Miss G was crossing a road in Worksop Derbyshire when she tripped and fell due to a large pothole in the road causing her to suffer injury to her right knee, left hand, pulled muscle in upper arm. pain in her back and disturbed sleep due to the pain and discomfort.
Miss G instructed Hayward Baker Personal Injury Solicitors to deal with her claim for personal injury compensation.
The Defendant in this matter was made aware of the claim via the low value insurers on-line portal . The reason given for the Defendant being at fault was as follows:
‘The reason why we are alleging fault is because you failed to maintain the road/pavement in a reasonable state of repair,
contrary to the duty imposed by section 41 of the Highways Act 1980. You failed to institute a proper system of inspection
of the road/pavement and/or caused or allowed the road/pavement to be or become in a state of dangerous disrepair.
Furthermore you failed to warn pedestrians of the danger posed by the defect, and you failed to take any reasonable care
to see that pedestrians would be safe in using the road/pavement.’
After a short investigation by the defendant insurers they contacted Hayward Baker Solicitors and admitted liability for the accident but asked for proof of Miss G’s injuries. Hayward Baker arranged a medical appointment for Miss G to be examined by a General Practitioner after which the consultant would formulate a report upon her injuries. It is this report that would be used to support Miss G’s claim and for her solicitor to use as a guide to valuing the amount of compensation she is likely to receive..
Miss G attended the medical appointment and within a few weeks the report was received from the consultant and in it he stated that the Miss G’s injuries were consistent with the material accident. The report also stated that a course of physiotherapy for her knee injury would further aid recovery. As Miss G was already on a course of physiotherapy organised by her GP she continued with that course of treatment.
Hayward Baker sent a copy of the medical report along with a schedule of out of pocket expenses and a covering letter breaking down what the case is likely to be worth to Miss G for her approval. Miss G read the documents and agreed to sign and return the approval forms. Upon receipt her solicitor sent a letter to the defendant insurers making an offer to settle the claim for £3,300.00 . This offer was rejected by the insurers but a counter off was made for £3015.00 which was accepted by Miss G in full and final settlement of her claim.
From the date Hayward Baker received instructions from Miss G to act for her in her claim for compensation to her receiving her settlement cheque (compensation cheque ) took just over 4 months.