Injury Claims Solicitors

Injury claims solicitors enable you to recover compensation when you or a loved one has suffered an injury in an accident due to the negligence of a person or persons who owed you a duty of care. Solicitors who provide legal representation in injury compensation claims look beyond the initial trauma that has been suffered and consider what the long-term implications of the injury may be – not only for you as the victim, but for those around you who may have to provide support for you through your recovery from an injury. To get specific, individual advice about compensation claims for an injury, call and speak directly with an injury claims solicitor

Holidaymaker Receives Settlement of Compensation for an Accident at a Ski Resort

Posted on: February 3rd, 2017

A holidaymaker, who broke his leg in a fall from a ski lift, has received a five-figure settlement of compensation for an accident at a ski resort.

In December 2010, Tom Giddens (25) from Solihull in the West Midlands was on a skiing holiday at the Val Thorens Ski Resort in Saint-Martin-de-Belleville, France. As the light was beginning to fade, Tom and a friend got on the ski lift in order to go up the slope for one final run.

The ski lift stopped 200 feet from the top of the slope – stranding Tom and his friend in temperatures of -16 degrees. After waiting unsuccessfully for the ski lift to start, Tom rang the emergency number for the ski lift operator, but only connected to a recorded message.

Fearing hypothermia, the two men decided to jump from the ski lift onto the snow below. Tom´s friend negotiated the jump without incident, but the impact of the fall shattered broke Tom´s leg. Fortunately help arrived quickly, and Tom was taken to Moutiers Hospital where he had a metal rod inserted into his leg to help the broken bone heal.

Five days after his accident, Tom was flown back to the UK, where he continued his recovery at the Good Hope Hospital in Sutton Coldfield. He was discharged on crutches and had to undergo eighteen months of physiotherapy. Tom sought legal advice and claimed compensation for an accident at a ski resort against the ski lift operator Societe D’Exploitation des Telepheriques Tarantaise-Maurienne.

The claim for compensation for an accident at a ski resort – made on the grounds that the ski lift operator had failed to adhere to safety standards – was initially contested. But, once court proceedings were issued in France, a settlement was agreed for an undisclosed five-figure amount. Speaking after his claim had been resolved, Tom said:

“It was terrifying being left up on that lift as it got darker and colder. We thought someone would have heard us calling for help but none came which is why we felt there was no other option than to jump for it. It wasn’t until my dad, who is a GP, came to visit me in hospital that I realised how lucky I’d been.”

Federation Concerned that Injury Claims for Cyclists will be Affected by Compensation Reforms

Posted on: December 22nd, 2016

The British Cycling Federation has raised concerns that compensation reforms being considered by the government will affect injury claims for cyclists.

In November, Elizabeth Truss – the Secretary of State for Justice and Lord Chancellor – announced the government was considering reforms in order to address the perceived compensation culture in the UK. One of the reforms under consideration is the raising of the “small claims” limit from £1,000 to £5,000.

The implication of raising the limit is that claimants making a personal injury claim for less than £5,000 will not be able to recover their legal costs. The measure is intended to “crack down on minor, exaggerated and fraudulent [personal injury] claims”. However, several organisations have voiced their concerns that the raising of the limit will prevent access to justice for genuine claimants.

One such organization is the British Cycling Federation. The Federation represents more than 100,000 cyclists in the UK, and it has produced figures showing that the majority of injury claims for cyclists fall within the proposed £5,000 limit. The Federation fears its members will lose their entitlement to legal representation and not pursue the injury compensation they are entitled to.

Martin Key – the Campaigns Manager for the British Cycling Federation – said: “The vast majority of injuries sustained in cycling incidents are valued at under the proposed £5,000 limit, meaning that – under the new proposals – any cyclist involved in an incident would find it very difficult to get legal representation and therefore to be adequately compensated for their injuries.”

The Federation is also unhappy that the consultation process has a January 6th deadline. According to Mr Key there is insufficient time (with the Christmas and New Year holidays falling just prior to the deadline) for raising all the issues that affect injury claims for cyclists. Nonetheless, Mr Key is confident that the Federation will submit a response before the deadline, and ask the Ministry of Justice to re-think both the proposed reforms and the consultation deadline.

Court Rules Woman Entitled to Compensation for a Fall from a Horse

Posted on: November 7th, 2016

The High Court has ruled that an eighteen-year-old woman, who broke her back in a horse riding accident, is entitled to compensation for a fall from a horse.

On 22nd September 2012, Ashleigh Harris (then aged 14 years) was encouraged to ride a thoroughbred racehorse by Rachel Miller – the mother of her then boyfriend – at the Miller family home in Malthern near Chepstow.

Although Ashleigh had considerable experience riding ponies, she had never before ridden a racehorse in an open field. After trotting the racehorse for five minutes, the racehorse broke into an “uncontrollable canter” on a downhill descent.

