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Date: 17th February 2015 Sector: 0 Specialist: Jason Claridge
£105k personal injury compensation for lorry driver
A lorry driver who suffered permanent damage to his ankle when he fell in a work’s depot received £105,000 in an out of court settlement.

Jason Claridge, personal injury specialist at Ward & Rider Solicitors, acted for a Midlands man in his 40’s who was a HGV driver. He had gone to work and there had been a downfall of snow. He was helping a colleague to try to clear the snow. There was no lighting in the area. As he was walking back to the cab of his lorry, his left leg went from underneath him. He stood on a pothole that was covered in snow and difficult to see and as a result he lost his balance and fell over. We argued that he was owed a duty of care by his employers.

As a result of his accident he suffered an inversion injury to his left ankle which led to a rupture of his lateral ligament and a fracture of his ankle. We obtained a report from an Orthopaedic Surgeon who confirmed that he should avoid the HGV work he was doing because of the fact that a lot of the trucks he was driving had clutches which, when he was repeatedly pressing, caused him difficulty. Furthermore, he would climb in and out of cabs and on and off the back of lorries, as well as often walking over rough terrain.

Because of his injuries our client had to attend upon his General Practitioner and he also went to the hospital for physiotherapy. Furthermore, he took medication to dull the pain. In addition, he had problems with carrying out heavier housework, shopping, gardening and DIY. He was off work and then went back to work as an agency worker, working only when he was fit to do so, causing him to suffer from loss of earnings.

He continued to require some degree of help with heavier chores although this lessened as he got better. He was told by our medical expert that he was likely to need a fusion of his ankle. He began to retrain in a job working in a factory where he would not be required to be on his feet or generally mobile.

The Defendant’s representatives refused to accept liability. They obtained their own medical evidence. They disputed the level of compensation that our client was claiming. We issued court proceedings. In the build up to trial, the Defendant’s solicitors advised that although they were not prepared to make an admission of liability, they would be prepared to make some offers to try and negotiate settlement. There was a series of offers which culminated in the Claimant receiving £105,000 for the damage to his ankle, the impact upon his ability to work, his reduced capacity in terms of carrying out household chores at home and his future treatment needs including a potential operation.

We acted on a no win, no fee agreement. Ward & Rider Solicitors have specialist personal injury lawyers who will be able to assist in all types of claims including road traffic accident claims, tripping and slipping claims, accidents at work as well as industrial disease claims including industrial deafness and Mesothelioma. Please contact us on 0800 158 5592 or enquiry@wardrider.co.uk.

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