Our client, a 71-year-old retired engineer from Accrington, approached Farleys’ personal injury team following an accident close to his sheltered housing accommodation.
On the day in question, there had been considerable rainfall and our client was walking home from a Remembrance Day Parade at around 5.30pm.
Close to our client’s home there was a drain that had been without its cover for some time – something our client had pointed out to the relevant Housing Authority to try to get it repaired along with a number of other issues around the development. Despite photographs being provided to the Housing Authority, no action had been taken to fix the problem.
On the day of the accident, our client was unable to see where the hole was as it was dark and the heavy rainfall had created a puddle over the exposed drain, concealing it.
As he walked home, our client’s foot went into the hole caused by the missing drain cover, causing him to trip and fall to the floor. He suffered a severe injury to his ankle. He was unable to get up for some time – lying on the floor in the large puddle caused by the rain and it was not until a neighbour noticed him on the floor from her window that he was helped to his feet and taken home.
Our client was taken to hospital by ambulance where he was diagnosed with a fracture/dislocation of the ankle which was placed in plaster for 4-5 weeks.
Our client was the main carer for his wife who had significant health problems herself. His injury meant they needed additional support from family members until he had recovered enough to be able to assist his wife again.
After being instructed by our client to seek damages from the Housing Authority (the defendant), Farleys’ personal injury team arranged for him to be seen by medical experts to assess the extent of his injury and any lasting impact. Evidence was obtained from an Orthopaedic Surgeon, and Care expert, with the latter assessing the changes the Claimant would need to make to his home due to his ongoing problems, and the help that he would now need from family and friends.
Our team collated numerous witness statements which corroborated our client’s version of events and liaised with the solicitors for the defendant, but liability for the accident was disputed throughout.
Court proceedings were issued, and the Defendant obtained its own expert evidence. Nick Molyneux of Farleys Solicitors arranged a joint settlement meeting with the Defendant and successfully negotiated a very large settlement of the claim which far exceeded our client’s expectations.
Nick Molyneux, Farleys Partner, commented,
We were pleased to have recovered considerable damages for our client in order to cover the cost of items and home modifications to allow him to continue to live independently, without the need for professional carers.
If you would like to discuss the possibility of making a personal injury claim following an accident that wasn’t your fault, please get in touch with Farleys Solicitors today.