Making a claim after an accident is not always just about obtaining compensation for the injuries and financial losses caused by the negligence of another party. The courts recognise how important it is for the victims of accidents to receive early medical treatment to help with their rehabilitation and recovery from their injuries.

The law encourages insurance companies to arrange and pay for any necessary medical treatment as soon as possible. This means that injured claimants are given access to private medical treatment that will help them recover from their injuries as soon as the claims process begins. This often includes physiotherapy to help speed up the recovery of victims of road accidents that have suffered from whiplash and other muscular and soft tissue injuries common in this type of accident.

The rehabilitation that can be provided to a claimant can include any medical treatment that will speed up their recovery, help them deal with their injuries, or make them more comfortable during their recovery.
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The Association of Personal Injury Lawyers (APIL) are looking at proposals for reducing the cost of NHS claims over the next year. Muiris Lyons, was quoted as saying, “We as lawyers owe a wider duty to society to ensure that the cost of claims remains both proportionate and reasonable… We can’t ignore that there are significant costs to the NHS. We know how the system works and can improve it without restricting access to justice for our clients.”

A recent report by the NHS Litigation Authority highlighted that in 2008/09 the NHS paid out over £807million in compensation claims.

It is also claimed that costs spiral because the NHS takes too long to settle claims. Medical negligence lawyer, Russell Levy, spoke about the NHS unwillingness to speed up claims in a recent BBC news story (source). “They (the NHS) hope the harder they make it and the more they discourage people, they will go away,” he said. “By the time they accept the inevitable, it costs much more than it should.”

It will be interesting to see what action APIL proposes to help speed up the process in the coming months ahead.

Several High Street retailers have been ordered to pay compensation, by a High Court Judge, to customers who suffered chemical burns after purchasing their leather sofas.

It is expected the total compensation amount to be paid will be around £20 million. Around 2,000 people made claims against Argos, Homebase, Walmsleys and a clutch of other, smaller high street retailers after the goods they had bought were found to contain high doses of the chemical Dimethyl Fumarate or DMF.

Unfortunately, those who had similar problems after purchasing their “toxic sofas” from the now defunct ‘Land of Leather’ could not claim after their former insurers, Zurich, argued that Land of Leather had breached the terms of its insurance policy.
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A young soldier, who had his leg blown off while serving in Afghanistan and had received around £200,000 in compensation for his injuries, witnessed his own Mother appear in court yesterday over fraud charges that she allegedly stole more than £10,000 of his compensation payout.

Angie Woollard, 43, was given power of attorney over her son’s compensation payout. Private Matthew Woollard, 20, of 1st Battalion the Royal Anglian Regiment, was awarded around £104,000 and £42,000 in compensation plus £45,000 from an insurance policy.

Private Matthew Woollard received his compensation payout after standing on a landmine during a patrol in Helmand Province back in May 2007 which tore off his right leg below the knee.

Magistrates bailed Angie Woollard on condition that she did not contact her son or any other witnesses. The case will resume case on June the 8th at the Crown Court.

Former drink and drug addict, Ryan St George, 42, was serving a four month jail sentence at Brixton jail back in 1997 when he took an epileptic fit and fell from his prison bunk bed banging his head on the floor. What happened next was a series of events that left St George needing constant care for the rest of his life.

Once the guards had been alerted to St George’s accident they called for an Ambulance. The Paramedics were delayed in treating St george because their Ambulance was blocked from entering the prison gates by a parked van. Prison warders then argued who should accompany St George to the hospital, further delaying treatment. One Paramedic was quoted as saying St George’s condition was, “in as bad a state as a person can be without being dead.”

Upon hearing the evidence against the Home Office, High Court judge Mr Justice Mackay, ordered that the former prisoner should receive £4.7 Million in compensation. He also told the Home Office that they must pay St George £45,000 rent for a new flat.

Wilfried Fesselmann is an extremely hurt and angry man, and after you hear his story, you can’t fault the man for feeling this way. Mr Fesselmann claims he was abused by Rev. Peter Hullermann when he was just 11 years old. The then young Fesselmann confided in a friend about his nightmare, who inturn told Fesselmann’s parents. They acted accordingly and after the complaint was made, the Catholic Church, relocated the Rev. Peter Hullermann and ordered him to take therapy.

It’s just another awful story, one of thousands that has surfaced recently about the failings of the Catholic Church in their accountability to properly deal with the scores of twisted pedophile priests.

Wilfried Fesselmann is demanding an apology from Pope Benedict XVI but furthermore he is looking to be compensated for his turmoil “even if the church goes bankrupt.”
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