The racehorse started throwing its head and bucking, and Ashleigh was thrown from the saddle. Despite wearing body armour, Ashleigh broke her back when she fell and is now permanently paralysed from the waist down.

As soon as she turned eighteen years of age, Ashleigh claimed compensation for a fall from a horse against Miller on the grounds that there was a foreseeable risk of injury due to the racehorse being difficult to control.

Miller contested the allegations – claiming that she had sought permission from Ashleigh´s mother before allowing her to ride the racehorse. The case went to the High Court in London to be resolved, where it was heard by Judge Graham Wood QC.

At the hearing, Judge Wood found that Miller had made a serious error of judgement by encouraging Ashleigh to ride “a green, unresponsive and uneducated horse who, by her very nature, as a thoroughbred racehorse, would be strong, potentially wilful and difficult to control.”

Finding in Ashleigh´s favour, the judge added: “By positively encouraging Ashleigh to ride the horse and condoning, if not specifically instructing, a trot in an open field for the first time, Mrs Miller was exposing her to a risk of injury from a horse which could not be controlled in other than the most benign of conditions.”

Judge Wood adjourned the hearing for reports to be conducted into Ashleigh´s future needs. The outcome of the reports will determine how much compensation for a fall from a horse she is entitled to. Ashleigh´s lawyers believe that, due to the cost of Ashleigh´s ongoing specialist care, the final settlement of compensation for a fall from a horse could be several million pounds.

Holidaymakers Claim Compensation for Illnesses from a Contaminated Hotel Pool

Posted on: October 11th, 2016

Seventeen holidaymakers are claiming compensation for illnesses from a contaminated hotel pool following all-inclusive holiday on the Greek island of Zante.

The affected holidaymakers all stayed at the Marelen Hotel in the popular resort of Kalamaki during August this year. They allege that during their stay they suffered sickness and stomach cramps due to the hotel swimming pool being contaminated with Cryptosporidium – a microscopic parasite that is known to thrive in poorly maintained pools.

The claimants have alleged that conditions at the hotel were unhygienic, with several reporting faecal matter in the swimming pool. Other affected holidaymakers have said they saw staff cleaning the pool area with brushes, and then rinsing the brushes in the pool. None of the holidaymakers saw any deep cleaning of the pool or water testing being conducted.

One of the holidaymakers who believes she contracted an illness from the contaminated hotel pool is Rosanna Crowley (27) from Kettering in Northamptonshire. Rosanna was staying at the resort with her partner and two young children – all of whom suffered similar symptoms. She told her local newspaper: “As soon as I started feeling unwell I just knew it was bad. And then one-by-one we all came down with it.”

On the family´s return to Northamptonshire, they were examined by their GP. The cause of their illnesses was confirmed as Cryptosporidium and, due to the breeding habits of the parasite, her house had to be inspected by Environmental Health Officers. Now Rosanna and her family – along with the other affected holidaymakers are claiming compensation for illnesses from a contaminated hotel pool against the tour operator through whom the holiday was booked – Thomas Cook.

The solicitor acting on behalf of the claimants commented it was deeply concerning that this number of holidaymakers fell ill at the same time, at the same hotel. He added that the purpose of the claim for compensation for illnesses from a contaminated hotel pool was not only to recover compensation for those who had their holiday ruined, but also to ensure that steps are taken by Thomas Cook to ensure the same thing does not happen again.

Student Settles Injury Claim for a Cycling Accident due to a Faulty Bike

Posted on: July 6th, 2016

A third-year nursing student from Lincoln has settled her injury claim for a cycling accident due to a faulty bike for an undisclosed four-figure amount.

In the summer of 2013, Phyllis Bright and her boyfriend drove from Lincoln to the Upper Derwent Valley in the Peak District, and rented bikes from the Fairholmes Visitor Centre – intending to spend the day cycling around the countryside. Soon after the couple left the Fairholmes Visitor Centre, and started descending a steep hill, Phyllis realised that the brakes on her bike were not working.

Phyllis jumped from her bike to avoid hitting the stone wall of the Abbey Brooke Bridge and suffered multiple injuries due to landing on the tarmacked road. She was taken to the Northern General Hospital in Sheffield, where she received treatment for cuts and bruises to her chest, legs and arms, and a jaw injury. Due to the jaw injury, Phyllis was unable to eat without pain for two months, and she now has multiple scars as a reminder of her accident.

Phyllis sought legal advice and made an injury claim for a cycling accident due to a faulty bike against the Peak District National Park Authority. In her legal action, Phyllis alleged that the rental bike had not been correctly maintained or checked for safety before being provided for her. The Peak District National Park Authority admitted negligence and a four-figure settlement of the claim was negotiated.

