Wednesday , February 28 2024

Car Crash Passenger Compensation Awarded to ex-Singer

A promising young singer, whose career was terminated due to a horrific car crash, is to receive 3 million pounds in car crash passenger compensation after a settlement was agreed between his solicitors and insurers for the driver of the car in which he was travelling.

Owen Griffin (26) from Waterford was the back seat passenger in a car travelling from Glasgow to Stranraer, when the driver was in a head-on collision with a motorcyclist. Both the motorcyclist and the driver´s five-year-old son were killed in the accident, while Owen suffered severe physical injuries and brain damage which left him in a coma for weeks.

Owen still has no recollection of the accident and, in 2007, had to move into an assisted living scheme to receive the round-the-clock care and attention he needs. He was forced to abandon his career with the boy band Idolize as he can no longer sing due to the effects on his voice of a tracheotomy performed after the accident.

Owen brought a car crash passenger compensation claim against the driver of the car but, because he was the injured passenger in an accident where the driver was from Northern Ireland, the case was due to be heard at the High Court in Belfast. However, shortly before the trial was due to commence, Mr Justice McLaughlin was told that the two sides had agreed a settlement figure and the case was to be struck.

Compensation for Swimming Pool Injury Awarded to Quadriplegic

A man, who sustained catastrophic spinal cord injuries after mistakenly diving into three and a half feet of water at a friend´s swimming pool, has been awarded over 4 million dollars in compensation for swimming pool injury by a jury in Cook County, Illinois.

Don Duffy, an Irish immigrant, had never swum in an American pool before, and assumed that he was diving into the “deep” end. Unfortunately the pool at his friend´s home was shallow at both ends and deep in the middle, and Don – who was aged 22 at the time of his accident in July 2001 – suffered a spinal cord injury on impact with the floor of the pool which rendered him an incomplete quadriplegic.

After seeking legal advice, Don made a swimming injury compensation claim against the pool liner maker Latham Plastic and pool installer Black Oak Pool and Supply. During the trial, the defendants alleged that Don had been drinking prior to the accident and should have assumed the risk of injury when diving into a pool without knowing how deep it was.

After considering the legal arguments, the jury ruled in favour of the pool liner company but against Black Oak Pool and Supply. They decided that Don should be 50 per cent accountable for his injuries and therefore reduced a compensation for swimming pool injury settlement of over 8 million dollars to 4,051,200 dollars – the highest ever pool-related compensation settlement in Illinois.

Foot Burn at Work Injury Claims sees employer found liable

A welder called Ignacio Llamas was recently awarded €6.4 million as compensation for a foot burn at work injury claim when he suffered severe burning when a molten piece of metal broke loose and slid down his foot.

The metal burned through a protective Tyvek suit, slid down Llamas jeans and into his rubber boot, and burned the top of his foot. Llamas was working in a confined area and it took some time to remove his boot and take the molten metal off his foot.

Llamas was not wearing leather boots, which are normally worn by welders. Welders’ trousers usually fit over the upper part of the boots to prevent anything falling into them. Llamas was wearing rubber boots that fit over the jean with a gap for falling debris. This meant that his employers were negligent.

The incident happened in February 2007 and the legal relationships were complicated by various subcontracting agreements. The jury assessed liability between different parties – the  contractor Altair Strickland at 19 percent; Certified Safety Specialists at 50 percent; Llamas’ actual employer, Turnaround Welding Services at 30 percent; and finally Llamas at 1 percent,.  The jury effectively found that Llamas was not responsible for his  injury.

The employer Turnaround Welding was insured by a Worker’s Compensation program and Altair Strickland settled before trial for substantially less.

The injury was compounded when a Certified Safety Specialist employee instructed Llamas to attend a doctor who did not correctly treat the wound after an emergency doctor said he suffered third-degree burns. The resulting infection worsened the injury.

Widow and Children Awarded Compensation for Nervous Shock

A widow and her two daughters have been awarded 250,000 Euros in compensation for nervous shock following the death of her husband in a tragic motorbike accident in Ireland.

