Project Description

The claimant’s details have been changed but this is indeed a true case

Phil Mulryne acted for Mrs G, the Claimant, to pursue a claim for personal injury damages following an accident at work.

The Claimant slipped on ice in the backyard area of her employer’s premises.

We were able to establish that there was no policy in place to grit or make the area safe and when the claim was submitted to the Claimant’s employer’s, liability was accepted.

The Claimant suffered from soft tissue injuries to her left shoulder and arm, which resolved within 3 months. She also suffered bruising to her leg which resolved within a 6 month period.

She developed symptoms in her left wrist. The Claimant’s appointed medical expert indicated that 18 months to 2 years’ worth of symptoms in the left wrist were due to the accident with any ongoing symptoms due to a pre-existing condition.

The claimant was experiencing ongoing problems with the right wrist with some pins and needles in her fingers. There was a diagnosis of a compression of the ulna nerve at the right elbow joint which was caused by the accident. It was recommended that the Claimant undergo treatment to correct this.

The Claimant indicated that she wished to undergo the surgery but this should take place in the future with the claim being resolved in the meantime.

Negotiations were conducted with the defendants in an attempt to conclude the claim which resulted in the defendants putting forward an offer of £16,000.00 in full and final settlement. This was based on a valuation of £12,000.00 for personal injury damages. Surgery costs are £3,000 and care and assistance of £800.00 (the care and assistance represented the help that the claimant required from her husband due to her initial difficulties, carrying out the personal hygiene tasks and her share of the housework).

It was felt that the offer was reasonable but slightly on the low side as our valuation for personal injury damages was closer to £14,000.

A counter offer was put forward with agreement being reached between the parties in the global sum of £18,000.00.