UK Injury Compensation News

A man whose life was changed when he was run down by a car on holiday has had a settlement of compensation for injuries to a pedestrian approved in court.

James Kennedy (37) from Gosforth in Newcastle was on holiday in Rome with friends from university when, on January 14th 2006, he was hit by a car while crossing the Corso Vittorio Emmanuele in Rome´s ‘Eternal City’.

James suffered catastrophic brain injuries in the accident, as well as fracturing his skull, spine, knee and shoulder, and was in a coma for ten months in Rome´s Santo Spirito Hospital. He is now confined to a wheelchair and although described in court as ‘mentally acute’, James suffers with concentration, has a poor memory and requires around-the-clock care.

Because of his mental impairment, James made a compensation claim for injuries to a pedestrian through his mother – Elaine – against the insurers of the negligent driver. The insurance company contested the claim on the grounds that James had been wearing dark clothing on the night of the accident and had failed to look carefully before stepping out into the street.

However, a negotiated resolution was reached in October 2009, in which the negligent driver´s insurance company accepted 80% liability for James´ injuries and an interim payment of £885,000 was paid to James earlier this year.

The full settlement of compensation for injuries to a pedestrian is expected to be in excess of £10 million – as James is also to receive a further lump sum payment of £3 million and annual index-linked, tax-free payments of £210,000 to pay for the cost of the care and support he will need for the rest of his life.

At the High Court in London, Mr Justice Bean approved the settlement – which will be managed by the Court of Protection – and commented that James risked having a bigger percentage taken from the award for his contributory negligence had his compensation claim for injuries to a pedestrian gone to a trial.

A woman who slipped on water which had leaked from an air-conditioning unit while she was on holiday in Tenerife has been awarded £37,000 injury compensation for a slip on an air-con leak.

Sylvia McNicholl (49) from Coatbridge, North Lanarkshire, was on the first night of a family holiday at the Fanabe Costa Sur Hotel in Tenerife when her accident occurred in May 2008.

As she got up in the middle of the night to help her three-year-old son who wanted to go to the toilet, Sylvia slipped on water which had leaked from an air conditioning unit and fell, hitting her head on the door of a cupboard.

Sylvia was knocked unconscious by her slip on the water and needed stitches to close the head wound. However, the effects of her accident were not temporary and she still suffers from headaches and dizziness as well as losing some of her senses of taste and smell.

On her return to the UK, Sylvia sought legal advice, and found that she could make a claim for compensation for a slip on an air-con leak as the hotel did not have proper records regarding the maintenance of the air conditioning system as required under Spanish law.

The holiday company through who Sylvia booked the holiday – Thomas Cook – acknowledged their liability for her injury and the two parties agreed a settlement of £37,000 in compensation for a slip on an air-con leak to account for Sylvia´s pain and suffering at the time of the accident, the cost of the ruined holiday and a contribution towards her loss of earnings and ongoing care needs.

An Irish tourist, who sustained head and neck injuries when a poolside lounger collapsed while she was sitting on it, has been awarded 38,000 Euros in holiday sun lounger injury compensation by a court in Dublin.

The Dublin Circuit Civil Court heard how Mary Lee (74) from Navan, County Meath, was enjoying a week´s break with her husband at the Hotel Galeazzi in Brescia, Italy, when the sun lounger on which she was reclining collapsed, causing Mary to fall to the floor and hit her head on the concrete poolside.

As she sat up, Mary felt disorientated and dizzy, and was immediately taken to the local hospital in Brescia where she was diagnosed with severe soft tissue injuries to her head, neck and spine. Mary was prescribed painkillers at the hospital, but continued to suffer from the pain of her injury and was bedbound for the remainder of her holiday.

On her return to Navan, Mary visited her local GP and was prescribed stronger painkillers. Unfortunately the pains continued in Mary´s neck and shoulders and she was unable to pursue a normal life. After taking legal advice, Mary made a claim for holiday sun lounger injury against the travel agents through which she had booked her holiday – The Travel Department of Fitzwilliam Square, Dublin.

The Travel Department denied liability for the injuries Mary had suffered and sought to have the owners of the hotel brought into proceedings as third party defendants. However, at the Circuit Civil Court Judge Jacqueline Linnane found in Mary´s favour and awarded her 38,000 Euros in holiday sun lounger injury compensation.

