Farleys received the following claim after it was transferred from Mr G’s previous solicitors. The claim related to an accident directly involving Mr G.
At the time, he was residing in Lancaster and on the 26th December 2008 he was out with friends and was descending a set of steps when he lost his balance and fell heavily on his left knee. The cause of the fall was due to the fact that the flagstones were defective, one of the flagstones was missing at the edge. Lancaster City Council were the highway authority in respect of the area. In addition to the defective steps, the street lighting was not working. The Council had breached their statutory duty under Section 41 of the Highways Act 1980 in failing to maintain the steps in question and also failing to provide and maintain adequate lighting of the area.
At the time of the accident, the Mr G was 40 years of age and suffered a complete rupture of the anterior cruciate ligament and partial rupture of the medial collateral ligament. Following the accident, he attended the Royal Lancaster Hospital where he was treated.
He required the use of crutches for approximately 5 months and thereafter occasionally used a walking stick.
In 2011 the Mr G underwent surgery to his left knee.
In addition to the anterior cruciate ligament being reconstituted, Mr G was also found to have detachment of the anterior horn of the medial meniscus which was also repaired. Following surgery, a brace was applied. Mr G underwent a course of intensive physiotherapy.
Mr G was a self-employed plasterer and, as a consequence of the condition of his left knee, he was not able to return to that type of work.
As a result of the accident, the Claimant also suffered psychological symptoms.
How Farleys Solicitors Helped
When the file was transferred from Mr G’s previous solicitors, an offer of £6,000 had been put forward by the Council’s representative, which was rejected. Breach of statutory duty was admitted by the Council, however, causation for the Mr G’s injuries was not admitted.
Court proceedings were issued on behalf of Mr G.
Farleys argued on behalf of Mr G that the injury to the left knee increased the risk of him later developing osteoarthritis and there was, therefore, a risk that he would require further surgery and, potentially, significant surgery in the form of a total left knee replacement. The trial window was set for the claim between the 20th January 2014 and the 7th February 2014. The claim settled in November 2013, with Mr G receiving the sum of £24,000 in full and final settlement of his claim.
If you’ve been involved in an incident please do not hesitate to contact Farleys Solicitors on 0845 050 1958 or email us today.