Personal Injury

Asbestosis Victim Aged 81 Wins Right to Compensation

Retired Carpenter Asbestosis Victim Aged 81 Wins Right to Compensation

Asbestosis is a terrible disease that blights thousands of lives and is, perhaps, made all the worse by the fact that it can take decades to develop. In a High Court case on point, an 81-year-old retired carpenter won the right to compensation more than 40 years after he was exposed to asbestos dust at work. The pensioner said that while employed by a building firm between 1979 and 1984, he was exposed to large amounts of asbestos dust that was impossible to avoid. He described blowing away dust so that he could see where to cut next when using …

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Helicopter Crash Ruling Highlights Risk of Suing the Wrong Company

Helicopter Crash Ruling Highlights Risk of Suing the Wrong Company

Companies within the same group frequently have almost identical names, but that does not detract from their independent legal personalities. As a High Court case concerning an offshore helicopter crash showed, that fundamental principle constitutes a trap into which the unwary persistently fall. The helicopter’s passengers and crew lost their lives after it fell into the sea whilst on its way back to the Brazilian mainland from an offshore oil platform. An investigation by the Brazilian authorities reported manufacturing defects in the helicopter which had, amongst other things, led to the catastrophic failure of its tail rotor blades. Following publication …

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Frontal Lobe Injury Victim Receives Seven-Figure Compensation

Frontal Lobe Injury Victim Receives Seven-Figure Compensation

Not all disabilities are obvious to the casual observer but their impact on day-to-day lives can nevertheless be devastating. In a case on point, a woman who suffered damage to the frontal lobe of her brain in a road traffic accident received seven-figure compensation. The woman suffered a closed head injury when a speeding driver collided with her vehicle. After action was taken on her behalf, the driver was ruled 50 per cent responsible for the accident. She has since endured classic symptoms of frontal lobe damage, including acute fatigue, lack of initiative, disinhibited behaviour and adherence to rigid routines. …

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Teenager Struck by Hit-and-Run Driver Due Massive Compensation

Teenager Struck by Hit-and-Run Driver Due Massive Compensation

Deciding where blame lies for road accidents is one of the more anxious tasks faced by judges, particularly if the victim is a child. That was certainly so in the case of a 13-year-old boy who was catastrophically injured by a reckless driver who was on the run from the police. The driver, who had an extensive criminal record, leapt into his car as police officers approached him and took off with the door open and wheels spinning. After turning a corner he struck the teenager, who was crossing the road. The boy suffered a brain injury which rendered him …

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Woman Wins NHS Damages to Cover Costs of Foreign Commercial Surrogacy

Woman Wins NHS Damages to Cover Costs of Foreign Commercial Surrogacy

A woman whose hopes of bearing children were stymied by medical staff’s failure to detect early signs of cervical cancer has won the right to substantial damages – including the reasonable cost of funding commercial surrogacy arrangements in California. The Supreme Court’s ruling on the case recognised a fundamental shift in the law’s idea of what constitutes a family and the urgent need for reform of UK surrogacy rules. Although the woman, then aged in her 20s, underwent a number of smear tests and biopsies, ominous signs were repeatedly missed. By the time her cancer was diagnosed, it was too …

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