We will assess your injury claim We will assess your injury claim

Brain Injury Compensation in the UK

In the UK, brain injury compensation is awarded to those who has sustained a traumatic brain injury through no fault of their own or an acquired brain injury due to the negligence of somebody who owed them a duty of care. Brain injury compensation in the UK can take the form of periodic payments when catastrophic brain damage has been sustained and the victim may need a lifetime of care. This is particularly important to parents of young children who sustain brain injuries at birth and may be concerned about the child´s well-being when they are too old to provide the care the child needs. Discuss brain injury compensation in the UK with an experienced solicitor on our freephone injury claims advice service.

Settlement of Motorbike Accident Compensation Approved

May 19, 2017

A multi-million pounds settlement of motorbike accident compensation has been approved at the High Court in favour of a brain-damaged man in his twenties.

In the summer of 2013, the young man – who cannot be named for legal reasons – was riding on the A396 near his home town of Exmoor in Devon when a lorry turned out of a junction immediately in front of him. Unable to avoid a collision, the motorcyclist hit the lorry and was knocked from his bike – suffering a severe brain injury and multiple broken bones.

Although making a good recovery from his physical injuries, the nature of his brain injury means he will never be able to work again and will likely require full-time care for the rest of his life. On their son´s behalf, the man´s parents – who are now his primary carers – made a claim for motorbike accident compensation against the negligent lorry driver.

The lorry driver admitted he had been at fault for not seeing the motorcyclist, but the speed at which the man had been riding his motorbike was brought into question. Consequently, when the settlement of the claim was negotiated, it took into account the motorcyclist´s contributory negligence and was adjusted accordingly.

At the London High Court, Judge Jeremy Freedman said he considered the settlement of the motorbike accident compensation claim “excellent” in the circumstances. It consists of a £3.6 million lump sum payment followed by index-linked annual payments of £58,500, rising to £108,750 per year in 2023, and rising again to £119,625 per year from 2053.

Approving the settlement of the motorbike accident compensation claim, Judge Freedman added: “It is as good an outcome as he could have been hoped for, and provides financial security for him for the rest of his life. He has recovered remarkably well from his severe injuries but he has been left badly brain damaged and disabled as a result of the accident.”

Read More

Injury Claim for a Car Park Accident Settled by Negotiation

May 15, 2017

A woman who suffered brain damage when she was hit by an out-of-control car, has settled her injury claim for a car park accident for a six-figure amount.

On February 23rd 2016, Andrea Gregory – a 43-year-old beauty therapist from Nottingham – was hit by an out-of-control car just after parking her own vehicle in the car park of the local Netherfield Retail Park. Andrea was thrown into the air and hit her head on the asphalt as she landed – causing her to sustain a traumatic brain injury.

Andrea was taken to the Queens Medical Centre in Nottingham, where she remained in intensive care for three days. She was subsequently transferred to the neurology ward, where she was diagnosed with a contusion to the right frontal lobe of her brain and a contrecoup brain injury that caused Andrea to lose her senses of taste and smell.

Following her discharge a week later, Andrea suffered from debilitating vertigo for five weeks. She still suffers from accident-related anxiety, post-traumatic amnesia, and has problems with her eyesight. She was unable to return to work for several months and – due to the problems with her eyesight – has had to surrender her driving license.

Although the police investigation into the accident found the driver of the car that hit Andrea at fault, she sought legal advice about making an injury claim for a car park accident to ensure she was compensated for every consequence of her injury. Following a period of negotiation, Andrea´s solicitors secured a six-figure settlement from the negligent driver´s insurers that will fund any future support or rehabilitation she may need.

Speaking after her injury claim for a car park accident had been settled, Andrea said: “While it can’t undo what has happened, the settlement is a great relief because I know I have the funds for ongoing treatment as well as the ability to concentrate of my rehabilitation rather than worry about the bills.”

Read More

Liability Admitted in Turkish Holiday Child Injury Claim

May 8, 2017

Liability has been admitted in a Turkish holiday child injury claim, made on behalf of a six-year-old boy who suffered brain damage when a speaker fell on him.

In June 2014, the Burch family from Gillingham in Kent stayed at the five-star Yasmin Resort in Turgutreis near Bodrum after booking their holiday through Thompson. While the family lounged by the pool, a speaker fell from the roof of the resort building and landed on the head of Stanley Burch – who was just three years of age at the time.

Stanley´s parents – Mitchell and Amy – feared that their son had died due to him lying on the sun lounger motionless. However, another guest at the resort identified himself as a doctor and rushed the young boy to the nearby Bodrum Hospital. At the hospital, Stanley was diagnosed as having suffered an epidural haematoma and he underwent surgery for three hours to drain the excess blood from his brain.

