfair dismissal compensation calculator and an interactive redundancy calculator is included in the free HR Adviser app .

Law firm MacRoberts said its app was designed to give employers useful information about UK employment law.

It will also have links to government sites and bodies such as Acas and the Equal Opportunities Commission.

The app includes sections on unfair dismissal, redundancy, maternity and paternity leave and equal pay and discrimination.

Current statutory rates details, such as the minimum wage, are automatically updated.

The interactive redundancy calculator allows the user to input details such as age, length of service and salary, after which the app will calculate the estimated statutory redundancy payment.

An estimate of the likely award at tribunal, should an employee raise an unfair dismissal claim will be provided by the compensation calculator.

For compensation claims taxpayer handed huge bills

14/07/2011 17:44:35

A compensation claim brought by five asylum-seekers under controversial human rights laws which cost the taxpayer more than £110,000 has been condemned by the judges.

Over a delay in issuing documents which would allow them to claim full welfare benefits or work legally the refugees took the Home Office to court.

Even after officials had given them the correct paperwork and apologised for the delay, they carried on with their legal action.

Their case, revealed by The Sunday Telegraph for the first time today, was funded by Legal Aid. A QC representing the five even admitted to the High Court that a “conscientious” barrister would not have proceeded had the refugees been paying their own legal bills.

Now the legal action has been thrown out by High Court judges , warning that a “disproportionate” amount of public money had been spent, and that it would be “horrendous” if further funds were squandered.

In court, lawyers for the five asylum-seekers - named only as 'MD and others’ - claimed that Home Office delay had breached Article 8 of the European Convention of Human Rights, which guarantees the “right to family life”.

According to critics this latest case provided further evidence of how the “right to family life” is being abused in Legal Aid-funded cases. The Sunday Telegraph’s End the Human Rights Farce campaign is calling for the law to be reviewed.

Multi million pound compensation claim won by car crash victims

14/07/2011 17:38:51

After being involved in a head on collision, which has left her with life changing injuries a single mother of four has won a multi million pound car accident compensation claim .

The accident occurred when the forty eight year old mother, who asked not to be named, was travelling along Miles Gray Road, in Basildon, when she was involved in a head on collision with a seventy six year old motorist, who had lost consciousness at the wheel of his Ford Ka.

Pensioner Ernest Bromsgrove, who suffered with a heart condition, died at the accident scene and the woman had to be airlifted to the Queen’s Hospital, in Romford, for emergency treatment.

In the accident the woman suffered serious personal injury and is now confined to a wheelchair, has speech difficulties, as well as eyesight problems and is partially paralysed on the left hand side of her body.

The compensation awarded would ensure that their mother would receive the round the clock care she requires, now and in the future, stated her family.

The multi million pound award was settled out of court, when Mr. Bromsgrove’s insurance company accepted liability for the incident. The amount payable was assessed on the probable cost of the woman’s life long care needs.

Teenager to sue for £200,000 negligence compensation

14/07/2011 17:33:36

After her GP failed to diagnose an ear infection, an eighteen year old from Warminster in Wiltshire is claiming £200,000 in medical negligence compensation .

Gaynor Salmons, of Lane End, in Corsley, is claiming that delays in diagnosing her condition led to the development of mastoiditis, a rare bone condition which affects the mastoid bone of the skull, usually as a result of an ear infection spreading.

Gaynor now suffers from hearing loss, impaired vision and persistent headaches and has had to give up her dream of working as a paediatric nurse.

Miss Salmons, according to a writ issued to the High Court in London, had attended the surgery of Dr. Kevin McBride, of Warminster, complaining of earache and was informed that she had a burst ear drum. However when the teenager later started to complain of headaches and dizziness she was prescribed antibiotics, as the doctor told her he was almost certain that she had glandular fever.

Unfortunately over the next few days Miss Salmon’s condition quickly deteriorated and she was eventually admitted to the Frenchay Hospital for urgent treatment. The High Court writ claims that had Miss Salmon been referred to the hospital earlier she would have made a good recovery.

Schoolboys awarded personal injury compensation

14/07/2011 17:29:20

£1,100 in personal injury compensation has been awarded to a teenager, while an eight year old received £5,250 after they both, suffered accidents while at school.

Bolton Council paid out the compensation over a period covering the last twelve months.

In order to protect the youngster’s identities, the council refused to go into the precise nature of the accidents or name the schools involved.

It is understood, however that the sixteen year old was injured after running into the frame of a school notice board after the plastic window of the board had been left open. The eight year old who received £5,250 was injured after falling onto a metal gate.

A spokesperson for the council stated that compensation was only paid when the council’s legal team were satisfied that the school had indeed been negligent, adding that all claims were very carefully investigated and because of the nature of these type of claims payments were generally made through the courts.

Radio DJ wins compensation claim

14/07/2011 17:20:19

After a stunt for Children in Need went terribly wrong, A DJ working for BBC Radio Leeds has been awarded personal injury compensation.

Thirty one year old Alex Belfield was rugby tackled during a live broadcast by two members of the Bradford Bulls, Rugby League team. The disc jockey claims that he had received no pre warning about the tackle, which left him hospitalised with cuts and bruises and pain in his back.

The stunt was described by Mr. Belfield as being “hugely dangerous” and stated that the organisers had not taken into consideration the fact that he was holding radio broadcasting equipment at the time, including a microphone.

Against the BBC The former Radio Leeds presenter launched a claim for personal injury compensation , and was awarded what was described as a “significant financial settlement”, in an out of court agreement.

Damages had been paid in relation to a small injury claim, in line with the company’s insurance arrangements, a spokesperson for the BBC confirmed.

A few months after the incident Mr. Belfield left BBC Radio Leeds which he described as the “final straw”; he had been employed at the station in the mid-morning slot for ten months.

£47k compensation paid to school pupils by Cornwall Council

14/07/2011 17:12:46

In the past financial year, compensation payments totalling £47,500 have been paid to school pupils in personal injury claims by Cornwall Council.

The largest single payment was for more than £30,000 paid to a student who fell from a workbench during a lecture.

For compensation claims other settlements included £10,000 paid to someone who was hit by a stone, thrown by a child.

And £2,500 was paid for a splinter injury caused by sliding on a wooden bench.

The smallest payout for compensation claims was for £2,000 to a pupil who was accidentally hit by a ball kicked by a teaching assistant.

The details were released after a request under the Freedom of Information Act.

Compensation claims of bizarre Victorian accident revealed

14/07/2011 17:09:45

For an exhibition in Norwich personal injury compensation claims dating back to Victorian times have been unearthed by researchers.

Long before the introduction of conditional fee agreements, the documents which date back to the 1860’s have revealed that people were making claims for accident compensation , or as they are often referred to ‘no-win-no-fee arrangements’.

Some of the most unusual claims included a payment of £7 (which compares to almost £400 nowadays), which was made to a travelling salesman who was struck on the head with a pole while travelling on the top deck of a tram.

£1,000 (nowadays £80,000) was awarded to the family of a man who fell into a vat of boiling liquor in a work accident and a farmer knocked over by a sheep was given £100 (equivalent to £8,000).

In 1862 A ‘ratter’ who was bitten by his ferret was given £82 which would be worth around £6,800 today and an innkeeper from Handsworth, in Birmingham was awarded £1,000 after mistaking a ‘poisonous potion’ for sleeping medicine back in 1878.

It was also revealed that former Prime Minister Winston Churchill acquired a personal accident policy as a twenty one year old in 1896, which was still in place at the time of his death in 1965. Records show that the well respected politician never made a claim on the policy.

Five year old awarded £800,000 personal injury compensation

14/07/2011 17:03:36

An interim payment of £800,000 in personal injury compensation has been awarded to a five year old boy who suffered horrific head injuries as a baby, when a window and its frame fell from a building onto his push chair.

Patricia Dance was pushing her four month old baby in his pushchair, when a five foot high window fell from the Dover Castle Youth Hostel in Borough, South East London, claim reports.

In the incident Baby Alexander suffered a fractured skull which led to a brain haemorrhage and it is highly unlikely that he will ever be able to live an independent lifestyle.

In 2008 following an investigation by Southwark Council, who discovered that window frames in the building were rotten and secured by chains rather than the recommended fixed stays, the owners of the hostel, Foreign Magic Ltd, was fined £20,000.

In London, the High Court agreed the first part of the claim, which is expected to reach several million in total, after hearing how life for Mrs. Dance and Alexander had become ‘intolerable’ in their flat in Southwark.

The interim payment of £800,000 is to be used by the family to purchase suitable accommodation, while just over £100,000 has been set aside to arrange a suitable care management programme for Alexander.

Increase in compensation claims

02/07/2011 06:55:16

In 2010-11, claims for compensation from those who had savings or investments with collapsed financial businesses rose by 25%.

Its annual report showed that there were 39,500 new claims from consumers to the Financial Services Compensation Scheme (FSCS).

Driven partly by the failure of Keydata and as a result of payment protection insurance claims, It paid out £535m.

Payments are made to cover savers' losses up to set limits.

Full compensation up to £85,000 per saver, per authorised institution is paid to those who deposit money in an authorised bank or building society if it goes bust.

For investment products, the first £50,000 is covered per person, per firm.

In 2010-11, some 27,000 of the claims made were the result of the failure of Keydata. The investment firm was closed down by the City watchdog - the Financial Services Authority - in 2009.

£10 Million in Compensation for Injured Prisoners

02/07/2011 06:45:25

Over a five year period, prisoners in England and Wales have pocketed just over £10 Million in compensation payments, The Ministry of Justice has revealed.

Over the last five years £10,125,845 has been paid to inmates, mainly as a result of successful personal injury claims, show figures released under a freedom of information request.

Last year alone prisoners were given compensation payments of almost £1.6 Million, with the highest single amount awarded being £125,000 closely followed by three further payments to inmates of £100,000, £95,000 and £62,867 respectively, all of which were a result of prisoners suffering personal injury while imprisoned.

During the five year period, the largest amount awarded was a payment of £2.8 Million, to a prisoner who required long term medical care after allegedly self harming while in custody.

A further £1.14 Million was given to a prisoner who was left crippled for life, after a prison doctor failed to have him examined when he complained of a pain in his back.

Payments were only awarded after taking legal advice that was in the best interest of the tax payer, said a government spokesperson.

Roadwork delays compensation claims

02/07/2011 06:36:30

The council being is hit with compensation claims from business owners after the disruption caused by roadworks.

Next week, councillors will be told that at least two companies have made the cash bids over frustration at what the the council terms “public realm works”.

The news comes as Dumfries town centre is in the grip of 12 weeks of works at Buccleuch Street – repairs that could see more compensation claims follow.

But yesterday, Whitesands newsagent, Peter Bacci, said pursuing the compensation would be a waste of time.

“I have been down this road before,” he said. “I tried it with the flooding but they throw so many obstacles in your way, asking for three years worth of accounts and tying it up with red tape, that it’s not worth the hassle.”

On Tuesday, at a policy committee members will be told that business have raised concern about the planned length of work and delays.

They highlighted a range of frustrations including: shutdown of town centre traffic; work carried out in busy summer months or in the run up to Christmas; restricted access to premises caused by pedestrian fencing round pavements and shop doorways; takings and profits down during the works; complicated delivery and collection arrangements and a lack of Sunday working by contractors.

Councillors are now being asked to look at a new way of ending those frustrations.

It would mean flexible ways of working to make delays a thing of the past and the possibility of charging contractors rent for closing parts of roads.

Chief executive service boss Alex Haswell in a report to the committee, states: “The council has undertaken a number of public realm works in recent years across Dumfries and Galloway and is likely to undertake more such schemes in support of economic development.

“Local businesses have raised concerns about both the planned duration of works and delays to their completion.

“These concerns have resulted in at least two claims relating to disruption of business.”

Over husband's mesothelioma widow seeks compensation

02/07/2011 06:29:15

A woman is seeking compensation amid claims that the company her late husband worked for negligently contributed to him contracting mesothelioma.

The reports claim that Christopher Duck, a joiner, had worked at the Pleasure Beach in Blackpool between 1989 and 2000.

In 2008, he developed a cough and shortness of breath in his chest and eventually went to a doctor in 2010.

It was then that he was told he has terminal mesothelioma and that palliative care was his only option to prolong his life.

In December 2010, Mr Duck died and his family has now launched a claim for compensation at London's High Court on his behalf.

They claim that the victim was regularly exposed to asbestos dust and fibres while he worked and was only provided with "ineffective" paper masks, even though he was using hand tools on and close to asbestos insulation boards.

The company that runs the Pleasure Beach was negligent for failing to provide proper washing facilities and protective clothing, it was alleged.

A spokesperson for the Pleasure Beach said: "While we were very sorry to learn of the death of Mr Duck, it would be inappropriate to comment on the allegations."

Against Redditch firm warehouse whistle blower loses compensation claims

01/07/2011 19:41:30

For unfair dismissal and breach of contract against a Redditch company, a warehouse operations manager has lost compensation claims after making a whistle blowing disclosure about a work colleague’s criminal conviction.

Martin Packer of Areley Kings, Stourport, said he made the disclosure in the firm’s interests.

But Birmingham Employment Tribunal judge Pam Hughes disagreed and said Mr Packer had made the disclosure because he thought he might benefit from it. He had been warned he faced the risk of redundancy.

For unfair dismissal and breach of contract against SP Group Ltd of Ravensbank Business Park, Redditch, Mr Packer made compensation claims.

Mr Packer admitted passing on details of the conviction to a firm management member because he said he believed it was in the company’s interests and that he should not have been dismissed.

He alleged an investigation into the situation was flawed and said he was owed bonus money.

Claire Thompson, representing the firm, said there had been a breach of trust and confidence and said Mr Packer had been dismissed for gross misconduct.

The work colleague was also sacked.

£200k personal injury compensation sought by worker

30/06/2011 18:36:55

After sustaining a serious back injury during an alleged accident at work, a man is seeking a personal injury compensation settlement of £200,000.

Inacio Guedes is seeking the damages sum from Pizza Express - an organisation that opened its first British branch in 1965 - after being forced to undergo spinal fusion surgery following an incident at one of the chain's restaurants in Middlesex, according to reports.

The bakery supervisor claims that he severely strained his back as he attempted to lift a box of frozen dough balls that had been mistakenly filled to twice their normal capacity.

The 47-year-old, during a case heard at the High Court on London, alleges that he still suffers from pain as a result of the accident, as it has added to a pre-existing back condition.

According to his legal representative, Mr Guedes will no longer be able to "undertake any work which involves lifting, bending or prolonged commuting".

£300k personal injury compensation sought by stable hand

30/06/2011 18:29:17

An accident at work that caused a man a serious back injury has led to him pursuing a compensation settlement in excess of £300,000.

In April of last year, John Ward sustained damage to his spinal cord as well as facial injuries when he was kicked by racehorse while fulfilling his duties as a stable hand at Kimberley Home Farm in Fakenham, according to news reports.

This left the 60-year-old paralysed from the waist down and means that he requires the assistance of a carer twice every day, a writ served to the High Court on his behalf stated.

As he took the mare back to her stable, Mr Ward was kicked and indicated he has no recollection of the incident.

He told the news source: "I have been kicked several times before and had some horrendous falls and emerged unscathed - this time I was unlucky."

Recently, Maxine Wright was awarded £60,000 in damages after she broke her back while riding a horse in Staffordshire.

Since 2009 £4M Paid Out In Road Compensation Claims

30/06/2011 17:57:41

Over the past two years some £4 million has been paid out by the Department of Regional Development in compensation, an SDLP MLA has revealed.

On Monday, SDLP Public Accounts Committee member John Dallat said he'd obtained the information through an Assembly Question to the Regional Development Minister.

Some &

Man awarded £3k personal injury compensation, claims dangerous potholes still not repaired

30/06/2011 17:49:43

After tripping over a pothole, an Essex pensioner who was awarded over £3,000 in compensation has claimed the offending hazards remain un-repaired.

Terence Wakefield, 81, from Wickford, in Essex was visiting the Wickford Market, when he tripped over a pothole and fractured his wrist as he tried to break his fall.

He sued Basildon Council for personal injury compensation and was awarded £3,100 in damages after the council admitted liability.

However, Mr. Wakefield a year after his accident was surprised to learn that the offending potholes, some of which are three inches deep in places, still remain at the market site.

The Echo newspaper is reporting that another three people are now suing the council, for injuries they have sustained tripping on the potholes.

The main reason he made a claim against the council was to draw attention to the problem and help prevent other people being injured in the same way, Mr. Wakefield told the newspaper.

A spokesperson for the council said that an outside contractor had been employed to repair the potholes and the work should be completed in the near future.

