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Archive for April, 2012

Victory for Mesothelioma No Win No Fee Claims for Compensation

Posted on: April 25th, 2012 by Injury Claims.

Campaigners for changes to the Legal Aid, Sentencing and Punishment Bill for mesothelioma No Win No Fee claims were delighted this week at the government´s decision to exempt asbestos-related injuries from their reforms.

In the bill, the government planned to remove access to conditional fee agreements for all personal injury claimants to address a perceived “compensation culture” and deter spurious claims. However, campaigners argued that “It is not right to put victims of an extraordinary disease, where no fraud is possible and compensation is certain, into a situation where in their last few months of life they are being forced to shop around for a lawyer in order to pay the least amount of success fees.”

Bowing to pressure from the Lords, the Department of Justice Minister – Jonathan Djanogly – announced that those suffering from mesothelioma cancer, asbestosis and diffuse pleural thickening would now become a special case. In a statement to the Commons, Mr Djanogly announced “careful reflection about the special case of mesothelioma sufferers”, and also said the government was looking at ways of making it easier for sufferers and their solicitors to trace their former employer’s insurers.

The news of the changes to mesothelioma No Win No Fee claims for compensation was also greeted on the opposition benches. Sadiq Khan – shadow justice secretary – told the House “The key question here is should victims of industrial diseases like mesothelioma have to hand over part of their damages to their lawyers and insurer, or should the wrongdoers fund the cost of the successful litigation?”

Claim for Slip Injury on Cruise Ship

Posted on: April 12th, 2012 by Injury Claims.

A woman, who slipped and fractured her knee cap on a Carnival cruise ship, has been awarded almost €2.3m in a compensation claim for a slip injury on a cruise ship.

Denise Kaba from Florida was journeying on a cruise on the Carnival Pride in August 2009, when she slipped and fell on the pool deck which had been treated with a resin that made it hard and slippery when wet.

As a result of her fall and slip, Denise experienced a fractured patella and had to undergo surgery six times to enable it to heal properly. It was also claimed in her action at the U.S. District Court that she may have to have total knee replacements in the future.

Denise’s legal representatives claimed in court that Carnival were aware of previous injuries associated with slips on the pool deck since it had been treated, yet had done nothing to make the surface safer or warn travellers of the potential dangers.

In concurring with Denise that Carnival were liable for her injuries, U.S. District Judge Ursula Ungara awarded £1.9m in damages, consisting of more than £138,000 in past medical expenses, nearly £235,000 in future medical fees, just over £107,000 in loss of earning capacity, £126,000 for pain and suffering in the past and nearly £1.24m for future non-economic damages.

Bank Accident Injury Compensation Claim Settled out of Court

Posted on: April 11th, 2012 by Injury Claims.

A woman who sustained head, neck and shoulder injuries when part of the ceiling fell on her at her local bank has settled her bank accident injury compensation claim out of court for 1,500 pounds.

The unnamed 47 year old woman had been standing at the counter of her local Barclays Bank when a brick fell from the ceiling and struck her on the head. As she fell forward, more bricks and a light fitting fell from the ceiling – hitting the woman on the base of her neck and across the shoulders.

The woman suffered a laceration to her scalp, bruising and a minor head injury. Soreness in her shoulders restricted movement in her upper limbs and the woman suffered headaches and frequent nausea attacks over the next two weeks.

After seeking legal advice, the woman made a claim for bank accident injury compensation against Barclays Bank on the grounds that the bank had breached statutory duty in failing to ensure that the premises were adequately maintained and structurally safe.

Barclays admitted liability for the bank accident and a settlement of bank accident injury compensation amounting to 1,500 pounds was negotiated between the woman´s solicitors and Barclays public liability insurers without the need for the claim to be heard in court.

Erb’s Palsy at Birth Injury Settlement approved at £1m

Posted on: April 11th, 2012 by Injury Claims.

A teenage girl, who suffered an Erb’s Palsy injury due to alleged negligence at her birth, has had a Erb’s Palsy Birth Injury compensation award of £1m approved in the High Court.

Sarah O’Sullivan (14), suffered a shoulder injury during her birth at hospital in 1997 which lead to her being diagnosed with right-sided Erb’s Palsy as she grew older. Claiming that the management of her birth was not handled properly and that the injury could have been avoided with due diligence, Sarah sued the hospital and consultant obstetrician Dr. Patrick Kieran through her father, Kevin.

