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.