Case Studies Serious Personal Injury
David Mercer acted for a client who had been a motorcyclist for many years. One day a motorist performed a U turn in front of our client who was unable to avoid collision. Our client suffered a brachial plexus injury to her dominant right arm. As a result of the injury to our client and the resulting impact on her life and that of her family, we were able to recover damages of £750,000.
Gill Peate has acted for a cyclist who was forced off his bicycle by a motorist performing a U turn in the road. No collision took place because the cyclist was able to take evasive action. In doing so he was thrown from his bicycle and suffered injuries to his face, hand and shoulder. The insurers for the defendant driver initially refused to pay compensation on the basis that the accident had not been caused as a result of a collision with the insured vehicle. Compensation was finally recovered for the cyclist following negotiations with the insurers. The cyclist recovered damages for not only his injuries and the cost of his bicycle repairs but also for loss of earnings and cost of private physiotherapy treatment.
During an amateur five a side football game, our client incurred a tackle from behind, that was found to be both reckless and dangerous. Despite no referee being present we were able to prove that whilst our client had consented to risks within the rules of the game, he had not consented to the tackle in question. He was awarded just over £13,000 which compensated him for both his physical injury and his loss of earnings.
Our client sustained an injury to her ankle whilst exercising on a spinning bike. During the course of the spinning class our client injured her foot when it came out of a pedal strap that had broken. The gym was found to have failed in its provision of equipment that was safe and fit for purpose. Although a relatively minor injury, the client recovered £7,000 damages.
Our client sustained multiple injuries to her knee during a spinning class as a result of faulty equipment. A settlement was agreed at £20,000.
We are experienced in dealing with catastrophic brain injury claims. Such as one where Gill Peate recently settled a case involving a young child who suffered a serious head injury after being knocked down whilst crossing the road.
The child was only 3 years old at the time of the accident which had a devastating effect on all members of her family. She was just about to start Nursery school when the accident happened and had a bright future ahead of her. As a result of her severe brain injury she now require’s 24 hour care and supervision for the rest of her life.
Liability for the accident was initially disputed by the driver’s insurers but following a preliminary hearing a significant interim payment was secured for the family to allow the child to be provided with the care, rehabilitation and schooling she needed. Funds were also made available to provide temporary accommodation for the family until a suitable property could be purchased and adapted for the child’s needs.
As solicitors, it is our job in a case of this nature, to liaise with the medical, educational, rehabilitation and housing experts who provide reports to establish the needs of a brain injured child for the present time and into the future. Settlement can only take place when there is certainty in relation to the extent of a claimant’s on going loss.
Involvement in this type of claim necessarily means that there will be a very close relationship between the family and their solicitor. Client care is paramount. Working closely with the family and the experts involved in the case ensures a successful outcome for the family with the best possible settlement for the Claimant.
Our 40 year old client suffered a fractured hip in a tripping accident at work. She made a slow but good recovery without the need for a hip replacement and was able to return to her former employment and activities. She received £14,250 in compensation.
Gill Peate has acted for a client who suffered an amputation following an accident at work. The Claimant was assisting a fork lift truck driver to unload pallets from a van in the warehouse. His right thumb became caught in strapping during this procedure and the fork lift truck driver failed to heed his calls to stop. As a result, his right thumb was amputated at the scene and his left hand was also injured by his attempts to prevent the accident. Liability was initially denied by the employers and court proceedings were issued in order to secure damages for the client. Damages in this claim included amounts for his pain and suffering as well as awards for specialist hand therapy, occupational therapy, the provision of aids to assist his everyday life and an award for a loss of chance on the open labour market.
Whilst at work our client suffered a fall resulting in a fractured ankle. In the normal course of events, within a few weeks she would have been back at work. Unfortunately she developed a pain syndrome and was never able to get back to her previously well paid job and the case eventually settled at £400,000.