sample case of physical injury
Mrs W twisted her ankle on a defective speed hump. Both the High Court and the Court of Appeal were robust in defining injury as an actual physical injury and not a physiological change, thus eliminating scope for a line of claims of this type. Mr W sustained serious injuries, and changed his job as a result. The initial response from the van driver's insurers was that he did not hit her. With brand new cases covering both typical and rare issues, the readers can learn from the successes and mistakes of their colleagues. Ms H was involved in a car accident when her car hit a piece of wood on the road, causing her car to swerve and crash into a road sign. A payment into Court of £10,000 was made. He had to have several operations over several years including amputation of his left leg below the knee. Fault was subsequently conceded with an allegation of contributory negligence at 50%. The Claimant’s case included an allegation that the floor was not of suitable construction for the purpose for which it was used, contrary to regulation 12(1) of the Workplace (Health, Safety & Welfare) Regulations 1992, because it did not provide slip-resistance when wet. Once we had the medical evidence in-hand we negotiated a £100,000 compensation settlement for our client. Our client, a delivery driver, was securing the load on his truck when a strap snapped and hit him in the face. He was lucky in that he didn’t have to have several operations, but he had to endure intensive physio treatments. Our contact centre is open Monday to Friday 8:30am-7:00pm. He fractured an eye socket which required surgery. Mr H was injured in a cycling accident when he collided with a dog. Here we’ve created a sample demand for injury compensation from a fictional victim who suffered a whiplash injury in a rear-end collision. Mr M was moving a sheet of glass at work when it shattered. Our client Mr W was injured in a motorbike accident when he was in collision with a child who came off the pavement on a skateboard directly in front of him. Mr W was injured in an accident at work when his hand came into contact with machinery. His parents weren’t told that he may have suffered brain damage in the accident. The claim was settled for £8,000 compensation after the first offer of £2,000 was rejected. Our client was awarded £4,800 compensation. Let’s take a look at ten cases that are truly famous – if not infamous. that emotion may not always play a direct part in the healing of a physical injury, as many physical injuries are able to resolve with a prescribed form of treatment on a physical level. We submitted an Appeal and succeeded at the Hearing, when it was decided that Mr C was entitled to a full compensation award and the decision on the amount was adjourned to await further medical evidence. Mr K was involved in an workplace accident. Mr H had an accident at work when he slipped on ice. The content is presented in a format following the elements of patient/client management from Guide to Physical Therapist Practice, 2nd Edition („¦2001, APTA), the standard for physical therapy practice. For free legal advice call our Personal Injury Solicitors and we will help you. As a result of the car accident he couldn’t return to his job which required travelling. 2 The court doesn't necessarily have to use case law as a precedent, but it can often be used to help settle similar cases. Let’s look at a couple of examples of how car accident victims might experience pain and suffering. A claim was made to the Criminal Injuries Compensation Authority (CICA). March 28, 2014. We secured £65,000 compensation for the biker and £90,000 compensation for his wife. Ask if we can deal with your claim on a No Win, No Fee basis. Our client was working on a ladder when a co-worker caused the ladder to flip over and hit him on the head. Our contact centre is open Monday to Friday 8:30am-7:00pm. However, the other vehicle did not stop and we made and application to the Motor Insurers’ Bureau (MIB). The form has been sent successfully and one of our colleagues will be in touch as soon as possible. The MIB refused to make a compensation award and so we submitted an Appeal. Court proceedings were instituted and liability was conceded only 7 days before Trial. She required surgery to repair the damaged tendon, and was absent from work for 4 months following the accident. In some cases, you may wish to include a separate claim for intentional infliction of emotional distress. 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 compensation. Unconvinced with advice for surgery, he visited physiotherapy clinic after 8 days. Property damage claims for vehicle repairs are typically processed separately from injury claims, so the sample letter is focused only on our victim’s injury claim. Our client was injured when his car was hit in a head on collision by a car being driven on the wrong side of the road. As a result of the accident, he could no longer drive an HGV and had to accept work with lower earnings. She underwent surgical procedure to correct a subdural haematoma in the frontal lobe, resulting from a TBI. – The crime of slight physical injuries shall be punished: 1. The employers insurers repeatedly denied liability (fault). Following our representations they acknowledged fault, but did not accept that the injury was caused at work. To see other types of claims such as Road Traffic Accidents, see Examples of Personal Injury Claim Cases. Liability