Personal Injury Claims

Personal injury claims enable you to recover compensation when you have suffered a loss, an injury or the deterioration of an existing condition due to the carelessness of somebody or some authority who owed you a duty of care. Claims for personal injury compensation should take into account the effect an injury has on your quality of life in addition to any physical pain you have suffered and emotional trauma you have experienced at the time of your injury, and you should also be able to claim any expenses you have incurred which are attributable to your personal injury in order that you are no worse off financially than if your personal injury had never occurred. Make sure you receive comprehensive advice about making personal injury claims by discussing the circumstances of your accident and injury with an experienced solicitor on our freephone Solicitors Advice Panel.

Holiday Food Poisoning Allegations Investigated by Solicitors

September 25th, 2016 | By injuryclaims

 

The claims made by a British couple concerning the contraction of food poisoning at a three-star holiday resort in Crete will be investigated by a team of personal injury solicitors.

The incident occurred when William and Leanda Kidley holidayed in the Katrin Suites Resort in Stalis, Crete, in August 2015. Towards the end of their break, William began to feel ill and presented flu-like symptoms. When the couple returned to the UK, the Transport Support Manager also developed diarrhoea  in addition to his other symptoms.

William then visited his GP, who referred him to Warrington General Hospital for diagnostics. The tests concluded that William had contracted campylobacter food poisoning, and he was immediately admitted to hospital. Despite spending a week in hospital care, William has – to date – not fully recovered from the illness.

As William began his recovery, the couple consulted a personal injuries solicitor. The believed that the allegedly poor standard of hygiene at the resort was the cause of William’s illness, and have requested that their solicitors investigate this claim. The couple booked through FlexibleTrips, operated by Thomas Cook, and the company have already stated that if a link can be made between the hygiene practices at the resort and William’s diagnosis, they will offer compensation.

Amongst their allegations, the couple claim that the food at the resort was often undercooked or left out uncovered all day. They also claim that they frequently saw flies around chilled food.

Leanda, speaking to her local press, has commented that “The last thing we ever expected when we booked the holiday was for either of us to end up in hospital going through tests to find out exactly what was wrong. William missed time off work because of the problems he was having and it took him a long time for his stamina to improve and even now he has not made a full recovery.”

Court Settles Claim for Fall on Ice

March 31st, 2016 | By injuryclaims

A five-figure settlement of compensation has been awarded to a woman who slipped and fell on ice outside of her church by the Belfast High Court. 

The accident occurred in December 2010, when Angela McCluskey – aged sixty-six – injured herself after slipping on ice outside of Armagh’s St Malachy Chapel. She was attending the church to light a candle for the anniversary of her niece’s death, but fell as she arrived. Angela – a retired dinner lady and hospital cleaner – was taken to hospital, where surgery was performed to help repair her ligament damage and a dislocated knee. 

As she recovered, Angela sought legal counsel before proceeding to make a claim for compensation against St Patrick’s Archdiocesan Trust, who are responsible for the safety of the visitors to St Malachy’s Chapel. However, liability for Angela’s accident and injuries was denied by the trust, who claim that they had applied salt to the area in which Angela fell the night before her accident. 

The claim for compensation proceeded to the High Court in Belfast. The hearing was overseen by Mrs Justice Siobhan Keegan, who was informed that at the time of Angela’s accident, no formal system was employed by St Patrick’s Archdiocesan Trust to manage church property, though that the church was doing its best under the harsh weather conditions in the period. 

Judge Keegan found in Angela’s favour, claiming that the path should have been checked for hazards that morning, even if it had been salted. 

Judge Keegan commented that “In my view the risk was clearly foreseeable considering the extreme weather at the time… The defendant knew about the bad weather conditions and in my view had the ability to take precautions to protect visitors to their premises. I consider that this incident was preventable by measures such as warning signs, closing a gate, directing pedestrians to a safe path, creating one dedicated path, [and] salting/gritting the dangerous area”.

The judge dismissed any allegations of contributory negligence on Angela’s part before awarding her £60,000 in compensation for her injuries. 

Man Injured in Pre-Flight Accident Seeks Compensation

January 18th, 2016 | By injuryclaims

The passenger was injured just before take-off on a British Airways flight when a bag from an overhead cabin fell out and landed on his head, but has since been offered compensation. 

Wayne Herbert, the man injured in the accident, was due toughly with the airline from London Heathrow to the United States in October last year. The forty-five year-old from Crouch End in North London was already in his seat when a heavy rucksack fell atop of him. 

