Personal Injury – Case Study

The story

Our client was injured during an accident at work, which led to her suffering multiple serious and life changing injuries. She instructed Denise Bell, Solicitor, and with the assistance of Michaela Fletcher (Paralegal) at BG Solicitors LLP, they pursued a personal injury claim against her employer.

The details

The claimant suffered serious and life changing injuries as a result of an accident at work which saw both her employer and a workplace equipment installer facing civil and criminal liability .  The employer had continued to allow workplace equipment to be used despite the same being declared unsafe by engineers. Advice by engineers not to use the equipment was not passed on to employees by the employer, the consequences of which saw the  claimant suffering injury.

The impact

As a result of her injuries the claimant spent a lengthy stay in hospital and required extensive treatment, she underwent numerous surgeries and a rehabilitation program commenced thereafter. Despite multiple surgeries, the claimant had ongoing and permanent symptoms resulting in her being unable to return to any form of employment and leaving her with ongoing domestic and personal care needs. The Claimant was left with a lifelong disability.

How we helped

We were instructed to investigate and bring a claim for damages against the claimant’s employer. A Pre-Action Protocol Letter of Claim was sent to the employer and liability remained disputed for some considerable time. During this time, we assisted and supported the claimant with ongoing criminal proceedings that had been brought against the employer for breaches of health and safety regulations, we also facilitated the instruction of a rehabilitation case manager to assess her ongoing rehabilitation needs.

The claimant commenced a personalised rehabilitation programme consisting of nerve condition studies, hydrotherapy, physiotherapy, hand therapy and psychological support. This assisted the claimant with pain management techniques, further treatment, and improved her ability to sleep.

Additionally, we were able to ensure that the claimant had access to aids and appliances necessary to improve the quality of her home life and to assist her in regaining some level of independence via mobility aids. We were also able to assist in arranging benefits analysis to ensure that the claimant had access to any appropriate benefits as a result of her no longer being able to work.

We prepared a schedule of loss and damage and sent it to the defendant which included claims for future care and future loss of earnings. We negotiated a financial settlement to our client’s satisfaction. The claimant received a substantial settlement which will allow her to obtain aids, equipment, care, and domestic assistance to help her cope more easily with her disability in the future.

Throughout the process, we prioritised our client’s rehabilitation which was paramount, The claimant also received a formal apology from her employer.