was denied, but Mr O succeeded at Trial. His head injuries included post-concussion syndrome. The insurers for the employer made a compensation offer of £1,500 which was rejected. The case was settled for £75,000 compensation one week before the case went to Trial. Examples of Pain and Suffering. The insurers for his employer denied liability (fault). After we started legal proceedings the case was settled for £45,500 compensation. However, Income Support was stopped because the Job Centre alleged that the Personal Injury Trust did not have such effect. However this case study seeks to describe and explain what occurred with a patient who had a ^simple _ orthopedic injury Mr O sustained a hernia in the course of his work, when removing a door from the roof rack of a van. Our client Mrs W received £2,750 compensation. Miss P was involved in an accident whilst driving her car, when she sustained significant personal injuries. Our client was a passenger in a car which crashed into another vehicle resulting in a serious injury to his left leg. His head injuries included post-concussion syndrome. For pain and suffering the insurers offered £1,250 compensation stating that should their offer be refused and proceedings instituted, then they would make a payment into Court for this amount. A case of physical injury. Liability was denied on the basis that the shop keeper had allegedly implemented appropriate safety measures and that Mrs S caused the fall herself. They offered a compensation award of £20,000. 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. The form has been sent successfully and one of our colleagues will be in touch as soon as possible. The offer was rejected. He suffered a blood blister which became infected and required further surgery. We secured an Interim Payment of £10,000 for our client as he had not been able to work for some time. Application was made to the Motor Insurers’ Bureau (MIB) 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. Mr B suffered an accident at work whilst lifting/dragging a piece of equipment; such that he sustained a hernia for which he underwent surgery. Personal Injury claims cases and accident claims law advice for a range of different claims. Let’s say that someone got into a car accident that caused multiple broken bones along with a severe concussion. After the surgery he suffered on-going problems with his vision and endured pain and headaches. The claimant stop the horses and sustained injury. These include road traffic accident claims, medical negligence cases and accidents at work case studies, including legal advice about personal injury compensation and levels of … This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose. He then had rehabilitation and physiotherapy but a CT scan later showed the possibility of an ongoing infection, so another surgical procedure was required. — The penalties established by the next preceding article shall be applicable in the respective case to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity. Mr C was assaulted, as a result of which he received a serious head injury. See Case Study. The insurers initially offered £6,000 but we eventually settled the case with our client being awarded £10,500 compensation. We pressed on with the claim and, following our detailed representations, a first offer was made of £3,100. Police Chase - Ankle Injury $50,000 Client was on his way to his brother’s home to pick up his son when he was violently rear-ended by a stolen vehicle being chased by the police. When someone else's purposeful action causes you harm, you might have a viable personal injury case. Miss H was involved in a car accident where she received a significant laceration to her face, however the defendant insurer denied the injury had been caused in the accident. Twitter. As a result of the car accident he couldn’t return to his job which required travelling. Mrs F was involved in a road traffic accident which resulted in spinal pain and bruising, post-traumatic stress disorder (PTSD) and specific phobia of driving. The ladder slipped causing him to fall onto the factory floor damaging his ankle. Dear PAO, I had a physical altercation with my former teammate. Then a further payment of £3,750 was made into Court. Application to the Criminal Injuries Compensation Authority (CICA) 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. Our Personal Injury Solicitors 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." At the time of her injury she was working as a senior manager in for a large bank. Liability was denied. So we started Court proceedings. Then a further payment of £2,500 was made into Court. A proposal for a Legal Expenses Insurance Policy was refused. Our client was working on a ladder when a co-worker caused the ladder to flip over and hit him on the head. Mr L was awarded £500,000 compensation a £65,000 increase on the first offer. Personal Injury Case Studies. The case went to trial and just before a judgement was handed down, the other side offered a compensation settlement of £1.5 million. Personal injury claims are complicated; there are many different steps to the process, including discovery. APP3037 Case Study 2 – Traumatic Brain Injury Miriam is a 35 year old woman living in the suburbs of Melbourne who suffered a traumatic brain injury in a head on motor vehicle accident (MVA) 12 months ago. His employer admitted liability for the accident as the rubber feet on the ladder were missing. in cases of physical personal injury and physical damage to . He had x-rays and his foot was put in plaster. 