Personal Injury news & Compensation Claim info

A man who was shot as he confronted armed raiders at a takeaway in Birmingham has lost his appeal for more compensation.

Raj Kumar Khushia, 37, said he was originally promised more than £15,000 in criminal compensation from the Criminal Injuries Compensation Authority (CICA), but the figure was later halved to £7,671 because he had armed himself in self-defence.

The incident took place on May 16, 2005 while Mr Khushia was waiting for an order at a takeaway in the Handsworth area of the city. After grappling with the two armed raiders, it is alleged that Mr Khushia armed himself with knives from a nearby pub and confronted the dangerous pair for a second time after spotting them from inside his car. This led to one of the raiders opening fire and causing him a near-fatal injury.

“The bullet virtually went through my stomach,” Mr Khushia explained. “I don’t know how I survived. I was given 72 hours to live at one stage. I lost my spleen and my spine had to be rebuilt. I have since been off work and can no longer play football or do weight training, which was my favourite hobby.”

The married father of four now requires the aid of a walking stick.

“All I got from the Criminal Injuries Compensation Authority was £7,671. This had been reduced from just over £15,000 because I was told I was armed with knives at the time. Yet I had done this to defend myself.”

A spokesperson from CICA said: “The Criminal Injuries Compensation Scheme requires us to take into account the victim’s behaviour during the incident, and their character, when deciding whether to offer compensation, make a reduced award or no compensation at all.”

Three people face jail time and substantial legal costs after video evidence revealed that their compensation claim was a scam.

Andrew Singh, 26, his parents and dozens of relatives lodged compensation claims against a Bury-based coach company. One of the coaches they were travelling in was involved in a collision with another vehicle en route to Mr Singh’s wedding in Preston, Lancashire in July 2004. Later another coach they had hired clipped a wall in a car park. Altogether 73 personal injury claims were made, with claimants seeking damages against Hollins Travel for whiplash and other injuries.

However the claim soon began to unravel after video footage from the wedding reception – which went ahead unaffected later that day – revealed many of the supposed sufferers celebrating and dancing.

Tony, the best man, claimed to have badly hurt his wrist in the road accident, but was seen in the video clapping along to music. Mr Singh’s mother had testified that she had suffered a painful injury to her shoulder, but was caught on camera dancing and lifting her arms in the air. The video also showed footage of the groom dancing, waving his arms around and at one point being carried aloft by some of the other guests.

When it transpired that Mr Singh and his father were not even riding in the first coach that crashed, the judge threw out their claims and a criminal investigation was launched.

Mr Singh and his parents, all of Manchester, eventually pleaded guilty to committing perjury and conspiracy to defraud. They each face one year in jail and over £70,000 in costs. Judge David Heaton QC said that he wanted the sentence to act as a deterrent to other potential fraudsters.

“Offences of this type are far too serious to warrant anything other than an immediate custodial sentence,” he said. “Insurance companies in this country are highly vulnerable to the making of fraudulent claims.”

It also emerged that Mr Singh’s bride has subsequently left him after giving evidence against him at the trial.

A man could face criminal prosecution after making an accident claim against his local authority that turned out to be fake.

Craig Alan Johnson, 31, of Wigan, attempted to sue for compensation, alleging that he had suffered personal injury by tripping over an uneven paving stone in Hindley in 2006. It was claimed that his alleged fall was due to the council’s failure to safely maintain the pavement for pedestrians.

However, shortly after the investigation began, the council found inconsistencies in Johnson’s version of events. This led to Judge Peter Main QC deciding to completely reject Johnson’s version, suggesting that the evidence was “not accurate or acceptable,” and that he felt as though he was “being misled” by the attempted compensation claim.

Paul Prescott, Wigan Council’s Cabinet Lifestyles Champion, said: “We are pleased with the court’s decision because it shows how effective our investigations can be. It sends the message that if you make such allegations and they are not true, you are very likely to be caught out. Compensation claims cost money, hit council services and they hit the people that pay for those services through their Council Tax.”

As a result of his actions, Johnson could now face a criminal investigation for his fraudulent personal injury claim.