Speaking with the Sun newspaper after her injury claim for a cycling accident due to a faulty bike had been settled, Phyllis said: “Realising I had no brakes halfway down a steep hill with a stone bridge at the bottom of it was a scary experience. I never thought I’d end the day in an ambulance on the way to hospital with cuts and bruises all over me. I’m glad I can now begin to put this all behind me and move on with my life after receiving a settlement from the park authority.”

Man Claims Campylobacter Food Poisoning Compensation following Moroccan Vacation

Posted on: April 26th, 2016

A man has made a campylobacter food poisoning compensation claim again First Choice Holidays after contracting the illness while on vacation in Morocco.

James and Paula Gratton stayed at the four-star Medina Gardens Hotel in Marrakech in March this year in order to celebrate James´ 51st birthday. A few days into the vacation, James started to suffer from the symptoms of food poisoning – a high temperature and stomach pains, accompanied by diarrhoea.

James´ symptoms worsened as the vacation progressed, and he was in considerable distress throughout the remainder of the vacation and during the couple´s flight home to Heanor in Derbyshire. Once home, James called the NHS Direct service who advised him to seek medical treatment at his local hospital.

At the hospital, James was prescribed medication to control his symptoms. However, the symptoms failed to ease off, and James had a stool sample tested by his GP – the sample testing positive for campylobacter – food poisoning usually caused by chicken that has not been prepared properly.

James consulted with a solicitor, and made a campylobacter food poisoning compensation claim against TUI UK Limited trading as First Choice Holidays – the holiday company through which James and Paula had booked their Moroccan vacation.

In his claim for campylobacter food poisoning compensation, James alleged that there had been a failure to adhere to acceptable standards of food preparation and storage, and it was this failure in the duty of care that led to him falling ill from food poisoning. An investigation has now started into the standards of food preparation at the Medina Gardens Hotel.

Speaking with his local newspaper about the claim for campylobacter food poisoning compensation, James said: “We booked this holiday as a way of celebrating my birthday and we’d been looking forward to it for a long time. But, in truth, it turned into a nightmare for both of us. I had to take some extra time of work to recover from the symptoms and I still don’t feel completely right.”

Council Found Liable in Cyclist Injury Compensation Claim

Posted on: April 4th, 2016

Scottish Borders Council has been found liable in a cyclist accident compensation claim and ordered to pay £100,000 for the injuries the cyclist sustained.

In December 1st 2013, David Robinson (52) was cycling with members of the Edinburgh Cycling Club northbound along the A701. As the team of cyclists approached the bridge crossing Biggar Water near the village of Broughton, the front wheel of David´s bike lodged in a metal groove in the road.

David was sent flying over the handlebars of his bike – fracturing his wrist and elbow. An investigation into the accident revealed that the groove was a joint between an old masonry arch that spanned the crossing and newer concrete deck widening that had been constructed in 1990.

The investigation also found that several parts of the joints used to connect the arch and concrete deck sat proud of the road surface, and that there was a small hole in the road immediately at the start of the groove in which David´s front wheel had lodged.

With this information, David made a cyclist injury compensation claim against Scottish Borders Council alleging that the council had failed to deal with a hazard that was, or ought to have been, “apparent to a competent roads engineer or inspector on a reasonable visual inspection”.

The council denied liability for David´s accident and injury – contesting the cyclist injury compensation claim on the grounds that the metal groove in the road did not constitute a defect and that there was no reliable evidence to support the allegations that the front wheel of the bike had actually got lodged in the groove.

The cyclist injury compensation claim went to the Court of Session in Edinburgh where it was heard by Lady Wolffe. The judge was told that the edges of the grooves would not have been exposed if tarmacking work carried out in May 2015 had been conducted properly and brought the rest of the road up to the level of the grooves.

The judge dismissed an argument by Scottish Borders Council that David should have been paying more attention to the road conditions, concluding that he was travelling with due skill and care, and there was no evidence to suggest David was riding his bike inappropriately.

Finding in David´s favour, Lady Wolffe said that Scottish Borders Council must pay him £100,000 in settlement of the cyclist injury compensation claim – an amount of damages that had been agreed prior to the hearing if the council were found at fault.

Court Awards Compensation for Slip and Fall Injuries at the Entrance to a Church

Posted on: March 24th, 2016

The Belfast High Court has awarded a sixty-six year old pensioner £60,000 compensation for slip and fall injuries at the entrance to a church.

Angela McCluskey was visiting St Malachy´s Chapel in Armagh in December 2010 to light a candle on the anniversary of her niece´s death when she slipped on ice on the path leading up to the church entrance. The former hospital cleaner and school dinner lady fell awkwardly, dislocating her knee and sustaining ligament damage as a result.

Angela was taken to hospital, where she underwent surgery for her injuries, and discharged some weeks later in a wheelchair. Angela´s home in Armagh was adapted to account for her impaired mobility and she has since moved to a single-storey bungalow which is easier for her to negotiate with the aid of a walking stick.

