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Hit and Run caught on camera
A pensioner from Hounslow in London, Mr Tilak Sharma, was crossing North Hyde Lane on the morning of 19th Jan 2011 when he was hit by a speeding driver. He was knocked into the air by the impact and witnesses believed he had been killed.
Mr Sharma stepped off of a traffic island in front of the approaching car. He didn’t see it coming because the car that hit him was being driven on the wrong side of the road.
By chance the incident was caught on camera by other road users who reacted swiftly and pursued and detained the driver until police arrived. A criminal prosecution followed and the driver was given a two year suspended sentence.
Mr Sharma remarkably was not killed but he did suffer multiple injuries and he was left with mental scars that now trouble him still. CTS won compensation for Mr Sharma for his injuries and his distress.
The driver denied responsibility for the accident right up until the emergence of the CCTV evidence and a big thank you must go to those public spirited individuals who helped Mr Sharma at the scene of the incident.
No contact but still a foul
CTS won damages for a motorcyclist in tricky case that was settled in court. Mark Shephard was injured road traffic accident involving a car and motorcycle where no contact was made between the vehicles.
The accident happened in the evening of 3rd December 2008 at the junction between Well Hall Rd and Broad Walk in South East London. Mr Shephard sustained injuries in the accident that kept him off work and unable to earn any money for three weeks prior to Christmas.
Mr Shephard claimed that he was caused to fall of his bike by the driver of a car pulling out recklessly into the stream of traffic in front of him. He says he took evasive action, breaking and swerving which resulted in his crashing to the ground.
Blame for the crash was fiercely disputed by the defendants insurer on the grounds that no contact was made between the car and the bike. The court found in favour of Mr Shephard awarding him damages for his loss of income on the grounds that experienced riders don’t just fall off their bikes.
Air stewardess wins compensation for rough treatment in hospital
CTS secured a compensation payment from an NHS trust for a client who suffered pain and distress at the hands of a doctor at East Surrey Hospital.
An air stewardess working out of Heathrow had surgery on a painful toe that developed complications during her treatment. A pin that had been inserted into the joint to straighten it was removed prematurely during a routine check by a doctor. The doctor allegedly ignored the patients cries of pain when he was removing the dressing in what she felt was an overly hurried and careless manner.
The removal of the pin four weeks before it was due to taken out caused her considerable pain and required further surgery to correct the damage. As an air stewardess she is required to be on her feet for most of her working day and the further injury to her toe kept her off work 6 weeks longer than scheduled.
CTS pursued the case despite advice from council suggesting there was a less than 50% chance of success. East Surrey trust made the compensation payment to the client but didn’t admit liability.
Damaged drain causes pensioner pain
CTS won compensation for a pensioner who fell over a broken drain cover in East London in 2009. Bridget Ferrick was sent sprawling when she stepped onto a defective manhole cover in Rawstone Walk in Plaistow. She sustained cuts and bruising to her face, legs and hands and has experienced daily pain in her back since the incident.
Ms Ferrick instructed CTS to claim damages from the local authority for her injuries. Newham council put up a strong defence for two years but lawyers investigating the case found that the council had been made aware of the defective drain cover by residents after an identical incident three months before Ms Ferrick was hurt. Since then the council had done nothing to rectify the problem.
The case was settled by the council after CTS issued court proceedings. Ms Ferrick is now delighted to be putting the hurt and anguish behind her.
A Family’s Life Shattered by Uninsarved Driver
A driver, who had failed to renew his car insurance and according to witnesses, failed to indicate when exiting from a mini roundabout, has devastated an entire family. The driver mowed down a 48 year old mother of three causing severe knee injuries and consigning her to a wheelchair. As a result of her injuries she has been left needing constant care for the rest of her life.
Before the accident, the woman was the sole carer for her 24 year old daughter who has a severe learning difficulty and who is extremely vulnerable. She has since been unable to look after her daughter as she is no longer able to walk without aids and is plagued by psychological problems. The responsibility has now fallen on her teenage daughter, who has been forced to abandon her education and her plans to go to University.
The legal process involved in claiming compensation from an uninsured driver is more complicated than usual, but senior lawyer Susan Harknett, from Claim Today’s serious injury team, was able to steer the family through to a successful conclusion thanks to her years of experience. The case was defended by the Motor Insurers’ Bureau (MIB), a compensating body for victims of uninsured and untraced drivers. Liability was denied at first, then later a paltry offer of £15,000 was made.
Subsequently, the driver’s former insurers were persuaded by the MIB to take over conduct of the claim and they offered £50,000 to settle the case, which the client rejected, following our advice.
The family pressed on with the case on advice from Susan and after a period of difficult negotiations, CTS were able to secure a settlement of £250,000 for the injured woman, for her injuries, her care and for the care of her dependents. Susan Harknett said, “This was a tragic case where a moment’s carelessness by an uninsured driver has ruined the lives of a whole family. I hope the settlement goes someway to healing their wounds.”
Hotel Forced to Face up to their Responsibilities
A hotel cleaning supervisor from West London has won compensation for a nasty facial injury she got whilst at work following a Trial at Brentford County Court. Alexandra Wolska was kneeling behind a heavy door checking the standards of her colleagues cleaning when one of her team entered the room. The door hit Ms Wolska full in the face leaving her stunned and bloodied.
The 35 year old, from Gorzow Wielkopolski in Poland, was rushed to hospital and found to have a fractured nose, cuts and soft tissue injuries.
She was left with severe headaches for weeks afterwards and permanent damage to her sinuses. She was unable to work for 4 weeks but her employer only paid her a few days sick pay.
Alexandra turned to CTS for help in getting compensation for her pain and financial loss. Her employer refused to accept responsibility for the accident and the case went all the way to court. The Judge at Brentford County Court agreed with CTS lawyer Vicky Blodwell that the health and safety procedures used by the Arora Hotel were inadequate and ordered them to pay the damages.
Alexandra said “I’m delighted with the result and it shows I was right all along”
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