Our client was a pedestrian who was walking to her home and about to cross a residential road.  On checking the road was clear, she stepped off of the pavement and placed her foot in a pothole, lost her balance and fell.  It had been raining heavily, filling the pothole full of water, so that it simply looked like the rest of the road.  She sustained a broken left shoulder, along with cuts and bruises to her left arm and hand and suffered ongoing symptoms from her shoulder injury, which subsequently required surgery.  We were able to recover personal injury compensation for her of £10,000.

A summary of events is set out below.

Date of Accident:  April 2012

Time between formal instruction and successful conclusion:  We took over conduct of the case from previous solicitors in October 2013 and managed to settle it in June 2016.  Because of the nature of our client’s injuries and an eventual trial, this case took some time to settle.

How the claim proceeded: Our client had previously instructed other solicitors to represent her, but having decided to close their practice, they asked us to take over conduct of the case.  Having reviewed their file of papers, we notified the Council responsible for the road where our client was injured that we were now acting for her and requested copies of her up to date medical records from her GP and hospitals where she had undergone treatment.

The Council’s insurers had already denied liability for the accident, but the supporting documents they provided included details of driven and walked road inspections that were undertaken, which appeared to be performed inaccurately.  Not a single defect was recorded on any of the driven inspections, but when walked inspections were carried out within a few days of them, several defects were identified.    It also appeared that the pothole which caused our client’s accident had only been measured at the edge, where it was shallower, than in the middle where she placed her foot.  Just over 1 week after our client’s accident, the Council resurfaced the road, filling the pothole.  We challenged the Council’s insurers on the inaccuracies in their inspections and requested more detailed documentation, but none was forthcoming.

We then arranged for our client to be examined by a medical expert and in December 2013 she was seen by an A & E Consultant.  He concluded that whilst our client was initially told her left shoulder was not broken, she had suffered worsening symptoms following her injury, so he recommended that an MRI scan be carried out for a definitive diagnosis.

By June 2014 the MRI scan was carried out and the medical expert had reviewed the results.  Whilst some evidence of pre-accident deterioration was present in the shoulder, his opinion was that the accident had caused the painful symptoms to occur.  He commented that if she was still suffering with symptoms 3 months after finishing physiotherapy treatment, she should be referred to a shoulder specialist for possible surgery.

Having visited her GP with her scan results, our client was referred to an NHS Consultant for further investigation.  At her first consultation the specialist suggested she initially undergo a course of steroid injections, followed by intensive physiotherapy treatment to try to improve the strength in the joint and ease the symptoms.  Whilst the injections and physiotherapy improved her condition initially, the effects seem to wear off leaving her suffering with painful symptoms once again.

With the insurers still maintaining their denial of liability, in March 2015 it was necessary to issue court proceedings, as the 3 year deadline for doing so from the date of the accident was fast approaching.  At this time, our client also notified us that her NHS Consultant had recommended surgery to her shoulder.

In April 2015 we once again requested copies of the Council’s inspection records from the insurers, but as before they failed to provide us with any such documentation.

In June 2015 our client had surgery to her shoulder, which necessitated removal of bone growth and one of the tendons.  Following this we requested copies of her post surgery medical records and arranged for her to be examined by an Orthopaedic Surgeon.  It was November 2015 before we received his report, which summarised that the accident had caused a disturbance to a pre-existing degenerative condition.  He felt that the surgery had been appropriate and satisfactory to aid her recovery, but also that it would be appropriate for her to undergo a further examination in another 12 months.

In early 2016 we were notified by the Court that a date had been set for a trial in June of that year.  In an attempt to negotiate with the Council, we proposed to them that our client accept 25% responsibility for the accident, with the Council accepting 75% responsibility, but they rejected this offer and would not negotiate further.

The trial went ahead in June 2016, with our client giving evidence to support her claim and the Judge accepting it as a clear and truthful record.  The Council called two witnesses, both of whom tried to avoid the issue of the depth of the pothole, maintaining their only concern was the tripping edge, which did not appear to impress the Judge.  As a result, our client won her case, with the Council being ordered to pay her compensation and a percentage of her costs.

Were Court proceedings necessary?:  Yes.  To protect our client’s position as it was not possible to settle the claim within 3 years of the date of the accident.

Was a trial necessary?:  Yes. Our client was successfully awarded compensation by a Judge at trial.

Outcome:   The client secured £9,500 for her injuries and £500 for her financial losses, including her travel expenses for numerous GP and Hospital appointments.

Comment:  Councils have a responsibility to ensure that the public highways are maintained appropriately.  If they had been more realistic in accepting responsibility for our client’s accident and negotiating a settlement, this case would not have needed to go to trial and incur further unnecessary costs.

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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