Circumstances of accident
We acted on behalf of a client who sustained a de-gloving injury to his finger together with grazing to his knee after tripping on a path which had been poorly maintained by the Council.
The Council admitted liability given the very poor state of the path but alleged that our client was also at fault or contributorily negligent for failing to look where he was going. The Council failed to put forward any offers to settle our client’s claim and we therefore raised a Court action on his behalf.
How we helped our client
As a result of the accident our client suffered from a degloving injury to his finger and a graze to his knee. The finger had complete numbness for a number of months. There was continued neurological pain which caused tingling and throbbing in the tip of the finger. There is also lack of sensation in the finger which may be permanent. This is limiting to some degree for our client. In addition to his injuries, our client required assistance with some day to day tasks from family members and he was absent from work resulting in lost earnings.
We obtained expert medical reports who dealt with the injuries sustained. These detailed the diagnosis, recommended treatment and anticipated prognosis for each of the injuries. We also recovered information relating to our client’s lost earnings and obtained statements regarding the nature and extent of the assistance he required following his accident.
Settlement
We were able to obtain a settlement of £6,500 for all our client’s heads of claim. This covered our client’s total loss of earnings and represented damages at the higher end of the range of awards recommended for the nature of the injuries he sustained. Any concessions in relation to contributory negligence were very limited due to the robust case put forward by us in this respect.
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