A holidaymaker, who broke her leg and suffered head injuries when falling down a pool maintenance shaft while on holiday in Turkey, has been compensated by the holiday firm through who she booked her vacation.

Michelle Dragon (49) from Southend, Essex, had been holidaying with friends in the resort town of Marmaris in 2006, and was returning to her room at the Club Sarba Hotel when the accident happened. A shaft which was used for storage and pool maintenance had been left uncovered by hotel workers and Michelle – not noticing that the grill had been removed – fell down into the shaft, knocking herself unconscious and breaking her right leg.

As a result of her injuries Michelle spent ten days in a Turkish Hospital, during which time she underwent two operations in order to attach metal plates to her broken leg in order for her to travel home. On her return to the UK, Michelle underwent eight months of rehabilitation – having to learn how to walk again with a metal brace attached.

In 2008, Michelle was able to return to work – although only for 25 hours per week – but, in 2009, she had to undergo a further operation to take a bone graft from her hip to fuse her damaged ankle. At the time Michelle´s doctors feared that she may lose her leg, but Michelle recovered sufficiently to walk with the assistance of crutches.

After taking legal advice, Michelle sued the travel company through which she had booked the holiday – Goldtrail Holidays – and although they had gone out of business last year, a settlement was reached with their insurers for an undisclosed six-figure sum.

138 British holidaymakers who fell ill while staying at the 4 star Riu Miramar hotel in Obzor, Bulgaria, in July 2006 are to receive compensation from Thomson’ s Holidays after a four-year battle for justice.

The claim against the holiday giant had been made after guests were made to wade through mud and silt to get to the hotel reception, faced poor food hygiene and often suffered a lack of fresh water and electricity due to recent flooding.

The guests who became ill blamed their condition on the appalling standards at the hotel – with many suffering typical symptoms of food poisoning such as stomach cramps, sickness and diarrhoea. Complaints to the hotel management and Thomson’s representatives were ignored.

Thomson’s parent company, TUI UK Ltd, admitted liability just as a two-week trial was scheduled to start at Birmingham County Court and, although no amounts of individual compensation are yet to be agreed, Judge David Worster passed an interim order for 300,000 pounds to be paid into court.

A Bristol man has won his battle to receive adequate compensation from the Motor Insurers’ Bureau after sustaining horrific injuries in a road traffic accident in Spain’s Costa del Sol.

Clint Jacobs (47) from Chipping Sodbury, Gloucestershire, was on holiday with his family in the popular resort of Marbella, Spain, when he was struck by a car in a shopping centre car park.

Clint suffered terrible injuries – the ligaments and tendons in his left knee were completely torn away and his right leg was broken in twenty-five places

On returning to Bristol’s Frenchay Hospital, Clint endured four major operations in the following two months, including the insertion of metal bars in his legs and screws in his knee.

Clint was confined to a wheelchair and, as he was unable to work, his building and construction company went into liquidation. Clint and wife Claire had to sell their home, and Claire took the position of landlord in the nearby Boot Inn pub so that the family had somewhere to live.

As the Spanish driver responsible for Clint’s injuries was uninsured, Clint applied to the Motor Insurers’ Bureau for compensation, however was told that only Spanish levels of compensation would apply. These levels recognise the injury, but not the consequences – such as the loss of earnings – or any psychological trauma.

The couple took legal advice and appealed the decision and, after a three year legal battle, the Court of Appeal has ensured that Clint will be compensated at U.K. levels.

Although a final amount of Clint’s road traffic injury compensation has not yet been calculated, this ruling has positive implications for anybody injured in Europe by an uninsured driver.

A health and safety investigation has led to a 12 year-old Bristol girl receiving 5,000 pounds compensation, after she slipped and smashed her head into a glass door panel at the Purn Holiday Park in Bleadon, Somerset.

North Somerset Magistrates heard how Geoffrey Bass, Purn Holiday Park’s general manager, had failed to implement warnings made by health and safety inspectors prior to the incident in May 2009 in which the girl sustained serious injuries to her face and cuts across her nose and cheek.

The door against which the unnamed girl fell on her holiday at the park did not contain a safety material – such as laminated or safety glass – and the Magistrates heard how she had to undergo plastic surgery after the accident, and it is not yet known whether the deep red scar across her face will ever fade.

Despite improvements which have been made to the holiday park since May 2009, Mr. Bass was fined, ordered to pay costs and compensate the girl for her injuries.