Personal Injury Case Studies
£8,000 Damages For Baggage Handler injured In Accident At Work
A baggage handler sustained a head injury, shock and secondary psychological symptoms in an accident at work and received £8,000 compensation.
Sarah Vincent, who has considerable experience in personal injury litigation and is the Head of the Claimant Personal Injury Department at Rollingsons, represented the claimant who was in his 30s at the time of the accident and had worked as a loader/baggage handler for over 9 years at one of London’s airports.
On the day of the accident, the claimant was undertaking his usual duties and was carrying a set of golf clubs from the baggage conveyor belt to an electrical tug. It was the claimant’s first day back at work having been off for a few days and unbeknown to him a new metal beam had been installed by the staff at the airport to support electrical cables. Whilst the claimant was in the process of moving the golf clubs, he struck his head on one of the two bolts that was protruding substantially from the new metal beam. The claimant’s head struck the 4-5 inch thick bolt with such force that his skin was deeply lacerated. He felt dizzy and nauseous and suffered from heavy bleeding to the top of his head. Medical evidence obtained confirmed the claimant had suffered a minor head injury and had continued to suffer intermittent post traumatic headaches. The cut to his scalp resulted in a scar to the top of his head where his hair no longer grew.
It was successfully argued that had steps been taken by the airport to warn the claimant of the alterations made to the ceiling and if they had covered the protruding bolts then the claimant’s accident could have been avoided. The airport admitted liability and compensated the claimant for his injuries.
Warehouse Operative receives £90,395 following a severe crushing hand injury
Paul Rideough an experienced personal injury solicitor represented a Warehouse Operative whose duties included using a vehicle best described as being a cross between a forklift truck and a cherry picker, known as a K15. The vehicle enabled employees to collect items of stock stored on shelves as high as 15 metres above the floor of the warehouse.
On the day of the accident, the claimant and a colleague were standing in the cab of the K15. Neither of them had been provided with training, instruction or any other information regarding the use of the K15. Moreover, management at the company knew that it was dangerous for two people to stand in the cab when it was being used at height, but they failed to take steps to ban the practice.
Whilst the cab was being raised, the claimant leaned outwards slightly, and lost his footing. He placed his left hand at the back of the cab to avoid a fall, though unfortunately his left forearm became trapped between the mast and the side of the cab, which was continuing to rise. As a result, the claimant sustained a severe crush injury to his left hand and wrist. He required surgery to reconstruct the ligaments, and thereafter underwent extensive hand therapy. In addition, the claimant’s physical injuries and disability brought on some temporary psychological symptoms.
A Consultant Orthopaedic Surgeon who specialises in hand surgery examined the claimant on a number of occasions. She concluded that there is a 50% chance that at some point over the next 10 years the claimant will need to have his wrist fused, which will further increase his disability.
Following the incident the company changed its working practices and provided specific training in the use of the K15. They also restricted the use of the K15 to those who had received specific training and instructed it employees that no more than one person should ever travel in the vehicle’s cab.
Upon returning to work after a period of time off sick the claimant was supposed to have been placed on lighter duties. Unfortunately light duties were not made available to him, and the claimant took the decision to resign from his position.
The claimant sought compensation for pain, suffering and loss of amenity, loss of earnings, and compensation for the care and assistance provided by his wife. Paul Rideough secured an out of court settlement in the total sum of £90,395.
Claimant suffers burns and left with a facial scar following negligent advice by a pharmacist
David Webb, specialist personal injury solicitor represented the claimant who suffered burns after being given the wrong cream to apply on his face.
The claimant attended a chemist and sought advice for a condition involving in-growing hairs on his face above his right eye. In reliance on the advice given by the pharmacist, the claimant purchased a cream and in accordance with the instructions given to him, applied the product to the affected area of his face. Subsequently, the claimant felt a burning sensation above his eye which started to blister. He was left with a small scar only visible on close inspection.
The defendant who was negligent in recommending and selling an unsuitable product and taking reasonable care for the safety of the claimant admitted liability, agreeing to an out of court settlement in the sum of £2,500.
Claimant successfully sues employers of bus driver after suffering serious injuries resulting in the amputation of his right leg
The claimant was attempting to step onto a bendy bus, he was stepping onto the middle entrance of the bus when the driver closed the door on him causing him to fall backwards on the pavement, the driver then drove off running over the claimant's right leg.
The claimant was rushed to hospital by ambulance where he was informed that he had sustained a significant fracture to his right leg. Unfortunately, the doctors were unable to save the claimant's leg and the claimant's leg had to be amputated below his knee. Following 33 nights in hospital, the claimant was fitted with a prosthetic lower limb. He was wheelchair bound whilst he underwent extensive rehabilitation to be able to walk with the prosthetic limb.
The claimant's life was never the same again and he required a huge amount of care and support both physically and mentally from family and friends. It was necessary to make adjustments to every aspect of his life including his accommodation which was difficult for the claimant having lived very independently prior to his accident which left him essentially housebound. He suffered financially and having sustained such a serious and debilitating injury, the claimant instructed David Webb, an experienced personal injury solicitor who was dealing with the matter on his behalf that he wanted a speedy settlement in order to move on with his life. David negotiated an early settlement with the defendant's solicitor in the total sum of £175,000 as well as private medical treatment to the claimant’s satisfaction.
More Case Studies
Ms H: Spinal injuries following a fall down stairs caused by loose stair carpet in a public house she managed with her partner (the Defendant) who was responsible for maintenance. Liability split and case settled for £933,000 (£1.55m on a full liability basis), the bulk placed in a special needs trust to protect benefits.
Mr H: Brain injury following road accident. Split liability. With the assistance of a £0.5m interim payment from the Defendant the Client was moved from a residential neuro-rehabilitation unit into a property purchased and adapted for him with a full 24 hour care package. Settled at £1m lump sum plus an in-house structure providing £100,000 for life - worth £6.85m on a conventional basis.
Mrs B: Whiplash injuries following 2 minor road accidents. The Claimant was a young barrister whose capacity to work was reduced as a result. Claim settled for £290,000.
Mr S: Brain injury following road accident. The solicitors instructed valued the claim at £570,000. Instructed 8 years later - only 3 months before trial. No care or rehabilitation had been put in place. Court directions had been ignored - the medical evidence was deficient, not a single witness statement had been obtained and there was no evidence of future lost earnings. With the benefit of the 3 expert's reports and over 800 pages of witness statements collated in the short time available, the claim was settled at court for £1.6m.