Motorcycle Accident – Compensation Award

A motorcyclist who lost a leg in a motorcycle accident has been awarded a £1 million in compensation. Lisa Bennett, then aged 37, was involved in a motorcycle accident on 7 December, 2004. She was a second year nursing student at Bournemouth University at the time. The former trainee psychiatric nurse was knocked off her 125cc motorcycle on her way to her first night shift at St Ann’s Hospital.

The driver of the car admitted liability and the claim has been settled out of court for £1 million. However, 20% was deducted for “contributory negligence” as a light on Bennett’s motorcycle was found to be faulty following an investigation.

Bennett sustained horrific life changing injuries. Her son, then aged just 12, had to help care for her. Her personal injury solicitors said that the compensation would help to fund Bennett’s prosthesis and ways to make her life as comfortable as possible. Due to severe nerve damage, Bennett would very likely continue to suffer extreme pain for a very long time. Perhaps, even for the rest of her life.

She suffered a fractured spine and broke bones in her shoulder and rib cage. However, it was her right leg that was most seriously injured in the motorcycle accident, and unfortunately, the leg had to be amputated just below the knee. This was followed by four more operations to control infection. She is now bravely trying to get on with her life, despite being fitted with a prosthetic limb. As could be expected, she still regularly uses a wheelchair and suffers severe pain.

Bennett’s personal injury solicitors, made a compensation claim against the driver of the car that crashed into her and her motorcycle. In an out of court settlement (which is not unusual as almost all personal injury claims are settled out of court) the insurance company of the car driver admitted to 80% liability for the accident. The other 20% liability was attributed to Bennett, as a light on her bike was not working and that made it more difficult for the car driver to see her. Bennett had said that the light was working when she left her house. She received £800,000 in compensation.

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Jacob Ryderson is a contributing author at No Win No Fee Solicitors.

This has prompted a Ministry of Justice investigation with the aim of bringing costs down. The NHS Litigation Authority, which administers settlements against NHS trusts, stated in its Annual Report that claims worth £6.3bn have already been submitted though not paid out. And there is another £8.7bn worth of claims from incidents that are known to have happened but where claims have not yet been made. This means that a total of £15bn is likely to be required in order to settle claims over the next ten to fifteen years.

Figures show that 6,652 claims were made to the authority in 2009/10. This is 10% higher than for the previous 12 months. There was also a 11% rise in the number of claims in the 12 month period between 2007/8 and 2008/9. Moreover, the average cost per claim has also gone up because lawyers are demanding higher quality care for injured claimants. On top of that, lawyers’ fees and costs have also increased – to such an extent that the Medical Protection Society which provides professional indemnity insurance for doctors have asked for action to limit lawyers’ fees.

A Ministry of Justice spokesperson said: “Conditional Fee Agreements have played a role in giving access to justice to a range of people. However, high costs under the existing arrangements have now become a serious concern. We will be consulting on how to achieve significant costs savings, whilst still enabling those who need access to justice to obtain it. The Government is therefore taking these proposals forward as a matter of priority.”

A Department of Health spokesperson said: “Patients deserve high quality healthcare from the NHS. The vast majority of the millions of people treated by the NHS every year experience good quality, safe and effective care. However, if patients do not receive the treatment they should and mistakes are made, it is right that they are compensated and have access to legal representation.”

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No Win No Fee Solicitors: Jacob Ryderson is a contributing author at nowinnofeesolicitors.co.uk.

Personal injury lawyers provide an important service for victims …‎
lonad News             These services are available at very affordable prices and sometimes even on a ‘no-win no-fee‘ basis. However, it is recommended to look for a more trusted …

UK insurance fraud hits record £840bn‎
Management Today – 23 Jul 2010           Home insurance accounted for the lion’s share of the claims, with 62000 people adding a little something extra, while liability claims (no-win no-fee …

NHS legal claims will cost £15bn, it has been warned.‎
Telegraph.co.uk – Rebecca Smith – 3 Aug 2010                    Ministry of Justice spokesperson said: “Conditional Fee Agreements (‘no-win no-fee‘ style arrangements) have played a role in giving access to justice to a …

MGN faces costs of £382000 over £15000 damages case‎
Press Gazette – Oliver Luft – 3 Aug 2010            Carter Ruck conducted the case as a “no-win, no-fee” Conditional Fee Agreement with Peacock. Legislation aimed at drastically curbing the success fees …

Hospital compensation costs rocket‎
Bucks Free Press – Oliver Evans – 4 Aug 2010     “The no-win-no-fee culture is driving higher court settlements. … The Government said last month that no-win-no-fee deals, known as conditional fee …

Compensation Claims Are Soaring     Compensation claims are soaring‎
More than 8000 were desperate to find a “no win, no fee” solicitor. Simon Douglas, director of AA Insurance, warned: “This is becoming increasingly embedded …

Shock Sefton Council compensation payouts revealed‎
Maghull & Aintree Star – John Siddle – 28 Jul 2010… clothes were ‘damaged by wet paint in a park’ – but the council was likely to have paid hundreds more due to ‘ambulance chaser’ no-win, no-fee lawyers.