Despite having twenty staples holding his skull together, Stanley was able to fly home with his family two weeks later. He underwent further treatment at Kings College Hospital in London, but doctors fear that scar tissue on the right side of Stanley´s brain will result in brain damage and affect his future development.

After seeking legal advice, Mitchell and Amy made a Turkish holiday child injury claim against Thomson. Following an investigation into how the speaker could have fallen from the roof on the resort, the company admitted liability for Stanley´s injuries. However, as it is too early to know what the long-term effects of the accident will be, no final settlement of compensation has been agreed.

Speaking to his local newspaper, Stanley´s father said: “He is happy and doing well, and we are lucky he is alive. But no-one knows for sure if he will develop 100 percent as he should have. It is very stressful thinking how what happened on that day could still change his life now. We can’t get that day out of our heads, we really thought he was dead.”

Commenting on the Turkish holiday child injury claim, a spokesperson from Thomson said: “Our resort team offered every possible support and assistance at the time of and in the aftermath of the incident, conducting a full investigation to understand what happened. Our Welfare Team based in the UK are also in direct contact with the customers and continue to offer the necessary support.”

Read More

Taxi Injury Claim Resolved for Six-Figure Settlement

April 21, 2017

A former train driver´s taxi injury claim has been resolved for a six-figure settlement after the taxi driver´s negligence was established by solicitors.

In December 2013, Gareth Jones (41) and his brother were returning from a night out near their home town of Machynlleth, Powys, when Gareth was hit by a taxi as he crossed the A489. The force of the impact knocked Gareth several feet down the road and he was rushed to hospital with multiple injuries, including a serious brain injury.

The serious brain injury has left Gareth with reduced mobility and in need of full-time care. He has been unable to return to his job as a train driver and is unlikely to ever be able to lead an independent life. On Gareth´s behalf, his partner – Tracy – sought legal advice and made a taxi injury claim against the taxi driver who had hit him.

The taxi driver denied liability and no charges were brought against him following a police investigation. However, Gareth and Tracy´s solicitors established he had been driving too quickly for the conditions on the night of the accident and pursued the taxi injury claim. Eventually, the taxi driver´s insurance company agreed to a six-figure settlement of the claim.

The settlement of the taxi injury claim will mean that Gareth and Tracy can move to house better suited to Gareth´s needs and in which he will enjoy a better quality of life. Speaking with her local newspaper after the taxi injury claim had been resolved, Tracy said:

“This collision has turned our entire world upside-down.,” said Tracey. “Gareth went out that night with his brother, but came home a completely different person. For the driver to deny that he was at fault is an insult to our family – if he had paid more attention to the road, he would have seen Gareth.”

Read More

Mother to Receive Compensation for Brain Damage during Surgery

March 3, 2017

The mother of a woman who died ten years after undergoing a routine operation is to receive £430,000 compensation for brain damage during surgery.

In September 2003, nine-year-old Carrie Wright from Hull in Yorkshire attended Leeds Royal Infirmary to undergo elective surgery to repair a heart defect. In order to prevent brain damage while her heart was being repaired, Carrie was put into Deep Hypothermic Circulatory Arrest. However, rather than limiting the period of circulatory arrest to the recommended forty-five minutes, the surgeon kept Carrie in this condition for more than two hours.

As a result of the surgeon´s negligence, Carrie sustained significant brain damage. She was unable to walk or stand without help, she needed assistance with practically every aspect of her daily live and had very limited speech. Until her death in December 2013, Carrie attended a specialist college in Nottinghamshire during the week and was cared for by her parents at weekends.

While she was still alive, Carrie´s mother – Dawn Clayton – claimed compensation for brain damage during surgery on her daughter´s behalf, alleging there was no justifiable reason for Carrie´s surgeon keeping her in circulatory arrest for so long. Leeds Teaching Hospitals NHS Trust initially denied liability for Carrie´s injury until the surgeon – Dr Nihal Weerasena – was referred to the General Medical Council to answer charges of gross misconduct.

The Leeds Teaching Hospitals NHS Trust finally admitted liability for Carrie´s injuries last year – just months before a Medical Practitioners Tribunal Service found Dr Weerasena guilty of eight charges of gross misconduct. A settlement of compensation for brain damage during surgery was subsequently agreed with the NHS Litigation Authority. Speaking after the claim has been resolved, Carrie´s mother told her local newspaper:

“Prior to the operation, Carrie was just like any other active nine-year old girl. She left me early on the day of the operation and came back from surgery that evening changed forever. I only received a letter of apology last year, some 13 years after the operation. I have always felt that they wanted to sweep this matter under the carpet. It has been horrendous for our family to lose Carrie in the way that we did. This has been exacerbated by the long battle we have had with the hospital to get recognition of their failings.”