For Victims of Road and Pavement Accidents£4 Million Compensation

30/06/2011 17:37:00

Over the last two years, £4 million in compensation has been paid to victims injured on the roads and pavements of Northern Ireland, Figures released by the Department for Regional Development, has revealed.

From the previous year’s total of £1.8 million the figures for this year reveal an increase to £2.2 million.

Almost fifty percent of the total amount was paid out in personal injury compensation to members of the public injured on the nation’s roads, while £892,000 was awarded for pavement injuries including trips and falls.

Damage caused to vehicles on the roads and footpaths accounted for £222,000 of the total bill.

John Dallatt from the Social Democratic and Labour Party (SDLP) of Northern Ireland, who also sits on Stormont’s Public Accounts Committee, stated that an increase of almost twenty per cent in a single year needed to be addressed.

He went on to say that with £4 million pounds being paid out in road accident compensation the situation needed urgent review and improvement.

Six Figure Asbestos Compensation Claim won by Pizza Chef

30/06/2011 07:35:29

A six figure sum in asbestos compensation has been awarded to an Italian pizza chef, who was exposed to deadly asbestos fibres while working in a restaurant kitchen.

Luigi Pes, 60, developed the asbestos related cancer mesothelioma, after working with pizza ovens which had asbestos seals and regularly using a storeroom where the ceiling was lined with the deadly material.

Mr. Pes,

For son’s birth injuries mum seeks over £300k compensation

30/06/2011 07:30:11

After her son suffered injuries at birth, A mum is seeking over £300k in compensation.

In February 2008, the boy was born via an emergency caesarean after his mum suffered a haemorrhage at The Whittington Hospital. When he was born he had no pulse and was not breathing. He did not take his first breath until 18 minutes after his birth, and medical reports state that in total his brain was without oxygen for 48 minutes.

The boy now suffers from cerebral palsy and neurological problems, because of the oxygen starvation . He is unable to walk, and has no use of his limbs. He now has extensive care needs, and requires round-the-clock assistance.

Now, the boy’s mother is seeking birth injury compensation on his behalf from the NHS Trust. In legal papers submitted to the High Court in London, it is claimed that the hospital failed to manage her labour correctly, and failed to recognise that he placenta was becoming detached. It is also claimed that a delay of 40 minutes ensued before she was transferred to the labour ward, despite the fact she was experiencing bleeding.

The same papers claim that the mother is seeking over £300,000 in compensation for her son. The compensation in such cases is used to pay for the costs of care the boy will need for the rest of his life.

For son’s birth injuries mum seeks over £300k compensation

30/06/2011 07:28:24

After her son suffered injuries at birth, A mum is seeking over £300k in compensation.

In February 2008, the boy was born via an emergency caesarean after his mum suffered a haemorrhage at The Whittington Hospital. When he was born he had no pulse and was not breathing. He did not take his first breath until 18 minutes after his birth, and medical reports state that in total his brain was without oxygen for 48 minutes.

The boy now suffers from cerebral palsy and neurological problems, because of the oxygen starvation . He is unable to walk, and has no use of his limbs. He now has extensive care needs, and requires round-the-clock assistance.

Now, the boy’s mother is seeking birth injury compensation on his behalf from the NHS Trust. In legal papers submitted to the High Court in London, it is claimed that the hospital failed to manage her labour correctly, and failed to recognise that he placenta was becoming detached. It is also claimed that a delay of 40 minutes ensued before she was transferred to the labour ward, despite the fact she was experiencing bleeding.

The same papers claim that the mother is seeking over £300,000 in compensation for her son. The compensation in such cases is used to pay for the costs of care the boy will need for the rest of his life.

For son’s birth injuries mum seeks over £300k compensation

30/06/2011 07:24:18

After her son suffered injuries at birth, A mum is seeking over £300k in compensation.

In February 2008, the boy was born via an emergency caesarean after his mum suffered a haemorrhage at The Whittington Hospital. When he was born he had no pulse and was not breathing. He did not take his first breath until 18 minutes after his birth, and medical reports state that in total his brain was without oxygen for 48 minutes.

The boy now suffers from cerebral palsy and neurological problems, because of the oxygen starvation . He is unable to walk, and has no use of his limbs. He now has extensive care needs, and requires round-the-clock assistance.

Now, the boy’s mother is seeking birth injury compensation on his behalf from the NHS Trust. In legal papers submitted to the High Court in London, it is claimed that the hospital failed to manage her labour correctly, and failed to recognise that he placenta was becoming detached. It is also claimed that a delay of 40 minutes ensued before she was transferred to the labour ward, despite the fact she was experiencing bleeding.

The same papers claim that the mother is seeking over £300,000 in compensation for her son. The compensation in such cases is used to pay for the costs of care the boy will need for the rest of his life.

Schoolboy claims £7,000 compensation

30/06/2011 07:12:49

After a schoolboy won damages from them, Council bosses have been accused of bowing to compensation culture.

Last year, the boy was paid £7,000 by Brighton and Hove City Council after he plunged into a disused air raid shelter.

He was hurt after he climbed over a school fence to retrieve a lost ball and stood on the roof of the shelter which gave way under him.

After hurt falling down an open manhole cover in a playing field, another pupil won a £3,100 payout .

The council confirmed the payouts but would not name the victims or schools or give further details of the claims.

A spokesman said: “Compensation claims against the council are dealt with by our insurers in liaison with the council's insurance team.

“Each claim is assessed on its own merits and we do not comment on individual claims.”

Last year, they were among 347 playground compensation payouts made to school pupils by local authorities across the UK.

Dawn Barnett, councilor, criticised the payouts made by the city council last year.

She said: “I could understand if it had been paid for something like falling off a damaged swing that the council had failed to repair.

“But if this boy had climbed over a fence and onto an air raid shelter, I really don't think the council should be paying out compensation.

“You can't blame the council for kids getting into mischief but it should definitely look more carefully at the claims it pays out in circumstances like that.”

“Some of these payments could have been avoided if schools and councils were willing to fight for taxpayers' money.”

Row over personal injury claims divides opinion among Liverpool’s legal community

30/06/2011 07:06:14

Among Liverpool’s legal community, the row over the controversial practice of trading personal details of those who have had accidents – known as “referral fees” – has divided opinion.

A heated debate followed former Justice Secretary Jack Straw’s call last week for the fees, which he called “a huge racket”, to be banned.

He wanted to expose the practice of insurance companies passing on details of their customers’ accident claims without their permission to personal injury lawyers, Mr Straw said.

He claimed garages, recovery firms and even the police were selling on information. Since calling for the ban on referral fees, he had been deluged with letters and emails from members of the public supporting his position, said Mr Straw In a debate in the House of Commons.

Liverpool Law Society spokesman Stewart McCulloch, who is also a director of a legal costs consultancy, said the issue was turning into a “political rollercoaster”.

He added: “There is no doubt that the long-established practice of members of the public consulting a high street solicitor to deal with a motor or other accident claim has almost gone.

“An outright ban on referral fees, whether right or wrong, is now probably fraught with legal and practical difficulties.

“However, what is required is that those who fail to deal with the public with absolute transparency should now find themselves within the regulatory regime which is working and is helping the public understand exactly what is being done for them.

“No-one should lose sight of the fact that it is not the lawyers that are making the cold calls and sending texts, but intermediaries who have received the details themselves from the insurers and who in due course will attempt to pass the cases on to the lawyers.

“Lawyers and regulated claims management companies themselves are not permitted to engage in this practice and it is high time that all parts of the industry were covered by this.”

“The market in claims undermines the integrity of the legal profession and the wider civil justice system. It is also anti-competitive with accident victims being directed to the solicitor who will pay the highest backhander to the referrer, rather than the solicitor best suited to their needs,” said Edwards, head of personal injury at Liverpool firm Rex Makin & Co, which does not pay referral fees.

Burnt worker seeks personal injury compensation

30/06/2011 07:01:32

Being badly burnt after falling into a boiling hot vat of food, a woman is seeking compensation from her former employer.

Sudesh Bala, 47, was working for Shoba UK Ltd when the accident occurred in October 2010.

The accident occurred when she slipped on what she claims was a greasy floor while preparing a 50kg vat of chicken curry for an exhibition at the NEC in Birmingham.

Ms Bala fell into the food, suffering terrible burns to her legs, groin and buttocks. These were worsened by the fact that she was on her own and could not attract the help of colleagues for more than five minutes.

The victim had to spend two weeks in hospital, have skin grafts and then remain bed-bound for three months.

Her husband, Naresh, told the Mirror : "When I saw her injuries I couldn't believe it. She was in so much pain and her skin was dripping off like melting wax."

Ms Bala is still wearing support garments to stop her skin peeling and often has nightmares.

Although Shoba UK recently went into liquidation, the victim is taking legal action against its insurer Ageas in a bid to claim personal injury compensation.

The case is likely to go to court as Ageas has denied liability.

Nazi victim compensation claim dismissed by EU court

30/06/2011 06:55:53

A lawsuit by Greek relatives of Nazi massacre victims seeking compensation from Germany has been dismissed by the The European Court of Human Rights.

In a statement on Wednesday, the Strasbourg court said that the case was inadmissible because German courts _ which previously rejected the compensation claim _ had properly taken into account national and international law.

The four Greek plaintiffs, then minors, survived a massacre committed by Nazi troops in the village of Distomo on June 10, 1944, that left 218 people dead. It was one of the worst World War II atrocities in occupied Greece.

On its turn, Germany argued that it settled reparation cases in postwar agreements and is entitled, as a state, to immunity from individual claims under international law.

Woman arrested for fraudulent medical claims

24/06/2011 06:08:34

On suspicion of worker's compensation fraud following inconsistent statements she allegedly made concerning medical issues a San Bernardino woman was arrested.

Earlier this month Heather Chandler, 30, turned herself in to the authorities and was charged with three felony counts concerning insurance fraud violations, according to a news release from the San Bernardino County District Attorney's Office.

Chandler, who worked at Med-Legal, Inc., DBA Scan Files in Rancho Cucamonga, filed a worker's compensation claim that did not match her statements to medical doctors, officials said.

On April 7 the charges were filed and a warrant for her arrest was issued the next day, according to the news release.

Chandler was booked at the West Valley Detention Center in Rancho Cucamonga in lieu of $75,000 bail on June 16.

‘Law Firm of the Year 2011’ voted by Leicestershire Law Society won by Douglas Wemyss Solicitors

24/06/2011 05:50:05

Douglas Wemyss Solicitors Leicester is proud to announce that they have recently won the coveted ‘Law Firm of the Year 2011’ award, voted for by the prestigious Leicestershire Law Society. Everyone is extremely proud of the firms’ achievement and the firm is extremely overwhelmed by the win.

Douglas Wemyss Solicitors, Senior Partner Sameer Karim is extremely proud by this latest accolade. His aims to bring the firm to the public and to grow in size have been greatly supported by all the staff in his new ideas and approaches.

“We are very humbled by this award and we will continue to provide a straightforward accessible approach to legal services. Being a small firm we are delighted to see this recognition of our hard work especially in today’s market place,” quoted Sameer.

Sameer also states that, “Winning Law Firm of the Year isn’t just about being named the best firm in Leicester. It’s the culmination of three years of hard work, of doing our best to provide the best service for our clients. The award is in recognition of all the innovative things that the firm has done.”

The firm recognizes the demand of reaching out to prospective clients and are progressive and unique in their approach as this can be seen in their most recent venture of the opening of Leicester’s first ‘Legal Shop’ which allows anybody to access a qualified solicitor without any fears or doubts. Customers are able to drop in anytime without an appointment and be able to have a FREE consultation with a qualified solicitor on any legal matter they wish to discuss.

Furthermore, for those who wish to access the services outside of normal working hours, the ‘Legal Shop’ is open 7 days a week until late to cater. The firm feels that this is one of the reasons for winning firm of the year, as their approach to the law is fresh and forward thinking.

Pots of money paid by Council for pothole compensation claims

24/06/2011 05:44:26

After winter’s frost did its work, potholes have been a major cause for compensation claims.

Costing Angus Council nearly £6,000 to those with proof that their vehicles have been damaged by the holes that are scattered around the county’s roads, more than 230 have been made.

14 motorists out of the 237 compensation claims made, have been paid for their troubles in the past two years.

However, nearly 100 remain outstanding, which could result in a significant increase in compensation paid as the authority reviews each claim.

From 2009 to 2010, the majority of the complaints were made with £5,500 being paid to 12 drivers. Last year, two people made successful claims, and £339 was paid out.

Emma Boon, the campaign director of Taxpayers Alliance, is reported as saying that if the council maintained the roads properly, then fewer claims would be made, saving them time, and the taxpayers money.

Angus Council’s director of infrastructure services, Eric Lowson said: “The new Road Condition Index indicates that the road network in Angus has shown a slight decline similar to the Scottish average.

“The Angus RCI is red five per cent (road has deteriorated to the point at which repairs to prolong future life should be considered) and amber 24.4 per cent (road condition indicates that further investigation is needed to establish if remedial treatment is needed).”

However, 70 per cent of the roads are in a satisfactory condition, surpassing the national average of 63 per cent, which nets Angus roads the title of fifth best in Scotland.

Angus Council, from the start of the year, has repaired over 2,600 potholes and is continuing its efforts to get rid of the rest soon, suggesting that the county’s good reputation for its infrastructure is well deserved.

Disabled man launches £300k personal injury compensation claim

24/06/2011 05:38:00

After an accident in a taxi left him with a serious head injury, a man has launched a bid for £300,000 in personal injury compensation.

James Stokoe sustained a severe affliction to his brain when the passenger door of the vehicle he was travelling in slid shut and smashed into his head, according to reports.

Mr Stokoe himself opened the door while the taxi was in motion, but a writ served on his behalf claims that the driver's negligence was the reason he suffered his life-changing injuries in May 2008.

Consequently, the 26-year-old subsequently needed two operations on a fractured skull and bleeding to his brain, but is now handicapped and will be unable to work for the rest of his life.

Mr Stokoe admits that he was drunk at the time of the incident, but insists the driver - Asif Afzal - failed to "maintain the rear side passenger door properly".

Rise in personal injury claims

24/06/2011 05:32:46

Thanks to the amount of personal injury claims rising car insurance companies have lost £2 billion in 2010, reveal reports. Some new customers taking out car insurance have had to pay 30% more for their insurance this year than last.

The car insurance industry, In recent years, has been hit hard with claims for bodily injury soaring to new heights. The Royal Bank of Scotland alone has to put in reserves of around £390 million in their insurance business solely due to the amount of individuals making claims for injury in road traffic accidents. In the worst case scenario, companies lost as much as 4p in every £1 of premiums they took in. According to the AA the average premiums have risen by more than 30% since 2010.

Workers' compensation report shows sharp drop in claims

22/06/2011 14:59:55

The number of paid workers' compensation claims has fallen 44 percent relative to the number of employees from 1997 to 2009, according to the "2009 Minnesota Workers' Compensation System Report," just released by the Minnesota Department of Labor and Industry (DLI).

said Ken Peterson, DLI commissioner said: "Though each workplace accident is one too many, the report underscores that Minnesota's workplaces have become much safer for employees and comparatively less costly for employers since 1997.Medical treatment for injuries remains the chief cost driver for the system, increasing annually per claim by more than 6 percent above average wages since 1997."

£150k personal injury compensation granted to pensioner

22/06/2011 14:57:31

Following an accident at a public place in which she was crushed, personal injury compensation of up to £150,000 could be awarded to an elderly woman.

In September 2008 Mary Kitching was left in a critical condition after being crushed by a reversing van and was given little chance of survival by medical professionals at the James Cook University Hospital in Middlesbrough.

The 81-year-old woman suffered multiple broken bones as well as serious internal injuries after being caught underneath the vehicle and, consequently, was kept in intensive care for six weeks.

Mrs Kitching was standing on a pavement when Anthony Robinson, an employee of Ultralux Window Systems who has since been penalised for driving without due care and attention, inadvertently collided with her.

This has resulted in a "substantial" damages sum - believed to be in the region of £150,000 - being awarded to the pensioner as personal injury compensation for her ordeal.

£150k personal injury compensation granted to pensioner

22/06/2011 14:57:30

Following an accident at a public place in which she was crushed, personal injury compensation of up to £150,000 could be awarded to an elderly woman.

In September 2008 Mary Kitching was left in a critical condition after being crushed by a reversing van and was given little chance of survival by medical professionals at the James Cook University Hospital in Middlesbrough.

The 81-year-old woman suffered multiple broken bones as well as serious internal injuries after being caught underneath the vehicle and, consequently, was kept in intensive care for six weeks.

