Claire contacted Richard Earle, Senior Associate at Fieldfisher after she was struck on the head and shoulder by a display sign that had fallen from above as she was walking down her local high street.
As a result of this accident, Claire developed labyrinthine concussion as well as vertigo, tinnitus, depression and distress in crowded or busy environments. Her injuries were severe enough for her to give up her job as a lecturer in London and move to France where she assumed work as a self employed nutritional expert, with a marked drop in salary.
Immediately after the accident the workman, who dropped or threw the sign intentionally, offered Claire £10 for a drink. When she declined he drove off with his work mate leaving Claire on the pavement badly injured and in a state of shock. With the help of her partner, Claire managed to get to A&E by ambulance.
Richard overcame a number of difficulties with this claim. Initially the defendants alleged that Claire was in some way partly responsible for the accident. Richard however managed to settle the claim on a global basis, without concessions as to contributory negligence and without prejudice as to liability.
The defendants also alleged that Claire had a pre-existing vulnerability to psychological injury partly due, amongst other things, to a harrowing incident when she was kidnapped by the Taliban whilst working in Afghanistan. However Richard was able to rely on the 'eggshell skull principle', and secured compensation for the full extent of her injuries without any concession for pre-existing vulnerability.
Three weeks before the trial Richard, with the helpful support of Counsel Dennis Matthews of Crown Office Chambers, successfully managed to negotiate settlement of £100,000.00 + costs. Claire was very pleased with this settlement which meant that she could now put this unhappy experience behind her as well as providing a lump sum to make up for the lost earnings she will continue to experience in the future.
Claire commented after the case: "Richard did a tremendous job working extremely hard as well as providing constant reassurance, regular updates and positive advice. This gave me the confidence to proceed with the case. I am delighted with the outcome and the compensation recovered which will provide security for my future as well as allowing me to get on with my life"
If you have been the victim of an accident that wasn't your fault, and wish to explore the possibility of pursuing a no win no fee personal injury claim you can contact Fieldfisher.
Contact us on freephone 0800 358 3848
Or start your claim online.
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