Case study: claim of office worker who broke femur in fall over a waste bag in work

Compensation: £240,000

Summary

Mrs P broke her femur and injured her hip after a fall at the office in which she worked. She subsequently decided to make a claim and used YouClaim’s straightforward claims service to find a friendly, expert solicitor who could help. She was awarded £240,000 in damages after the accident left her out of work and seriously injured. 

The Accident

Mrs P was 62 at the time of her accident and working in an office. The accident occurred when Mrs P caught her foot on a blue bag containing waste material, falling heavily.  She broke her femur and injured her hip, which caused her to require a hip operation. After she contacted YouClaim, solicitor Gordon Cartwright was assigned to her case and sent a letter of claim to her employer.

 

The Claim

A lengthy recovery process for Mrs P post-operation meant that she required assistance from her daughter on a daily basis, and was unable to care for her disabled husband. Mrs P couldn’t keep working and had to take early retirement after her employer decided to terminate her contract.

Gordon organised for an independent consultant orthopaedic surgeon to see Mrs P and report on her prognosis and recovery requirements.  The report said that her residual pain and stiffness would get better, but never fully heal.  It also said Mrs P had become frustrated, as her injuries prevented her from undertaking her hobbies and meant she required domestic assistance.

 

The Case

As Mrs P’s case was nearing the date where it should be legally settled or in the court process, Gordon issued protective court proceedings.  The defendant’s insurer instructed a solicitor, who reviewed Mrs P’s medical records and asked questions of the independent consultant orthopaedic surgeon, who confirmed his earlier conclusions.

The defendant’s solicitor then made an offer to settle the case, which Gordon and Mrs P rejected as the evidence in Mrs P’s case was incomplete.

Gordon requested an interim payment to assist Mrs P with financial troubles she was suffering because of her forced early retirement.  Gordon also received the care report, which highlighted how Mr and Mrs P’s needs had changed, and recommended what was needed to make them more comfortable.

Gordon requested a further interim payment to help Mrs P buy a mobility scooter and larger car to ease the household’s daily needs.  However, the defendant’s solicitor responded with an increased settlement offer, which was rejected for being too low.

 

Settling the case: compensation

During a pre-trial review, Gordon found out that the case had been pushed back six months because of the defendant solicitor’s failure to keep up with the timetable.

Subsequently, a joint settlement meeting was arranged ahead of the trial. At the Joint Settlement Meeting, vigorous negotiation took place.  Ultimately, Mrs P decided to accept an offer of £240,000.  Mrs P was delighted to achieve this settlement, and with Gordon’s hard work on her lengthy case.  Mrs P’s settlement has helped her to make vital adaptations to her home so that it is more comfortable for her and Mr P.

 

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