June 22nd, 2009
A man who was left needing a lifetime of care after being injured in a car accident has been told that he is to be awarded compensation.
Ben Wilkinson, then 20, allowed his 23-year-old friend Kieran Fitzgerald to drive his car home from a takeaway, despite the fact that the man had been drinking.
He was a front-seat passenger when Mr Fitzgerald lost control of the vehicle, ploughing into the path of an oncoming car. Mr Wilkinson suffered multiple fractures and brain damage.
With the help of his family, he took legal action against his friend’s insurer – Churchill – and a judge at the high court has now ruled that the organisation must pay out to the victim.
Churchill has said it will appeal the decision.
Although compensation is usually claimed from the responsible party’s insurers, claims may still be made where this person is uninsured through the Motor Insurers’ Bureau, which was established in 1946.
Tags: Brain Damage, Car Accident, Churchill, Crash Victim, Fitzgerald, Fractures, Front Seat, Insurer, Kieran, Lifetime, Motor Insurers Bureau, Mr Wilkinson, Old Friend, Oncoming Car, Ploughing, Responsible Party, Seat Passenger, Takeaway, Victory
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June 9th, 2009
In what is being hailed as a landmark ruling, the former servicemen who took part in atomic testing in the 1950s have been given the go-ahead to sue the Ministry of Defence (MoD).
The 1,011 men claim that the weapons experiments left them exposed to radiation which later caused a range of ailments, including cancers and fertility problems.
Although the MoD argued that the tests had not contributed to their illnesses and that the claims had been made too long after the event, Mr Justice Foskett ruled this week that ten of the lead cases could go to full trial, paving the way for claims of up to £100 million.
Douglas Hern, secretary of the British Nuclear Test Veterans Association, described the breakthrough as "a major victory".
Similar to any other employer, the MoD has obligations to make sure that its employees have a safe environment to work in.
This includes proper training for all employees in equipment usage and general job requirements, suitable supervision and safe equipment.
Anyone who feels they have not been given this safe environment may be eligible for compensation.
Tags: 100 Million, 1950s, Ailments, Breakthrough, Cancers, Fertility Problems, Foskett, Hern, Illnesses, Landmark, Ministry Of Defence, Mr Justice, Nuclear Test, Paving The Way, Radiation, Supervision, Veterans Association, Victory, Weapons
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February 27th, 2009
A council has made a u-turn after originally telling a man he would not be eligible for compensation when a lorry hit his car.
Mark Jones’s vehicle was parked outside his home in December last year when it was hit by a refuse collection lorry, the Staffordshire Sentinel reports.
The workers left a note on the car to say who had caused the damage, which included smashed lights and crumpled bodywork.
However, when Mr Jones sent in a £2,000 claim for damages, he was told that he would not receive compensation because the road was icy.
He contested the decision and has now been told that he will receive compensation after all.
"After a review, it appears regardless of the ice this accident may have happened anyway due to the density of cars and narrowness of the road, so we have made an offer without prejudice," said a Stoke council spokesperson.
Mr Jones said he is pleased with the new development, which has been described as a victory for common sense.
Anyone whose vehicle is damaged by a council vehicle should keep photographic evidence and any written correspondence in order to support their compensation claim.
Tags: Bodywork, Car Mark, Cars, Common Sense, Compensation Claim, Correspondence, Damaged Car, Damages, Density, Lorry, Photographic Evidence, Prejudice, Quot, Refuse Collection, Spokesperson, Staffordshire Sentinel, U Turn, Victory
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January 20th, 2009
A man who suffered serious side effects after testing a new drug has won a compensation battle with its manufacturers.
Leslie Thomas, 75, was left emaciated, dehydrated and with an irregular heartbeat after taking Vioxx, the Telegraph reports.
The drug was licensed in 1999 in the UK and marketed as a safer alternative to the older style non-steroidal anti-inflammatories, which could cause gastric bleeding, the Guardian attests.
However, it was withdrawn when studies from the US found it could double the risk of heart attacks and strokes.
Although US victims had received billions of pounds in compensation, nobody in the UK had received a payout.
In a new development, Merck Sharp and Dohme have now dropped an appeal and have agreed to pay Mr Thomas £28,000 in an out-of-court settlement.
"I’m not happy with the sum of money but I’m thrilled at the principal. Now I’m hoping that my victory will enable others to take their case to court," he commented.
Merck Sharp and Dohme maintained that the case was unique and sets no precedent for other people affected.
Tags: Billions, Court Settlement, Drugs, Guardian, Heart Attacks, Irregular Heartbeat, Leslie Thomas, Merck, Merck Sharp And Dohme, Misery, Mr Thomas, Pensioner, People, Risk, Strokes, Sum Of Money, Telegraph, Victory, Vioxx
Posted in Clinical Negligence News | No Comments »
November 24th, 2008
A test case has taken place in the high court which ruled that people who contract asbestos-related cancer from work should still be allowed to claim compensation.
A number of firms facing legal action had argued that claims should be made against the policy of the insurer at the time of diagnosis, not against that at the time of exposure.
However, the case was dismissed after the judge ruled that mesothelioma sufferers and their families should still be able to claim compensation from their former employers’ liability.
A legal representative for one of the families which brought the case said the victory was "vitally important" in pursuing compensation claims, since most companies which exposed workers to asbestos are no longer in business.
If a person can prove they were exposed to asbestos at a place of work, they may be able to make a claim for compensation as a result.
Tags: Asbestos Cancer, Asbestos Compensation, Compensation Claims, Diagnosis, Employers Liability, Exposed, Insurer, Legal Representative, Mesothelioma, People, Test Case, Victory, Workers Compensation
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