Success Stories: Getting The Right Personal Injury Claim Result
Tilly Bailey & Irvine is lucky enough to have one of the most experienced personal injury and negligence teams of solicitors in the North East, and it has paid off for many clients as these recent cases will tell you...
In order to succeed with a personal injury claim you must prove that the Defendant has been negligent. Not only that, you must also prove that the negligence has caused your injuries. This may seem simple enough but proving the same can be complicated.
It is all the more complex where vital supporting evidence has not been preserved. With the help of experienced personal injury solicitors, the process can be made much more straight forward.
We would like to share with you just a few of our recent success stories...
The Broken Hairdryer
We recently acted for a lady who was involved in an accident at a popular hotel chain.
She had used the spa facilities at the hotel and had started to dry her very long hair with the hotel hair dryer. She felt an enormous pain and realised that her hair had been sucked into the back of the hairdryer. The back of the hairdryer was missing and was clearly dangerous. Her hair was tangled and matted and she was not able to break free. Eventually a locksmith (of all people) was called out and he helped free her hair by opening the hairdryer and cutting her hair free.
Having never cut her hair since the age of four or five, you will appreciate that this was a very traumatic experience for her. The lady was diagnosed with an adjustment disorder, with a prognosis period just short of two years and five months. We arranged for her to undergo cognitive behavioural therapy to address her psychological symptoms. We successfully secured £4,000 in compensation for her, as well as the costs of the private treatment.
On a side note, during the course of the claim, the lady emigrated to Germany. Fortunately, good old modern technology now means she could receive instructions and sign paperwork electronically. Versatility is key in 2019 when it comes to liaising with clients.
Unsafe Working Environment
Another client was very satisfied with the compensation she recovered following an accident at work.
She opened a cupboard door in order to get a product for a customer and when shutting the door, it unfortunately came off its hinges and hit her on her head and arm. She was diagnosed with a soft tissue injury to her left shoulder and arm, with a prognosis period of seven to nine months. She also suffered a soft tissue injury to her face and head region, together with skin grazes to her cheek for three to four weeks.
We successfully recovered over £4,300 in compensation for her. The whole process took just over five months from the date of the accident.
Neon Light Spells Danger
Another man came to TBI having been subcontracted to erect scaffolding in the Globe Theatre as part of redevelopment.
When carrying out his job, he caught his arm on a broken neon bingo sign and suffered a deep laceration. The main contractor had failed to make the area safe before allowing the man to work there and they had also failed to warn him of the danger of the sign.
This case was not as straight forward as the above two as the Defendants strongly denied that they were at fault. They denied that the sign was present where our client alleged and also suggested that he was being dishonest. Despite us disclosing photographic evidence of the presence of the sign, the Defendants maintained their position. Evidence put him in a good position and, before reaching a trial, the Defendants did eventually put forward an offer to settle the claim.
We considered that the offer was slightly too low and the client put forward a counter offer. This was accepted.
Another TBI client meanwhile had seen an advertisement in a newspaper about breast enlargement, and contacted the clinic for a consultation.
She underwent the operation within seven days of the first consultation, but implants were inserted too high and she had to undergo further surgery, which created asymmetrical results. A further operation was required to correct this, but this caused further scarring. Although the money was paid directly to the clinic, their Terms and Conditions took no responsibility that the treatment by the surgeon was negligent.
The surgeon did not have insurance cover and then mysteriously disappeared, although we took all necessary steps to find him. We were able to recover compensation from the clinic, as their Terms and Conditions held the surgeon out as having satisfied them that he had the necessary insurance.
Finally, a man went to the local Accident & Emergency Department following an injury to his elbow.
X-rays were taken; when reviewed, there was a dislocation of the elbow joint. However, the consultant overlooked the dislocation, telling the patient the results were satisfactory before treating him conservatively. Further x-rays were also misinterpreted by the consultant. In fact, the dislocation was worsening. After four months the correct diagnosis was made and a further two operations followed, which failed to restore movement to the elbow that remains dislocated and deformed.
Had the dislocation been treated immediately, he would have been operated upon immediately and made a full recovery. He developed osteoarthritis and is unable to straighten his arm. He could undergo further surgery to improve the pain, but it would not improve the function. The claim was defended on the grounds that even with earlier surgery, he would never have made a full recovery.
Now limited to what jobs he can participate in, an out-of-Court settlement for a significant amount was thankfully agreed.
CONCLUSION: What Action To Take?
In order to succeed in a claim for medical negligence, it has to be shown that your treatment was carried out negligently and that this directly caused your injury. Proving that someone did something wrong when treating you is not enough to succeed.
The cases show that you should always instruct a firm of solicitors with the right experience to help fight your claim. With TBI, you're guaranteed #StrengthOnYourSide.