Case study: claim of delivery driver who had right foot crushed and big toe severed in a forklift accident

Compensation: £36,000

Summary

Delivery driver, Mr N was working at a building site, when a forklift truck driver accidentally rammed the forks into Mr. N’s right foot, leading to the subsequent amputation of his big toe. Al though the defendant initially suggested that Mr N was equally to blame for the accident, YouClaim’s lawyer proved  the liability of the defendant and helped to secure the claimant £36,000. Read on for the full story.

The Accident

Mr. N, was assisting in the unloading of some steel beams he had delivered to a building site, when the forklift truck driver attempting to remove the beams rammed the forks into Mr. N’s right foot, crushing the foot and causing multiple fractures to his toes. His big toe became infected and he eventually had to have it amputated.

The Claim

Mr. N decided to make a claim for his injuries and searched the internet for a firm of solicitors to assist him. He found YouClaim, who put him in touch with Partner at JMW Solicitors, Jason Harwood, who has had many years’ experience in dealing with accidents that have caused severe injuries. After investigating the accident circumstances, the defendants attempted to allege that Mr. N should hold a level of liability for the accident, which they placed at 50%, as they suggested Mr. N breached health and safety policy by standing on the lorry while the steel beams were being unloaded.

The Case

After discussion with Mr. N, Jason was able to counter this proposal and suggest that liability be set at a 75/25 basis. He argued that the only reason Mr N was standing on the lorry was because the driver himself was inexperienced. The defendants subsequently agreed  to a 75/25 split in Mr N’s favour. Jason then arranged for Mr N to see a consultant orthopaedic surgeon and compiled a Schedule of Loss document that outlined all the quantifiable losses Mr. N had experienced as a result of his accident.

The consultant confirmed that Mr N may need further surgery on his toe within five years and that he would require specialist footwear in order to limit the restrictions on his mobility. This would include specialist carbon sole plates that would have to be replaced every two years.

Settling the case: compensation

Along with the reports from the two medical experts, Jason sent the Schedule of Loss document to the defendant’s insurers, with a proposal for them to make a reasonable offer to settle Mr. N’s claim. The insurers responded to Jason with a £36,000 offer, which Mr. N was very happy with. He chose to settle his claim in full for that amount and was exceedingly pleased with the service he received, both from Jason, and through YouClaim.

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