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Claimant successful secure compensation for slipping in JD Wetherspoon on spillage from leaking toilet
The Claimant went to a toilet cubicle in JD Wetherspoons in Derby and as he walked into the cubicle, he slipped on water which had leaked from a toilet, which hadn’t been repaired. The Claimant was knocked unconscious for a short period before returning to his family in the pub. The pub chain accepted fault but didn’t accept the extent of the symptoms complained of by the Claimant.
However, the Claimant obtained supporting evidence from two medical experts, an Orthopaedic Surgeon and a Hand Surgeon who supported the fact that whilst the Claimant banged his elbow in the accident, the subsequent pain he was feeling in his lower arm and wrist were indirectly linked to the accident to which he required two operations. The Claimant claimed only for personal injury compensation and settled his claim for £20,0000.
Claimant secures 5 figure settlement despite conservative valuation from barrister.
I represented a Claimant who was involved in a road traffic accident where the Defendant reversed into the Claimant’s vehicle. Although the circumstances of the collision were typical and straightforward, his injuries were anything but. Although the Claimant’s soft tissue injuries resolved within a week he also developed severe tinnitus and hyperacusis as a result of the accident; much rarer injuries than your typical whiplash claim. I secured the Claimant rehabilitative therapy on a private basis (at the expense of the insurer, of course). Due to the complexity of the injuries an advice from a barrister was sought and the barrister advised that it was unlikely that the Claimant’s claim would exceed £10,000.00.
In spite of this, I managed to secure a settlement in the sum of £17,600.00 including general damages and rehabilitation treatment.
– John Connolly
Claimant suffered a knee injury at work. Claim successful despite being abandoned by her trade union solicitors on the advice of Counsel
The Claimant stumbled and fell backwards into a vehicle when, during a training session, she was required to use a foot operated mechanism to deploy and retract a step on a works van which was situated in the car park. Within a few days, the Claimant was struggling with pain in her knee. The Claimant did not initially report to her GP or to the hospital that she had suffered an accident so that initial investigations centred on non-traumatic causes of her knee pain. The Claimant did reference a minor work incident during an orthopaedic consultation but reported that she did not think the incident could have led to such a serious knee problem. It transpired that the Claimant had significant degenerative changes in the knee.
The Claimant sought our assistance after the solicitors appointed by her union rejected the file after some 2 years on the basis that Counsel had advised that causation could not be established.
Liability was also denied on the basis that the van was only a few months old and the mechanism was not faulty. Evidence was obtained from the Claimant’s work colleagues that the step was difficulty to use, that a number of colleagues resorted to operating the mechanism by hand, that the Defendant had advised not to use the step post-accident, that the risk assessment post-accident found the step could cause injury even if used correctly and that ultimately the step was replaced with a motorised mechanism. The medical evidence obtained suggested a 2 year aggravation/acceleration of the Claimants degenerate knee. It was argued that the Claimant had not appreciated the effect of the accident as she was unaware of the extent of the degenerate symptoms in her knee and hence her failure to raise the accident in her initial medical consultations.
Proceedings were issued as the Defendant refused to accept liability or causation. The Defendant was given permission to obtain their own expert evidence. The case ultimately settled for £17,500 in respect of the Claimant’s injuries, loss of earnings and care. The settlement reflected that causation was not straightforward and the Defendants expert evidence will likely to erode the prognosis.
– Carl Davies
Claimant is awarded almost 3 x times the Final Offer put forward by Defendant
I represented a Claimant who was the passenger in a vehicle which collided with a number of parked vehicles at speed.
The Claimant suffered extensive injuries including head injury, fractured ribs, PTSD and pain to neck, shoulder, back and knees.
The Defendant offered to settle the claim at £5486.90 inclusive of the Claimant’s claim for expenses. I considered this offer so low I withdrew from negotiations and issued proceedings.
At the hearing which the Claimant was not required to attend, the judge awarded the Claimant damages at £14,155.45. This settlement includes an award for the injury, expenses and interest.
– Jenny Campbell