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. Mr B sustained an eye injury in the course of his work. The Council admitted responsibility for the site, but put Mrs W to strict proof of her injury. After our legal representations, the insurers admitted liability in full. While much less common than a simple claim for emotional distress damages, in some personal injury claims (particularly car accident cases ) you may be able to prove that the defendant was either "grossly" negligent or clearly intended to cause emotional distress as well as physical … Mr I was a passenger in a car accident when the car left the road and turned over. Case A. Following receipt of the report, the insurers offered £1,250 compensation. The case settled 4 weeks before Trial and Ms O received £17,800 compensation. We settled this case with our client being awarded £11,000 compensation. Court proceedings were instituted and liability continued to be denied. When our Serious Injury Solicitors investigated the case several years later, we discovered that a CT scan of the boy’s head taken at the hospital had shown evidence of brain damage. 1. 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. Physical injury means an injury that includes, but is not limited to, the loss of a limb or use of a limb; loss of a foot, hand, finger, or thumb, or loss of use of a foot, hand, finger, or thumb; loss of an eye or ear or loss of use of an eye or ear; loss or substantial impairment of a bodily function; serious visible disfigurement; a comatose state that lasts for more than 3 days; measurable brain or mental … Our client Mr B received £50,000 compensation. 2. Our client was a passenger in a car which crashed into another vehicle resulting in a serious injury to his left leg. Ask if we can deal with your claim on a No Win, No Fee basis. Court proceedings were instituted and settlement terms were reached 10 days before Trial. Our client received £5,175 compensation. Personal injury cases are ruled upon on an almost daily basis. Three weeks before the Trial Mr M was awarded £170,000 compensation. Mr C was a pedestrian when a car was deliberately driven at him. A case of 24-year-old kick-boxer with the history of a non-contact knee injury with minor complaints is an example of a difference in clinical findings and imaging. An offer was made of £35,000 compensation but this was rejected. “Article 266. Accident at Work Claim Cases £400,000 Compensation after Ladder Accident at Work. A settlement offer was then made of £11,000 compensation, which was increased to £16,500 with the comment that it would be withdrawn in not accepted within 7 days. The Motor Insurers Bureau (MIB) rejected her claim, so she asked us for help. He has referred her to an orthopaedic surgeon and to physical therapy. Our client was walking across the road when a car hit her and the driver of the car drove away. The insurers for the owner of the property denied liability (fault). Examples of physical or psychological injuries include injuries sustained followed a car accident or work related stress. An initial offer to settle the claim was made and, after negotiation, the claim settled for £20,100 compensation. Our Personal Injury Solicitors lodged an Appeal, which was granted with no reduction for fault on Mr L's part. From the case of Harwood v Haynes 1935 a rescuer who has suffered a physical injury as a result of the rescue attempt can have an action in negligence against the person who has caused the initial accident. A boy was riding his bicycle home from school when he was hit by a car. Our client Mr W received £35,000 compensation. Mrs C suffered injury in a workplace accident when a ladder fell on her; where she was responsible for Health & Safety. The impact caused a fractured ankle which required surgical repair. An injury such as a broken bone, laceration or burn injury can inflict immense physical pain and suffering on the patient. He received a laceration to his forehead and was left with a scar. It will also provide funds for his living expenses, physiotherapy and to adapt his home so he can live as independently as possible. On our advice, the offer was rejected and the matter proceeded to a full hearing at Court. This subs… 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. Art. https://www.nolo.com/.../damages-how-much-personal-injury-32264.html Court proceedings were instituted and Defence received. In the case of Haynes v Harwood, it was held that a rescuer can claim for physical injuries that he suffers. Our Personal Injury Solicitors took issue with the MIB's interpretation of the car accident circumstances and, following further detailed negotiations, an award was made of £40,000 compensation for our client. That is a pretty serious accident. MRI on the same day of his injury revealed the diagnosis of ACL and medial meniscal injury. The claim was rejected. When you’ve recovered from relatively minor injuries, you can probably negotiate your personal injury claim with the at-fault party’s insurance company on your own . Examples of illness and diseases include developing food poisoning whilst on a cruise ship or mesothelioma from working with asbestos. However the bottle was the one that was prone to causing harem and injury to the person using, in case the person is a bit negligent about the use of the bottle. The compensation