Read More

Court Awards Compensation for a Brain Injury in a Farm Accident

December 8, 2016

The Edinburgh Court of Session has awarded a twenty-one year old man £325,000 compensation for a brain injury in a farm accident thirteen years ago.

On June 28th 2003, Craig Anderson was just eight years of age when he suffered a brain injury at the Hillhead Farm in Torrance, Stirlingshire. Craig had been playing football with a friend who lived at the farm, when the two boys decided to herd sheep through a gate and into a barn.

In order to reach the chain that opened the gate, Craig climbed onto the gate´s lower rung. Unfortunately the gate was unstable and unable to support Craig´s weight; and, as he lifted the chain from its metal post, the gate fell back onto Craig – trapping him to the ground after he had fallen.

Craig was taken to the Stobhill Hospital in Glasgow before being transferred to the Royal Hospital for Sick Children in Yorkhill. Because of the extent of his head injuries, Craig spent a further three weeks in the specialist unit of the Southern General Hospital.

At a hearing to establish liability in October, Craig told the court that, because of his brain injury, he led a very protected childhood, his academic performance suffered, and he was unable to complete a college course because of “very severe” headaches.

Craig´s claim for compensation for a brain injury in a farm accident was contested by the owners of the farm – John and Antoinette Imrie – who argued that they had fulfilled all duties of reasonable care towards Craig. However, although Lord Pentland absolved John Imrie of any responsibility for Craig´s accident, the judge found that Antoinette Imrie had not done enough to prevent the accident.

In a written verdict stating that Antoinette Imrie had failed in her duty to guarantee Craig´s safety, the judge found her liable for his injury and ordered that she pay £325,976 compensation for a brain injury in a farm accident.

Read More

Claim for an Injury in a School Swimming Lesson Settled

September 2, 2016

A woman´s claim for an injury in a school swimming lesson has been settled for £2 million after a protracted legal battle to determine liability.

When she was ten years of age, Annie Woodland attended a school swimming lesson at the Gloucester Park Pool near her home in Basildon, Essex. During the lesson, Annie experienced difficulties and was pulled from the pool unconscious. She was resuscitated by the side of the pool before being taken to hospital by ambulance.

Due to nearly drowning, Annie suffered significant brain damage. Throughout her youth and into adulthood, Annie (now 26 years old) has had to contend with severe learning difficulties caused by fatigue, loss of balance and memory problems. She is unable to work, manage her own affairs and has suffered from years of depression.

On his daughter´s behalf, Annie´s father – Ian Woodland – made a claim for an injury in a school swimming lesson against Essex County Council, Basildon District Council, the Swimming Teacher´s Association, the swimming teacher conducting the lesson – Paula Burlinson – and the lifeguard on duty at the pool, Deborah Maxwell.

In the claim for an injury in a school swimming lesson, Ian alleged that Essex County Council – the education authority responsible for the school Annie attended – had a non-delegable duty of care “in the capacity of loco parentis”. He claimed compensation from the council for the alleged negligence of the swimming teacher and lifeguard.

In 2011, both the High Court and Court of Appeal dismissed the claim for an injury in a school swimming lesson on the grounds that a successful claim would have “a chilling effect on the willingness of education authorities to provide valuable experiences for their pupils”. However, Ian persevered with the claim and – in 2012 – the Supreme Court ruled that Essex County Council did have a duty of care during a National Curriculum lesson.

The claim for an injury in a school swimming lesson was refereed back to the High Court to determine what level of negligence – if any – should be assigned to Paula Burlinson and Deborah Maxwell. Essex County Council was ultimately assigned two-thirds liability, with the lifeguard (Maxwell) being assigned one-third liability.

The High Court hearing was adjourned for an assessment of damages to be conducted, and a final settlement of the claim has now being agreed – Annie to receive a £2 million lump sum that will be managed for her by her solicitors.

Read More

Girl Awarded Undisclosed Compensation for Road Rage Injuries

August 29, 2016

A girl, who was seriously injured when run over by a dangerous driver, has been awarded an undisclosed settlement of compensation for road rage injuries.

In June 2012, Emily Kirwin was just four years of age when she was riding in the trailer of her father´s bicycle, as he and Emily´s mother were cycling near their home in North Cave, East Yorkshire. As the family cycled along through Yorkshire Wolds, a Range Rover driven by Carl Baxter drove past dangerously close to them.

Emily´s father – Stephen Kirwin – shouted at Baxter and raised his fist in anger. Baxter retaliated by reversing his vehicle at speed into Stephen´s bicycle – crushing both Stephen and Emily. Stephen suffered broken ribs, a broken pelvis and a broken leg. Emily´s injuries were so serious that three passing nurses who stopped at the scene initially thought she was dead.

