Success Stories | Work Accident Injury Clients | Bolt Burdon Kemp

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Accident Claim Success Stories

Were you injured at work and are considering making a workplace accident claim? It can be helpful to read about other peoples’ experiences so that you can get an idea of what this will involve, and the amount of compensation you might expect to get. We’ve collated some real-life stories from our clients below. 

 

Car Accident Claims

Another brain-injured client satisfied after changing solicitors to Bolt Burdon Kemp

We represented Martha, a woman in her thirties, who was involved in a road traffic accident when she collided with another car at a roundabout.  She did not hit her head but suffered whiplash. Following the accident, she experienced a number of symptoms including fatigue, migraines, dizziness, and concentration issues, and she was also prone to frequent collapses.  Her doctors diagnosed her with post-concussion syndrome.

Martha initially instructed a firm of personal injury solicitors who were not brain injury specialists.  They valued her claim at less than £25,000 and recommended that the case be dealt with using the portal for low value personal injury claims.  Martha was not satisfied with this assessment and contacted BBK to see if we could take over her case given our expertise in brain injury cases.

Having dealt with a number of cases involving post-concussion syndrome, we recognised the severity of her injury from the outset and accepted Martha’s case.  The Defendant denied liability – arguing that the accident was Martha’s fault and that her ongoing symptoms were unrelated to the accident.  We therefore arranged for Martha to be examined by medical experts who found that, due to the accident, she had suffered a mild traumatic brain injury, as well as post-concussional symptoms – and that she had also gone on to develop functional neurological symptom disorder due to the trauma of the accident.

We settled Martha’s claim for a six-figure sum – a significantly higher amount than her previous solicitors’ assessment.

Fibromyalgia for taxi driver involved in collision

Our client was driving his taxi when the Defendant’s vehicle pulled out of a side road.  The Defendant didn’t give way to our client and she crashed into the side of his taxi, sending it into a spin.  Soon after the accident our client’s left arm and hand began to swell up and he gradually developed pain all around his body.

About a year after the accident, our client was diagnosed with Fibromyalgia, a chronic condition that causes widespread pain.  He also suffered fatigue and issues with his sleep, memory and mood.  He initially instructed another law firm through his insurance company to handle his claim.  However, it became clear to him that they were not experienced in dealing with such complex injuries.

We took over conduct of his case and instructed a pain management expert and a rheumatologist expert along with other specialists to report on the extent of our client’s injuries and losses.  Whilst evidence was being gathered we obtained interim payments totalling £16,000 for our client to help support him financially while the claim was ongoing.

The Defendant’s representatives obtained their own medical expert reports, which disputed the cause of our client’s symptoms.  They believed that our client would have suffered from the same condition even if the accident had never happened, because of other stressors in his life.

Despite the Defendant’s evidence contradicting our own and their assertion that the claim’s value was very low, we adopted a robust position and negotiated a settlement of £140,000 for our client.  He was very pleased to be able to move on with his life.

Taxi passenger fractures spine and receives £175,000 in compensation

Our client, a retired plumber, was a rear seat passenger in a taxi, which was hit by another vehicle.  Our client fractured his spine.  He underwent surgery to stabilise the fractures, but was left with pain in his neck and loss of mobility in his right arm and hand.  After he was discharged home, he required a great deal of care and assistance from his wife.

We secured an early interim payment of £5,000 for our client.  A case manager carried out an assessment of our client’s immediate needs, following which private physiotherapy and psychology sessions were arranged, and the sessions were paid for by the Defendant’s insurance company.

Reports were obtained from rehabilitation, speech & language, care, orthopaedic, spinal and psychiatric experts about the extent of our client’s injuries and to help value our client’s claim.

After our client underwent further surgery to his neck, the range of movement and strength in his upper right limb improved and gradually returned to normal.  However, he was still left with some issues which were expected to improve in the coming years but ultimately persist in the long term.

The claim settled at an early stage for £175,000, which our client was very pleased with.

Mum receives £200,000 in compensation after being hit by speeding car

Our client was walking next to her sister and her horse when a driver sped around a bend on a country lane, lost control of his car and collided with her, throwing her into nearby hedges.  Our client was 24 weeks pregnant at the time.

Thankfully, after several tests, our client received the news that her unborn child hadn’t been harmed in the accident, but the rest of her pregnancy was blighted by considerable and persistent pain.  As a result of the accident our client sustained several complex pelvic and rib fractures as well as a broken collarbone.  She later underwent a c-section to deliver her child, partly because of the difficulties in safely managing her orthopaedic pain.  Our client’s reliance on pain medication during the later stages of her pregnancy due to the pain from the accident was such that our client had to endure the horrifying scenario of her new-born baby experiencing opiate withdrawal symptoms – something that left her with significant emotional scarring and for which she needed psychological therapy.

An admission of liability for the accident was obtained early on, however, the driver’s insurer denied that our client’s injuries had any long term consequences and they fought the case strongly on this basis.  The expert medical evidence and witness statements that we obtained were crucial to our client succeeding in her case.

So far, our client has not yet been able to return to work as a veterinary nurse although she hopes this will be possible in due course.

Fortunately, after obtaining several interim payments during the course of the claim, the case was ultimately settled at a virtual settlement meeting for the sum of £200,000This substantial sum of money will provide our client with the financial security she needs to re-train or obtain alternative employment if she can’t reprise her veterinary nursing role, whilst also compensating her for her physical and psychological injuries.

£8.8m compensation for pedestrian with traumatic brain injury in motorcycle collision

Our client was crossing the road when a motorcycle being driven at excessive speed collided with her.  She sustained a severe brain injury as well as chest injuries, a broken pelvis and badly broken legs.  As a result of her brain injury, our client was diagnosed with organic personality disorder and profound dysexecutive syndrome with gross loss of behavioural, cognitive and emotional control.  There is severe retrograde amnesia with great difficulty remembering recent events and with new learning.  Our client frequently exhibits challenging behaviour, particularly when demands are placed on her.

Our client required extensive treatment in hospital and received rehabilitation as an inpatient for some time before she stopped engaging with it.  We sought and obtained a large interim payment – enough to fund two full time support workers and the setting up of a community based rehabilitation programme that our client could access while also living in her own place.

We settled our client’s case at mediation, and obtained a large lump sum and substantial annual periodical payments, which will pay for her to have the support of two carers, suitable accommodation, aids and equipment and therapies for the rest of her life.

Compensation for elderly pedestrian hit by speeding car on crossing

Our client was crossing the road at a pedestrian crossing when he was hit by a speeding car that failed to stop in time.

Our client suffered a heart attack brought on by the shock of the accident and was given CPR at the scene by a member of the public until he was airlifted to hospital.  He sustained a significant head injury and subarachnoid haemorrhage as well as serious orthopaedic injuries including fractures to his back, pelvis and right limbs.  After a lengthy stay in hospital, our client was discharged at first to a residential care home, and then he was able to go home with the support of a significant care package including carers, speech and language therapy, physiotherapy, occupational therapy and a case manager to coordinate.

As a result of his head injury, our client suffered from difficulties with his swallow function and had numerous bouts of aspiration pneumonia.  Sadly he died just over a year after his accident from a chest and stomach infection.

We initially represented our client in his personal injury claim, and then after his death we continued the claim on behalf of his wife, as administrator of his estate.  We successfully negotiated a settlement of £120,000 in compensation.

Man run over by drunk uninsured driver receives £125,000 in compensation

 Late one evening, our client was assaulted and knocked unconscious.  Whilst lying in the road he was run over by a drunk driver who had already been banned from driving.  As the driver was uninsured, we submitted a claim to the Motor Insurers’ Bureau (MIB) on behalf of our client.

Our client suffered multiple injuries including breaking his right arm in three places, a fractured collar bone, multiple rib fractures, cuts and bruises and a psychological reaction to the incident.

We obtained the police recording of an interview with the driver, in which he admitted to driving whilst disqualified and drunk.  After sending a copy of the interview to the MIB they confirmed that liability would not be disputed.

We obtained independent expert evidence about the extent of our client’s various injuries to help value his claim.  We also arranged for our client to undergo regular physiotherapy and cognitive behavioural therapy to assist with his recovery.

Although our client was not working at the time of the incident, we were able to establish that, had the accident not occurred, he would have otherwise been working and earning money.  Our evidence showed that our client will be at a permanent disadvantage on the open labour market as a result of his injuries.  We negotiated a favourable settlement of £125,000 for him.

Mum receives £200,000 in compensation after being hit by speeding car

Our client was out walking next to her sister and her horse when the Defendant driver sped around a bend on a country lane, lost control of his car and collided with her, throwing her into nearby hedges.  Our client was also 24 weeks pregnant at the time.

Fortunately, after several tests it was determined that our client’s unborn child was unharmed but the rest of her pregnancy was blighted by considerable and persistent pain.  In the accident our client sustained several complex pelvic and rib fractures as well as a broken collarbone.  She later underwent a C-section to deliver her child owing, in part, to the inability to safely manage her orthopaedic pain.  Such was the need for pain medication during the latter stages of her pregnancy, our client had to endure the horrifying scenario of her new-born experiencing opiate withdrawal symptoms – something that left significant emotional scarring and required psychological therapy.

An admission of liability for the accident was obtained early on, however, the Defendant insurer denied that her injuries had resulted in any long term consequences and so the case was fought robustly.  As such, the expert medical evidence and witness statements obtained were crucial to succeeding in the case.

Owing to our client’s physical injuries, complicated by some pre-existing health conditions, she has so far been unable to return to work as a veterinary nurse albeit it is hoped this will be possible in due course.

Fortunately, after obtaining several interim payments during the course of the claim, the case was ultimately concluded at a virtual joint settlement meeting for the sum of £200,000.  This substantial sum of money will provide our client the financial security to re-train or obtain alternative employment if she is unable to regain her veterinary nursing role, whilst also compensating her for her physical and psychological injuries.

Lady suffers pelvic and spinal injuries after being run over by a van

Our client was the passenger in a van, which was parked outside a shop.  Whilst the driver went into the shop, a passer-by told our client that the boot of the van was open and something had fallen out.  Our client went to the back of the van to investigate.  As she stood behind the van, it suddenly rolled backwards, knocked her down and dragged her some 20 to 30 metres along the ground.

Our client suffered multiple injuries including pelvic fractures, fractures of her spine and ribs, lacerations, scarring and injuries to both knees.  She underwent several operations and was left with permanent mobility and continence issues.  We wrote to the insurance company of the van notifying them of our client’s claim.  It was never confirmed whether the van rolling back was due to the handbrake being left off or the van being faulty.  The insurance company admitted liability for the accident, so investigations into the cause of the accident were not necessary.  This meant we could focus our attention on gathering evidence about the extent of our client’s injuries and losses.

We obtained supportive evidence from experts in the fields of orthopaedics, neurosurgery, psychiatry and urology about our client’s condition and her long term recovery.  Whilst the case progressed, we also secured over £30,000 in interim payments to help support our client and her family.  Our client’s injuries sadly prevented her from fulfilling her long term goal of training to become an OT nurse.  After gathering all of the necessary evidence we held a joint settlement meeting with the insurer’s representatives and reached a global settlement figure of just under £490,000.  Although no sum of money can truly make up for our client’s pain and suffering, she is very pleased with the result.

Business owner suffers loss of earnings following neck and back injuries

Our client owned and ran a successful fashion business prior to a road traffic accident.  She was travelling as a passenger in a car, which pulled out of a junction and into the path of another vehicle.  The collision caused our client to suffer soft tissue injuries to her neck and back.  We took on her claim and wrote to the driver’s insurance company on her behalf.  Liability for the accident was admitted by the insurance company shortly afterwards.

We arranged for our client to be examined by orthopaedic and psychiatric experts.  It was reported that she had suffered an acceleration of underlying symptoms in her neck and back by a period of two years.  She was also diagnosed with a phobia related to travelling and an exacerbation of a depressive episode.

As a result of our client’s injuries, her fashion business saw a reduction in profits.  We instructed a forensic accountant expert to consider all the evidence concerning her business.  This expert prepared a detailed report on the extent of her loss of earnings.  The defendants also obtained their own forensic accountancy evidence.  They argued that our client’s pre-existing psychiatric issues would have caused a downturn in profits in any event.

Taking all the evidence from both sides into consideration our client accepted a settlement offer of £50,000.

Young woman suffers serious leg injury after being hit by fleeing motorcyclist

Our client was a pedestrian involved in a hit and run collision.  She was hit by a motorcyclist, who mounted the pavement and ran over her right leg.  Neither the motorcycle nor the rider were traced.  The police later confirmed that the rider had been fleeing from a burglary.

Our client suffered a severe open fracture of both bones in her lower right leg.  She spent three weeks in hospital, underwent numerous operations and was fitted with an external fixator for four months.  Our client had been working in retail at the time of the accident and was unable to return to this job.

