InsightsClient Story - Personal Injury and Industrial Disease - POSTED: April 8 2022
Brachers secures five-figure settlement sum for burns victim
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Brachers has secured a five-figure settlement-sum for a young bar worker who suffered severe burns whilst she was acting under instruction of her employers.
Summary of the case
Our client, from Ditton in Aylesford, was employed primarily in the bar area of a busy pub. However she was, on occasions, asked to assist in the pub kitchen, as was the case on the day of the accident. Our client was asked to prepare a number of pork belly portions and add them to the stove, which she did. She later asked a colleague in the kitchen to add some water to the pot but he failed to do so, ultimately resulting in the pan catching fire. Our client tried to put out the flames unsuccessfully and resorted to taking the burning pan out of the rear doors of the pub. As she reached the door she slipped and fell on a wet floor, resulting in the hot, burning contents covering her arm. She also suffered splashes of hot liquid which scalded her neck and left ankle.
Our client was taken to hospital where her wounds were dressed. She narrowly avoided the need to undergo a skin graft, although she suffered second and third degree burns and was left with permanent scarring. She was also adversely affected by the psychological effects of the accident.
Our approach and how we helped our client
Brachers were instructed by our client following the disappointing news that her original solicitors were put into administration. Brachers came recommended to her and she subsequently asked us to take over the claim.
The employer admitted liability and Brachers Legal Executive, Natalie Marsh, sought to agree a rehabilitation plan with the insurers handling the claim. An initial needs assessment was carried out which highlighted the need for counselling and scar management, to include the possibility of the use of camouflage cream.
Supporting medical evidence was obtained by Brachers to document the extent of both the physical and psychological injuries suffered. Our client underwent the recommended treatment and made some progress in her recovery.
Due to the client’s previous solicitors entering administration, there was a considerable delay in Brachers receiving the client’s case files, which were required to proceed with the damages claim. When the files were eventually provided, Natalie was working to a very tight turnaround due to the risk of the claim being struck out on the impending third anniversary of the accident. However, Natalie was able to efficiently draft court proceedings, which were then successfully issued and served before the expiry of the limitation period.
The outcome of the case
Further to being served with the court proceedings, the employer subsequently made an offer to settle the claim. Counsel was instructed to discuss the implications of settlement and to provide our client with an independent view on the offer received. Following negotiations, an increase on the initial offer made was secured and our client received a five-figure award to include further treatment costs, camouflage creams and an award for damages for personal injury pain, suffering and loss of amenity.
On conclusion of the claim, our client wrote to Brachers to say: “I will recommend you to anyone I come across and thank you for being there for me. I will miss speaking to you but at the same time I’m so relieved it’s settled”.
How can we help you?
This burns victim claim was dealt by Natalie Marsh, an experienced Legal Executive with in excess of 30 years claims handing experience dealing with accidents at work, tripping accidents and other public liability claims.
If you are considering a personal injury or industrial disease claim, you can book a 30-minute virtual appointment with our team to find out more about how we could help you.
This content is correct at time of publication
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