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UK Car Accident Claims

IN the UK, car accident claims for compensation may be the most frequent category of personal injury claims but each should still be managed on an individual basis. No two claims for car accident compensation in the UK are the same – even when the injuries sustained are identical – as the consequences to the victim´s quality of like is every case is different. You should get the best possible help when making car accident claims in the UK, so call our freephone helpline and speak directly with an experienced UK car accident claims solicitor for practical legal advice.

Driver to Receive Compensation for PTSD following a Car Crash

June 9, 2016

An injured driver is to receive £30,000 compensation for PTSD following a car crash after being told his claim was likely to be worth little more than £3,000.

Fifty-year-old Warren Smith from Lancashire suffered head, chest and back injuries when he was involved in a head-on collision with another vehicle travelling on the wrong side of the A671 between Burnley and Rochdale on March 8th, 2012.

The negligent driver responsible for causing the head-on collision died in the accident, and Warren later developed Post Traumatic Stress Disorder (PTSD) and depression due to the emotional trauma he had suffered at the time of the accident.

Warren lost his job as a contracts manager as he was unable to drive the long distances required to fulfil his duties. He subsequently sought legal advice in order to claim compensation, but his psychological injuries were disregarded and Warren was told that the value of his claim was little more than £3,000.

Fortunately Warren sought a second legal opinion and, once the consequences of his emotional trauma were taken into account, the suggested value of his claim rose considerably. Warren claimed compensation for PTSD following a car crash and his claim was recently settled for £30,000.

Warren still suffers from the emotional trauma of the fatal head-on collision, and the settlement of compensation for PTSD following a car crash will go towards the cost of continuing his therapy and rehabilitation. Warren told his local newspaper:

“People should not underestimate the consequences of car accidents and I am lucky to be alive. I am still haunted by the events of that day and my injuries are a constant reminder of the fact that someone died in the crash. But I am incredibly relieved that I now have access to the care and support that I need to move forward with my life.”

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Judge Awards Compensation for Serious Injuries in an Antrim Car Crash

May 18, 2016

A judge has awarded a former world-class competitive sailor compensation for serious injuries in an Antrim car crash after a hearing at Laganside High Court.

In July 2012, twenty-nine year old Rosie Sands from Exmouth in Devon had been invited to stay with some friends of her family in Northern Ireland after having just competed in the World Sailing Championships. Also invited to stay was a long-time friend of Rosie´s – Michelle Hulford from Luton.

The party of friends had just picked up Michelle from the airport, and were driving home along the A57, when their car was involved in head-on collision with a jeep and trailer just outside the town of Doagh. Michelle (21) was killed in the collision, while Rosie and the other occupants of the car were taken to hospital with multiple injuries.

On her discharge from hospital – where she was treated for back shoulder and abdomen injuries – Rosie claimed compensation for serious injuries in an Antrim car crash. In her legal action, she claimed that the flashbacks and nightmares she continued to suffer had resulted in a diagnosis of Post Traumatic Stress Disorder.

The driver of the jeep responsible for causing the accident – Stephen Hamilton – admitted liability for Rosie´s injuries; but the two parties could not agree on a settlement of compensation for serious injuries in an Antrim car crash, and the case was sent to the Laganside High Court in Belfast where it was heard by Mr Justice Adrian Colton.

At the hearing, Judge Colton was told the Rosie´s life had changed “irrevocably” after the accident. The judge heard how, due to her injuries, Rosie was unable to complete her honours degree at Bath Spa University or continue to sail competitively, and that she had to abandon plans to join the Navy or RAF.

After commenting that Rosie had been a “honest, understated, stoical and admirable” witness, Judge Colton awarded her £464,655 compensation for serious injuries in an Antrim car crash to account for her physical and psychological injuries, the cost of her treatment and future loss of income.

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Judge Approves Settlement of Lorry Accident Compensation

January 27, 2016

A judge at the High Court in Dublin has approved a settlement of lorry accident compensation in favour of a man who was brain damaged in the collision.

On 27th January 2009, Francis Smith (then eighteen years of age) was driving near Edgeworthstown in County Longford, when he had to take evasive action to avoid a car heading towards him. As he swerved to miss the car, Francis ran into the back of a stationary council lorry that was parked by a set of roadworks.

Francis, who had a good job in a local factory at the time, suffered a traumatic brain injury in the accident – due to which he has cognitive and physical difficulties. He is no longer able to work and is cared for by his mother, Martina Dempsey.

On her son´s behalf, Martina made a claim for lorry accident against Longford County Council – alleging that the accident had occurred due to the council´s negligence. In the legal action, Martina claimed that the council had failed to give adequate warning by means of bollards or warning signs that work was underway, and that there was no flagman in place to warn oncoming traffic.

In the claim for a settlement of lorry accident compensation it was also alleged that the manner in which the lorry had been parked on the exit of a bend made it a danger to other road users. Longford County Council denied its responsibility for Francis´ devastating injuries, and said that Francis had significantly contributed to the cause of the accident by driving too fast into the bend in the road.

