201010.22
0

Largest Compensation Payment Ever in the UK for Car Accident Injury

in Compensation Claims, Personal Injury Claims, Road Traffic Accident Claims

The High Court in London has awarded what is thought to be the largest personal injury compensation package ever awarded in the UK to Chrissie Johnson, now aged 20.  The award was for severe injuries, including brain damage, that occurred 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 received a payment £2.5 million, with another lump sum of £4 to be paid immediately.  However, the the most notable element of the award is taxfree payments of £300,000-a-year to cover the costs of providing care for as long as the victim lives.

The total value of the compensation package has been estimated at  £17 million.

Such as system of annual payments is under investigation in Ireland.

201006.20
0

The Third Party Capture Debate in the UK

in Personal Injury Claims, Third Party Capture

Insurance firms in the UK increasing are their efforts to reduce the role of solicitors in settling personal injury claims.  One of the most contentious issues is the intensification of third party capture, which involves insurance companies contacting the third party (i.e. the victim of their client) with a claim against their policyholder and making a rapid offer to settle.  The objective is to stop the victim contacting a solicitor.   Solicitors argue that independent legal advice is essential because of the clear conflict of interest for insurance companies, which try to keep their compensation amounts as low as possible.
The practice of third party capture has been around for several years in the UK and has also started to appear in Ireland.  The Association of British Insurers is expected to publish soon a new voluntary code of conduct that specifies how to contact victims and in particular ensures that a victim’s right to independent legal advice is respected.   In the UK, insurance company activities are regulated by the Financial Services Authority and are not subject to the 2006 Compensation Act.  There have been calls for an administrative approach to injury compensation claims in the UK, with the systems in Ireland and New Zealand cited as examples. The Irish insurance successfully lobbied for the creation of the Injuries Board.  There was an immediate drop in the amount of compensation paid to victims – and a corresponding benefit of a drop in insurance premiums and increase in insurance company profits.  However, people are now more aware that they should use a solicitor with the Injuries Board for anything but the most simple personal injury claim.  The injury compensation payouts in Ireland have now returned to more regular levels the interests of victims are now usually represented by solicitors.  However, the Injuries Board has resulted in much faster processing of claims so its overall impact has been beneficial.

201006.14
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9/11 Workers in $712.5 Million Injury Claims Settlement

in Compensation Claims, Personal Injury Claims, Workplace Compensation Claims, Workplace Injuries

An agreement has been reached for compensation for 10,000 workers claiming illnesses following the September 11, 2001, World Trade Center attack in New York City.  The rescue and cleanup workers were exposed to smoke and airborne debris. New York City has agreed on a $712.5 million injury compensation fund.
U.S. District Judge Alvin Hellerstein has stated that victims will be  “assured of a fair deal that puts money in their hand fast”.
The compensation for victims claiming debilitating respiratory diseases who contracted severe asthma within seven months of exposure will receive awards in the range of $800,000 and $1 million. The compensation agreed for deaths is in the range of $1.5 million.
The next step in the process is for at least 95% of the plaintiffs to consent to the agreement to make it legally binding on everyone.
Some interesting aspects of the deal:

  • Workers with no specific injury but who claim fear of becoming sick have been awarded $3,250.
  • Everyone is to get a special insurance policy for $100,00 for specific blood and respiratory cancers.
201006.08
0

Road Traffic Accident Victim Sues Google over Faulty Directions

in Car Accident Claims, Compensation Claims, Pedestrian Accident Claim, Personal Injury Claims, Road Traffic Accident Claims

Google has been named in a road traffic accident claim in the United States. It has been claimed that Google Maps provided Lauren Rosenberg of Los Angeles, California, with dangerous walking directions while she was Park City, Utah.
The compensation claim is primarily against the driver of the car, but Google is also named in the lawsuit because it is alleged that Google Maps told her to walk along “Deer Valley Drive” – which happens to be State Route 224 and does not have a footpath. Google has defended itself by pointing out that the mobile version of Google Maps has a warning: ‘Walking directions (beta): Use caution’. Interestingly, the desktop/laptop version of the warning is more specific about the dangers of using Google Maps for walking directions and contains additional text: “Use caution–This route may be missing sidewalks or pedestrian paths.”

This is the first known example of a mapping serving being named in a pedestrian accident claim. While it is clear that Google is not primarily responsible for the road traffic accident, the solicitors for injured party is claiming contributory negligence.

201005.16
1

Bouncy Castle Injury Results in £1 Million Compensation

in Bouncy Castle Injury Claim, Child Injury Claims, Personal Injury Claims

Sam Harris of Spalding, Lincolnshire, then aged 11, was brain damaged when a boy of 15 kicked him in the head during a somersault. The accident two years ago has left Sam Harris needing constant care.  The resulting child accident injury compensation claim has resulted in a £1 Million compensation payment.

