UK Injury Compensation News

A North London Council has announced that it will be revising the frequency at which it inspects and repairs potholes in its streets in a bid to reduce pavement pothole injury claims.

Haringey Council´s decision to invest more money into maintaining its streets and pavements follows a seven-figure compensation settlement paid to Kyle Bullock earlier this year after the Australian charity worker suffered brain damage due to tripping and falling over a seven-centimetre pothole in the pavement on Lightfoot Road, Hornsey.

An investigation following the accident revealed that Haringey Council´s policy of inspecting its roads once every six months – and only attending to potholes of six centimetres depth or more – was producing a false economy; as the money that was being saved in road maintenance was being used to settle pavement pothole injury claims and insurance claims from motorists whose vehicles were being damaged by the poor condition of the road.

A spokesperson from Haringey Council announced that the roads within the borough would be inspected more frequently; with action being taken within six days (rather than the current twenty-eight days) on potholes with a depth of three centimetres or more. The improvements to the roads and pavements within Haringey are expected to be completed within six months at a cost of £109 million.

A student´s claim for a pedestrian hit by a car has been resolved in an out-of-court settlement which is believed to exceed £1 million.

Lee Edge (21) from Kings Heath in Birmingham made an injury claim for a pedestrian hit by a car through his mother – Sandra – after he was struck by a car when he was twelve years of age in January 2005.

Lee has suffered with poor memory, fatigue and difficulty concentrating since his accident, but achieved sufficiently high grades to attend college where he now studies Business Administration.

The driver of the vehicle that hit Lee was later convicted of driving without due care and attention at Solihull Magistrates Court in 2005, and a claim was made against the car driver´s insurers to compensate Lee for the trauma he had suffered.

The final out-of-court settlement of the claim for a pedestrian hit by a car has not been disclosed but, due to the nature of Lee´s injuries and the opportunities he has lost, it is anticipated that Lee will receive a settlement in seven figures.

A lollipop lady, who was run over by a female driver who then left the scene of the accident, has resolved her claim for hit and run injuries for a four-figure sum.

Karen Littler (49) from Wigan, Lancashire was helping children cross the road outside of the school she was assigned to in Ashton-in-Makerfield in March 2012, when she was knocked over by a Honda Insight driven by Ceris Lovett.

Ms Lovett failed to stop to see if Karen was alright and continued driving. A motorist, alert to what had happened, followed Ms Lovett and recorded her registration number before reporting it to Greater Manchester Police.

Karen was taken to Wigan Infirmary where she was treated for severe bruising down the left hand side of her body, while Ms Lovett was apprehended by police and later convicted of driving without due care and attention by Wigan magistrates.

Karen made a claim for hit and run injuries directly to Lovett´s car insurance company who, despite the conviction of their policyholder, failed to respond in an appropriate time frame to Karen´s request for compensation. Eventually Karen sought professional legal assistance and court proceedings were issued.

Karen has now received an undisclosed settlement of her claim for hit and run injuries.

A new court is to be established in Edinburgh which will deal exclusively with personal injury claims in Scotland in line which recommendations made in Lord Gill´s review of the Scottish court system.

The 2009 review found that personal injury claims in Scotland – which can currently be heard in the Court of Sessions if their anticipated value is in excess of 5,000 pounds – were taking too long to process and the system was becoming too expensive to maintain.

The news was greeted with general approval by trade union organisations and solicitors, who believe the new system will result in fairer and more consistent levels of personal injury compensation in Scotland when claimants have been injured in accidents at work, on the roads and in places of public access through no fault of their own.

Despite statistics showing no real increase in the number of personal injury claims in Scotland, one leading solicitor was quick to refute suggestions that the new court was needed because of a growing “compensation culture” in Scotland.

“‘Compensation culture’ is just a phrase that has been created to put people off making claims and save the insurance industry money” he said. “You don’t stop claims by preventing people who are injured seeking just redress. You stop claims by preventing accidents in the first place.”

Legislation next autumn is expected to confirm the establishment of the new court and it is anticipated that its venue will announced as Edinburgh´s Parliament House – where personal injury claims in Scotland are already heard by Court of Session judges, but who in future will be replaced with experienced Sheriffs.

