Case Study: Pensioner Falls Due to Missing Paving

Miss L Was Awarded £26,500

A pensioner who injured herself due to missing paving has been awarded £26,500 compensation thanks to JMW's personal injury team.

Miss L was injured after she fell over a section of pavement which had a missing paving brick, causing her to trip in the hole it left.  She decided to make a claim for her injuries and got in touch with JMW Solicitors. 

The case

A pensioner, Miss L was walking down a pavement when her left foot went down a hole caused by a brick missing in the pavement.  She fell forward and landed on her left side, sustaining a fracture of her left humerus, two black eyes and a small cut on the bridge of her nose.  She decided to claim against her local council. 

The claim

A letter of claim was sent to Miss L’s local council, who admitted liability for her accident.  To help assess the appropriate level of compensation for Miss L’s injury, she was examined by an independent Consultant Orthopaedic Surgeon, who produced a report on her injuries. 

The report noted that Miss L had suffered bruising to her face and a fracture of her left humerus from the accident.  It also noted that Miss L’s fracture had healed within six weeks and that a 30% loss of movement in her left shoulder would be permanent.  It recommended a course of physiotherapy to strengthen Miss L’s shoulder muscles. 

The offer

We prepared a Schedule of Loss, detailing the financial losses Miss L had experienced due to the accident.  After Miss L had agreed with both the contents of the medical report and the Schedule of Loss, we sent copies to the defendant’s insurer, to encourage them to make an offer to settle the case. 

While waiting for a response, we noted that the case was close to its limitation deadline, where a case must either have been settled or court proceedings have been issued.  She issued protective court proceedings to safeguard Miss L’s claim, should it not settle quickly. 

We also took a witness statement, in case the defendant’s insurer requested further evidence on the adjustments Miss L had made to her life as a result of the accident. 

Final Settlement

The insurer responded, with an offer of £26,500 to settle Miss L’s case.  We believed this was a good offer and advised Miss L to accept it, which she did.  Miss L was delighted with the outcome of the case, and all of our hard work.  She said of JMW: "Your service is, in my opinion, very good."

Have you also suffered a slip in a public place?

To discuss with our expert team whether you have a case to make a claim, call 0800 054 6570 or fill in our contact form

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