Our client and his supervisor were fitting a new car lift at a customer’s site.
Before installing the new lift, the old one needed to be removed. As the old car lift was being hoisted onto a flat-bed truck, the hoist swung round and struck our client in his left knee.
As a result of this situation our client suffered an injury, and the accident was recorded in the accident book at his place of work the next day.
A soft tissue injury to the left knee, which aggravated a pre-existing knee problem.
Our Client’s Injuries:
Soft tissue injury to left knee aggravating a pre-existing knee problem.
How Hayward Baker Helped:
One of our Personal Injury Specialists Gary Lee made the claim through the Low Value Personal Injury Accident Portal.
Unfortunately, the Defendant insurers responded after investigating the claim and did not accept liability for the accident.
The reason for the denial was that our client had the incorrect accident date, and the Defendants accident book recorded a different set of circumstances compared to what our client had stated.
Our client did not agree with the circumstances given by his employer, so Gary went on to gather witness statements and medical evidence to prove what happened that day.
After obtaining witnesses and medical evidence, Gary discovered that the Defendant’s disclosure documents proved the following:
- Our client hadn’t been trained in using the equipment
- Our client was given no safety documentation as to how to operate the machine correctly
- Our client’s co-worker had not received training in the safe use of the lifting equipment
As our client’s claim was reaching the third anniversary of the accident, Gary issued Court proceedings to protect our client from losing the opportunity to make his claim before the 3-year time period expired.
Once all of the medical evidence and witness statements were collected, Gary disclosed these to the Defendant solicitors and made an offer to finally settle our client’s claim.
However, this offer was rejected by the Defendant and Gary continued with the Court proceedings. As the case neared the Trial date given by the Court, the Defendant solicitors still refused to accept liability, so this case proceeded to Trial.
The valuation from Gary included a fair amount of compensation, in addition to out of pocket expenses claim to cover travel expenses and a nominal amount for letters and telephone calls.
At the trial Hayward Baker won, and the Court ordered the Defendant to pay Hayward Baker’s costs and damages to our client. Our client’s claim was finally settled in full by Gary for £8,259.86.
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