201108.09
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Settlement of 950,000 Dollars for Severe Whiplash Injury

A man who suffered severe neck and back injuries after being rear-ended by a County of Los Angeles van has been awarded 950,000 dollars days before his case was due to be heard at the Los Angeles Superior Court.

Felipe Medina (53) of Los Angeles County, California, was driving his Saturn Vue west-bound on the 105 freeway in Lynwood, California, in December 2007, when he slowed to a stop due to a traffic jam ahead of him.

The van behind, driven by County of Los Angeles employee Wille Duckworth, drove into the back of Felipe´s car, causing Felipe to sustain severe neck, back and shoulder injuries. Police investigating the post-accident scene established that Duckworth had been travelling at excessive speed and was unable to stop in time to avoid the collision.

Felipe underwent several operations to his back and left shoulder to relieve the pain caused by his injuries. He was also given epidural injections, painkilling tablets and wore a back brace in an attempt to restore his health to its pre-accident condition, but his doctors fear that his pain will prevent him from ever continuing his job as a maintenance supervisor.

Under Californian law, employers are held responsible for their negligent acts and, after seeking legal advice, Felipe sued the County of Los Angeles for personal injury compensation and loss of earnings – both present and future. However, days before the opening arguments were due to be heard, a settlement was reached between Felipe´s legal representatives and those of the County of Los Angeles for 950,000 dollars.

201105.19
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UK Whiplash Compensation Highest in Europe

Claims for whiplash injury compensation are the highest in Europe claims James Dalton – Assistant Director of Motor and Liability for the Association of British Insurers.

Speaking in Leeds at the 2011 Whiplash Conference, Mr. Dalton stated 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 figures revealed 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 volume of whiplash compensation claims adds an average of 74.00 pounds to British motorist´s insurance premiums and, in his speech, Mr. Dalton called on the government to quickly implement their proposals on civil justice reform.

The changes, claimed 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.

201001.11
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Soldier Awarded 22,000 Pounds for Racial Abuse

A former Welsh Guard soldier of Jamaican origin has been awarded over £22,000 in damages for racial abuse.  Private Kerry Hylton was serving as as a chef in the Welsh Guards when he left in March 2008.  He had served five years of service with the Royal Logistics Corps, apparently without any problems. It was claimed that Hylton suffered regular verbal abuse. It was alleged that Hylton and his family were locked in their army quarters after someone glued their door shut. It was also alleged that Hylton was arrested and assaulted by the Royal Military Police when he made a complaint. The award consisted of £18,500 for injury to feelings, £1,500 for aggravated damages, and £2,202 in interest.

200911.18
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Municipal Workers Awarded $3.25 Million For Truck Accident

Two Buffalo Department of Street Sanitation workers whose garbage truck was hit by a commercial vehicle that broke a red light have obtained a compensation settlement of $3.25 million.

The workers were performing their sanitation duties at the time of the accident. They were seriously injured and both required spinal fusion surgeries as part of their treatment for  back, knee, neck and head injuries.

The defendant’s insurance company did not want to settle but an Alternative Dispute Resolution (ADR) process over eighteen months that finished when it was clear that the case was going to go to trial.