Archive for the ‘Public Liability Compensation’ Category

Hip Replacement Injury Claim How Much? UK Average Compensation Payouts

Wednesday, August 3rd, 2016

Hip Replacement Injury Claim: UK solicitor explains the amount of compensation you can claim for a total hip replacement following an accident in a supermarket

HIP INJURY VICTIM QUESTION

I went out shopping with my husband at a local supermarket. We paid at the counter and were approaching the exit when my feet went from under me and I landed heavily full on my left hip.

The floor was tiled and was wet and there were no wet floor warning signs about the danger. My husband assisted me, called a member of staff from the store who in turn called an ambulance.

Whilst we were waiting for an ambulance wet floor signs were put out by supermarket workers and an entry was made in the accident book. We were told a customer had spilt some yoghurt on the floor earlier and the area had been mopped by staff, but signs had not been put out.

My hip was in great pain and when I got to hospital I was told that my hip was fractured in several places and a total hip replacement was necessary.

I was in hospital for several weeks and I have been unable to work since the accident.

Do I have a claim compensation from the supermarket and if so how much compensation can I claim for a total hip replacement?

SPECIALIST PERSONAL INJURY SOLICITOR RESPONSE

It seems clear from your description of the accident events that you would have a strong claim against the supermarket. The clear danger of a slippery wet tiled floor was caused by a supermarket worker who clearly failed to follow the correct procedure of putting out wet floor signs to warn customers to avoid the wet area.

An employer is responsible for the negligent acts of its workers through a legal doctrine known as vicarious liability and as such the claim would be made against the supermarket (and the supermarket’s insurers).

Compensation amounts for a total hip replacement

Personal injury compensation claims are divided into two parts: compensation for pain and suffering for the actual injury itself (fractured hip leading to a total hip replacement) and compensation for financial losses and expenses incurred as a direct result of your accident (including lost income, medical expenses, care and assistance in the home, travel expenses, etc.).

In 2016 examples of average compensation payouts for pain and suffering are:

Total hip replacement claim

The average payout amounts for a total hip replacement with no ongoing problems is between: £10,000 – £22,500

Hip replacement with small permanent disability

The amount of compensation you can claim if you are left with a small but permanent disability following a hip replacement is: £22,500 – £33,000

Hip replacement needing further surgery

If your hip replacement is unsuccessful and leads to disability which will require further surgery the average compensation payout you can claim is between: £33,000 – £44,000

Most serious hip injuries

Click hip injury compensation to see an article I have written with examples of how much you can claim for the most serious hip and pelvic injuries.

How to claim compensation for a total hip replacement

Should you wish to speak to me in person or need specialist solicitor assistance with making a hip replacement claim click total hip replacement compensation claim.

Swansea Swimming Pool Child Accident Claim: Scar Calf Leg Payout Amounts

Tuesday, September 17th, 2013

UK solicitor sets out how to claim compensation if your child suffers injury in a swimming pool due to a sharp broken tile cutting and scarring the calf on the leg

Swimming Pool Accident Victim Question

I went with my daughter to the local swimming pool in Swansea. My daughter went to the baby pool area and later came running to me with a deep cut in her calf, which was bleeding badly.

I reported the matter immediately to the life guard who called for assistance. My daughter was bandaged up and explained how the accident happened.

Just on the approach to the steps into the baby pool a wall tile had broken and there was a razor sharp edge revealed – my daughter had brushed past the wall on the way to the pool and this had badly cut her.

The accident was entered into the accident book and the tile was roped off so no one could get close.

I took my daughter to hospital where she had 4 stitches – the hospital said that it is likely that the cut would leave a scar.

The council who are responsible for the pall – phoned me the next day to apologize and explained that the tile was to repaired immediately as it was sharp and a danger to others.

Can I make a claim for my daughter as she is 10 years old and if so how much compensation is she likely to receive for a cut and scar to the calf on her left leg?

Public Liability Solicitor Response

As the council are the owners of the swimming pool they are classed as the occupiers of the swimming pool premises and as such owe a duty to visitors especially children.

The tile on the pool was broken and sharp and as such a danger to your child and others. It is unlikely that the tile just broke before your daughter had her accident – it is therefore likely the broken tile had been in existence for a period of time and the council are under a duty to correctly maintain the swimming pool and tiles as well as inspect them to ensure dangers do not develop.

It seems that council failed in the duty and allowed a defect to develop and go unrepaired.

The fact that the council immediately sectioned the tile off, accepted the dangerous nature of the tile in a subsequent telephone conversation and executed a prompt repair indicates that the council accepted that a defect did exist and that it was foreseeable that the defect could cause injury.

On this basis – I believed your daughter would have a strong claim.

As she is 10 years old she could not make the claim on her own behalf, but would have to provide instructions via a litigation friend – which you as her father could be.

The amount of compensation she could recover for her cut and scar is difficult to estimate in the absence of a medical report from an independent consultant. A solicitor acting on your behalf would instruct a plastic surgeon to examine your both your daughter and her medical notes to provide an opinion as to the exact nature of her injury and the extent of her scarring.

The scarring itself can take many different forms – all affecting the amount she could claim. For example the scar might be raised or indented, cause irritation, change colour in the cold or in the sun, be clearly visible from the distance. All of these factors will play a part in determining the average payout she could recover.

Once all the evidence is available and a suitable offer made – your daughter’s claim would have to be issued at court so that a judge could agree the sum of money as being sufficient and if so have the monies paid into the court’s fund office on your daughter’s behalf until she reached the age of 18 years and can access the compensation monies herself.

Free specialist solicitor assistance with your daughter’s swimming pool scar claim

If you would like to speak to me in person free of charge about your daughter’s swimming pool accident or commence a claim online click swimming pool accident scar on leg claim compensation payout amounts.

Shattered Ankle In Trip Accident Harrow London: Average Payout Amounts

Monday, September 17th, 2012

UK solicitor explains how to calculate the amount of compensation you can claim for a shattered ankle in a trip accident

Trip Accident Victim Question

I tripped in hole in the road in Harrow in London. I stumbled – my ankle went over on one side of ankle then on other side hit the ground then I smashed ankle off the kerb

A witness called an ambulance and I was taken to hospital, diagnosed with a broken ankle – surgery was required to have a metal plate and pins inserted in my ankle.

The hole in the road was approximately 3 inches deep. I am using a solicitor already to make a claim and the council have accepted liability.

How much is the average payout I can expect for a shattered ankle injury?

Trip Accident Solicitor Response

As you have a solicitor acting on your behalf that solicitor should have obtained a medical report from an independent orthopaedic consultant. The medical report should set out the exact nature of your injuries together with a prognosis setting out how long your symptoms will last into the future together with any permanent symptoms, restriction of movement in your ankle or disabilities.

Only an analysis of this report will give your solicitor the ability to provide an estimate of the amount of compensation you can receive for pain and suffering (general damages) and financial losses (past and future lost income, medical expenses, etc.)  for a shattered ankle injury.

Alternatively – your solicitor might obtain the opinion of a barrister who will study the most recent case law detailing shattered ankle injuries similar to the one you have suffered. In this was average compensation payouts can be calculated and provided to your solicitor in a document known as “a barrister’s opinion on quantum”.

To see examples of the amounts of compensation you can claim for a broken ankle injury in a trip accident click ankle injury compensation claim payout amounts.