Jason Claridge, personal injury and clinical negligence specialist and a Director at Ward & Rider Solicitors Ltd, states that he was recently acting for Mr A.
Mr A had been off for a walk in the countryside and was using a rambler’s route across some farmland. As he was walking he saw a tractor pulling a trailer which was loaded with very large hay bales. As the tractor approached him, it proceeded to turn sharply. The bales were not secured well enough and as a consequence they came off the back of the trailer and some of them hit Mr A. As a result of this, he suffered a heavy blow, was knocked to the floor and was trapped underneath the hay bales. The farmer and the farm labourers then proceeded to remove the hay bales from him and take him to the local hospital.
Mr A’s recollection of the accident was poor because he had been knocked unconscious. He had suffered a number of different orthopaedic injuries and furthermore, he had suffered psychological injuries.
At the hospital, he had emergency treatment for the following orthopaedic injuries:-
- A fractured dislocation of his ankle.
- Treatment for a ruptured ACL.
- Treatment for soft tissue injuries to his neck and back.
Mr A had a complicating issue in that he had previously been treated for significant degenerative changes in his ankle and hindfoot which had resulted in an operation prior to the accident.
As a result of the accident Mr A underwent further medical treatment including treatment on the ankle and he was still waiting to decide, with the input of his NHS surgeon, whether he would have a reconstruction of his ACL.
We obtained medical reports. These included reports from a neurologist who dealt with the head injury. The neurologist felt that Mr A had suffered a mild traumatic brain injury which had given rise to symptoms including concentration and memory problems, changes in mood, multitasking, fatigue, balance issues and light sensitivity.
We also obtained evidence from a psychologist. That psychologist felt that Mr A had suffered an adjustment disorder which was contingent upon the orthopaedic pain.
We also instructed an orthopaedic surgeon who advised that Mr A would be left with some mild ongoing neck issues, had suffered a ruptured ACL which may or may not be appropriate to treat by way of a re-construction operation and he had also suffered damage to his ankle, but after a 5 year period he would be in the same position as if the accident had never occurred.
Mr A was an individual who enjoyed gardening, enjoyed DIY and he also did his fair share of household activities, he also liked to go to the gym. We claimed for help and assistance for that 5 year period because the orthopaedic surgeon was clear that with the ankle injury that Mr A had suffered, this would preclude him from doing heavier domestic activities for a 5 year period due only to the ankle injury.
We also argued that there should be a claim for a disadvantage on the open labour market. He did an office job. However, he always made it clear that whatever happened in his life he would find work and there was always a risk that his job would change at some point and as a consequence he would be looking for other types of work which could include more physically demanding work. Furthermore, as a result of the lower limb injuries he did struggle at work in respect of walking to and from work from the train station as well as moving around in the offices.
After a series of conferences with the experts, discussions with a barrister, completing a schedule of loss dealing with travel expenses, treatment costs, help and assistance and a claim for being at a disadvantage on the open labour market, there were a number of different offers made by the parties before the claim settled for £85,000. Mr A advised that he would be looking to invest the money wisely for his future and it was something that he was good at and enjoyed doing.
Mr A’s details have been changed but this is indeed a true case that we ran under a no win no fee agreement, commonly referred to as a conditional fee agreement. Ward & Rider can assist in respect of accidents on the road, accidents at work, tripping and slipping claims, claims involving doctors, dentists and nurses. You can contact us by calling us, emailing us, using the contact form or live chat.
