Holiday horrors - but a successful outcome

comercrawley recently successfully settled a claim for Mr D who suffered injury whilst holidaying in Dubai with his wife.

After a few days sightseeing Mr D and his wife decided that it was time to spend a fun day soaking up the rays in the hotel’s aquapark. Unfortunately one of the aquapark’s giant water slides was not working correctly and as a result Mr D suffered a nasty laceration and bruising injury to his coccyx which not only ruined the remainder of his holiday but also interfered with his ability to undertake his work as a self employed electrician on return to this country.

comercrawley were instructed and brought a claim against the UK tour operator responsible for organising the holiday. This is possible under the provisions of the Package Holiday Travel Regulations, which in essence makes the tour operator responsible providing at least two aspects of the holiday e.g. travel and accommodation are organised by the operator.

Initially the hotel in Dubai denied knowledge of the incident but comercrawley were able to obtain records of a medical attendance at the hospital and witness statements from fellow holidaymakers who confirmed that the incident had occurred. Ultimately the tour operator settled Mr D’s claim on the threat of issue of proceedings and Mr D recovered compensation for his injury, loss of earnings and his damaged holiday shorts!

Budding career back on track

Comercrawley were instructed by the parents of Simon who suffered serious lower limb injuries in a motorcycle accident which occurred in Bournemouth in November 2007.

The unusual feature of this case was that Simon was a budding race cyclist intent of breaking into the professional ranks. The accident could not have occurred at a worst time as Simon was on the point of being selected for a development team but because of his injury he was unable to train and cycle for many months and lost this opportunity.

Liability for the accident was denied by the other party and in consequence proceedings were issued. As soon as he was able Simon returned to his training and was eventually able to get back to race riding. For two year Simon battled to return to his former level of fitness and performance, because he had missed out on joining a development team the dream was funded by his parents.

Simon’s efforts were rewarded and in 2010 he managed to secure a place in a Belgium riding team. His claim has been concluded on a split liability basis and Simon has been able to recover some compensation for the injuries and loss that he suffered.

If Simon’s dedication and determination to return to professional cycling are any indication then he should have a glittering career before him as a pro cyclist.

Boot on the other foot

comercrawley acted for Mr G who was an agency worker and had been put into a food production company along with a number of fellow agency workers.

Mr G was injured in an accident during the course of his work when a heavy roll of plastic fell on his foot causing a painful crush injury to his great toe.

Prior to his accident Mr G had asked the management representative from the agency on site to provide him and his co-workers with safety boots. Had these been supplied then Mr G would not have suffered injury.

A claim was brought against the employment agency, but the agency tried to offload blame on to the business where Mr G was working. Proceedings were instituted against the agency for failing to provide the workforce with proper protective equipment and the claim was settled shortly after issue of proceedings. Mr G recovered compensation for his injury and the loss of earnings that he had suffered while unable to work.

Couple compensated for distress and trauma

A couple received 50 times more than initially offered for the trauma they suffered when a car wrecked their home of more than 45 years.
The accident occurred on 26 February 2007 when the defendant was driving through the village that 'Mr & Mrs Smith' live in. He lost control of his car and collided with their home, causing extensive damage.

The damage to the Smith's cottage was such that they had to move out for nine months while reinstatement works were carried out.

They initially stayed with their family, and then rented a holiday let before moving into a mobile home at their property while the building work went on around them.

Mr. & Mrs Smith's claim for repairs to their home was dealt with through their home insurance policy. They were advised, however, that there was no provision for compensation for the distress and inconvenience that they had experienced.

The couple contacted comercrawley and we advised them that they could pursue a claim against the driver's insurers, both for the distress and inconvenience and any other claim such as compensation for personal injury.

While Mrs Smith was not at home when the accident happened, Mr Smith was trapped in the house for about an hour after the collision, initially not knowing what had happened. While he was fortunate to escape physical injury, it became apparent afterwards that he was suffering quite severely from the psychological effects associated with the trauma.

These effects were noticed more by Mr Smith's family as he found it difficult to acknowledge the symptoms that he was suffering from, which included anxiety, lack of confidence and patience, difficulty in sleeping, becoming very emotional and tearful, and mood swings. He also become over anxious about a similar incident re-occurring and his family members being injured as a result.

Through pursuing a personal injury claim, Mr Smith benefited from expert advice from a consultant psychiatrist who diagnosed that he was suffering from a moderate to severe depressive disorder, and advised a course of treatment that included psychological therapy and medication.

We arranged for the insurance company to pay for the treatment, following which Mr Smith returned more or less back to normal. Following the treatment we negotiated a settlement of Mr Smith's personal injury claim that he was extremely pleased with.

The Smiths' claim for compensation for distress and inconvenience was initially rejected by the insurers, who initially merely offered the sum of £100 by way of a 'goodwill gesture'. The claim was eventually settled for a figure 50 times higher than that initial offer.

Mr & Mrs Smith have been extremely pleased with the outcome of their claims. Not only have they achieved good levels of compensation, but Mr. Smith has also received the treatment he needed to help him recover from the effects of the accident. It has been a pleasure dealing with Mr & Mrs Smith, and extremely satisfying to achieve such a positive outcome and to help them put the event behind them.

Diss man wins compensation from Adidas after Wayne Rooney-style injury

A Diss man won compensation from a leading sportswear manufacturer after suffering injuries from the same sort of high tech boot which caused Wayne Rooney to break his foot.
Mike Ellis, 46, was playing in a football match in Eye in 2007 when one of the studs snapped. His leg twisted and he ruptured his achilles tendon.

As a result his leg was cast and in a splint for 12 weeks and he subsequently had to undergo intensive physiotherapy.