Mrs Kitching was standing on a pavement when Anthony Robinson, an employee of Ultralux Window Systems who has since been penalised for driving without due care and attention, inadvertently collided with her.

This has resulted in a "substantial" damages sum - believed to be in the region of £150,000 - being awarded to the pensioner as personal injury compensation for her ordeal.

Compensation panel to consider claims

22/06/2011 14:52:36

This week, North Carolina's Crime Victims Compensation Commission will review 50 claims totaling more than $1 million when it meets.

The commission is scheduled to meet Wednesday at the Archdale Building in Raleigh.

The compensation program reimburses people who suffer medical expenses and lost wages because they were an innocent victim of crime. The commission awarded more than $10 million to victims of assault, rape, domestic violence, sexual assault, driving while impaired and other crimes, during the last federal fiscal year.

Man awarded £2.5M in personal injury compensation

22/06/2011 14:48:39

£2.5 Million in personal injury compensation has been awarded to an Oxfordshire man, who suffered a serious brain injury when he was struck on the head by a falling tree branch.

Jason Thatcher, 38, from Woodcote, in Oxfordshire, suffered serious injury when a branch from an enormous Atlantic cedar broke off and hit him on the head, The Yorkshire Post newspaper is reporting.

Mr. Thatcher, who was in his own back garden at the time of the incident, suffered serious damage to his brain stem, which has affected his movement, independence and communication skills. However, the rest of his brain is functioning normally, which has left him in a ‘locked in’ state.

Former Royal Mail worker Mr. Thatcher and his family were tenants of Sovereign Housing Association and the land they acquired in the area had previously been the site of an arboretum.

After spending months rehabilitating in hospitals and at the Leonard Cheshire disability centre, The personal injury compensation payment of £2.5 Million which was awarded at the High Court in London, will allow Mr. Thatcher to return home to his wife and their two young daughters.

The personal injury compensation awarded will enable the Thatcher’s to purchase a specially adapted home, which will be suitable for Jason’s long term specialised care needs.

Minnesota Workers’ Compensation Claims Decrease

22/06/2011 14:00:48

According to the Minnesota Department of Labor and Industry (DLI), Minnesota workers’ compensation claims have fallen 44 percent relative to the number of employees from 1997 to 2009.

Ken Peterson, DLI commissioner said: “Minnesota’s workplaces have become much safer for employees and comparatively less costly for employers since 1997.”

“Medical treatment for injuries remains the chief cost driver for the system, increasing annually per claim by more than 6 percent above average wages since 1997, ” according to the “2009 Minnesota Workers’ Compensation System Report.

Among the report’s findings:

From 1997 to 2009, the workers’ compensation claim rate has fallen considerably from 8.7 to 4.9 claims per 100 full-time-equivalent employees.

The 2009 total workers’ compensation system cost was $1.35 per $100 of payroll, nearly the lowest since 1997.

Because of the falling claim rate, total benefits, including medical, cash and rehabilitation, fell

10 percent relative to payroll between 1997 and 2009.

Medical care accounts for the largest share of total system cost, 35 percent; next, insurance expenses, 31 percent; then cash benefits, 30 percent.

The percentage of claims with disputes rose from 15.4 percent to 21.6 percent from 1997 to 2009, a 40-percent increase. Consequently, even though the number of claims dropped, the total number of disputes remained roughly the same. The high rate of disputes led to a successful legislative measure this year, streamlining the dispute resolution system.

From 1997 to 2009 the proportion of claimants receiving vocational rehabilitation services increased. This may contribute to the findings of other studies that injured workers in Minnesota get back to work sooner than in most other states.

The report, part of an annual series, presents data from 1997 through 2009 about aspects of Minnesota’s workers’ compensation system. The purpose of the report is to describe the current status and direction of workers’ compensation in Minnesota and to offer explanations, where possible, for recent developments.

£300k personal injury compensation claim over taxi door injury

17/06/2011 06:42:06

A legal battle for more than £300,000 personal injury compensation has been launched by a man who almost died after he opened the door of a moving taxi .

The victim, James Stokoe suffered a serious brain injury when, as the driver braked, the passenger door slid shut, smashing into his head.

The 26-year-old from Darlington, who has been left handicapped and unable to work by his injuries, claims the taxi driver was negligent.

Mr. Stokoe was later rushed to hospital with a fractured skull and bleeding on the brain and underwent two operations.

He spent 16 days in intensive care, followed by rehabilitation.

On Friday, May 23, 2008, Mr Stokoe and his friend George Brawn had caught the taxi back to Darlington from the Chicago Rock Café in Middlesbrough after a night out.

But Mr Stokoe, who was drunk, opened the taxi door as the vehicle was moving. The door then slid shut when the taxi braked, hitting him on the head.

Mr Stokoe got out and, after being sick, continued the journey and was later dropped off on Park Lane, Darlington, near to his home.

Later, at around 4.30am he was found lying on the pavement unconscious and close to death.

Mr Stokoe is now claiming damages from taxi driver Asif Afzal, of Saltwells Road, Middlesbrough.

On his behalf, a writ was issued yesterday by Ben Townsend of Stewarts Law.

Mr Stokoe claims the taxi driver was negligent on the grounds that he failed to maintain the rearside passenger door properly, failed to appreciate the door was open and that Mr Stokoe was leaning out.

Nearly half of G20 compensation claims rejected by Feds

17/06/2011 06:36:04

Almost half the claims made by downtown businesses for losses incurred as a result of last summer’s G20 summit have been rejected by the federal government.

Of the 367 claims submitted by Toronto business owners, though not necessarily for the amount owners were seeking, 169 have been accepted.

To help Toronto businesses recover losses from the summit weekend, the government budgeted $10 million but has so far awarded less than one-fifth that amount.

The claims totalled more than $11 million, but less than $2 million has been handed out. Another 161 claims were wholly rejected; 37 more are still awaiting decision.

The Department of Foreign Affairs and International Trade set up the compensation process after the summit to lessen the financial burden caused by the summit’s extraordinary security measures, which effectively shut down parts of the downtown core for an entire weekend last June.

Unprecedented vandalism in the city was also witnessed in the weekend. The compensation program, however, only covers lost revenue, not repair or renovation costs.

Nearly half of G20 compensation claims rejected by Feds

17/06/2011 06:36:02

Almost half the claims made by downtown businesses for losses incurred as a result of last summer’s G20 summit have been rejected by the federal government.

Of the 367 claims submitted by Toronto business owners, though not necessarily for the amount owners were seeking, 169 have been accepted.

To help Toronto businesses recover losses from the summit weekend, the government budgeted $10 million but has so far awarded less than one-fifth that amount.

The claims totalled more than $11 million, but less than $2 million has been handed out. Another 161 claims were wholly rejected; 37 more are still awaiting decision.

The Department of Foreign Affairs and International Trade set up the compensation process after the summit to lessen the financial burden caused by the summit’s extraordinary security measures, which effectively shut down parts of the downtown core for an entire weekend last June.

Unprecedented vandalism in the city was also witnessed in the weekend. The compensation program, however, only covers lost revenue, not repair or renovation costs.

Mediator to MPI injury claims

17/06/2011 06:29:42

As part of a pilot project announced by the province on Thursday, motorists with injury claims will be able to appeal compensation payments from Manitoba Public Insurance to a mediator.

Former ombudsman of the University of Manitoba, Evelyn Bernstein, will head the Automobile Injury Mediation Office pilot project.

The province said in a news release that Mediations will be conducted by independent, qualified mediators.

Currently, injured Manitobans are entitled to benefits within MPI’s Personal Injury Protection Plan. If there’s an issue involving coverage, the injured person can ask MPI to conduct an internal review. If the injured person isn’t satisfied with the review, they can launch an appeal to the Automobile Injury Compensation Appeals Commission.

Family Services and Consumer Affairs Minister Gord Mackintosh said: "The goal of this mediation is to reduce the time between filing an appeal to the commission and the hearing to deal with the dispute."

"This will make it easier for the motorist to help resolve the dispute."

The province said the mediation pilot project will operate for two years. During that time, information will be collected to decide on the future of mediation for injury claims.

£150k personal injury compensation granted to pensioner

17/06/2011 06:26:28

An elderly woman could be awarded personal injury compensation of up to £150,000 following an accident at a public place in which she was crushed.

Mary Kitching was left in a critical condition after being crushed by a reversing van in September 2008 and was given little chance of survival by medical professionals at the James Cook University Hospital in Middlesbrough.

The 81-year-old woman suffered multiple broken bones as well as serious internal injuries after being caught underneath the vehicle and, consequently, was kept in intensive care for six weeks.

Reports explained that Mrs Kitching was standing on a pavement when Anthony Robinson, an employee of Ultralux Window Systems who has since been penalised for driving without due care and attention, inadvertently collided with her.

This has resulted in a "substantial" damages sum - believed to be in the region of £150,000 - being awarded to the pensioner as personal injury compensation.

Fake claims for compensation noted by HC

17/06/2011 06:20:42

On Wednesday, the High Court directed the Director General of Police to instruct the police officials in the state to investigate the accident cases involving motor vehicles and to file proper reports about the same.

Comprising Justices K L Manjunath and Kemanna, the division bench directed the Health and Family Welfare Department too to stop doctors from becoming tools in the hands of unscrupulous elements who claim exorbitant compensation by getting fake medical documents.

One Shivanna, who had faked an accident to claim compensation, told the court that he had done so at the advice of a lawyer. Against the insurance claim of `3.72 lakh, which Motor Vehicles Claims Tribunal had granted to Shivanna, the Oriental Insurance had filed an appeal.

He had claimed that he had met an accident near Tumkur on June 4, 2006, and his upper limb had to be amputated because of that.

He was admitted to government hospital on June 16, although the accident had taken place on June 4.

It was later found that he was admitted to a hospital in Bangalore after an accident involving a lathe (sharping machine) where he used to work. His limb was amputated on June 6, 2006, and the lathe owner, Umesh, had paid him `40,000. However, Shivanna in his fake insurance claim had claimed that he had met an accident with Umesh’s bike.

"No quibble" settlement of PPI claims agreed by Barclays

15/06/2011 19:14:18

After announcing plans to settle all outstanding and new payment protection insurance (PPI) compensation claims brought by its customers Barclays is facing a billion-pound bill.

Over a number of months, the high-profile case has been pursued through the courts by the British Bankers' Association (BBA) as it has sought clarity over rules introduced by the Financial Services Authority (FSA).

Complaints relating to PPI should be settled based on current regulatory guidelines - a stance the BBA says is retrospectively changing the rules on selling the product, according to the FSA.

However, with the process now reaching the appeal stage in the High Court, Barclays has withdrawn from the legal action and instead decided to process the complaints it already has on hold and any new ones it receives.

A fund of £1 billion has been set aside in order to do this, while all complainants whose compensation claim was received before April 20th will receive a full reimbursement of their PPI policy cost, plus an additional eight per cent.

"We have taken this decision because it is in the best interests of our customers, as well as for Barclays and its shareholders; creating certainty, particularly regarding past issues, is of benefit to all parties," said Barclays chief executive Bob Diamond.

On Brisbane Airport Link project Leighton may pursue $300m compensation claim

15/06/2011 19:07:37

Chief financial officer Peter Gregg said that Leighton Holdings may pursue compensation claims of up to $300 million on the loss-making Brisbane Airport Link project.

Because of cost overruns and mounting problems the road and tunnel project, which was originally forecast to make a profit before tax of $407m, has recently been downgraded to a $430m loss.

Yesterday, Mr Gregg said that Queensland's unprecedented wet weather conditions from last October to January this year had "severely hampered" progress of the $4.1 billion project.

Leighton said the construction had been so complex that it had underestimated the amount of reinforced steel and concrete needed for the project.

Only 86,000 tonnes were tendered when more than 133,000 tonnes of reinforced steel were needed, while 945,000 cubic metres of concrete were needed when only 820,000 cubic metres were tendered.

"Completion of the design has also taken much longer than expected and the actual design hours more than doubled the tendered allowance time," Mr Gregg said.

Approvals from different authorities had significantly delayed the project, he said.

£57,000 in Compensation claims for accidents at Rotherham Schools

15/06/2011 18:16:35

Rotherham Council has paid out over £57,000 in compensation claims, to pupils injured in the regions schools, a Freedom of Information request has revealed.

To schoolchildren who suffered serious personal injury and as recompense for lost property, such as mobile phone’s and jewellery, The borough council paid out the compensation over a five year period .

to a young man who was dropped by his fellow pupils, as he participated in a trust building exercise, which had been suggested by a teacher, a payment of £15,000 was awarded .

Another student was awarded just over £11,000, after being struck on the head by a shelf which had come away from the wall and payments of just over £1,000 were awarded to a schoolgirl who broke her wrist in a trampoline accident and a girl who slipped, bizarrely on anti-slip matting.

A boy who was scalded by hot custard, a schoolboy who cut his knee during a PE class and a young girl who was hit in the face by a Frisbee were paid personal injury compensation.

Hubert Webb makes P180K compensation claim

15/06/2011 18:10:04

Acquitted murder suspect, Hubert Webb, wants government to compensate him for the 180 months he spent behind bars.

On Tuesday, Webb, went to the Department of Justice's Board of Claims to file a P180,000 compensation claim for what he said was his "unlawful conviction" for the June 1991 killing of Estrellita, Carmela, and Jennifer Vizconde.

Webb is entitled to P1,000 for every month he spent in jail, Webb's lawyer said .

"There's a Board of Claims here in the DOJ, so once you are convicted and subsequently acquitted, you are entitled to compensation from the government," said lawyer Joaquin Miguel Hizon.

The Supreme Court acquitted Webb and six other co-accused in the massacre, In December last year.

The Surpeme Court reversed the Court of Appeals' December 2005 decision to uphold Webb's conviction by the Parañaque Regional Trial Court Branch 274 in January 2000.

Noting that the prosecution was not able to prove beyond reasonable doubt that Webb and the six other men were guilty, the high court made the decision.

Man awarded personal injury compensation for pub fall

15/06/2011 18:05:40

After falling through an open trapdoor into a pub cellar, a man has been awarded personal injury compensation.

According to reports, Ian Barnes was working for his own courier firm - E & C Barnes Courier Services - when he entered the Albannach Whisky Restaurant Bar in London in 2009.

As he passed through the bar area in order to get a signature for the goods he had delivered, he did not notice that the trapdoor covering had been left up and he fell straight down it.

As a consequence, Mr Barnes broke his back and damaged the cruciate ligament in his knee, leaving him unable to work for seven weeks.

In the time after the fall, he also had to have surgery and intensive rehabilitation.
Mr Barnes took legal action against the owners of the establishment for the injuries he sustained and the earnings he would have made had he not had to have a hiatus from work.

After the case was successful, he has now been awarded GBP 20,000 in personal injury compensation.

Ohio Supreme Court: Worker injured on job can claim compensation over firing

10/06/2011 19:28:31

The Ohio Supreme Court, in a 4-3 decision ruled today that a worker injured on the job has the right to sue his boss for firing him after he was hurt but before he had a chance to file a workers' compensation claim.

The case involved a machine shop employee canned an hour after reporting a workplace injury to the owner of Tomco Machining Company in Dayton. DeWayne Sutton, 34, of Brookville, was given no reason for the termination.

Noting that to prevail in his wrongful discharge lawsuit, Sutton must prove his firing was in retaliation and that his boss, Jim Tomasiak, had no business justification for the dismissal the justices sent the case back to the trial court.

State law prohibits employers from firing, demoting or taking any punitive action against an employee who files a workers' compensation claim. The justices, in their ruling found that workers are entitled to that protection during the period of time between their injury and filing of any claim.

Ohio Supreme Court: Worker injured on job can claim compensation over firing

10/06/2011 19:28:31

The Ohio Supreme Court, in a 4-3 decision ruled today that a worker injured on the job has the right to sue his boss for firing him after he was hurt but before he had a chance to file a workers' compensation claim.

The case involved a machine shop employee canned an hour after reporting a workplace injury to the owner of Tomco Machining Company in Dayton. DeWayne Sutton, 34, of Brookville, was given no reason for the termination.

Noting that to prevail in his wrongful discharge lawsuit, Sutton must prove his firing was in retaliation and that his boss, Jim Tomasiak, had no business justification for the dismissal the justices sent the case back to the trial court.

State law prohibits employers from firing, demoting or taking any punitive action against an employee who files a workers' compensation claim. The justices, in their ruling found that workers are entitled to that protection during the period of time between their injury and filing of any claim.

