Motorbike rider battles for compensation

November 13th, 2008

Motorbike rider battles for compensation

A man who was seriously injured in a motorbike crash has appeared at the high court to argue his case for compensation.

David Buchan, 25, crashed into a car driven by Mark Whiting as he turned into a car park.

Mr Buchan hit the other vehicle at 30-45 miles per hour, hitting his head and suffering irreversible brain damage which has left him unable to live on his own, the St Albans & Harpenden Review reports.

He also needed cosmetic surgery for lacerations to his face and treatment for a fractured leg and spine.

Mr Buchan’s legal representatives argue that the accident was Mr Whiting’s fault, but he denies any liability for it.

In turn, his lawyers argue that Mr Buchan was the "author of his own misfortune" since he was travelling too fast before the crash.

The case is expected to conclude later this week.

According to the Royal Society for the Prevention of Accidents, while the number of motorbike deaths fell in 2007, the number of people seriously injured on motorbikes rose last year. The organisation recommended better training for people riding such vehicles.


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Victory in compensation battle for brain damaged boy

October 27th, 2008

Victory in compensation battle for brain damaged boy

A nine-year-old boy has secured a compensation payout from the hospital where he was born and subsequently suffered from brain damage which led to cerebral palsy.

Ben Nutbrown was born at New Cross Hospital, owned by the Royal Wolverhampton NHS Hospitals Trust, the Express and Star reports.

However, there were complications during his delivery and as a result, Ben is now confined to a wheelchair and needs round-the-clock care.

This week, his legal representatives have secured a compensation payout from the NHS trust for an unspecified sum, although it is believed to run into millions of pounds in order to pay for his care in the long-term.

The trust did not admit liability for Ben’s injuries and declined to comment on the case.

Mr Justice Lloyd Jones commented: "It is a huge misfortune that Benjamin suffered the injuries he has, but I hope this settlement will assist in helping him make the most of things. It is clear that he is a very bright young man and he has got huge potential."

If sub-standard care during pregnancy or birth can be proved to have caused cerebral palsy, compensation can be sought to cover the costs of care to ensure an improved quality of life and financial security for the lifetime of the child.

Compensation for brain injuries will usually be more substantial than that for other injuries, since it must cover care if the victim is unable to look after themselves.
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Child receives ’substantial payout’ for brain injury

October 14th, 2008

Child receives substantial payout for brain injury

A young boy who was left severely brain damaged when he was starved of oxygen at birth has received a compensation payout from the hospital his mother claims was responsible.

Aidan Farley-Walsh, now nine, was born at Southend Hospital in 1999, but was left blind and with cerebral palsy after suffering "catastrophic" brain damage, the Essex Echo reports.

His mother Tina launched legal action, claiming that staff at the hospital should have delivered him by Caesarean section sooner.

Although the hospital denied liability, it has now agreed an out-of-court settlement with the family and its legal representatives.

Aidan has now been paid an undisclosed sum of compensation in the form of annual payments to cover his long term care.

If sub-standard care during pregnancy or birth can be proved to have caused cerebral palsy, compensation can be sought to cover the costs of care to ensure an improved quality of life and financial security for the lifetime of the child.

Usually, expert medical opinion will be required on the standard of care received and this will be based on clinical examination and the medical records of the mother and baby.
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