Case Studies

Tripping Claim against Local Authority

The Claimant (C) sustained injury to her hip when she tripped over raised flagstones outside her home. C was of the opinion that her pain was soft tissue injury only, which had aggravated her arthritis and therefore did not seek medical advice.

She instructed a Firm of solicitors to take on her claim. The Local Authority accepted blame for the accident. Several months after the accident, C’s hip and leg gave way as she was crossing a road. It turned out that she had fractured the hip in the original accident, and with constant walking and weight bearing and some private physiotherapy, the fracture had grown worse until eventually, the hip bone cracked completely. The Local Authority however would not accept that this was related to the original fall due to the lack of medical records. Consequently, C’s offers to settle her claim for £36,000 and then £30,000 were rejected by the Local Authority.

C’s solicitors wanted to close the claim due to a lack of favourable medical evidence and gave her 7 days to find an alternative solicitor. The matter had already been issued in Court and therefore if she did not find another Firm to act for her, her claim would not have been allowed to continue beyond this 7 day period.

C instructed Karen Pointon to take over the claim. Within a very short space of time, Karen Pointon was able to review the matter, take over the claim and improved C’s medical evidence with further questioning of the medical expert. Medical evidence was then served which supported the fact that C had in all likelihood fractured her hip in the original fall.

The Local Authority tried then to accept C’s latest offer of £30,000, however Karen Pointon was able to successfully argue that this offer had expired, but more importantly, had not been made correctly in the first instance. The matter was eventually settled out of Court for £40,000.

Negligence / Claim for Neglect against Nursing Home

The Claimant (C) wanted to claim compensation for the way that her elderly mother had been treated in a residential care home before she died. C alleged that inadequate risk assessments and provisions had been made for her mother and she had been allowed to fall out of bed and fracture her hip.

This followed a lengthy stay in hospital during which C’s mother contracted pneumonia and developed other complications not directly connected to the hip fracture. Unfortunately, C’s mother died shortly thereafter.

Medical evidence was obtained to confirm that the fractured hip was indirectly connected to the death – had it not been for the fracture, C’s mother would not have gone into hospital and therefore would not have developed the secondary complications.

The Nursing Home denied blame throughout the claim and the matter was issued in Court. Eventually however Karen Pointon was able to settle the matter out of Court much to C’s satisfaction.

Tripping Claim against 3 Defendants

The Claimant (C) started a claim for compensation after falling into a sunken manhole outside a business premises. The Local Authority denied ownership of this stretch of pavement instead stating that it belonged to the business itself. The Business premises owners also denied liability for the accident, instead blaming the owner of the manhole (a telecoms company) for lack of maintenance.

Court proceedings were issued against the telecoms company and both registered owners of the business property. All 3 defendants had denied blame throughout the claim.

After a lengthy battle, Karen Pointon was able to settle the claim in full shortly before trial. C was then able to use his compensation to take his whole family on a well deserved holiday abroad.

Accident involving a mobility scooter

The Claimant (C), an elderly lady, sustained severe injury to her back when she was knocked down by a mobility scooter. The lady driving the mobility scooter did not stop initially but later came back to the scene to check that C was alright.

C sustained severe fractures to her spine as a result of this collision. Investigation revealed the name and address of the mobility scooter driver but the driver repeatedly ignored Karen Pointon’s correspondence.

Further investigation traced the insurers of the scooter driver (fortunately the driver had the foresight to take out insurance cover) and the claim was eventually settled for just over £20,000.

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