A 12-year-old boy is due to receive a substantial payout in compensation after medics failed to spot that he was suffering from a brain injury.

Rees Ross, of Lincoln, is now disabled as a result of the accidental injury, which happened five years ago. According to the family’s solicitors, West Lincolnshire Primary Care Trust have agreed to pay compensation towards the boy’s care after doctors admitted delays in sending him to hospital.

Rees had returned home from school complaining of feeling ill, after he had bumped heads with another boy while participating in a football game. His mother, Lisa Ross, phoned NHS Direct for medical help on three occasions, but each time she was told to give her son painkillers and to let him sleep.

However hours later he suffered a seizure and was rushed to hospital, where doctors found that he had internal bleeding. After surgery, Rees now has difficulty speaking and can only walk short distances without the aid of a wheelchair.

Tim Annett, from Irwin Mitchell solicitors, is in the process of calculating the amount of compensation required to pay for the youngster’s long-term care.

The Communication Workers Union (CWU) have called for a change in the Dangerous Dogs Act, in order to protect workers who are vulnerable from attacks by dogs.

The calls from the CWU come after Angela Smith MP advised that the law should be updated so that workers can claim for compensation if they are attacked and injured by dogs on private land. An amendment of the Act could also allow the owner to be prosecuted if a claim is made.

Workers that regularly travel to and enter people’s homes, such as nurses, police officers, utilities workers and postal staff, are at a high risk of suffering personal injury as a result of dog attacks. However, at present the law does not cover incidents that take place on private property.

Billy Hayes, the general secretary of the CWU, claims that around 6,000 postal staff are injured in dog attacks every year, but up to 70 per cent of these incidents happen on private land, where the law currently does not apply.

“Angela Smith’s Bill comes not a moment too soon,” he said. “The Dangerous Dogs laws in the UK currently leave thousands of postal workers at risk from debilitating dog attacks with no legal right to pursue damages or to have action taken against dangerous dogs and their owners.”

“If a person wishes to own an animal, particularly a dog, then they have a duty to ensure that it doesn’t cause personal injury and damage,” he added.

Not enough motorists are aware of a dangerous scam currently taking place on roads across the UK, which has been dubbed ‘crash for cash’.

According to research carried out by More Than, the UK insurance group, 41 per cent of British drivers have never heard of this particular criminal act, which sees fraudsters intentionally causing car crashes in order to claim insurance, often claiming whiplash compensation.

Although it is widely believed that fraudulent claims such as these are currently on the rise in the country due to the on-going recession, the research discovered that over the last two years, incidents have dropped by 11 per cent, mainly as a result of insurance companies and the police making an effort to crack down on the fraudsters.

However, Pete Markey, a spokesperson for More Than, thinks that more people need to make themselves aware of the scam. “If more drivers were made aware of the dangers they are facing, it becomes more likely that they will be able to report anything unusual to their insurance company.”

The research also found that of those involved with such a crash, two-thirds did not realise that it was staged and a further third would not know what to do in such a situation anyway.

If you are involved in a road accident and believe that it could be an attempt of a ‘crash for cash’ scam, you should get in touch with your insurance company immediately and alert them of your suspicions. Not only will they then have your side of the story on file but they will be more prepared to look out for anything out of the ordinary.

Also, in addition to exchanging insurance details with the driver, try to make a note of how many passengers are in their car. For example, if it is a fraudulent claim, they may be claiming whiplash compensation for themselves and three passengers, when they may have only had one passenger when the road accident took place. This will help you to protect yourself from any phantom passenger claims, which could otherwise increase the claim being made against your insurance.

Lastly, this scam can be avoided with safe, careful driving. Always keep a safe braking distance from the car in front, as you will always be liable if they brake suddenly causing you to hit them in the rear, even if you argue that there was nothing causing them to brake. Don’t help them out by driving too close to them, as the fraudsters will be on the lookout for distracted drivers or those who are driving close behind them in the first place.

A compensation claim has been made after a man fell 30ft from a bridge on to a disused railway line during an illegal rave party.