After the injury, Mr Ellis sent his boots back to Adidas, the manufacturers, and they confirmed that they were faulty. He was offered £50 and a new pair of boots by way of compensation.

But he was unhappy with the offer and instead he consulted personal injury lawyers comercrawley of Diss. They commissioned a report from an independent medical expert and, after lengthy negotiations with the Adidas insurers and the beginning of court action, the case was settled for a four figure sum.

In a statement, Mr Ellis says: 'The original offer from Adidas was derisory, given the inconvenience, pain and suffering i went through for 18 months.

'They must have known that at the time, but fortunately my solicitor was able to achieve a much more equitable outcome.'

Emma Crawley is a director of comercrawley and a specialist in sports injuries. 'The problem with the design of boots arises with the demand for greater and greater performance,' she explains.

'Research into the stresses on an athlete's body show that the improved physique of the player, the increasingly technological design of the boot and the close weave of the pitches all place enormous stress on an athlete's bone structure.

'These days there is no 'give' in either the pitches or the studs, so you could say that the studs actually engage too well with the surface.

'As a result, all of that pressure will be put on the human skeleton, as illustrated by the Wayne Rooney injury and perhaps what happened to Luca Civelli at Portman Road.

'Their boots may not have been made by Adidas but they use the same kind of technology. In the case of Mike Ellis, it was the boot which suddenly gave way and all that pent up stress was released catastrophically.'

There is increasing concern over the futuristic design of sports footwear following injuries to high profile players such as Wayne Rooney and David Beckham, though major sportswear brands defend their products robustly. The boot which failed Mr Ellis was an Adidas Predator Pulse, and its designer is Craig Johnstone, the former Liverpool player.

In an interview with Reuters, the international news agency, he has admitted that: 'It's only a matter of time before a player gets so seriously injured that he sues a major sportswear company'.

The problem does not merely affect footballers. Already, tennis player Martina Hingis has filed a $40 million action against Italian sporstwear company Sergio Tacchini alleging poor design of the shoes she wore on court.

Suffolk pedestrian wins damages for road collision injuries

comercrawley helped a Suffolk man win damages for the significant injuries he sustained when he was knocked down close to his home.
Brian Harding, who is in his 70s, was struck by a car in a narrow lane near his home in Wetherden.

Mr Harding suffered very serious head, leg and internal injuries and was airlifted to West Suffolk Hospital by the East Anglian Air Ambulance.

He spent 10 days in intensive care and a total of seven weeks in hospital followed by two weeks of further rehabilitation. Although he can't walk as far or as fast as he used to, he has otherwise made a good recovery.

comercrawley was recommended to Mr Harding by a friend and he was delighted to learn of our sponsorship of the East Anglian Air Ambulance.

Ian Comer, director of comercrawley, said; "It was the initial treatment from the air ambulance doctor and the vital minutes saved that made the difference. It's thanks to them and the West Suffolk Hospital that Mr Harding has made such a remarkable recovery."

Young East Harling mother wins damages after head-on smash

A young mother from East Harling was awarded five figure damages for injuries she received when her car collided head-on with a van.

In 2006 Claire Seager, 32 at the time and on maternity leave from her job as a pharmaceutical technician, was returning with a friend and her children from visiting Planet Zoom in Dereham. On the Hingham Road near Great Ellingham a Mercedes van which was travelling in the opposite direction crossed the road and collided with her car.

Ms Seager was trapped and unconscious and had to be cut free by the emergency services, then airlifted by the East Anglian Air Ambulance to the Norfolk and Norwich hospital.

She had broken both arms and her right leg and underwent extensive surgery. She also suffered injuries to her back and various lacerations. Ms Seager spent three days in intensive care and remained in hospital for three weeks. When she left hospital she was confined to a wheelchair for six weeks, and had to undergo physiotherapy until the end of 2007.

Ms Seager has no memory of the accident, nor of anything after leaving Dereham before the accident until three days afterwards. Details of the accident were provided by witnesses.

During her time in hospital Ms Seager was separated from her baby daughter, Ella. She found she could not breast-feed Ella without assistance because she could not hold her, owing to her broken arms.

The inability to hold her baby even after discharge from hospital continued to cause Ms Seager great distress.

'I will never get that time back,' she says.

Although her injuries have healed she is left with conspicuous scars both on her arms and her leg. Her movement is still slightly restricted and she is not expected to make any further recovery, though she has been able to adapt. She has developed travel anxiety as a result of the accident.

She decided to seek damages for her injuries from the driver of the Mercedes. She approached Diss-based lawyers and personal injury specialists comercrawley. Director Emma Crawley, who managed her legal case, explains the circumstances of the damages award.

'This has been an enormously traumatic episode in Claire's life,' Emma Crawley explains.

'She had only just given birth to her child, so the horror of the accident had an especially big impact on her. It also interrupted what had been a precious time for her, the first weeks spent with her new child. So it has inevitably been an extremely traumatic period for her.

'Fortunately we were able to negotiate Claire's claim against the other driver's insurers without recourse to a trial.

'In spite of her injuries, in many ways Claire had a lucky escape because those injuries could have been much worse. She was fortunate in having the service of the East Anglian Air Ambulance, who may have made a difference in the long-term outcome by being able to get her to hospital that much quicker and so reduce any potential complications.'

Claire Seager was eager to acknowledge the part played in rescuing her from the accident by the East Anglian Air Ambulance. 'Although I have no memory of the circumstances of the collision or what happened afterwards, I'm aware that the situation was considered serious enough to call out the air ambulance,' she says.

'It's not generally recognized that the air ambulance is not paid for by the NHS and is entirely supported by charitable donations, so I consider myself very fortunate to live in a part of the country which enjoys such a marvellous service.'

20.08.2009