Case study: £49,609 settlement for fall on poorly lit surface

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Our client was an 80-year-old woman who, on leaving the Defendant’s premises, tripped over a poorly lit paved area.

A Letter of Claim was sent to the Defendant who admitted liability but disputed that the claim exceeded £25,000. We maintained our belief in the value of the claim.

Our client sustained a serious injury to her hip, requiring a total hip replacement, a fracture to her dominant wrist which required surgery and a minor head injury. We therefore arranged an Initial Needs Assessment (INA) and arranged a course of occupational therapy treatment. This was, however, complicated by the fact that she had had two falls since the accident and was generally unsteady on her feet. We believed the falls were as a result of the accident.

The INA revealed that our client may benefit from a walk-in shower, a ramp to the front door and other home adaptations. However, there were difficulties in obtaining an interim payment as the Defendant refused to link the need for the walk-in shower and other adaptations to the accident, bearing in mind our client’s age. Adaptations were finally made to our client’s home to aid her leaving the house with more confidence.

The Orthopaedic Consultant supported the above position and the claim was issued, with evidence sent to the Defendant inviting settlement proposals. The Defendant made a low offer (less than half our valuation) and argued that some of the care received would have been required in any event as our client is elderly. Clarity was sought from the medical expert who confirmed that the care to date was reasonable. Whilst he said that it was difficult to apportion age-related future care, he indicated that around 80% of future care would be due to the accident.

Further low offers were made and, following a CCMC, the Defendant made an offer of £49,609.20 which was accepted by our client on our advice.




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