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Case Study

Ongoing support for engineer crushed by descending lift

Barry, a lift service engineer, was trapped for nearly two hours under a lift that descended onto him. He suffered a catastrophic injury to his right dominant arm, a broken leg, clavicle and wrist and a lacerated ear. Although he was lucky to be alive, the devastating injuries turned his life upside down.

Barry had been living with and looking after his terminally ill father, particularly doing all the DIY and repairs around the house. Barry also supported his partner Lisa with her children, one of whom is blind and has her own care needs, plus grandchildren, whom he adored. 
 
When I met Barry in hospital, it was immediately obvious that his injuries would have far-reaching consequences and that he would require care and support for the rest of his life. 
 
Barry stayed in hospital for six weeks following surgery. Upon discharge, he was no longer able to live with his father and instead went to live with Lisa in her rented home. Lisa provided around the clock care.
 
Following additional surgery at the Royal National Orthopaedic Hospital, it was clear that Barry would never re-gain meaningful function in his arm. This was devastating and significantly affected him psychologically.
 
Unfortunately, liability was complex and, due to the ongoing HSE investigation, would take years to resolve. However, I ensured that the right rehabilitation package was implemented under the Rehabilitation Code, meaning Barry could access vital support. 
 
Early medical evidence was obtained and Court Proceedings commenced to force the defendants to deal with liability and a compromise was reached. Barry received a substantial interim payment and a new case manager which gave him access to paid care, aids and equipment and therapies all of which significantly improved his quality of life – not least since he could get back out into the community independently again.
 
As Barry's injuries plateaued, however, his permanent limitations became more apparent. He would require single level accommodation, he would need a wet room, would never return to paid employment, he would need activities to occupy his time and ongoing access to therapies and equipment. 
 
The defendant, however, disputed the extent of Barry's needs and so I obtained significant evidence from experts in various fields. 
 
Barry's case finally settled for a seven-figure sum at a meeting with the defendant. This compensation means that he will have ongoing access to care and therapies and will be able to find suitable accommodation. Barry will be able to continue to help other seriously injured people and be part of a voluntary project making furniture for disabled people.
 
Working with Barry and Lisa has been an absolute pleasure and I wish them all the best for the future.
 
Following settlement, Barry said: "From the very first meeting with Harvinder just a couple of weeks after my accident while I was still in hospital, I felt completely at ease and knew that she was the person that I wanted to act on my behalf.
 
"Litigation is by no means a quick and easy route, but Harvinder made the process as painless as she possibly could with her reassuring words and empathetic yet professional manner.
 
"Harvinder sourced the top medico legal specialists to prepare reports on my various injuries and a highly sought after Barrister, which resulted in a very positive outcome."
 
I would have no hesitation in recommending field fisher as every team member that I came into contact with, always gave 100% and were extremely friendly and supportive from the very start until completion.
 
Many many thanks, Harvinder for supporting me and my family through the worst period of my life!

For further information about work accident claimspersonal injury claims, please call  Harvinder Kaur on 0330 460 6762 or email harvinder.kaur@fieldfisher.com.

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