The accident caused soft-tissue damage that could be likened to whiplash. A paramedic attended to Wayne shortly after the accident, though it resulted in him missing his flight. He flew out from the airport the following day, though upon his arrival in the United States he discovered that he could no longer write and struggled using a computer. 

After arriving back in London, Wayne contacted British Airways with the intention to claim compensation for his injuries. Under the Montreal Convention, once a passenger has boarded the aircraft, the airline becomes immediately liable for any injuries that occur. As such, Wayne was offered £500 compensation for the accident by British Airways, a sum which he noted was “derisory”. 

Wayne proceeded to seek legal counsel before making a claim for injuries compensation against British Airways. In the claim, he alleges that the cabin crew were negligent in their supervision of passengers that had heavy items of luggage. When speaking to the press, Wayne has said that The staff certainly were not checking what people were doing and I’m suffering as a result”. He was critical of the airline, and says that he suffers from bouts of anxiety now as a result of the accident; “They have been awful in sorting this out for me”.

A spokesperson for British Airways has commented on the issue; “Our cabin crew gave every possible help to our customer and we are still in contact with him to resolve this issue.”

Negligent Dog Walker Compensation Settled

December 11th, 2015 | By injuryclaims

A claim for injuries compensation made by a cyclist was was injured after a dog’s leash got caught in the wheels of his bicycle has settled his claim against the dog’s walker. 

When Anthony Steele, aged fifty-nine, was cycling along the seafront promenade in Heysham, Lancashire in August 2012, he was training for coast-to-coast event. However, when he was cycling, he was obstructed by a group of people standing in the centre of the path. He rang his bell with the intention of warning the group of his imminent approach. 

Anthony cycled around the group, but as he was doing this, a dog emerged from the people and ran out in front of his bicycle. The dog’s leash caught in the spokes of the bicycle’s wheel, causing the bike to stall and throw Anthony forward. The force with which Anthony hit the ground rendered him unconscious, and he was rushed to the Royal Lancaster Infirmary for treatment. He was treated for major fractures to his skull, as well as fractures to his ribs and clavicle. 

The injuries meant that Anthony had to take a week’s sick leave from work. He also had to attend  neuropsychotherapeutic and cognitive rehabilitation. The hearing in his right ear was permanently lost, and he suffers from chronic pain in his shoulder. Additionally, he endures bouts of dizziness, repetitive headaches and balance problems. 

Three years after the accident occurred, Anthony eventually found the woman who was responsible for the dog that caused the accident. After seeking legal counsel, Anthony made a claim for compensation, alleging that the woman did not know how to adequately control the dog. 

Initially, liability was denied by the dog’s walker, though when the case was due to be heard in Manchester County Court, an out-of-court settlement of £65,000 was negotiated. 

Anthony commented, after the announcement of the settlement, that “All I wanted out of this was to get the financial support I needed for my rehabilitation and to raise awareness of how dangerous retractable dog leads can be, especially if people don’t know what they’re doing with them. I can’t quite believe that all of this has been caused by someone who could not control their dog or be aware of their surroundings.”

HGV Driver Claiming Compensation for Catastrophic Van Injuries

August 6th, 2015 | By injuryclaims

An HGV driver, who was injured as he tried to help a transit van manoeuvre past his own vehicle, is claiming compensation for catastrophic van injuries.

In April 2015, forty-two year old John Finney from Harthill in South Yorkshire was delivering wooden sleepers to the Station Hotel in Finningley, when he stopped to help a transit van manoeuvre past his own vehicle and into the hotel car park.

When he believed the transit van was safely past his lorry, John returned to his vehicle and continued to lower the tail-lift. However, the transit van drove into John, pinning him to the tail-lift before dragging him along its solid edge.

John was rushed to Doncaster Royal Infirmary and remained in intensive care for eleven days with catastrophic injuries to his back, ribs and legs. John also suffered significant internal injuries and had to undergo surgery to remove a section of his bowel and his appendix.

Not surprisingly, John has been unable to return to work since his discharge from hospital. He is unlikely ever to pursue his former hobbies of keep-fit and motor cycling and finds simple pleasures such as eating a meal with his family difficult to enjoy because of his ongoing pain.

The driver of the transit van who John was trying to help received a fine for his negligent driving and seven penalty points. John has also instructed solicitors to commence legal action so that he can recover compensation for catastrophic van injuries to account for his pain and suffering, his loss of income and to cover the cost of rehabilitation.

Speaking about the claim for compensation for catastrophic van injuries, John said: “This incident has had a huge impact on my life as I can no longer do the things I have always enjoyed. I loved to keep fit and take part in charity walks, but I know that for the time-being those activities are a distant memory for me. I hope by speaking out it makes drivers think carefully about how they drive in future.”