James Walsh from Clonmel, County Tipperary, lost control of his motorbike after taking evasive action to avoid a motorist emerging from a side road. James crashed and died from his injuries at the scene.

At the High Court, Mr Justice Nicholas Kearns heard that Catherine Walsh – wife of the deceased motorcyclist – arrived at the scene of her husband´s accident with her two daughters shortly after it occurred.

Both Catherine and the two girls – who were aged fourteen and eight at the time – witnessed the events following the accident and suffered severe emotional trauma due to the distressing circumstances.

Mr Justice Nicholas Kearns heard that an offer of compensation for nervous shock had be made to James´ dependants of 250,000 Euros and, due to the ages of the girls, the case was before him for approval.

Widow to Receive Compensation for Operation Errors

The widow of a man who died following kidney surgery at Bon Secours Hospital in Cork is to receive 250,000 Euros compensation for operation errors following an investigation into his death in November 2004.

Patrick Hayes, formally of Middleton, County Cork, was a man of general good health prior to his admission into hospital to have a kidney removed. However during the operation a slight ooze of liquid from the spleen was detected and surgical gauze was applied. Patrick was taken to the intensive care unit at the hospital following the operation, but suffered a substantial haemorrhage and died during attempts to resuscitate him.

A post-mortem into Patrick´s death established that there had been a blood clot surrounding his spleen and more than two litres of blood had collected in the peritoneal cavity.

Patrick´s wife, Nora, made a personal injury claim against the hospital, alleging that nursing staff were aware that Patrick was in a serious condition but failed to respond. The claim was denied by Bon Secours Hospital, but in an out-of-court settlement they agree to a payment of compensation for operation errors without admission of liability.

Lifting at Work Injury Claim Settled for Hospital Porter

A hospital porter, who claimed that he required surgery on his shoulder due to an injury sustained when he lifted a dead man from a hospital bed, has settled his lifting at work injury claim against the Adelaide and Meath Hospital in Tallaght.

Austin Dowling (59) from Tallaght, County Dublin, alleged in an injury compensation claim that he suffered pain and loss of movement in his right shoulder following the accident in January 2005.

The injury occurred, Austin claimed, as there was no proper equipment provided at the hospital for mortuary porters to slide a body onto a concealment trolley, and he had received no formal training on the use of the type of containment trolley that was being used.

Austin also claimed that there was no safe system for his type of work implemented at the hospital and that the trolley he had been provided with was unsafe.

The lifting at work injury claim was settled for an undisclosed sum without the need for the case to go to court and without an admission of liability from the hospital.

Compensation for Holiday Death Paid by Turkish Authorities

The family of a woman, who was tragically killed when a bus she was travelling on was blown up in the holiday resort of Kusadasi in Turkey, are to receive more than 1 million pounds in compensation for holiday death from the Turkish government.

Helyn Bennett (21) from Spennymoor, County Durham, was visiting the resort in July 2005 with members of her family when the shocking tragedy happened. Helyn and four other tourists died in the bomb blast in which Helyn´s fiancée and four other relatives were seriously injured.

According to personal injury law in the UK, compensation for victims for terror attacks is only paid when the injuries have been sustained within the United Kingdom and not overseas. However, after seeking legal advice, Helyn´s mother approached the Turkish authorities and now their government has agreed to pay compensation for holiday death and for the injuries sustained by other members of Helyn´s party.

Solicitors representing the families of the victims have estimated that the total compensation package will exceed 1.1 million pounds.

Girl to get Electric Shock Compensation after Holiday Accident

A teenage girl, who received a powerful electric shock from a poolside shower while she was on holiday in Kenya, is to receive 27,100 pounds in electric shock compensation from the travel firm through which the holiday was booked.

Alexandra Miles (15) from Maidstone in Kent was on holiday with family at the Kilifi Bay Resort in April 2005, when she put her hand on the switch to turn the shower on and received a 240 volt electric shock which left her temporarily paralysed.

Investigations into how Alexandra temporarily lost all feeling in her left arm and right leg revealed that power cables ran underneath the metal shower tray, and that Alexandra completed the circuit when she turned the switch while standing in the tray.

