Fentons client awarded over £75,000 after accident at work

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Fentons client awarded over £75,000 after accident at work

7th January 2008

The Claimant, who was 27 at the time of the accident, had an accident at work on the 25th February 2004. She sustained an open displaced fracture of her right ankle when she slipped on a small patch of ice that had formed outside the nursery where she worked.

Approximately two years after the date of the accident, the Claimant's symptoms began to deteriorate rapidly due to the onset of severe post traumatic osteoarthritis. She had an arthrodesis operation in October 2006 to fuse the right ankle joint. The Claimant was examined eight months after the arthrodesis operation and the prognosis was that following full recovery from the arthrodesis operation the Claimant would continue to suffer some discomfort and mild swelling at the ankle joint and her walking would be limited to approximately one mile.

The Claimant also suffered anxiety and depressed mood associated with symptoms of post-traumatic stress. She was examined by a Consultant Psychiatrist whose opinion was that the Claimant ought to make a full recovery by mid 2008.

At the time of the accident the Claimant, then pregnant with her fourth child and now Mother of five, had just begun a job as a nursery manager. As a result of the accident it is unlikely that she will be able to continue working with children of nursery age in the same capacity as prior to the injury, due to the fact that she struggles with mobility and is unable to squat. The Claimant's ambition was to work as a midwife. The medical expert considers that this career remains an option for the Claimant but her ambition has been delayed and impeded by her injury.

Court Proceedings were issued and served in November 2006 and Judgement was entered for the Claimant. The Defendant made a Part 36 Offer to settle the whole claim on the 4th December 2007 in the sum of £75k + the cost of CBT treatment that the Defendant had already paid (£1762.50). The offer was accepted by the Claimant.

Matthew Corby a Solicitor at Fentons Solicitors acted for the claimant.