In July 2005, Kantilal Mistry aged 54 from Stanmore in North London was working for Team Q Maintenance and was sent to a job at an advertising company premises in London. He was required to work on an air conditioning unit which sat on a roof platform. Access to the unit had been previously assessed by Team Q Maintenance as a risk because materials stored around the access point made it difficult to access the platform safely. Despite this Mr Mistry was not informed of the hazard and tried to use a ladder to access the unit. He was later found on the floor, his foot caught in the ladder. There were no witnesses but the assumption is that he had fallen whilst on his way down.
The accident left Mr Mistry with a fractured skull, severe brain damage and other injuries. He now has difficulty with basic activities, must be attended to by carers on a daily basis, and has not been able to return to work since the accident.
Jill Greenfield, partner in the Personal Injury Claims team at Fieldfisher was instructed by Mr Mistry’s family to represent him in a claim against Team Q Maintenance. After negotiations the company accepted the majority of responsibility for the accident and Mr Mistry was awarded compensation at the High Court to provide for his personal and medical care.
Mr Mistry’s wife, Damini Mistry said:
“Kantilal’s accident turned everything upside down and family life has changed forever. My husband has lost his independence and depends on me and his carers for everything. The last few years have been very difficult both emotionally and financially but I have continued to fight to get him the care he so badly needs. Whilst no amount of money can make up for what has happened to us, the financial help means I can put all my efforts into looking after Kantilal and getting him the necessary aids, equipment and care.”
Jill Greenfield, Partner and brain injury compensation specialist at Field Fisher Waterhouse said:
"I took the case on for Mr and Mrs Mistry knowing that it was going to be a difficult fight. Other lawyers had, I am told, given them negative advice but we believed that they did have a case and were determined to push for this much needed financial support. I am very pleased that we were able to get a good sum of money that will help them so that they can try and live their lives as best they can."