Emily was taken to hospital in a coma, where she remained unconscious for six days. Among her many injuries were a broken jaw, a broken nose and blurred vision. She was unable to walk for several weeks and had to undergo regular check-ups through her childhood to identify any brain damage that had occurred.

In 2003, Baxter was jailed for two years after pleading guilty to two counts of inflicting grievous bodily harm, dangerous driving and failing to stop at the scene of an accident. He was also banned from driving for two years.

The family refrained from claiming compensation for road rage injuries on Emily´s behalf until they received a final confirmation that there was no long-lasting injuries. When the claim was made, Baxter´s insurers admitted liability and the claim was settled for an undisclosed five-figure amount.

Speaking with her local paper, Emily – now eighteen years of age – said: “In a way it was worse for my parents because they witnessed the accident, whereas I can only remember waking up in hospital.
My face is still slightly distorted, but fortunately for the most part I have made a good recovery.”

Read More

Teacher Settles Claim for Serious Injuries in a Lorry Accident

July 21, 2016

A teacher, who was lucky to escape with her life when her car was crushed under an HGV, has settled her claim for serious injuries in a lorry accident.

In December 2014, Katie Holt (39) – an English teacher from Colchester in Essex – was driving along the A120 to her job at the Felsted Preparatory School, when she was hit from behind by a skip hire lorry. The impact of the collision forced Katie´s VW Golf under the back of an HGV lorry immediately in front of her – crushing her vehicle to such a degree that first responders did not realise that a car had been involved in the accident.

It took more than an hour to cut Katie free from her crushed vehicle; after which she was air-lifted to the Royal London Hospital where she received treatment for a fractured skull, a fractured back, a broken arm and severe facial lacerations. Katie also suffered damage to her optic nerve that has affected her vision. She also still suffers from balance problems, loss of memory and hearing loss.

The driver of the skip hire lorry – Kevin Mann (51) from Great Horkesley in Essex – was prosecuted by police for driving without due care and attention after his tachograph revealed he had not braked in time as the traffic in front of him slowed. He was given six penalty points, fined £350 and ordered to pay £550 costs by Colchester Magistrates´ Court in July 2015.

With liability established, Katie made a claim for serious injuries in a lorry accident against Mann. Once the ongoing impact of the accident on Katie´s life had been assessed, the claim was settled for an undisclosed amount. Speaking after the claim for serious injuries in a lorry accident had been resolved, Katie´s solicitor said: “We are glad to have been able to secure Katie a settlement from the skip company’s insurers that will enable her to access the rehabilitation services she needs.”

Katie has made a remarkable recovery. Despite the ongoing consequences of her accident, she has been able to return to work and, in June, gave birth to her first child. Katie still has no recollection of the accident, but told the East Anglian Daily Times: “I only hope that what happened to me will show drivers, particularly those driving large vehicles, the long-term consequences of even a slight lapse in concentration on the road.”

Read More

Claim for an Accident While Working in Australia Settled

July 18, 2016

A British woman´s claim for an accident while working in Australia has been settled for Au$12 million following court hearings in Manchester and Hobart.

In December 2011, Holly Raper (27) from Chorley in Lancashire was backpacking her way around the world, and had just started working at the King Island Dairy Farm in Tasmania, when she was involved in a serious quadbike accident while herding cattle for the first time.

Holly remained in a coma for several months after the accident and, due to the catastrophic brain injury she sustained, is now a quadriplegic – unable to communicate, move or feed herself. Holly was flown back to her family home in March 2013, where she is now cared for by her mother and two professional carers.

Despite receiving a Au$290,000 compensation settlement from the Tasmanian Workers Rehabilitation and Compensation Tribunal, Holly´s father – Chris – made a claim for an accident while working in Australia on his daughter´s behalf against the owners of the King Island Dairy Farm – David and Jocelyn Bowden.

In the claim for an accident while working in Australia, Chris alleged that Holly had not been provided with a helmet or properly trained to herd cattle on a quadbike. It was also claimed that the quadbike had significant defects, including disconnected rear brakes, excessive steering wear, and a rear wheel had been put on backwards.

The claim was contested on the grounds that Holly had contributed to her accident and the extent of her injuries by her own lack of care. The amount of compensation being claimed on Holly´s behalf was also considered excessive by the Bowden´s insurance company and a date was scheduled for a court hearing.

However, due to the cost of flying Holly´s medical experts over from the UK, Judge Steven Estcourt flew to Manchester to hear witness testimonies before returning to Hobart for the conclusion of the case. The judge found in Holly´s favour, dismissing the allegations of contributory negligence, and awarding Holly´s family Au$12 million in settlement of the claim for an accident while working in Australia. The settlement will be put into a trust to pay for Holly´s future care.