was ultimately settled on a 25% liability basis. These kinds of claims are based on the theory of intentional tort.Injuries resulting from physical acts like assault and battery can form the basis of an intentional tort claim, but emotionally-harmful actions can too. Also see Examples of Accident at Work Claim Cases. He suffered very serious injuries and was taken to hospital. Our client Miss P received £30,000 compensation. Mr O was awarded £6,500, after reduction by 20% because he did not see a sign warning of the dog. Our client Mr H received £4,250 compensation. We therefore appealed the Job Centre's decision, which was successful. This was then reduced to 40%, and ultimately to 25%. This substantial amount of compensation will help him while he remains unemployed and receives further treatments. The following fictional case study discusses possible interventions for restoring physical and cognitive function during an in-patient rehabilitation program of a 65-year old woman who presented with a traumatic brain injury (TBI). The first offer of compensation we got from the MIB was £15,000. First, let’s take a more severe case. To see other types of claims such as Road Traffic Accidents, see Examples of Personal Injury Claim Cases. Ms O was knocked down by a van. The Council relied upon an entry in the hospital records, but it was Mrs W’s case that the entry had been wrongly made. Mr M was assaulted, as a result of which he suffered Post Traumatic Stress (PTSD) and left his employment. Mr N was injured in the course of his employment. After having surgery for a ligament repair his foot was put in plaster again. Personal Injury. Remember that, to establish a claim in negligence, a claimant needs to establish 1. To see other types of cases we've dealt with see. He had to have several operations over several years including amputation of his left leg below the knee. I was walking down Main Street on my way to the local post office. We obtained a Legal Expenses Insurance Policy and pressed on with the case. Twitter. Mr H received £9,700 compensation, an increase of £3,750 on the first offer. 265. Mr S was injured in a slip and fall accident in a shop. Facts: the claimant was a police officer who work in a busy street. Facebook. Our client received £4,500 compensation. Mr O went onto a premises by prearrangement, where he was attacked by a dog. His injuries were severe and included brain damage and orthopaedic injuries. We submitted an application to the Motor Insurers' Bureau (MIB), but the MIB refused to make a compensation award. In personal injury cases, one of the most common (and most important) parts of the discovery process is the deposition. Mrs J sustained a snapped Achilles tendon after stepping in a pothole (which she had not seen) and falling. Mr I consulted our Personal Injury Solicitors and, on our advice, he rejected the offer. After the accident he found it very hard to perform his role as a manager, and he had to give up his job. By The Manila Times. A personal injury can be substantially painful for a victim in a physical sense. 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 biker sustained multiple injuries and couldn’t return to work for over a year. Mr M sustained serious injuries to his head and arms when he fell from a third floor window. Liability (fault) was admitted by the defendant; however Mrs J was put to strict proof as to the accident circumstances and subsequent treatment. Mrs A was employed as a Passenger Assistant and suffered injury to her back due to the seating arrangements. The insurers for his employer offered £85,000 compensation, alleging that he was exaggerating and was fit to return to his job; which was vigorously disputed. The other drivers insurance company didn’t agree with our medical experts about the amount of compensation, so a Trial date was set, but we settled the case out-of-court with our client being awarded £515,000 compensation. Court proceedings were started following which the claim was settled at £32,650 compensation. Suing the Weatherman. It was alleged by her employer that she was 25% at fault for her injury. In hospital he suffered an epileptic seizure and had to be sedated while they treated his fractures. She is married to Jake who works as a logistics Email. There are varying degrees of injury that affect how much motion and sensation may be available in the arm, and in many cases, physical therapy can help retrain the affected muscles. Liability was denied by the insurers. The claim was settled with our client being awarded £300,000 compensation. The accident also caused our client to suffer from depression and PTSD. This case did not take place in this country, but it is one of the most famous examples of the lengths people would go to for compensation. The interesting point of this case is the focus on what qualifies as a physical injury. The offer was refused, Court proceedings were instituted and the payment into Court of £1,250 duly made. However, following our legal representations, this allegation was withdrawn. Mrs S slipped in the entrance to a shop and sustained injury to her back. Please note, if your enquiry is made outside office hours, we aim to contact you on the next business working day. Please note, if your enquiry is made outside office hours, we aim to contact you on the next business working day. Facebook. The defendant made an offer to settle the whole of Mrs J's claim of £5,500 and paid this amount into Court. A boy threw a stone to the defendant’s unattended horses and caused them to blot. Following our further representations, the MIB offered to settle the matter on a 50/50 liability basis, which they refused to increase. To see other types of cases we've dealt with see Examples of Injury Claims. 