Our client was a lorry driver who was delivering equipment to an exhibition in France for his employer.  When he arrived he climbed into his lorry and was moving the first item to the rear of the trailer ready to unload it, but as he attempted to step backwards on to the Tail Lift, he fell to the ground.  Unbeknown to our client an employee at the exhibition had lowered the tail lift while he was in the trailer.  He sustained injuries to his right shoulder, leg and foot and suffered symptoms from his injuries for nearly 4 months following the accident.  We were able to recover personal injury compensation for him of £3,750.

A brief summary of events is set out below.

Date of Accident:  December 2013

Time between formal instruction and successful conclusion:  We took on the case in November 2014 and settled it in January 2016.

How the claim proceeded: Having sent a formal letter of claim to the company we believed responsible for our client’s accident, we awaited a response from their insurers.  It was January 2015 before the insurers responded with a denial of liability for the accident, with a claim that our client was aware that the tail lift was being constantly lifted and lowered, so should have been more aware before stepping backwards.  However, our client refuted this claim, explaining that he had only just started unloading and had not given anyone else permission to lower the tail lift and no verbal warning was given to him that they were doing so.

In order to document the extent of the injuries our client suffered in the accident, we arranged for him to be examined by an A & E Consultant.  As our client regularly worked overseas, it took some time to schedule a convenient appointment with the medical expert when he was in the UK, so it was August 2015 before we received the A & E Consultant’s written medical report. His opinion was that our client had suffered significant soft tissue injuries to his right shoulder for 3 months following the accident and extensive bruising, pain and swelling to his right leg and foot which gradually resolved within 3-4 months of the accident.

Once in receipt of the medical evidence, we were able to value our client’s claim for compensation, which included his financial losses following the accident.  It was December 2015 when we put forward a settlement proposal to the insurers and after 7 weeks of negotiations we were able to reach an agreement with them and settle the claim to our client’s satisfaction.

Were Court proceedings necessary?: No.

Outcome:   The client secured £1,800 for his injuries and £1,950 for his financial losses, including his loss of earnings for the 9 week period following his accident, when he was unable to work.

Comment:  Clearly, the company whose employee took it upon himself to lower the tail lift of our client’s lorry at the exhibition were at fault in this case.  Our client sustained significant injuries, leaving him unable to work for several weeks because the exhibition employee chose to operate the tail lift and move it without giving our client any warning he was doing so.

PERSONAL INJURY CLAIM SOLICITORS:-

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