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11 December 2015
A personal injury compensation claim award was agreed after an installation fitter suffered a broken wrist when he tripped in a pothole.
Slater and Gordon Solicitor: Matthew Tomlinson is a senior personal injury solicitor at Slater and Gordon Lawyers in Sheffield.
Settlement Value: £77,216
What Happened: The client was employed as an installation fitter with the defendant.
When he attended the yard of his work premises to load his work van in preparation for his deliveries the following day, the yard was in darkness and a sensor light did not come on as it should have done.
After getting out of the driver’s side of his van the client walked around to the front tripped in a pothole hidden in the darkness. He fell to the ground and landed on his outstretched right hand.
Impact: Unfortunately, the client sustained a displaced comminuted fracture of the distal end of the radius and ulnar of the right wrist. He underwent open reduction and internal fixation with a ‘T’ plate and K-wires as well as extensive out-patient review and physiotherapy. He also suffered damage to the ulnar nerve at wrist level and had to undergo further surgery to remove the metalwork.
The symptoms in the client’s wrist were described as permanent. There was a 70 per cent chance he would develop osteoarthritis in the wrist over the next 10 to 15 years and he was likely to require further surgery in the future. The client was at a disadvantage on the open labour market as a consequence of his injuries.
How Slater and Gordon Helped: Although the defendant accepted liability for the accident, they disputed the extent of the client’s injury and obtained medical evidence of their own.
The defendant also disputed the client’s contention that if it wasn’t for the accident, he would have secured higher paid work than he was earning at the present time. In addition, they disputed the extent of his disability on the open labour market.
The claim was listed for trial but the medical experts failed to reach agreement on all aspects of the case. However, after lengthy negotiations, Slater and Gordon were able to resolve the claim prior to trial for the gross sum of £77,216 less state benefits.
Decision: The client was very pleased with the final outcome. He was reluctant to attend trial but appreciated that previous offers to settle made by the defendant were inadequate. He was pleased that he followed the advice we provided and that a satisfactory outcome was achieved.
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