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 settled this case with our client being awarded £19,000 compensation. 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. Below are a few of the many successful Accident at Work (Employers’ Liability) cases dealt with by our Personal Injury Solicitors, showing the amounts of compensation awarded. The case eventually settled with our client receiving a total compensation settlement of £150,000. The Motor Insurers' Bureau (MIB) 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. Evidence was provided to support how the injury occurred, and the insurers eventually conceded. The person responsible for the accident admitted liability, and the case was settled out of Court. We submitted an application to the CICA Review Panel, and a payout of £67,200 compensation was made. Examples of complicated injury claims can include medical malpractice, injuries to children, or multiple at-fault parties. He suffered a severely broken leg and fractured his nose when his head hit the windscreen. Slight physical injuries and maltreatment. As a result of the incident, I sustained physical injuries. He was initially represented by another firm of Solicitors, who obtained an offer from the insurers of the other car driver for £15,000 compensation which would reduce to £12,500 if not accepted. Mr L was injured in a pedestrian accident when he was severely crushed by a lorry, which did not stop. It all … 3 Examples of Personal Injury Claims. Our client was walking on a pavement when a car mounted the pavement and hit our client causing multiple injuries. property 3 Understand the concept of public policy, particularly in the context of duty of care in negligence. Our client Mrs A then received £25,000 compensation. Email. When the driver of a car tried to turn in front of our clients’ motorbike, the car hit the bike, and our client and his wife riding pillion were thrown to the ground. The team physician suspects the patient has torn her anterior cruciate ligament and has prescribed crutches. There are many important case law precedents for personal injury claims which we have listed below. They then made an offer of £3,000 compensation with the comment that if not accepted then the offer would be withdrawn. Our client Mrs F received a total of £7,500 compensation. For free legal advice call our Personal Injury Solicitors and we will help you. After obtaining medical reports and collating financial losses, the case settled before Trial to determine the value of compensation. Mr H fractured his ankle as he was leaving a pub, when he stumbled on a defective paving stone. Sample Demand Letter for Personal Injury Jennifer St. Thomas 78 Biglow Way Reynoldsburg, Ohio 43068 DATE Global Insurance ABC Companies 89 Santa Monica Way Santa Monica, CA 90878 To Whom It May Concern, I am writing regarding a personal injury accident that occurred on DATE. Persida Acosta. By The Manila Times. His employer admitted liability for the accident but through their Solicitor disputed the value of the claim. Evidence was provided in support, and an offer was received of £1,100. However the product liability applies in the case of the product being defective at a point of time as undertakes the case of “strict liability”. Personal injury claims often aren’t given the appropriate amount of consideration as attorneys that specialize in personal injury cases can come off as hokey or insincere thanks to the one call that’s all commercials. The Appeal was allowed, albeit with a 25% reduction for fault on her part. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period. The insurers for his employer offered £6,000 compensation. This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose. See case study. We rejected this and settled the claim for £477,000 more than their first offer. Court proceedings were instituted and although the defence admitted the collision, liability was still denied. This pain could last days, weeks or months. Physical Pain and Suffering Examples. Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished by prision correccional in its minimum and medium periods, provided that, in the case of persons in authority, the deed does not constitute the crime of assault upon such person. The insurers then offered to settle liability on a 50% contributory fault basis. The insurers for the dog owner repeatedly denied liability. Liability for the accident was not disputed. Our client was required to use a ladder to carry out a task at work. However, we settled the case for £10,000 compensation. Essentially, discovery is a pre-trial procedure through which litigants can obtain relevant evidence from the other party. A 25-year-old female competitive field hockey player injured her right knee during a playoff game two days ago. His wife fractured her leg requiring surgery to insert a metal rod. March 28, 2014. 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Roof rack of a van in plaster his fractures advice for a ligament repair his was! The team physician suspects the patient has torn her anterior cruciate ligament and has prescribed crutches,!
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