Express Solicitors have recently secured £21,000 in compensation for a client who sustained a radial head fracture (elbow) after slipping on a puddle of water in Victoria Train Station, London. There were no warning signs present at the time of our client’s accident, and in correspondence from one of the two defendants we were advised that the area was known to be affected by leaking rain water due to a defective roof.
Even with the acknowledgement that the area in which our client’s accident occurred was known to the defendants as an area affected by leaking rainwater, liability was denied by both defendants. When liability is denied in a personal injury claim it does not mean that the case is over, settlement can still be reached between the parties at a later stage and the claimant can still recover compensation. This case is a prime example.
Our client was sent for an examination with an Orthopaedic Consultant who prepared a medical report detailing her injury and providing an opinion and prognosis. In personal injury claims, independent private consultants are instructed to draft medial reports for the Court, these medical reports assist the parties and the Court when valuing a claim. In addition to detailing the injuries sustained and reviewing the treatment received, medical consultants will comment on the likely effect of the injuries on the claimant’s employment and home life. In this instance our client required care and assistance at home with childcare and domestic chores; as a result of her accident she also required time of work and had to complete a period of light duties.
After Court proceedings were issued and disclosure of documentation was made between the parties, the Defendants later made an admission of liability subject to contributory negligence and causation. This meant that our client had essentially won her claim subject to her proving that her injuries and subsequent losses were caused by the accident. Contributory negligence is a point sometimes raised by defendants if they believe that the claimant is in some part at fault for the accident, if a defendant succeeds on this point the claimant’s compensation is reduced by a percentage to reflect their “contribution” towards the accident.
Subsequent to the admission the parties entered negotiations and a settlement was reached when the defendants accepted our client’s offer to settle her claim in the sum of £21,000.