Advising with empathy and experience

Facial injuries in tripping accident.

 

Richard Wood from the CNCI team has recently reached a negotiated settlement to a claim brought on behalf of a woman who suffered facial injuries following a tripping accident.

The Claimant tripped and fell over an advertising wobble board situated on the pavement outside the Defendants business premises. The Claimant fell to the floor, breaking her spectacles and injuring her face, neck and mouth. A letter of claim was sent to the Defendant within a few weeks of the accident occurring. The Defendant then admitted breach of duty shortly thereafter.

Medical evidence was obtained from a Consultant in Oral and Maxillofacial Surgery and the Claimant put forward an offer to settle the claim shortly thereafter.

When no response to the offer was forthcoming Court proceedings were commenced. The Defendants when filing their Defence then sought to withdrawn their earlier admission of liability.

There followed a series of offers and counter offers in relation to the issue of liability. Eventually the Claimant accepted a undisclosed figure by way of compensation from the Defendants.

Speaking of the settlement, Richard Wood of the CNCI team said, “this was a case where the Defendants sought to withdraw an early admission of liability. They then failed to respond to offers put forward in a genuine attempt by the Claimant to settle the matter. As a result of the Defendants conduct Court proceedings were required. This matter was eventually settled by negotiation but it was clear that the Court proceedings were necessary in order to prompt the Defendants to resolve the matter. We are pleased that the Claimant has now received her award for compensation and is able to move forward from this difficult and distressing episode".