NHS Expected to Spend £15Billion on Negligence Claims‎
Ashley Ainsworth (blog) – 4 Aug 2010        A spokesperson for The Ministry of Justice said, “No-win no-fee style arrangements have played a role in giving access to justice to a range of people. …

hospital compensation costs rocket‎
Bucks Free Press – Oliver Evans – 4 Aug 2010    “The no-win-no-fee culture is driving higher court settlements. … The Government said last month that no-win-no-fee deals, known as conditional fee …

Stress at work – guidance on achieving a successful claim‎
Lexology (registration) – Claire Howard – 5 days ago              But, beacuse of their difficulty, the injured individual may find it difficult to find a solicitor who is prepared to accept the claim on a ‘no win no fee …

Working at heights can potentially be more hazardous, but the additional risks and dangers could be minimised by common sense and implementing suitable rules and safer work practices. There are particular dangers when working at height, and employers have a legal and moral duty to comply with various Health and Safety regulations and guidelines for best practice. In the UK, employers should comply with The Work at Height Regulations 2005. An online copy is available from the Health and Safety Executive website ( http://www.hse.gov.uk/pubns/indg401.pdf ).

An employer ignoring health and safety guidelines and regulations puts their employees at greater risks. Some of the more common working at height accidents are:
Falls from ladders
Falls from scaffolding
Falls from roofs

Anyone injured following an accident while working at height may be able to make a claim for personal injury compensation, especially if the Work at Height Regulations were not complied with. Anyone considering making a personal injury claim, should contact a specialist Personal Injury Solicitor as soon as possible.

Anyone who works at height or employs people who work at height needs to ensure that they fully understand and comply with the current requirements of The Work at Height Regulations. This is especially important for window cleaners, roofers, television aerial installers and tree surgeons. The Work at Height Regulations were introduced in 2005 to ensure that people exposed to working at a height during the course of their job would be properly protected, and it imposes a legal duty of care upon employers to take reasonable steps to prevent accidents and injuries occurring.

Much of what is detailed in the full legislation is common sense, and covers:
Planning and the proper supervision of the work.
Proper use of equipment and tools and these must be suitable and correct for the specific job being undertaken.
Checking and maintaining safety gear, equipment and tools.
Training for workers and supervisors.

If you have been unfortunate enough to be injured in an accident, you should speak to a firm of No Win No Fee Personal Injury Solicitors by contacting an organisation such as freelegal.co.uk.

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Jacob Ryderson is a contributing author at No Win No Fee Solicitors

Recently released figures show Manchester Council settled 353 claims, at an average of £5,159 a time, in the last 12 months. (down from 412 claims in the previous 12 months). The Council has paid out almost £4m in compensation, mainly to settle slipping and tripping claims over the past 24 months.

Over 90% of the personal injury claims were made by members of the public. The remainder were brought by the Council’s employees. The £1,821,312 paid out last year is the equivalent of about 2% increase in council tax bills. The highest sum paid out was £175,170 to a former employee who had contracted Mesothelioma (a fatal form of asbestos-related illness) many years earlier.

The majority of claims were for personal injury, such as slips and trips and accidents at work. Some were industrial disease claims. In all, residents and council staff made a total of 1,248 claims during the last financial year. This is more than 3 claims a day. However, only 28.2% were successful. Awards totalling £2,168,450 were made in 2008/09.

The Council appear to be blaming all these costs on the claimants rather than accepting that there could have been breaches in health and safety. A council spokeman was reported as saying that Manchester City Council would continue to robustly challenge all compensation claims. He did confirm that over the past year the number of claims against the council has fallen due to improvements on the maintenance of local streets and pavements.

It is estimated that 95% of claims against the council were settled without going to court.

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Jacob Ryderson is a contributing author at No Win No Fee Solicitors

The Guardian

CFAs – or no win, no fee arrangements – have their uses‎

The Guardian – 7 Jul 2010

No win, no fee’ advertising under threat‎

CampaignLive – 15 Jul 2010

Government to target no win, no fee legal deals

The Guardian
The government is targeting no win, no fee arrangements in its drive to cut … if they win – and as such it is argued that CFAs encourage solicitors to …
Government outlines Jackson Review implementation plans

The harassment of ‘no win, no fee’ lawyers

This is Money (blog) – 20 Jul 2010

Opinion: Paul Taylor

‎Manchester Evening News (blog) – 3 days ago

Rise in lawsuits against solicitors

‎Financial Times – Jane Croft – 12 Jul 2010

Law changes have allowed ambulance chasers to thrive

Telegraph.co.uk – David Young – 6 Jul 2010

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The Cameron-Clegg government is apparently looking into the proliferation of advertising by “No Win No Fee” solicitors. Lord Young of Graffham, is considering a ban on advertisements urging people to claim compensation after accidents or injuries.

