Personal Injury Case Studies

Brain Injuries 

A 50-year-old client who suffered a stroke 5 weeks after car crash receives over £40,000 in compensation.

Our client suffered minor whiplash injuries in a road traffic accident. However five weeks later she woke up one morning and had lost all feeling down her right side and was advised she had suffered a stroke. Upon discharge from hospital she sought advice from us as to whether the accident had caused the stroke. Medical evidence established that the accident caused the stroke and through interviewing family and friends we were able to show personality changes and physical difficulties which our client suffered. Medical evidence also showed that pre-existing toe problems had been made worse through the stroke.

We obtained £40,700 in damages for her injuries and financial losses, to put her as much as possible back to her pre-accident position.

Asbestos Claims 

Asbestos Compensation Years Later for Driver

We were able to recover compensation for an asbestos victim recently long after the company he worked for had ceased to operate.

Our client, Mr M, was exposed to asbestos between 1969 and 1977 at a company called Cape Universal Cladding Limited, based in Watford. However, our client did not even work for that company, he was in fact a driver and used to take delivery of the asbestos products from the Watford firm and deliver to builders merchants in the North West.

His symptoms were mild but included coughing, chest pains, shortness of breath and wheezing.

Our PI solicitors were able to recover £4,860 in compensation for Mr M.

Commenting on the case, PI Partner, Mike Talbot said: “Not only were we able to negotiate a settlement with his employer’s insurers but also the parent company of the company responsible for the Watford site as the latter no longer existed, on the basis that the parent company controlled the operation of the site.

“My client is now 79 and struggles when walking up gradients having been a keen walker most of his life. People may not realise they have been exposed to asbestos, and as this case illustrates even mild exposure can have consequences and can be pursued right through to compensation even years later,” added Mike.

Asbestos can be very dangerous, if material containing asbestos is chipped, drilled, broken or allowed to deteriorate, it can release a fine dust that contains asbestos fibres which when breathed in enter the lungs and cause irreversible damage.

Common asbestosis symptoms include:

  • swelling in the neck or face
  • difficulty swallowing
  • high blood pressure
  • blood in sputum
  • crackling sound when breathing
  • shortness of breath
  • hyper tension
  • finger deformity

Compensation

If you have been diagnosed with asbestosis, you may be able to claim compensation. This can be done through:

  • industrial injuries disablement benefit – this is a weekly benefit that may be paid to people with asbestosis who were exposed to asbestos while in employment (but not self-employed)
  • a civil claim for compensation through the courts – you will need to obtain legal advice about how to do this.

 

Accidents at Work 

£35,000 Compensation For A Crushed Hand

We represented a client who worked for a textile firm whose hand was crushed in a carding machine when trying to remove a blockage.  He was off work for a considerable time and after a protracted dispute with his employer’s insurers, with them denying responsibility, we successfully negotiated a £35,000 settlement.  Here’s what our client had to say:

“Mr Talbot did sterling work on my behalf, he was someone who understood the nature and complexities of my personal situation.”

£6,000 Settlement When Employee Burnt Whilst At Work.

Our client worked in a busy hotel and suffered burns to her legs when hot water from an urn splashed her causing burns and blistering to her legs, as well as mental anguish. Pearson Solicitors persuaded the insurers to pay for rehabilitation treatment to enable her to get over the stress of the accident and our client was able to overcome the understandable fear of suing the place where she worked.  Here’s what she had to say:

“I was looking for a neutral solicitors away from my own area.  Good communication was established, honest advice given and I trusted my solicitor 100%, nothing was ever too much trouble and my needs were met.”

 

Compensation Award for Residential Carer Injured At Work

Our Personal Injury team acted recently on behalf of a residential carer who was injured at work.

The carer worked at a bungalow looking after adults with learning difficulties where the claimant said there was an issue with the flooring in both the shower room and bathroom.  Our client, Mrs C, slipped in the bathroom and jarred her shoulder on the bath.

Following the incident she was unable to sleep properly, could not drive, and needed help with shopping and household chores.  She was also compensated for her loss of enjoyment on a subsequent family holiday.  She decided to continue with the holiday for the benefit of her son, however was unable to use the facilities or go out walking as she was still suffering from her injuries.

A award of £5,375 was made after liability was admitted.

