Lawford Kidd's Blog

Lawford Kidd's injury solicitors' blog designed to cover all areas of the law relating to accident compensation claims, injury claims and no win no fee in Scotland.

Significant Increase in Damages Awarded by Court of Session in Fatal Asbestos Claims

Two recent cases have marked a distinct increase in the amount of compensatory damages awarded in fatal cases.  

Both cases concerned section 4(3)(b) of the Damages (Scotland) Act 2011, which allows family members to claim damages for distress and anxiety, grief and sorrow, and loss of society and guidance following the death of their loved one.  

In the first case, Margaret Anne Gallagher & Others v SC Cheadle Hulme Ltd & Others, the widower received £80,000 and adult children £35,000. Importantly, a distinction was made between grandchildren - two grandchildren were awarded £35,000 each while the others were awarded £12,000 each, calculated on the basis of the closeness of relationship of the grandchildren with the deceased.  

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Councils pay out millions in compensation

According to figures obtained by the Scottish Conservatives under Freedom of Information legislation, councils in Scotland have paid out over £33 million to settle around 13,000 compensation claims over the past five years.

The data reveals a wide range of claims, including a man in Edinburgh who claimed £170,000 after a firework blew up in his hand; and a person in Glasgow who got their jacket caught on a bin hoist and was lifted into the air, which has so far cost £250 in legal fees.

According to the Scottish Conservatives, the actual cost is likely to be higher than the current figures indicate, as some councils failed to respond to the information request, and there are still some outstanding cases waiting to be resolved.

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Woman awarded compensation for loss of teeth

A 21-year-old woman from Fife has been awarded just under £62,000 in compensation for a medical error that led to the loss of her two front teeth as a child, reports STV.

The woman had attended the Victoria Hospital in Kirkcaldy when she was six for a routine operation to remove her tonsils. When she woke up after the surgery, she found her two front adult teeth had been knocked out. Attempts were made to re-root the teeth, but these were ultimately unsuccessful.

Since then, she has undergone a number of different treatments, and faces the prospect of more treatment in the future. She also claims she was bullied as a child because of her teeth.

The health authority had admitted liability for the incident, but disputed the £100,000 damages claim. According to STV, a civil jury at the Court of Session awarded her £38,000 for her pain and suffering, £8500 for services and £15,300 for future dental costs.

 

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Damages awarded for birth-related injury

A 15-year-old boy has been awarded £6.5 million to meet the costs of his care requirements after a hospital error led to him suffering severe brain damage shortly after birth, reports the BBC.

Ewan Waker was sent home from hospital by midwives at Harold Wood Hospital in Havering, despite blood tests revealing that he had very low blood sugar levels. The severity of his condition was only picked up when a community midwife visited him and his mother at home.

The error led to Ewan suffering severe brain damage and needing specialist care for the rest of his life.

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Damages (Scotland) Act in force

The Damages (Scotland) Act 2011 is now in force. It is intended to overhaul the system of obtaining damages for wrongful death - where a person suffers injury or disease as a result of the wrongful actions or omissions of another.

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2028 Hits

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