Holiday Families Launch Compensation Claims for Injuries in a Coach Crash

July 21st, 2015 | By injuryclaims

Two families from Lancashire have launched compensation claims for injuries in a coach crash after their skiing holiday in France almost ended in tragedy.

In January this year, the Hannah family from Ormskirk and the Rothwell-Bowness family from Aughton were on a coach transfer from the ski resort of La Rosière in south-eastern France to Chambéry Airport for their flight home, when the coach left the road, overturned and came to rest on guard rails by the edge of a deep ravine.

French police are still investigating how the accident happened, but eye-witnesses say that the coach driver lost control of his vehicle before swerving into the side of the road and turning over the coach. Both families and the twenty-two other passengers that were on board the coach are considered lucky to be alive.

Katie Hannah (40) suffered severe cuts to her right arm in the accident and is scheduled to undergo surgery later this year to remove a piece of glass that still remains in her arm. Her husband, Gary (44) suffered nerve damage in his shoulder and is undergoing physiotherapy to regain full movement in his right arm.

Sarah Rothwell-Bowness (42) suffered severe cuts to her right hand and a broken right wrist. Sarah has undergone surgery in both France and the UK, and is scheduled to have further surgery next year to remove the pins that were inserted into her right wrist. She has been told that she may never regain the full use of her right arm and is suffering from emotional trauma due to her experience.

The two families have launched compensation claims for injuries in a coach crash against the travel company through who the skiing trip was booked – Esprit Holidays of Godalming in Surrey – and have instructed solicitors to investigate the cause of the accident and to see if more could have been done to prevent it.

Speaking about the compensation claims for injuries in a coach crash, Sarah said: We had a great trip in France but the day of the crash has to be one of the worst of my life. We all simply want to know what happened and what can be done to ensure it doesn’t happen again. The last few months have been the most difficult time of my life and I would not want anyone to have to face what I’ve been through.”

Holidaymaker Told he can Claim Compensation for an Accident in Tenerife in the UK

June 19th, 2015 | By injuryclaims

The Court of Appeal has told an injured holidaymaker that he can claim compensation for an accident in Tenerife in a UK court of law.

In October 2006, Godfrey Keefe was sitting with his family by the pool at the Bahia Principe Hotel in Tenerife. A sudden gust of wind caught a nearby parasol and blew it into Godfrey´s face – the spike of the parasol entering through his right eye and causing Godfrey to suffer permanent brain damage.

Godfrey (52) from Gateshead in Tyne and Wear underwent emergency surgery to remove the tip of the spike, but is now registered as partly sighted and will need care for the rest of his life. The former director of a civil engineering company is unlikely ever to work again.

After seeking legal advice about how to claim compensation for an accident in Tenerife, Godfrey sued the owners of the hotel – Hoteles Pinero Canarias – claiming that the hotel had placed him and his family at the risk of injury by not securely the parasol.

Liability for Godfrey´s injuries was admitted by the hotel´s insurers, but they wanted Godfrey to settle his case in Spain, where the maximum compensation he would have received would have been €800,000 (approximately £570,000). Godfrey was told that if he were to claim compensation for an accident in Tenerife in the UK, his compensation settlement would likely be in excess of £5 million.

After a protracted legal battle between Godfrey´s solicitors and representatives of the hotel´s insurers, the case went to the Court of Appeal. At the Court of Appeal. a panel of judges ruled that Godfrey can claim compensation for an accident in Tenerife in an English court under European law.

Saying that there were “powerful policy reasons” why Godfrey should be allowed to claim compensation for an accident in Tenerife in the UK, Lady Justice Gloster, Lady Justice Black and Lord Justice Moore-Bick adjourned the hearing so that an assessment of Godfrey´s future needs could be made. A final settlement of Godfrey´s claim is not expected until later this year.

Discount Warehouse Admits Liability in Legionnaires Compensation Claim

May 14th, 2015 | By injuryclaims

A discount warehouse has admitted liability in a Legionnaires compensation claim brought by the families of three men who died from the bacterial infection.

In August 2012, three men died and eighteen people needed hospital treatment after contracting Legionnaires disease at the JFT Warehouse store in Fenton, Stoke-on-Trent. The outbreak of the disease was attributed to a spa pool on display in the store in which legionella bacteria had been allowed to develop.

The bacteria was then inhaled by the victims as the water in the spa pool was aerosolized – causing them to suffer fever, chills, cough and headaches and, in the cases of the three men who died, pneumonia which deteriorated into organ failure.