We submitted a claim on behalf of our client to the Motor Insurers Bureau (MIB) under the Untraced Drivers Agreement.  After considering the police evidence, the MIB confirmed that liability would not be disputed.  We and the MIB jointly instructed medical experts in the fields of orthopaedics, psychiatry and plastic surgery to report on our client’s injuries.

We obtained regular interim compensation payments for our client throughout the claim and also funding for vocational rehabilitation and revision surgery of the scaring on her injured leg.

We subsequently negotiated a final settlement for our client in excess of £94,000, which our client was very pleased with.

Mother receives compensation following death of son

Ms Smith (not our client’s real name) instructed us following the death of her 16-year-old son in a road traffic accident.  Her son, who had been riding a moped, was involved in a collision with a car on a roundabout.  He suffered fatal head injuries and sadly passed away in hospital eight days later.

The Defendant driver was later convicted of causing death by careless driving, driving without insurance and failing to report the accident.  He was given a year’s prison sentence and banned from driving for two and a half years. Understandably, Ms Smith was distraught by the lack of justice here.

No money can ever compensate for the death of her loved one. After we obtained medical evidence and once the criminal proceedings had concluded, we were able to recover £20,000 in compensation for Ms Smith’s bereavement, funeral expenses and other financial losses.

The current level of bereavement compensation in England and Wales is an arbitrary figure of £12,980.  By comparison, in Scotland the sums tend to be far greater, with judges awarding compensation on a case by case basis.  At Bolt Burdon Kemp, we are passionate about the reform of this area of the law.

Passenger seriously injured in head on road traffic accident

Our client was involved in a serious head on road traffic collision whilst visiting the UK from Australia. She was a passenger in a hire car that crashed into another vehicle, which was travelling on the wrong side of the road and in excess of the 60mph speed limit. 

The occupants of the other vehicle sadly died in the accident. Our client suffered multiple serious injuries including a broken leg, a broken arm and a perforated bowel. After being treated in a UK hospital, she was transferred back to Australia where she underwent further surgery and treatment. 

Liability for the accident was admitted by the insurer of the other vehicle involved in the accident. We subsequently arranged for our client to be examined by numerous medical experts and also undergo private treatment in Australia. We obtained interim compensation payments for her totalling £25,000 to help her cope financially prior to final resolution of the claim. 

Once all of the medical evidence had been gathered, we negotiated a settlement in the sum of £65,000. Our client was very happy with the way in which we handled her claim, as well as the final result.

Hit and run driver seriously injures pedestrian

We acted for an individual who, whilst waiting to cross the road, was knocked down by a car that mounted the pavement. The driver failed to stop and was never identified by the police.

Our client suffered very serious injuries including spinal injuries in the form of  a fracture, multiple rib fractures, a punctured lung, facial injuries and further fractures to his right shoulder blade, arm and ankle. He was also left with significant scarring and ongoing Post Traumatic Stress Disorder.

We brought a claim against the Motor Insurers Bureau (MIB) on behalf of our client. The MIB is an organisation set up by motor insurers as a fund of last resort to compensate victims of accidents caused by either uninsured of untraced drivers.

After considering a large amount of medical evidence on the extent of our client’s injuries, we managed to negotiate a settlement of over £100,000 with the MIB.

Taxi passenger suffers multiple injuries in road traffic collision

Our client was a backseat passenger in a black cab, which collided with the rear of the vehicle in front after the driver fell asleep. Our client suffered a whiplash injury, a psychiatric reaction to the accident and most significantly an injury to her right wrist.

Our client worked as a freelance shoe designer. Her wrist injury significantly affected her ability to carry out her job for several months. The taxi’s insurers admitted liability for the accident. We then instructed various medical experts including a hand surgeon, a neurologist and a psychologist to report on the extent of our client’s injuries.

We obtained numerous interim compensation payments for our client throughout her claim to assist her financially. After some negotiations, we managed to agree a settlement of £50,000, one month before the claim was due to be heard at trial.

Compensation for family following the death of elderly pedestrian hit by a car

Mr W, a 78 year old man, suffered life changing injuries when he was hit by a car whilst crossing the road. Mr W required CPR at the scene of the accident and suffered a severe hypoxic brain injury as well as multiple internal and bony injuries.

The Defendant denied liability for the accident, alleging that Mr W had ran across the road in front of the Defendant’s vehicle leaving her no chance of avoiding the accident. We investigated the circumstances of the accident and provided the Defendant with strong witness evidence to demonstrate the true circumstances of the accident, namely that the Defendant was driving too fast and failing to keep a proper look out.

We were successful in arranging for the Defendant to fund a package of care and rehabilitation, meaning that Mr W could return home to his wife and children and receive the care he needed in the community rather than continuing to be cared for in hospital and residential care homes.

Unfortunately, 21 months after the date of the accident, Mr W died as a result of his injuries. We were successful in obtaining £120,000 in compensation to be paid to his estate.

Multi million pound award for head injured client

Our client was a market stall trader who sustained a serious brain injury when the van in which he was a front middle seat passenger was in collision with a bus. Our client was not wearing a seatbelt. He was left with difficulties with cognition, memory and frontal executive function and serious psychological, emotional and behavioural problems.

He would never be able to work again and required 24 hour care for the rest of his life. The Defendants contended that direct payments were available from the Local Authority and joined the Authority in the proceedings to reduce their liability. The Court approved a 15% reduction for contributory negligence and a net settlement figure of £3.75 million, with no reverse indemnity, thus allowing our client to claim and retain direct payments with a potential value of £1.6m over his lifetime.

University student suffers moderate brain injury after being hit by a car

Our client was knocked over by a car from behind and suffered a moderate brain injury which resulted in him having to change his University course and abandon his ambition of becoming a commercial pilot. Fortunately he was able to transfer onto an Engineering course which would enable him to work in the civil aviation industry.  Unfortunately our client was left with permanent impairments in his cognitive function, namely problems with memory, concentration, information processing and was at a greater risk of developing epilepsy in the future. He lost his sense of taste and smell and suffered personality change as a result of the brain injury.  We arranged for our client to receive private treatment, specifically neuropsychological rehabilitation to help improve his memory and concentration in relation to his injuries. We also arranged for his family to undergo training to help them cope with his changed personality better. We obtained regular interim payments of compensation for him while the case progressed and his case settled at a joint settlement meeting with the defendants in the sum of £500,000.

Pedestrian struck by hit and run driver

Mrs G a part time nurse was the victim of a hit-and-run accident as she crossed the road outside her house. The driver of the car was never identified so we brought a claim with the Motor Insurer’s Bureau. Mrs G had a permanent disability of leg shortening and limp, total loss of sense of smell and risk of early arthritis. Her previous solicitors advised acceptance of £50,000 in settlement; we negotiated a final settlement of £444,300.

Australian national injured in road traffic collision whilst visiting London

We acted for Miss C, an 18 year old Australian national who resided in Canada. She was a passenger in her friend’s car when it was involved in a collision with a lorry.

Miss C sustained serious injuries including fractures to her back, tibia, clavicle, facial bones and fingers.  Once stabilised, Miss C returned to Canada where she received further treatment. She remained in Canada for one year before returning to Australia to commence her university studies.

We coordinated Miss C’s case across three continents. This involved bringing proceedings in the UK, whilst dealing with agencies and experts in both Canada and Australia. Although Miss C was an entirely innocent victim in the accident, the Defendant’s insurers refused to admit liability and it was not until we issued court proceedings that liability was admitted.

Due to the severity of Miss C’s injuries, it was clear that her case would not settle in the short term as her prognosis was not immediately clear. We did however successfully obtain an early interim payment for Miss C and further interim payments throughout the course of her case to help aid her recovery and ensure that she was able to obtain the very best private medical treatment.

We obtained compensation in the sum of £300,000.00 for Miss C.

Severe leg injuries for young mother

Our client was involved in a serious road traffic accident when she was a pedestrian, walking with her two young children who she had just collected from school. She was stuck by a car which had itself been struck by another car, emerging from a side road.

It was felt that she would have permanent problems with the left leg, including painful and degenerative arthritis, and would require at least two operations in the future including a total knee replacement. As a young mother, our client’s life was devastated and as part of the claim we arranged an assessment with an occupational therapist to identify adaptations to her home, and aids and equipment to assist her in the future.

We obtained £250,000 compensation for our client.

Whiplash caused depression and loss of employment

Ms M suffered a whiplash injury in a road accident. She had a senior job in a local authority and could no longer work at the job she loved. Her symptoms became chronic and she became depressed.

We obtained £220,000 compensation for Ms M.

Battling with Motor Insurers Bureau

Miss C was a rear seat passenger in a car driven by an uninsured driver. The car was travelling in the bus lane when it skidded in a pool of water, the driver lost control and there was a head on collision with a bus travelling in the opposite direction. The Motor Insurers Bureau (MIB) on behalf of the uninsured driver denied liability, saying that Miss C knew or should have know that the driver was uninsured and so shouldn’t have been travelling with him.

The MIB also argued that she was not wearing a seat belt and that she was therefore responsible for her own injuries.  We secured evidence to show that the seat belt was not working. Following negotiations the MIB made an offer, which Miss C accepted, to pay 90% of the award, and paid out £200,000.

Psychiatric injury following road traffic accident

Our client was involved in a road traffic accident when he was in a head on collision with another car. Miraculously his physical injuries were not so bad and the orthopaedic experts agreed that he had recovered from the soft tissue injuries within a couple of months after the accident. However he did sustain a minor head injury and developed a marked psychological reaction to the accident, (diagnosed as post traumatic stress disorder and post concussional symptoms), leading to cognitive impairment such as poor memory and concentration and poor organisational skills. He left his job as the manager of the family cleaning business soon after the accident as he could not cope with the highly pressured demands of his work. We obtained £185,000 compensation for our client.

Claimant suffers head injury in road accident where husband is killed

We acted for a lady who was involved in a road accident which killed her husband of 35 years.  This lady was originally represented by a local solicitor, however she was not satisfied with the service she received and transferred the case to Bolt Burdon Kemp.  Our client suffered a head injury in the accident, plus multiple orthopaedic injuries and psychological injuries.  Our client and her husband unfortunately suffered from serious health problems prior to the accident and were therefore unable to work.  The defendant was convicted of causing death by careless driving.  Our client found dealing with the litigation very stressful in view of her injuries and the trauma she experienced in the accident plus she was grieving over the loss of her husband.  We were able to conclude the litigation within 9 months and obtained £180,000 compensation for our client.

Leg amputation following road traffic accident involving double decker bus

Our client was an 88 year old gentleman who was involved in a road traffic accident on 4th December 2010 when he was run over by a double decker bus. As a result of the accident he suffered an amputation to his leg and inability to urinate caused by neuropathic bladder. The Defendant admitted primary liability but only formally accepted 50% of the blame, even though the accident happened on a pedestrian crossing and the Defendant driver was subsequently charged and convicted of driving without due care and attention. We were able to settle our client’s case in the global sum of £170,000 just one year after the accident occurred.

Pedestrian hit by car on pedestrian crossing

Mr S was hit by a car as he was walking to work early one morning. He sustained a severe head injury and was unable to return to work. Liability was disputed until the day of trial when a compromise on liability was agreed and a settlement of £165,000.00 was reached at the court doors.

Businessman injured in road

Mr T ran a successful business until he had a car accident which caused the back problem that he already had to get worse. He tried to carry on his business but could not do so and had to give up work. He was the sole owner of his limited company. His loss of profit was taken into consideration in his claim and the settlement was £150,000.

Man who was involved in a rear shunt road traffic accident

We acted for a man who was involved in a rear shunt road traffic accident. The claimant suffered from whiplash injuries initially in relation to his neck and back. He later developed chronic pain syndrome. The Claimant had a claim for loss of earnings, care and assistance, travel expenses and medication costs among some other minor things. Bolt Burdon Kemp obtained compensation in the sum of £130,000 for our client.

Cyclist knocked off his bike by a taxi

Our client suffered life changing injuries when he was knocked off his bicycle whilst riding home from work by a taxi driver.  Prior to the accident, he worked as a successful architect and regularly ran marathons.  His injuries included a minor head injury leading to post concussion syndrome, multiple fractures to his right shoulder, soft tissue injuries to his cervical and thoracic spine and psychological symptoms including an adjustment disorder, depression and loss of confidence particularly in his work life.  The Defendant was convicted of careless driving and received 5 penalty points on his licence and a fine.

Our client underwent three surgical procedures to his shoulder as well as an intensive course of physiotherapy.  He also underwent CBT to help improve his psychological symptoms.

