Project Description

A No Win No Fee Claim

Ray Hudson acted for Mrs D from Rugby as a result of injuries sustained at a British holiday park.

Mrs D was visiting her family at the holiday park. Her accident occurred late in the evening when it was dark and there was minimal lighting. Mrs D was unable to see a kerb which she tripped over. Although the kerb had yellow paint on it to illuminate it, there was nothing which would allow this illumination without sufficient light and therefore Mrs D did not see the kerb. She fell and sustained injury by way of soft tissue damage to her right hand.

In addition to her injuries, Mrs D also claimed for the help which was given to her by her husband, travel expenses and medication costs. The help provided included initial help in terms of personal hygiene and also help with dressing. Primarily help was needed in the first 8 weeks after the accident. Mrs D also required help with cleaning, gardening, cooking and other household tasks.

At no stage was liability accepted. Our only opportunity, therefore, of securing compensation for Mrs D was to commence a court action. This was duly undertaken. It was important to obtain medical evidence to establish the extent of Mrs D’s injuries.

Although the holiday park argued that there was nearby lighting and the luminous paint had been used to highlight the kerb, we were confident that a court would find in favour of Mrs D, although clearly there were risks. The defendant would argue at trial that they had done all that they could in the circumstances to highlight the kerb. We took the view that there was some lighting in the area but that it failed to illuminate the luminous paint.

We were able to agree with the defendant’s solicitors that the injuries were worth £4,500 and other expenses were worth £1,403 and so the Mrs D’s claim was worth £5,903. As a result of this and following discussions with Mrs D, it was agreed to put forward an offer of settlement of £3,000 given the risks involved in succeeding at a trial and amounting to one half of the value of the claim. This was accepted by the defendant.

Ward & Rider acted for Mrs D on a No Win – No Fee basis.