Case Study: Part Loss of Finger While Working as a HGV Delivery Driver

Mr L, from Aylesbury, was awarded £75,000

A HGV delivery driver has been awarded £75,000 compensation after he lost part of his finger whilst working.

Mr L was working as a HGV delivery driver when an incorrectly loaded cargo of metal fell and sliced half of his left index finger off.  He decided to make a claim for his injuries with JMW Solicitors LLP, where Jason Harwood, Partner, dealt with his claim. 

The claim

Mr L was contracted to deliver steel poles that had been loaded onto the lorry by a metals company, and in order to unload the delivery, he removed a ratchet strap securing the poles.  The bundle then fell, causing half of his left index finger to be sliced off, and injuring his middle finger. 

Starting the case

Jason sent a letter of claim to the defendant; the metals company that had contracted Mr L and improperly loaded the steel poles.  The metals company passed the letter to their insurer, who admitted liability for the accident. 

They then offered £10,000 to settle the case, which Jason advised Mr L to reject, as there was not  yet sufficient information to properly value Mr L’s claim. 

Medical report

Jason instructed a specialist hand surgeon to examine Mr L’s injuries.  His report advised that Mr L had lost muscle strength in his left arm, that his fingers were sensitive and that his grip had weakened.  It also suggested that Mr L’s job prospects were affected as he could no longer take on jobs that required heavy lifting and carrying. 

It recommended that Mr L undergo physiotherapy to improve his hand function.  It was also recommended that Mr L have a prosthetic finger created, and that he be visited by a care expert to assess what domestic problems the accident had caused. 

Gathering further medical evidence

Jason disclosed the medical report to the defendant’s insurer and began making arrangements for Mr L to be seen by the various experts.  The insurer made an offer of £19,000 to settle Mr L’s claim, which we considered premature, and so was rejected. 

Mr L was advised to have eight sessions of physiotherapy.  Jason requested the defendant’s insurer cover this cost, but instead received a third offer to settle.  Jason felt this was still premature and advised Mr L to reject the offer pending reports from the care and prosthetics experts. 

The care expert’s report said that Mr L could no longer do some household chores, nor maintain the family vehicles. The prosthetics expert reported that, for cosmetic purposes, Mr L required one prosthetic finger for work and another for social situations; the work finger to be replaced yearly, and the social finger to be replaced every two years.  Jason used all of this information to compile a Schedule of Loss. 

Negotiations

Jason took witness statements from Mr L and his wife, outlining how the accident had affected their lives.  He then disclosed the Schedule of Loss and the prosthetics report to the defendant’s insurer, inviting them to make an offer to settle. 

They made an offer of £50,000, still below what we thought Mr L’s case was worth.  Jason advised him to reject the offer, and make a counter offer.  Our offer was rejected and the insurer made a limited time acceptance offer of £60,000 which we rejected, putting forward a time sensitive offer of our own.  This was rejected, and we issued court proceedings. 

Final settlement

We agreed to requests for Mr L to be examined by an independent prosthetics expert and a care expert, both nominated by the defendant’s solicitor.  The defendant’s care expert prepared a report which we felt was poorly constructed, inaccurate and didn’t address Mr L’s requirements; it even suggested he could continue as normal with his car maintenance, which was not the case. 

We began to arrange for a joint report to be prepared by the two opposing care experts.  Prior to this, we received a further offer from the defendant’s solicitor to settle the case.  Jason consulted with Mr L and on his authorisation, negotiated a final settlement figure of £75,000. 

Mr L's testimonial 

Mr L was delighted by Jason’s work on his case and the conclusion he brought it to.  He said: I consider myself extremely fortunate in having instructed Jason Harwood to pursue my claim. I immediately found him to be polite, friendly and helpful. He also quickly proved to be highly knowledgeable in these matters. He had his feet firmly on the ground throughout, and seemed fully prepared for the twists and turns along the way, and the outcome of my claim was almost exactly what Jason had advised at the outset. I really cannot recommend him highly enough.  Thank you Jason. Thank you JMW.

Have you also suffered due to a workplace accident?

If you have fallen victim to an accident in the workplace, you should contact a personal injury expert as soon as possible to see if you are eligible to make a claim. Call JMW today on 0800 054 6570 or fill out our online contact form and we will be in touch.

Back to main accident at work claims page



Endorsed By



Accreditations

Read more
 
Areas of Interest


People
Wildcard SSL Certificates