After Falling through pub’s Trapdoor Man Wins £20k Compensation

09/06/2011 05:25:31

After falling through an open cellar trapdoor at a London pub, A Peterborough businessman has been awarded £20,000 in accident compensation.

Courier Ian Barnes, who runs his own delivery company E & C Barnes Courier Services, based in Gunthorpe, near Nottingham, was delivering parcels to the Albannach Whisky Restaurant Bar, close to Trafalgar square, when the accident took place, claim reports.

Passing throu

New personal injury solicitor role at JNP Legal

09/06/2011 05:19:22

With the appointment of a new solicitor, Merthyr and Nelson-based JNP Legal has expanded its personal injury department.

Rebecca Rees, 25, recently completed her training with the firm to become fully qualified. She has also been accepted as a litigator by the Association of Personal Injury Lawyers (Apil) and is vice-chair of South Wales Junior Lawyers Division.

Since starting three years ago as a paralegal, she has quickly risen through the ranks at the firm. working with the department head, as well as managing her own caseload and creating opportunities for the business, Rebecca will now play a prominent role in the running of JNP’s personal injury department .

She said: “There are a lot of changes under way in the personal injury field at the moment. Many law firms are choosing to ‘water down’ their personal injury departments by having people that are not qualified leading cases. This will never be the case at JNP Legal and that’s why I am so pleased to be joining the team. As a strong local firm, JNP prides itself on providing its clients with a personal and professional service delivered by a qualified solicitor. That’s how we get the best results for our clients.”

Asda pays £10,000 personal injury compensation to shopper

09/06/2011 05:13:25

After slipping on a grape at his local Asda supermarket, a shopper has been awarded £10,000 in personal injury compensation.

Thomas Wardle successfully sued the supermarket chain for damages, following the incident at the company’s Rivergate store, claim reports.

The exact nature of the shoppers injuries are not known but an expert in personal injury claims

stated that the size of the award indicated a possible soft tissue injury to the claimants back.

Following an appearance at Peterborough County Court, where the cleanliness record of the Rivergate store was brought into question, Asda was ordered to pay Mr. Wardle £10,000 in personal injury compensation.

The company had thorough cleaning procedures in place but admitted that on this particular occasion they failed to meet their own high standards, a spokesperson for the store stated .

Following similar incidents at the same store, Asda also confirmed that another two claims for personal injury compensation were pending.

£1.5m compensation for Cornwall care financial victims

09/06/2011 05:04:56

Following a High Court settlement, adults with learning difficulties at the centre of a care abuse case in Cornwall will receive nearly £1.5m in compensation from the NHS.

The action relates to the financial mistreatment of 118 adults in 24-hour supported housing in the county.

It is part of a multi-party action which also includes compensation claims for physical abuse at the former Budock Hospital, near Falmouth.

The physical abuse claim is continuing.

The financial settlement related to historic allegations that residents' money was misappropriated to pay for services that Cornwall Partnership NHS Trust should have funded.

In some cases to pay for capital projects such as building house extensions their money was also used.

The £1.5m compensation will be shared among the 118 individuals who brought the action.

Spanish PM wants more EU compensation

09/06/2011 05:01:09

The European Union (EU) had offered too little compensation for incorrect claims Spanish produce caused a deadly E. coli outbreak in Germany, Spanish Prime Minister Jose Luis Rodriguez Zapatero said Wednesday.

The Germans originally blamed Spanish cucumbers for the outbreak of the infection, which has killed 25 people. The cucumbers were later found to be not the cause, but the Spanish agricultural sector suffered huge losses, with sales, not just of cucumbers, but also other vegetables and fruits badly affected.

Estimates make that more than 200 million euros (292.5 million U.S. dollars) and more than 500 jobs were lost in the first week of the E. coli crisis and the figures are still rising.

The EU has promised 150 million euros in aid for Spain, but Zapatero insists more is needed.

"It is manifestly not enough. We are going to demand that the agricultural sector receives compensation and we are not going to stop with our efforts," Zapatero said.

Zapatero speaking in the Spanish Parliament said that Spain's Official Credit Institute would also be working to compensate cucumber producers, and announced the creation of a finance system to help with the effort.

Spain has not ruled out legal action against Germany and Zapatero said they would not stop the country's campaign to put things "in their proper place.

Seriously Injured Biker to Claim £300k Compensation

03/06/2011 18:06:16

A motorcyclist seriously injured, is to claim £300,000 compensation after his bike was in collision with a car, from the driver.

Robert McPherson,51 from Pudsey, in West Yorkshire, suffered serious multiple injuries, when his Moto Guzzi motorcycle collided with a Toyota Corolla, which pulled out of a junction directly into his path.

Self employed electrician Mr. McPherson, suffered fractures to his shoulder, arm, ribs and hip in the collision, as well as a serious pelvic injury and a pulmonary embolism, reported the Northern Echo newspaper.

The motorcyclist has now launched a car accident compensation claim for £300,000 in damages, at the High Court in Leeds, against the driver Michael Kitching, of Romanby, in Northallerton.

Documents presented to the court state that, the collision was caused by negligence on the part of the motorist, adding that the injuries sustained by Mr. McPherson have had an adverse affect on his business, as he can no longer carry out the same duties as he did before the accident.

The car driver has admitted liability for the incident, through a letter sent from his insurance company, according to the court papers.

Personal injury compensation of £100k awarded following incident at work

03/06/2011 18:02:38

Following an incident at a workplace, personal injury compensation in excess of £100,000 has been awarded to a woman.

After being scarred for life when she was bitten by an asylum seeker while working at the immigration department of Gatwick Airport - the UK's second largest airport which employs some 25,000 members of staff - for G4S, Barbara-Ann Ellis had to undergo three separate rounds of surgery .

This occurred in August 2006 as Ms Ennis was part of a team detaining Sylvia Fileingoshisho, who was resisting and was also later found to be HIV positive.

Results of medical examinations have since shown that the 40-year-old worker - who left her post in 2007 due to physical and mental issues following the incident - has not contracted the disease.

She urged employers to improve safety standards in workplaces, following her award, and added: "Since the attack, my life's been like a living nightmare I can't wake up from."

Probe into patients' names leaked to personal injury lawyers

02/06/2011 05:42:07

As part of an alleged security breach linked to a former nurse suspected of killing her daughter, dozens of patients have been warned their details might have been passed to personal injury solicitors.

189 people have been told that their confidential data could have been illegally accessed and given to ‘blame and claim’ lawyers by the chiefs at NHS Bury.

The probe is linked to an investigation into the conduct of former nurse Dawn Makin, 33, who was found unconscious by the side of her murdered daughter Chloe, four, in February. She had slashed her wrists and drunk a toxic fluid understood to have been bleach.

At the house in Lea Mount Drive Bury, Chloe had been stabbed several times. Ms Makin remains in hospital too ill to be interviewed by police.

Officers say they are not looking for anyone else in connection with the youngster’s death.

It was later revealed that Ms Makin had been sacked from Moorgate Primary Care walk-in centre and was the subject of an investigation into an alleged breach of patient confidentiality.

Hundreds of cases were reviewed as part of an investigation by the Information Commissioner and health bosses in Bury suspect up to 189 patients may have fallen victim to the alleged breach.

They have sent letters to patients whose details they believe could have been leaked to accident solicitors and chiefs have apologised to them.

Hundreds of Women to Claim Compensation for Botched Bladder Surgery

02/06/2011 05:35:09

After almost 400 women claim to have suffered unnecessary or incorrect bladder operations, The Liverpool Women’s NHS Trust, is being sued for medical negligence compensation.

Before being seen by consultant urogynaecologist and surgeon, Mr. George Rowland, many of those affected had relatively minor bladder problems, but following treatment were left with serious incontinence and other major problems.

The claim for compensation against the NHS is thought to be one of the biggest group actions ever undertaken and the eventual cost to the Trust could be in excess of ten million pounds.

Around seventy cases have already been processed, out of the four hundred claims submitted with the NHS Trust admitting liability and paying compensation in half of these cases.

Eileen McNaughton, from Wigan, a mother of two, was referred to Mr. Rowland at the Liverpool Women’s annexe in Aintree and was wrongly diagnosed with stress incontinence and a rectocele, when in fact she was suffering from an overactive bladder.

Mrs. McNaughton suffered serious physical and psychological problems following surgery and now has to wear a catheter and has had to endure several corrective operations to try and repair the damage caused.

The accused, Mr. Rowland is no longer employed by the Liverpool Women’s NHS Trust and the General Medical Council has imposed restrictions on his license to practise and stated that he must not perform any urogynaecological operations.

Horse rider secures personal injury compensation

02/06/2011 05:29:32

Personal injury compensation has been awarded to a woman who was seriously injured when performing a jump during a horse riding lesson.

In August 2008, Maxine Wright had gone for a course of tuition at Whitmore Riding School in Newcastle-under-Lyme ahead of a trekking holiday in Spain, Horse and Hound reports.

However, as her horse Marmite attempted to leap a fence, she caught it with her foot and it completely shifted, causing horse and rider to fall to the floor.

As a consequence, Ms Wright suffered two broken vertebrae and had to take four months off work. She has also been told she will never ride again.

Breaching British Eventing regulations regarding the securing of fences, it was found that the cross-country jump was unfixed and utilised unweighted oil drums.

In order to claim personal injury compensation, the victim took legal action against the owner of the riding school.

She has now been paid GBP 60,000 in personal injury compensation after the insurers admitted liability.

Mike Etherington-Smith from British Eventing told Horse and Hound: "The importance of properly securing portable cross-country fences must not be underestimated and this applies at all levels."

Seaman claims work aggravated pre-existing injury

02/06/2011 05:23:59

A seaman, claiming aggravation of an existing shoulder injury, has filed a lawsuit against his employer that claims he was ordered back to work while he was out for medical treatment, which ultimately resulted in surgery.

On May 20, in federal court in New Orleans, Cooper Hayden filed suit against Odyssea Marine Inc.

The complaint states that on July 30, 2010 Hayden was suffering a shoulder injury which was being conservatively treated when he was ordered back to work. He states his work activities required him to engage in an over-exertion which aggravated his underlying shoulder condition.

The defendants have refused, neglected and withheld paying maintenance and cure, the lawsuit claims.

Damages for pain and suffering, mortification, humiliation, fright, shock, embarrassment, loss of earnings and earning capacity, medical expenses, aggravation of prior condition, inability to engage in social, recreational and other pursuits, mental anguish, found, maintenance, cure attorneys fees, interest, costs and punitive damages is being sought by the plaintiff.

Hayden is represented by Dennis M. O'Bryan of O'Bryan Baun Karamanian, in Birmingham and New Orleans attorney George P. Vourvoulias, III.

The case is assigned to U.S. District Judge Sarah S. Vance.

Guard wins £100,000 personal injury compensation

02/06/2011 05:18:06

£100,000 in personal injury compensation has been awarded to a female custody officer, who suffered horrific injuries after being bitten on the face by a failed asylum seeker.

The victim, Barbara-Ann Ennis, 43, from Ashford, in Kent, required three operations including a skin graft, following the assault at Gatwick airport, during the transfer of detainee Sylvia Fileingoshisho from Yarl’s Wood Immigration Removal Centre.

To check if she had been infected with the HIV virus, after it was discovered that the asylum seeker was HIV positive, Ms. Ennis also had to endure an agonizing six month wait.

The former soldier who had served in both Bosnia and Iraq stated that the trauma of waiting to find out if she had been infected had been ‘torturous’.

Ms. Fileingoshisho had bitten another immigration officer in a similar assault, just days before Ms. Ennis was attacked, but her employer, security firm G4S Ltd had failed to inform Ms. Ennis of the potential danger.

Barbera-Ann’s injuries had had a devastating impact on both her social and professional life, which had forced her to quit her job, adding that the personal injury compensation awarded would offer her some financial security for the future, stated a spokesperson representing Ms. Ennis’s legal team.

Ms. Fileingoshisho was jailed for a period of three years and later deported.

House panel passed by NC workers' compensation changes

31/05/2011 17:06:46

On Thursday, an agreement on changes to rules governing North Carolina workers' compensation claims cleared a House committee.

The panel voted to recommend a bill its chief sponsor said followed weeks of negotiations with groups representing employers, employees and the state. The agreement will protect workers, compensate the injured and encourage people to return to work, says Rep. Dale Folwell of Winston-Salem.

The bill caps temporary payments for a totally disabled worker at nearly 10 years. The current law has no cap, which Folwell said places North Carolina at a competitive disadvantage. The bill also raises the maximum time for wage benefits for the partially disabled and for death benefits.

The measure heading to the House floor also offers new language regarding records needed to review an injured worker's claim.

£300k personal injury compensation award sought by man

31/05/2011 16:58:03

A man is seeking a personal injury compensation settlement of £300,000, after he broke numerous bones and a serious head injury sustained during a road traffic accident .

Anatolij Kuzmenok alleges that a lorry driver ran him over on a zebra crossing in Wisbech, Cambridgeshire, in September 2008, which left him with crush injuries to his chest, 11 broken ribs and a severe brain injury, according to Worcester News.

The pedestrian, in addition, also suffered a "devastating" wound to his arm, which will consequently never work properly again, while the High Court writ issued by him states he is at risk of developing epilepsy and is unlikely to be eligible for many jobs.

Therefore, on the grounds of his alleged negligence while driving a truck owned by Worcestershire-based haulage firm David Curnock, Trevor Cracroft is facing a significant personal injury compensation claim.

Mr Kuzmenok's writ claims the driver failed to see him on the crossing, which caused the collision.

Rs.9 lakh compensation relief for kin of woman killed in accident

31/05/2011 16:52:00

To the family of a woman who was killed in a road accident in 2006, a Delhi court has awarded over Rs.9 lakh as compensation and interest.

Motor Accident Claims Tribunal Judge Ashwani Sarpal awarded Rs.703,022,compensation along with around Rs.2.5 lakh interest, to the family members of 26-year-old victim Neeru Bhatnagar, .

On May 30, 2006 in North Delhi, the motorcycle on which she was riding pillion was hit by a scooter driven by Sunil Kumar. The scooter belonged to his relative Vijay Kumar.

Under the Motor Vehicles Act, the court, in its judgment May 25, held the scooter driver guilty and asked the driver and the owner of the offending scooter to pay the compensation.

"As the offending vehicle was uninsured, the entire liability to pay the compensation falls upon its driver and owner," the court said.

It directed the scooter driver and owner to pay the amount by June 24 to the victim's family along with interest at the rate of 7.5 percent per annum from the date when the case was filed in July 2006.

The victim, Neeru Bhatnagar, who worked as an office assistant, was killed around 10.30 a.m. while going towards Rohini's Sector 11 with her brother Sachin on his motorcycle.

The scooter came from the opposite direction and hit the motorcycle. Bhatnagar fell down due to the impact and received injuries. She died on way to hospital. She is survived by her husband and minor daughter.

Bhatnagar's husband sought Rs.20 lakh compensation while filing the petition.

The driver and the owner of the scooter filed their joint written statement in which they denied the allegations and said that their scooter was not involved in any accident. They said that it was due to the imbalance of the motorcycle that the deceased fell down and suffered injuries.

For implicating them in the case, the duo even blamed police.

The court relied upon the statement of Sachin and the police report which stated that the accident took place due to rash and negligent driving of the offending scooter.

Personal injury compensation 'voluntary' says Prasa

31/05/2011 16:44:42

On Monday, the Passenger Rail Agency of SA (Prasa) said that compensation to those injured in two Gauteng train accidents was on a voluntary basis.

Spokeswoman Nana Zenani said: "Prasa reiterates its position that financial assistance to the two train accident victims is done on a voluntary basis to the affected individuals."

She said that those who opted for the financial assistance would sign an agreement that they would not pursue further legal claims, but this was carefully explained to claimants.

"The financial assistance is separate from medical costs which are being covered entirely by Prasa," she said.

Prasa was answering to allegations in the media that immediate compensation was being offered in order to stave off larger personal injury law suits arising from two train accidents this year.

In Meadowlands, on May 19, 857 people were injured when two trains collided.

A train driver was killed and 200 people were injured in a rail collision between Akasiaboom and Winternest train stations in Pretoria, in early April.

"We are being up front, we are explaining to each person their options," Zenani said.

She said victims should be warned of "some unscrupulous lawyers" who might try to enrich themselves through victims' claims.

Prasa was committed to supporting victims and would "act sternly and decisively" with employees who endangered the lives of commuters.

