Our client was a HGV driver who was delivering large insulation sheets to a building site.  These had been loaded flat onto his trailer and to unload them he had to stand on the trailer and pass each sheet down to someone on the ground.  In order to reach the higher panels, he had to stand on some of the lower sheets and as he did so one moved, causing him to slip and fall off of the side of the trailer.  He sustained a fractured skull, broken right collarbone, several broken ribs, which caused a punctured lung, and he was unable to work for 4 months following the Accident.  We were able to recover personal injury compensation for him of £14,600.

A brief summary of events is set out below.

Date of Accident:  July 2014

Time between formal instruction and successful conclusion:  We took on the case in June 2016 and managed to settle it in March 2017.

How the claim proceeded: It was more than 2 years after the accident when our client contacted us and he was still suffering with some symptoms to his right shoulder when undertaking certain physical activities.  Our client had a history of degenerative problems with his shoulder, so in order to determine whether the pain and discomfort he was still experiencing was as a result of the accident and not as a result of his degenerative condition, we arranged for him to be examined by an Orthopaedic Consultant.

At this time we also sent a letter of claim to our client’s employer and just a month later we received a response from their insurers, admitting liability for the accident.  We also began to compile a schedule of our client’s financial losses, to include his loss of earnings, following the accident.

In November 2016 we sent copies of our client’s medical records to the Orthopaedic Consultant for him to review along with his examination of our client.  Following this he prepared a comprehensive medical report with his findings and his opinion and prognosis for our client’s recovery.

In January 2017 we received the medical report prepared by the Orthopaedic Consultant, whose opinion was that it was likely that 2 years of aggravated symptoms of his pre-existing degenerative issues in the shoulder could be reasonably attributable to the accident.

Once in receipt of the medical evidence and having finalised our client’s schedule of financial losses, we were then able to fully value his claim for compensation.  With his approval, we put forward a settlement proposal to the insurers and within just two weeks had negotiated a sum our client was happy to accept.

Were Court proceedings necessary?:  No.

Outcome:   The client secured £14,000 for his injuries and £600 for his financial losses, including care expenses for the period following his accident when he needed assistance with everyday activities such as washing and dressing.

Comment:  Like many accidents it could have been avoided if the employer had been operating a safer system of working for the loading and unloading of insulation sheets.  Fortunately the insurers were realistic in accepting responsibility for the accident quickly and negotiating realistic compensation for our client.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a No Win No Fee and No Risk basis.

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