Our client was an elderly woman walking along Albert Road in Widnes when she tripped and fell due to a hole in the pavement.
Building work on the pavement was being undertaken, but the erected safety barriers did not cover all of the area including where the hole was located.
Our client Fractured 3rd Metatarsal- right foot, injury left foot, grazes right elbow and a soft tissue injury to the right thigh.
How Hayward Baker Helped:
One of our personal injury specialists Alison Spriggs took on this case on a no-win-no-fee basis. As the claim was of low value, Alison made the claim to the defendant insurers through the Low Value Personal Injury Accident Portal.
The First defendant that Alison wrote to acknowledged the claim, but stated that the firm carrying out the works was a subcontractor and therefore they were liable.
Alison then wrote to the defendant as advised by the first defendant. The second defendant did not respond to the claim in the time given, which meant that the claim was taken out of the Low Value Personal Injury Portal process.
Alison obtained witness evidence to prove our client’s claim. She then received a witness statement and photographs of the dangerous hole in the pavement, and four months after the claim started, the second defendant insurers told Alison that liability was admitted subject to causation.
After this admission, Alison arranged for our client to be examined by an Orthopaedic Surgeon. This expert formulated reports on our client’s injuries, which Alison used to prove that they were indeed caused by the accident.
In addition to this, Alison also created a schedule of our client’s out of pocket expenses (Special Damages) which consisted of travel expenses to and from medical appointments, and care and assistance from family members to help with daily activities that our client could not undertake herself at this time.
The medical reports were used to prove our client’s injuries, which enabled Alison to value the claim for the necessary compensation.
A settlement figure was agreed in the sum of £7,000 for our client.