After PPI scandal FSA raises compensation

31/05/2011 16:39:02

The maximum compensatory award receivable by wronged consumers has been increased by the Financial Ombudsman Service to £150,000, up from the £100,000 that was the previous limit.

the FSA, In the wake of the PPI mis-selling scandal, has seen fit to raise the cap, after the noted failure of financial institutions to deal properly with complaints from customers who were affected by this and many other issues. After concerns were raised that the original £100,000 sum, which was decided upon in 2001, had since dropped in comparative value, offering neither a satisfactory sum for consumers nor an appropriate punitive measure against recalcitrant banks, the FSA decided to reassess the amount of compensation which could be awarded.

In a move to prevent the initial complaint being simply disregarded by the firm in question, other measures included within the FSA's new schemes include an end to the two-stage approach to dealing with complaints. This is something which was of great concern during the mis-sold PPI case.

Customers, previously, could not take a case to the FSA until a second complaint had been made - meaning that many were discouraged by institutions' initial dismissive responses. This is why many individuals did not claim back PPI which was owed to them.

The FSA has handled one million complaints from wronged consumers and, while it is intended to be the last port of call for those who have been ignored, it has lately become a service which many people are forced to use, due to the uncooperative and obstructive activities of financial institutions.

Report predicts rise in personal injury costs to £10bn

27/05/2011 08:06:20

By 2014 driven by the growth in the number of motor personal injury claims, costs faced by the personal injury insurance industry are likely to rise from £8.4bn in 2010 to £9.7bn according to a report by Datamonitor.

Despite new regulations being brought in to tackle the problem, the market analysts added the rise would continue.

The report revealed that it is motor claims that continued to dominate the personal injury market as a whole accounting for just under 80% of the total despite a fall in the number of road traffic accidents. It added that employers' liability, public liability, and clinical negligence all contributed to the market, but to a lesser degree.

"The rising costs of motor personal injury claims were one of the key reasons for the review of civil litigation costs by Lord Justice Jackson.With the continued aggressive TV and marketing campaigns by solicitors and claims management companies, there has been a rise in disproportionate claims, with exaggerated claim sizes and unnecessary costs, making regulatory changes essential," said Barbara Kubis-Labiak, analyst at Datamonitor.

However, according to some solicitors and insurers who spoke to Datamonitor for their report, even if all the changes suggested by the Jackson review were implemented, personal injury claims costs would continue to rise until 2014 at least, albeit at a slower rate.

Personal injury compensation secured by father hit by stolen car

27/05/2011 06:31:00

A personal injury compensation settlement believed to run into millions of pounds has been secured by a father who suffered life-changing injuries after being hit by a stolen car.

In 2006, Mark Seabrook, 49, had been driving his car in Watford when a stolen vehicle being driven by Salliaman Khan came out of a junction, failed to give way and hit him, the Watford Observer reports.

The estate agent was knocked unconscious and sustained devastating injuries to his spine which mean he will be confined to a wheelchair for life.

He also suffered head, chest and lung injuries and spent six months in hospital.

Mr Seabrook began to struggle in his job, despite being considered for a director's role at the time of the crash, and has since been made redundant.

The father-of-two decided to pursue a claim for clinical negligence compensation after it was revealed that Mr Khan had been convicted of aggravated vehicle taking.

This week, at the High Court a settlement was agreed upon for the victim which, although no details have been disclosed, is believed to be a seven-figure sum.

This will be a lump sum payout, as well as index-linked remuneration for the rest of Mr Seabrook's life.

The judge praised his "dignity, courage and fortitude" and wished him luck for the future.

Agency fights release of workers' compensation

27/05/2011 06:11:25

The state attorney general's order that it release details tied to millions of dollars in settlements is being challenged by the Illinois agency that processes workers' compensation claims.

To block the release of records sought by the Belleville News-Democrat the Central Management Services filed a lawsuit in Cook County. Illinois Attorney General Lisa Madigan has ordered the records be made public.

At issue are millions of dollars in compensation settlements paid to workers at the Menard Correctional Center in southwestern Illinois for alleged on-the-job injuries they say are tied to operating heavy cell-locking mechanisms.

The records are wanted by the News-Democrat as part of its series of stories that expose possible abuses of Illinois' workers' compensation system. CMS argues it is allowed to withhold the information as proprietary.

The lawsuit was filed Monday -- the deadline for CMS to publicly disclose the records -- and came the same day that a state lawmaker introduced a measure that would compel the agency to hand over the documents.

Republican state Rep. Dwight Kay of Glen Carbon said: "CMS is not authorized to play by its own rules and make their own laws as they so choose. This is all monkey business. This is simply foot-dragging, and they are trying to say it is OK."

The medical information sought by the News-Democrat consists of 50 nerve-related tests considered a keystone of workers' compensation claims and settlements for repetitive trauma made by about 230 prison guards at Menard and other employees since January 2008. The settlements, ranging from about $20,000 to $150,000, are paid by taxpayers.

Represented by a Chicago-area law firm, CMS filed a 31-page request for an administrative review, claiming the Madigan-created Public Access Counselor's Office's order for the release of the records "is against the manifest weight of evidence and is unsupported by law."

When requesting a 21-day extension to acquire more data, CMS also argued that the Public Access Counselor's Office missed a deadline making Madigan's order for the records to be released non-binding.

Madigan will be given time to respond to the lawsuit.

More than $16 million recovered for clients in 2010 by Philadelphia personal injury attorneys Galfan

27/05/2011 05:59:13

Galfand Berger, personal injury law firm, has a long history of raising the bar for obtaining verdicts and settlements on behalf of clients. , Galfand Berger, established over 60 years ago remains committed to helping victims of auto accidents, workers compensation claims, wrongful death, and medical malpractice injuries in Philadelphia and surrounding counties.

Galfand Berger recovered more than $16 million in compensation for clients injured by the bad behavior of others, In 2010 alone.

"We are fierce advocates for those hurt by the careless and reckless behavior of corporations, insurance companies, employers, and individuals," says Galfand Berger managing partner, Debra Jensen. "Our achievements have provided justice for people facing devastating physical, emotional and financial injuries."

A $3 million settlement for the estate of a scrap yard worker fatally injured on the job because the railcar he was riding lacked federally mandated safety features including grab bars, handholds and foot stirrups, is an example of the firm's 2010 victories on behalf of clients . This wrongful death settlement is among the top 35 Pennsylvania recoveries in 2010.

Galfand Berger also attained several confidential multi-million dollar settlements arising from workplace or medical provider injuries (the final facts of these cases were not released to the public), including:

·         A worker who suffered a brain injury after being struck in the head by a defective machine (products liability)

·         A worker injured when he was crushed by a falling furnace door (products liability)

·         A patient who died after transfer from the operating room (medical malpractice)

Other wins for include $850,000 for a worker who suffered a foot-crush injury; a six-figure settlement for a man who suffered a hand crush injury; $285,000 for a worker who injured his knee, and numerous similar cases are part of other wins for Galfand Berger's clients.

Eugenics compensation reviewed by task force

27/05/2011 05:30:40

Thousands of people, who were illegally sterilized over a 30-year period, are getting a chance to receive compensation and closure.

A task force that will review victims' claims has been created by Governor Beverly Perdue.

"This is a whole new ballgame, and I'm thrilled," eugenics victim Mary English said.

English has another chance to tell her story.

"For me, it's freeing because think about it," she said. "I lived with this for 40 years so I get to tell. I get to tell!"

A former Fayetteville radio newscaster, English was a single mom in 1972 with three small children and says her doctor offered to help her with birth control. A year later she realized she had been sterilized.

Under a secret state sanctioned eugenics program between 1933 and 1973 she’s one of more than 7,600 people believed sterilized.

English, four years ago, first told her story to a House Appropriations Committee that was considering compensating eugenics victims, but last year she was told she didn't qualify for compensation.

"They told me they couldn't find my medical records and there are a lot of people like me that were sterilized," English recalled.

a task force created by Governor Beverly Perdue met on Wednesday and talked about previous commission efforts, lost or destroyed medical records and new policies and procedures.

Phoebe Zerwick, task force spokesperson said that this is an effort to bring justice to these people and to those who are still alive, and to find a way to compensate them.

English says identifying victims may be a struggle.

"There are definitely others out there," she said. "I know them. They know I know them, but they have told me they are not coming forward no matter what."

On June 22, the task force is scheduled to meet, and it is required to issue a preliminary report to the Governor by August 1.

New Law Office in Newport Beach announced by Harris Personal Injury Lawyers

27/05/2011 05:22:09

An announcement was made by Harris Personal Injury Lawyers that they are opening a new law office in Newport Beach. The launch of the Newport Beach location, with other offices in San Diego and Oceanside, will provide Orange County residents with easier access to quality legal representation.

Ryan Harris, trial attorney and the team of lawyers at Harris Personal Injury Lawyers are known for their experience in handling auto accidents and other serious personal injury cases. The firm intends to provide Orange County residents with the same quality legal representation it currently provides to its San Diego clients. The new office is located at 4000 MacArthur Blvd. Suite 900 in Newport Beach.

“Simply put, our attorneys know what it takes to get results,” said Harris. “Our law firm does not have a one-size-fits-all approach – we offer a fresh perspective and personalized legal solutions.”

For recovering damages for their clients, the team at Harris Personal Injury Lawyers has a proven track record. Resulting in settlements and jury verdicts ranging from $5,000 to $13.3 million, they have successfully handled more than 2,000 cases across California.

The attorneys at Harris Personal Injury Lawyers have also been recognized by their peers. Ryan Harris was recently selected as one of the semi-finalists for the San Diego Daily Transcript’s Top Attorneys 2011 award. He was also awarded the 2010 “Trial Star Award” by the Consumer Attorneys of San Diego for his trial work on the case of Rogers v. Storms, Tulare County Superior Court – Visalia, Case# 08 230432 which resulted in a $13.3 million dollar jury verdict.

The attorney team at Harris Personal Injury Lawyers is able to handle cases successfully without ignoring the individual needs of each client. Harris Personal Injury Lawyers aims to bring a superior standard of legal representation to Orange County residents, just like it has done throughout San Diego County through their distinctive process of gathering information, aggressive negotiation and litigation.

Paralysed driver claims £5m injury compensation

25/05/2011 17:14:52

A driver paralyzed when his vehicle was involved in a collision with a stolen car, has settled his £5 million compensation claim.

Mark Seabrook, forty nine year old father of two, suffered horrendous injuries when the stolen car failed to give way at a junction and careered into Mr. Seabrook’s vehicle.

The victim suffered multiple injuries including, spinal damage and several fractures to his ribs, a broken leg, chest and lung damage and serious head injuries. He spent half a year in hospital being treated for his wounds but has been left paralysed and confined to a wheelchair.

Salliaman Khan of Jellicoe Road, in Watford, the driver behind the wheel of the stolen car, was sentenced to eight months imprisonment after being charged with aggravated vehicle taking.

During a break in proceedings at the High Court, Mr. Seabrook made a claim for £5 million in car accident compensation but settled for an undisclosed amount in damages.

For the rest of his life, the confidential settlement, believed to consist of a ‘substantial’ lump sum, followed by yearly index linked and tax free payments, will help to cover the cost of Mr. Seabrook’s ongoing care

After 28 years woman wins personal injury compensation

25/05/2011 17:07:56

Those looking to pursue a personal injury compensation claim for an incident that happened some time ago may be heartened to hear of the case of a Lincolnshire woman.

The Lincolnshire Echo reported that the lady, who is referred to only as Mrs P, has been awarded a £100,000 compensation payout with the help of an injury lawyer.

"I can now look forward to an independent future because the compensation has allowed me to organise adapted bathing facilities, correct bespoke footwear and regular professional chiropody, all of which were out of my reach," Mrs P said.

She received the personal injury compensation after an "inappropriate" operation that was carried out on her almost three decades ago.

In 1983, Mrs P suffered pain after staff at Boston's Pilgrim Hospital operated on her to remove corns. As a result of this operation, the claimant now has a left foot that is shorter than her right one.

Horse rider awarded £60k in personal injury compensation

25/05/2011 17:00:56

After breaking her neck in a horse riding accident, a female horse rider from Stoke-on-Trent has been awarded £60,000 in personal injury compensation.

Maxine Wright, along with her husband Phil, were taking horse riding lessons at the Whitmore Riding School, in Shut Lane Head, Newcastle-under-Lyme, when the horse she was riding failed to clear a jump, reports the Horse & Hound magazine.

Mrs. Wright and the horse ‘Marmite’ both fell to the ground when Marmite’s rear legs clipped the top of a barrel, which was among several being used as a cross country jump. Unfortunately the barrels were not weighted down and moved forward on impact, causing the horse to fall.

In the accident Mrs. Wright suffered serious personal injury including two broken vertebrae at the top of her spine, which hospitalized her for almost two weeks and kept her away from her job for four months.

A representative from Mrs. Wrights legal team stated that the “jump was inherently dangerous” and added that the riding school showed a lack of awareness of the potential risk.

£60,000 in personal injury compensation was awarded to Mrs. Wright, in an out of court settlement, after the schools insurers admitted liability.

Adding that training in course design and building was available from the organization, a spokesperson from the sports governing authority ‘British Eventing’ (BE), stressed the importance of properly securing portable or temporary obstacles.

Pedestrian Claims £300k Compensation

25/05/2011 16:45:01

For road traffic accident compensation, a road haulage company based in Worcester is being sued for £300,000 compensation after one of their drivers knocked down a pedestrian on a zebra crossing.

In Wisbech, Anatolij Kuzmenok, of Mount Pleasant Road, claims that he was run over and dragged along the street by the lorry, while attempting to cross Churchill Road, in Wisbech, Cambridgeshire.

The victim suffered serious personal injury in the accident and had to be airlifted to hospital to be treated for crush injuries to his chest, numerous broken ribs, a severe injury to his left arm and a serious head injury.

For his injuries, Mr Kuzmenok is now seeking compensation at the High Court, from driver Trevor Cracroft, of Upper Tything, in Worcester and his employers David Curnock Ltd, based in Lower Town Claines, in Worcestershire.

Because of his injuries Mr Kuzmenok, will be profoundly limited in the job market and has an increased chance of developing epilepsy in the future, as a result of his brain injury, the High Court Writ states.

The matter was in the hands of their insurance company and was being dealt with by their solicitors, stated a spokesperson for the haulage company.

Pedestrian Claims £300k Compensation

25/05/2011 16:45:00

For road traffic accident compensation, a road haulage company based in Worcester is being sued for £300,000 compensation after one of their drivers knocked down a pedestrian on a zebra crossing.

In Wisbech, Anatolij Kuzmenok, of Mount Pleasant Road, claims that he was run over and dragged along the street by the lorry, while attempting to cross Churchill Road, in Wisbech, Cambridgeshire.

The victim suffered serious personal injury in the accident and had to be airlifted to hospital to be treated for crush injuries to his chest, numerous broken ribs, a severe injury to his left arm and a serious head injury.

For his injuries, Mr Kuzmenok is now seeking compensation at the High Court, from driver Trevor Cracroft, of Upper Tything, in Worcester and his employers David Curnock Ltd, based in Lower Town Claines, in Worcestershire.

Because of his injuries Mr Kuzmenok, will be profoundly limited in the job market and has an increased chance of developing epilepsy in the future, as a result of his brain injury, the High Court Writ states.

The matter was in the hands of their insurance company and was being dealt with by their solicitors, stated a spokesperson for the haulage company.

To reduce PPI compensation banks fought

20/05/2011 07:22:03

It has been reported that Banks embroiled in the PPI mis-selling scandal attempted to have the interest rate owed on compensation claims reduced last year.

When the new regulations were proposed in March 2010, many lenders were registered as objecting to the interest rate of 8% that was to be applied to mis-sold Payment Protection Insurance reclaims, A consultation paper released by the Financial Services Authority establishes.

The interest added to PPI refunds was intended to reimburse consumers for the inconvenience of being sold an inappropriate policy, as well as the profit they could have made for their money had they invested it instead.

Some banks on the basis of the latter, suggested that the interest rate on PPI claims should fall to as little as 1.5%, this being a more probably rate of return had the borrowers invested their money elsewhere.

But advisors for the FSA pointed out that many people who had been mis-sold PPI had been paying higher interest rates than 8% on their loan.

Last year, the pressure to reduce the interest on PPI compensation came before the court case which saw an ultimately unsuccessful attempt by the banks to contest the FSA's new rules for refunds, making it clear that this was an attempt by financial institutions to reduce the liability they have ended up exposed to. Some experts have predicted that the financial sector could end up paying out up to £10 billion in compensation with the banks obliged to refund customers who were mis-sold PPI.

For work in landmark cases Watford-based Collins Solicitors handed award

20/05/2011 07:10:21

At a national awards ceremony, a Watford based firm has been named legal services team of the year.

