Are Claimants Getting The Right Level Of Damages?
Published: 28th April 2017
A woman from Barnsley slipped and fractured her ankle when she slipped on some slippery flagstones while working a part time job delivering newspapers. The home owner knew about the flags but never took steps to fix the issue.
With her ankle in a cast the victim could not continue her full-time job horse grooming, so he was losing earnings. Liddys obtained an early admission of liability from the home owner’s insurers and obtained medical evidence that showed that the claimant had developed traumatic degenerative arthritis in her ankle.
This condition would steadily worsen and lead to problems with mobility. The ultimate outcome of this would be that the patient would have to cut her hours, eventually leading to her leaving her job and stop working with horses altogether.
Liddys constructed a hypothetical picture of the problems she would likely face 15 years in the future. An experienced barrister considered all the evidence we had obtained and advised that the claimant should reach a settlement of £140,000. Liddys entered into negotiations with the other side, eventually settling the claim for £160,000.
Injuries which cause a claimant a permanent disability which affects their ability to carry out normal day to day activities and affects the kind or amount of paid work they can do should be being treated very differently to other injuries. Even if your earnings have not been affected.
The Courts have made clear that the test for disability is not a heavy one and there is a very real risk that claimants are not receiving the damages that they are entitled to.
If you have had an accident which has caused you disability give us a call to see if we can help. Also if you have settled your claim and you feel that your disability has not been taken into account, telephone us on 01924 780753.