Read More

Claims for Injured Bus Passengers Following Chesterfield Crash

May 4, 2016

Claims for injured bus passengers are likely following the arrest of a motorist suspected of causing a three vehicle accident by driving dangerously.

The crash involving a bus and two cars happened on March 3rd on the Brimlington Road in Chesterfield. Seven passengers on the Number 70 bus to Killamarsh and one of the car drivers were taken to Chesterfield Royal Hospital, while the other car driver was air-lifted to the Queens Medical Centre in Nottingham with serious injuries.

Following an investigation into the crash, police have arrested and bailed a 37-year-old man on suspicion of causing injuries by dangerous driving. Passengers injured in the crash have already started seeking advice about their legal rights, and claims for the injured bus passengers are likely to be made once the police prosecution has advanced.

One of the injured passengers – seventy-year-old Mavis Blood from Staveley – suffered a serious head injury in the accident. When she arrived at Chesterfield Royal Hospital, Mavis was found to have a bleed on her brain in addition to deep cuts of her face. She was kept in hospital overnight while doctors monitored her, but seems to have survived the crash without any permanent injuries.

The day after the accident, Mavis´ granddaughter – Ellen Chapman – told the Derbyshire Times: “She went to hospital and there was concern because she’s 70 she’s high risk, and they found she’s got a bleed on the brain, likely because she takes blood thinning tablets. They’re monitoring her and hoping the bleed will sort herself out.”

One solicitor handling the claims for injured bus passengers said: “The consequences of such incidents should not be downplayed, as through our work acting on behalf of clients we have seen how crashes of this nature have left victims suffering from not only their physical injuries months after the event, but also the psychological trauma.”

Read More

Solicitors Claim for Child Passenger Injuries Allegedly Caused by Mother´s Negligence

March 24, 2016

Solicitors acting on behalf of a four-year-old girl have made a claim for child passenger injuries against her deceased mother´s car insurance company.

Cora-Lynn Kelley-Mattock from Aberporth in Cardigan was just two years of age when, on 26th December 2013, her nineteen-year-old mother – Josephine – crashed the family VW Polo into a wall on the A484 in Llandygwydd near Ceredigion.

Josephine died from her injuries three days later, while Cora-Lynn suffered a severe traumatic head injury that has left her with brain damage and life-long disabilities. Cora-Lynn also suffered internal injuries and damaged one eye in the accident which affects her sight.

Coroner Peter Brunton issued a verdict of death by misadventure when an inquest into Josephine´s death was held in June 2014. The coroner concluded that Josephine might have been distracted by her daughter or been trying to avoid another vehicle when she crashed.

However, solicitors acting on Cora-Lynn´s behalf believe that Josephine may have acted negligently prior to the crash and have made a claim for child passenger injuries against Josephine´s estate and her car insurance company.

The solicitors allege in the claim for child passenger injuries that Josephine was driving too fast for the wet conditions and that she had failed to properly strap Cora-Lynn into her back seat child seat. Cora-Lynn was found suspended by the waist belt of the child seat, implying – the solicitors claim – that her upper body had not been restrained by the shoulder straps.

Josephine´s estate and the car insurance company are contesting the claim for child passenger injuries. A spokesperson said that, although the facts of the accident were not disputed, Cora-Lynn´s solicitors will be required to prove that her mother was negligent – either through causing the crash through a lack of care or through the failure to strap Cora-Lynn properly into her child seat.

Read More

Settlement of Lorry Crash Injury Compensation Approved in Court

January 28, 2016

A €750,000 settlement of lorry crash injury compensation has been approved at the High Court in Dublin in favour of a brain damaged twenty-five year old man.

Francis Smith was just eighteen years of age when – on January 27, 2009 – he crashed into the back of a stationary council lorry while taking evasive action to avoid hitting a car on the outskirts of Edgeworthstown in County Longford.

The council lorry had been parked close to where Longford County Council was conducting roadworks just beyond a bend on the southbound carriageway, and Francis was unlikely to have seen the lorry as he came around the bend and saw a car heading towards him.

Neither of Francis´ two passengers were injured in the accident, but Francis sustained a traumatic brain injury. As a result he suffers from physical and cognitive difficulties that have prevented him from leading an independent life or maintaining his job in a local factory.

On her son´s behalf, Francis´ mother claimed a settlement of lorry crash injury compensation from Longford County Council. She alleged in the claim that the lorry was parked so far out into the carriageway that it created a hazard for motorists and that there were no warning signs erected by the council to advise of the roadworks.