The first of the victims – Richard Griffin (64) from Clayton in Staffordshire – died after inhaling the bacteria while delivering meat to the café in the JTF Warehouse store. The other two men who died have been named as William Hammersley (79) from Chesterton in Staffordshire and Harry Cadman (71) from Stoke-on-Trent.

Whereas many of the victims who recovered from the disease have settled their Legionnaire compensation claim against JFT Warehouse out-of-court, the families of the three men who died and one survivor who contracted a serious lung infection are pursuing their claims through the courts.

Mr Griffin´s daughter issued a statement in which she justified taking her Legionnaires compensation claim to court. She said: “Nothing can ever bring our dad back but we just want to make sure justice is done and that there is some accountability for his death. I truly hope no one ever has to go through what we have.”

Insurers for JFT Warehouse have admitted their client´s liability, and what needs to be resolved is how much compensation for Legionnaires disease each family and the one remaining survivor will receive. Inquests into the three deaths are due to be held later this year and the Crown Prosecution Service is also considering whether to add criminal charges to the civil action.

Water Jet Injury Claim Settled Out of Court

April 13th, 2015 | By injuryclaims

A water jet injury claim, made by the mother of a girl who was injured at Blackpool Pleasure Beach, has been settled out of court for an undisclosed amount.

Shelby Clarke was just fourteen years old when, in October 2009, her family made the trip from their home in Manchester to Blackpool Pleasure Beach. Shelby was allowed to bring a friend – Sarah- with her and, soon after the family arrived, the two girl´s spotted the amusement park´s newest attraction, “The Spectacular Dancing Water Fountain”,

Shelby and Sarah ran across to the attraction – which shoots water up to 200 feet into the air – and joined other children playing among the water jets. However, as Shelby ran across the centre water jet, it went into operation – sending a powerful jet of water up between Shelby´s legs. Shelby felt the need to visit the bathroom, but when she got there she noticed that there was blood everywhere.

Shelby was rushed to hospital, where she received 250 stitches in and around her vagina during a two-hour operation. Now nineteen years of age, Shelby has a restricted sex life and fears that she may never be able to have children. She also has a significant amount of scarring around her vagina which she hopes can be removed with cosmetic surgery.

On her daughter´s behalf, Shelby´s mother – Karen – made a water jet injury claim for compensation, alleging that “The Spectacular Dancing Water Fountain” attraction was unsafe and presented a risk of injury to the children playing around it. Blackpool Pleasure Beach Limited admitted their liability for Shelby´s injuries and settled the water jet injury claim out of court for an undisclosed five-figure amount.

A spokesman for Blackpool Pleasure Beach Limited issued an apology to Shelby and her family, and told reporters that, since Shelby´s water jet injury claim, new safety measures have been introduced at the attraction to ensure that children to not run between the water jets while they are in operation. The safety measures include announcements being made just before the water jets are about to start, and staff monitoring the perimeter of the attraction.

Cameraman Settles Claim for Motorbike Accident in France

January 5th, 2015 | By injuryclaims

A cameraman, who had to have his right leg amputated after being injured while filming, has settled his claim for a motorbike accident in France.

Noel Greaves-Lord (52) was filming Ducatis in action in Cannes in October 2010, when one of the superbikes lost control as it skidded at a corner and crashed into him. Noel – who has worked for the BBC and ITV, and covered a wide range of sporting events – suffered a severely fractured right ankle in the accident and was taken to hospital by ambulance.

Noel from Worthing in West Sussex underwent multiple operations while in hospital, but contracted MRSA and had to have his right leg amputated. After returning to England at the end of 2011, Noel made an injury claim for the motorbike accident in France against the Italian driver of the Ducati that hit him.

Liability was admitted by the Italian motorcyclist who lives in France, but the settlement of Noel´s claim was held up while the amount of motorbike accident compensation was being negotiated. In France, it is more common for liability to be acknowledged straight away, but the delays occurred because settlements of compensation are generally much lower in France than they are in the UK.

Eventually, an agreement was reached on how much compensation Noel´s claim for a motorbike accident in France would be resolved for and Noel is to receive an undisclosed settlement to cover the pain and suffering he experienced at the time of the accident, his loss of earnings and the cost of his future care.

Speaking after his claim had been resolved, Noel said: “I am pleased and relieved that my legal battle has come to a conclusion and I can now focus completely on rebuilding my life and continue with my recovery and rehabilitation. The last four years have been devastating and the injuries I sustained in France have had a huge impact on my life”.

The length of time it took for Noel´s claim for a motorbike accident in France to be resolved occurred because the rules for claiming compensation in France are much different from what they are in the UK. When serious injuries occur overseas, it is often more difficult to receive a settlement of compensation that will provide financial security for the rest of the victim´s life.


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