 

Road Traffic Accidents 

Compensation for Road Traffic Accident Victim

Whilst crossing a road in Stalybridge in winter, our client was hit by a passing car and required hospital treatment to a damaged shoulder.  The insurers for the driver at fault denied responsibility initially claiming that our client ran into the road.  Eventually after a 3 year fight and after presenting photographic evidence to undermine the driver’s case, the insurers paid £6,000 compensation to our client.  Here’s what she had to say:

"Michael Talbot was understanding, patient and thorough at all times.  I would recommend him to anyone.”

 

Compensation for Road Traffic Accident Victim with a Twist

The circumstances of the claim are that Mrs Keast a 76 year old retired lady was travelling on public transport on her way to Oldham Town Centre in November 2014.  She had boarded the bus and sat in one of the front seats.  Whilst travelling through a junction another vehicle turned right across their path and a collision occurred.

The claimant was thrown from her seat suffering injury to her left leg.  She was transferred by ambulance to the local hospital where a diagnosis of internal bleeding and possible compartment syndrome was made.  Her left leg was swollen around the calf muscle and she was detained overnight due to the risk of blood clots.  The next morning she was allowed home with Cocodamol and Paracetamol to return if any problems arose.
 
She continued to have internal bleeding down her left thigh and into her lower leg.  By the Sunday following the accident which occurred on a Friday she was having pain in her lower back.  She was advised to keep her leg elevated and required help and assistance from her partner.
Her symptoms failed to settle as she returned to the Accident and Emergency Department on 14 November 2014 due to swelling and pain in her leg.  On this visit she was told that there was a fracture and her lower leg was placed in a plaster cast and she was referred to the Fracture Clinic.  On examination in the fracture clinic she was told that she either had a very tiny fracture or it was an old injury and the plaster cast was removed.  She then developed severe pain and returned to hospital on 29 November 2014 when she was informed that she may have to have surgery due to probable bleeding in the calf as there may have been infection or possible blood clot.
 
A subsequent scan showed a DVT and she was commenced on medication.  She was in constant pain for 12 weeks during which time the Claimant was having regular treatment for the blood clot.  She had extensive bruising from the knee down the whole of the left leg and into the foot with pain in the side of the calf around the ankle and to the back of the leg.  As a result of the blood clot she had to wear support stockings for 24 months which had a detrimental effect on her being able to wear skirts and dresses.  As a result of the accident the Claimant became agitated and anxious and had a fear of travelling on buses. 
 
From what had started as a rather minor road traffic accident being thrown from her seat and hitting her leg against a barrier the claimant was left with constant pain in her lower left leg which was associated with chronic regional pain syndrome.  Following negotiations with the Defendant Insurers compensation was agreed in the sum of £38,000 to include pain and suffering and her loss of amenity as well as her requirements for help around the home with hanging washing, ironing and changing curtains.  She also required help with shopping on a weekly basis. 
 
At the end of the case Mrs Keast thanked Pearson Solicitors and Financial Advisers for their help and empathy throughout 3 years of the claim having been referred by a family member.  She commented when approaching a solicitor her requirements were to be respected.  She found that the service provided made her feel at ease, it was easy to talk to Mr Ian Wolstenhulme and understand the situation with everything being explained clearly.  She said her case was dealt with in a professional manner and she appreciated the work that was carried out.
 

Trips and Slips 

Settlement Reached For a Client After a Trip In Town Leads To Injury

A trip on a paving flag in the town centre led to serious injuries for a client recently and a £7,000 settlement.

Our client was walking along King Street, Oldham when she tripped on a raised paving flag suffering injuries to her nose, teeth, wrist and knees.

Mrs M suffers from MS and had recently been working with a neuro-physiotherapist in relation to her walking and was coping with only one walking stick.  Whilst pursuing her claim there was some concern as to whether she had suffered an exacerbation of the underlying MS.

She had to be treated by a physio for her wrist injury and a dentist for broken dentures and became worried about going out, so much so that she reverted to a walker for mobility until her confidence came back.

Liability Admitted & Settlement Made

Liability was denied initially on the basis that the town centre is subject to monthly inspections.  Having considered the evidence holes were found in the inspections and following lengthy negotiations liability was admitted and a settlement of £7,000 made.

“Ian listened well and advised me very sensibly on how to proceed.”