At the High Court, Mr Justice Kevin Cross was told that a settlement of lorry accident compensation amounting to €750,000 had been agreed between the two parties. After noting that the settlement of lorry accident compensation represented 25% of the full value of the claim, Judge Cross said that it was a good one in the circumstances.

The judge approved the settlement of lorry accident compensation and wished Francis all the best for the future.

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Court Resolves Claim for a Car Crash Fatality

November 21, 2015

The High Court in Belfast has resolved a claim for a car crash fatality in a hearing to establish liability for the death of a County Down man.

In July 2010, Leslie Browne and his wife Elizabeth were driving on the B8 from Newry to Hilltown, when they were involved in a head-on crash with a Toyota Yaris driven by Sandra Murray. The stretch of road on which the accident happened is known locally as the Seven Sisters because of its dangerous bends.

Leslie was badly injured, and died one month later. Elizabeth sought legal advice and made a claim for a car crash fatality against Murray; alleging that she had been driving inattentively and in a manner that was inappropriate for the wet road conditions.

Murray denied liability for causing Leslie´s death and claimed that she had lost control of her vehicle due to being hit from behind by a Fiat Punto driven by Michal Marczak. Marczak denied that there had been any contact between the two cars and said that the accident was caused by Murray braking excessively on the crown of a bend and losing control of her vehicle.

The claim for a car crash fatality went to the High Court in Belfast, where it was heard by Mr Justice Stephens. Judge Stephens was told that a settlement figure of £50,000 had been agreed, and the case was before him to establish liability.

After hearing that there was no evidence of contact between Murray´s Toyota Yaris and Marczak´s Fiat Punto, Judge Stephens found Murray solely responsible for causing Leslie´s death. He rejected Murray´s evidence that she had been travelling between 27mph and 37mph, and said that a combination of excessive speed and excessive braking had led to her losing control of her car.

Mr Justice Stephens agreed with the claim that Murray had been inattentive while driving along the B8, and commented “I consider that it reflects the fact that the first defendant did not and does not know what happened so that she grasped at anything that might exonerate her.” The judge ruled that Murray was totally liable for the settlement of the claim for a car crash fatality and also for Elizabeth´s and Marczak´s legal costs.

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Claim for a Car Crash Traumatic Brain Injury Resolved in Court

October 21, 2015

A young man´s claim for a car crash traumatic brain injury has been resolved at the High Court with the approval of a £4.3 million compensation settlement.

In March 2009, seventeen-year-old Jack Mitchell from South London was the front seat passenger in a friend´s Fiat Punto, when the friend swerved his car to avoid hitting an animal and crashed. Jack sustained multiple injuries in the crash, and was taken to hospital where he was diagnosed with a broken leg, severe lacerations to his head and a traumatic brain injury.

Jack remained in hospital for three months before being transferred to a rehabilitation unit. However, his treatment at the rehabilitation unit lasted only three weeks before he was discharged.  Due to the lack of sufficient rehabilitation treatment, Jack has significant concentration problems and behavioural difficulties and he suffers from extreme fatigue.

Through his mother – Frances Mitchell – Jack made a claim for a car crash traumatic brain injury against the driver of the Fiat Punto. In his legal action, Jack alleged that the negligent manoeuvre by his friend was responsible for his injury. Liability was conceded by the driver´s insurance company, but Jack´s family were followed by agents of the insurance company while the settlement of the claim was being negotiated.

Ultimately, a settlement of the claim for a car crash traumatic brain injury was agreed, which consists of an immediate lump sum and annual tax-free, index-linked payments for the remainder of Jack´s life. The total value of the settlement is estimated at £4.3 million and, as the claim was made on behalf of a claimant unable to represent themselves, the case went to the High Court in London so it could be approved by a judge.

At the High Court, Mrs Justice Whipple heard the circumstances of the accident and that Jack is now living in a residential rehabilitation centre in Banstead, Surrey. The judge approved the structured settlement of the claim for a car crash traumatic brain injury and paid tribute to Jack´s family for the care and support they had provided for him over the past six years. Mrs Justice Whipple then closed the hearing and wished Jack all the best for the future.

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Mothers Seek to Change the Law for Bereavement Compensation Claims

September 18, 2015

The mothers of two girls who were fatally injured in a car accident have started an e-petition to change the law for bereavement compensation claims.

In November 2014, five people travelling in a Toyota Corolla were fatally injured when the driver of the car lost control of the vehicle on the A360 in Conisbrough, South Yorkshire, and crashed into a Seat Leon travelling in the opposite direction.

The 45-year-old driver of the Seat was lucky to escape from the car accident with a broken leg, and during an investigation into the accident the driver of a third car was interviewed by police, but no charges were brought.

Two of the dead passengers were Jordanna Goodwin (16) and Megan Storey (16) from nearby Doncaster. The two girls had been life-long friends and were described as inseparable by their grieving mothers.

As nobody was found to be at fault for causing the accident, both mothers made bereavement compensation claims and each received £12,980 – a figure described as pitiful my the mothers´ solicitor in comparison to what public figures receive for a breach of their privacy.

