Our client was a HGV driver who needed to open his trailer to gain access to the paperwork for his load.  Unbeknown to him the trailer load had been incorrectly stacked and had become wedged against the rear doors.  As he released the handle on the rear door, it swung open at speed and struck him on the shoulder, due to pressure on the door from the load within.  He sustained torn ligaments in his shoulder and soft tissue injuries to his neck, which left him unable to work for 2 months.  We were able to recover Personal Injury compensation for him of £3,700.

A brief summary of events is set out below.

Date of Accident:  February 2013

Time between formal instruction and successful conclusion:   We took on the case in January 2016 and managed to settle it 9 months later.

How the claim proceeded:  When our client contacted us it was nearly 3 years since his accident.  Once he had completed our contractual documents and we safeguarded his position with “After the Event” insurance, it was necessary for us to immediately send a formal letter of claim to his employer and issue, but not serve, court proceedings against them before the deadline for doing so had passed.

Whilst the accident had happened some time previously, it was still necessary to obtain our client’s GP & Hospital records and a medical report from a court appointed medical expert.  This was needed in order to document our client’s injuries as a result of his accident, should medical evidence need to be submitted to the court at any stage and to value his claim for compensation.  We therefore arranged for him to see an Orthopaedic Surgeon.

In May 2016 we were in receipt of the medical expert’s report, which detailed that our client had suffered 2 months of shoulder pain following his accident and soft tissue injuries to the shoulder which took 3-4 months to recover from.

Just one month later we had received an admission of liability for the accident from the employer’s insurers, subject to medical evidence to substantiate our client’s injuries.  We began to compile a schedule of his financial losses following the accident and whilst in the process of doing so, we received an offer to settle the claim from solicitors representing the employer.  The offer was a very low one, so with our client’s authority, we responded by rejecting it and proposing an increased offer.

Finally in September 2016 after further negotiations with the employer’s solicitors, we were able to settle the claim to our client’s satisfaction.

Were Court proceedings necessary?: Yes.  In order 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?:  No.  Court proceedings had only just been served on the employer’s solicitor, when the insurers admitted liability for the accident and we were able to begin negotiations to settle the case.

Outcome:  The client secured £2,200 for his injuries and £1,500 for his financial losses, including his loss of earnings for the period following his accident, when he was unable to work.

Comment:  If the employer had been following better health & safety practices, ensuring that loads were secured properly on trailers by their staff, this accident would never have happened and our client would not have been injured.

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.

Call now on 01684 580900 to speak direct to one of our specialist claims lawyers or go to our Start Your Claim  page to submit details of your accident compensation claim online.

If you would like to know what your injury claim may be worth, please go to our Value Your Injury page.

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