Examples of Injury Claims

Increase For Passenger's Compensation Following Car Accident From £12,500 To  £32,650

 

Mr I was a passenger in a car which left the road and turned over.  He was initially represented by other Solicitors, who obtained an offer from the insurers of the car driver of £15,000 which would reduce to £12,500 if not accepted.

Mr I consulted us and, on our advice, he rejected the offer.  Court proceedings were commenced, following which the claim was settled at £32,650.

 


Car driver awarded £30,000, after initially being rejected

 

Miss P was involved in an accident whilst driving her car, when she sustained significant personal injuries.

However, the other vehicle did not stop and Application was made to the Motor Insurers’ Bureau.

The MIB refused to make an award and so we submitted an Appeal.

 

The Appeal was allowed, albeit with a 25% reduction for fault on her part. Miss P received £30,000.

 


Pedestrian awarded £19,000 after a car was driven at him, having initially been rejected and with increased settlement by £8,000

 

Mr C was a pedestrian when a car was deliberately driven at him. Application was made to the Motor Insurers’ Bureau who took the view that Mr C did not sustain injury as a consequence of a road traffic accident and they declined to deal with the claim.  Following our further representations, the MIB offered to settle the matter on a 50/50 liability basis, which they refused to increase.Court proceedings were instituted.

 

An offer was then made of £11,000, which was increased to £16,500 with the comment that it would be withdrawn in not accepted within 7 days. The case was settled at £19,000.

 


£45,500 for accident at work, with increased settlement by £39,500

 

Mr K was involved in an Accident at Work.

The insurers for his employer offered £6,000. They then increased the offer to £10,000, which was withdrawn upon our declaring that we were going to obtain a Report from an Employment Consultant.

The claim was settled after proceedings at £45,500.

 


£25,000 awarded after allegation of partial fault was defeated

 

Mrs A was employed as a Passenger Assistant and suffered injury to her back due to the seating arrangements.

It was alleged by her employer that she was 25% at fault. However, following our representations, this allegation was withdrawn. Mrs A received £25,000.

 


£5,175 compensation for hernia

 

Mr O sustained a hernia in the course of his work, when removing a door from the roof rack of a van. The Insurers repeatedly denied liability. Following our representations they acknowledged fault, but did not accept that the injury was caused at work. They then made an offer of £3,000 with the comment that if not accepted then it would be withdrawn. The offer was rejected.

 

Mr O received £5,175.

 


Pothole trip results in £7,500

 

Mrs J sustained a snapped Achilles tendon after stepping in a pothole (which she had not seen) and falling. She required surgery to repair the damaged tendon, and was absent from work for 4 months following the accident.

Liability was admitted by the defendant; however Mrs J was put to strict proof as to the accident circumstances and subsequent treatment. The defendant made an offer to settle the whole of Mrs J's claim of £5,500 and paid this amount into Court. On our advice, the offer was rejected and the matter proceeded to a full hearing at Court.

The Judge found in favour of Mrs J and awarded her £10,000, reduced by 25% to take into account contributory negligence for not looking where she was walking; so Mrs J received £7,500.

 


Stumble leads to £4,250 compensation

 

Mr H fractured his ankle, as he was leaving a pub, when he stumbled on a defective paving stone. The brewery denied liability, arguing that the premises were safe, implicating Mr H in an altercation and that it was he who was at fault.

Proceedings were instituted and settlement terms reached 10 days before trial.

 

Mr H received £4,250.

 


Speed bump trip results in £2,750 compensation

 

Mrs W twisted her ankle on a defective speed hump. The Council admitted responsibility for the site, but put Mrs W to strict proof of her injury. The Council relied upon an entry in the hospital records, but it was Mrs W’s case that the entry had been wrongly made.

Proceedings were instituted and liability was conceded only 7 days before trial.

Mrs W received £2,750.

 


£4,500 compensation for hernia

 

Mr B had an Accident at Work, whilst lifting/dragging a piece of equipment; such that he sustained a hernia for which he underwent surgery.

Liability was repeatedly denied on the basis that Mr B was in charge of the site, there were alternative methods available to him, it was he who selected the equipment, the equipment was appropriate and it had been used for many years without any problems.

We pressed on with the claim and, following our detailed representations, a first offer was made of £3,100.

 

Mr B received £4,500.

 


£17,800 compensation after pedestrian knocked down, with increased settlement by £7,800

 

Ms O was knocked down by a van. The initial response from the van driver's Insurers was that he did not hit her. Proceedings were instituted and although the Defence admitted the collision, liability was still denied.

A payment into court of £10,000 was made. The case settled 4 weeks before trial and Ms O received £17,800.

 


Assault results in £67,200 award, having initially been rejected and with increased settlement by £66,100

 

Mr M was assaulted, as a result of which he suffered post traumatic stress and left his employment.

A claim was made to the Criminal Injuries Compensation Authority. The claim was rejected. Evidence was provided in support, and an offer was received of £1,100.

 

We submitted an application to the CICA Review Panel, and an award of £67,200 was made.

 


Assault results in £500,000 award, having initially been rejected.

 

Mr C was assaulted, as a result of which he received a serious head injury.

Application to the Criminal Injuries Compensation Authority was completely rejected upon both the initial Application and Review, on the basis that his injury was not directly attributable to a crime of violence.

We submitted an Appeal and succeeded at the Hearing, when it was decided that Mr C was entitled to a full award and the decision on the amount was adjourned to await further medical evidence.

A Hearing took place to determine the value of the award, which was made at the maximum which the CICA can pay of £500,000.

 

We set up a Personal Injury Trust, the effect of which is to ringfence the value it contains and to keep compensation outside the scope of the state benefits means test. However, Income Support was stopped because the Job Centre alleged that the Personal Injury Trust did not have such effect. We therefore appealed the Job Centre's decision, which was successful.