Highcross Shopping Centre in Leicester is establishing a reputation as the most hazardous shopping centre in England, with four more shopping centre injury claims having been made since Gweneth Bowler successfully sued the shopping complex in December 2011 after fracturing her shoulder due to a slip on a wet surface.

Earlier this month, an unnamed Leicestershire woman was awarded 3,700 pounds after slipping and fracturing her ankle on the same access bridge between the shopping centre car park and the John Lewis store, while three claims remain outstanding due to slip injuries sustained in the shopping centre car park.

During Gweneth Bowler´s hearing in December, a Leicester City Council health and safety official had testified that the bridge´s surface represented a slip hazard due to poor drainage and inadequate cleaning. The recommendations of the council – including the improving the drainage system in the car park – were put into place earlier this year and no accidents have subsequently been reported.

Despite Highcross admitting liability for the two resolved shopping centre injury claims, no comment was available on the outstanding claims for shopping centre injury compensation – including a serious injury to a 40 year-old female shopper who required emergency surgery for a broken femur after a slip in the shopping centre car park.

The family of a father of two, who sustained brain damage when hit by a speeding car, has agreed a 300,000 pounds road accident injury compensation settlement with the negligent driver´s insurers.

Zahid Hussain (30) of Blackburn, Lancashire, was crossing the road near his home in March 2007 when he was hit by a silver Volkswagen Golf and was left fighting for his life after sustaining four fractures to his skull and swelling on the brain.

Although Mr Hussain has partly recovered from his injuries, he still suffers cognitive and psychological problems and has been forced to move from the family home in Blackpool to his parent´s home in London.

In the High Court in London, Judge Alison Hampton QC heard that the two parties had reached an agreement on the amount of compensation that should be paid and, approving the settlement commented that “I hope the money can be put to good use, and in the best interests of the claimant.”

A pensioner, who fractured his wrist when tripping over a pothole, has accepted an offer of 3,100 pounds in personal injury compensation from Basildon Council.

Terence Wakefield (78) from Wickford, Essex, was visiting his local market in June 2010 when he tripped over a three inch pothole in the street. Extending his hand to break his fall, Terence landed heavily on his wrist and broke it.

Mr Wakefield spent the following six weeks with his arm in plaster and had to have extensive therapy on the wrist when the plaster was removed – during which time he was unable to ride his bicycle or partake in many of his regular hobbies.

Terence brought a claim for personal injury compensation against Basildon Council, who were responsible for this section of the public footpath and, admitting liability for their negligence, settled Terence´s claim in the amount of 3,100 pounds.

Despite the settlement, it has been alleged by the victim that there are still twenty or more potholes in the vicinity of Wickford Market, and he knows of three similar claims against the council who are yet to fulfil their obligations and maintain a safe passageway for pedestrians.

A man, who sustained injuries to his legs when tripping over a sewer manhole cover, has won an undisclosed compensation settlement from Sheffield City Council.

Keith Unwin (62) of Gleadless, Sheffield, was walking across grassland to get to his garage in February 2010, when he tripped over a broken sewer manhole cover and badly injured his legs and shins.

Complaining to Sheffield City Council that the grassland was poorly maintained, Keith was told that the authority was not responsible for his injuries and was advised that an alternative footpath existed which he should have used to access the garage.

However after obtaining legal advice, and photographs of overgrown footpath which also suffered from broken street lighting, the authority admitted liability and agreed the undisclosed compensation amount.

A young boy, who was knocked down and injured on a pedestrian crossing, is to receive 14,000 pounds in compensation even though the negligent driver who caused his injuries is both uninsured and disqualified from driving.

Liam Brickell, (7) of the Wirral, Merseyside, was just three years of age when the accident happened. Liam and his mother were crossing a road near their home, when the motorist failed to observe a red traffic light and hit both of them.

Liam was badly bruised and sustained cuts all over his body. Many of the cuts have developed into permanent scars, including a six inch gash on the back of Liam’s head. Liam also suffered from frequent and painful headaches for six months following the accident.

The compensation, which is to be paid by the Motor Insurers Bureau, will enable Liam to have plastic surgery to remove the majority of his physical scars, but the psychological damage that was caused by this reckless driver may take much longer to heal.