We brought a claim against the taxi company who employed the driver of the vehicle.  At the time of settlement, whilst our clients injuries had greatly improved, he continued to have restriction in the movement of his shoulder and a real lack of confidence in his abilities at work which was having a detrimental impact on his promotion prospects.  We were able to obtain good evidence to support the impact of the accident on our client’s ability to work at the level he had prior to the accident and were successful in obtaining a settlement for our client in the sum of £120,000, which not only compensated our client for the injuries he sustained, but also for any losses that he would suffer in the future as a result of his psychological difficulties.

Overtaking accident

Mr H was driving his soft top motor car down a country lane when another car which was attempting to overtake him hit him. Mr H’s car turned over and slid along the road for some distance. He sustained a serious degloving injury of his scalp but, miraculously, no brain damage. He was able to return to his former employment after extensive medical treatment and we recovered £110,000 in damages.

Pedestrian struck by car

Ms H was injured when she was struck by a vehicle as she was crossing the road in Islington. She sustained a fracture of the base of the skull on the left side, with a linear fracture going through the lateral margin of the right middle ear cavity. She had an extra-dural haematoma with some bleeding over the surface of the brain. She subsequently suffered with deafness and developed a facial palsy on the left side within a week of the accident. She was unable to return to her career as an IT consultant. A compromise on liability was reached holding Ms H 25% to blame for her accident and the Defendant 75% to blame. We obtained £100,000.00 in compensation for her.

Knocked over on pedestrian crossing causing multiple injuries including brain injury

Our client was crossing the road at a zebra crossing when he was hit by the defendant’s motor vehicle. The claimant suffered a head injury (fractured skull) and a moderate brain injury, multiple lacerations and bruising, displaced fracture of the left wrist in the road accident. He had surgery to insert metal work into the wrist. He suffered post concessional syndrome and vestibular dysfunction as a result of the brain injury which manifested itself as migraines and balance problems. He also suffered psychological injuries and underwent therapy for this and also treatment for the vestibular dysfunction which we arranged.

We obtained several interim payments for our client while the litigation progressed and arranged treatment for his symptoms. We issued court proceedings against the defendant and promptly received an offer in settlement in the sum of £100,000 (on top of the interim payments the claimant had already received). This was accepted by our client who was keen to settle this claim quickly.

Pedestrian knocked over from behind – driver of vehicle unknown

We obtained compensation for a young man who was knocked over by a car from behind. There were four people in the car at the time and all four denied being the driver and refused to say who was driving at the time of the accident.  One of the four occupants was the owner of the vehicle which was insured. We issued court proceedings against all four occupants.  Our client suffered injuries to his knee and ankle and psychological injures. He returned to work as a fork lift truck driver but found it difficult to operate the truck due to the injuries suffered in the accident.  He therefore retrained as a self employed plasterer.  We arranged for our client to receive private treatment in relation to his injuries and obtained regular interim payments of compensation for him while the case progressed.  We obtained £100,000 compensation for our client from the insurers of the vehicle.

Rear shunt road traffic accident

We acted for a man who was injured in a road traffic accident. The Defendant collided with the rear of his vehicle. The Claimant suffered a whiplash injury to his neck and back in the road traffic accident initially which later developed into a chronic pain syndrome (fibromyalgia). He also developed depression. At the time of the road traffic accident the Claimant worked in IT as a contractor. He was able to go back to work after the road traffic accident but over time he found it difficult to do his job and he had to have time off work for medical appointments. As a result his contract was not renewed. We obtained £92,120.75 compensation for our client for his road traffic accident claim.

Back seat passenger suffers spinal injuries

We acted for a client who was seated in the back of a friend’s car which went out of control. The car rolled down an embankment landing on its roof. Our client had to be carried out of the car through the rear window and was taken to hospital by ambulance. Unfortunately she sustained a severe fracture to her spine which required internal fixation with rods and screws.

Our client had to wear a back brace for a prolonged period of time and as a result of continuing pain, she underwent further surgery to remove the metal work some 18 months later. The claimant suffered considerable pain and loss of mobility which affected all aspects of her life. The expert evidence indicated that it was likely that she would develop degenerative changes in her spine within 20-30 years, she could only work in a limited capacity and would need assistance if she has children in the future. We secured a settlement of almost £88,000.

Elderly pedestrian

Mrs M was 78 years old and on her way to bingo. She got out of her minicab and was crossing behind it when she was knocked down and suffered injury to her right arm and hip. She needed a lot of ongoing help and we recovered £75,000 for her.

Road traffic accident causing fractured neck and skull

Our client was involved in a road traffic accident shortly before she was due to go up to university. She suffered a fractured neck and fractured skull. Fortunately she made a good recovery from her injuries and gained her degree.

Our client transferred instructions to our firm from a non-specialist firm. Liability was admitted by the Defendant but our client conceded that she was not wearing her seatbelt and agreed a deduction of 20%. Shortly before trial the Defendant made an offer which was close to Counsel’s valuation of her claim. We continued to negotiate and the Defendant increased their offer to £61,500.

Rear shunt causing acceleration of pre existing back condition

We acted for a man who was hit in the rear in a road traffic accident while stationary. Liability was admitted shortly after we became involved in the personal injury claim. The claimant had a pre existing back condition and had undergone two serious back operations prior to the road traffic accident. We obtained a report from a spinal surgeon who said that the accident had accelerated his symptoms by 4-5 years. In other words even if the accident had not occurred he would be suffering from the same symptoms as he was post accident because of his pre existing condition; however as a result of the accident, he was suffering the symptoms 4-5 years earlier than he would have done had the accident not occurred. We obtained £60,000 compensation for our client.

Overcoming an unreliable police report in a road accident claim

Miss K, a young woman of 23, sustained head injuries in a road traffic accident. Her case was that she was at a pedestrian crossing and the defendant driver should have stopped. The driver said she had run out between parked cars and was not on the crossing. Because of our client’s head injury, she did not have a clear memory of the accident.

The defendant denied liability and although the police did attend the scene of the accident shortly afterwards, the police accident report contained a number of errors and could not be relied upon to prove what had happened. Witnesses were unco-operative or unreliable in our view, and although two barristers advised that the claim would fail, we persevered.

Miss K had sustained a complicated skull fracture but – fortunately – not a significant brain injury. She was slower in her mental information processing and had some problems with attention and concentration but no specific neuropsychological impairments attributable to the accident. The Defendant made an offer to settle the claim for £50,000 which, following negotiation was increased to £56,000 plus costs.

Pedestrian suffers ankle injuries and psychological injuries in road accident

We acted for a young man who was knocked over outside a nightclub. The vehicle did not stop and later went on to collide with a police car. Our client suffered an injury to his ankle and knee which required physiotherapy and psychological injuries which required psychological therapy.  He was able to return to his job as an apprentice heating and ventilation engineer.  It wasn’t possible to prove who was driving the vehicle at the time of the accident; however, we were able to obtain £50,000 compensation from the insurers.

Two road traffic accidents causing overlapping injuries

We acted for a young woman who was unfortunately involved in two road traffic accidents three years apart. She suffered soft tissue injuries to her neck, shoulders and lower back in the first accident and these injuries were aggravated in the second accident.

We successfully negotiated settlements with both of the defendants’ representatives and recovered a total of £30,000 compensation for our client.

Work Accident Claims

£215,000 for career-ending accident at work

We represented a male client who suffered career-ending injuries in an accident at work.  While teaching RAF trainee pilots in a helicopter simulator, our client experienced an unusual and sudden drop, severely jolting him.  After reporting this to his line manager, an incident report was submitted but the cause of the jolt was not established and therefore not fixed.  The following day our client entered the same simulator, and experienced another sudden drop which caused more significant injury to his hip, back, neck and shoulder.  Despite many months of orthopaedic and pain management treatment, our client was unable to return to his role and was medically retired.  The accident had an adverse impact on our client’s mental health.

We pursued our client’s employer who in turn introduced a second defendant who was responsible for maintaining the simulators at the base.  Both Defendants denied liability throughout the entire claim.  The Defendants argued that our client was the author of his own misfortune by not wearing a seatbelt and moving around during the training exercises.  However, we proved that it was well-known common practice, despite their arguments to the contrary, for instructors to move around the simulator while teaching recruits.

Over the course of three years of complex, technical litigation, our client’s case was contested on all possible fronts: liability, medical causation, contributory negligence and the value of damages claimed.  Despite this, at a joint settlement meeting between all three parties, a very satisfactory settlement was reached and our client recovered £215,000 to compensate him for his past and future losses.

Our client is now able to enjoy his retirement safe in the knowledge that his future plans have not been scuppered by his accident at work.

Contractor suffers injuries to left foot after accident at work

Our client was a self-employed contractor working for the Defendant company as a lorry driver.  He was loading plywood from a forklift truck onto the side of a transit pick up vehicle with the help of a further colleague.  Another colleague was driving the forklift truck and reversed the truck, turning the rear wheels to the right so it would turn left as it steered from the back wheels.  As the forklift truck pulled away it ran over our client’s left foot and he was knocked to the floor and dragged slightly forward and back.

Our client suffered multiple injuries including fractures to his left foot and fibula.  His recovery was complicated by soft tissue problems and he went on to develop Complex Region Pain Syndrome (CRPS) in his left foot and ankle.  He also suffered psychological injuries as a result of the impact of his physical injuries.  He was unable to return to work following the accident.

The insurance company admitted liability for the accident, so investigations into the cause of the accident were not necessary.  This meant we could focus our attention on gathering evidence about the extent of our client’s injuries and losses.

We obtained supportive evidence from experts in the field of orthopaedics, pain medicine and psychiatry about our client’s condition and long term recovery.  Whilst the claim progressed, we secured him £20,000 in interim payments.  After gathering all of the necessary evidence, we reached a settlement figure of just over £153,000.  Although no amount of money can truly compensate our client for what he has suffered he is very pleased with the result.

£650,000 for employee who developed complex regional pain syndrome

Our client was awarded £650,000 in damages after he was badly injured whilst travelling as a passenger in his employer’s buggy.  At the time of the accident the vehicle was being driven recklessly by his boss before he lost control and crashed on private grounds.

In the accident, our client sustained crush injuries to his leg and later developed severe complex regional pain syndrome requiring the fitting of a spinal implant and psychiatric injuries.

Such was the extent of our client’s disability, nine separate experts were required to provide reports into his condition and long term needs.  Over £200,000 in interim payments were advanced to our client during the course of the case to help support these needs before the case settled.

Despite a long and complex dispute with our client’s employer, a very substantial settlement was eventually agreed outside of Court.

Employee receives £560,000 in compensation following fall from ladder

Our client worked as a caretaker for a church.  He was asked by the priest to wallpaper over the skylights in the church ceiling to prevent light shining onto screens where hymns were being projected.  Believing this to be dangerous, our client suggested other ways to block out the light.  The priest insisted and purchased wallpaper and paste for our client to use.

Our client was provided with a straight ladder, which stood on a laminate floor.  No risk assessment was carried out and no one held the foot of the ladder when our client was working at the top of it.  The ladder slipped and our client fell 20 feet. He suffered significant and multiple fractures to both his legs.

Several operations were carried out to fit an external cage to his lower left leg, insert plates and screws were into his right foot and fuse his left ankle.  He required a significant amount of care from his family and friends and he was unable to return to work.

The Defendant accepted responsibility for the accident.  We jointly instructed a case manager to provide our client with support during his recovery.  We secured interim payments of over £38,000 to support our client financially and pay for private surgery.

After receiving reports from various medical experts and commencing court proceedings, the Defendant made a settlement offer of £560,000.  Our client accepted this offer and was pleased with the result.

Out of court settlement following an accident at work

Our client was working as a banksman on a tunnelling and excavation site.  He was guiding a lorry through the gates to the site when he slipped and fell on the ground.  He suffered a minor head injury that left him with frequent headaches and cognitive difficulties, as well as orthopaedic injuries.

Expert evidence showed that although our client could return to work in the future, he would not be able to return to work in the construction industry and he would have to take alternative roles at a lesser wage.

His employers denied liability throughout but we were pleased to be able to negotiate an out of court settlement on our client’s behalf.

Employee suffers back injury after falling down stairs at work

Our client fell backwards down a flight of stairs whilst at work, after the banister came away from the wall.  He landed heavily on the right side of his back, which caused soft tissue injuries around our client’s spine and an aggravation of a pre-existing hip condition.

Our client then began to suffer from persistent pain in his back and hip, which made physical activity and sitting and standing for any length of time very difficult.  His physical symptoms also lead to him suffering from a depressive disorder.

After court proceedings were issued, judgment was obtained against our client’s employer.  Our client relied on the medical evidence that we obtained from independent orthopaedic, psychiatric and pain specialists to support his case.

We obtained £17,500 in interim payments for our client to help him cope financially whilst his claim was ongoing.  We then successfully negotiated a final compensation settlement of £59,000.

