Client awarded £75,000 after falling from ladder at work!
One of our clients received his settlement of £75,000 after falling from a ladder at work. Originally, he was with another solicitor who advised him that his prospects for a claim were very low and not worth pursuing.
He was in the depths of despair, with a chronic injury and was completely demoralised. He then came to us and having considered the case and the merits, we decided it was a case with prospects and one we were prepared to act for him on!
What Happened? He arrived to work on the first day with a ladder provided and set up, the ladder gives way from beneath him and he falls and lands on his feet. His foot suffered a complex injury that required surgery and extensive rehabilitation.
With forensic analysis of the situation, risk assessments and health and safety literature of the employer and we found that they had exposed our client to significant risk and therefore liability should rest with them.
Following detailed discussions, liability was conceded, and the settlement was negotiated at a sum of £75,000! This will make a huge difference to the client’s quality of life for the foreseeable future.
If you have been told that your claim doesn't have much prospect, get in touch for a second opinion on 01633 262848.
Government presses ahead with plans to cut victims', of road traffic collisions, access to legal advice. What does this mean for the public?
The government intends to introduce road traffic collision whiplash reforms in April 2019. The plans set out that the small claims track shall be increased from £1,000 to £5,000. This will be brought in with secondary legislation. The cuts means that those pursuing a claim with a value of less than 5,0000 will be unable to recover legal costs. There have been reports than claims worth up to £5,000 account for 95% pf all road traffic collision claims.
For the public, this means that they shall be unable to access legal advice from law firms unless, they pay privately (ordinarily an hourly rate). Therefore, the vast majority of claims under £5,000 shall be dealt as litigant in person, that is, an individual or company who is not represented by a solicitor or barrister.
How people are expected to pursue these claims is unclear. We hold grave concern that the cuts are essentially causing in access to legal advice and assistance and thus, justice. Personal injury claims are presently pursued via an online portal system, previously introduced by the Ministry of Justice. The prospect of members of the public getting to grips with the portal is bleak, particularly since many solicitors, lawyers and paralegals underwent additional and sometimes extensive training to learn how to use it how to use it themselves.
Motor Accident Solicitors Society chair Simon Stanfield said the society will continue to fight the proposed whiplash reforms.
It seems the government's intention is to simply to cut the number of road traffic collision claims being made. Lord Keen of Elie before the Commons justice committee in January this year said many of the current claims were fraudulent. To such a bold statement, Labour MP David Hanson asked how many, to which Kean admitted he did not know. If Kean came face to face with our clients, he would soon learn that not to be the case as we witness the consequences of road traffic collision claims.
The basis of the government's plans should be greatly questioned as it seems they're powering ahead with a severe lack of understanding. Keane had also proposed that members of the public be represented by Unions and, for those without a Union, the Citizens Advice Bureau. Unfortunately, this is by no means the end of the line for the governments to cut costs associated with personal injury. The Civil Liability Bill has yet to be published, although this could happen soon. The Bill looks at increasing the limit, for other types of injury claims, to £2,000.