Our client was a passenger in a friends vehicle when they drove over a large pothole in the road, as a result our client suffered injury and loss.
Our Client’s Injuries:
Acute back pain, severe pain to groin and back pain when passing urine.
What did Hayward Baker do to help?
Alison Spriggs one of our senior clams handlers took on the case on a No Win No Fee basis and ran the claim via the low value personal injury insurers on-line portal.
The defendant (the local County Council) initially denied responsibility for the accident on the basis that they had complied with their legal obligations regarding the road surface.
For our client to be compensated Alison had to prove that the County Council did something wrong in law, which in this case would be to have breached the Highways Act 1980. The burden of proof was now on us.
The Council provided documentary evidence that they had as reasonable system of inspection in place and that at their last inspection there was no defect. However, numerous witnesses signed statements that the defect was there at the Councils last inspection and had also been reported to them in October 2015 and was not repaired until May 2016. The accident being April 2016 mean’t that the defect must have been present at the last Council inspection.
Having received the witness statements form Hayward Baker the Council admitted liability for the accident subject to medical evidence to prove our client’s injuries.
Alison obtained copies of our client medical records and arranged a medical appointment with an Orthopaedic Consultant who after examining our client formulated a report upon his injuries. It was this medical report that proved our client’s injuries and aided Alison in valuing the claim.
Alison settled our client’s claim for £3,250.00