Alexandra´s mother sought personal injury compensation on behalf of her daughter from First Choice Holidays – the company through which the family had booked their holidays – and, in an out-of-court settlement, First Choice Holidays agreed to pay 27,100 pounds in electric shock compensation to Alexandra.

Widower to Receive Caesarean Error Compensation after Death of Wife

The family of a woman, who died during the birth of her son due to a sequence of medical errors, is to receive 410,000 pounds in Caesarean error compensation following a hearing at the High Court in London.

Joanne Lockham (45) of Wendover, Buckinghamshire, was preparing to give birth to her first child at Stoke Mandeville Hospital in October 2007 when the baby´s heart rate dropped and an emergency Caesarean operation was scheduled to enable the child´s swift delivery.

However, while Joanne was under general anaesthetic, her oxygen supply was not put into her windpipe and she suffered a cardiac arrest. Joanne was deprived of oxygen for half an hour and her heart stopped shortly after her baby was born. She died two days later, having never seen her son, Finn. Finn is now care for by her widower, Peter.

At London’s High Court, Mr Justice Burnett heard that serious failings by the hospital had been identified during the inquest into Joanne´s death. In addition to depriving Joanne of oxygen, medical staff had administered a second dose of drugs to paralyse her limbs when she started to stir and the repeated attempts to insert an oxygen tube when the error was noticed wasted valuable time which contributed towards her death.

Mr Justice Burnett also heard that Buckinghamshire Hospitals NHS Trust acknowledged their errors and liability for personal injury compensation, and a settlement of Caesarean error compensation for 410,000 pounds had been agreed. Mr Justice Burnett approved the settlement, stating that the claim had arisen in “especially tragic circumstances”.

Insurance Company Compensation Tactics Condemned by Law Society

The Law Society of Northern Ireland has produced a report on “Third Party Capture” which condemns insurance company compensation tactics and calls for greater protection for victims of personal injury.

The report, which focuses on approaches made to a potential claimant by insurances companies after one of their clients has been responsible for causing a personal injury, identifies specific issues which the public should be aware of:-

  • Discouraging potential claimants from seeking a medical opinion
  • Discouraging potential claimants from seeking professional legal advice
  • Providing incorrect personal injury information to injured parties in respect of their legal rights
  • Pressurising potential claimants to make decisions about accepting an offer of compensation before they know the full consequences of their injuries

One positive result from insurance company compensation tactics is that many more claims are being resolved quicker, as the insurance companies have acknowledged their clients´ negligence and are more open to negotiating a settlement.

Nonetheless, the report warns against victims settling a personal injury compensation claim without first getting a medical opinion, and recommends that claimants should also seek professional legal advice from a qualified personal injury solicitor.


Family Awarded Extreme Sports Injury Compensation after Daughter´s Death

A New Zealand water sports company has been ordered to pay the family of a British girl who drowned during one of the company´s river excursions 80,000 NZ dollars in extreme sports injury compensation after they were found to have breached health and safety regulations.

Emily Jordan (21) of Trimpley in Worcestershire died in a tragic accident while river boarding on the Kawarau River near Queenstown in April 2008. The board to which she was attached became trapped beneath a rock while Emily was riding through the rapids and she drowned before help could reach her.

Judges at Queenstown District Court set the extreme sports injury compensation after hearing that Emily and her boyfriend, Jonny Armour, had not been warned about the risks of being trapped under rocks and that no rope had been provided to assist water boarders who got into difficulty.

A sports injury compensation claim was made against the company organising the event – Black Sheep Adventures – after they admitted failing to ensure the safety of their customers. The company was also fined 66,000 NZ dollars and told to get their safety plan up to industry standards.

Compensation for Holiday Food Poisoning Paid to Honeymooner

A man, who contracted the potentially life-threatening dysentery illness after eating at an all-inclusive resort on his honeymoon in 2004, has received compensation for holiday food poisoning from the travel company through which he booked the trip.

Julian Hurley (50) from Doncaster, South Yorkshire, was staying on the Venezuelan island of Margarita when he ate food described as being of poor standard and contracted the illness. Due to a lack of medical facilities on the island, it was not until Julian returned home that he was treated for his condition.