 

Compensation for Student After Nightclub Fall on Broken Glass

A student who fell on broken glass in a nightclub and had lacerations to her ankle was awarded compensation of £2,500 when Pearson Solicitors took up her case.

The Claimant was a student at York University and was attending a Halloween party at a York nightclub known as Club Salvation.  The event was ticket only, although reports from witnesses suggest it was over-subscribed.   

The girl was walking from the dance floor when she slipped on spilt liquid and broken glass on some steps.  As a result of her fall she suffered lacerations to her ankle requiring medical treatment. 

Liability was initially denied on the basis that the nightclub had a system of glass collecting and cleaning every half hour throughout the course of the evening and employed enough glass collectors to ensure the safety of their patrons. 

We obtained medical records from the hospital and the Claimant’s GP.  Witness evidence was obtained from friends of the Claimant who suggested that the club was over-subscribed on the night of the incident and that there were no glass collectors present and the floor was a risk. 

Court proceedings were issued, liability was again denied with reference to the club’s system of inspections, however an offer of settlement was made and accepted in the sum of £2,500.  

 

 

Dog Bites 

Case Study 1

Mr R was walking through a public park one Sunday morning when he was threatened by a group of males asking him for money. They warned him they would set their dog on him if he refused. The dog, a Staffordshire Bull terrier type dog was given a command to attack when Mr R told the group he had no money to hand over.

He suffered significant injuries to the skin, muscles and tendons in his leg. He was admitted to the Royal Oldham Hospital and had to have surgery and skin grafts to both legs. A claim was made through the Criminal Injuries Compensation Authority as a result of the violent crime and the Claimant was awarded over £3,000.

Case Study 2

A dog attack occurred after two neighbours had been drinking and had a scuffle. A dog, belonging to one of the men attacked the other man.  The bull terrier type dog inflicted significant damage to the man, he had bites to both legs which caused muscle damage and required surgery and skin grafts.

A claim was made to the CICA but rejected on two occasions as the Authority ruled that the dog acted of its own accord.  The Claimant also had an unspent criminal conviction for violent crime, which can result in either no award, or a reduced award.  An appeal was made to her Majesty’s Courts and Tribunal Service First Tier on the grounds that the dog acted in accordance with its masters reckless actions and therefore this was a reckless act in line with the requirements of the scheme.  The appeal panel agreed and Claimant was awarded £6,400, reduced by 70% when the criminal convictions were taken into account.

 

PI Holiday Claims 

 

Holiday Couple Get Compensation For Food Poisoning on Holiday from Hell

A couple whose all-inclusive holiday in Turkey was ruined through food poisoning recently received a settlement for £4,500 when Pearson Solicitors took up their case.

The couple said their holiday at the Bodrum Spa Resort in Turkey was a disaster from the start, with no clear food labelling, unhygienic conditions, flies constantly landing on food, birds in the restaurant area and stray cats roaming around the site.  The salad bars and hot food areas were left open to elements, with old meats and salads just topped up and not replaced.

The holiday was booked with a well-known tour operator, but they turned to Pearson Solicitors for advice on their case when the travel company rejected their initial claim.

After only three days holiday, the couple, having only consumed chicken from a BBQ started to feel unwell with projectile vomiting and diarrhoea.  They reported their illness to reception, after a doctor was called both were admitted to the local hospital and treated for Gastroenteritis.

Mr A, who has a nut allergy, added that there was no clear labelling on food and as a result his diet was limited.  As a result of cross contamination he had a reaction and had to use Periton to calm his symptoms.

Initial liability was denied on the basis that all reasonable checks on the resort had been carried out by resort representatives.  Standards are based on what is acceptable in Turkey, not UK standards, although in this case the levels of hygiene fell well below any acceptable level.

Having received the compensation, our client said:  “This only took two hours of our time and Ian dealt with our case with minimal disruption, good focus and experience and I am very pleased with the outcome of my case.”

Commenting on the case, Personal Injury Solicitor, Ian Wolstenhulme, said:

“These claims are testament to the risks holiday makers take when travelling abroad to countries when standards are not up to the UK.  All too often what was meant to be a relaxing enjoyable break turns into a holiday from hell and this can often be the case in all-inclusive resorts when food has to be in constant supply.

“Many people do not realise they can make a claim in cases of these type, they work hard to pay for holidays and deserve compensation when things do not go according to plan.”