Now the two girls´ mothers – Tracey Storey and Vicki McCarthy – have launched an e-petition to change the law for bereavement compensation claims, so that the process is more like in Scotland – where judges have the discretion to settle bereavement compensation claims for much higher amounts.

“This is not about being greedy and seeking more money” Tracey Storey told The Times, “as no amount of money can compensate for the loss of Megan or Jordanna. It is about the injustice of the way the system works”.

The e-petition has gained the support of the Association of Personal Injury Lawyers (APIL). APIL has campaigned in the past to change the law for bereavement compensation claims and argue that not only are settlements too low, but the criteria for eligibility criteria is too narrow.

As the law for bereavement compensation claims currently stands, compensation can only be claimed by husbands, wives, civil partners, and parents of children under eighteen years of age. The parents of children over eighteen years of age, children of a deceased parent, and parents of a stillborn child are not entitled to make bereavement compensation claims.

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Settlement of Compensation for a Brain Injury in a Car Crash Approved in Court

July 30, 2015

A multi-million pounds settlement of compensation for a brain injury in a car crash in favour of a twenty-one man has been approved in the High Court.

On 7th August 2010, Josh Humphrey (16) from Bognor Regis in West Sussex was a passenger in a car that was involved in a head-on crash with a lorry on the A272 Billingshurst Road. Josh was airlifted to hospital with a traumatic brain injury, while one of the other passengers in the crumpled vehicle – Kirsty Hicks (16) from Slinford in West Sussex – died six days later from her injuries.

Josh received treatment for his traumatic brain injury at several different hospitals and rehabilitation centres over the next few months, before being discharged to live with his parents in a specially adapted bungalow. The driver of the car – Laura Stocker (18) – was charged with causing death by careless driving and given a suspended custodial sentence the following February at Chichester Crown Court.

Josh´s mother – Steph Humphrey – claimed compensation for a brain injury in a car crash against Stocker on her son´s behalf; and, as Stocker had been convicted for causing the crash, her insurance company admitted liability for Josh´s injuries quickly. Nonetheless, it took several years before an acceptable settlement of compensation could be agreed upon.

As Josh had been a legal minor at the time the claim was made on his behalf, the settlement of compensation for a brain injury in a car crash – believed to consist of a seven-figure lump sum payments and annual payments thereafter – had to be approved by a court to ensure that it was in Josh´s best interests.

Consequently, earlier this week, the circumstances of the car crash, Josh´s brain injury and the settlement of the claim were heard at the High Court. The settlement of compensation for a brain injury in a car crash was approved; after which Steph Humphrey had this to say to her local press: “We are grateful this aspect is now over. Nothing will take away Josh’s terrible difficulties but at least we no longer have the huge financial worries that arise as a result of brain injury.”

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Driver Receives Compensation for Soft Tissue Injuries in a Car Crash

June 3, 2015

A thirty-seven year old man from Saltash in Cornwall has received an undisclosed settlement of compensation for soft tissue injuries in a car crash.

In April 2013, Nick Brancher was driving eastbound along the A38 near Bodmin after dropping his nine-year-old daughter off at school, when he was involved in a head-on collision with a car travelling in the opposite direction.

The driver responsible for causing the road traffic accident had swerved across from the westbound carriageway and had hit two other vehicles before crashing head-on at 50mph into Nick´s seven-seater people carrier.

Nick suffered a fracture to his left elbow and extensive soft tissue injuries to his ribs, neck and back. Although he was able to return to work as a maintenance team leader two days after the accident, he was only able to perform light duties.

The full extent of Nick´s soft tissues injuries did not manifest for two weeks, after which he sought legal advice through his union representative and made a claim for compensation for soft tissue injuries in a car crash.

In his claim, Nick said that he could only work flexible hours and on light duties until he had recovered sufficiently to resume his normal role. He also alleged that his injuries prevented him for pursuing his hobbies of Ju Jitsu, climbing, kayaking and cycling for several months.

Liability for Nick´s accident and injuries was admitted by the negligent driver´s insurance company, and an undisclosed settlement of Nick´s claim for compensation for soft tissue injuries in a car crash was negotiated without the need for court action.

Speaking after his claim had been resolved, Nick told his local press: “The other driver had lost control and hit two other cars before we collided head-on, it all happened so fast. I‘m just very grateful my daughter wasn’t in the vehicle with me”.

Rob Miguel – the regional officer at Unite’s Plymouth office who assisted Nick with his claim for compensation for soft tissue injuries in a car crash – said: “Our member sustained a series of injuries because a driver wasn’t concentrating. The level of injuries could have been far worse, but nevertheless the accident was still a serious one and went on to affect our member’s life for months after the crash”.

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Judge Awards Compensation for an Injured Motorbike Passenger

April 24, 2015

A judge has given a negligent motorcyclist a two-year suspended sentence and ordered him to pay £2,000 compensation for an injured motorbike passenger.

On 8th March 2015, Mark Holmes from Slaithwaite in West Yorkshire had just finished his shift as a barman in the town´s Commercial pub when he offered one of the pub´s customers – Joshua Pierce – a lift home on the back of his motorbike.