After seeking legal advice, Angela claimed compensation for slip and fall injuries at the entrance to a church against St Patrick’s Archdiocesan Trust – the authority responsible for the safety of visitors to churches in Armagh. The Trust denied responsibility for Angela´s injuries, arguing that the path on which Angela slipped had been salted the previous evening.

The claim was resolved in a recent hearing at Belfast High Court before Mrs Justice Siobhan Keegan. Judge Keegan heard that the Trust had no formal system in place to manage the church grounds at the time of Angela´s accident, but had been doing its best during a period of extremely inclement weather to keep the church open to visitors.

Judge Keegan found in Angela´s favour; commenting that although the path leading up to the church entrance had been salted the previous evening, it should have been checked on the morning of Angela´s accident to see if it remained a hazard. The judge told the court: “In my view the risk was clearly foreseeable considering the extreme weather at the time”.

The judge also rejected any suggestion of contributory negligence, saying that there were a number of measures that the Trust could have taken to prevent the risk of injury to visitors – even if it meant closing the majority of access points to the church and creating one dedicated path. Commenting that providing a safe route to visitors was not an “unrealistic standard of care to impose upon the defendant,” Judge Keegan awarded Angela £60,000 compensation for slip and fall injuries at the entrance of a church.

Family take Legal Advice about Costco Product Liability Claim after Hoverboard Fire

Posted on: March 4th, 2016

A family from Bradford has taken legal advice to see if they are entitled to make a Costco product liability claim for injuries sustained in a property fire.

In November 2015, Vinh Hung Chiem and Thu Tram from Wyke near Bradford bought their two children a hoverboard from the Leeds branch of Costco as a gift for Christmas. On January 15 – while the toy was plugged into an electrical socket to charge its battery – the hoverboard burst into flames, setting light to the family home.

Fortunately a friend of the children – Jibril Faris (11) – saw the fire start and raised the alarm. Jibril, Tony (9) and Karen (8) escaped from the fire with minor burn injuries. The children – with Thu, who was also in the house at the time the fire started – were taken to hospital where they were treated for their injuries.

The Chiem family home was completely destroyed in the accident and – according to Thu – the children still suffer nightmares. “The kids could have been killed. They all believed they were going to die in the fire. Everything was ruined in the fire… it’s turned our lives upside down” Thu told BBC reporters.

The West Yorkshire Fire Service conducted an investigation into the cause of the fire and confirmed Jibril´s story that the fire was started by the hoverboard. A spokesperson for the Fire Service commented the likelihood was that lithium batteries in the hoverboard had overheated and exploded or ignited.

Now the family has taken legal advice to see if it is entitled to make a Costco product liability claim against the store at which the hoverboard was purchased. Thu said: “We thought we bought a reliable product from a trusted retailer and we want to know how something with so much potential to cause this type of devastation was sold to us.”

The family´s solicitor commented that the family would appear to have a Costco product liability claim under the Consumer Rights Act 2015 if it is proven that the hoverboard was faulty. A spokesperson for Costco UK said: “This is a terrible tragedy and we are looking into this matter but we have no comment at this time.”

Bus Accident Compensation in Northern Ireland Almost £2 million in Five Years

Posted on: February 9th, 2016

The amount paid out in bus accident compensation in Northern Ireland amounted to nearly £2 million in the five-year period from April 2010 to April 2015.

Northern Ireland public transport services are run by Translink – a company responsible for operating Citybus, Ulsterbus, the Metro and Goldlink bus services and the NI Railway. In the five-year period from April 2010 to April 2015, the company paid out £1,647,000 injury compensation plus a further £301,000 compensation for material damage in bus accidents according to figures released by Regional Development Minister Michelle McIlveen.

Ms McIlveen was responding to an Assembly question from SDLP MLA John Dallat – who sits on the province´s regional development committee. Mr Dallat described the payouts of bus accident compensation in Northern Ireland as “horrendous” and said that the board of Translink needed to implement measures that would avoid bus accidents, and also review its policy on defending claims for bus accident compensation in Northern Ireland.

Translink issued a statement in which it said it was committed to delivering the highest safety standards for passengers and other road users. However, transport unions said that budget cuts were having a “devastating impact” on public safety. Last year the Department for Regional Development cut Translink´s budget by £13 million. Further cutbacks were made after the company recorded a £8.4 million loss.

A Translink spokesperson said: “It is important to put some context around these figures which cover a five-year period. The level of compensation paid out is less than 0.5% of our annual revenue, and more importantly, Translink’s annual level of compensation is also amongst the lowest paid out when benchmarked against other UK operators. We carry around 80 million passenger journeys every year and their safety is a top priority for everyone at Translink”.