Employee suffers amputation of three fingers in accident at work

Our client was employed by the Defendant company as a crane operator when he had an accident at work.  Our client’s employer asked him and his colleagues to dismantle a crane, which needed to be done on the ground.  Due to an oversight on the employer’s part, there was not enough space to carry out the dismantling of the crane on the ground, so it had to be carried out in the air, using another crane for support.

Our client was asked to stand on top of a container to wriggle a section of the lattice free, whilst it was being supported by another crane.  Due to an imbalance in the section he was holding, when it came free it popped up and back down again crushing the tips of our client’s middle, ring and little fingers of his dominant right hand.  He later had the tips of his three fingers amputated in hospital.

We brought a claim against the employer for their failure to take adequate care of the safety of our client and for exposing him to a foreseeable risk of injury.  Whilst the employer admitted some degree of fault, they argued that our client contributed to his injury by placing his hand in a area where there was a risk of danger.  We maintained our position, in that the crane should not had been dismantled whilst airborne and that the incident could have been entirely avoided if the employer had carried out an appropriate risk assessment.

We arranged for our client to be examined by a hand surgeon, a psychiatrist and an occupational therapist to assess his injuries, his current and future needs and to assist us in valuing his claim.  Whilst our client was able to return to work, he had ongoing issues with movement, grip and sensation in his hand.  As a result, we successfully argued that our client was likely to be disadvantaged on the open labour market because of his injuries.  He was also very self conscious about his hand’s appearance.  We therefore obtained advice from a prosthetic expert, who provided us with the cost of silicon prosthetic fingers for our client.  This was factored into the value of his claim.

We subsequently negotiated a final settlement of £210,000 for our client, which he was very happy with.

Arm injury at work developing into complex regional pain syndrome settled for £240,000

The Claimant was employed as a labourer. Whilst at work in March 2014, he was injured when a colleague suddenly reversed a work vehicle while his arm was resting on the open passenger door during a conversation.  His arm became trapped between the open door of the vehicle and a nearby wall.  He suffered a serious crush injury and fracture to his left ulna and was taken to hospital.

During the Claimant’s recovery, he developed intermittent stabbing and burning pains in his arm and neck.  This was diagnosed as Complex Regional Pain Syndrome (‘CRPS’) and he was referred to a pain clinic.  CRPS is a poorly understood condition in which a person can experience persistent severe and debilitating pain.  Unfortunately, the pain continued to spread and he was eventually described as having a chronic pain syndrome complicated by depression.  The Claimant’s mobility became very restricted and he had substantial care needs.

The Defendant (his employer) admitted liability at a fairly early stage, but suggested that the Claimant was partially to blame for the accident (also known as contributory negligence).

We had to obtain evidence from experts in a number of different fields due to the extent and complexity of the Claimant’s injuries.  These fields included Orthopaedics, Pain Medicine, Psychiatry and Rheumatology.  A case manager was appointed to coordinate the Claimant’s rehabilitation in order to maximise his recovery.  We secured interim payments (monies paid before a claim is settled) to help ease the financial pressure on the Claimant and his young family whilst he was recovering from his accident at work.  Fortunately, after some time, the Claimant showed positive signs of improvement.  This was in large part due to us putting in place the right treatment and support for him.

Despite the Defendant raising allegations of fundamental dishonesty, a successful settlement was eventually reached without the need for this case to proceed to trial at Court.  The Claimant’s claim was settled in October 2018 for £240,000.

The Claimant now has the financial security to persevere with the recommended multi-disciplinary treatment which we hope will get the Claimant back on his feet, back to work and most importantly, making up for lost time with his son.

Employee receives £325,000 following accident on building site

Mr Jones (not our client’s real name) was involved in an accident at work.  He was visiting a building site when a bundle of scaffolding poles collapsed and rolled on top of him.  Although he had been wearing protective clothing, he suffered multiple fractures to his lower legs, ankles and feet.

My Jones initially underwent multiple operations where metalwork was inserted to repair his fractures.  He later had further surgery to remove some of this metalwork.  His rehabilitation also consisted of physiotherapy, podiatry appointments, swimming, Pilates and gym sessions.  In addition to his physical injuries, Mr Jones also suffered from post-traumatic stress disorder (PTSD) for which he was treated with cognitive behaviour therapy (CBT).

Mr Jones initially struggled to return to work due to his continuing pain and discomfort.  When he did return, he worked a reduced number of hours in order to attend his rehabilitation appointments.  He had also been provided with a substantial amount of care and assistance by his partner.

We were instructed by Mr Jones to bring a claim against the owner of the site for his injuries and financial losses. After writing to the site owner notifying them of our client’s claim, two other potential defendants were identified; the controller of the site and the controller of the scaffolding.  We subsequently brought additional claims against these further defendants. Following negotiations, liability was admitted by all three defendants in full.  They each agreed to contribute a third to Mr Jones’ compensation.

Throughout the claim we obtained interim payments for Mr Jones totalling £25,000, which helped fund his treatment. We appointed a case manager to assist in coordinating his rehabilitation.  We also instructed an orthopaedic expert and a psychiatric expert to examine him and provide reports on the extent of his injuries, the likely timescale of his recovery and any treatment recommendations.

We maintained an good relationship with the Defendants’ legal representative and following some further negotiations agreed a final settlement of £325,000 for Mr Jones.

Interim payments help to ease the pain of a nasty fall

Scott Richards (not our client’s real name) had been injured for almost 3 years before he approached Bolt Burdon Kemp to fight his claim for compensation. He had fallen backwards down a flight of stairs at work because the banister had come away from the wall. He had landed heavily on the right side of his back, which caused soft tissue injuries around his spine and an aggravation of a pre-existing hip condition.

Scott subsequently developed persisting pain in his back and hip, which made physical activity and prolonged sitting and standing very difficult. He also became clinically depressed. We issued court proceedings in advance of the three year time limit to protect Scott’s legal right to bring a claim.

After court proceedings were issued, Scott’s employer admitted responsibility and we obtained expert medical evidence from independent orthopaedic, psychiatric and pain specialists to allow us to put a value on his claim.

We obtained £17,500 in interim payments to help Scott cope financially whilst his claim was ongoing. Just over 18 months after being instructed, we successfully negotiated a final compensation package of £59,000.

Scaffolding accident causes shoulder injury

Our client, a 63 year old painter and decorator, suffered a significant injury to his shoulder whilst working on a building site. He climbed down a ladder, walked along some scaffolding and caught his foot on an aluminium trim that was protruding at the end of one of the scaffold boards. This caused our client to fall forwards and hit his shoulder against a nut and bolt joiner, which held two scaffold poles together.

Our client suffered a serious shoulder fracture and a soft tissue injury to his neck. He also suffered a psychological reaction to the accident. We brought a claim on behalf of our client against several potential defendants including the client’s employer and the scaffolding company. The client’s employer admitted liability for the accident.

We valued our client’s claim by obtaining medical evidence from a shoulder expert, a pain management expert and a psychiatrist. It was reported by the experts that our client had no prospect of returning to work before retirement age, owing to the ongoing pain symptoms in his shoulder. We managed to negotiate an out of court settlement of over £100,000 for our client.

Assault in the work place resulting in Post Traumatic Stress Disorder

Miss A worked as a residential care worker, looking after young people suffering from behavioural difficulties, many of whom had a history of violence. She was assaulted twice in the course of her employment by the same young person, who had also previously assaulted other staff members. As well as suffering a mild head injury, damage to her eyes and widespread bruising, she also developed significant symptoms of Post Traumatic Stress Disorder which prevented her from working. Medical evidence found that although she would likely recover from her injury with treatment, she would always be at risk of a relapse in the future.

The Defendant denied liability for the assaults, as they believed that they had done all that they could to protect their employees and that they could not have foreseen the assaults or prevented them. Our claim was that there were clear indications that an assault was going to occur, but that they failed to take any action to protect our client until after she had suffered two serious assaults, which we argued that, by this time, such action was too late.

We were successful in negotiating a settlement of £43,000 for our client, just 6 weeks before the trial was due to take place.

Hydraulic arm of skip lorry causes crush injury to employee’s arm

Our client, a crane operator, suffered a significant injury to his arm whilst helping a lorry driver raise a skip onto the lorry bed. The skip was lifted using the lorry’s hydraulic arm. Meanwhile, our client went to pull a debris cover out of the way. In doing so his arm became trapped between the lorry bed and the hydraulic arm. After his arm was trapped for a few seconds, the hydraulic arm was lifted back up. He was taken in an ambulance to hospital, where it was found that he had sustained crush and puncture wounds. Fortunately, no bones were broken.

Our client was kept in hospital for five days, during which time he underwent compartment surgery on his arm. Since then he has also had a skin graft operation.

We sent letters of claim to the client’s employer and the skip company. Primary liability for the accident was later admitted by the client’s employer. It was agreed between the parties that our client would accept 33% contributory negligence for attempting to grab the debris sheet.

Once medical evidence of our client’s injuries had been obtained, we negotiated a £40,000 out of court settlement for our client.

Scaffolding accident causes serious knee injury

Our client, a window glazer, was involved in an accident whilst he was working on scaffolding. He stepped down from a ladder onto a scaffold board, which gave way from underneath him. He fell from first floor level to the ground. He suffered a severe injury to his knee. He was taken to hospital in an ambulance and underwent surgery. Our client was unable to return to work for four months, following which he returned to light duties.

A claim was brought against the client’s employer and another company who were contracted to build the scaffolding. Liability was initially denied by both Defendants. Following our investigations, liability was conceded by both Defendants, who agreed to each contribute 50% towards our client’s compensation.

We instructed an orthopaedic surgeon, a plastic surgeon and a psychiatrist to report on the extent of our client’s injuries. Throughout the duration of our client’s claim, we obtained interim payments to assist him financially. Following extensive negotiations, we negotiated a settlement of £46,000 for our client.

Accident caused by a detached excavator bucket

Our client suffered severe orthopaedic, neurological and psychiatric injuries when struck on the head and left (dominant) arm by a 1-tonne bucket that became detached from an excavator and fell on him. He was rendered unconscious immediately. He suffered a left brachial plexus and arterial vascular injury; the left circumflex nerve was ruptured, the medial cord was contused and the lateral cord narrowed.

There was also a dislocation of the acromio-clavicular joint, a fracture of the left radius and fractures to the metatarsals of both feet. The Claimant underwent several operations and remained for many months in very severe pain.

We recovered £800,000.00 for this client.

Falling concrete block causes brain injury

Mr H, a construction worker, was hit on his head by a falling concrete block. He sustained a fractured skull, loss of consciousness and permanent loss of sense of smell and taste due to brain injury. He suffered some ongoing cognitive deficits, reduced organisational skills, short term memory problems and mild depression.

We obtained £285,000 in compensation for him.

Prison worker attacked by inmate

Mr Y was employed by the Defendant, the Home Office, at a prison as a civilian instructor teaching inmates manual trades.  He was assaulted by two inmates in the course of their escape from the prison. Mr Y suffered a laceration requiring 13 stitches and a hairline fracture to his skull. He subsequently became depressed and made suicide attempts.

He developed post traumatic stress disorder and took medical retirement. The Home Office, who initially denied liability, made an offer to settle the claim for £18,000.

The case settled the day before trial for £180,000.00.

Falling pallet causes brain injury

Mr R sustained serious head injuries when, while he was working as a forecourt attendant, a metal pallet fell from the back of a lorry onto his head during the delivery of stock to the service station.

Mr R sustained a fracture of the left side of the skull, contusion of the right temple lobe of the brain and a thin subdural haematoma in the right parietotemporal region.

Fortunately, Mr R made a remarkable recovery from his injuries and we were delighted to achieve a settlement for him of £150,000.00.

Crush injury to fingers

Our client was unloading two large excavator buckets from a tipper lorry whilst at work. In order to reach the buckets he stood on the forks of a fork lift truck. One of the Claimant’s colleagues was operating the fork lift truck and he moved it up too high which trapped our client’s left hand in between two parts of the truck.

Primary liability was admitted by the defendants (employers) however one third was deducted to reflect the Claimant’s own negligence because he had been instructed not to stand on the forks in this way and there was a sign on the fork warning against this. Our client suffered crush injuries to three of his fingers on his left hand including amputation of the tip of his index finger which required complicated surgery on two occasions.

Fortunately he was able to return to work however he continued to suffer from severe cold sensitivity, weakness on gripping and pain. We negotiated compensation for the Claimant in the sum of £145,000.

Carpenter overcome by solvent fumes

Our client, a carpenter, was overcome by solvent fumes in a confined space while using a strong adhesive to fit floor tiles. The employer had failed to assess the risk of this happening, or to choose a safer alternative product.

