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Case Studies

If your not sure you have a claim, we've included a few examples that will help understand the process of making a claim.

Employer Liability

S suffered a knee injury when a skip door swung open against his knee.

His employer accepted liability for not securing it properly.

His treating Orthopaedic Surgeons carried out 2 arthroscopies on his knee but failed to diagnose why S was continuing to suffer significant pain.

Despite extensive physiotherapy and hydrotherapy and arthroscopic operations on the knee, a resolution could not be found.

We decided to instruct a Pain Consultant, who diagnosed that S had developed a Complex Regional Pain Syndrome in his knee.

Treatment in the form of intensive desensitisation and pain-modifying drugs was advised, but it was considered that S would not be able to return to the heavy manual work that he used to do.

An early offer of £25,000.00 had been refused before any diagnosis was given. The claim eventually settled for well in excess of £100,000.00.

Road Traffic Accident

We were consulted by L, who had been injured in a road traffic accident, but for the previous 4 years had been represented by other Solicitors.

Those Solicitors valued the claim at under £15,000.00 and had obtained medical evidence from only an Orthopaedic Surgeon.

A Trial was 4 months away and was in Bristol County Court (over 100 miles from L's home).

From our initial assessment, we considered that it was likely that L had suffered a brain injury in the accident.

We applied to Bristol County Court to vacate the Trial and for permission to instruct a Neurologist and Neuropsychologist.

The District Judge refused permission to instruct other medical experts, but agreed to transfer the case to a Court near L's home.

We decided to instruct a Neuropsychologist (without permission), who diagnosed a brain injury.

We then applied again for permission to obtain other medical expert evidence and to amend the value of the claim, this time successfully.

We then proceeded to obtain reports from a Neurologist, Psychiatrist and Rehabilitation Expert and as a result we were able to employ the services of a Case Manager to provide organisation to L's life and to organise an appropriate level of assistance that he required.

Employer Liability

J was removing metal cages from the back of a truck using a type of fork-lift truck, when the door of the truck fell and struck J in the face.

Due to errors by her employer J was required to carry out the task of loading the truck in a very short time.

The employers' insurers denied liability throughout.

Expert evidence did not show any mechanical fault with the door, but there was only a small amount of clearance between the cages and the bottom of the opened door, so that it could be struck by the top of a cage if it was pushed up a small amount.

The employers' insurers finally put forward an offer to settle not long before Trial, resulting in a negotiated settlement of the claim.

The critical issue was the pressure put on J to complete the job in less than an adequate period of time.

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