Julian was immediately admitted to Doncaster Royal Infirmary where he was treated for five days with antibiotics and he still suffers from the effects of his illness five years after his honeymoon. In his claim for public liability compensation against First Choice Holidays Julian provided medical evidence to show that he has irritable bowel syndrome, post-traumatic stress and chronic fatigue syndrome which are all attributable to being ill while on holiday.

First Choice Holidays investigated the claim and, after negotiation with Julian´s legal representatives, settled out of court with compensation for holiday food poisoning of 286,500 pounds.

Court Settles Compensation for Accident with Uninsured Driver

A court in Scotland has had to determine the settlement of compensation for accident with uninsured driver, after the representatives of a man who sustained brain injuries in a tragic accident could not reach an agreement with the Motor Insurers´ Bureau.

Lord Woolman, at the Court of Session in Edinburgh, heard how Sean Milligan (44) spent 28 weeks in a brain injury rehabilitation unit after being involved in a van accident in May 2004. The driver of the stolen van which hit Sean´s Nissan Micra head-on had been banned from driving and was under the influence of alcohol when the accident happened.

Despite his extended rehabilitation, Sean still suffers from bouts of anger and depression, and finds it difficult to concentrate, balance and walk. As the driver responsible for Sean´s injuries – Mark Lynch – was uninsured, a claim for compensation for accident with uninsured driver was made against the Motor Insurers´ Bureau.

However, no agreement could be reached on how much compensation for accident with uninsured driver Sean should receive, and the case was before Lord Woolman for assessment of damages only. Announcing a decision to award 3.3 million pounds, Lord Woolman stated that the crash had devastating consequences for Sean which were “demonstrated by the fact that he requires round-the-clock care, seven days a week”.

Trip in Pub Compensation Awarded to Well Heeled Smoker

A woman, who fell in the smoking area of her local pub due to the heel of her stiletto shoe snagging on a damaged floor, has settled her trip in pub compensation claim with the bar´s insurers for 18,000 pounds.

Selena Gilder (40) from Tewkesbury, Gloucestershire, had just finished a cigarette in the smoking area of the town´s Albion Pub in April 2007, and was returning to her seat in the main area of the pub, when the heel of her shoe got caught in broken concrete. She tripped and then fell, smashing her knee, breaking her leg and sustaining severe scar injuries.

Selena had to undergo three operations to repair the damaged knee and missed eight months from work due to her injuries. During this time she suffered financial hardship as well as the pain from her broken leg.

After seeking advice from a personal injury solicitor, Selena made a tripped in pub compensation claim, stating that she fell due to the state of the floor which she may have been able to avoid had the lighting not been so poor.

The pub´s insurers agreed to settle the claim for 18,000 pounds once they had seen Selena´s medical records.

Fatal Bike Accident Compensation Awarded to Teacher´s Family

The family of a science teacher, who was killed in a collision with a car while cycling home from the school in which he worked, has been awarded 580,000 pounds in fatal bike accident compensation.

David Kerslake (44) from Bolton, Greater Manchester, was cycling along Compton Way in Bolton in October 2004 when the driver of a car travelling in the opposite direction suffered a hypoglycaemic attack and lost control of his vehicle. David was killed instantly, leaving a wife and young daughter.

David´s wife, Jacqueline, made a claim for fatal bike accident compensation against the negligent driver, whose car insurance company were quick to acknowledge liability. However, it was not until almost five years after David´s death that the amount of bike accident compensation to be paid was finally agreed upon.

As a tribute to David, the Sharples School at which he worked gained special science status two years after his death.

Pensioner Gets Compensation for Bad Bank Advice

A 91-year-old pensioner, who was wrongly advised about how to securely invest his life savings, has won almost 200,000 pounds in compensation for bad bank advice against his local branch of Barclays Bank.

Isaac Price (91) from Llandrindod Wells, Powys, was looking for an investment which would boost his savings without putting his savings at risk to enable him to pay for his care home fees. Having banked with Barclays for over seventy years, Isaac saw one of the bank´s financial advisors who recommended moving the money into a fund primarily composed of shares.