Longford County Council denied that it was responsible for Francis´ accident and injury, and argued that Francis had been negligent by taking the bend at an excessive speed. Eventually the two parties agreed on a €750,000 settlement of lorry crash injury compensation; but, as the claim had been made on behalf of somebody unable to represent themselves, the settlement went to the High Court to be approved by a judge.

At the High Court, Mr Justice Kevin Cross was told the circumstances of the accident and the impact it had on Francis´ life. Judge Cross approved the settlement of lorry crash injury compensation, noting that it represented 25% of the claim´s full value, and saying that it was a good settlement in the circumstances. The judge closed the approval hearing by wishing Francis all the best for the future.

Read More

Cyclist Settles Injury Claim against Negligent Dog Walker

December 4, 2015

A cyclist, who suffered a head injury when a dog´s lead got caught up in the spokes of his bike, has settled his injury claim against a negligent dog walker.

In August 2012, Anthony Steele (59) was in training for a coast-to-coast cycling event, and cycling along the promenade at the seafront in Heysham, Lancashire, when he approached a group of people standing in the middle of the path.

Anthony rang the bell on his bike to warn them of his presence and he went to cycle around the left hand side of the group. As he did so, one of the pedestrian´s dogs darted out in front of him. The dog´s retractable lead got caught in the spokes of Anthony´s bike and stopped it in its tracks.

Anthony was propelled his bike, hitting the ground with such force that he lost consciousness. When he came round, he in the Royal Lancaster Infirmary, where he was diagnosed with a major fracture to the right side of his skull, several fractures to his clavicle, and several fractured ribs.

As a result of his head injury, Anthony was off work for seven weeks and required neuro-psychotherapeutic therapy and cognitive rehabilitation. He still suffers from a permanent loss of hearing in his right ear and non-specific pain in his right shoulder. Anthony also has spells of dizziness, headaches and balancing issues.

It took Anthony almost three years to find the woman who had been in charge of the dog when it ran across him, after which he made an injury claim against the negligent dog walker. In his legal action, Anthony alleged that the woman was not familiar with the use of a retractable lead, and it was her negligence that ultimately caused his injuries.

Liability for Anthony´s injuries was initially denied, and the injury claim against the negligent dog walker was scheduled to be heard at Manchester County Court. However, before the hearing could take place, the negligent dog walker agreed to an out-of-court settlement amounting to £65,000.

Speaking after his injury claim against the negligent dog walker had been resolved, Anthony said: “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.”

Read More

Settlement of Claim for Motorbike Crash with Tractor Approved

November 9, 2015

The High Court has approved the settlement of a claim for a motorbike crash with a tractor that was made on behalf of a catastrophically injured man.

Anthony Royle (48) and his pillion passenger were riding along the A54 in Winsford near Chester on 20th September 2012, they encountered a stationary line of traffic waiting for a tractor to turn into a farm. Anthony started overtaking the line of traffic, but he failed to notice an attachment on the tractor that swung out across the middle of the road as the tractor turned in.

Anthony and his pillion passenger met the attachment at head height at 60 mph. Both he and his passenger were knocked unconscious due to the impact with the “dangerous” solid metal plough attachment, while Anthony´s bike continued riderless for a further 150 metres down the road before coming to rest on the grass verge.

As a consequence of the accident, Anthony suffered a permanent brain injury, due to which he has significant disabilities and will be unable to lead an independent life. To ensure he had the funds to pay for the care he will need for the rest of his life, a claim for a motorbike crash with a tractor was made on his behalf against the owners of the tractor – GA and S Broster and Son.

It was alleged in the claim for a motorbike crash with a tractor that the tractor was being driven by a seventeen-year-old farm employee; who, although he had a license to operate the tractor, did not have the experience to manoeuvre the ploughshare attachment safely.

Liability was admitted by GA and S Broster and Son, but their solicitors suggested that Anthony had contributed to the cause of the accident by driving too close to the tractor and not giving it a sufficiently wide berth as he was overtaking it.

A compromise settlement of the claim for a motorbike crash with a tractor was negotiated; but as the injury compensation claim had been made on Anthony´s behalf, the settlement had to be approved by a judge to make sure it was in Anthony´s best interests.

Consequently, Mr Justice Jay heard the circumstances of Anthony´s accident and the settlement package of compensation that was being proposed at the High Court in London. The judge approved the settlement, saying 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.

Read More

Family to Receive Compensation for Fatal Brain Injury in Hospital

October 20, 2015

A family from the West Midlands is to receive an undisclosed settlement of compensation for a fatal brain injury in hospital following the death of a son.