At the Claims Innovation Awards 2011, Collins Solicitors was handed the title, which recognizes firms that offer services in personal injury and clinical or professional negligence cases.

The Station Road-based solicitors was rewarded for its success in representing clients in cases including the Buncefield explosion and the Corby case.

The firm obtained compensation during the latter, for children born with birth defects after their mothers were exposed to toxic waste in land formerly occupied by British Steel, in Corby, Northamptonshire.

Compensation from state fund denied to Bradley

20/05/2011 07:00:35

Payment from the compensation fund has been denied to Clarence Lee Brandley, whose release from Texas' death row in 1990 helped pave the way for a special fund to compensate victims of wrongful conviction.

Last week, Brandley was notified by the comptroller's office that his claim for nine years of improper incarceration was made too late and lacked either a pardon based on innocence or a court ruling declaring him innocent.

Brandley, 59, was convicted of capital murder in the death of Cheryl Ferguson, a 16-year-old high school student killed during a 1980 volleyball tournament at Conroe High School, where Brandley was employed as a custodian. as his supporters claim he was singled out as a suspect only because he was black, His conviction quickly became a cause célèbre.

An appeals court all but agreed years later, saying his trial lacked even "the rudiments of fairness," and ordered a new trial.

Eventually, Montgomery County prosecutors were forced to drop charges against him, while insisting he was guilty.

Referring to a bill passed this week on behalf of Anthony Graves — rejected for compensation because of technicality after spending 18 years on death row for a crime in which he was not involved — Ozell Brandley, his brother, urged state legislators to make the same effort for Clarence.

"We went to court in 1990 and tried to get $120 million for Clarence," his brother said. "They said the state was immune. We thought that was the end of it."

Clarence Brandley, who has worked sporadically since being released and supports himself with odd jobs, said he was prepared to go back to court or lobby the Legislature to get a small measure of what he believes he is owed.

"We're going to do what we have to do," he said.

A spokesman for the comptroller's office, R.J. DeSilva, said the agency's hands were tied, regardless of the merits of Brandley's claim. He said officials with the office hope to work with legislators to study modifying the law so that bona fide claims can more easily be paid.

Elmira Personal Injury Attorney Says Dog Bite Victims Deserve Fair and Full Compensation

20/05/2011 06:40:17

Today, Elmira personal injury lawyer, Scott C. Gottlieb said: "With the recent pit bull attack of a 6-year-old boy making news in Elmira, it may be time to revisit the liability insurance requirements of the city’s dangerous dog ordinance".

Enacted in 2003, under the current City of Elmira ordinance, the owner of a dog that is deemed to be “dangerous” according to New York law must provide the city’s animal control department with proof of liability insurance of at least $50,000 or a surety bond in that amount.

“An issue that often arises in animal attack cases is securing compensation,” said Gottlieb, an experienced New York dog bite attorney.

“Victims need compensation to pay for a variety of necessary medical expenses that result from a vicious animal bite, such as emergency room visits, hospitalization, surgical repair to the eyes, nose or ears, plastic surgery or psychological counseling,” Gottlieb said.

“Since this ordinance was enacted, medical costs have risen sharply. That$50,000 floor may no longer be an adequate minimum amount of insurance.”

Bites and attacks by dangerous dogs are a public safety issue in Elmira, New York and across the country, According to Gottlieb. The Centers for Disease Control and Prevention estimates that nearly 900,000 people each year suffer dog bite injuries that require medical treatment.

9 months on, no compensation for fishermen hit by oil spill

20/05/2011 06:31:16

The state government is yet to decide on compensation claims of local fishermen, over nine months after a collision between MSC Chitra and MV Khalijia off Mumbai coast caused an oil spill.

On 7 August last year, MSC Chitra and MV Khalijia had collided causing an oil spill.

A compensation of Rs 8.05 crore for losses suffered by 2500-odd fishermen and 15,000 fisherwomen was demanded by the local fishermen's organizations. On Wednesday, during a meeting presided over by deputy chief minister Ajit Pawar officials from the fisheries department admitted that the proposal regarding compensation claims for the fishing community was yet to be legally examined.

Pawar directed the department to ensure that the proposal was finalized and submitted to the legal department in three days.

To issue grant-in-aid for the affected fishermen, the department was also asked to evaluate the option of requesting the Centre. A delegation led by Damodar Tandel, president, Akhil Maharashtra Macchimaar Kruti Samiti, was present for the meeting.

On Wednesday, Pawar also held another meeting where it was decided to issue state grants towards construction of new municipal markets with modern facilities.

For compensation in personal injury extent of disability claims a key factor

19/05/2011 06:06:39

The extent of the disability from an injury is the primary factor in determining the quantum of damages in accident cases.

According to the Compendium of Personal Injury Claims, which provides a guideline for such awards since January, “fractured fingers may appear to be a minor injury but a resultant stiff or bent finger can be extremely troublesome, especially on the dominant hand”.

So, an award for an injured finger lies between RM3,000 and RM12,000, while an injury to a toe may draw an award of between RM3,000 and RM6,000.

The claimant's age, gender and marital status, and whether the injuries would affect the prospect of marriage are other important factors.

Depending on the injury, the impact on the claimant's employment, ability to perform household chores, facial and body asymmetry, ability to have children and whether the claimant is a sportsperson are among other factors that have a say in the quantum of the award.

For judges and lawyers, the compendium is intended to be a quick reference document and can be accessed at.

The compendium was not meant to stifle the rights of the parties to submit below or above the stipulated quantum or fetter the courts' discretion, According to a Bar Council circular, .

“As such, judges and lawyers are at liberty to depart from the compendium if case law or factual circumstances so dictate.”

New leader for 9/11 compensation fund

19/05/2011 06:00:43

For people with September 11-related health conditions, one of the country's top litigators will oversee nearly $3 billion worth of compensation claims.

On Wednesday, the Justice Department announced Sheila Birnbaum, a partner at Skadden Arps, will be the Special Master of the new Victims Compensation Fund.

Among other issues, Birnbaum, in the coming months, will have to take the law passed last year and turn it into a set of rules for administering claims. She'll consider whether certain cancers and post-traumatic stress disease will be eligible for payment.

On Wednesday, former Ground Zero worker John Feal, who advocated for the James Zadroga 9/11 Health and Compensation Bill, met Birnbaum.

"The bill's not perfect, and this program won't be perfect, but I think she has the capability of making this as close to perfect as possible," Feal said.

Birnbaum has already been involved with September 11 lawsuits. During the claims process for the first Victims Compensation Fund, in the years immediately following the World Trade Center attacks, she represented a group of almost 100 people who rejected offers by the earlier special master, Ken Feinberg. That group eventually settled for a half-billion dollars.

In some circles, Birnbaum is known as the 'Queen of Torts.' She's also represented State Farm Insurance Company against hundreds of plaintiffs suing the company over Hurricane Katrina payouts.

Anthony Graves closer to securing compensation claim

19/05/2011 05:52:05

Under legislation passed by the state Senate, a Texas man wrongfully imprisoned for capital murder would get previously denied state compensation.

On Wednesday, Texas senators voted for a bill that would allow Anthony Graves to collect $1.4 million in compensation for his wrongful conviction.

Graves spent 18 years behind bars for the 1992 slayings of six family members, but was declared innocent by a special prosecutor.

Exonerated people can receive $80,000 for every year they were imprisoned under a 2009 Texas law. The state comptroller had denied Graves’ claim because the order detailing the exoneration lacks the words “actual innocence.”

The bill also makes sure attorney fees for state compensation claims are not excessive and ensures exonerees have access to affordable health insurance.

£750,000 accident at work compensation claimed by engineer

17/05/2011 17:59:09

£750,000 in accident at work compensation is to be claimed by A London engineer, who suffered serious personal injury after falling down a lift shaft, from his employer.

Thirty six year old George Harrison, of Thamesmead, in London, was working with a colleague on a lift replacement at Halton Heights in Priory Road, East Sussex, when a temporary platform they were using to remove parts of the old system, collapsed and the two men plunged seven metres to the ground below, reports The Hastings Observer newspaper.

Mr. Harrison suffered multiple fractures to his face, shoulder and leg in the accident and also lost six of his teeth. His facial injuries were so severe that he required surgery to insert five metal plates and screws; he will also need to endure complex plastic surgery in the future.

Against his employers, the world wide elevator company Otis He has now launched an accident at work compensation claim, for £750,000 in damages.

The platform Mr. Harrison and his colleague were working on collapsed because its maximum load of one tonne had been exceeded, revealed an investigation by the Health and Safety Executive.

Since the accident, Mr. Harrison has not been able to return to work and has been released by Otis on medical grounds. His legal team claim that the engineer is now significantly disadvantaged in the job market.

In Wales compensation warning to councils

17/05/2011 17:17:16

Unless they take a new approach to road repairs, a road safety charity has warned that councils in Wales face escalating compensation pay-outs.

Councils paid out compensation of more than £1.2m over four years, revealed new research by BBC Wales.

The Institute of Advanced Motorists (IAM) said councils needed to resurface roads properly, not just fill holes.

They were all looking at ways to upgrade their road networks, said the body that represents councils in Wales.

A Freedom of Information request asked councils how much compensation they had paid out as a result of potholes or damage on roads in the past four financial years.

Many had spent hundreds of thousands while some paid out as little as a few hundred pounds.

Two councils at the top for pay-outs were Vale of Glamorgan with £245,967 and Newport, with £203,913.

Wrexham paid out £497,941 but the council said its total included all highway claims, such as those relating to snow and ice, as well as potholes.

Spilt custard pay-out among compensation claims

17/05/2011 16:55:53

After being splashed with hot custard a pupil sued his school for £750, records of barmy compensation awards show.

For falling off a classroom chair another child got more than £6,000 and thousands were paid damages in the past two years after tripping over in the playground.

After being “accidentally kicked in the face” one got £3,000.

Concerned education officials in Merseyside said schools had an “impossible job” in the current compensation culture.

The threat of compensation cases meant health and safety was embedded into school life, said Jim Donnelly, head at Litherland High School in Sefton.

He added: “For example, if it starts to rain we would put up a ‘Be careful, slippery surface’ sign up on exit doors because we know insurers would want to know what steps we have taken.”

Merseyside councils were asked to release details of successful compensation claims brought against schools on behalf of pupils, under the Freedom of Information Act .

Between 2008 and 2010, Knowsley council forked out most in compensation claims – with more than £50,000 paid to pupils’ families.

Successful claims included the £750 for a pupil whose arm was burnt by spilt custard and £350 to one who tripped over an “unmarked ramp”. Others included more than £6,000 for a child who was hit in the eye with a pen.

More than £21,000 was paid out for seven incidents during the same period In Wirral, including £6,534 for a pupil injured falling off a chair and £4,000 for one hurt on a fence.

Chip Shop Worker Claim’s £1 Million personal injury compensation

17/05/2011 16:40:53

After slipping on a wet chip shop floor, an employee at a Liverpool takeaway is to claim a million pounds in personal injury compensation.

Fifty six year old Sylvia Cheung had just completed her shift at the takeaway and was about to leave the shop when she slipped on the wet tile flooring, reports the Liverpool Echo.

Mrs. Cheung hit her head in the accident and was knocked unconscious; she also damaged her spinal column and her legal team claim that she could become dependent on a wheelchair in the future.

Against her employer, shop proprietor Pei Hui Zhu, who denies liability for the incident, her claim for accident at work compensation has now reached London’s High Court, where Judge John Leighton Williams QC decided that Mrs. Cheung was 15% liable for her own injuries but ruled that Mrs. Zhu had breached Health and Safety Regulations and should be held 85% responsible for the accident.

The actual amount of compensation Mrs. Cheung will receive has yet to be decided but due to her injuries, her lawyers believe damages could be in excess of one million pounds.

Pei Hui Zhu, business owner speaking from the busy Yang Sing takeaway in Finch Road, Dovecot where the accident took place, was said to be very stressed over the incident.

Personal Injury Attorney Michael Barasch Comments on Studies Showing Increase in Cancer and Lung Dis

14/05/2011 16:55:26

Michael Barasch, New York attorney, is concerned about two recent reports, one from the New York City Fire Department's chief medical officer and one from Mt. Sinai Hospital. The reports confirm a rise in cancer and pulmonary diseases among the firefighters and other rescuers who worked at Ground Zero.

“I have been fighting for the rights of injured New York City firefighters for 30 years and the reports confirm what most experts have feared. They are cause for concern. I intend to continue fighting for the health and safety of our city's firefighters, especially those affected by the events of 9/11," said Mr. Barasch.

According to the FDNY's chief medical officer, Dr. David Prezant, firefighters who assisted in the search for victims at the World Trade Center site are getting cancer at a higher rate than firefighters before 9/11. He has cited unusual rises in three blood cancers—leukemia, non-Hodgkin's lymphoma and multiple myeloma—as well as esophageal, prostate and thyroid cancers. A recent Mt. Sinai clinical study confirmed an increased incidence of chronic pulmonary inflammation, including an alarming three-fold increase in sarcoidosis in firefighters and other post-9/11 workers.

Although city officials currently state there is no scientific proof of a relationship between Ground Zero pollutants and rescue personnel illnesses and death, Prezant's report may be the first to officially document that link.

Both studies are expected to be published around the tenth anniversary of the September 11, 2001 tragedy.

A longtime advocate of New York City firefighters and rescue personnel, Mr. Barasch's New York City accident law firm represented more than 1,000 rescue workers—including the late James Zadroga, an NYPD officer and 9/11 first responder—at September 11th Victim Compensation Fund hearings.

From Rapid Solicitors a £15,000 Prize Giveaway

14/05/2011 16:26:22

Rapid Solicitors, a UK-wide personal injury law firm with a difference, have teamed up with one of the world’s best known luxury brands, Ducati.

Rapid is a major sponsor of British Superbikes, as well as the sponsor of a Ducati Race Team together with a number of high profile riders, including Martin Jessopp and Michael Rutter.

As well as offering expert legal advice and fighting accident compensation cases, Rapid has taken the opportunity to celebrate their Ducati partnership by doing something really special. They’re offering their clients the chance to win some simply stunning prizes.

“One lucky person will win a brand new Ducati 848 Superbike, or the cash equivalent of £10,000. We’ve arranged for the prize to be presented by four-time world superbike champion and Rapid Solicitors Ducati 848 ambassador, Carl Fogarty, at Brands Hatch on 9th October. That’s a biker’s dream,” said Andy Baldwin.

One runner-up will win a luxury weekend for two to Milan, Italy to see the Milan Fair. Rapid Solicitors will even give you £2000 to spend. Milan, the capital City of the Lombardy region, is home to Italy’s fashion industry, stunning architecture and luxury brand shopping.

All existing Rapid Solicitors clients with an on-going case or new clients opening cases with Rapid Solicitors between now and 24th September will be automatically entered into the draw.

On 25th September, the draws will be made by an independent person at Silverstone.

Fake compensation claimants 'should expect prison', judge tells

14/05/2011 16:16:34

A top judge warned as he sentenced a former Welsh firefighter that cheats who put in fraudulent compensation claims will face jail or financial ruin.

Lord Justice Moses, in the first case of its kind, came down hard on firefighter Anthony Smith, who said he was incapable of working and was “surviving on state benefits” after allegedly slipping in a wet patch at Cardiff Central fire station.

The 37-year-old father was awarded thousands in severance and sick pay from the South Wales Fire and Rescue Service and put in a £25,000 compensation claim.

His compensation claim was thrown out when it was discovered that a month after the accident he took a written taxi test and within four months was plying the streets of Cardiff as a self-employed taxi driver.

Mr Smith, of Carlton Crescent, Gwaun Miskin, Beddau, Pontypridd, admitted contempt in what was the first of a number of similar cases currently being pursued by insurance companies.

Sitting with Mrs Justice Dobbs in London’s Divisional Court, Lord Justice Moses handed Smith a 12-month suspended jail term.

He told Smith that “quite apart from the disgrace, ignominy and the loss of his good name”, he also now faced “financial disaster”.

To pay off some of the money he owes after securing compensation claim, a £10,000 lump sum from his pension has already been diverted to the fire service and a charge of about £14,000 is hanging over his home.

Smith, who attended the hearing with his father, told the judge after admitting his contempt of court: “I am extremely sorry, my Lord, for it to come to this.

“I was silly and I regret it.”

“For many years the courts have sought to underline how serious false and lying claims are for the administration of justice. False claims undermine the system whereby those injured by the fault of others receive just compensation... they impose a burden on honest claimants and honest claims. Our system depends upon openness, upon transparency and, above all, on honesty. That system is severely damaged by lying claims. Those who make such false claims, if caught, should expect to go to prison. There is no other way to deter those who might be tempted to make such claims,” Mr. Smith, Lord Justice Moses.