It is reported that ministers are alarmed about the growth of “no win, no fee” adverts by lawyers and claims management companies in recent years, particularly on television. According to Nielsen data, “No Win No Fee” solicitors spend around £40m on advertising each year.

Lord Young was quoted as saying, “As the volume of advertising by claims management companies increased over the past few years, so did public perception of the rise of litigation. Perception is reality. Although the figures do not show, overall, a great increase in the number of people being sued, there is a firm belief in the public mind of an all-pervasive compensation culture enforced by “no win, no fee” lawyers.”

The report said that the government is particularly worried that claims for clinical negligence against the NHS rose seven-fold in the latest four-year period for which figures are available. This no doubt adds to the cost of running the NHS, but is the government looking at the problem from the right perspective? If claims for clinical negligence have increased seven times, shouldn’t the government be looking at it from a patient’s point of view? Isn’t the problem more about trying to reduce the number of incidents of negligence by medical staff rather than tackling the “compensation culture” mindset of patients harmed by such negligence? I am sure patients would rather have competent doctors than having to sue an incompetent one.

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Personal Injury Solicitors
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No Win No Fee Solicitors

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No Win No Fee Solicitors: Jacob Ryderson is a contributing author at nowinnofeesolicitors.co.uk

Paul “Gazza” Gascoigne, the former England footballer, is recovering in hospital after being involved in a car crash on Sunday night (13 June 2010). Gascoigne is being treated at Newcastle General Hospital where he is believed to be recovering well. The 43 year-old was a rear passenger at the time of the accident which happened at Sandhill, Newcastle. The driver, a woman, was pulled out through a car window by rescuers. She was screaming quite loudly, obviously in some pain. There was a man in the front seat and Gascoigne was in the back of the car. Two men, including Gascoigne, and the female driver were taken by ambulance to hospital for treatment.

The ambulance service later confirmed that they were called to the scene and four ambulances were sent to assist the driver and three passengers.

Newcastle General Hospital have since confirmed that Gascoigne is indeed in hospital and had been brought in following a car accident.

A statement was also issued by the Police: “At 9.45 pm on Sunday, June 13, police were informed by the ambulance service of a collision involving a Vauxhall Astra at Sandhill, on the Quayside, Newcastle.”

A 36-year-old woman was later arrested on suspicion of drink driving. The accident happened just yards from the Tyne Bridge. It was reported that the car left the road, mounted the pavement and then smashed into a nearby road sign.

An eyewitness said, “The car came hurtling around a corner, very fast, lost control, and smashed into a taxi rank sign. I didn’t see any injuries or hear Gazza speak to anyone. He was put into the back of the ambulance and a police officer spoke to him for a little while. The front of the car was completely smashed in.”

Another man, thought to be from the nearby Chase Bar was quoted as saying, “I didn’t see the actual crash but I saw all of the aftermath. The taxi rank has been totalled so the car must have been going really fast. People have told me it was probably doing around 90 mph. The woman driver was pulled from the car and was lying on the pavement. I saw Gazza being taken from the back seat and put on to an ambulance stretcher. He was strapped in and had head support.”

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Personal Injury Solicitors
Free Solicitors
No Win No Fee

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Jacob Ryderson is a contributing author at nowinnofeesolicitors.co.uk

Beyonce Survives Taxi Crash

It has been reported that Beyonce, the American R&B recording artist, have had a lucky escape in what could have been a fatal road traffic accident. This happened when she was out for the evening with her husband Jay-Z. Apparently the two were heading to a Japanese restaurant ‘Zuma’ in Knightsbridge for dinner, but stopped by for a visit to nearby Harrods’. As Beyonce was getting out of her car, the opened car door got ripped off its hinges by a passing London taxi.

The taxi narrowly missed her by inches as it then collided with the singer’s silver Mercedes. An eye-witness was quoted as saying, “It was terrifying to watch. It all happened so quickly, the taxi came out of nowhere. She seemed very shaken and was lucky to be alive. A couple of seconds’ difference and God knows what could have happened.”

However, all seemed to have ended well. Later that evening, the singer appeared to be in good spirits: she was photographed laughing with husband Jay-Z.

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Personal Injury Solicitors    Jacob Ryderson is a contributing author at www.nowinnofeesolicitors.co.uk