Published in CV Driver November 2015. Continuing his series of articles, solicitor Steven Hinchliffe (owner of the truckers’ “go to” Personal Injury specialists HINCHLIFFES SOLICITORS) highlights another type of accident suffered by professional drivers and their colleagues, where his firm has successfully secured compensation for the injured victim. All of his articles appear on the firm’s website at www.hinchliffes.co.uk in the “Latest News” blog link on the homepage. To read them (or any page on the website) in your preferred language simply select the Google Translate feature that appears at the top right of each page of the website. CASE HISTORY How the Accident Happened In July 2004 a truck driver had delivered a container and was trying to open the rear doors using 14 inch long handles. The first one was very stiff and while exerting extra pressure he felt a pain in his shoulder and had to stop. The Injuries The driver sustained an injury to his shoulder and 2 years later had surgery, requiring 12 weeks off work. How the Claim Progressed My firm was contacted by the driver in March 2006, a few weeks before the surgery took place. We immediately confirmed there was a good chance his claim would be successful and there was plenty of time to take action before the 3rd anniversary of the accident. He therefore instructed us to proceed. We wrote to his employer, detailing what had happened and asserting the cause of the accident and injury was their lack of adherence to various Health and Safety Regulations. In particular, they had failed to provide him with equipment that was well maintained and in good working order. Our letter was quickly forwarded to loss adjusters appointed by the employer’s insurers, and within a couple of months responsibility for the accident was accepted. It was then just a matter of obtaining medical evidence and gathering details of the accident related financial losses, so we could place a value on the claim. We therefore got together the driver’s medical records and sent him to see an independent Orthopaedic Surgeon. Having carefully studied the driver’s medical history, the expert’s report concluded that he had pre-existing degenerative changes in his shoulder and would have needed surgery in any event, but crucially that the accident brought forward the need for the operation by 12-18 months. This gave us a clear timeframe for valuation purposes. A copy of the report and a breakdown of the financial losses (including significant lost wages, travel expenses in attending medical appointments and holiday cancellation fees) were sent, with the driver’s consent, to the loss adjusters with a suggested settlement figure. The very same day we received their proposals! At that point we were some way apart, but after a little negotiation it was possible to reach agreement at a level everyone was happy with. The Compensation Recovered The driver accepted total compensation of £5,500.00. 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 Freephone 0800 138 1348 or by landline 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 Information Library.
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