Personal Injury – Case Update

Type of Case: Tripping
Defendant: Working Men’s Social Club
Injuries Sustained: Half Fractured Hip
Damaged Awarded: £33,072.40

Why use Thomas Dunton Solicitors?

We regularly help people to restore their lives at what can be a challenging time. We also help people achieve justice for injuries they have sustained through no fault of their own. We may even be able to arrange earlier treatment of any ongoing injuries.

We appreciate that money cannot change what has happened but it may help you to cope with the consequences of the accident.

What have we done for others?

This case concerned an older lady who was leaving a Working Men’s Social Club after an event there. As a blue badge holder she had parked in the disabled area of the car park. Unfortunately, her foot became caught in a defect in the car park surface which cause her ankle to twist and she fell to the ground.

Our client, regrettably, suffered a half fracture to her hip which required surgical intervention in the form of a semi-arthroplasty (a half hip replacement operation). There was also the very real risk that she might have to undergo a full hip replacement operation in the near future. This was obviously very distressing and severely impacted on her mobility when prior to the accident she was a very mobile, independent person.

What did we have to prove?

This case was successfully argued on the basis that the condition of the disabled car park clearly represented a dangerous state of affairs. It had been allowed to fall into a dilapidated state and had clearly not been maintained or repaired. This is all the more important when you consider that this was the disabled area so its users would expect a higher duty of care.

What evidence did we need?

The Defendant initially tried to argue that there was no evidence of the defect, because the car park’s surface had recently been re-laid to accommodate gas pipe works. Fortunately, to counter this argument, we had attended the scene of the accident and taken photographic evidence of the defective surface.

Once this photographic evidence had been forwarded to the Defendant, they decided to admit liability for our client’s accident. We were then able to turn to negotiation of the settlement figure. This does highlight the importance of obtaining photographic evidence of the scene of the accident as soon as practically possible.

How much and how quickly?

We were able successfully to negotiate damages of £33,072.40. The case was settled within 9 months of our first meeting with our client.

How can we help you?

If you have had a similar accident, or indeed any accident in the last three years, then why not discuss the circumstances of your accident with us? We offer an initial discussion free of charge and obligation.

How are my legal costs covered?

We offer a range of funding options, which are discussed at the first meeting to ensure that the most appropriate method of funding is utilised. The most popular option as a “No Win, No Fee” Agreement. Essentially, if your case is successful then the Defendant is responsible for your legal costs and you receive 100% of your compensation. If your case is unsuccessful then there is nothing for you to pay.

We have a dedicated team of Specialist Personal Injury Solicitors ready to help you. To arrange a free interview, please get in touch with us.

(This article is part of our Autumn 2010 Newsletter. You can download the entire document (PDF, 11MB) here)