Redesigned website for accident victims announced by New York personal injury attorneys

14/05/2011 16:00:16

To better assist site visitors looking for legal answers, New York, NY The New York injury attorneys at Block O'Toole & Murphy are pleased to announce that their website has been redesigned. The newly designed New York personal injury website features new, informative accident articles, easy page navigation, and a free online consultation. This website will be a valuable resource of information for residents and tourists, who were injured in New York, hope New York personal injury attorneys at Block O'Toole & Murphy. To access the newly redesigned New York injury website, please visit www.blockotoole.com

When visiting the personal injury website, New York accident victims looking for answers to their legal questions have several options. Visitors can select the Practice Areas tab and choose an area of New York personal injury law that best pertains to their situation to learn more about their eligibility for legal recourse; for example, New York residents who were injured due to a recalled drug can select the Defective Products tab to learn more about the liability of manufacturers, and the types of product defects which could allow injured consumers the opportunity to participate in a product liability lawsuit. To come face-to-face with the New York personal injury attorneys at the firm, site users can also access the legal video center and to view media coverage garnered as a result of the firm's success in handling accident cases. Lastly, to have their claim reviewed, at no cost and to find out if they have legal recourse visitors can take advantage of the site's free case evaluation.

The New York personal injury attorneys at the firm hope that their newly redesigned website, which can also be translated into other languages for non-English speaking users, will better assist accident victims in New York.

£1m personal injury compensation for teens

14/05/2011 15:50:49

Those interested in medical claim processing have been told that two teenagers have been given payouts in personal injury compensation after they claimed that they are disabled after having heart treatments during their infancy.

With the help of injury solicitors, Jessica Johnson has received £500,000 from the University Hospitals Bristol NHS Foundation Trust the 18 year old is brain damaged and was operated on at Bristol Royal Infirmary in 1993 and again in 1995.

The trust, although, did not admit liability for either case, it also paid Kristian Dixon £500,000 after he had heart surgery at the hospital in 1992.

"Kristian, to say the least, had an extremely difficult start to life, but the compensation he is now about to receive will go some way toward securing his future," the South Wales Argus reported Mr Justice Owen, who approved the award, saying.

Council for the trust, Sarah Paneth, said that the payments were intended to help both teenagers have fulfilling futures.

In addition, £2 million in personal injury compensation was paid last year to Neal Allen, of Cambridgeshire, after he suffered brain damage when a hospital did not diagnose an abscess.

For Personal Injury Reintroducing Pre Action Protocol

12/05/2011 18:20:19

There is a pre action protocol for personal injury that makes the task easier for those who still feel hesitant in claiming personal injury compensation. Knowing how tedious and long a personal injury claim can be the Ministry of Justice developed a protocol to build on and improve the benefits of early yet well informed settlement. Not only does the Claimant benefit but also the Defense party.

Many have been able to get their injury compensation earlier than usual since its implementation. The protocol is mainly developed for the purpose of covering all claims which include personal injury claim not just those Clinical Disputes and Disease and Illness Protocols. It covers the entirety of the claims not only the personal injury element but as well as for example, property damage.

With the way it hastens exchange of information and good pre-action investigation by the two parties the system of the protocol makes communication between the disputing parties faster.

The protocol allows both parties to be in a position where they can settle cases fairly and early without the need for litigation. The protocol still works to make it better when it comes to the point when litigation becomes necessary. With the said protocol for personal injury claim, proceedings will run to the court’s timetable and efficiently.

Many victims have complained about not having to get their compensation at the time they need it. This pre action protocol for personal injury has helped in overcoming this issue. Furthermore, the protocol also makes it more plausible for claimants to easily get their medical or rehabilitation treatment.

GSRTC to pay Rs 100cr pending accident claims

06/05/2011 06:30:25

The Gujarat High Court today directed the Gujarat State Road Transport Corporation (GSRTC) to pay by July 15 over Rs 100 crore in motor accident compensation claims approved by its tribunal.

A Division Bench of Chief Justice S J Mukhopadhaya and Justice J B Pardiwala issued the direction on a PIL filed by one Nita Chaudhary, whose husband died after being hit by a GSRTC bus in 2001.

Chaudhary, in the PIL alleged that GSRTC had refused to pay compensation for her husband's death, citing lack of sufficient funds.She further stated that over 3,000 accident claims, amounting to Rs 102 crore, which were approved by the GSRTC Tribunal, have not been settled by the corporation.

The HC asked the GSRTC to settle all the outstanding cases by July 15 after the State Government informed the court that it had on May 3 released a sum of Rs 125 crore to the corporation.The amount was released after GSRTC told the court on April 7 that it did not have enough funds to settle all the claims.The court also asked GSRTC to submit by July 25 a report on claim settlements.

Reform of 'Dysfunctional' personal injury market urged by leading personal injury solicitor

06/05/2011 06:23:40

John Spencer, leading personal injury solicitor, has called for fundamental reforms to the personal injury market designed to enforce transparency, ensure consumer protection and improve access to justice.

Spencer's comments follow the release of the House of Commons Transport Committee report on 11 March, scrutinising the reasons behind the rapidly escalating cost of motor insurance.

Regarding referral fees - the controversial charges paid by solicitors to insurers and others for obtaining personal injury cases, the report urges greater transparency. However Spencer believes that a much more comprehensive approach is needed to tackle a system which has resulted in a ‘merry-go-round’ of warped incentives and profiteering.

"The time for a fundamental rethink has come. We must all admit that we now have a totally dysfunctional system. It has created a number of perverse commercial incentives and practices which infringe the rights of accident victims, and make many of us in the industry increasingly uncomfortable," said Spencer, who is a Director of CS2 Lawyers.

"We have all played our part in allowing this system to continue. Now we all need to work together to ensure fundamental reform."

Commenting on the Transport Committee's report, Spencer said:

"The Committee's focus on transparency is laudable. It is the consumers’ right to know where their money is going. But solicitors and related parties are already bound by a code of conduct requiring transparency, which the Solicitors Regulation Authority has reported is breached by many firms. More rigorous policing and penalty structures must be created for transgressions and the FSA should oversee the activity and disclosure of referrals and associated commercial relationships by insurers."

"In the end, a genuine industry-wide commitment to challenging deeply entrenched commercial interests and eliminating elements which add no value to claimants is the only real solution to guarantee access to justice and the protection of clients."

A qualified solicitor since 1985, John Spencer is a leading authority in the personal injury marketplace and a steadfast advocate for protection of claimants.

Compensation rethink called by abused ex-soldiers

06/05/2011 06:19:20

Former Defence Force personnel who claim they were psychologically and sexually abused are calling on the Government to offer compensation.

The abuse claims come as a law firm specialising in military compensation says it has seen a three-fold increase in people coming forward to say they have been abused while in the Defence Force since the revelations of the webcam sex scandal.

He was abused in the late 1960s and it caused lasting psychological damage, one former soldier told ABC’s.

the 60-year-old, who wishes to remain anonymous, said that they were mercilessly beaten, put in big laundry bags and belted with socks with bars of soap in them.

"On one occasion I was blindfolded, was threatened with having a broom handle shoved up my backside, and I have no idea who did [it]... you were just scared."

For many who served in the Defence Force it is a torturous decision to speak out about abuse, but equally torturous to keep it in.

"Most of it is accepted because I think it was a president of one of the branches of the RSL or something who said you need bastardisation because it makes men tough for battle," said the man.

"But I can tell [you] what - shoving a broom handle up a man's backside doesn't make a man out of them. It makes them a jibbering wreck."

He was 16 at the time and more than 40 years later the abuse still haunts him.

But people who served prior to 1989 are not covered by the existing military compensation scheme, military compensation lawyer Brian Briggs says.

He told AM there needs to be an ex-gratia payment system like the one offered to the F-111 deseal and reseal crews.

"What I'd like them to do is set up an ex-gratia scheme whereby they will look a little bit more kindly, a little bit more sympathetically at some of these claims, to have liability accepted so people can get treatment, so they can get counselling and in addition so they can be compensated for the pain and suffering they've experienced," he said.

Father of friend sued for £6m in personal injury compensation

06/05/2011 06:14:04

A father is facing a £6million personal injury claim by a girl who broke her neck swimming in his pool while he was away.

Kylie Grimes was 18 when she said she was invited to a party by David Hawkins’ daughter, Katie.

In the early hours of August 5 2006, she dived in and struck her skull on the bottom and was left tetraplegic.

Philip Mott QC, Kylie’s counsel, told the High Court Mr Hawkins had a legal duty to erect signs forbidding diving at night and when Katie’s parents were away.

But Kylie dived in at the shallow end of the pool in Farnham, Surrey, which was less than 3ft deep, and he cannot be blamed for her error, claims Mr. Hawkins.

Earlier, James Burton, one of Mr Hawkins’ legal team, said: “This is not good for anyone. If Miss Grimes wins, the homeowner will be made bankrupt. But if she loses then she gets nothing.”

The hearing continues.

Woman secures personal injury compensation after being hit by ambulance

06/05/2011 06:08:12

Personal injury compensation has been secured by a woman who was hit in her car by an ambulance, from the trust responsible for the vehicle.

The Gazette Live reports that Caron Lake, 49, had been picking her daughter up from work at a museum in Redcar when the accident occurred.

An ambulance being driven by Colin Hayden at 50 miles per hour on a blue light ploughed into her Nissan Micra, as she turned right into her junction.

Her daughter Erin witnessed the smash, which left Mrs Lake "inches from death" and caused her injuries including back problems.

Alleging that Mr Hayden had made a number of wrong assumptions prior to the crash, The family took legal action against the North East Ambulance Service (NEAS) Trust.

A hearing concluded that he had positioned himself in Mrs Lake's blind spot as she turned just beyond a right-hand bend and had ignored her signal to the right, assuming she meant to signal left because the museum was closed. This only gave her a couple of seconds to react to the danger.

Admitting 100 per cent liability for the crash the NEAS Trust agreed to pay Mrs Lake GBP 18,500 in personal injury compensation and costs.

Lawsuit claims injury in raid

05/05/2011 06:13:35

Over lost wages and medical bills, a bystander injured during a 2009 drug raid carried out by the Sioux Falls Police Department is suing the city in federal court.

On Oct. 29, 2009, Adonias Tuchez, 39, was inside a house at 4413 Ronning Drive when S.W.A.T. team members burst in to serve a search warrant.

The lawsuit claims that one of the officers threw a "flashbang" incendiary device near Tuchez, and the ensuing explosion tore a hole in his foot.<

After EDL protest in city 8 police officers lodge injury claims

05/05/2011 06:06:53

After being injured in an English Defence League protest eight officers drafted in from a neighboring force are claiming compensation from Staffordshire Police.

After being among 66 officers brought in from West Mercia Police to help control the Hanley march they have lodged the insurance claims.

It is believed two of the officers were knocked unconscious after the eight colleagues were attacked near McDonald's in Parliament Row.

Hundreds of Staffordshire officers who policed the same protest have made no insurance claims.

Staffordshire Police Federation chairman Andy Adams, who policed the protest, said: "The officers' police van was surrounded and attacked.

"The officers were injured.

"They obviously feel very strongly about what happened. It is unfortunate but this is very unusual."

"Lots of other officers got assaulted and pushed around and the crowd was stealing officers' helmets and hats. There were lots of minor assaults that officers wouldn't even contemplate claiming for, but what happened to the West Mercia officers could have been fatal," he added.

40 officers, in total, were injured in the protest staged in January, 2010.

West Mercia Police Federation chairman Andy White said: "As a result of the way in which officers were deployed, a number of our officers were injured.

"There is a claim on the table."

It will cost Staffordshire Police a maximum total of £100,000 if the claims, which are being brought in one action, are successful.

Anything above that will be paid for by the force's employer's liability insurance.

Time to change workers compensation policy

04/05/2011 18:55:39

Connecticut had approximately 80,000 workers compensation claims, ranging from five to 21 years old, which remain unresolved, In January 2007, according to the Connecticut Workers Compensation Commission.

Commissioners' political attachments; not following the intent of the Workers Compensation Act; having no effective guidelines; denying and/or delaying injured workers' proper medical treatment including medication; monetary benefits; and failing to settle claims are all causes for the delay.

2,300 attorneys on both sides of the aisle earn money off the backs of injured workers, as do some 800 to 900 insurance companies, approximately, including claims adjusting companies who earn dividends and profits at the expense of the injured employees in the state.

By losing quality of life, proper nourishment, medical insurance, homes, jobs and families and have seen marriages land in divorce court, many injured workers have suffered the impact of such ruthless practices.

In the opinion of experts, this state must do what other states are doing to curtail unnecessary spending: abolish the Workers Compensation Act.

£13,000 in Personal Injury Compensation won by former police officer

04/05/2011 18:45:09

Almost £13,000 in personal injury compensation has been awarded to a former West Midlands police officer, who suffered serious personal injury while arresting a man in Birmingham.

Fifty year old Richard Gardner, suffered serious knee and back injuries, after crashing onto the pavement during a violent struggle with a suspect, which took place in front of a hostile crowd in the Broad Street area of the city, the Birmingham Mail reports.

The apprehended man was later convicted but Mr. Gardner required several operations after the episode, which kept him away from his job for months.

The victim claimed that he received no back-up from his colleagues during the incident and on his eventual return to work alleged that his employers made no allowances for his injuries.

He was awarded almost £13,000 in compensation at a Birmingham Employment Tribunal after he made a claim for disability discrimination against the West Midlands Police Force.

At the hearing judge Mr David Kearsley, confirmed that Mr Gardner had been left with a permanent disability but said that if the police had made the necessary readjustments, for another ten years Mr. Gardner could have continued working for the force on a part time basis.

A spokesperson for the West Midlands Police said that the force intended to appeal against the tribunal’s decision.

Pensioner secures personal injury compensation

04/05/2011 18:31:58

After being exposed to asbestos during his time as a joiner, a pensioner has secured personal injury compensation.

Mohammed Najib, 71, was an employee of construction firm John Laing Plc from 1974 to 1980, London 24 reports.

He breathed in the deadly material during his employment with the company, which caused him to develop the fatal lung disease mesothelioma.

In late 2009 Mr Najib was diagnosed with the condition and is now in considerable pain, relying on palliative care for the remainder of his life.

Mrs Justice Nicola Davies, at a High Court hearing, awarded the pensioner GBP 80,000 for his pain and suffering, as well as other sums for specialist equipment and alternative treatments, resulting in a payout of more than GBP 175,000.

"The remaining months of the claimant's life will be painful, difficult and distressing ... the level of damages for mesothelioma reflects the exceedingly painful nature of the disease," she added.

John Laing Plc declined to comment on the case.

Mineral holders can claim compensation

29/04/2011 06:35:54

When the Mineral and Petroleum Resources Development Act (MPRDA) came into effect in 2004, mineral rights holders, who forfeited their rights, are entitled to claim for financial loss suffered as a result of the expropriation, Agri SA said following a ruling by the High Court in Pretoria on Thursday.

The judgment handed down by Judge Ben du Plessis serves as a direction-giving ruling in terms of protecting property rights, the farming body's president Johannes Möller said in a statement.

“Agri SA's intention with this test case was to prove the expropriation of mineral rights... would oblige the State to pay compensation. This ruling confirms the fundamental principle in Section 25 of the Constitution, namely that property cannot be expropriated without compensation.”

“For the reasons stated the objects of the MPRDA could not be achieved without depriving mineral rights holders of their property and without vesting in the State similar rights. While not expressly stated, expropriation was one of the purposes of the MPRDA,” found Du Plessis.

By April 30, ahead of the ruling, Agri SA had asked those who suffered financial loss to lodge claims. Agri SA had compiled a guideline for instituting claims for compensation, which was forwarded to all provincial agricultural unions affiliated with the organisation.

Personal injury compensation still eludes workers of Hema Chemicals

29/04/2011 06:01:41

In the next two weeks, the National Institute of Occupational Health (NIOH) will submit a report on the environmental impact of chromium 6 dumped by Hema Chemicals across three residential areas in Gorwa locality of Vadodara. But several workers from the company, examined by NIOH, have not received any compensation, it has been learnt.

“Allopathic treatment is too expensive to cure ulcers caused by exposure to chromium 6 while working for 20 years as an electrician at Hema Chemical’s Unit 1. Since our compensation claims are still pending with Employee State Insurance Corporation (ESIC), I could not afford allopathic treatment, and instead went for homeopathic treatment,” said Kanti Christian, one of the workers.

Now, Christian frequents Dr Piyush’s Homeopathic store in Raopura.

