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RTA – Hit by articulated lorry
I represented a Claimant who was driving along the middle lane on a motorway when an articulated lorry (left-hand drive) moved to the right without warning colliding with the Claimant’s vehicle. The Defendant due to the size of his vehicle and a blind spot failed to stop and proceeded at speed, pushing the Claimant’s vehicle along the road for quite some distance. The Police attended the scene and an ambulance was on sight at a service station.
This was a high risk, complex case because liability was denied throughout this case until limitation was upon us. There was no independent evidence in support of the Claimants case, as there was no Police report, Paramedics could not be traced and there were no witnesses. The lorry driver also held a foreign driving licence and he was driving his employer’s foreign vehicle, therefore, there were issues with jurisdiction and there were number of potential parties involved.
The Client suffered psychological injuries only, there were no physical injuries.
Once proceedings were served the Defendants made a liability offer on a 50/50 split basis which was rejected. It was the Claimants word against the Defendants due to the lack of evidence. Tactically; a liability offer was made by the claimant on a 25/75 basis in favour of the Claimant which was accepted.
The claim settled following service of proceedings in the sum of £4,350.00 and consisted of compensation for the psychological injuries suffered.
Claimant is an elderly retired gentleman who suffered a lower back injury after tripping in a pothole on Bournemouth Promenade
I represented this 78 year old retired man, who suffered bruising to his abdomen and thigh and an injury to his lower back after tripping in a pothole on Bournemouth Promenade.
My Client was medically examined and it was determined that the bruising to his abdomen and thigh resolved six weeks following the accident, with the lower back injury resolving sixteen months post-accident.
The Defendants admitted fault for the accident but failed to accept our reasonable offers of settlement. I notified them that I was escalating this to County Court Proceedings and settlement was finally agreed in the sum of £4,030.00
– Paschal Kelly
Quality Control Manager injured whilst taking photographs of a recycling pit
Client was injured in the course of her employment as a Quality Control Manager for a Recycling Company when taking photographs of a recycling pit, she tripped and fell into the pit, injuring her right knee.
The Defendant company denied fault for the accident and alleged that they have taken sufficient precautions to prevent injury and that in any event, the Claimant was negligent and the author of her own misfortune.
Statements were prepared and filed and the matter settled for the sum of £4,000.00 when the parties agreed a short stay of proceedings to conduct settlement negotiations.
– Paschal Kelly
Claimant suffered a crush injury to two fingers of his left hand due to a lift cap falling onto his hand after threatening the employers with Court proceedings due to their failure to respond to his claim
I represented this Claimant who suffered a crush injury to two fingers of his left hand due as a result of an accident that occurred as a result of his employment as a fitter for a company of Super Assembly Fitters. The accident was caused by his colleague failing to secure the lift cap in place properly.
Medical evidence was obtained and determined that thankfully the Claimant made a swift recovery by three months post-accident. The claim was presented to the Defendant Employers Insurers with proposals to settle the claim, but it took the threat of Court proceedings to convince the Defendants to settle this matter in the sum of £4,000.00.
– Paschal Kelly