Get Even More Visitors To Your Blog, Upgrade To A Business Listing >>

HGV DRIVER AWARDED CONSIDERABLE PERSONAL INJURY COMPENSATION AFTER SUFFERING LIFE CHANGING INJURY FALLING FROM TRAILER

Our client was a HGV driver delivering aggregate to a farm using a tipper trailer covered with a protective sheet, which was unrolled using a handle secured to the trailer at ground level.  On the day of his Accident the sheet mechanism on the trailer had once again jammed as he tried to open it, a problem he had repeatedly reported to his employer in the previous 2 weeks, but which had not been rectified.  His only option was to climb the ladder fitted to the side of the trailer and free the sheet manually, but as he applied force to free it he lost his balance and fell to the ground.  He sustained general bruising, but shattered his left heel bone in several places, requiring reconstructive surgery which left him hospitalised for 4 weeks and unable to work for 7 months.  We were able to recover Personal Injury Compensation for him of £110,000.

A summary of events is set out below.

Date of Accident:  August 2013

Time between formal instruction and successful conclusion:  We took on the case in January 2014 and settled it in October 2016.  Due to the ongoing nature and extent of our client’s injuries, this case took some time to settle.

How the claim proceeded:  Having written to our client’s employer detailing his claim, we waited for their insurers to respond and advise whether they accepted responsibility for the accident.  We then arranged for our client to see an Orthopaedic Surgeon and in July 2014 we received his written report, detailing the complicated fracture to our client’s left heel and his resulting symptoms, in the form of pain, stiffness, reduced range of movement and swelling.  The medical expert recommended physiotherapy treatment for our client and noted he had been referred to a specialist NHS consultant by his GP, due to his ongoing symptoms.  The medical expert wanted to re-examine our client no earlier than 18 months from the date of his accident with an up to date CT scan.  Having forwarded a copy of the medical report to the insurers, we requested a liability decision again, but they failed to respond.

Having had x-rays taken of his heel in October 2014, our client’s NHS consultant advised him that they identified a gap between the heel bone and ankle, which had created permanent knee problems due to him being forced to walk differently.  Later that same month the insurers contacted us denying liability for the accident, based on the employer’s claims that our client should not have climbed onto the trailer and tried to free the sheet, but instead telephoned his manager asking for help.  Our client had in fact done just that the day previously, when the sheet mechanism jammed, and had been told to continue unaided, but his employer denied any such telephone call reporting a defect had taken place.  In response our client notified us of 4 witnesses, who had worked for the employer previously, and were willing to provide statements confirming they had also experienced repeated problems with sheet mechanisms on the company’s tipper trailers, which had not been rectified.

In December 2014 our client was advised by his NHS consultant that he would require further surgery to remove the pins in his heel and fuse the ankle joint together.  At this stage, he had been assessed as 35% disabled, had to walk with a stick and had difficulty climbing stairs, so he was placed on the NHS surgery waiting list and warned it was likely he would need up to 20 weeks off of work to recuperate afterwards.  With the insurers still unwilling to accept responsibility for his accident, we prepared to issue Court proceedings against his employer.  We took statements from our client and 6 other witnesses and began to compile a schedule of his financial losses following the accident.

In February 2015 Court proceedings were issued and in May of that year we wrote to the Court requesting a split trial, as we expected a considerable delay before being able to value our client’s compensation claim, due to his anticipated ankle surgery.  At the beginning of June the Court responded, granting a split trial, with the issue of liability for the accident to be decided first.  Towards the end of 2015, we attempted to negotiate a liability settlement with the employer’s solicitors by proposing a 95%/5% offer, with the employer accepting 95% responsibility for the accident and our client accepting 5%, but it was March 2016 before they responded with a liability offer of 75%/25% in our client’s favour and an offer to settle the claim in full for £65,000.  Having reviewed the case with a Barrister, we felt a Judge at trial would award more than £65,000 in settlement and it was possible to negotiate better liability terms for our client.  Just before the scheduled liability trial, we were able to agree a liability split of 85%/15% in our client’s favour.

By October 2016, with our client’s surgery delayed for at least another 12 months, he was keen to settle the claim, so once he had a CT scan of his ankle, we obtained up to date copies of his medical records and organised for him to be re-examined by our medical expert.  At this time we received an offer to settle the claim from the solicitors for £110,000, which our client decided he wanted to accept.

Were Court proceedings necessary?:  Yes.  As we were unable to agree the issue of liability with the employer’s insurers.

Was a trial necessary?:  No.  As we were able to resolve the liability issue just prior to the initial trial date and the employer finally made a sensible offer to settle the claim it was not necessary.

Outcome:  The client secured £34,000 for his injuries and £76,000 for his financial losses, including his loss of earnings and care expenses following his accident.

Comment:  If the employer had operated a more robust schedule of maintenance and repairs to their vehicles, this accident would never have happened and our client would not have sustained a life changing injury.

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.

Confused by the claims process?  Please look at our extensive FAQs.

The post HGV DRIVER AWARDED CONSIDERABLE PERSONAL INJURY COMPENSATION AFTER SUFFERING LIFE CHANGING INJURY FALLING FROM TRAILER appeared first on Hinchliffes Solicitors.



This post first appeared on Personal Injury Compensation - Hinchliffes Solicit, please read the originial post: here

Share the post

HGV DRIVER AWARDED CONSIDERABLE PERSONAL INJURY COMPENSATION AFTER SUFFERING LIFE CHANGING INJURY FALLING FROM TRAILER

×

Subscribe to Personal Injury Compensation - Hinchliffes Solicit

Get updates delivered right to your inbox!

Thank you for your subscription

×