We have recently negotiated an out of court settlement of an accident/injury compensation claim for a client from Bridgend, South Wales.
Our client was walking near her home on a new housing development in Broadlands, Bridgend when she tripped as a result of a pothole at the edge of the pavement. She fell and suffered injury, requiring medical treatment at The Princess of Wales Hospital. We therefore agreed to take on her compensation claim on a no win, no fee basis.
A letter of claim was sent to Persimmon who were the developers of the estate. This was because the road had not yet been adopted by the Highways Authority and so the developers remained legally responsible for its upkeep. It was alleged that as a result of the Defendant's negligence in failing to repair the pothole our client had suffered personal injury and financial loss.
The letter of claim was sent on the 23rd February 2015. The developer failed to provide any response in relation to liability ultimately forcing us to make a court application for an order forcing them to provide the response together with relevant documents. The order was duly made by the judge and the Defendant confirmed that liability was denied and that they had no records to disclose.
We made investigations with local residents. We were able to obtain a witness statement from someone who saw the Claimant’s accident first hand. We also obtained evidence of how long the pothole had been present for without the developers taking steps to repair it.
Following disclosure of this witness evidence the Defendant admitted liability for the accident.
On account of the injuries sustained by our client it was necessary to instruct a Consultant Orthopaedic Surgeon based in Llanelli to conduct a medical examination and prepare a medical report for use in the claim.
The medical report confirmed that the Claimant had sustained soft tissue injuries to her right knee and right wrist as well as psychological after effects. The consultant surgeon recommended that the Claimant undergo an examination with a psychologist and accordingly she was examined by a Clinical Psychologist based in Bridgend. The psychological report confirmed that the Claimant had suffered mood disturbance and general anxiety as a result of the accident. He expected the Claimant to be back to her pre-accident condition within a further 6 to 9 months.
The medical reports confirming the severity of our client’s physical and mental injuries, together with details of the Claimant’s financial losses, were disclosed to the Defendant.
This resulted in the Defendant making a settlement offer to our client. We considered their compensation offer to be too low. We therefore made a counter offer which was accepted by the Defendant and the injury claim was concluded on that basis.
If you have suffered injury in South Wales and wish to recover compensation on a No Win, No Fee basis then please call us for a FREE case assessment on 0800 8 202020.