Circumstances of accident
We acted on behalf of an HGV driver who was transhipping molasses in a liquid tanker. He attended a client’s premises while doing so. He required to back his lorry into a bay. As he was walking around the back of the lorry, our client’s foot was caught within a drain which had a missing cover. He fell sideways and sustained multiple injuries, the most severe of which were to his neck and shoulder.
We intimated the claim on the occupier of the premises. We argued that the occupier had failed to ensure that their premises were safe for anybody using them. Further, that the missing drain cover presented a danger which foreseeably could result in injury.
The occupier did accept that they were at fault for our client’s accident but failed to make any offers after receiving the medical evidence that we obtained and disclosed to them. We therefore raised a Court action on our client’s behalf.
How we helped our client
In addition to seeking damages for our client’s injury, we sought compensation for physiotherapy which he required to assist with resolution of his symptoms.
We obtained medical reports from several experts. They concluded that our client sustained nerve root impingement in his neck and a shoulder rotator cuff tear. Our experts considered that both injuries had been accelerated by a period of two years as a result of the accident. The reports supported the fact that our client needed treatment to assist with his symptoms.
Settlement
After raising the Court action, we were able to obtain a settlement of £15,000 to compensate our client for his injuries and the physiotherapy treatment costs he had incurred.
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