Brachers settle claim following dispute between an employee and their customer

After a lengthy dispute over who was liable for damages, Brachers have successfully secured damages for their client, Mr G following the commencement of legal proceedings.

Summary of the personal injury case

The claimant suffered an injury whilst he was at work as a lorry driver. The claimant claimed that his injury was suffered due to a combination of factors. Firstly, the load on the back of the lorry he was driving was not safely loaded, meaning that it could not be unloaded with a forklift truck without other items being moved to allow safe access.

Secondly the claimant claimed that as he was manoeuvring the items around on the back of the lorry bed the customer sought to lift items off of the lorry bed with a forklift resulting in him suffering a severe back injury.

Letters of claim were sent to both parties and both the employer and the customer denied they were liable for the accident.  Although Brachers requested documents from both parties to attempt to establish whether there were safe working practices, whether the relevant health and safety regulations had been adhered to and whether the correct training was in place, many of the documents requested were not provided meaning that the parties were unable to narrow many of the areas of dispute.

In view of the denial of liability, Brachers commenced court proceedings against both parties, following which liability for the accident was again formally denied by both defendants.

Brachers advised Mr G that as the defendants were unwilling to accept liability or disclose relevant paperwork, the court would schedule a case management hearing. The parties would then be given specific directions to follow, to include the defendants disclosing relevant documents.

Brachers maintained that Mr G was an innocent victim and advised him that they anticipated that  ultimately if the matter were to proceed to a trial on the facts that he would be successful.

After prolonged negotiations, Mr G’s employer and their customer agreed jointly to settle the claim between them and Mr G received a five figure settlement in conclusion of his claim.

Following settlement Mr G stated “I had a long conversation with Natalie Marsh who I felt had a sympathetic ear and listened to my story and then walked me through my options (in baby steps) of how would be able to help me. Thank you and your team for all the time and effort you have put in for me”.

Points to remember

It is not unusual for an insurance company to deny liability on behalf of their insured in the hope that the claimant will drop the claim.  It is important to carefully assess the merits of a claim and where there are reasonable prospects of success to continue to press ahead through the Court system to secure the damages that an individual deserves.

By instructing Brachers the claimant was able to ensure he received a fair settlement despite the initial denial.

How can we help you with a personal injury claim?

Natalie Marsh is a qualified legal executive and an Associate of CILEX with over 30 years experienced in handling compensation claims. In particular Natalie specialises in handling higher value public liability and work accident claims on a no win, no fee basis.

If you have suffered an accident and would like to know more about pursuing a personal injury claim, book a 30-minute virtual appointment. 

This content is correct at time of publication