“I suffered multiple injuries including a fractured skull…

Read my story –

The Defendant maintained a denial of liability throughout…

“I was working for a builders merchant as a delivery driver when I had an accident delivering bricks to a building site.

The bricks had been loaded onto my lorry by someone else they had been shrink wrapped and steel edges were attached to the top of the stacks of bricks and then ratcheted into place for the journey. I had to prepare the stacks to be unloaded when I arrived at site, which meant I had to remove the steel edges. I had never been shown how to do this, normally I would push them off with a piece of wood, but on this occasion I couldn’t reach them from the platform because the stacks were too high, so I had to climb onto the lorry to reach them which was very awkward, as I was doing so I lost my footing and fell head first to the ground. I suffered multiple injuries including a fractured skull, fracture of the right eye socket, a bleed in the brain, and multiple fractures into the lower cervical spine. I had to have surgery to the spine. I was left with a painful neck and restricted movement, and I also suffered left sided deafness with mild tinnitus. As a result of these injuries my whole life changed, I was in my 60’s and intended to work a few more years before retiring, the injuries meant that I could no longer work as an HGV driver and I was forced to retire sooner than planned. I couldn’t work and I couldn’t lead an active life anymore which I found very difficult to come to terms with.

 

When I was well enough I decided to take legal advice and I went to Attwaters, I met with my lawyer and she advised me that I had a good case, because my employer had not provided a safe way to remove the steels. I was offered a ‘no win no fee’ agreement which I was delighted about as I was worried about how I would pay the legal fees. My lawyer sent a formal Letter of Claim to my employer setting out what happened and why they were at fault, they denied liability stating it was my fault stating that I was reckless in the way I was standing on the lorry to reach the steels. Despite their forceful denial they made a derisory offer to settle. My lawyer advised me that she thought I would do better and was happy to continue with the case if I wanted to reject the offer, which I did. She thought I would have to accept some liability and suggested that this would probably be about 20%.

 

My lawyer sent me to see various independent medical experts, who examined me and prepared reports to explain the injuries I had suffered and how they would effect me in the future. She also prepared a detailed schedule of loss, quantifying the losses and expenses I wanted to claim for, which included loss of earnings to my retirement, having to buy in assistance to do things around the house, hearing aids, and various other miscellaneous costs. When she had obtained all of the reports and finalised the schedule she instructed a barrister to advise on the value of my claim with a view to putting forward an offer to settle. Although the Defendant maintained a denial of liability throughout they did put forward a more substantial offer which I rejected.

When I received the advice my lawyer took me through it and together we decided on the offer that I would put forward. I am pleased to say that my offer was accepted the case concluded successfully. I was very happy with the outcome and the way Attwaters advised me and conducted my case.