Complex case ends with £115,000 settlement for accident victim

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Complex case ends with £115,000 settlement for accident victim

17th August 2009

A complex legal battle resulted in a victory for our client, who agreed a £115,783 settlement in June 2009.

Our client was employed as a driver delivering car parts in her local area. In August 2005, our client was making a delivery at the defendant's premises. As she walked across the forecourt of the premises, she tripped on the uneven, broken surface, badly twisting her ankle and jarring her neck, shoulders and back.

She was in immediate pain after the accident, but was able to continue with her delivery work. However, the symptoms deteriorated and she was prescribed painkillers in September that year. The symptoms continued to worsen and by the end of November, she was unable to work.

She was referred to a Consultant Rheumatologist and a provisional diagnosis of fibromyalgia - a condition which includes chronic pain and fatigue as symptoms - was confirmed in December 2005.

The client had pain in all four quadrants of her body with 'trigger points' elsewhere. Doctors noted there were also other well-recognised features of fibromyalgia such as fatigue, headache, sleep disturbance and cognitive disturbance.

While the opinion of an expert consultant was that the fibromyalgia was caused by the accident, the defendant disputed this.

The defendant, having initially accepted responsibility for the client's accident, then attempted to withdraw this. Martyn Hughes, representing the client made an application to the High Court in London to prevent them from doing so - the application was successful and the defendant was bound by their earlier admission of responsibility. Mr Hughes made a number of legal arguments and representations to ensure his client won the compensation to which she was entitled.

In June 2009, Mr Hughes successfully negotiated a £115,000 settlement on behalf of his client.

How can Fentons Solicitors help?
Fentons has a specialist department experienced in handling claims for victims of accidents at work.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.