Joshua accepted and Holmes gave him a high visibility jacket and his helmet to wear. However, as Holmes sped away from the pub, he turned into the main Manchester Road at speed without looking, and crashed into a Honda travelling along the road.

Holmes sustained a head injury in the accident due to not wearing a crash helmet. Joshua was hit side on, and fractured his right femur and broke his pelvis. Joshua was taken to the Leeds General Infirmary, where he underwent an eleven-hour operation to reconstruct his leg.

The police investigated the accident and found that Holmes only had a provisional driving licence which did not allow him to carry passengers on his 125cc motorbike. He was prosecuted for causing injury by dangerous driving and his case was heard at Leeds Crown Court.

At the hearing, Holmes pled guilty to the charges of causing injury by dangerous driving and for failing to ride his motorbike in accordance with his provisional licence. He acknowledged before Judge Sally Cahill that the offer of a lift on the pillion of his motorcycle was both foolish and stupid.

Judge Cahill was told by Holmes´ barrister that he had previously led a responsible life and had not been drinking on the night of the accident. Judge Cahill gave Holmes a two-year suspended sentence, ordered him to do 200 hours community service and disqualified him from driving for a year. She also told Holmes that he would have to pay £2,000 compensation for an injured motorbike passenger to Joshua.

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Woman Settles Claim for Being Injured in Zebra Crossing Accident

October 9, 2014

A woman, who sustained broken limbs when she was hit by a car as she crossed a city centre street, has settled her claim for being injured in a zebra crossing accident for an undisclosed amount.

Janet Churchley (57) was stepping out onto a zebra crossing on Carr Lane in the city centre of Hull when, in December 2011, she was hit by a car. The impact of the car hitting Janet´s leg caused it to break and, due to the way in which she fell back onto the road, Janet´s arm was also broken in the accident.

An ambulance was called and paramedics treated Janet with gas and air before taking her to the Royal Hull Infirmary by ambulance where she underwent surgery to ensure that the broken bones in her arms and legs would heal correctly. Janet was subsequently confined to a wheel chair for three months.

During her recovery period, Janet had to keep her leg outstretched and was totally dependent on her husband for carrying out routine chores such as washing and dressing. Janet had to sleep downstairs on the sofa because it was the only way she could sleep comfortably and attended her son´s wedding in the wheelchair.

It was almost a year later that Janet was able to return to work; and then she found that she was only able to work part-time. She also found that she became anxious whenever she was about to cross a road and – after seeking legal advice – Janet made a compensation claim for being injured in a zebra crossing accident.

Despite the negligent car driver acknowledging that he had been distracted on the approach to the zebra crossing, and that his lack of care had been responsible for Janet´s injuries, his insurance company disputed how much compensation Janet was claiming in relation to her loss of earnings.

An interim payment of compensation was organised in order that Janet would not be out of pocket and, after a period of protracted negotiations, the insurance company finally settled Janet´s claim for being injured in a zebra crossing accident for an undisclosed five-figure amount.

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Smaller Compensation Claims for Personal Injuries to be Settled Quicker

August 5, 2013

Smaller compensation claims for personal injuries are to be settled quicker following reforms introduced by the Legal Aid, Sentencing & Punishment of Offenders Act which came into place on 1st August 2013.

The new Civil Procedure Rules governing court action in England and Wales have been amended in order to reduce the time it takes to settle personal injury claims with a value of up to £25,000 when a single party is responsible for an injury occurring and liability is admitted by their insurance company.

Not all compensation claims for personal injuries fall under the new rules – for example, claims for medical negligence still have to go through a lengthy process – but most claims for personal injuries in road traffic accidents, personal injuries sustained in an accident at work and those acquired in a place of public access (public liability claims) should be settled up to three months quicker than previously.

The reforms are being applied to the Ministry of Justice´s “claims portal” – a database on which solicitors register their clients´ claims – and whereas previously insurance companies could take twenty-one days to acknowledge receipt of a solicitor´s “Letter of Claim”, they now have to act within 24 hours.

Furthermore, insurance companies could previously take 90 days before informing a solicitor whether or not they accepted their policyholder´s responsibility for an accident and injury. They are now allowed only 30 days in the case of claims for personal injuries in road traffic accidents and public liability claims, and 40 days when a claimant has suffered an injury at work due to their employer´s negligence.

Should insurance companies fail to adhere to the new regulations, the claim will be removed from the Ministry of Justice´s claims portal and any increase in costs will have to be assumed by the insurance company irrespective of whether they successfully defend the claim or not.

The new rules apply to compensation claims for personal injuries in which an injury has been diagnosed on or after the 1st August, and only apply to injuries sustained in England and Wales that the claimant was not partly responsible for due to their own lack of care. Further exclusions apply to the reforms applied to compensation claims for personal injuries and therefore it is always in your best interests to discuss the nature of your accident and injury with a solicitor at the first moment possible.

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Woman to Receive Compensation for Catastrophic Injuries in a Motorbike Accident

July 20, 2013

A Brazilian woman is to receive £7 million compensation for catastrophic injuries in a motorbike accident after a hearing at London´s High Court.

