Major Success for Rogers and Norton Specialist Personal Injury Team

11th Nov 2020

Mark Hambling, Director in the Rogers & Norton Personal Injury Department has successfully concluded a substantial claim for damages for client following a serious accident at work.

Healthcare

The claim was complicated as our client was a self-employed individual who had been contracted to undertake work at the premises of a customer who he was subcontracting to. This was not therefore a normal employer liability claim but as a result of the Personal Injury team’s experience and detailed knowledge of both the law in negligence and the extent to which this is aided and informed by statutory obligations, we have been able to recover substantial damages for our client against the company which the client had been contracted to undertake the work for.

In 2016, our client had been requested to attend at the premises of a contractor to undertake work which was required to be done at about 4 to 5 metres from ground level. On previous occasions the contractor had provided a scaffold tower for similar work, but on this occasion did not do so, claiming that the tower was not available as it was being used elsewhere on site. As an alternative an inappropriate ladder was provided. Unfortunately the ladder was not suitable for the job and whilst the work was being undertaken, the ladder slipped and our client fell to the floor sustaining a head injury and significant orthopaedic injuries. The consequences of these injuries caused him to suffer significant loss of earning and a long term compromise on his ability to continue to work in his chosen field of employment

The specialist team, headed by Mark, were able to advise our client at an early stage that he had a claim with good prospects of success but equally address the issue that, an experienced contractor who probably knew with hindsight that using a ladder was inappropriate, the case was likely to succeed with some finding to reflect the fact that to a degree our client was the author of his own misfortune. This is known as contributory negligence.

As a result of our experience and knowledge we were able to analyse the issues of the case early upon instruction and having been able to put together a detailed and thorough letter of claim, present an early and favourable Part 36 offer to settle the liability issue with a small finding of contributory negligence. The Part 36 offer created significant cost risks and as a result of submitting the letter of claim and the Part 36 offer in close proximity, the insurers agreed the liability issue leaving the value of the claim then to be resolved.

Having obtained the appropriate evidence from Orthopaedic, Neurological and Dental experts, we documented the significant claim for damages for pain, suffering and loss of amenity and could also establish a substantial claim for past and future loss of earning to age 70, our clients intended retirement age and future treatment costs.

A very substantial six-figure award in damages was recovered plus the client’s costs and was agreed shortly before the Court proceedings needed to be commenced.

Commenting on the case, Mark Hambling, Director in the company’s Personal Injury Department indicated as follows:

I remember the client coming to see me some time after the injuries had been sustained as his initial thoughts had been that it may be difficult to pursue his claim as he was a self-employed subcontractor. I was able to swiftly explain to him how the law will assist him, in particular having regard to the previous conduct of the contractor, the fact that my client was working at height and the element of control the contractor had over the work being undertaken. It was clear at an early stage from my investigation that given my client’s experience and the facts of the case, that a finding of contributory negligence was likely and an early Part 36 offer was able to swiftly deal with that issue, protecting my client’s position as regards to costs. This was a case where the insurers for the Defendant were extremely sensible and engaged in sensible settlement negotiations, saving the costs of issuing proceedings whilst also ensuring that my client recovered full compensation, save for the small percentage deduction to reflect contributory negligence.

My client was delighted with the outcome and told me shortly after settlement that I provided an excellent and professional service achieving an award far in excess of his expectations when he first consulted Rogers & Norton. I was delighted to note that he would not hesitate instructing my colleagues or I in the future should he ever require further legal advice or assistance.

Mark Hambling is a Director of the company’s Personal Injury Department, a Senior Litigator with the Association of Personal Injury Lawyers and a specialist at handling high value and complicated personal injury claims. Mark will consider cases on a No Win No Fee Agreement and is happy to offer an initial discussion as regards any claim without obligation and cost. Mark can be contacted on mbh@rogers-norton.co.uk and by telephone on 01603 666001.