Our client suffered hallucinations, thought he was going to die, and lost consciousness. He later tried to return to carpentry work but was troubled by flash-backs of the incident whenever he used adhesives.

The employer resisted the claim, and we took the case to trial, where our client was awarded £145,000 damages.

Fall from height

We represented a man who fell 15 ft from a flat roof whilst working as a heating and ventilation engineer. He was given a ladder to access the roof which was not long enough and he lost his balance whilst trying to move from the ladder to the roof.

Our client was x-rayed and diagnosed with a fractured spine and was treated accordingly with a back brace, however it was later discovered that he didn’t suffer a fracture and what was seen on the x-ray was a pre existing condition called Schuermann’s disease.  He suffered depression and developed chronic pain syndrome.

We obtained £139,000 compensation for our client.

Work accident at sea

We acted for Mr M who was employed as a deck bosun on board a ship in the North Sea. He was injured in an accident while being lowered from his ship into another boat (the daughter craft) when there was a failure (either mechanical or human) and he dropped at speed into the boat below.

Our client suffered a fractured spine. As a result of his injuries he was not able to continue working as a sailor. Fortunately his employers re-trained him once he was able to go back to work and he was given an office job. The claimant argued that had the accident not occurred, he would have been promoted to chief mate within 5 years. This was disputed by the defendant. In addition there was a dispute as to whether he would have been able to continue claiming his income tax back (SED). We instructed a forensic accountant who prepared a report as to the claimant’s loss of income and obtained witness evidence to support the claimants claim.

We obtained £130,000 compensation for Mr M.

Scaffolding Accident

Mr D was 33 years old when he was working for a sub-contractor fitting fire doors at a nuclear bunker site in Northwood. He slipped from a scaffold platform, fell 2 metres, and sustained a fracture to his spine at T12, and left scapula.

He was off work for 1 year and we recovered £125,000 in compensation for him.

Fall in car park at work

We acted for a client who suffered a back injury after falling over in the car park at work. Our client had left the office for the evening and as she made her way over to her car, she tripped over some steps and fell on the ground. She didn’t see the steps because the lighting in the car park was broken and it was very dark.

Our client suffered an acceleration of a pre existing back injury in the accident and was unable to work in her previous job because she was unable to sit down for long periods of time. In addition to the back injury, she suffered with depression after the accident due to the pain and the impact that the accident had on her life.

We obtained £116,784.95 compensation for our client.

Crush Injury to hand

Our client, a low-loader driver, had his left thumb crushed when loading heavy equipment as a result of his colleague’s negligence. The employer admitted responsibility and after collecting evidence about his injuries and his future job prospects, we negotiated compensation of £113,000

Right hand caught in mill

Our client, a production worker, operated a large mill producing rubber mats for cars. As a result of the employer’s faulty safety arrangements and inadequate safety procedures, his right hand was crushed by a roller. He had made a partial recovery by the time we had secured an admission of liability and compensation of £105,000.

Care worker suffers lifting injury

Mrs O was a care worker working in an old people’s home and employed by the London Borough of Camden. Part of her job was to help lift patients. As a result of the Council’s unsafe lifting practices, she developed a back injury which prevented her from working. She was awarded £90,000 at trial.

Hand caught in machinery

Our client, Mr B, was working as a labourer on a construction site and was asked by one of the foremen to clean the Trommel machine. The Trommel machine was used to crush and breakdown waste from construction sites. Mr B had not been given any training in relation to cleaning the machine. The foreman showed him how to perform this task which involved using a shovel or hand to dislodge debris and soil/rubble that had become caught in the belts, while the belts were moving.

Mr B caught his right hand in the machine and suffered a degloving injury whereby the flesh and skin was torn from his hand. Mr B had to undergo surgery to repair the damage and had two skin grafts to improve the appearance of his hand. We obtained £80,000 compensation for Mr B.

Fall from a rooftop

Mr M, a 34 year old shutterer, fell from an unguarded rooftop 30 feet to ground below, sustaining fractures to both wrists. We secured him £80,000 in compensation

Housing worker threatened at work

Our client was employed as a support worker for a housing association, specialising in providing accommodation for men who had been homeless or in prison. The service users she supported often had drug and alcohol problems and anger management issues. She was threatened by two service users who both became fixated with her, and when their ‘advances’ were rebuffed, later made abusive and violent threats to her and her family. Our client went off on maternity leave some months after all this started, but felt that due to the lack of support from her employers, she could not return.

She was diagnosed with Post Traumatic Stress Disorder by the Claimant’s expert and her treating doctors. The Defendant’s expert diagnosed her psychological problems (which included intrusive thoughts, flashbacks and nightmares) as post natal depression. Finding it difficult dealing with the litigation due to her ongoing psychological problems, our client agreed an out of court settlement with her employers for £75,000.

Dumper truck falls into a cable pit

Our client was employed as a ground worker at a construction site on Guernsey. He was driving a dumper truck moving soil from an excavation site to a spoil heap. The construction site had several cable pits which were not properly covered or marked.

The ground beneath our client’s truck gave way and the truck fell into a cable pit. Our client was thrown forwards and the left side of his chest hit the roll bar of the dumper truck. He suffered a back injury, several broken ribs and a haemopneumothorax which required hospital treatment and an operation. Our client tried to return to work but was unable to cope. We obtained £70,000 in compensation for our client.

Nurse suffers lifting injury

Ms S, a Nursing sister, injured her neck while moving a large immobile patient in bed. Ms S’s injury meant that she was unable to return to ‘hands-on’ nursing although she found a clinic-based job, which did not involve any lifting or moving.

Ms S had had two previous firms of solicitors acting for her. Neither firm had managed to understand the case properly nor obtain the appropriate expert medical evidence. We did and as a result obtained £70,000 compensation for our client.

Partial amputation of index finger on dominant hand

We acted for a lady whose right index finger got caught in a heavy faulty door when it slammed at high speed. The accident occurred at work. As a result of the accident she lost most of the pulp of her index finger. She underwent plastic surgery to try to reshape her finger tip but she was left with pain in the finger and some functional problems. The finger also represented an obvious cosmetic deformity.

As a result of the accident she also developed psychological symptoms including depression and anxiety and she underwent psychological therapy. We obtained £65,000 compensation for our client.

Finger crushed by concrete post

We acted for a young labourer in a work accident claim. At the time of the accident he was moving pieces of concrete from the back of a van into a skip at his employer’s yard. It was a dark winter evening and there was hardly any light in the yard. The pieces of concrete had been cut up by one of the claimant’s colleagues. The claimant was moving a particularly large piece of concrete with one of his colleagues when his colleague let go of his end without warning. The claimant was not expecting this and his left index finger was crushed against the side of the skip and the piece of concrete. The claimant suffered a serious fracture (compound comminuted fracture) of the index finger. He underwent surgery to fix the fracture and had extensive hand therapy however he was left with permanent symptoms in that he was unable to bend the finger properly. Liability was initially denied by the employers as they alleged a different version of events in which the claimant was to blame. We issued court proceedings against them and they admitted primary liability.

We obtained £55,000 compensation for the claimant.

Assault by hospital inmate

Mrs M a 62 year old care assistant at a psychiatric hospital was assaulted by an inmate in the course of her duties. The assailant should not have been on the unit. Mrs M was deeply traumatised by the event and was unable to return to work. We obtained £60,000 for our client from her employer.

Manual handling accident

We acted for a man who worked in a hospital as an anaesthetist assistant. He was assisting the anaesthetist turn a heavy patient onto her side when he suffered a back injury.

The anaesthetist turned the patients head and neck and our client was required to turn the rest of her body. There was no manual handling equipment available to use and no additional members of staff to assist. The NHS Trust admitted breach of duty. He was diagnosed with suffering a prolapsed disc. We obtained £50,000 compensation for our client.

Production worker allergic to latex

Our client was a production worker in a factory which re-cycled empty ink cartridges for computer printers. He was issued with latex rubber gloves, to which he was allergic. His employers failed to respond promptly or adequately to his complaints, and he developed asthma. We took court proceedings, which were settled shortly before trial for £50,000.

Back injury caused by moving metal handrails

Our client worked for a company which specialised in weatherproofing and insulating roofs and balconies. He was working on a fourteenth floor balcony, clearing the area for laying insulation, and he and a colleague moved some metal handrails which had been left in the way by another firm of contractors.

Our client injured his back as a result and was treated initially with injections, eventually having to undergo an operation to remove one of the discs in his back. He had to have a lot of time off work sick, and was eventually made redundant from his job. We settled the case just before trial for £45,000 plus payment of our client’s legal costs.

Keyboard operator’s upper limb disorder

Ms T worked for a large company. She was conscientious, and her work involved long hours of keyboard work at the office, stretching well in to the weekends. She began to develop painful upper limb symptoms but struggled on until she was physically unable to continue. She was depressed and very worried about asserting her claim, for fear of jeopardising her job and the sick pay she was receiving.

We investigated her medical condition, and found that she had 3 separately-diagnosed upper limb disorders, some caused by her work and some not. Legal proceedings were issued, and within 6 months of those proceedings being sent to the opponent, we had negotiated a settlement of her injury claim, and advised her on a package of terms for voluntary redundancy, totalling £45,000.

Back injury suffered after colleague pulls chair away as Claimant sits down

We acted for a lady who was injured at work when one of her colleagues pulled her chair away as she was about to sit down. It appears that this was not done deliberately but nonetheless, our client fell onto her coccyx and suffered a back injury. We obtained £40,000 compensation for this client.

Stonemason with RSI accepts offer two days before trial

Our client worked as a stonemason and her work involved some heavy lifting and working with her arms above shoulder height and often in awkward positions. Our client started experiencing pain in her left shoulder, associated with repetitive nature of her work, which she reported to her manager and the HR department.

However, little was done to risk assess our client’s working conditions and to resolve her health problems. Our client was later diagnosed as suffering from tendinitis in her left shoulder. She subsequently developed tendinitis to her right shoulder. Her employer made her redundant. Our client had to have two surgeries on both her shoulders to treat tendinitis and alleviate the pain resulting from it.

We sued our client’s employer for their failures to carry out adequate risk assessments and ensure that our client has adequate rest breaks, etc. The medical expert we instructed reported that our client’s injury to her right shoulder was caused by her work and that as a result of this, she would be disadvantaged in the work place for a period of five years. It was also found that our client’s injury to her left shoulder was aggravated by her work.

The employer admitted liability but disputed the extent to which they were responsible for our client’s injury and the value of our client’s claim including her loss of earnings claim. We successfully negotiated a settlement of our client’s claim two days before the trial. Our client received £40,000.

Head injury whilst working at McDonalds

Our client worked at a McDonald’s restaurant. She was serving a customer when suddenly a TV monitor fell from its bracket on the wall and hit her on the head, knocking her to the ground. As a result our client sustained a minor head injury which caused moderate hearing loss, migraines, and a degree of anxiety in that she became very nervous about things falling on her

The migraines were very severe in nature as a result of the accident and affected her 6 days out of every 4 weeks. We referred the Claimant to an expert who treated her migraines with migration which improved her symptoms greatly so that she has now returned to her pre accident level. The ENT expert that we instructed recommended that she use small digital hearing aids in both ears to remedy her hearing loss. The Claimant was absent from work for 2 weeks but was paid in full. We obtained compensation for our client in the sum of £38,250.

Slip on wet staircase

Our client’s workplace was arranged over two floors, connected by an external staircase which was open to the elements, broken, and poorly-lit. One winter’s evening he slipped and fell, sustaining damage to his ankle ligaments from which he made a partial recovery. The company went into liquidation and we had to restore it to the Companies Register before suing it and obtaining compensation from its insurers of £31,000.

Broken leg on building site

Mr G was a shutterer working on a building site. An RSJ fell onto his leg, fracturing his tibial plateau (knee joint).  Off work for 3 months, he later made a full recovery and he won £30,000 in compensation.

Production worker’s asthma at electronics factory

Our client produced electronics components for the defence industry. She used a combination of fluxes, solders and cleaning fluids, some of which contained a known asthmagen.

A substantial increase in the number of soldering operations, together with a new combination of chemicals, provoked an asthmatic reaction which became long-term. The claim was settled for £30,000.

Trip & Slip Claims

Woman receives £150,000 following tripping accident on driveway

Ms White (not our client’s real name) was involved in an accident when she tripped on a defect in her driveway.  The incident occurred whilst she was returning to her rented flat.  The defect was several centimetres deep and caused Ms White to severely twist her ankle.

Ms White was taken to accident and emergency, where she was diagnosed as having suffered from an avulsion fracture and ligament damaged.  Her injuries failed to heal as expected. Months later after significant investigation, she was found to have developed Chronic Regional Pain Syndrome (CRPS).