Barbara Oliva from Sao Paulo in Brazil was sightseeing London with her husband – Andre – as part of an extended honeymoon in 2008, when a car erratically driven by Yusef Mahmoud, of Southwark, London, hit their Honda while they were driving down the Embankment and knocked Barbara from the bike.

Despite wearing a crash helmet, Barbara suffered severe brain damage – due to which she can no longer walk and has difficulty communicating – and had to return to Brazil where she is now cared for by her mother. Barbara and Andre separated shortly after the accident.

Through her mother, Barbara (26) made a claim for compensation for catastrophic injuries in a motorbike accident against Mahmoud – who had been found guilty of causing the accident by reckless driving.

Mahmoud´s insurance company accepted liability for Barbara´s injuries and made several interim payments of compensation to her family; however, at the High Court in London, Mr Justice Lewis was told that a final settlement of compensation for catastrophic injuries in a motorbike accident had now been agreed upon.

Approving the settlement, Mt Justice Lewis said that the amount of £7 million was just and reasonable in the circumstances, and the judge also praised Barbara´s mother – Edna – for the care she had provided for her daughter since the tragic accident.

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Personal Injury Compensation for a Car Accident Abroad Approved in Court

May 18, 2013

A man who was left in a coma after being hit by a car in Rome has had a settlement of injury compensation for a car accident abroad approved in court.

James Kennedy (now 37 years of age) was on vacation in Rome with friends when, on 14 January 2006, the recruitment consultant from Gosforth in Newcastle was hit by a car while trying to cross the Corso Vittorio Emmanuele in Rome´s ‘Eternal City’.

James was taken to the city´s Santo Spirito Hospital, where he remained in a coma for ten months suffering from catastrophic brain injuries and multiple fractures. Although now considered by his doctors to be ‘mentally acute’, James´ physical injuries mean that he is confined to a wheelchair and he also suffers from poor memory and a lack of concentration due to the brain damage he sustained in the accident.

Because of his inability to focus for long periods of time, James made a person injury claim for a car accident abroad through his mother Elaine against the driver of the vehicle – Father John Cole of Merthyr Tydfil.

Father Cole´s insurance company initially contested the claim on the grounds that James had been wearing dark clothing on the night of the accident and had ‘kept no proper lookout’ before stepping out into the street.

A negotiated agreement was reached in October 2009, in which the insurance company accepted 80 percent liability for James´ injuries and the person injury claim for a car accident abroad was adjourned for the assessment of damages.

An interim payment of injury compensation for a car accident abroad was paid to James earlier this year to enable him to move into a more suitable home and, at the High Court in London, Mr Justice Bean approved a final settlement of a £3 million lump sum and index-linked, tax-free payments of £210,000 every year to pay for the cost of the care and support James will need for the rest of his life.

The judge ordered that the settlement of injury compensation for a car accident abroad be managed by the Court of Protection and commented  that James risked having a bigger percentage deducted from the settlement for his contributory negligence had the case been resolved by a trial.

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Child Pedestrian Injury Claim Settled Out of Court

May 13, 2013

A young man from Birmingham is reported to have been awarded more than £1 million in compensation after his child pedestrian injury claim was settled out of court.

Lee Edge from Kings Heath in Birmingham made the child pedestrian injury claim after being hit by a car when he was twelve years of age in January 2005. The driver of the car was subsequently convicted of driving without due care and attention, but Lee suffered from poor memory, a lack of concentration and fatigue throughout his teens as a result of his injuries.

Through his mother – Sandra – Lee made a child pedestrian injury claim against the driver of the vehicle and, although details of the final settlement have not been made public, it is reported that Lee will receive more than £1 million in compensation.

Despite his injuries, Lee (now 21 years of age) achieved sufficiently high grades to attend a local college where he now studies Business Administration.

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Appeal Courts Rules Council Liable in Claim for Pothole Accident Injuries

May 4, 2013

The Appeal Court in London has ruled that Devon County Council should accept 50 percent liability in a claim for pothole accident injuries due to their failure to inspect the condition of a rural road.

The accident which initiated the hearing occurred in November 2006, when the driver of a Land Rover – identified only as “TR” – hit an 8cm deep pothole on the C-25 between Honiton and Smeatharpe while overtaking a slower-moving vehicle. As the driver of the Land Rover tried to regain control of his car, the Land Rover swerved across the road and crashed into a line of trees – seriously injuring two of the vehicle´s passengers.

The passenger´s claims for injuries from a pothole accident were settled soon after, but the driver of the Land Rover claimed that he should not have to accept full responsibility for the accident, and took Devon County Council to court in April 2012.

At the High Court, Mrs Justice Slade heard that Devon County Council had implemented a six-monthly inspection schedule of a road that was used by heavy goods lorries and farm vehicles without conducting a risk assessment, and she ruled that the council was in breach of its duty of care to adequately inspect and maintain the road contrary to the Code of Practice for Highway Maintenance Management (2005).

