Ray Hudson acted for Mrs J, from North Warwickshire. Our client wished to claim for personal injury and related losses arising out of an accident on a bus.
We received instructions from Mrs J that in the process of leaving the bus she was travelling on she fell, sustaining injury. The platform of the bus was not lowered by the driver. It was dark and Mrs J could not see the ground as she got off the bus.
Initially, the bus company denied liability. They argued that there was no duty upon their drivers to lower the bus to assist passengers in getting off the bus.
Given the difficult nature of liability issues and the arguments that we faced that there was no legal requirement to lower the platform of the bus for passengers, we entered negotiations on liability and we were able to agree settlement such that our client received 25% of the value of her claim.
It was important in this case to obtain a medical report. Mrs J sustained injuries to both ankles and was off work for 3 months. She fractured her right ankle which required reduction and external fixation. She struggled at home after the accident and was left with a significant scar. She continued to suffer from sensitivity which was likely to be permanent.
In addition Mrs J put forward claims for help given to her and travel costs related to her accident, additional cost of microwave meals, and car parking costs.
Settlement was reached on the basis that Mrs J’s injuries were worth around £10,000 to £12,000 and therefore the value of her claim was agreed at £2,750 for her injuries (reflecting one quarter of the overall valuation of £11,000) and £250 for her claim for expenses and help which was 25% of £1,000.
Ward & Rider acted for Mrs J on a No Win – No Fee basis.