Case study: £50,000 compensation for man injured from fall in Bristol park

Our personal injury lawyers helped a client claim compensation after he was left with ligament damage and chronic instability after falling and twisting his ankle in a grass-covered hole.

Fall at South Bristol park

Our client, Mr B, went for a walk with his daughter and partner at a popular park in South Bristol.

As he was walking down a hill, he stepped into a hole with his left foot which was covered by long grass and not visible. He twisted his left ankle and fell to the ground, landing on his left side.

Mr B suffered the following injuries:

• Significant soft tissue injury to his left ankle with ligament damage
• Chronic instability requiring lateral ligament reconstruction surgery

Claiming compensation for his fall

Mr B instructed our personal injury solicitors to claim compensation for his injuries. We notified the Defendant’s (the local council) insurers of the claim, who initially dropped the claim from the Ministry of Justice (MoJ) claims portal to conduct liability investigations. Liability was subsequently accepted.

Medical reports obtained to support the injury claim

Our lawyers obtained copies of Mr B’s medical records and reports from a lower limb orthopaedic expert to comment on his injuries.

The first orthopaedic report confirmed that Mr B had significant soft tissue injury and ligament damage to his left ankle. The medico-legal expert recommended an MRI of his left ankle to assess his instability as they suspected this to be intra-articular damage (a bone fracture) that may require ligament repair surgery, which our personal injury solicitors arranged.

Symptoms worsen after physiotherapy

Our personal injury lawyers sent the results of the MRI scan to the independent orthopaedic expert, who confirmed Mr B had chronic instability to his ankle, which would require lateral ligament reconstruction surgery. However, physiotherapy was recommended as a first option to avoid surgery.

Mr B started his physio but reported worsening symptoms, which included his ankle giving out frequently, swelling, pain which limited his ability to walk and drive and pain to his hip/knee from limping.

Following this, our team requested updated medical records and asked the orthopaedic expert to re-examine Mr B. They confirmed our client’s symptoms were unlikely to improve, and surgery was scheduled for later in the year, which would require Mr B to take two months off work.

Interim payment for loss of earnings

We disclosed the orthopaedic expert’s reports to the Defendant, seeking an interim payment as Mr B was self-employed and there was concern about him having to take unpaid time off to recover from his surgery. The Defendant agreed to pay £5,000 to cover Mr B’s loss of earnings during his time off and generally provide financial relief, enabling him to proceed with the recommended surgery.

Valuing the claim

Following surgery, we obtained an updated opinion from the orthopaedic expert. Although the procedure had been partially successful, Mr B was left with permanent, albeit mild, residual symptoms which would impact his prospects on the open job market if he was to leave his job. Our solicitors therefore ensured his future loss of earnings and potential change of occupation were properly reflected in the valuation of his claim.

Defendant alleges contributory negligence

Our solicitors issued proceedings against the Defendant, who alleged contributory negligence, arguing the hole was visible and he should’ve seen it. Our personal injury solicitors defended this allegation, using photographs and witness evidence to demonstrate that the hole was not reasonably visible or avoidable.

Settlement offer

By disclosing further, updated medical evidence and a detailed Schedule of Loss at an early stage, we put our client in the strongest position to negotiate settlement without proceeding to trial. The Defendant made a Part 36 Offer of £43,000, which our team successfully negotiated to £50,000.

Contact our personal injury solicitors

If you’ve suffered an injury from a slip, trip or fall that wasn’t your fault, you could be entitled to claim compensation.

Call our friendly team on 0117 325 2929 or fill out our online enquiry form.