InsightsClient Story - Personal Injury - POSTED: July 6 2023
Brachers recover compensation for a personal injury claim arising from a tripping accident in hospital
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Brachers acted for JL in a successful personal injury claim for compensation when she suffered a fractured femur requiring surgical fixation. The injury to our client, JL, resulted from a trip on equipment whilst attending an appointment at her local hospital.
Lyn Lester in the Personal Injury team recovered a large five-figure sum by way of compensation for her injuries and financial losses, acting on a no win, no fee basis.
Background of the personal injury claim
JL was a widow in her eighties, who prior to her accident was still very much active and independent. She would walk into her local town to the shops every day. She was able to care for herself and did all her own cooking from scratch, household cleaning, laundry and lawn mowing, without assistance from others. She even volunteered twice a week at a local elderly day centre. Within her home, she furniture-walked and outside her home, she walked using a shopping trolley, for support.
On the day of her accident, she attended an appointment at her local hospital and sat in the waiting room with her daughter. When she was called through for her appointment, her daughter told the Assistant that they would need to hold her arm when walking from the waiting room, to provide her with some support, which they then did. After her appointment, she was simply told she could get dressed and then go. No assistance or support was made available to her to help her back to the waiting area, so she felt she had to make her own way back. As she walked along the hospital corridor towards the waiting area, she placed her hand on a hospital machine for support, which had been left in the corridor with the wheel of the machine turned outwards. This made the walkway very narrow and as she walked along, she caught her foot on the out-turned wheel, causing her to trip and fall. She struck her head on the wall as she fell and landed heavily on her left hip.
X-rays confirmed a fracture of her left femur. She was admitted to hospital where she underwent surgical nailing of the fracture. Following surgery, she developed a severe, extensive and very painful haematoma over the left hip. She also suffered some post-surgery confusion and required a blood transfusion. After discharge from hospital, she spent a further three weeks in a rehabilitation unit, before returning home.
The hospital equipment was immediately removed from the corridor after her accident and she was advised that it should not have been left there.
Impact of the tripping accident
Upon her return home, she found it extremely difficult to mobilise and continued to suffer ongoing pain. She required various aids to be installed around her home. She diligently undertook exercises to try to aid her recovery and improve her mobility.
Whilst her fracture was felt to be healing well, despite her best efforts and determination, she did not recover anything close to her pre-accident level of mobility. She had to use a zimmer frame to move around her home. She effectively became housebound and was entirely reliant on others for her meals, all domestic tasks and gardening. She required daily assistance from paid carers to help get her up, washed and dressed each morning, undressed and help to get to bed at night. She relied on her family to assist her with day to day and domestic tasks. Her mobility was not expected to improve and her need for ongoing care and assistance was permanent.
As a result, she entirely lost her independence, significantly impacting upon her quality and enjoyment of life. She suffered reduced confidence and had several falls since the accident due to weakness of her left leg. She was only able to leave her home with assistance from others, using a wheelchair to get around. She felt frustrated and upset about her loss of independence and mobility.
Securing settlement of the personal injury claim for our client
Although Brachers were able to secure an early admission of primary liability from the defendant, they sought a large reduction to our client’s claim for contributory negligence. Following negotiations, Brachers were able to obtain a significantly lower percentage of contributory negligence, maximising the compensation for personal injury recovered by our client.
Following medical evidence, the defendant put forward an offer to settle. After further negotiations and discussions, we were able to achieve an increased settlement on behalf of our client to reflect the significant impact the accident had on her quality of life and wellbeing.
How can we help you with a personal injury claim?
Lyn Lester is a Senior Litigation Executive and an Associate of CiLEX. She has many years’ experience in handling personal injury compensation claims, including public liability and employers liability claims.
If you have suffered an accident and would like to know more about pursuing a claim, on a no win, no fee basis, book a free 30 minute appointment with one of our friendly team to discuss your potential claim.
This content is correct at time of publication
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