A personal injury case was taken by Janet and David Harris against the parents (Catherine and Timothy Perry) who had hired the bouncy castle on the basis of poor supervision, especially allowing older children by younger children.  High Court Judge David Steel ruled on the question of liability by stating that “The risks of a damaging collision are manifestly enhanced by mixing children of different sizes.”

The household insurance policy of Catherine and Timothy Perry will pay the compensation.

The case was considered something of a landmark case in the UK because it sets the precedent that the person hiring a bouncy castle is liable for injuries suffered by children using the bouncy castle.

A recent UK government survey has estimated that bouncy castles cause up to 3,000 injuries annually in the UK.  If the same rate of injuries applies in Ireland, it implies over 100 injuries in Ireland every year.  A recent bouncy castle injury compensation case in Ireland involved a five-year old girl that broke both wrists on an inflatable slide when she collided with a woman sitting at the bottom of the slide.  A leisure centre in Clonskeagh was ordered in the High Court to pay 20,000 euro in damages.

201004.26
0

Maclaren Pushchair Injury Compensation

in Buggy Injury Claims, Child Injury Claims, Personal Injury Claims, Product Liability, Pushchair Injury Claims

Buggy manufacturer Maclaren has agreed 50 child injury compensation claim payments in the UK for injuries sustained using their buggies. The settlements are made without any admission of liability and Maclaren has defended the safety of its buggies and said that it is a problem that affects all brands.

The cases follow the recall of one million buggies in the USA following finger amputations for 12 children that got their fingers stuck in the hinges.

One million of the Maclaren  buggies were recalled in the US last year after it was revealed that 12 children had to have fingers amputated due to them getting stuck in the mechanisms hinges.  However, Maclaren did not withdraw the exact same products in Europe.  The Maclaren models withdrawn in the USA include Volo, Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno, and Easy Traveller.

The decision not to withdraw the products in Ireland was condemned by the Irish National Consumer Agency as unacceptable.

If you or your child have suffered a pushchair injury, you should speak to a solicitor about a child injury claim as soon as possible after you receive appropriate medical treatment.

201003.28
0

School Bullying Victim Awarded $290,000 Compensation

in Child Injury Claims, Personal Injury Claims, School Accident Claims

In a judgement that is seen as a warning for schools in Australia to protect students from bullying, The Supreme Court has approved a $290,000 compensation payout by the Education Department to a teenage girl that suffered bullying over an 18 month period at Kerang Technical High School.

The bullying including spitting at the girl, putting chewing gum in her hair, throwing chairs at her, and emptying her locker across the floor. The girl finally left the school when a student allegedly threatened to shoot her.

The parents of the girl had frequent discussions about bullying with the school principal, teachers, and even the school chaplain. The school failed to deal with the problem and also failed to establish procedures to stop bullying and discipline guilty students.

It was claimed that the bullying left the girl a physical and emotional wreck.  The injuries claimed were psychological disturbance, panic disorder, insomnia, an eating disorder, stress-related psoriasis and suicidal thoughts.

More injury claims for children are expected from parents of Kerang Technical High School.

200911.25
0

$300 Million Awarded in Tobacco Lawsuit

in Personal Injury Claims

A jury in Fort Lauderdale, Florida, has awarded Lucinda Naugle $300 million in a tobacco lawsuit against Philip Morris, which is the largest ever single award. The award consisted of $56 million in compensatory damages and $244 million in punitive damages. It only took the jury three hours after a three-week trial to assess liability to Naugle at 10 percent and 90% to Philip Morris.

The victim started smoking when she was 20 and smoked for 25 years.  Now, at the age of 61, she suffers from severe emphysema and requires a lung transplant.

It’s assumed that the decision will be appealed and the victim is hoping to survive long enough to get the money necessary for her lung transplant.

Florida is one of 46 states that participated in the 1998 settlement by the seven largest tobacco companies for over $206 billion.  However, a ruling three years ago made it easier for individuals to sue tobacco companies. Some 25 additional cases would go to trial in Florida next year and more than 9,000 people have filed individual lawsuits in various Florida courts.

200911.12
0

Radio Station Compensation Results in $16 Million Wrongful Death Settlement

in Personal Injury Claims, Wrongful Death Claims

A Sacramento, California jury has awarded $16.57 million against Entercom Broadcasting in the case of a Jennifer Strange, who died in January 2007 from drinking too much water to win a Nintendo WII game contest.  The competition was to find the person who could consume the most water without having to go to the bathroom.  However, the problem with the competition is that water poisoning (hyponatremia) can occur when some people drink too much water.

The plaintiffs in the case were the family of the deceased woman.  It was claimed that the radio station was warned about the dangers of water poisoning prior to the contest but went ahead anyway, which was in fact a breach of their own internal rules that prohibit dangerous games.

The radio station was found to be 100% responsible for the death because the deceased woman had no warning about the dangers of drinking too much water.

The deceased had in fact signed a legal waiver of claims for personal injury and courts in California have been generally upholding the validity of such releases.