Andrew Henley, 26, from Milton in Staffordshire, was left in a coma for three weeks and took a further seven months to recover from the near-fatal accident, which took place in nearby Keele in October 2006. He claims to still suffer mental and physical injuries, including permanent damage to his arms and what his family has described as a change in personality, such as a short temper and a lack of motivation.

The incident took place in the early hours of the morning, while Mr Henley and his girlfriend at the time made their way to a party that they had heard rumours about.

“The path to the rave was marked out with glowsticks, but some of them had been nicked,” he said. “You had to go over the tunnel to get down, but because it was so dark I went straight over the hedge and fell on to the railway line.”

The fall caused Mr Henley to suffer a fractured skull, broken tibia, four fractured ribs and permanent damage to his elbows. According to his father, he even came close to dying from his injuries during the first few days of the three-week coma.

Since the accident, Mr Henley has found it difficult to find employment. At first he returned to his old job, only to be made redundant a few months later. He has now asked his solicitor to start proceedings to claim compensation for the accident. It is unclear who owns the land where the accident happened, which is 100 yards from the nearest road, but it is believed that it could belong to Network Rail.

Mr Henley added: “You can’t get to the place now, there’s fences all around it and it’s all padlocked. If it had been like that before, I wouldn’t have had the accident.”

The current financial crisis has led to a large increase in the number of compensation claims being lodged in the UK.

Road accidents and public liability claims have soared in recent months, as a result of damage to roads caused by the winter’s cold weather. The public themselves have not been helping the situation either, as many people are avoiding servicing their cars in an effort to save money, or in fear that they will be hit with expensive repair and maintenance costs. This has also contributed to the rise in accidents, due to more cars on the road which could be considered as not roadworthy.

There has also been a sharp rise in the number of work accident claims in the country. According to recent research, firms are putting less importance on health and safety regulations, possibly in an attempt to cut costs. However this could work against them if an accident does occur and a compensation claim is made.

A concert-goer has been awarded €15,000 in damages after she suffered whiplash injuries at a Rod Stewart concert in Dublin in 2005.

Sally Price, a lifelong fan of the 64-year-old singer, was struck by a football that Stewart had kicked towards the audience at the Point Depot concert. A tradition that the rocker has been doing at his concerts for over 30 years, Stewart kicked dozens of autographed footballs into the crowd, much to the delight of his fans.

The court heard that on this occasion, Stewart miskicked one of the balls, which hit the rigging above the stage at the venue and then came down on the fan’s head at such a pace that it knocked her over and left her feeling dazed for some time. Judge Jacqueline Linnane at the Circuit Civil Court awarded the sum to her after hearing that she continues to suffer whiplash-like injuries years after the incident took place, right into the present.

The concert promoters, MCD Promotions Ltd of Dun Laoghaire, Co Dublin, were slapped with the bill after the judge decided that the claimant had suffered concussion as a result of the incident.

The singer’s management team gave her four autographed footballs as an apology, two of which she gave to the doctor who treated her. Stewart, who is a keen Celtic supporter and who once trained as a professional footballer, also met with Mrs Price.

“I have always been a fan of his music and the singer came down to see me as I was being treated,” she said. “I would have been so pleased to have met him on a happier occasion.”

Hugh O’Keeffe, counsel for Mrs Price, told the court that such a reckless act could have been avoided and that the potential danger of the entertainer’s actions were foreseeable, leaving the concert promoters liable in negligence for the whiplash-like injuries to Mrs Price’s neck and shoulders.

A man who suffered spinal injuries during a five-a-side football match has been granted the right to appeal against the court decision saying he would not be allowed to seek financial compensation.

Andrew Kerr was tackled whilst playing football at a sports centre in Littleborough in February 2005. The tackle caused Mr Kerr to collide into a wall which lead to spinal injuries and him eventually needing a wheel chair.

Mr Kerr will lodge a compensation claim against the man who tackled him, Ged Willis, in a hearing that is expected to last a day and be overviewed by three appeal court judges.

Mr Kerr previously claimed that Mr Willis had pushed him into the wall on purpose, which the high court dismissed. The appeal court hearing in London has granted Mr Kerr permission to challenge this judgement.