Our client was a lorry driver who had just arrived at his destination to deliver his load.  Having parked his vehicle, it was necessary for him to climb into his trailer and move a lightweight pallet of goods near to the rear doors, in order for a Fork Lift Truck to unload it.  The trailer was fitted with plastic curtains across the rear to keep it cool as it was a refrigerated unit.  As he stepped backwards to get down from his trailer he landed on the fork of a fork lift truck, which unbeknown to him had been moved and was parked stationary with its forks raised directly behind the rear of his vehicle.  He sustained a fracture to his coccyx and was unable to work for 6 weeks following the accident.  We were able to recover personal injury compensation for him of £3,000.

A brief summary of events is set out below.

Date of Accident:  May 2015

Time between formal instruction and successful conclusion:  We took on the case in July 2015 and settled it in June 2017.

How the claim proceeded:  Our client did not contact us for over 2 months following his accident, but when he did so, he was still suffering intermittent pain from his injuries.  Having contacted the company where his accident took place with details of his claim, we awaited a response from their insurers.  We then sent for copies of his GP and hospital records and made arrangements for him to see an A & E Consultant.

In November 2015 the company’s insurers got in touch denying liability for the accident on the basis that they had no record of our client visiting the business premises.  However our client confirmed that he reported the accident to his manager at the time and the copies of his GP and hospital records we obtained had a clear record of his injuries.

It was February 2016 before our client had been examined by the A & E Consultant and we were in receipt of his written report, which confirmed that as a result of his accident our client had suffered a brief loss of consciousness and a closed fracture to the coccyx in his back, along with soft tissue injuries.  It also detailed that our client was likely to suffer with intermittent pain and discomfort from his back injury for up to 18 months from the date of the accident, but if his symptoms had not settled by around November 2016 an MRI scan and further review may be necessary.

In May 2016 having valued our client’s claim for compensation based on his medical evidence and compiled a schedule of his financial losses since the accident, we put forward a settlement proposal to the insurers.  After chasing them repeatedly for a response, it was July 2016 before they got in touch reiterating their denial of liability, claiming their insured had not been negligent, merely repeating that they had no record of our client being on the business premises at the time.

We advised our client of the insurers response and that the next step was to issue court proceedings against the company, which he agreed with and in September 2016 we received notification from the Court that proceedings had been issued and served, with the company’s defence due to be filed with the court and ourselves by mid-October.

We began to make provisions for an eventual trial, which the court notified us would take place in June 2017, taking statements from our client and his witnesses and preparing documents detailing the full particulars of his claim.

In January 2017 we attempted to negotiate with solicitors now representing the insurers, making an offer to settle the issue of liability for the accident on a 90%/10% basis in our client’s favour, but despite chasing them for a response, we received none.

We pressed on with preparations for the trial in June, arranging for a Barrister to present our client’s case before the Judge and compiling and despatching all of the relevant paperwork to the court for the case to be heard.

Just 4 weeks before the trial date, we received a very low settlement offer from the solicitors, which our client rejected on our advice and just 1 week later the solicitors replied with a much improved offer, which was close to our original valuation and one that our client was happy to accept.

Were Court proceedings necessary?:  Yes.  As the insurers maintained their denial of liability and were unwilling to negotiate a settlement.

Was a trial necessary?:  No.  Just 1 week before the trial was due to go ahead solicitors representing the insurers put forward a sensible offer to settle the claim.

Outcome:  The client secured £2,000 for his injuries and £1,000 for his financial losses, including his loss of earnings for the period following his accident when he was unable to work.

Comment:  If the company our client had been delivering to on the day of his accident had robust health and safety practices in place, ensuring their fork lift truck drivers received adequate training for the task to be performed, this accident would never have happened and our client would not have sustained injuries.

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.

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