Case Study: Trip on Pavement Causes Glass Laceration

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Case Study: Trip on Pavement Causes Glass Laceration

Mrs H was awarded £8,500

A woman who sustained a glass laceration and a fractured wrist after tripping over a dangerous section of unrepaired pavement contacted JMW Solicitors to launch a compensation claim. She was awarded £8,500 after a court hearing.

The Case

Mrs H was injured after tripping on a board that had been left to cover a hole in the pavement on her street. This caused her to fall and hit her face on some exposed brickwork, breaking the bottle of wine she was carrying, leading to the glass cutting her cheek, while she also sustained a fracture of her left wrist.

She said: “I hadn’t planned on making a claim, but I felt frustrated with the situation; the council had left a danger on our street and it hadn’t been fixed, which resulted in my accident.

“I was worried that someone else could have had a very nasty fall. That, combined with seeing a lorry mount the pavement and not being stopped, despite breaking some of the bricks, as well as the constant discomfort from my facial scar, encouraged me to make a claim, so that someone would take responsibility for the state of the street.”

The Claim

After taking advice from JMW Solicitors, Mrs H launched a claim against the local council, which was responsible for maintaining the roads and highways in the local area. Although they accepted partial responsibility for the accident, they argued that Mrs H was also partially at fault, as she had consumed half a glass of wine before the event. They also called for clear evidence that the accident happened precisely as Mrs H had described.

The team at JMW worked alongside Mrs H to gather this evidence. She had already taken photos of the scene the day after the accident, and provided details of several witnesses who saw the incident occur, who were then contacted.

Additionally, JMW’s solicitors advised Mrs H to provide details of all the financial outlays she had needed to make - including medical expenses, travel expenses and loss of earnings - to create a document that outlined the financial impact of the accident. They were also on hand to answer all of Mrs H’s questions and provide regular updates on the progress of the claim.

She said: “I never got made to feel like I was holding anybody up, or that I was left hanging in the wind. I was never made to feel that I was on my own, and that was a huge relief.”

The Impact of the Accident

Mrs H’s injuries had been extensive, with the glass laceration to her cheek requiring stitches and leaving a permanent scar. Additionally, the wrist fracture was to her left hand, upon which she had recently had a carpal tunnel operation.

She explained: “As I was on warfarin when the accident happened, I lost a lot of blood and the entire experience shook me. To know that I wasn’t on my own going through this was very comforting.”

JMW advised Mrs H to visit independent medical experts, who gave reports on her wrist fracture and her facial scarring that supported her case. This, along with the witness information, provided clear details of the nature of Mrs H’s accident and its financial impact, meaning the team was fully prepared to take the case forward.

Final Settlement

Although JMW did everything they could to settle the case outside of court, the limitation period - the date by which a personal injury claim must be settled or involved in the court process - ended up arriving before this could be achieved. A barrister was hired to support Mrs H and help her prepare for the court date.

Ultimately, Mrs H was successful in court and the district judge chose to award her £8,500 for her claim.

She concluded: “I would absolutely use JMW again, I wouldn’t hesitate. I’ve kept all the documents they’ve sent me in a large folder, and I know exactly the level of service I’d get if I needed to get in touch.”

Talk to Us

If you have been involved in a similar accident that wasn’t your fault, speak to the legal experts at JMW for free no-obligation advice on whether you have a case. Call us on 0345 872 6666, or fill in our online contact form to request a call back.

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