Accidents in Public
Case studies

£90,000

Claimant Injured as a result of a collapsing Parasol

I represented the Claimant who was injured whilst visiting a golf club. She had been sitting in the patio area of a golf club on a sunny day when suddenly and without warning, a gust of wind caused a parasol to collapse and fall, the metal pole striking her on her head.
An admission of fault was obtained however the Claimant sustained significant and complicated injuries, including significant mood disturbance, cognitive deficits and tinnitus. Due to the complex nature of the injuries, medical evidence was obtained from a Neurologist, Psychologist and an ENT Specialist. I also arranged for the Claimant to undergo Cognitive behavioural therapy to aid her recovery.
The Neurologist was of the view that any ongoing symptoms were likely to be psychological in nature and not the result of any brain damage. Whilst the psychologist took the view that symptoms would recover following appropriate treatment.
Nevertheless, after issuing Court Proceedings I was able to obtain an offer of £75,000.00 from the Defendant Insurer, which took into account her injuries, loss of earnings, treatment and travel expenses. I was then able to negotiate this to an increased offer of £90,000.00 which was accepted by the Claimant.

– Mathew Trusch

£9,858

Claimant was injured when she slipped in a shopping centre.

I represented a Claimant who slipped in a rain puddle, on a public concourse in a shopping centre, as a result she fell backwards landing on her buttocks and suffered a soft tissue injury to her lumbar spine. The Claimant was absent from work for 3 months due to constant lower back pain.

The Claimant was attended to by a first-aider and an accident report form was completed. The Claimant attended her GP and was prescribed codeine and naproxen analgesia. The claimant did have pre-existing back pain for over a decade and following an MRI scan, results showed a degenerative disc. The Defendants raised causation as an issue in an attempt to minimise the Claimants compensation, this did not discourage me and I fought back referencing extensive case law and reminded them of the ‘egg shell skull rule’ – take your victim as you find them.

The claim settled without the need to issue proceedings in the sum of £9,858.00 and consisted of compensation for the injuries suffered and loss of earnings, care & assistance, travel and medication expenses.

– Sarah Donald

£7,080

Claimant was injured when she tripped in a clothes shop

I represented a Claimant who whilst shopping caught her foot on a broken piece of flooring causing her to trip and fall forward to the ground. She suffered severe low back pain and sleep deprivation. As a result of her injuries she struggled to look after her child, household chores and simple daily tasks became a huge burden.

An interim payment was obtained and physiotherapy was arranged immediately. The Claimant underwent 8 sessions of physiotherapy, which had a huge impact on the speed of her recovery.

The claim settled without the need to issue proceedings in the sum of £7,080.00 and consisted of compensation for the injuries suffered.

– Sarah Donald

£7,000

Claimant suffered injury to her right wrist as a result of walking from a store in a retail park towards the exit. She fell over a raised kerb due to defective lighting.

I represented my Client who suffered a fractured right wrist as a result of falling over a raised kerb under defective lighting at night after leaving a retail store and heading towards the exit of the retail park.

My Client was medically examined and diagnosed as having suffered a fracture to her right wrist with an exacerbation of pre-existing right thumb arthritis. The fracture fully resolved within twelve months of the date of the accident, with the exacerbation of the thumb arthritis returning to pre-accident levels within two years of the accident.

The Defendants maintained their fully denial of fault for the accident and refused to disclose documents to enable the Claimant to fully investigate liability, which resulted in our successfully applying to Court that they be ordered to disclose the documents. Following this, they maintained their denial of fault and I commenced County Court proceedings against the Defendant.

The matter was pursued through litigation and the Court listed this matter for trial. The Defendant’s Solicitors finally agreed settlement of the claim in the sum of £7,000.00 two months before trial.

– Paschal Kelly