Case Study: Wrist Fracture and Shoulder Injuries Due to a Slip on Un-Gritted Ice in Work Car Park

Mrs R received £50,743.30

A woman has successfully won over £50,000 compensation after she slipped in her employers car park and badly damaged her wrist.

The claim

 Mrs R slipped on ice in the car park at her workplace, a nursing home.  She used her hand to break her fall, fracturing two bones in her wrist and injuring her shoulder.  Mrs R got in touch with JMW Solicitors to make a claim which Gordon Cartwright, Partner, dealt with. 

The case

Mrs R fell over in an ungritted area of the car park.  Gordon sent a letter of claim to Mrs R’s employers, the defendant, regarding her intention to make a claim for her injuries.  This was then passed to her employer’s, the defendant’s, insurance company. 

Medical evidence

Gordon arranged for Mrs R to be examined by an independent medical expert.  The expert recommended physiotherapy to assist Mrs R’s wrist and shoulder, and that if her symptoms didn’t settle within six months, she should have an MRI scan, which she later underwent.

Mrs R left her job as she didn’t feel able to work in a demanding role in a nursing home thanks to the injury.  Mrs R was over 60 and didn’t think it would be realistic to get a new job.  She had intended to work to age 65 and was disappointed to leave the workforce early. 

Liability denied

The defendant’s insurer denied liability for the accident.  They suggested it couldn’t have been avoided as the area had suffered very bad snowfalls, therefore grit supplies were low.

A statement from one of Mrs R’s colleagues contradicted the insurer, suggesting that the area was about to be cleared, and that grit was easy to obtain.  Shortly after, the insurer admitted liability.

Gordon took statements from Mrs R and her family, highlighting how the accident had affected her daily life.  He also put together a schedule of loss, outlining Mrs R’s measurable losses due to the accident. 

Further medical

Several months after the accident, Mrs R’s symptoms were still present so we sent her to see an upper limb surgeon, who recommended she have a second MRI scan.

The original medical expert then provided an updated report.  He advised it was unlikely Mrs R would regain wrist movement, and that the pain and restriction of movement Mrs R experienced in her shoulder was an acceleration injury; something which, although inevitable due to her age, was brought forward thanks to the accident.  He also highlighted that Mrs R could have carried on working were it not for the injury.

Gordon disclosed the medical reports and Schedule of Loss to the defendant’s insurer, encouraging them to make a settlement offer, which they did.  Gordon felt their offer was too low and on Gordon’s advice, Mrs R rejected it. 

Issuing Court proceedings

Gordon issued court proceedings on her case in order to protect it, as it was nearing the period of time where a case must legally be settled or in court.  After proceedings were issued, we received another low settlement offer from the defendant’s solicitor.  Gordon advised Mrs R to reject it, which she did.  We approached the defendant’s solicitor with a counter offer, which they rejected.

They claimed they had surveillance footage which showed Mrs R using her right hand more than she claimed in her witness statement.  When we reviewed the footage, this was incorrect; as in her witness statement, Mrs R was only able to carry light items and she was assisted by her partner at all other times. 

Final negotiation

We made a further offer to try and settle the claim.  The defendant’s solicitor made a counter offer which Mrs R accepted.  She was delighted with the overall result and happy with the settlement.  

Have you also suffered a slip in a public place?

You may be able to make a claim. Speak to our solicitors to discuss what happened and get some free no obligation advice. Call us on 0800 054 6570 or fill in our contact form.

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