The council appealed the decision – which left them liable to settle the £4.25 million claim for pothole accident injuries – and, at the Appeal Court in London, Lord Justice Hughes ruled that, although Mrs Justice Slade´s original verdict was correct, the driver of the Land Rover – “TR” – should share half the responsibility for the tragedy and his insurance company be 50 percent liable for settling the claims for injuries from a pothole accident.

Lord Hughes´ reasoning was that the 8cm pothole in the road was “there to be seen” and he said that “TR”´s error in not seeing and avoiding the pothole contributed to the accident. “Although the error may have been one which many might make”, he said “it amounted to a significant failure to keep a proper lookout and to manage the car correctly; it had terrible consequences. In my view, the only proper finding was that there was contributory negligence to the extent of 50 percent”.

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Motorbike Accident Injury Compensation Approved for Watford Man

November 12, 2011

An undisclosed motorbike accident injury compensation settlement has been approved at London´s Royal Courts of Justice for a motorcyclist left fighting for his life after being in collision with a car.

David Scott Buchan (28) of Watford, Hertfordshire, sustained serious brain injuries after colliding with a car driven by Mark Whiting of Hatfield, Hertfordshire, in February 2005. The accident, which happened just half a mile from David´s family home, lead to titanium plates being inserted into David´s head after a prolonged period in intensive care.

As well as facial injuries and brain damage, David also sustained injuries to his ribs and spine, suffered long-term depression and has impaired levels of sight, taste and smell. He is living with his mother and step-father, who have been providing David´s care needs since his discharge from hospital, and can only walk with the aid of a stick.

The motorbike accident injury compensation claim has taken six years to resolve due to a dispute over liability for the accident, but Mr Justice Langstaff at the Royal Courts of Justice heard that a settlement had been agreed between David´s legal representatives and Mark Whiting´s insurers on the basis of one-third liability, and that the case was before him for approval of the damages which remained confidential.

Approving the settlement, Mr Justice Langstaff paid tribute to his (David’s) mother, Ann, and the “remarkable” level of care she had provided for her son.

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PTSD Father to Receive Compensation

September 25, 2011

A father, whose daughter was killed by a dangerous driver who had just passed his driving test, has been awarded 25,000 pounds by Cardiff Court of Civil Justice for the psychological injury he suffered as a result of the fatal accident.

Terence Jones, of Ebbw Vale, Powys, told the court and His Honour Judge Seys Llewellyn QC how the death of his daughter, Louise ( aged 16), along with three friends in November 2006 had caused him to suffer Post Traumatic Stress Disorder (PTSD).

In a civil case brought against the danergous driver – Craig Ramshaw (22) – Mr Jones claimed that he was a secondary victim and was supported in his claim by psychiatrist Dr David Thomas. Dr Thomas gave expert evidence that Mr Jones had required psychiatric treatment since the incident at Llangynidr Moors.

The judge told Mr Jones that no amount of money could compensate for the loss of a daughter, but agreed with the plaintiff that he had suffered a psychological injury and awarded him personal injury compensation of 25,000 pounds – the settlement to be made by Mr Ramshaw´s car insurance firm.

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Crippled Girl in Taxi Accident Awarded 3 Million Pounds

September 25, 2011

A 22-year-old woman, who suffered catastrophic brain injuries when she was struck by a taxi when only 14 years of age, has had a 3 million pounds compensation settlement approved by the High Court in London.

Vicki Hart, from Guisborough, Teeside, was crossing a road in January 2004 when the taxi driver failed to see her due to inclement weather conditions and knocked her down. Vicki sustained multiple injuries including a broken neck, a fractured skull and brain damage which later lead to a major stroke. Doctors said at the time that it was likely she would not make it, however Vicki survived her injuries – although now experiencing profound disabilities which mean she requires 24-hour care.

A 3 million pounds brain injury compensation award was settled with the insurers of the negligent driver and, in London´s High Court, Judge Mr Justice Spencer said that he had “no hesitation” in approving the compensation agreement – praising both Vicki´s mother, Karen, and her step-father for their commitment and devotion to Vicki.

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Settlement Agreed in Incorrect Side of Road Car Accident Claim

September 13, 2011

A pensioner, who received serious injuries when she was involved in a car accident with a foreign driver who was driving on the wrong side of the road, has settled her car injury compensation claim with the driver´s insurers.

Ann Roberts (79) of Battenhall, Worcestershire, had been driving between Leominster and Ludlow on the B4361, when French motorist Alain Le Den collided with her because he had been driving on the incorrect side of the road.

Ann, a retired teacher, had to air lifted to Birmingham´s Selly Oak hospital, where she was medically treated for several broken bones and a collapsed lung. Ms Roberts also had to have a brace attached to her skull to assist keeping her neck from sustaining further damage.

Mr Le Den´s French car insurance company agreed with the submitted police reports and Ann´s testimony that their client was negligent and agreed an out-of-court settlement to provide her with car injury compensation for the injuries she sustained in the accident.

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Multi Million Pound Settlement for Brain Damaged Mother

July 14, 2011

A forty eight year old single mother, who was catastrophically injured in a car accident in 2009, has settled her claim with the negligent driver´s insurance company in a settlement which experts believe to be worth many millions of pounds.