“I avoid spices and masala in my food and I do not attend weddings for the same reasons,” said Christian, who now helps other affected workers from Hema Chemicals with their cases at ESIC and the Labour Court.

Between 1998 to 2001, the NIOH study conducted, shows that 52 of the 240 workers at Hema Chemicals contracted ulcers on the feet, nose and stomach following exposure to chromium 6. But after adequate compensation was denied, some of the workers contested the meagre compensation at the Labour Court citing job of loss due to mutilation of their toes.

Ram Kishen Yadav, (54), said: “I was promoted later, but then my feet had ulcers and one of my toes had to be amputed. Now, I undergo medical checkup under a private doctor. I did not accept the 10 per cent compensation by ESIC and filed a case in the Labour Court of Vadodara.”

The personal injury compensation is yet to be secured by the workers.

Personal injury compensation claim settled by SLC school district

29/04/2011 05:44:13

A personal injury lawsuit involving a parent who claimed a teacher burned her son’s hand was settled by the Salt Lake School District.

In an out-of-court settlement earlier this week, the district paid Maria Gutierrez $53,491.

In April 2010 Gutierrez, the mother of the child, filed the lawsuit stating her son, who has cerebral palsy and cannot walk or speak, suffered “burn injuries to a significant portion of his left hand,” on April of 2010 during a class lesson.

In the complaint Gutierrez said a special education teacher at Meadowlark Elementary School put her son’s hand in a bowl of “extremely hot, scalding water” while teaching students the difference between hot and cold.

Gazans' claims for compensation over war damages rejected by court

29/04/2011 05:32:47

In a turn of events, the High Court of Justice has rejected a petition by the Palestinian Center for Human Rights, which represents more than 1,000 residents of the Gaza Strip who demanded compensation for damages exacted by Israel during Operation Cast Lead.

Judges wrote that the High Court is not the place to debate the matter, in their decision.

The debate will continue about the matter.

Amputee seeks personal injury compensation

29/04/2011 05:27:07

After being hit by a motorist a young woman who lost a leg is seeking personal injury compensation for her ordeal.

In February 2008Emma Woolnough, 27, was walking near a church in Gorleston when the accident occurred, the Norfolk Eastern Daily Press reports.

Allan Skoyles, an elderly, man mistakenly pressed the accelerator instead of the brake pedal and caused his Ford Focus to mount the pavement, hitting three pedestrians including Ms Woolnough.

Despite surgeons battling to save it through surgery the injuries to her left leg were so severe that she had to have it amputated.

The 86-year-old driver was banned from getting behind the wheel for three years and it was discovered that he was deaf and had had surgery on his heart eight times.

Now, Ms Woolnough is taking legal action against his insurer, not only for the pain and suffering she was caused, but because she now needs medical attention to her right leg and will need special aids for the rest of her life.

Royal and Sun Alliance has admitted liability and it is hoped that the victim will be able to claim personal injury compensation as a result, a High Court writ states.

In a similar case in 2009, Jennifer Velez-Corby took legal action against Violet Thompson, 81, after the elderly woman also mounted the footpath and ploughed into her and her family.

Pre action protocol to make personal injury compensation quicker

28/04/2011 16:55:20

The one year implementation of the new RTA pre action protocol for personal injury is marked at this April. The said protocol begun its application on personal injury claims arising or occurring on or succeeding April 30 of last year where a claim for general damages is more than £1,000.00 but not more than £10,000.00 and liability is admitted.

The value of any special damages claim is not included in this pre action protocol. Thus the value is only limited to the personal injury element. Consequently, this makes a small PI claim have a substantial credit hire claim attached and still included within the Protocol to begin with.

A streamlined three stage process is involved in this protocol. It has been a year since all information is exchanged electronically on new prescribed forms. The first two stages are pre-litigation. The first stage involved submission Claim for Notification of the Claimant to Insurer. The Insurer is given 15 days to decide on liability. The claim moves to the second stage if liability is admitted. In a case where in the Insurer does not respond or admit, the personal injury claim exits the Protocol. Stage two involves obtaining medical evidence, provides settlement pack with all the medical evidence, special damages evidence, prescribed disbursements and offer of settlement as given by the Claimant’s lawyer. The insurer will then get another 12 days to accept or counter the offer. The Insurer must also have all the evidence at this time. The lawyer of the Claimant will be given 20 days to consider after this. The time limit can be extended through agreement when settlement is not reached. The protocol moves to Stage Three.

The court enters the picture at the third stage. Set costs are payable at the end of every stage. The main purpose of this pre action protocol is to make personal injury compensation quicker and at the same time cut down costs.

Holocaust compensation for Moroccan Jews

28/04/2011 16:45:44

Since the end of the Second World War nearly 70 years ago, for the first time thousands of Moroccan Jews will be recognized as Holocaust survivors and receive compensation from the German government.

They will each receive NIS 13,000 ($3,800) in compensation, according to the agreement drafted over the last few days between the Claims Conference and the German government.

Romanian and Bulgarian Jews who were held during the war will be included to receive the same compensation received by concentration camp survivors.

7,000 new compensation requests will be submitted, half from Bulgarian and Romanian Jews and a third from Jews from North African countries, mainly Morocco, estimated the Claims Conference .

Those eligible for the compensation are Jews whose freedom of movement was restricted in some way by the Nazis and their allies. Freedom of movement includes entrance to parks, movie theaters, and use of public transportation among others.

260,000 Jews were living in Morocco at the time World War II broke out. While Jews from Tunisia, Algeria and Libya were recognized over the passing years as Holocaust survivors and received compensation, Moroccan Jews were never recognized as survivors. So far, only a small number of Moroccan Jews who made aliyah to Israel before 1953 have succeeded in achieving recognition as Holocaust survivors and receiving compensation accordingly.

Holocaust compensation for Moroccan Jews

28/04/2011 16:45:41

Since the end of the Second World War nearly 70 years ago, for the first time thousands of Moroccan Jews will be recognized as Holocaust survivors and receive compensation from the German government.

They will each receive NIS 13,000 ($3,800) in compensation, according to the agreement drafted over the last few days between the Claims Conference and the German government.

Romanian and Bulgarian Jews who were held during the war will be included to receive the same compensation received by concentration camp survivors.

7,000 new compensation requests will be submitted, half from Bulgarian and Romanian Jews and a third from Jews from North African countries, mainly Morocco, estimated the Claims Conference .

Those eligible for the compensation are Jews whose freedom of movement was restricted in some way by the Nazis and their allies. Freedom of movement includes entrance to parks, movie theaters, and use of public transportation among others.

260,000 Jews were living in Morocco at the time World War II broke out. While Jews from Tunisia, Algeria and Libya were recognized over the passing years as Holocaust survivors and received compensation, Moroccan Jews were never recognized as survivors. So far, only a small number of Moroccan Jews who made aliyah to Israel before 1953 have succeeded in achieving recognition as Holocaust survivors and receiving compensation accordingly.

After pothole accident cyclist secures personal injury compensation

27/04/2011 19:40:18

After getting hurt in an accident involving a pothole, a cyclist has been awarded compensation.

According to the Yorkshire Post Peter Lodge, 52, had been riding his bike in Littleborough and was about to reach Hebden Bridge when the accident occurred.

The front of his bike went down a pothole surrounding a water valve cover and he was catapulted over the handlebars, sustaining cuts and abrasions.

As the company had failed to repair the area surrounding its valve, Mr Lodge took legal action against Yorkshire Water.

"I hate to think what might have happened if I had been thrown off my bike just an hour earlier during the rush-hour. That's why it's so important that people report potholes in the road as soon as they see them," the victim commented.

Yorkshire Water apologized for his accident and has now paid personal injury compensation to Mr. Lodge The pothole has also been fixed, a spokesperson said.

To protect privacy serial killers' compensation claims kept secret

27/04/2011 19:24:04

To protect their privacy, the names of murderers and serial killers who are suing for compensation are being kept secret.

The Ministry of Justice says it would be unfair to reveal the criminals' identities and claimed doing so could violate their human rights and break data protection laws.

They would not answer any questions about killers including Moors murderer Ian Brady and Suffolk strangler Steve Wright after they were sent a Freedom of Information request by the Daily Mirror, officials said.

£334, 319 was paid out last year to prisoners in compensation - including payouts of tens of thousands of pounds to those who were too hot or too cold.

The Ministry of Justice would not say how many claims were made by 35 notorious prisoners currently serving life sentences, also including multiple murderer Donald Neilson.

MoJ's Operational Litigation Unit’s Toby Head , said it would be inappropriate to give out the level of detail because it was personal.

The MoJ said: 'Like all citizens it is open to prisoners, staff and third parties to pursue civil litigation claims for any perceived wrongdoing.

'Each litigation case is dealt with on its merits and, so far as the evidence allows, all claims are robustly defended.'

To prisoners significant previous compensation payouts include the £1.4million awarded to Ellis Sherwood because prison officers failed to stop him becoming a drug addict after he was wrongly jailed for murder.

Another is suing the prison service after he fell out of his bunk and cut his head.

Ian Brady, now 73, and Myra Hindley murdered five children around between 1963 and 1965.

Increase in personal injury at work anticipated by lawyers

23/04/2011 19:35:23

A recent announcement made by Work and Pensions Minister has alarmed lawyers, Chris Grayling MP, stating they will trim 11,000 workplace health and safety inspections. This means an expected increase in personal injury at work for lawyers.

According to personal injury solicitors, this cutting down of health and safety plans put many workers at risk. According to DBS, a law firm based in Birmingham, they alone process thousands of injury compensations every year. DBS law runs a specialist national personal injury claims business. The law firm has gone through a significant increase in cases that are related to workplace accidents than car accidents. The fact that employers are becoming loose in ensuring health and safety of their workers has been named as factor for this increase.

Now that the government cut down the number of health and safety inspections at the workplace, there is already trouble in the current situation and it is expected to become worse. This just makes companies be more complacent in protecting their workers. Personal injury lawyers believed that the increase of personal injury claims that reaches their table is the fact that employers are way too relax in health and safety department. It would not be surprising to see a rise in the number of people getting hurt or even killed at work with this move of the government.

Accident claims and injury compensations filed against companies caused them to pay for fines and compensations but these are not enough to impel them to ensure protection for workers.

While personal injury claim solicitors can benefit from the increase of cases they have to work on, they rather have people safe at work and cared for. If workers safety is not taken seriously by employers accidents, injuries and even death can be caused.

Compensation claim over death launched by widower

23/04/2011 19:26:12

After a long-serving cashier’s death was blamed on suspected asbestos exposure, insurers of the collapsed retailer Woolworths could face compensation claims running into millions of pounds.

During a major refurbishment of Woolworths’ Durham Market Place store, in the early Sixties, lawyers say dozens of people may have been exposed to the cancer-causing fibres.

Last June, Betty Westhead, who worked there for 35 years, died of mesothelioma, a cancer often caused by asbestos exposure.

Ivor, her widower, has now launched a compensation claim, saying he wants justice for his wife and to help others who may have been affected.

Mr Westhead’s lawyer, Stephen Treanor said more than 100 people worked at the store during the revamp and that the claims could be worth up to £100,000 each.

If similar works were carried out, staff from other Woolworths stores could also have a claim.

Mrs Westhead, who lived with her husband in Houghton-le-Spring, Wearside, worked at Durham’s Woolworths from 1947 to 1982, on the tills then as a supervisor.

During a major refit, started in 1961, the store remained open. Asbestos is said to have been present in ceilings.

In autumn 2009, Mrs Westhead began to develop breathing problems.

She twice had fluid removed from her lungs but died in the University Hospital of North Durham, in Durham City, on June 23 last year, aged 78.

Her husband, also 78, said: “I can’t believe it yet. I always thought I’d be the first to go.”

Saying that it could be absolutely crucial to the case, Mr Treanor appealed to anyone with information to contact him.

He said: “Because it was in the early Sixties, we are having difficulties tracing witnesses.

We are trying to get people to come forward. The case either stands or falls on this.”

Woolworths had 807 stores, at its peak. However, the firm went into administration in January 2009 and all stores closed, resulting in 27,000 job losses. Durham’s Market Place store was taken over by Tesco.

A spokesman for administrators Deloitte said it had no record of Mrs Westhead’s case.

Teacher awarded £200k in personal injury compensation

23/04/2011 19:14:51

Last year, an instance of slipping and tripping in a school canteen resulted in a teacher being awarded a personal injury compensation settlement of £200,000, new figures have shown.

The largest organisation in the UK - professionals in this sector received millions of pounds in damages throughout 2010 due to issues such as injuries and unfair dismissal, According to statistics published by several teaching unions - such as NASUWT.

The largest individual award of £200,000 was given to the male teacher who worsened an existing hernia after slipping on a grape, which left him unable to work.

General Secretary of NASUWT, Chris Keates, stated that such levels of compensation represent no cause for celebration within the teaching industry.

He added that this figure illustrates is the cost to the public purse of employers' poor or discriminatory employment practices and failure to pay due regard to health and safety in the workplace.

Experienced head of HR hired by Emmetts Solicitors

21/04/2011 05:07:30

A new head of HR, responsible for recruiting more than 100 legal and administrative personnel over the next 12 months has been appointed by Lancashire-based Emmetts Solicitors .

Both the recruitment drive and the recent acquisition of personal injury claims specialists ATM Solicitors will be managed by Charles Crookhall .

Director of Emmetts Solicitors, Richard Emmett, says: “Charles is an excellent example of the kind of exceptional people we are seeking to appoint here at Emmetts.

“His HR pedigree will ensure we recruit the right calibre of people, and build just the right mix of personalities. This way we’ll continue to deliver outstanding legal services and a vibrant working environment.”

From Halliwells, Crookhall joins Emmetts, where he served as Acting HR Director. He has also managed HR departments for the Highways Agency, KPMG Consulting and Prudential Insurance.

“Emmetts is a great place to work. There are some really talented people here. It’s young. It’s vibrant. It’s entrepreneurial. And that’s why we’re urging anyone seeking out their next employment challenge in the legal sector to get in touch, and build their career with Emmetts,” said Crookhall.

Charity’s support group gets a solicitor appointed

21/04/2011 05:02:20

To the legal panel of a charity’s support group a solicitor at personal injury specialists Goodmans Law has been appointed.

Christian Beadell is one of only two solicitors in the UK to be appointed by the Group B Strep Support Group (GBSS).

The most common cause of life-threatening infection in new-born babies is Group B Streptococcus (GBS). In some cases, children will grow up to need a lifetime of care.

To families affected by GBS the charity raises awareness and offers support. The appointment follows Mr Beadell’s successful work in previous group B Strep cases.

Chief executive at Group B Strep Support, Jane Plumb, said: “Some families want to know whether they can claim for what’s happened to their child, and they need this information at a time when they are very vulnerable. We want to help them ensure they are advised by solicitors with real experience of the issues surrounding group B Strep infection.”

Over €2m in compensation claims paid out to Leitrim homeowners last winter

21/04/2011 04:57:43

Leitrim home owners and businesses related to last December’s arctic weather conditions were paid out €2.167 million in compensation claims by insurance companies.

According to the Irish Insurance Federation Irish insurers dealt with almost 30,000 claims relating to damage to homes and businesses due to burst pipes.

Leitrim had the seventh highest payout per population in the country. Almost €75,000 was paid out to every 1,000 population in the county due to burst pipes from the severe weather.

In December the adverse weather conditions experienced across the country represented the third severe weather event to affect the country during a fourteen-month period, the IIF explained.

Mike Kemp IIF chief executive said the quick response from insurers helped many homeowners and businesses in getting back on their feet as fast as possible.

Church to be sued for £30,000 compensation

20/04/2011 17:17:31

After slipping on a homemade door mat a parishioner, who was preparing flowers for a Sunday service, is to sue her church for £30,000 in accident compensation.

Margaret Graham,79, was preparing a floral display at the St Adamnan’s Episcopal Church but as she returned from putting cuttings onto a compost heap, she tripped over a doormat at the buildings front door.

In the fall Mrs. Graham dislocated her shoulder and damaged tendons and had to be taken to hospital, where she was given strong pain killers while her shoulder joint was put back in place.

The pensioner claims that she has been left disabled and depressed by the incident, despite an operation and several months of therapy, and intends to sue the church and the church’s landowner for personal injury compensation.

The claim centres on the fact that the D.I.Y mat which was simply a cut off from a larger piece of carpet, did not fit the step at the church’s front door and was an ‘accident waiting to happen’.

Stating that Mrs. Graham contributed significantly to her injuries through her own ‘fault and negligence, both the church and the landowner intend to fight the claim.