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UK Farm Injury Claims

In the UK, farm injury claims for compensation are most frequently made by farm workers who have suffered an injury due to the negligence of a farmer, employer or other person who owed them a duty of care. However, you may also be eligible to make farm injury claims in the UK if you have sustained an injury during a visit to a farm or if a farm animal has escaped from its enclosure and caused an accident in which you suffered an injury away from the farm. Speak with a farm injury claims solicitor on our freephone helpline to receive accurate and up-to-date information about making farm injury claims in the UK.

British Woman Awarded Au$12 Million Compensation for Quadbike Injuries

July 20, 2016

A British woman has been awarded Au$12 million compensation for quadbike injuries she sustained while herding cattle on a dairy farm in Tasmania.

Holly Raper from Chorley in Lancashire was on a backpacking holiday in Australia in December 2011, when she took a job at the King Island Dairy Farm in Tasmania. Shortly after she started working at the farm, Holly – who was twenty-one years of age at the time – was asked to round up cattle using a quadbike.

Tragically, while herding the cattle, Holly had an accident and fell from the vehicle. She suffered a catastrophic brain injury that left her in a coma for several months. Due to the severity of the injury, Holly is now quadriplegic and requires around-the-clock care due to not be able to communicate or feed herself.

After being flown home in Chorley in March 2013, Holly´s parents claimed compensation for quadbike injuries from the owners of the King Island Dairy Farm – David and Jocelyn Bowden. The Bowden´s denied responsibility for Holly´s injuries and contested the claim for compensation for quadbike injuries on the grounds that Holly´s accident had been caused by her own lack of care.

However, solicitors investigating the accident found that the quadbike had several defects including faulty brakes, a worn steering mechanism and a rear wheel fitted back to front. It was also discovered that Holly had not been given a helmet to wear or instructed on how to ride the quadbike over the terrain.

A hearing to resolve the claim for compensation for quadbike injuries was scheduled for April; and, as Holly´s medical experts were located in the UK, Judge Steven Estcourt flew to Manchester to hear three weeks of testimony. When the hearing concluded in Hobart, Judge Estcourt found in Holly´s favour – finding the Bowden´s negligent and liable for her injuries.

After dismissing the claims of contributory negligence, the judge awarded Holly Au$12 million compensation for quadbike injuries. After deductions for legal costs and the support she has already received from the Tasmanian Workers Rehabilitation and Compensation Tribunal, the balance will be put into a UK trust to pay for Holly´s future care.

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High Court Approves Settlement of Motorbike Crash Injury Compensation Claim

November 7, 2015

The High Court has approved the settlement of a motorbike crash injury compensation claim made on behalf of a catastrophically injured motorcyclist.

Forty-eight year old Anthony Royle and his pillion passenger were riding along the A54 near Chester on 20th September 2012, when they approached a stationary row of traffic. Anthony continued travelling at 60mph as he started overtaking the row of traffic, but he failed to notice the protruding ploughshare attachment on a tractor that was turning into a field.

Anthony and his pillion passenger met the ploughshare attachment at head height, and both were knocked unconscious due to the impact. Anthony´s bike continued a further 150 metres down the road before coming to rest on the grass verge.

As a result of the accident, Anthony suffered a catastrophic brain injury. He has significant permanent disabilities and will never be able to lead an independent life. On his behalf, a motorbike crash injury compensation claim was made against the owners of the farm to which the tractor belonged – GA and S Broster and Son.

It was alleged in the claim that the tractor was being driven by a seventeen-year-old farm employee; who, although he had a license to drive the tractor, did not have sufficient experience to manoeuvre the attachment safely – which had been across the white line in the road at the time Anthony had driven into it.

Liability was admitted by the farm owners, but their solicitors argued that Anthony had contributed to his injury by failing to give the tractor a wide berth when overtaking it. A compromise settlement of the motorbike crash injury compensation claim was negotiated that will Anthony with the care he needs for the rest of his life.

As the motorbike crash injury compensation claim was made on Anthony´s behalf, the settlement package had to be approved by a judge to make sure it was in his best interests. Consequently, at the High Court in London, Mr Justice Jay was told the circumstances of Anthony´s accident and the settlement package of compensation that was being proposed.

Approving the settlement, the judge said that, bearing in mind all the factors and the possibility of being considered partially responsible for his injuries, the settlement could have been better, but it could also have been worse.

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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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