Tag Archives: Accident At Work Claims

Preston Solicitor Welcomes Tough Line From Justice Ministry in Rooting Out Rogue Accident Claim Firms

Preston Solicitor Welcomes Tough Line From Justice Ministry in Rooting Out Rogue Accident Claim Firms.

Ten times more accident claims handling specialists were forced to close for breaching the rules regulating their trade in 2010/11 than in the previous year, the Ministry of Justice (MoJ) has announced.

Licences were withdrawn from 349 firms in 12 months, compared to 35 the year before.

Some had been shut down for serious transgressions, such as fraud, and using misleading marketing and aggressive sales techniques, according to Kevin Rousell, from the Ministry’s claims management regulation unit.

And the tough line has been welcomed by Preston-based personal injury solicitor Craig Porter, of PHC Law.

He said: “It is disappointing to learn that there are so many companies who are in breach of the regulations on our business which are intended to safeguard the interests of our clients.

“We deal with many personal injury victims on a daily bases, and for some of these the consequences are very severe.

“The overriding objective of any reputable, genuine firm is to attend to the needs of the person who has sustained an injury as a result of someone else’s negligence.

“We therefore believe that action needs to be taken against companies which breach the rules and regulations of the MoJ.”

PHC Law receives most of its work through referrals and recommendations, and as Craig Porter points out: “What distinguishes personal injury solicitors like PHC Law from claims management companies is our experience, expertise, and our client care – but, most importantly, we, along with many other firms, are regulated to the most stringent of standards.”

Via EPR Network
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PHC Law Secures £9,000 Compensation For Ladder Fall Victim

A barman who fell from a ladder while taking down a promotional banner has secured £9,000 in damages for his injuries.

With the help of expert personal injury solicitors from Preston-based company PHC Law, the man won the settlement after negotiations which took place following the man issuing legal proceedings against his employer.

During those negotiations it emerged that the accident, in which the man broke his right heel bone, happened despite his immediate superior being stood at the bottom of the ladder at the time watching the work being done.

As he climbed down the ladder, the victim reached for the banner, but slipped and fell to the ground.

When the case was brought, his employers tried to reduce their liability by claiming that the man’s negligence had contributed to the accident, and that he was aware of the risk of an accident happening.

But his legal representative, John Cooper, successfully argued that the man had been simply following the instructions given by his supervisor, and the bar’s manager.

Mr Cooper said that the employer had been right to admit liability, and added: “It is the employer’s responsibility to ensure the safety of their employees at all times and in this case, they were found to be negligent.

“The claimant’s employers were ultimately responsible for accessing, planning and ensuring that work being carried out done safely, using suitable safety wear and equipment.”

He concluded: “It has taken three years to settle, but both my client and I are very pleased with outcome.”

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PHC Law Recovers £400,000 Damages For Motorcycle Accident Victim

The Claimant suffered an exceptionally severe leg injury including compound fractures to the tibia and fibula extensive degloving together with damage to the right knee. In order to prevent infection in the lower leg a transplanted muscle from the Claimant’s back was made and attached to the leg. The result was an exceptionally deformed looking leg. The Claimant underwent a number of further procedures because the accident had caused associated injuries to the toes, tendons, ankle and knee. Only after the injuries had thoroughly settled and no other further surgery was contemplated did the Claimant undergo plastic surgery to reduce the cosmetic abnormality in his lower leg.

After a lengthy period of absence from work the Claimant returned to his pre-accident employment as an engineer and continued to be restricted in the hours of work which he could manage and the extent to which he could manage lifting and standing up at work.

He suffered psychologically as a result of the accident. He received therapy and improved significantly. His long held ambition was to join the Police Force. His prospects of doing this were eliminated by the injuries sustained in the accident.

Expert evidence was obtained from a range of medical experts including orthopaedic surgeon, plastic surgeon and consultant psychiatrist.

The Defendants made a number of inadequate offers as the matter progressed. Eventually settlement was achieved at a joint settlement meeting when the Claimant accepted the Defendants’ offer to pay a total of £400,000.00 damages inclusive of interim payments and CRU. Interim payments totalling nearly £60,000.00 had been made by the Defendant to the Claimant during the course of the action.

The Claimant who was very disturbed by the accident suffered a great deal emotionally and physically subsequently as he sought to come to terms with the gross cosmetic abnormality caused by the accident and a series of operations. He was distressed at his inability to make a full recovery and that his ambition of becoming a Police Officer had been permanently thwarted.

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PHC Law Recovers Over £500,000 Compensation For Accident At Work Claimant

PHC Law Recovers Over £500,000 Compensation For Accident At Work Claimant

The Claimant claimed damages for an accident which occurred on 6th December 2005 when he was 42-years old. He was required to move a completed lorry by means of a hand operated electrically powered “dead man truck”. His left foot/lower leg was trapped and crushed by the truck causing very serious injuries including compound fractures to the left tibia and fibula, a fracture dislocation of the ankle and a fracture of the calcaneum.

The Claimant has suffered a very serious injury and underwent three operations in quick succession his treatment involving external fixation and skin grafting. The Claimant did not make a good recovery and suffered multiple corrective operations – a total of 13 to date of settlement.

Although the Claimant attempted to return to his work as a motor engineer the effect of ongoing pain and disability made this impossible. He was unable to do manual work from a standing position and work involving weight bearing. He was equally unable to manage sedentary work due to swelling and increased pain caused by being seated.

Expert evidence was obtained from a Consultant Orthopaedic Surgeon. The Defendants obtained orthopaedic evidence from two other specialists.

Settlement was necessarily delayed to enable a proper assessment of the full extent of the Claimant’s ongoing disability together with his future limitations on the labour market and domestically.

The matter was dealt with co-operatively throughout between the parties and the Claimant was voluntarily provided with interim payments by the Defendants.

The Defendants initially offered £110,000.00. This offer was rejected by the Claimant. The Defendants then offered £400,000.00 in January 2011 which was rejected by the Claimant. The Defendant subsequently reduced this offer to £380,000.00. Both parties wished to seek disposal of the claim by joint settlement meeting. As the date for the meeting approached the Defendants disclosed surveillance evidence which required most careful consideration by the Claimant and the Claimant’s legal advisors.

In the event the matter was settled by way of joint settlement meeting on 21st July 2011 for the total sum of £568,330.28. Settlement was inclusive of £49,000.00 interim payments and £19,330.28 payable to the Department of Work and Pensions in respect of refundable benefits.

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