FALLS FROM TRAILERS – READERS’ SUCCESSFUL ACCIDENT CLAIMS

February 23rd, 2010 admin

Published in Truckstop News March 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider more “READERS’ SUCCESSFUL ACCIDENT CLAIMS”.

Continuing his review of successfully completed accident injury claims, Steven Hinchliffe looks at more situations experienced by readers of Truckstop News that resulted in an award of personal injury compensation.

All of the accident victims mentioned in these articles are actual clients of my firm, Hinchliffes Solicitors. They have kindly given their permission for the disclosure of their details, and in particular of their real life experiences of incidents resulting in personal injury claims, and the steps taken to make a successful accident compensation claim. All of these clients contacted my firm after seeing our details in Truckstop News – and readers may recognise some of the names referred to.

In this article I highlight 2 work accident claims involving a fall from a vehicle, but with quite different consequences. As with the other articles in this series, the common trend remains the effect on each individual’s life. Both of my clients sustained significant injuries and suffered financial losses as a result, but only one was likely to return to his pre-accident state of fitness. Although using the process of law to make personal injury claims as a means of redress cannot truly compensate for the trauma and inconvenience suffered, it can assist in requiring the guilty party to provide medical treatment and rehabilitation, in addition to financial relief by way of awards of compensation. As previously indicated, the basic aim of an accident claim is to try and return the injured party to the position that he or she would otherwise have been in had the accident not happened.

CASE STUDY 1 – FALL FROM A TRAILER

Mr M (name withheld at client’s request) of Wembley contacted my firm a few weeks after his accident in June 2004. He was employed by Aggregate Industries UK Ltd as a HGV driver and was delivering building materials to a yard in Harrow. While unloading he was required to stand on a metal strip running along the edge of the trailer. The metal strip was wet and this caused him to slip and fall to the ground, breaking his wrist.

A letter of claim was sent to his employer, and once their insurers had investigated the matter responsibility for the accident was admitted quite quickly, as the metal strip clearly did not provide Mr M with a safe and secure foothold. However his injury was a serious one that did not settle as anticipated by the first medical expert, despite a course of physiotherapy funded by the insurers. A more specialised consultant was instructed and extensive tests arranged, including nerve conduction studies and MRI scans, again funded by the insurers. It was felt that surgery may be required, but a successful outcome could not be guaranteed. The insurers put forward an unreasonably low settlement offer, bearing in mind Mr M’s continuing symptoms. It was also not appropriate for the claim to be concluded until a full medical prognosis was available, and which ultimately indicated that some symptoms were likely to be permanent and which could result in Mr M being at a disadvantage on the open labour market. It took a considerable time to gather all the medical evidence and the 3^rd anniversary of the accident was fast approaching. Therefore Court proceedings were issued, even though it was only the value of the claim that was in dispute.

Once the Court becomes involved in a personal injury claim a strict timetable is set, and both parties are required to take certain steps (including exchanging relevant documents and witness statements) with the aim of disclosing all the evidence that they intend to rely on at a trial. This timetable was followed and a trial date was arranged, and at that stage the employer’s insurers indicated a willingness to consider possible settlement terms. An improved offer was put forward, but this was still insufficient for the level of injury suffered and a counter offer was therefore made. This was based on what Mr M would likely be awarded by a Judge at the trial, and was accepted. Therefore approximately 3½ years after the accident it was possible to reach a settlement of the claim, with Mr M receiving £9,000 for his injury and £2,500 for his financial losses (mainly comprising travelling expenses, care costs and interest).

CASE STUDY 2 – FALL FROM A CAR TRANSPORTER

Mr J C Shapley of Torquay suffered an accident in January 2007 while working for Camden Fleet Solutions Ltd, and contacted my firm about 2 months later. His job was as a fleet driver and involved delivering cars, after loading them onto his employer’s car transporter. On the day of the accident he arrived at a site in Corby where there were 5 cars to load. The transporter he was using was designed to secure the cars with underbody strapping, rather than by way of wheel strapping and chocks. However, one of the cars could not be safely secured with underbody strapping and he had to improvise, but when tightening the strap it suddenly released, causing Mr Shapley to fall backwards from the second level of the transporter to the lower level.

He sustained injuries to his back and required a lengthy course of physiotherapy, which he initially had to pay for himself. The medical expert examined him a year after the accident, by which time his symptoms were less severe but he was still in pain. The expert felt it would take another year for Mr Shapley to recover and return to his previous state.

Upon investigating the claim, the employer’s insurers denied responsibility and refused to fund any rehabilitation treatment. They would not accept that the transporter Mr Shapley was required to use was simply not suitable for the particular job, and that he had no choice but to do the best he could with the work equipment provided. Progress in the claim became deadlocked and the only way forward was to issue Court proceedings.

Both parties followed the Court’s timetable and exchanged relevant documents, but before it was necessary to prepare witness evidence the employer’s insurers made a commercial offer to settle, even though their position on liability remained unchanged. Almost 2½ years after the accident and after some negotiation an acceptable settlement was agreed (including the cost of the physiotherapy treatment).

Whether the accident circumstances are straightforward and responsibility quickly accepted, or it is a hard fought case defended all the way, if the medical position is not clear it can take years for the true value of the claim to be established. If a settlement is agreed too early, there is a risk that the claim will be undervalued, particularly if the injury has any degree of permanence.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation. All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now page to submit details of your accident compensation claim online.