Unfortunately the value of the shares – and the fund into which Isaac had invested his life savings – fell considerably, and Isaac saw 75,000 pounds wiped off the value of his investment. Concerned about the loss of his savings, Isaac complained to the bank, who rejected his initial claim of professional negligence – stating that they were satisfied the investment was wholly suitable at the time.

However, under pressure from Isaac´s Member of Parliament, Roger Williams, Barclays Bank were forced into a U-turn and reconsidered the case. Admitting that there were “occasional errors”, Barclays Bank refunded Isaac with the funds he had invested into the failed investment scheme and paid him the interest he would have received in a standard savings account as compensation for bad bank advice.

Compensation for Death of Child Due To Misinformation

A grieving mother has agreed to a 20,000 pounds compensation for death of child settlement in respect of her malpractice claim against the hospital in which her son died while undergoing heart surgery.

Jaidon Vines was only eleven months old when he underwent a second operation at Oxford’s John Radcliffe Infirmary to close a hole in his heart. Hours after the surgery, which the medical team had described to his mother – Shara – as successful, Jaidon suffered a heart attack and died.

No post-mortem examination was carried out due to the surgeon´s explanation that Jaidon had died because of his heart condition, however experts later established that tubing inserted into Jaidon´s heart in the first operation had not been removed before a further tube was inserted during the second surgery.

After discovering that the John Radcliffe Infirmary had not been honest with her about the risks involved with the second surgery, and that her son could have lived for a further thirty years had the surgery been performed correctly, Shara Vines made a malpractice claim for compensation against the hospital.

Claiming compensation for death of child due to misinformation, Shara´s legal representatives called on expert witnesses who testified that the second operation was unnecessary in the circumstances and that on the balance of probability Jaidon would have survived for a considerable period of time without it.

The John Radcliffe Infirmary made an offer of settlement in the amount of 20,000, which Shara accepted under advice.

Wrongful Death Accident Compensation for Landslide Families

The Chinese government has announced that families of the thirty-five victims known to have perished in the Jiwei Mountain landslide are each to receive 200,000 Yuan (29,200 US dollars) in wrongful death accident compensation.

The decision to pay wrongful death accident compensation was made following an investigation into the tragedy in Hongbao, Western China, in which the privately owned mining company, Sanlian, was found to have ignored government warnings of “possible geological dangers”. Claims that Sanlian had continued a program of excessive drilling and mining were confirmed when it was discovered that the company failed to adhere to the terms of their operating licence.

Officials announcing the news of the wrongful death compensation settlements stated that the amounts represented the standard compensation payments for fatalities from negligent accidents and took into consideration that the government had already offered the villagers of Hongbao 5,000 Yuan to move in 2003 because of the known unstable terrain. It was also revealed that one of the mine´s owners – Su Xianyun – had been taken into police custody.

This followed a similar tragedy in 1994 in which seventy-nine people were killed. At the time of the previous landslide the cause of the accident was attributed to the geology of the area and no wrongful death accident compensation awards were made. However government officials have now said that the investigation into the disaster may be re-opened to determine whether excessive mining was also responsible.

Tube Driver Awarded Damages for Severe Emotional Trauma

The driver of the London Underground train on which Jean Charles de Menezes was mistakenly shot dead has been awarded 1,000 pounds in damages for severe emotional trauma by the Criminal Injuries Compensation Authority (CICA).

Quincy Oji was the driver of the Northern Line train in July 2005 which was boarded by police in pursuit of the suspected suicide bomber and, as the unfortunate shooting took place, Quincy fled from his cab and ran into the tunnel. The CICA tribunal heard that Quincy was chased by armed police and in his panic tripped and fell to the ground.

Following the incident, Quincy was diagnosed with Post Traumatic Stress Disorder and had to take a considerable amount of time off from his job before he was passed fit to continue driving trains.

Quincy´s original claim for damages for severe emotional trauma was rejected on the grounds that he was some distance from the shooting but, after seeking legal advice, Quincy appealed against the decision and, almost four years after the fateful incident in Stockwell Underground Station, was awarded personal injury damages amounting to 1,000 pounds.