Case Study: Trip in Supermarket Car Park Resulting in Rotator Cuff Injury, Cuts and Bruises

Mrs S Was Awarded £13,730

JMW has secured a £13,730 settlement for a woman after she tripped in a supermarket car park and suffered a rotator cuff injury, cuts and bruises.

The claim

Mrs S tripped and fell over a two inch stump in the ground in a supermarket car park.  The fall caused Mrs S cuts to her elbows, hands, wrists and knees, as well as an injury to her right shoulder which caused a strain to the rotator cuff area.  She also had to cancel a pre-planned operation on her toe due to her injuries.  She decided to make a claim and was put in touch with JMW Solicitors. 

The case

We sent a letter of claim to the supermarket, the defendant, outlining Mrs S’s accident, her injuries and her intent to make a claim.  They, in turn, passed it on to their insurance firm, who admitted liability for Mrs S’s accident. 

We also got to work organising for Mrs S to see an independent consultant orthopaedic surgeon, who could provide an independent medical report on her injuries.  Unfortunately, we had to put this on hold briefly, whilst Mrs S attended hospital for an unrelated hip operation.  Once Mrs S was able to attend the consultant orthopaedic surgeon, he recommended an MRI scan on her shoulder in order to provide a full and clear medical report.  At the time of the accident, Mrs S was recovering from treatment to her shoulder for a rotator cuff issue, and the consultant noted that Mrs S had a great deal of muscle wastage around the right shoulder. 

Medical evidence

Mrs S put a witness statement together for us, detailing the effects the accident had had on her and her husband, as well as the financial losses she suffered as a result of the accident. 

Meanwhile, the consultant orthopaedic surgeon delivered an updated medical report, based on Mrs S’s MRI scan.  It threw up several issues; firstly that Mrs S’s accident had brought forward the onset of chronic symptoms in her right shoulder, that the accident had brought on a small rotator cuff tear that could be repaired, that Mrs S potentially required a shoulder joint replacement (but was advised against any surgery unless absolutely necessary, due to her age), and that Mrs S’s ongoing problems were an effect of pre-existing arthritis and the rotator cuff tear. 

Due to the complexity of the case, we asked a barrister to advise on the case.  She also obtained quotes for the surgical procedures Mrs S would potentially require; the shoulder joint replacement and the rotator cuff tear repair.  She also drafted a Schedule of Loss document, outlining Mrs S’s monetary losses, and physical injuries as a result of the accident, to use as a negotiation tool with the defendant’s insurer. 

Final settlement

Once Mrs S was happy with the information in the schedule of loss, we sent a copy on to the defendant’s insurer.  In response to receiving the schedule of loss, the defendant’s insurer made an offer to settle the case.  We passed this offer onto Mrs S, and advised that she felt it was a difficult offer as they had not provided a breakdown of the offer, so it was not clear how much they thought different elements of Mrs S’s claim were worth and therefore not easy to tell if they were undervaluing it. 

Further communication with the defendant’s insurer encouraged them to provide a breakdown of the offer.  We felt this meant the offer was a bit on the low side; so we entered into negotiation discussions with the defendant’s insurer.  This resulted in an offer of £13,730 to settle Mrs S’s claim, which she was delighted with.  

Have you also been hurt after a trip or slip in a public place?

Call us on 0800 054 6570 or fill in our contact form to talk through what happened and get some free, no obligation advice on whether you have a case. 

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