Fraudulent Insurance Claim Results in Jail Term [7th Oct 2011]
Insurance company LV= has won a court battle against a personal injury fraudster and is now calling for a change in the law to prevent these sorts of claims going ahead in the future. The proceedings were taken against Minaxi Shah who had claimed damages for personal injuries sustained in a car accident. She had said that as a result of her injuries she was left permanently disabled, unable to work and requiring daily care. Her claim was valued at more than £650,000. Her husband and daughter both gave evidence to back up her claim. LV= say that they obtained evidence which showed she was not disabled and was still working as an accountant. Martin Milliner from LV= has said that although they were the victors, the law still allows the claimant to keep part of their award related to their actual injury. He believes this should be changed. All three family members received short jail sentences. It has been claimed by a former Sheffield football player that the botched operation performed on him led to the end of his career and any possibility of playing for England. Sharu Naraji is suing the American sports injury specialist for £10 million in compensation. He had been identified as a star player before the operation which took place in in 2006. He suffered an injury to his anterior cruciate ligament and flew to America to have an operation to repair it. Dr K Donald Shelborne was identified after research to be the best person to complete the surgery. However even after years of rehabilitation the athlete still suffers severe weakness in his knee. In addition to the claim against the surgeon, Naraji is also making a claim againts the Manchester orthopaedic surgeon who he says made poor recommendations during consultations leading up to and after the operation. The lawyers for Shelborne are questioning if the law of England or Indiana should be used. The FSA has announced that it wants financial advisers to offer their clients 100% compensation if they have suffered losses - even if it was not the fault of the IFA. Currently the IFA can decide if they are liable before offering compensation under the law of "causation". Simon Laird from law firm RPC has said that this decision flies in the face of common sense and could lead to people using loopholes to gain compensation when they are not entitled to it. The FSA have said that parliament need to look at the law and should implement a rule that where a breach of any FSA rules has been found the client should receive 100% compensation as a rule. Laird points out that this would mean that even if there was a very small breach of the rules, the client would be able to claim for all financial losses and compensation claims would be difficult to refuse. A remembrance service was held this week at Portsmouth Cathedral to remember atomic test veterans from the 1950's and 60's. This comes just one month before the Supreme Court judges whether the remaining veterans have the right to sue for negligence. Around 1,000 test veterans are hoping to claim compensation for the exposure to radiation they endured during the testing in the Pacific Ocean. Many have suffered cancers and other illnesses which have been put down to radiation exposure. The MoD has denied responsibility and has spent £5 million on legal fees to stop the cases going to court. The MoD say that the Limitations Act should be used as the men did not make claims within three years of the discovery of the injury. |
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