Case Study: Broken Elbow Due to Slip on Steps at Beach

Mrs G was awarded £13,500

JMW has acquired a £13,500 settlement for a man who broke his elbow after falling on steps at a beach.

The case

Mrs G was visiting a beach with family when she slipped and fell down a set of steps to the beach that had become slippery due to water running down the steps from a nearby cracked drain.  She broke her elbow, requiring surgical insertion of metalwork. 

The claim

Mrs G’s solicitor, Sam McElroy, wrote a letter outlining Mrs G’s intent to make a claim, to the organisation responsible for maintaining the steps to the beach, the defendant in the case.  He asked them to pass it to their insurer, who confirmed that they would admit responsibility for Mrs G’s accident. 

Sam arranged for Mrs G to be examined by an independent consultant orthopaedic surgeon, who would provide an independent medical report highlighting the cause of Mrs G’s accident, her injuries and prognosis.  He also requested copies of Mrs G’s medical records from her GP, and from the hospital that treated her injury, to allow the independent consultant to be aware of her medical history. 

Financial losses

Sam asked Mrs G to provide him with information about any financial losses she had suffered as a result of the accident, such as medical expenses, damaged clothing, and so on.  As Mrs G was retired, she did not need to make a claim for any time taken off work.  However, Mrs G’s husband was able to provide a breakdown of the amount of time he had spent caring for her, which we included as part of the financial loss figures. 

Sam also prepared witness statements on behalf of Mr and Mrs G, to further support the claim. 

Medical report

Once the independent consultant orthopaedic surgeon  had completed his report, he sent us a copy of it.  It confirmed that Mrs G had suffered a fracture to her right elbow which required surgical insertion of metalwork.  It also highlighted Mrs G’s recovery period, that she continued to experience some low level pain, that she should eventually be able to remove the metalwork in her arm, and that there was an increased risk of degenerative change to her elbow, but that this shouldn’t be painful. 

Sam got a quote for the surgical operation required to remove the metalwork in Mrs G’s arm, so that he could seek this cost as part of her compensation award.  In liaison with Mrs G, Sam also requested some changes to the medical report to ensure it fully covered the extent of Mrs G’s injuries. 

Sam also put together a Schedule of Loss document, detailing all of the monetary losses Mrs G had suffered as a result of her accident.  Once Mrs G confirmed she was happy with the accuracy of the information in the document, and her medical report, Sam disclosed the documentation to the defendant’s insurer, in order to encourage settling Mrs G’s case. 

Negotiating a settlement

The defendant’s insurer finally made us an offer to settle the case.  However, Sam felt this offer was too low and advised Mrs G to reject it.  Mrs G did reject the offer, and after advice from Sam, Mrs G agreed that he should go back to the defendant’s insurer with an increased offer.  This was rejected, but the defendant’s insurer also made a higher offer when they rejected Mrs G’s.  We rejected that offer and made a counter offer. 

The defendant’s insurer rejected that offer, and made a final counter offer, suggesting that if we still felt it was too low, we should prepare Court proceedings.  Sam believed a higher award may have been possible if the case was taken to Court, however after a lengthy discussion with Mrs G, she decided she would rather forego Court proceedings and settle the case quickly. 

Sam therefore confirmed with the defendant’s insurer that Mrs G was going to accept the offer.  Mrs G kindly said of Sam’s work on the case: “Sam McElroy did an excellent job on my behalf!”

Have you also been injured on holiday?

You may be able to make a claim. Speak to our expert team about your situation today on 0800 054 6570 or fill in our contact form and we'll call you back.

You can also read more about holiday accidents and how we can help you here.

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