The claimant’s details have been changed but this is indeed a true case
Phil Mulryne acted for Mr K, the Claimant, to pursue a claim for personal injuries following an accident during the course of the Claimant’s employment.
The Claimant is employed as a HGV driver.
The strap on the shutter of the rear of the claimants vehicle had broken so that it did not close the shutter steadily but slammed down quickly, as a result of which it trapped the Claimant’s left hand.
Medical investigations concluded that there was a fracture to the third finger of his left hand and soft tissue injuries/bruising to the other fingers. Claimant was provided with a splint.
The client’s injuries gradually improved but he suffered some ongoing stiffness particularly in cold weather.
The claim was put to the Claimant’s employers who rejected the claim on the basis that there was no fault identified with the vehicle and that the Claimant was the author of his own misfortune.
Medical evidence was obtained to support the claim and details of additional losses obtained.
Consequently, the Defendant’s solicitors accepted liability in relation to the claim so negotiations took place to conclude the claim.
An offer of £5,000 for personal injury damages was put forward together with payment in relation to medication, travel costs and the Claimant’s loss of earnings which were just over £3,200.
The offer was rejected on the basis that it was too low and counter proposals were put forward which resulted in an agreement being reached on a global sum of £8,000 which represented around £5,500 for personal injury damages together with the additional losses.