Personal Injury
Our Experience

Below are details of some recent Personal Injury and Clinical Negligence cases which we have settled.

Road Traffic Accident

Our client was an infant who at the time of the accident was 8 years of age. He was a victim of a hit and run accident, and suffered a deep cut to his forehead which required stitches, loss of sensation in his forehead, minor cuts to his lip, chin and arm and also soft tissue injuries to his legs and arms. He also suffered psychological damages.

The driver was uninsured and so a claim was made to the Motor Insurer's Bureau (MIB), a system set up by the Government and funded by insurance companies to compensate victims of hit and run accidents.

After a medical and psychological report was obtained, our client received a settlement of £10,000. As the client was a minor at the time of the injury, the compensation will be paid into an investment account until he reaches the age of 18.

Injury at Work

Our client worked in a factory which produced brake disks. Unfortunately, our client was not provided with the appropriate safety glasses and a shard of metal from the brake disk made a glancing blow to his eye.

We were able to prove that the safety glasses supplied by the employer were inadequate, in that they failed to provide a secure seal around our client's eye.

We obtained evidence from an Eye Surgeon. Fortunately for our client he was only symptomatic for one week, yet recovered compensation in the sum of £1,200. Following this incident, our client's employers issued appropriate safety glasses to all employees.

Slip or Trip

Our client was enjoying a shopping trip with her family in a local shopping centre. As our client made her way into a shop, she tripped and fell over an item which had been left on the floor surface. She placed her hands out to save herself, but as a result she suffered a jarring injury to her shoulder. This resulted in pain and short term restriction of movement.

Expert evidence was obtained and our client required private treatment to remedy her continuing symptoms. An interim payment was sought to discharge private medical fees and our client ultimately recovered £22,000 and made a full recovery.

Asbestos and related injuries

Our client's husband contracted mesothelioma and due to the progressive nature of the disease, unfortunately died within a couple of months. At the inquest, the coroner decided that the condition was as a result of industrial disease.

Our client's husband had worked in a number of jobs during the course of his career, but those which involved asbestos were over 20 years prior to his death. Therefore, we conducted various searches of the company register and traced the relevant insurance companies so that the claim could proceed.

We are in the process of negotiating with the relevant insurance company for compensation for our client and her children for the death of her husband. We also advised our client to make a claim for Industrial Injuries Disablement Benefit on behalf of her late husband and subsequently to make an application for compensation under the Pneumoconiosis Workers Compensation Act. These benefits and a lump sum have helped our client to ease her financial situation pending the claim being settled.

Vibration White Finger (VWF)

Our client worked as a miner for a period of 5 years. He regularly used vibrating tools, including compressed air picks, wind picks and pneumatic hammers. He then changed jobs and went to work for the District Council, as a general labourer. This involved him using hand held grinders, stihl saws and windy picks.

Some years later our client noticed discomfort in his hands when working outside and picking up and moving equipment. He suffered from numbness and noticed the tip of his fingers changed colour and went pale. He was subsequently diagnosed with VWF and successfully claimed for damages against both his current and former employers.

Industrial Deafness

We recently acted for a client who worked as a print operator for British Polythene & Industries, British Visqueen and ICI between 1970 until his retirement in 1999. During the course of his employment with those companies he was exposed to excessive levels of noise. He did not realise that his hearing was impaired until he retired and discovered that his wife was complaining that he had the television on too loud, and that he was asking her to repeat herself in conversations.

Our client contacted us and we arranged for an audiogram, a specialist hearing test, which showed that he was suffering from industrial deafness. We entered into negotiations with the companies' insurers and the claim settled in the sum of £6,750.

Repetitive Strain Injury (RSI)

We currently act for a client who worked for a major bank/credit card company for over 20 years. She has carried out various roles within the company. The level of computer based work increased due to the advancement in technology, and subsequently, her working hours were spent sitting at a computer and using a mouse. The working environment was strict and emphasis was placed on achieving very difficult targets.

As a result of this our client developed work-related upper limb disorder (WRULD), with pain to her neck, arm and hand, which have been caused by the repetitive and restricted movements . We are currently pursuing a claim for personal injury and loss against her employers.