The woman, who has requested not to be named, was driving along Miles Gray Road in Basildon, Essex, when she was involved in a head on collision with the Ford Ka driven by 76 year old Ernest Bromsgrove. Sadly, the pensioner had suffered a heart attack and lost consciousness as he was driving, and the collision resulted in his death.

The unnamed woman was so seriously injured that she had to be airlifted to the Queens Hospital in Romford for emergency treatment and now suffers from permanent paralysis on the left hand side of her body and is confined to a wheelchair. As a result of the accident, the woman driver also suffers from eyesight issues and has difficulty communicating with her family.

The pensioner´s insurance company accepted liability for the woman´s injuries and negotiated a personal injury compensation settlement with the victim´s legal representatives. The specific details of the out of court settlement were not elaborated on however, as it has to provide lifelong care for the victim  is anticipated to be many millions of pounds.

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Whiplash Injury Payouts Highest in UK

May 23, 2011

The highest payouts for whiplash injury is in the UK claims James Dalton – Assistant Director of Motor and Liability for the Association of British Insurers.

Addressing the crowd in Leeds at the 2011 Whiplash Conference, Mr. Dalton said that three-quarters of personal injury claims in the UK are for whiplash injury, and insurers are paying out nearly two billion pounds each year for whiplash claims.

According to statistics released by the Association of British Insurers, approximately 1,200 claims for whiplash injury compensation are made every day in the UK – six times more than the claims received in a year from people claiming workplace injury compensation.

The Association of British Insurers estimate that the number of whiplash compensation claims adds an average of 74.00 pounds to British motorist´s insurance premiums and, in his talk, Mr. Dalton called on the government to quickly implement their proposals on civil justice reform.

The alterations, stated Mr. Dalton, would ensure that genuine claimants received fair compensation and access to rehabilitation services more quickly, while the potential for fraudulent claims would be decreased.

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Car Passenger Injury Compensation £4m Award Paid Out

May 10, 2011

One of the highest settlements of compensation for a passenger in a car accident was awarded out when Ms Caroline Bogue was awarded £4m at the High Court.

Ms Bogue, was awarded a car passenger injury compensation settlement of over £4 million in a High Court settlement after an uninsured vehicle in which she was travelling as a passenger crashed into a tree, resulting in severe injuries. Caroline Bogue sustained brain damage and will require daily assistance for the rest of her life.

The incident happened on May 1st, 2003, when Caroline Bogue was 17 years old.

The car passenger injury compensation action was taken against the car driver Declan Brogue, the car ower Ciaran Bogue, and the Motor Insurance Bureau of Ireland. Liability was denied in the case due to the fact that Caroline Bogue was aware that car was not insured and was allegedly taken without the permission of the owner. The settlement was made without any party admitting liability.

Mr Justice John Quirke said that the car accident compensation case highlighted the need for an alternative system of staged payments in personal injuries cases.

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Ambulance Crash Compensation Awarded

May 2, 2011

A mother, who was hit by an ambulance while driving to collect her daughter from work, has been awarded 18,500 pounds in personal ambulance crash compensation by Middlesbrough County Court.

Caron Lake (49) from Kirkleatham, Cleveland, was on her way to collect her daughter, Erin (17), from her job at the Kirkleatham Museum near Redcar, when she was hit by an ambulance car driven by experienced ambulance driver Colin Hayden.

Mr Hayden had stated after the accident, which left Caron suffering with back injuries, that he was not sure he had his siren on at the time, because he often turned it off on quiet roads. He said that he had anticipated that Caron was going to pull over to the left hand side of the road despite her right hand indicator flashing.

In court Mr Hayden denied having made his admission of guilt and Caron´s counsel had to remind him that he also said that he assumed Caron would not turn into the museum entrance as it was closed.

Deputy District Judge Glenday found against the owners of the ambulance driven by Mr Hayden, and awarded Caron 6,000 pounds in damages and 12,500 pounds in costs.

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Almost £17,000 Bus Accident Compensation Paid

February 28, 2011

Megan Ledden, now aged 14 years, of Glasnevin, Dublin, has been awarded almost £17,000 in bus accident compensation damages at the Circuit Civil Court in a case against the owner of a minibus following an incident where she was struck in the head by a wing mirror.

The incident involving the bus occurred in March 2007 on a pedestrian crossing on Old Finglas Road. Ms Ledden was knocked unconscious after she fell back and her head collided with the floor. She suffered a cut on the right side of her forehead and some bruising on her knee. This resulted in a permanent faint scarring under the hairline on her forehead, although it cannot be seen.

The bus accident compensation settlement was approved by Mr Justice Matthew Deery approved who also awarded legal costs to Ms Ledden.

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Family of Killed Truck Driving Instructor Awarded Almost 180,000 Pounds

January 30, 2011

The family of Alan Underwood, a truck driving instructor who was crushed to death in a freak accident, are to receive almost 180,000 in compensation following a High Court ruling in London.

Judge Sir Christopher Holland at the High Court heard how Alan Underwood, 48, of Far Cotton, Northamptonshire, was instructing Mrs Corinne Radburn, of Bilton, Rugby, on emergency stop procedures when Mrs Radburn did not execute the manoeuvre in time, and crushed Mr. Underwood between the 18-ton truck and a parked trailer.