Maintenance of the property’s common areas, including the driveway, was the responsibility of a management company. We wrote to the management company on behalf of Ms White notifying them of her claim.  Whilst they accepted some responsibility for what had happened, they alleged that Ms White was negligent herself in that she should have known where the defect was.

Following our investigations, it transpired that the driveway was covered in numerous similar defects making it impossible to remember them all.  Furthermore, repair works had been put off by the management company for a long time.  We took witness statements from other residents of the flats in support of this.

Ms White took various medications and underwent a variety of treatments to try and control her pain levels.  We arranged for her to be examined by orthopaedic, pain management and psychiatric experts who helped evaluate Ms White’s prognosis and rehabilitation requirements.  We also obtained an interim payment for her to support her financially whilst her claim was ongoing.

Little over a year after being instructed, we managed to obtain a settlement of £150,000 for Ms White.

Trip and fall over low parapet wall into basement flat

Our client rented a Victorian style first floor flat from a professional landlord.  It is presumed that the Claimant tripped and fell over a low parapet wall into the basement flat area below which was a 15 foot drop onto concrete as he was trying to open his front door. The Claimant had been drinking in a local pub with a friend on the night of the accident. The Claimant sustained a traumatic brain injury as a result of the fall and could not remember the accident. There were no witnesses. At the time of the accident the Claimant was a chef and it was his goal to become a head chef. As a result of his brain injury he was unable to pursue this career but was able to continue working as a chef at a low level. We issued court proceedings against the professional landlord and obtained compensation for our client in the sum of £275,000 at a joint settlement meeting.

Slip on scaffolding accident

Mr D was 33 years old when he was working for a sub-contractor fitting fire doors at a nuclear bunker site in Northwood. He slipped from a scaffold platform, fell 2 metres, and sustained a fracture to his spine at T12, and left scapula. He was off work for 1 year and we recovered £125,000 in compensation for him.

Slip on wet staircase at work

Our client’s workplace was arranged over two floors, connected by an external staircase which was open to the elements, broken, and poorly-lit. One winter’s evening he slipped and fell, sustaining damage to his ankle ligaments from which he made a partial recovery. The company went into liquidation. We therefore had to apply to restore the Company to the Companies Register before we were able to commence court proceedings against it. We were successful in our claim and obtained compensation from the Company’s insurers in the sum of £31,000.

Children’s Accident Claims

Catastrophic injuries for boy on his bicycle

Our client was aged 12 when he cycled from land owned by a local council onto a ‘cycle way’, straight into the path of a moped; he suffered very serious head injuries. Our client’s mother had originally instructed another firm but was dissatisfied with their lack of progress and 7 years later, transferred the case to Bolt Burdon Kemp. We argued that the local council knew that there was a risk of children cycling from their land on to the cycle way and they should have fenced off the land to prevent such accidents happening.

A barrister advised that the claim would not succeed because, with the passage of time, we could not trace witnesses to previous similar accidents. However, we persevered in investigating and ultimately succeeded in obtaining evidence in support of the claim, producing a settlement of liability approved by the court of 70/30 in the Defendant’s favour. Before the accident, our client had been a normal school boy who – when he left school – would have gone into a semi-skilled or skilled manual job and enjoyed normal social interaction and family life. The accident meant that instead he suffered a severe head injury, with fractures to the temporal and basal skull and a subarachnoid haemorrhage. He was unconscious for several weeks and had extensive post traumatic amnesia. Although he made a good physical recovery he developed dysexecutive syndrome with very little insight into his predicament. He was unable to plan ahead or to do more than one task at a time, and also suffered from complex partial seizures with loss of consciousness. We contended for a structured life package involving significant amounts of time devoted entirely to leisure pursuits with short periods of work.

The Defendant made a payment into Court of £165,000, which they later increased to £550,000. This was rejected and by negotiation the Defendant’s offer was increased to £600,000 (the equivalent of £1.8m on full liability), which was accepted and approved by the Court.

Young boy injured in road traffic accident

Our client was almost 4 years old at the time of the accident. He was a front seat passenger on a booster seat in a car being driven by the defendant. They were travelling in the car around the corner of a country lane, when a couple of horses passed on the other side of the road. The defendant lost control of the car which hit a tree stump and rolled over. As a result our client suffered a very serious crush injury to his left hand and a chronic adjustment reaction with post-traumatic features. As a result of complications during surgery our client also developed a bald patch on the back of his head as a result. Liability was established in this case and following negotiations between the parties our client’s case settled for £375,000, subject to the court’s approval.

Ground breaking court decision for injured boy

Our client was a 10 year old boy who cycled across a junction, straight through a give way sign onto the main road. He was struck by a car which was not exceeding the speed limit but we sued the driver and the owner of a car parked on the junction which had blocked our client’s vision at the crucial moment. The court found our client 50% to blame, and established that driving within the speed limit does not exclude negligence against a driver and that parking cars on the corners of junction and impeding visibility is negligent.

Teenager falls in derelict building

Miss F, 13, suffered a very severe head injury when playing with friends in a derelict building. She fell through a hole in the top floor and fell 15 feet, landing on concrete. Although she was a trespasser, we succeeded in establishing that the occupier was 75% responsible and went on to recover £275,000.00 compensation for her.

Shaken baby

Miss E sustained catastrophic brain injury when she was two months old, as a result of a violent shaking by her father who subsequently pleaded guilty to the offence of assault causing grievous bodily harm. As a result of her injuries Miss E suffered cerebral palsy affecting all four of her limbs, with fits and seizures controlled by medication. She would have significant developmental delays and extensive health and care needs, unable to sit up or roll over and with poor vision. We achieved the maximum award of £250,000.00 for the injuries themselves within 2 years of applying to the Criminal Injuries Compensation Authority for compensation. In addition we successfully persuaded the CICA to pay the costs of setting up and administering the trust fund, when normally those costs would be deducted from the award.

Last minute settlement for motor cycle courier

Mr B was 16 years old and working as a motorcycle courier. As he was driving his scooter, the door of a parked van opened and to avoid a collision, he was forced onto the opposite carriageway where he was struck by a motorcycle coming in the opposite direction. Mr B sustained catastrophic head and spinal injuries. We sued both the van driver and Mr B’s employer, the latter having provided a vehicle which Mr B was too young and untrained to ride, and effectively the means for him to have a serious accident. Days before the liability trial, both Defendants jointly accepted 90% liability for our client’s accident.

Cycling Accident Claims

Cyclist suffers degloving injury to lower leg

Our client was involved in a road traffic collision with a car whilst cycling in London. The driver failed to give way to our client at a T-junction, crashed into her and drove over her leg. She suffered a serious degloving injury to her lower leg and a fractured fibula. She underwent numerous operations to her leg, including a skin graft from her thigh to her lower leg.

The driver of the car was convicted of driving without a licence and driving without due care and attention. After notifying the driver’s insurer of the claim, they provided our client with interim payments to privately pay for her plastic surgery. The parties jointly instructed a rehabilitation agency to arrange an occupational therapy assessment and psychological help for our client.

Before the accident, our client was very active. She particularly enjoyed cycling and yoga. The accident stopped her from enjoying her hobbies for a long time. Her mobility improved greatly, but she was left with permanent unsightly scarring to her leg. The accident also caused disruption to our client’s career in headhunting due to her continuing pain and having to attend frequent appointments for treatment.

In order to prove the extent of our client’s injuries, we instructed orthopaedic, psychiatric, plastic surgery and pain experts. These four experts examined our client and provided reports on her condition and treatment requirements. The reports caused the Defendant’s insurer to make an initial settlement offer. We negotiated with them to agree a settlement of £140,000, within one year of taking on her case.

Cyclist sustained head injury in collision

Our client was cycling down a main road when the Defendant driver pulled out from a side road on his left hand side and drove into him.

Our client sustained a minor head injury and displayed symptoms of concussion, aggressive moods and memory loss.

Liability was admitted. We obtained expert evidence from a neurologist and neuropsychologist which confirmed our client’s injuries and made recommendations for treatment.  We obtained an interim payment of damages that paid for specialist therapy as recommended by the neuropsychologist.

We went on to successfully negotiate settlement of the claim.

Cyclist suffers damage to eyesight as a result of his head injury

Our client was cycling on a main road in central London when he was in a collision with a van.  Although our client did not remember the accident, one witness we obtained evidence from estimated that the Defendant van driver was travelling at 70mph.

The police prosecuted the driver for driving without due care and attention, to which he pleaded not guilty.  At the criminal trial the driver was convicted.  Despite the criminal conviction, the Defendant driver still refused to admit liability.

Our client sustained a mild head injury, with damage to his optic nerve, which caused him to have double vision.  For a time this affected his job as an architect.  Thankfully his vision recovered with time.

We successfully obtained damages that included compensation for our client’s loss of earnings and psychological therapy.

Injured cyclist finds it is worth instructing specialist personal injury solicitors

Our client was a cyclist who had been going downhill around a sharp hairpin bend.  A car being driven by the Defendant was travelling up the hill from the opposite direction.  The Defendant cut the corner so that the offside of her vehicle was over the central white line and on our client’s side of the road.  The Defendant’s car collided with our client causing him significant injuries.

Our client suffered a trauma to the head which caused a loss of consciousness.  As a result he suffered post-concussion syndrome, permanent soft tissue injuries to his neck, injury to his shoulder, and permanent scarring to various visible places on his body.

Due to his head injuries, our client had a loss of earnings claim and although he was eventually able to return to work, he was not promoted as had been expected before his injury.

The Defendant denied liability on the basis that the Claimant was on her side of the road.  Our client was with another firm of solicitors for over two years before he approached us due to lack of progress and because it had reached a point where it was his word against the Defendant about whose fault the accident was.

We conducted further investigations into the cause of the accident and quickly obtained witness evidence from the paramedic and two other cyclists who had all arrived on the scene soon after the accident happened.  Their evidence supported our client’s version of events.  We also obtained supportive evidence from an accident reconstruction expert.

With further supportive evidence we were able to successfully settle our client’s case for a substantial five-figure sum of damages.

Our client was pleased that he had made the move to a specialist injury law firm and was impressed by our tenacious approach after taking over his case.  The use of top experts and our thorough investigations meant that we were able to secure an early settlement for our client.

Cyclist suffers broken shoulder in collision and receives £170,000 in compensation

Our client was cycling on the road when a driver going in the opposite direction turned right across our client’s path.  Our client suffered multiple injuries including a broken shoulder in the resulting collision.  He underwent surgery to insert metalwork into his shoulder, which was removed during another operation two years later.

Our client was dissatisfied with his first firm of solicitors – they didn’t secure any interim payments or treatment for him.  Shortly after instructing us, we obtained an interim payment for our client, which was used to help support him financially and fund therapy for him.

Before the accident, our client was studying for a degree in Economics and a self-employed driving instructor.  His injuries prevented him from working as a driving instructor for a long period and disrupted his studies.  We instructed orthopaedic and psychiatric experts to report on the extent of his injuries.

Our client made a good recovery from his physical injuries, but developed headaches and difficulty concentrating.  A neurologist expert confirmed that these symptoms were caused by the accident.  After obtaining supportive expert evidence, we negotiated a settlement of £170,000 for our client.

School Teacher receives £320,000 following cycling accident

Mrs Smith (not our client’s real name) was involved in an accident whilst cycling to work where she worked as a school teacher. Mrs Smith was knocked off her bike by the Defendant who was in a car when he failed to see her.  Whilst Mrs Smith was wearing protective clothing, she sustained multiple injuries include damage to her teeth, jaw and other soft tissue injuries.

However, beyond the more obvious physical injuries, it became clear that the accident had had a very significant psychological impact on Mrs Smith which in time, began to impact upon her day to day life and performance at work.  As part of our preparation of Mrs Smith’s claim for compensation, early medical reports were obtained which determined that the Claimant was suffering with Post Traumatic Stress Disorder (PSTD).

An early admission of liability was obtained and regular interim payments followed.  This ensured that Mrs Smith had access to the appropriate rehabilitation and cognitive behaviour therapy (CBT) she required during the course of the case, rather than have to wait until it was concluded.

As part of the overall claim for damages sought on Mrs Smith’s behalf, we argued that her long term employment prospects had been adversely affected by the accident and her injuries.  Accordingly, persuasive medical and witness evidence was obtained in support of the claim which suggested that Mrs Smith’s upward career trajectory had been damaged and she would therefore suffer financial losses into the future as a result.  This aspect of the claim was very significant but those acting on behalf of the Defendant disputed it robustly – suggesting her problems at work were unrelated to the accident.

However, following protracted negotiations with the Defendant, a very successful outcome was reached for Mrs Smith allowing her to focus upon her family and career once more – even if it looks a little different to how it might have but for the accident.  Mrs Smith can now be assured that despite her difficult experience, this settlement provides the financial security she deserves both now and into the future.

