Monday 21 November 2011

Compensation Claims Case Study: Trip in a Car Park

We have previously posted a couple of case studies before looking at different claims to highlight the process for making a personal injury claim and this case study looks at the claim of Mrs Z, a Coventry woman who suffered a personal injury due to a trip.

Mrs Z was planning to attend a Coventry City Football Club match at the Ricoh Arena and met with her friends to have a drink before the game. After leaving to make her way to the football ground, she spotted someone she knew and so made her way across the car park to say hello. Whilst walking over, Mrs Z tripped over some rubble which resulted in her falling over a small wall. This resulted in her suffering a number of injuries to the hip and pelvis area which added to an already existing incapacity that she already had due to naturally occurring condition.

When Ward & Rider Solicitors began proceedings, the insurance company initially in-part accepted liability for the accident but after seeing the client’s medical records they withdrew the admission since it suggested she actually fell from a wall rather than tripping over it. During a claim process for a personal injury, sometimes the actual details of the injuries sustained can be inaccurately recorded. This can be due to the pain that the client is in and trouble in described where the pain is. The case then had to move to Court proceedings.

The Claimant saw an Orthopaedic Surgeon and Rheumatologist because of her already existing arthritic problems and there was a difference of opinion in the views of the different experts as to how much incapacity she suffered because of this accident.  Ward & Rider argued that the injuries from the incident meant she was even more restricted than normal at home and her husband had to do a lot more for her than before the accident. 

The claim continued with the view that we would go to trial if necessary but the Defendant decided to offer a claim settlement but would not admit liability. This claim was rejected and Ward & Rider made an offer for injuries, financial losses and interest that she was entitled to as a result of this accident to the value of £12,000.  Just before the case was to be heard at Court, the Defendant’s solicitors agreed to the offer of £12,000 because of the tripping hazard in the car park.

This is a look at a real life Ward & Rider personal injury claim case, although the names have been changed for privacy reasons.

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