Mr. Underwood had been outside of the cab at the far end of a set of cones laid out for the exercise. The court heard that Mr. Underwood then told Mrs Radburn to drive at a speed of 20 miles per hour before performing the emergency stop in front of them. Unfortunately, Mrs Radburn was unable to do so, and Mr. Underwood was killed.

The claim, brought against the insurers of Mr Underwood’s employers, Sterling Training Service, of Basildon, and Mrs Radburn, was initially for 250,000 but adjusted down by 30% due to Mr. Underwood’s contributory negligence of standing in front of the vehicle at the time.

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Young Pedestrian’s Compensation To Be Used To Repair Scarring

January 20, 2011

A young pedestrian, who was knocked down and injured on a pedestrian crossing, is to receive 14,000 pounds in compensation even though the negligent driver who caused his injuries is both uninsured and disqualified from driving.

Liam Brickell, (7) of the Wirral, Merseyside, was just three years of age when the incident happened. Liam and his mother were crossing a road near their home, when the motorist failed to observe a red traffic light and hit both of them.

Liam was badly bruised and sustained cuts all over himself. Many of the cuts have become permanent scars, including a six inch gash on the back of Liam’s head. Liam also suffered from frequent and painful headaches for six months following the accident.

The compensation, which is to be paid by the Motor Insurers Bureau, will allow Liam to have plastic surgery to remove the majority of his physical scars, but the psychological damage that was caused by this reckless driver may take much longer to heal.

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Partial Settlement (2.4m) for Brain Damaged Student

November 20, 2010

A university student, who was knocked from his bicycle by an unsupervised, uninsured learner driver, is to receive a substantial compensation settlement for his injuries.

Hamish McCullough, now resident in Abingdon, Oxfordshire, was just 24 years old when the cycling accident occurred in July 2001. Hamish was cycling near Wantage, Oxfordshire, when he was clipped by the wing mirror of a Peugot 205 being driven by Gordon Mitchell, of Lambourne, Berkshire.

Hamish suffered a fractured skull and severe brain damage in the fall from his bicycle, and fell into a coma – spending over a year in hospital. He now requires round the clock care from a team of medical professions.

In the High Court, Mr. Justice Cooke approved a negotiated settlement which consists of an immediate 2,450,000 pounds lump sum and yearly index-linked payments of 120,000 to cover the cost of Hamish’s care for as long as he lives.

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999 Compensation Approved for Brain Damaged Boy

November 20, 2010

A teenager, who suffered catastrophic brain damage when hit by a police car on an emergency call, has had substantial damages approved in the High Court.

Greg Love was only 13 years of age, and just 200 metres from his home in Bournemouth, Dorset, when knocked from his bike by a police car answering an emergency call.

It was alleged in the compesnation claim against Dorset police that the car was travelling at speed, without its sirens, and had overtaken a slower moving vehicle just seconds before the impact with Greg’s bike.

Greg, now 17, needs 24-hour care and goes to the Victoria Education Centre in Branksome during the week – living with his family at weekends.

Judge Sir Christopher Holland approved the undisclosed compensation settlement at the High Court, which was negotiated with Dorset Police without any admission of liability.

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Car Accident Injury Compensation record award is made

October 29, 2010

The High Court in London has awarded what is thought to be the highest ever car accident injury compensation package ever awarded in the UK to Chrissie Johnson, now aged 20.  The award was for severe injuries, including brain damage,sustained in an traffic accident in November 2006, when she was a passenger collided with a lorry on the Epping Road, near Ongar, England.

The family has already been given a payment installment of £2.5 million, with another lump sum of £4m to be paid immediately.  However, the most intriguing element of the award is tax free payments of £300,000-a-year to cover the costs of providing care for as long as the victim is alive.

The total value of the car accident injury compensation award has been estimated at  £17 million.

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RTA Compensation for Student Nurse set at 1 Million Pounds

September 5, 2010

A nursing student, who was knocked from her motorcycle as she was on her way to her first night shift, has been compensated for the loss of her leg in the accident.

Lisa Bennett, 43, of Upper Parkstone, Dorset was a second year nursing degree student when the accident happened in December 2004. She was riding her motorcycle to St. Ann’s Hospital, Bournemouth when hit by a car, suffering awful injuries to her right leg, a fractured spine, broken ribs and a broken shoulder.

Surgeons at the hospital could not save her leg, and it was initially amputated below the knee before four more similar operations were needed to control post-operative infections. The mother of a son – who was twelve years of age at the time of the accident – has since been given a prosthetic limb, but still suffers severe pain due the nerve damage sustained in the accident and regularly relies on a wheelchair.

The driver of the car admitted liability, and an initial out of court RTA compensation settlement of 1 million pounds was agreed between Lisa’s legal representatives and the negligent party’s solicitor. However, this was subsequently reduced by 20% as it was alleged by the negligent driver that Lisa had a faulty headlamp on her motorcycle at the time of the accident.

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