Cyclist recovers compensation to fund future surgery costs

Mr C suffered injury to his shoulder after he was knocked off his bicycle by a motor vehicle. He brought a claim against the driver of the vehicle for compensation for the personal injuries he sustained.

Mr C was examined by an orthopaedic surgeon, who discovered that he suffered from a pre-existing condition in his shoulder, which had been asymptomatic prior to the accident. The accident had caused the pre-existing condition to become symptomatic. As a result, Mr C suffered from significant pain, discomfort and a reduced range of movement.

We obtained evidence which showed that in the absence of the accident, the pre-existing condition would not have become symptomatic. As a result, the Claimant was able to recover the cost of his future treatment needs which included the cost of future surgery. We were successful in recovering £30,000 in compensation for Mr C.

Cyclist suffers permanent injury when hit by taxi

Mr K suffered a fracture to his right wrist when he was knocked off his bicycle by a taxi.  Unfortunately, the fracture failed to heal properly and progressed to non union.

We brought a claim for personal injury against the taxi company, as they were responsible for the actions of their driver.  As it was considered that Mr K was also partly responsible for the accident, liability was agreed at 80/20 in favour of Mr K.  This meant that he would receive 80% of the full value of his claim, as he was considered to be 20% to blame for the accident.

We arranged for Mr K to be examined by an orthopaedic surgeon who confirmed that as a result of the fracture and subsequent non-union, he had already begun to develop degenerative changes in his wrist.  Unfortunately, it was considered that these degenerative changes would continue to deteriorate until such time when the symptoms of pain and discomfort would interfere with his ability to work as an IT consultant.  He would then require fusion surgery to his wrist.

We were successful in securing £20,000 in compensation, which would enable Mr K to undergo the necessary surgery in the future on a private basis.

Cyclist hit by car suffered dental injuries

Our client had been cycling along a main road when a driver, travelling in the opposite direction, pulled across his path. Our client collided with the car and rolled over the roof. He landed on the ground and sustained fractures to his front teeth and minor injuries to his neck, back and knees.

We notified the driver’s insurers of our client’s claim for personal injury. Liability for the accident was subsequently admitted. We then instructed medical experts to examine our client and prepare reports on the extent of his injuries. Meanwhile we obtained advance compensation payments to assist our client financially.

The dental expert reported that our client’s upper central incisor teeth had been traumatised and that three of his other teeth had been chipped. The expert recommended that our client would need to have two root fillings and two crowns, which would need to be replaced twice in his lifetime.

Following negotiations with the driver’s insurers, we obtained a final settlement of £28,500 for our client. This compensated him for his injuries, his past and future dental treatment costs and also his other financial losses.

Cyclist suffers mild head injury

We represented an architect in a personal injury claim who was seriously injured in a cycling accident.

Our client suffered a head injury, widespread soft tissue injuries and a serious injury to his right shoulder which involved a number of fractures and dislocations. He also suffered psychological injury.

The Defendant driver pleaded guilty to careless driving and received 5 penalty points and a £500 fine. Liability was therefore admitted by his insurer.

As a result of his injuries, our client underwent three surgical procedures to his right shoulder and although his pain improved, he was left with residual difficulties. There was a risk that he would require joint replacement surgery in the future.

One of our client’s greatest concerns was that he felt that the accident had had and was continuing to have a detrimental effect on his career progression as an architect. We were successful in demonstrating that were it not for the accident, our client would have received a promotion within his firm and would have been earning more as a result. We were able to achieve £120,000 in damages to compensate him for his losses.

£1.2m for injured cyclist

We represented a young man who suffered life changing injuries in a cycling accident. Our client suffered very severe crush injuries to his leg, which resulted in a below knee amputation. In addition, he suffered a moderately severe brain injury and multiple fractures in his arm in a road accident.

Our client was cycling to work along a designated cycle path on his way to work. He attempted to cross the road after checking that it was safe to do so. Unfortunately the Defendant was speeding on the wrong side of the road, and an accident occurred. Our client suffered from retrograde amnesia and couldn’t remember anything about the accident.

The Defendant admitted primary liability for the accident, but alleged that our client was 50% to blame because he failed to stop at the give way line, and entered the road when it was unsafe to do so. In order to prove our client’s case, we carried out a site visit where the accident occurred, interviewed witnesses, obtained the police report, and obtained evidence from an accident reconstruction expert.  We issued court proceedings against the Defendant.  Shortly before the trial an agreement was reached in relation to liability and our client agreed to accept 20% responsibility for the accident.

In view of the catastrophic nature of the Claimant’s injuries, we had to obtain medical evidence from several medical experts.

We arranged for our client to have rehabilitation and private prosthetics which was paid for by interim payments of compensation throughout the case.

We arranged for our client to have financial advice and to set up a special needs trust to protect his entitlement to means tested benefits.

We negotiated settlement for our client in the sum of £1.2m.

Catastrophic injuries for boy on his bicycle

Our client was aged 12 when he cycled from land owned by a local council onto a ‘cycle way’, straight into the path of a moped; he suffered very serious head injuries. Our client’s mother had originally instructed another firm but was dissatisfied with their lack of progress and 7 years later, transferred the case to Bolt Burdon Kemp. We argued that the local council knew that there was a risk of children cycling from their land on to the cycle way and they should have fenced off the land to prevent such accidents happening.

A barrister advised that the claim would not succeed because, with the passage of time, we could not trace witnesses to previous similar accidents. However, we persevered in investigating and ultimately succeeded in obtaining evidence in support of the claim, producing a settlement of liability approved by the court of 70/30 in the Defendant’s favour. Before the accident, our client had been a normal school boy who – when he left school – would have gone into a semi-skilled or skilled manual job and enjoyed normal social interaction and family life. The accident meant that instead he suffered a severe head injury, with fractures to the temporal and basal skull and a subarachnoid haemorrhage. He was unconscious for several weeks and had extensive post traumatic amnesia. Although he made a good physical recovery he developed dysexecutive syndrome with very little insight into his predicament. He was unable to plan ahead or to do more than one task at a time, and also suffered from complex partial seizures with loss of consciousness. We contended for a structured life package involving significant amounts of time devoted entirely to leisure pursuits with short periods of work.

The Defendant made a payment into Court of £165,000, which they later increased to £550,000. This was rejected and by negotiation the Defendant’s offer was increased to £600,000 (the equivalent of £1.8m on full liability), which was accepted and approved by the Court.

Opening car door causes cycling accident

Our client was cycling when the driver of a parked car opened the door and knocked him off his bike. Our client suffered a major head injury and had to give up work. There were complex issues regarding his future earning capacity. He received £500,000 compensation.

Cyclist hit by car on wrong side of the road

Mr X suffered serious head injuries when he was knocked off his bicycle by a car driven by the Defendant. Liability was in dispute throughout. His injuries included frontal lobe injuries which resulted in language and communication difficulties and some intellectual impairment. There were no independent eye witnesses to the accident. Our investigations found a tyre mark on the road which showed that the defendant’s car was on the wrong side of the road at the time of impact. Following negotiations, the claim settled for £350,000.00, which took into account Mr X’s failure to wear a cycle helmet.

Cyclist not wearing a helmet

Mr W suffered very serious head injuries in a road traffic accident when he was knocked off his bicycle by a car being driven in the opposite direction by the defendant. The defendant denied liability, saying that Mr W had turned right across his path, giving him no opportunity to avoid a collision.

There were no independent eye witnesses to the accident and, because of his severe head injury, Mr W had no memory of the accident at all. By carefully analysing the damage to the bicycle and the car, the skid marks and the debris on the road we established that the collision had occurred on our client’s side of the road, while he was stationary waiting for the defendant to pass and that the defendant was to blame. Mr W, unfortunately, was not wearing a helmet and the defendant argued that he was entirely responsible for his own injuries. We obtained evidence from an independent cycle helmet expert and using calculations to determine the speed of the car, established that because of the speed and position of impact a helmet would not have made a significant difference to Mr W’s injuries. The Court approved a settlement of £350,000.00.

Foreign student hit by car

Our client was a German student studying and working part time in England. She was knocked off her bicycle by a car travelling in the opposite direction. She was 20 years old at the time of the accident and sustained a fracture to her right leg and a severe closed head injury. She was flown home to Germany in a coma from which she recovered consciousness about 4 weeks later. She remained in Germany receiving medical treatment and then rehabilitation and re-training. She had difficulties in organising and planning, an unreliable memory and her language and speech were badly affected. She could not continue with her chosen career as an optician but went on to recover £275,000 in damages, taking into account the German law on payment of medical expenses and rehabilitation.

Wheel of bus crushes cyclist’s right arm

We acted for a client who was knocked off his bicycle by a bus. Unfortunately the back wheel of the bus went over his right elbow.  He suffered a severe, open, fracture of the right (dominant) elbow involving the humerus, the ulna and the shoulder.  He also suffered a large de-gloving injury to the soft tissues of the right arm extending for almost the entire circumference of the arm; and a moderately severe post-traumatic stress disorder.  He underwent five surgical procedures including fixation surgery and plastic surgery plus physiotherapy and psychological therapy as a result of the injuries sustained in the accident.  He was employed as a landscape gardener at the time of the accident with a view to becoming a graphic designer in the near future. He was unable to work for 6 months. The bus driver was convicted of careless driving; however the insurers raised the issue of contributory negligence, alleging that the claimant was partly to blame for the accident. We issued court proceedings on behalf of our client on the basis that the bus driver was 100% to blame and shortly afterwards negotiated settlement in the sum of £125,000 compensation for our client.

Mother suffers nervous shock after witnessing aftermath of fatal cycling accident involving her two sons

We acted for the mother of two cyclists killed when they were knocked over on their bicycles by a bus.  In this tragic case, the mother came across the accident scene moments after it happened as she had arranged to collect the boys who had been on a bicycle ride. The bus driver was prosecuted for causing death by dangerous driving, but not convicted.  On the day on question, the road was narrow as a large about of snow had been pushed to the side of the road, the winter sun was very low in the sky and the driver had forgotten to wear his sun glasses. He said he did not see the boys who were cycling in single file ahead of the bus because he was concentrating on staying on the left of the centre white line of the single carriage road.  Our client suffered from nervous shock due to witnessing the aftermath of the accident which was extremely graphic and traumatic. This was a separate condition from the grief and bereavement she experienced following the death of her two sons.  At the time of the accident our client was employed on a part time basis as a practice nurse. She was unable to return to work and required ongoing psychological treatment. The prognosis from the medical expert was that she would never get over what happened. Obviously no amount of compensation would ever compensate our client for her tragic loss and in such traumatic circumstances.  We obtained £122,500 compensation for our client.

Cyclist hit by taxi

Our client suffered a fracture to her lumbar spine and an injury to her coccyx whilst cycling to work. Her bicycle was shunted forward by a taxi, which failed to slow down for traffic lights, and she landed heavily on her lower back. As well as spinal injuries, our client suffered from post-traumatic stress disorder for approximately six months. Following negotiations with the defendant’s insurers, we were able to obtain a settlement of £50,000 on behalf of our client.

Bus driver and motorcyclist to blame for injury

We acted for Mrs A, a cyclist, against two defendants. The defendants were a bus company and a motorcyclist. Our client was simply cycling along when the bus brushed against her causing her to lose her balance and fall from her bike. The motorcyclist then ran over her arm, causing a severe fracture to her elbow. Both defendants denied liability and the case went to trial. We achieved a 100% victory for our client, the blame being apportioned 70% against the bus driver and 30% against the motorcyclist for driving too close behind our client.

Cyclist thrown over handlebars

We at Bolt Burdon Kemp brought a compensation claim for a young woman who was involved in a cycling accident. Our client was cycling to work on a congested London road when a van suddenly crossed her path. She reacted quickly and pulled the brakes hard to avoid a collision and was thrown over the handle bars landing heavily on her chin. She suffered a spiral fracture to her right jaw which had to be surgically fixed. The Claimant had to undergo two operations and a prolonged period of wearing braces on her teeth to correct an open bite that developed as a result of the fracture. Liability was denied as the van driver said that he was edging out waiting to turn right into a drive way when the Claimant saw him, panicked, overreacted and pulled the brake too hard. There was therefore a dispute as to the accident circumstances and unfortunately no independent witnesses. We at Bolt Burdon Kemp obtained £40,000 compensation for our client in this cycling accident.

Cyclist hit by van that turned into his path

Mr M was cycling to an interview when he was knocked from his bicycle by a van that turned into his path. Mr M sustained injuries to his neck, back, elbows, knees and jaw as a result of the accident. He also suffered from an adjustment disorder for 6 months. The case was very difficult to value as Mr M had a number of pre-existing symptoms in the areas that he injured in the accident. These pre-existing symptoms were made worse by the accident for varying periods of time. There were also injuries which were entirely as a result of the accident. We obtained £23,250 in compensation for Mr M.