Industrial Asthma

We currently act for a client who was employed by a local factory as a packer. He used to pack various snack foods and during the course of his employment the company re-launched their products and slightly changed the flavour. As a result our client started having problems with his chest and had to gasp for breath at times. He was admitted as an emergency patient to hospital where it was discovered that he was suffering from asthma. He was later diagnosed as suffering from industrial asthma.

We are currently pursuing a claim against the company on behalf of our client. Provided that it can be established that the company exposed our client to chemicals that were dangerous to his health, then there are good prospects of successfully pursuing a claim on his behalf.

Bronchitis and Emphysema

We have acted for a number of clients in the region who were formerly employed by British Coal who contracted Emphysema whilst working down the mines. The government set up a scheme to enable Claimants to recover a set sum of damages depending on the nature of the injuries that they received.

We acted for a number of successful clients under the scheme who recovered damages ranging from £3,000 upwards. Although the scheme is coming to an end, it may still be possible for potential Claimants to make a claim direct against their former employer.

Cerebral Palsy and Birth Injuries

We acted for an infant client who was born with cerebral palsy. After checking the medical records and notes it was discovered that there was evidence that the child's brain had been starved of oxygen at birth. We instructed various medical experts to investigate the claim and they confirmed that the brain had indeed been starved of oxygen and that this was as a result of negligence on the part of the hospital.

We issued Court proceedings against the hospital, which were strenuously defended. However, shortly before trial, an agreement was made with the Defendant's solicitors whereby they agreed to pay 90% of our client's claim for damages. After obtaining further reports, the case settled out of Court for the sum of £2.9 million.

Hospital Negligence

Our client was admitted for elective surgery on the NHS for routine surgery. Four days after the operation, she became jaundiced and was transferred to a different hospital.

Further surgery took place, and the surgeon discovered that the first procedure had been negligently performed. The corrective surgery involved reconstruction and caused problems with indigestion, bloating and constipation. It also resulted in significant scarring, which caused our client to suffer from psychological problems.

Our client subsequently received compensation in the sum of £25,000.

GP Negligence

Our client was a child who suffered from severe impairment of her vision and hearing as a result of congenital rubella. Her GP had failed to arrange for rubella immunisation of her mother prior to our client being conceived. If the GP had done this, then our client would have been born free from the effects of congenital rubella.

The claim was contested, but shortly before trial settlement negotiations were entered into with the GP's defence association and damages of £400,000 were awarded to our client.

Gall Bladder Injuries

Our client was admitted to hospital where she underwent removal of her gall bladder. During the procedure the surgeon cut the common bile duct in error. As a result of this our client required major abdominal surgery, prolonged hospitalisation and further interventional procedures. She remained at risk of developing other problems as a result of the negligence.

This case was hotly disputed by the Defendants, who argued that the action of the surgeon was not negligent, but was a known risk of the procedures involved.

Shortly before trial, and following a meeting of the parties' experts, the Defendant's expert conceded that he was wrong, and we were therefore able to enter into settlement negotiations with the Defendant's solicitors.

Failed Sterilisation

Our client underwent sterilisation however, nine months after surgery she developed nausea and consulted her GP, who advised her that she was pregnant. An ultrasound scan at the hospital identified a 5 week old foetus, but there was no foetal heart beat. A scan was repeated a week later with the same outcome, and it was agreed that the foetus would be removed and a further sterilisation carried out. However two days before the operation, our client miscarried.

When the further sterilisation was carried out, it was discovered that the first sterilisation procedure had not been properly performed. After obtaining expert reports, settlement was negotiated and our client received compensation of £15,000.

Cosmetic Surgery Problems

Our client underwent a "nose job" on a private basis at the Cleveland Nuffield Hospital . Three weeks after the surgery, our client complained about the results and was told by the surgeon that she could have a further reduction of her nose, but advised that she should wait for 6 months. After the 6 month period, the surgeon said he could see no reason to carry out the surgery unless he was paid a fee. The surgeon failed to consult with our client properly, nor did he refer her for a second opinion when she raised concerns about the surgery.

The cost of the corrective surgery would be higher than the original surgery as the further surgery is technically more difficult because of the scarring. After negotiations our client accepted an offer of £8,500.