Archive for June, 2013

Thanks to TV, Radio, Newspapers for Coverage

Friday, June 28th, 2013

Personal Injury Pal,  Coley & Tilley Solicitors‘ Personal Injury Department

wish to thank the following for the coverage following our record financial settlement:-

‘Multi-million pound compensation for crash victim’

(and anyone else who published the report)

ITV Wales (25 June 2013)

https://www.itv.com/news/wales/search/?q=multi+million+pound

 

BBC News Wales (25 June 2013)

https://www.bbc.co.uk/news/uk-wales-23046025

 

Birmingham Post – (27 June 2013)

https://www.birminghampost.co.uk/

 

Tivy-Side Advertiser (28 June 2013)

https://www.tivysideadvertiser.co.uk/news/10506780.Aberporth_man_receives_seven_figure_settlement/

 

BBC Radio Wales (25 June 2013) – Around 4.15pm

https://www.bbc.co.uk/programmes/b02zc9gl

 

Western Telegraph (28 June 2013)

https://www.westerntelegraph.co.uk/news/10506550.Multi_million_pound_payout_for_man_badly_hurt_in_2009_Pembrokeshire_car_crash/


 

 

News Article in Birmingham Post – 27 June 2013

Thursday, June 27th, 2013

Pictured, Anthony Hutchinson with wife Jo. words Liz Laidler 07740 872852.

 

Following on from our Blog ‘Multi million pound compensation for car crash victim’ we provide further photographs.

We have also reached the Birmingham press, see page 40 of this week’s Birmingham Post (27 June 2013).

 

 

Accident Claim Birmingham - Annmarie Wilde, Punk, Helen Powell and Jo

 

 

 

 

                        Punk & Jo

 

 

Annmarie Wilde, Punk, Helen Powell & Jo

Multi million pound compensation for car crash victim

Tuesday, June 25th, 2013

Birmingham law firm secures record financial settlement

Personal Injury Pal – Coley & Tilley Solicitors‘ Personal Injury Department

Legal experts at Birmingham law firm Coley & Tilley Solicitors have secured a record financial settlement for a west-Wales father who suffered catastrophic injuries in a 2009 road accident.

Anthony Hutchinson, known as ‘Punk’, was giving his brother a lift from Cardigan to Haverfordwest when a cattle trailer towed by a Land Rover Defender collided with his car.

The injuries Punk sustained in the accident left him confined to a wheelchair and needing round-the-clock care for the rest of his life.

Today, a judge at the High Court in Birmingham awarded Punk a substantial seven-figure settlement, including an annual six-figure Periodical Payment Order, to cover the costs of his care for life. The settlement is believed to be the largest ever secured in Wales.Accident Claim Birmingham - Punk outside court

Annmarie Wilde, head of personal injury at Coley & Tilley Solicitors, said: “We’re pleased with the ruling, which will now allow Punk and his family to concentrate on re-building their lives without financial worries about the costs of his care.

“The value of the settlement reflects not only the catastrophic nature of the injuries Punk received when the cattle trailer collided with his vehicle, but also the life-changing impact that these injuries have had on both Punk and his family.”

The accident occurred on the B4329 New Inn to Brynberian road on 23 November 2009, leaving Punk with catastrophic brain, cranio-facial, spinal, abdominal, upper- and lower-limb injuries. The funds will be administered by a Deputy appointed by the Court of Protection.

Jo Hutchinson, Punk’s wife and mother of their six year-old son, said: “We’re delighted with the ruling. Despite the good progress Punk has made with his rehabilitation, he will spend the rest of his life in a wheelchair and need 24:7 care for the rest of his life.Accident Claim Birmingham - Annmarie Wilde outside court

See below interview – leaving court 25 June 2013

Multi-million pound compensation for car crash victim’ – lead story on ITV Wales 6pm 25 June 2013
https://www.itv.com/news/wales/

/

 

 

https://www.bbc.co.uk/news/uk-wales-23046025

 

 

Contributory Negligence

Thursday, June 13th, 2013

When accidents happen, sometimes the injured person may find that they are partly to blame for it.  This is not however to say you are wholly to blame.  In the vast bulk of cases your opponent will bear the lion’s share of the blame.  If this happens you will still recover compensation but it will be reduced to take account of your “contribution” to the cause of the accident.  This is normally on a percentage basis such as 50/50 or 80/20.  The important thing is that you will still recover some compensation.

Examples

  • In a road traffic accident claim, if you do not wear your seatbelt then your damages may be reduced by a percentage if it can be shown that ‘had you worn your seatbelt your injuries would not have been as severe.’ 
  • If you are cleaning machinery at work whilst it is still running, your employers may be responsible for your accident for allowing this practice to take place, but your damages may be reduced by a percentage because you contributed to your own accident by not switching the machinery off first.

I dealt with an accident claim whereby two youths lifted a board off the ground intending to use it as a ramp for skateboarding.  One youth fell through the manhole which it was covering.  My client succeeded with his claim (the board should have been fixed down), but his damages were reduced by a percentage because he was partly to blame for his own accident by removing the board in the first place.

Accident Claim Birmingham - blind ladyA case where contributory negligence did not apply was when I represented a partially blind lady in an accident claim who tripped over a fallen down road sign which had been left in the road by contractors.  The works had been completed but they failed to remove the sign.  Contributory negligence did not apply here because my client could not see the road sign due to her poor eyesight.

The law

The law is found in The Law Reform (Contributory Negligence) Act 1945 which provides that:- “if any person suffers damage as a result partly of his own fault and partly of the fault of any other person… damages recoverable in respect thereof shall be reduced by such extent as the court thinks just and equitable having regard to the claimant’s share in responsibility for the damage.”

You may think that you cannot claim because you contributed to your own accident, but as you can see from the above examples you may still succeed in an accident claim, with a reduction for contributory negligence.

If you have had an accident and you think it is your own fault, it is always worthwhile giving us a call so we can advise you properly.  It may be that you can still recover some damages.

 

Solicitors do have their off days… Here are some true stories!

Thursday, June 6th, 2013

Trials are always unpredictable

I was at the court trial of an accident claim and my client was giving evidence.  We had arranged an interpreter for her as she did not speak English. It was not long before we realised the interpreter was not interpreting what our client was saying; he did not understand her. You never quite know what will happen at a court trial and this was a classic example.  The trial was postponed, but fortunately the parties managed to reach a settlement.

 

Never too old to learn

Accident Claim Birmingham - teacher markingA teacher client of mine was checking through his statement in relation to his accident claim.  He proceeded to take out his red pen and marked the statement, correcting punctuation and spellings.  It was like being back at school.

 

 

 

 

Lassie Come Home

Accident Claim Birmingham - LassieA stray dog was running over the main road in danger of being knocked down, so we took him in the office.  We fed him, bought him a lead and kept him at work until the dog catcher arrived.  It was a happy ending as the dog was reunited with the owner.  Unfortunately, we do not represent dogs in accident claims in Birmingham.

 

Judges are human

I was at a hearing for an accident claim in court when the Judge’s mobile phone went off. He apologised. You would think that was bad enough, but he proceeded to take the call.  When he ended the call the Judge apologised again, chuckled, and said he was setting a bad example!  I wonder if he would have been so amused if my client had done the same!