Derby injury lawyers

McIntosh Fleming Lawyers, specialise in no win, no fee accident claims, and we guarantee that you keep all of your compensation without any deduction for our charges. Get in touch with Derby injury lawyers by e-mailing gary.dickie@btinternet.com , or ring us on 01332 518135 .

Case Study

An actor was knocked off his motorcycle and fell badly, sustaining severe bruising and a broken finger. At trial he continued to endure constant pain in his right hip and the side and bottom of his spine, shooting pains down the right of his leg, and pain on both sides of the lumbar region. Existing degenerative changes in his spine were considerably exacerbated by the accident. He did not sleep well and could no longer go out jogging or go for long walks. He could not sit for very long without having to get up, and could not stand very long without having to sit down. He could no longer ride his motorcycle or do home decorating. General Damages award £22,982.31. Total award ££69,082.89

Case Study 2

Plaintiff aged 11, fell in the school playground during mid-day break and injured her hand on a piece of broken glass probably part of a milk bottle. The flexor tendons of the ring and third fingers of her right hand were severed resulting in severe limitation of flexion. The infant plaintiff alleging negligence against the education authority, claimed damages in respect of her injury. The evidence showed that school milk in one-third pint bottles was delivered in crates and left in a recess outside in the school playground together with some pint bottles for the staff, the crates were carried upstairs to a landing by senior pupils. The milk was distributed before the mid-morning break and was drunk in the classrooms. The bottles were replaced in the crates which were then taken back to the recess. Slow drinkers had to take their bottle down to the recess outside and put them in the crates if there was room and if not stand them alongside. The children played in the playground during the mid-morning and midday breaks and the empties were collected by the milkman in the afternoon. The caretaker swept the playground twice a day but said that there were often loose bottles standing near the crates and also pieces of glass in the playground, sometimes as often as twice a week. The judge was satisfied that the arrangements for disposing of empties were satisfactory and that there was no serious risk of injury from broken glass and dismissed the plaintiff’s claim but assessed damages at £1,250. Plaintiff appealed: Held allowing the appeal, defendants were liable in negligence, for the risk of an accident was a reasonably foreseeable risk against which they could and should have guarded by making better arrangements for the disposal of empty milk bottles; the arrangements made would not have commended themselves to any reasonable parent, further, the damages assessed were so much too low that the court would substitute an award of £2,000.

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