On New Year´s Day in 2010, Ross Askew from Selly Oak in the West Midlands attended the Selly Oak Hospital, having started complaining of abdominal pains the previous evening. He was diagnosed with severe necrotising pancreatitis and transferred to Birmingham´s Queen Elizabeth Hospital for treatment.

During his admission to the Queen Elizabeth Hospital, Ross (33) – who was already receiving treatment for a recurring brain tumour – started to vomit bile. The vile blocked his respirator and, unable to breath, Ross suffered acute respiratory failure and went into cardiac arrest.

The lack of oxygen also caused Ross to sustain a significant brain injury. He remained in a specialist rehabilitation unit until August 2010, when he was discharged into the care of his family. Sadly Ross died in October 2011 after being readmitted to the Queen Elizabeth Hospital following the return of his brain tumour.

After seeking legal advice, Ross´s mother – Carol – claimed compensation for a fatal brain injury in hospital; alleging that there had been a lack of care when Ross was being admitted to the hospital in January 2010 and that the lack of care had caused her son to suffer the cardiac arrest and subsequent brain injury.

The University Hospitals Birmingham NHS Foundation Trust contested the claim for compensation for a fatal brain injury in hospital – arguing that the treatment Ross received during the admissions process was unrelated to the cause of his death. However, after a period of negotiation, an undisclosed settlement of compensation for a fatal brain injury in hospital was agreed without an admission of liability.

Speaking after the family´s claim had been resolved, Carol Askew told her local newspaper: “We are bitterly disappointed that the Trust did not accept responsibility for the failings in his treatment. After he suffered the brain injury in early 2010, Ross needed 24-hour care as he wasn’t able to move independently or look after himself. We are devastated that he was taken away from us so suddenly and it is incredibly difficult for us to come to terms with.”

Read More

Court Approves Compensation for a Brain Injury in a Car Crash

October 19, 2015

The High Court has approved a settlement of compensation for a brain injury in a car crash in favour of a twenty-four year old man from South London.

In March 2009, Jack Mitchell (then just seventeen years of age) was the front seat passenger in a Fiat Punto driven by a friend, who swerved his car to avoid hitting a fox in the road and crashed in what was described by police investigators as a “horrific collision”.

Jack suffered multiple injuries in the accident, including a broken left leg, lacerations to the back of his head and – most significantly of all – a traumatic brain injury. Jack spent three months in hospital recovering from his injuries, but only three weeks at a rehabilitation unit before returning home.

He has since moved into a residential rehabilitation centre in Banstead, Surrey, but the lack of appropriate rehabilitation immediately after his discharge from hospital has left him with major behavioural difficulties, concentration problems and extreme fatigue.

Through his mother – Frances Mitchell – Jack claimed compensation for a brain injury in a car crash, alleging that the negligent actions of his friend had caused his injuries. Liability was conceded by the friend´s insurance company, but Jack´s family were subject to covert surveillance while the settlement of his claim was being negotiated.

Eventually a package of compensation for a brain injury in a car crash was agreed which consists of an immediate lump sum and annual tax-free, index-linked payments. The total value of the package is estimated at £4.3 million but, before the claim could be fully resolved, it had to be approved by a judge as the claim was made on behalf of a claimant unable to represent themselves.

Consequently, at the High Court in London, Mrs Justice Whipple heard the circumstances of the accident and the medical treatment Jack received afterwards. The judge approved the settlement of compensation for a brain injury in a car crash, describing it as a “reasonable compromise”. The judge also paid tribute to Jack´s family for the care and support they had provided for him over the past six years and closed the hearing by wishing Jack all the best for the future.

Read More

Govt Criticised for Challenging Pandemrix Compensation Claims

September 25, 2015

The Government has been criticised for challenging Pandemrix compensation claims made by claimants suffering from the devastating sleep disorder, narcolepsy.

During the winter of 2009-2010, six million people in the UK were administered Pandemrix to protect them against the H1N1 “swine flu” pandemic. The drug was withdrawn when doctors noticed a rise in narcolepsy among those who received the jab.

Narcolepsy is a permanent condition that can cause people to fall asleep dozens of times a day. It is caused by the Pandemrix vaccine destroying the hypocretin “wakefulness” hormones in the brain, and can leave victims suffering from night terrors or collapsing on the spot due to a muscular control problem called cataplexy.

In June, a twelve-year-old boy was awarded £120,000 compensation for narcolepsy caused by Pandemrix after a three year legal battle. His victory was expected to open the door for up to one hundred more Pandemrix compensation claims, but now the Department of Health has asked the Court of Appeal for permission to challenge the award.

The Department of Health is arguing that the narcolepsy condition is not serious enough to warrant compensation – even though the boy has developed behavioural difficulties because of his condition, can never shower unattended or take a bus on his own in case he falls asleep, and may never be able to drive.

