On 4th September 2015, our client and her husband were at a recycling centre in Powys as they were in the process of emptying their new holiday home. She was carrying some scrap metal to the skip, which was at the top of a flight of metal steps. The rise height of the top two steps was greater than that of the previous steps, and so she tripped, catching her foot on one of the steps and falling forwards, landing on her right shoulder.
The supervisor came out and apologised to our client. Together they recorded what had happened in the accident book. She told our client that other people had had similar accidents before, and she thought it would happen again.
Our client’s husband took her to Breconshire War Memorial Hospital because her right shoulder was in a lot of pain and she couldn’t move her arm. She was given an x-ray, and returned home to Portsmouth a few days later. She went to Queen Alexandra Hospital because she was still in a lot of pain, and was again told that she hadn’t sustained any fractures to her arm. When she was reviewed by her GP, our client was given a steroid injection and referred to a physiotherapist, who referred her for an ultrasound scan. When this was carried out, it was identified that she had sustained a three inch full thickness tear to the muscle in her upper arm.
It was six months before she was over the worst of her symptoms. She had been badly debilitated by the severe pain and stiffness in her shoulder, and even once this had passed she had difficulty ironing, washing and driving for more than fifteen to twenty minutes.
Our client instructed us to act for her in her claim for personal injuries in September 2016, after having previously approached both a local firm and a national “no win no fee” firm, neither of whom were prepared to take on her case. She later told us how relieved she felt when we accepted her case.
We arranged for her to meet with a Consultant in Emergency Medicine on 6th January 2017, who considered that the accident had aggravated the shoulder impingement with which she had last suffered in late 2014, having been successfully treated with steroid injections. The medical expert noted that following our client’s accident, her symptoms would not significantly resolve without surgical intervention. He did not think she would ever fully recover from her pain and stiffness, but that she wouldn’t have done even without the accident because of the pre-existing injury, and so we needed to bear this in mind when valuing her claim
On 6th June 2017, we made an offer to the Defendant’s insurers in the sum of £10,586.06 in full and final settlement of her claim, and we received a counter offer approximately two weeks later in the sum of £8,760.00. Our client discussed the offer with her husband, and instructed us to accept it on her behalf. She told us that she was thrilled with the result and how quickly it had been achieved.