 


Motorcyclist injured by child on skateboard received £35,000

 

Mr W was involved in a Road Traffic Accident. He was a motorcyclist who was in collision with a child who came off the pavement on a skateboard directly in front of him.

Liability and the value of the claim were both in dispute and it was decided that a trial on liability would take place first of all.

At the trial on liability, the Judge found in favour of Mr W without any deduction for contributory negligence as had been alleged by the other side. Mr W sustained serious injuries, and changed his job as a result.

After obtaining medical reports and collating financial losses, the case settled before trial to determine the value of compensation. Mr W received £35,000.

 


£40,000 awarded after a car struck a piece of wood, with increased settlement by £20,000

 

Ms H was involved in a Road Traffic Accident when her car struck a piece of wood, so causing the car to swerve and impact into a sign.

The Motor Insurers' Bureau referred to conflicting versions of the accident events, that it was not clear whether she had over-reacted to the situation and if the wood had been deposited by a negligent driver. They offered an award of £20,000.

 

We took issue with the MIB's interpretation of the accident circumstances and, following further detailed negotiations, an award was made of £40,000.

 


£20,100 for facial laceration

 

Miss H was involved in a Road Traffic Accident.

She received a significant laceration to her face, however the defendant insurer denied the injury had been caused in the accident.

Evidence was provided to support how the injury occurred, and the insurers eventually conceded.

An initial offer to settle the claim was made and, after negotiation, the claim settled for £20,100.

 


£9,700 for cyclist who collied with dog

 

Mr H was riding his bicycle when he collided with a dog. The Insurers for the dog owner repeatedly denied liability.

We obtained a Legal Expenses Insurance Policy and pressed on with the case. The Insurers then offered to settle liability on a 50% contributory fault basis. The compensation was ultimately settled on a 25% liability basis.

 

Mr H received £9,700, an increase of £3,750 on the first offer.

 


£4,800 received for accident at work due to falling ladder

 

Mrs C suffered an accident at work, when a ladder fell upon her; where she was responsible for Health & Safety. Liability was denied. Fault was subsequently conceded with an allegation of contributory negligence at 50%. This was then reduced to 40%, and ultimately to 25%.

Mrs C received £4,800.

 


Dog attack brings £6,500 compensation

 

Mr O went to premises by pre-arrangement, where he was attacked by a dog. Liability was denied, but Mr O succeeded at trial. Mr O was awarded £6,500, after reduction by 20% because he did not see a sign warning of the dog.

 


£11,000 compensation after injury to hand at work, with increased settlement by £9,500

 

Mr W was injured in an Accident at Work when his hand came into contact with machinery. The insurers for the employer made an offer of £1,500, which was rejected, and we put a counter-proposal of £11,000 which was also rejected with the comment: "We are clearly miles apart in the valuation of your Client's damages."

The case was settled at £11,000.

 


£7,500 for road traffic accident

 

Mrs F was involved in a Road Traffic Accident which resulted not only in spinal pain and bruising but also post-traumatic stress disorder and specific phobia of driving. Liability was not disputed. For pain and suffering the insurers offered £1,250 stating that should their offer be refused and proceedings instituted, then they would make a payment into court for this amount. The offer was refused, proceedings instituted and the payment into court of £1,250 duly made. Then a further payment of £3,750 was made into court. Then a further payment of £2,500 was made into court.

 

Mrs F received £7,500.

 


£8,000 for facial laceration, with increased settlement by £6,000

 

Mr M was moving a sheet of glass when it shattered. He received a laceration to his forehead and was left with a scar.

The claim was settled at £8,000; after a first offer of £2,000.

 


£10,000 for slip at shop

 

Mrs S slipped in the entrance to a shop and sustained injury to her back. Liability was denied on the basis that the shop keeper had allegedly implemented appropriate safety measures and that Mrs S caused the fall herself. Court proceedings were instituted and Defence received.

However, the case was settled at £10,000.

 


Accident at work leads to £75,000, with increased settlement by £73,750

 

Mr N was injured in the course of his employment.

A medical report was prepared by the Consultant nominated by the insurers for the other side. Following receipt of the report, the insurers offered £1,250. We objected to the conclusions of the Consultant and obtained reports from a Consultant nominated by us.

The case was settled, one week before Trial, at £75,000.

 


Road traffic accident results in increased settlement by £18,000

 

Mrs M was involved in a Road Traffic Accident. She first went to Solicitors who recommended she accept £2,000.

 

Having consulted us; settlement was reached, after the institution of proceedings, at £20,000.

 


Fall from third floor window leads to £170,000

 

Mr M sustained serious injuries to his head and arms when he fell from a third floor window. The Insurers for the owner of the property denied liability.

 

Three weeks before the Trial date a payment into court was made and Mr M received £170,000.

 


£10,500 for accident in shop

 

Mr S was involved in a slipping accident in a shop.

Liability was denied by the insurers. A proposal for a Legal Expenses Insurance Policy was refused.

After our representations, the insurers admitted liability in full.

 

The insurers offered £6,000. The claim settled for £10,500.

 


£500,000 awarded to pedestrian crushed by a lorry having initially been rejected, with increased settlement of £65,000

 

Mr L was a pedestrian and severely crushed by a lorry, which did not stop.

Application was submitted to the Motor Insurers' Bureau, but the MIB refused to make an award.

We lodged an Appeal, which was granted with no reduction for fault on Mr L's part.

 

Mr L was awarded £500,000, a £65,000 increase on the first offer.

 


JWK can help you. Get in touch today

Do you have a question or would you simply like some more information? You can contact JWK Solicitors on 01524 598300 between 9am to 5pm every weekday or use our enquiry form.