Government officials claim that the settlement of Pandemrix compensation claims should be calculated on the immediate, rather than the future, impact of the vaccine-related injury. In the boy´s case, this would mean comparing the quality of life of a twelve-year-old boy with narcolepsy with a healthy boy the same age without taking into consideration his ability to work in the future.

The solicitor who represented the family of the young boy has commented that the government´s challenge to the value of Pandemrix compensation claims is outrageous. “It is causing tremendous delay in getting compensation to those in dire need of help and who are entirely innocent and blameless people,” he said.

“If their interpretation was accepted by the court of appeal,” he continued, “it would virtually abolish the prospects of anybody ever getting any vaccine injury compensation in the UK, because vaccines are mainly given to children and usually very young children.”

Read More

Settlement of Car Passenger Traumatic Brain Injury Claim Approved at Court

July 29, 2015

An undisclosed settlement of a car passenger traumatic brain injury claim has been approved at the High Court in favour of a twenty-one year old man.

On 7th August 2010, Josh Humphrey from Bognor Regis in West Sussex left home to enjoy a day out with three of his friends. The car in which the party were travelling was driven by Laura Stocker (18) who was an inexperienced driver; and, as Stocker was driving along the A272 Billingshurst Road, she allowed her concentration to slip and crashed into a 7.5 tonne lorry.

One of the passengers – Kirsty Hicks (16) from Slinford in West Sussex – died from her injuries six days after the accident, while Josh (who was also 16 at the time) was airlifted to hospital suffering from a traumatic brain injury. Stocker was subsequently charged with causing death by careless driving and was sentenced to twelve months in a young offender´s institution by Chichester Crown Court the following February.

Josh received treatment for his traumatic brain injury at several different hospitals and rehabilitation units over the next few months, before being allowed to return to the care of his parents in a specially adapted bungalow. One her son´s behalf, Steph Humphrey sought legal advice and made a car passenger traumatic brain injury claim against Stocker.

With Stocker already convicted on causing death by careless driving, liability for Josh´s injuries was admitted by Stocker´s insurance company. However, it took several years before a negotiated settlement could be agreed upon – which, although undisclosed, is believed to consist of a substantial lump sum payment and annual index-linked payments for the rest of Josh´s life.

As the car passenger traumatic brain injury claim had been made on behalf of a claimant who was unable to represent himself, the settlement of compensation had to be approved by a judge to ensure it was in Josh´s best interests. Consequently on Monday this week, details of the car crash, the injury that Josh had sustained and the settlement of the claim were heard in the High Court.

The settlement of the car passenger traumatic brain injury claim was subsequently approved; after which Josh´s mother told 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.”

Read More

Liability Determined in Cycling Accident Injury Compensation Claim

June 25, 2015

A judge has determined liability in a cycling accident injury compensation claim made on behalf of a brain damaged woman unable to represent herself.

On July 3rd 2011, Fenella Sinclair (62) – an office administrator from Tunbridge Wells in Kent – was cycling along Broadwater Forest Lane when the wheel of her bicycle was clipped by a 4×4 driven by Rachel Joyner.

The contact, although minimal, caused Fenella to fall from her bicycle and she suffered multiple skull fractures, brain damage, several broken ribs and damage to her spine after landing heavily on the road surface. Due to the extent of her injuries, Fenella remains in a minimally conscious state four years after the accident and relies on others to provide her with 24-hour care.

After a police investigation into the accident, no criminal charges were brought against Rachel Joyner. However, Fenella´s daughter made a cycling accident injury compensation claim on her mother´s behalf, as Fenella was unable to remember the circumstances leading up to the accident and is too brain damaged to be able to represent herself.

Rachel Joyner denied liability for causing the accident in which Fenella was so badly injured, so Fenella´s daughter instructed solicitors to engage an accident reconstruction expert to determine how the accident occurred. Together with information from the Kent police, the solicitors were able to construct a case to support the cycling accident injury compensation claim.

Despite the evidence against her, Rachel Joyner refused to accept responsibility for Fenella´s injuries, and the cycling accident injury compensation claim went to the High Court, where it was heard by Mrs Justice Cox. After three days of testimony, Judge Cox ruled that Rachel Joyner had driven her 4×4 in a negligent manner and attributed her with 75% liability for Fenella´s injuries after allowing for the cyclist´s position in the road at the time contact was made.

The cycling accident injury compensation claim was subsequently adjourned so that an assessment of Fenella´s future needs can be made. According to Fenella´s lawyer, the settlement of the claim should exceed several million pounds which “will give Mrs Sinclair´s family peace of mind in knowing that she will recover damages to pay for the care and treatment she will need in the future”.

Read More