Both the hospital and Dr. Kieran refuted the claims made against them, but the court heard that they had agreed to a birth injury compensation settlement of £1m without admission of liability.

Teachers Injury Compensation Exceeded 25 Million Pounds in 2011

Posted on: April 6th, 2012 by Injury Claims.

An increasing number of slips and trips in the classroom, physical assaults on teachers and instances where schools and local authorities have failed to comply with their legal responsibilities relating to health, safety and employment, led to teachers injury compensation exceeding 25 million pounds in 2011.

Exactly how much compensation for teachers injuries was paid out last year is not yet known, as only two of the three largest teaching unions have so far revealed what their members received ahead of their respective Easter conferences.

The National Association of Schoolmasters Union of Women Teachers (NASUWT) and the Association of Teachers and Lecturers accounted for 17.9 million pounds of teachers injury compensation, while the National Union of Teachers annually assists teachers in the UK with compensation claims totalling more than 10 million pounds in value.

Among some of the highlighted teacher injury compensation claims was a case where a former teacher received 220,000 pounds after contracting mesothelioma cancer due to exposure to asbestos in the classroom and a settlement of 222,215 pounds was paid to a teacher who suffered permanent brain damage after being attacked by a special needs student.

Psychological injuries attributable to stress and employment disputes were also a major contributory factor to the total amount paid in teachers injury compensation in 2011, with the majority of teachers injury compensation claims being settled by negotiation via legal channels rather than through the courts or an employment tribunal.

Union leaders admitted that the payments of teachers injury compensation could be perceived as a waste of public money but blamed school heads and the education authorities for failing to protect their staff. Chris Keates – General Secretary of the NASUWT union was quoted as saying “Employers who deliberately flout the law are not only causing distress, ill-health and job losses, they are costing taxpayers millions of pounds”.

Fine Imposed for Unreported Work Accidents in Tesco Supermarket

Posted on: April 2nd, 2012 by Injury Claims.

A fine of 48,000 pounds has been imposed for unreported work accidents in a Tesco supermarket after a health and safety investigation by Bracknell Forest Council.

The council discovered three specific incidences of the company “failing to report an accident to the relevant enforcing authority” between May 2009 and March 2010 and health and safety offences in the Tesco store at Warfield in the area reserved for the loading and unloading of vehicles.

The council claimed that the work accidents at the Tesco supermarket were due to Tesco´s failure to provide adequate training, supervision and information to their staff and also for the supermarket´s failure to eliminate risks posed by using an unsafe practice for unloading delivery vehicles.

Tesco admitted that they had failed in their duty of care towards their employees and that their negligence had caused injuries sustained at work in Tesco. The company was fined 48,000 pounds and ordered to pay 25,000 pounds in costs to Bracknell Forest Council.

Speaking after the work accidents in Tesco supermarket case had been heard, David Steeds, Bracknell Forest’s head of environmental health, said “It’s vital that companies stick to health and safety rules so their employees remain out of danger at work. Unfortunately, Tesco failed to keep to these rules and, as a result, employees were injured – quite seriously in one of the cases – or put in harm´s way.”

Car Accident Death Award of more than £83,500

Posted on: April 2nd, 2012 by Injury Claims.

The family of a mother and child, who were both tragically killed in a road traffic accident which occurred in 2006, have been awarded more than £83,500 in a car accident death award. Both Yvonne Mahoney (24) and her daughter, Bobbi-Ann (2), were killed when an automobile driven by Yvonne’s partner John Maloney (33) was struck by another car as it exited the crossroads junction on July 9 2006. Mr Maloney also lost his life in the accident.

In litigation brought by Yvonne´s widowed mother, Mary (56), it was alleged that local council had failed to maintain clear vision at the junction by not cutting down, pruning or trimming the trees and hedges on the side of the road. It was also alleged that they did not erect yield or stop signs.

Mrs Mahoney also sued John Maloney’s estate, claiming that Mr. Maloney had been negligent on the day of the accident by way of his driving. It was claimed that Mr Maloney had caused Mrs Maloney and her eight other children to suffer mental distress. In the High Court, Judge Mr. Justice Moriarty heard that liability had been withdrawn, and awarded Mrs Mahoney and the family of Yvonne and Bobbi-Ann a compensation settlement of £83,500 plus costs.

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