Motorcycle Accident Claims

Police officer nearing retirement suffers fatal injuries in head-on motorcycle collision

Our client’s husband was killed in a road traffic accident involving two motorcyclists.  A motorcyclist travelling in the opposite direction to our client’s husband veered onto the wrong side of the road on a blind bend. Both riders collided head-on and although emergency services were called, both men died at the scene.  This all happened just days before our client’s husband was due to retire, following a long career in the police force.

We brought a claim for compensation on behalf of the deceased’s wife, his estate and his other dependent family members.  The Defendant’s insurers admitted liability for the accident at an early stage, which meant we could then focus on gathering evidence to value the claim.  We obtained evidence from a physician confirming what our client’s husband’s life expectancy would have been had the accident not occurred.  We instructed a forensic accountant to report on the loss of financial support for the family.  A care expert also provided evidence about the help and support that the deceased could have given to his family in the future, such as childcare, DIY and gardening.

We sent the expert evidence, the family’s witness statements, and a detailed schedule of loss to the Defendant’s insurers to negotiate settlement.  A short time later, a global figure of £450,000 was agreed on behalf of all of the family’s claims.  The family were pleased to have reached a swift settlement without having to go to court.  Whilst no sum of money could ever make up for the family’s tragic loss, the compensation we helped them to obtain will go some way to securing a stable financial future for them.

£700,000 settlement for motorcyclist knocked down by van driver

Tony Davies (not our client’s real name) was riding his motorcycle when without warning a van failed to give way and pulled out of a side road into our client’s path.  Mr Davies was unable to avoid the impact and collided with the Defendant’s van.  The crash caused Mr Davies to be thrown from his motorcycle and onto the road.

Mr Davies suffered multiple serious injuries including a brachial plexus injury, which resulted in a marked restriction of use of his dominant right arm, wrist and fingers.  He also suffered a dislocated shoulder, a fractured shoulder blade, fractures to his spine that required surgery, rib fractures, a lung contusion and a laceration to his liver.  As well as his physical injuries, Mr Davies experienced depression, anxiety and nightmares as a result of the accident. He never returned to riding his motorcycle.

The Defendant’s insurers initially denied liability for the accident.  We therefore instructed reconstruction expert to prepare a report on how the collision occurred, following which the issue of liability for the accident was resolved.  We also obtained expert evidence from orthopaedic, psychiatric, spinal, occupational therapy and employment experts in order to help value Mr Davies’ claim.

We were eventually able to agree a value of £700,000 with the opposition following negotiations, which took place at a joint settlement meeting.

Motorcyclist receives £35,000 after suffering broken wrist

Our client was involved in a road traffic accident whilst riding his motorbike.  He was riding along a road when a lorry pulled out of a junction, knocking him off his motorbike.  He sustained a wrist fracture which required surgery.

Prior to the accident, our client carried out a variety of jobs, both on an employed and self-employed basis. A significant amount of his work was as a security operative for sporting events.  He would regularly be required to physically control disorderly sports fans.  Our client’s wrist injury prevented him from carrying out this type of security work for approximately one year.

Our client approached us after being dissatisfied with the advice of his previous solicitors, who recommended that he make a settlement offer of £21,000, which did not properly account for his loss of earnings.

After the claim was transferred to us, we obtained further medical evidence from an occupational expert and also witness statements from the client’s colleagues.  We were subsequently able to negotiate an increased settlement of £35,000.

Compensation obtained for moped rider following collision with taxi

Our client was riding his moped along a main road when, without warning, a taxi travelling in the opposite direction pulled across his path.  The taxi driver failed to see our client before turning into a junction.  Our client crashed into the side of the taxi. He sustained multiple fractures to his hip and legs and was airlifted to hospital.

Our client underwent extensive surgery.  Metal work was inserted into his legs and he remained in hospital for two weeks.  Following his discharge from hospital, our client was provided with a considerable amount of care and assistance by his friends and family members.  Approximately nine months after the accident, some of the metalwork was removed from one of his legs during a further operation.

Shortly after taking on our client’s claim, we arranged for his immediate needs to be assessed by a case manager.  We then instructed medical experts to examine our client and prepare reports on the extent of his injuries.  We also obtained interim compensation payments for him throughout the duration of his claim.  His claim settled out of court for just over £61,000.

£1.25 million damages for motorcyclist accident compensation claim

Mr A was stationary on a motorbike at traffic lights and the Defendant’s 4×4 vehicle came from behind and ran him over.  Mr A sustained orthopaedic injuries in his motorbike accident and was briefly concussed.  Mr A claimed that but for the motorbike accident, his career would have developed and he would have become a hedge fund manager, earning even larger sums in the City of London.

The Defendant’s solicitors paid compensation of just over £1.28 million, plus legal costs.

£115,000 compensation for motorcyclists accident against the police

Mr K was involved in a motorcycle accident when the Defendant, a police officer driving a police van, drove into our client at a cross-junction.  The traffic lights were green in our client’s favour but the Defendant alleged that the police van was entitled to jump the red lights as it had its siren and blue lights on.  However, this was never proven.

The accident caused Mr K to be thrown off his motorcycle and he landed in the road.  As a result Mr K suffered multiple fractures to his left forearm, right hand and wrist, and to his pelvis and left leg.  He required a number of operations and also suffered significant scarring.

We were able to negotiate a settlement in the sum of £115,000 for Mr K plus his legal costs.

£190,000 motorbike accident compensation

Mr H was involved in a motorcycle accident whilst riding his scooter on Bounds Green Road.  There were two lanes on his side of the road.  He knew a side road was coming up on the left and that traffic would be exiting and therefore he moved into the outside lane.  A white van was waiting in the side road to turn on to the main road and was in a stationary position.  Our client passed him but then a BMW edged out, overtaking the white van and collided with our client’s motorbike.

Our client claimed motorbike accident compensation for his injuries which included a break to the inside of his ankle. He has to undergo a number of operations and his ability to work has been affected.

We obtained motorbike accident compensation of £190,000 for our client, plus his legal costs.

Claimant receives £650,000 compensation for knee injury in motorbike accident

Our client was involved in a motorbike accident and suffered a complex dislocation of the left knee including ruptures of both cruciate ligaments, the collateral ligament complex, the medial patellar retinaculum and the common peroneal nerve.  He suffered complete foot drop, and had to wear an ankle-foot orthosis for 4 years.  Despite a 5-year course of treatment involving 5 operations, he has been left with a painful and deficient knee.  He is likely to require complete knee replacement by the age of 60 and secondary replacement by the age of 75.

In addition he suffered post-traumatic stress disorder which required prolonged psychological therapy and treatment with antidepressants.  At the time of the accident our client was employed as an electrician but also had a passion for Thai Boxing.  He had won 5 fights and was aiming to be world champion.  As a result of his knee injury he was unable to participate in Thai Boxing and therefore lost his chance to pursue this career.

He was also unable to do heavy manual work as a result of his injuries.  Cheryl Abrahams conducted this case and obtained £650,000 compensation for our client one month before trial.

Liability settlement allows Miss R to claim motorbike accident compensation

Our client, Miss R, was the rider of a motorbike and an accident took place when our client was travelling along Edgware Road.  At the junction with Boscobel Street, London W1, the car driver turned right across her path and our client’s motorbike collided with the side of that vehicle.

Our client claimed motorcycle accident compensation and we have recently achieved a liability settlement which will enable her proceed to obtain damages for her personal injuries.

Motor cycle accident compensation for courier

Mr B was 16 years old and working as a motorcycle courier.  As he was driving his motorcycle, the door of a parked van opened and to avoid a collision, he was forced onto the opposite carriageway where he was struck by a motorcycle coming in the opposite direction.

Mr B sustained catastrophic head injuries and spinal injuries in his motorcycle accident and we sued both the van driver and Mr B’s employer for accident compensation.  We argued that the employer had provided a vehicle which Mr B was too young and untrained to ride, and effectively the means for him to have a serious accident.

Days before the liability trial, both Defendants jointly accepted 90% liability for our client’s motorcycle accident and agreed to pay him compensation for his injuries.

Industrial Accident Claims

Noise induced tinnitus and hearing loss for Royal Navy Seaman

Our client was an Able Seaman (First Class) in the Royal Navy.  He was twice exposed to excessive and harmful levels of noise.  He suffered acoustic shock and chronic tinnitus.  He was medically discharged and suffered from depression.  He lost a long Navy career and potentially lucrative civilian career in hydrography and meteorology.

We valued his loss of earnings, benefits and pension with reference to specialist experts.  We were able to deflect arguments about contributory negligence through our understanding of training and specialised equipment necessary for our client’s role and responsibilities.  His claim settled for £830,000.

Dermatitis

A university cleaner was exposed to chromic acid used to clean laboratory glassware. She had pre-existing psoriasis, which was severely exacerbated by the exposure. She was unable to work as a cleaner again. Compensation was awarded at £42,000.

Exposure to chemicals

Mrs F was a nurse at the North Middlesex Hospital who used a chemical called glutaraldehyde to sterilise surgical equipment. As a result of the hospital’s failure to take special precautions when instructing staff to use the chemical, Mrs F became severely asthmatic from prolonged exposure to the chemical. As a result she had to give up nursing, a profession she dearly loved. The case went to trial in the High Court.

The judge found that the hospital’s failure had indeed led to our client contracting this most “insidious” form of asthma, and awarded compensation of £225,000 – the highest award at the time for this type of case.

Pipe laggers asbestos injury

Mr B had worked as a pipe lagger at Michelin Tyre’s plant in Stoke. While working there he had come into contact with asbestos, which had lagged the pipes. He had inhaled large quantities of the dust at a time (back in the 1950’s and 1960’s) when he did not realise that to do so was extremely unsafe.

Much later (and well after he had retired), he was diagnosed with asbestosis and sued his former employers for the damage they had done to him. He was at risk of contracting lung cancer and would probably require specialist nursing care for the last years of his life. A High Court Judge awarded him over £63,000.

Repetitive strain injury for industrial machinist

Our client made large industrial bags for storage of sand and similar bulky materials. She had to make repeated unergonomic movements of her left arm and shoulder, which aggravated and accelerated an underlying medical condition by two years. Compensation was agreed at £13,000.

Roadworkers claim for vibration white finger

Our client was a ganger on a road building and maintenance team. He used a jack hammer for up to 3 hours at a stretch without a break over a prolonged period. The vibration of the hammer caused his condition (also known as Reynaud’s phenomenon). His fingers were blanched at the tips, causing him pain and stiffness and went numb in cold weather.

The lack of any health and safety checks on the time he was using the hammer, and the lack of any warnings from his employers, contributed to the Defendant’s wish to settle the case. He accepted the Defendant’s offer of settlement of over £12,000.

Widows claim for engineer with mesothelioma

Mrs B was the widow of a retired engineer, who had been diagnosed with mesothelioma 15 years after he had retired. He died from this disease. He had had a number of different employers during his working life, and his widow knew little of his working conditions. A friend of the deceased was able to provide some information about those conditions. We investigated his employment and medical history, and analysed a large quantity of relevant records from a former employer. Legal proceedings were issued and served and shortly afterwards we negotiated a settlement of £25,000.

Aviation Accident Claims

 

£292,500 damages for man involved in hot air balloon accident

In 2017 our client suffered life-changing injuries when he was thrown out of a hot air balloon basket as it landed heavily in strong winds.

He sustained a scapular fracture, punctured lung, rib and spinal fractures and a soft tissue injury to his foot. He brought an injury claim against the hot air balloon operator.

Aviation claims of this nature are both rare and complex. Claims are governed by what is known as the “Montreal Convention”. Under the Convention, a Claimant must show that their injury was caused as a result of an “accident”. We put forward his case on the basis that, in accordance the Air Accident Investigation Branch or AAIB’s findings, the safety briefing delivered to the passengers was inadequate and that they were not warned of the dangers or likelihood of such a heavy landing. The Defendant denied liability for the injuries, saying there was nothing unusual or unexpected about the landing and that our client was the author of his own misfortune. The legal criteria surrounding what constitutes an accident under the Convention therefore took centre stage and remained disputed by the Defendant for much of the case.

Ultimately, liability was agreed between the parties by apportioning blame as 85% the Defendant’s fault and 15% our client’s fault.  This meant that our client was guaranteed to succeed in his claim but that any compensation he was awarded would be reduced by 15% to account for what is known as contributory negligence (his share of the responsibility for the accident). A £50,000 interim payment obtained at this stage allowed Mr C to adapt his home and seek private treatment.

The claim eventually settled for £292,500 without the need for a High Court Trial.

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