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Compensation for slip on ice causing fractured ankle

By Jennifer Whitwam, Solicitor

Our unfortunate client in this case, Mr A. was at work as a Caretaker on an evening in December 2010. He was walking on a tarmac pavement alongside his employers’ building, when he slipped on some ice. The pavement was unlit, due to a faulty light, and had not been gritted.

Mr A. fell, injuring his ankle. He was taken to A&E by his colleagues, and x-rays were taken. He was informed that his ankle was fractured and the Orthopaedic team performed an operation the next day to fix the ankle with internal metal work. Mr A. stayed in hospital until the end of the week.

Following his operation, Mr A. was in plaster for 7 weeks and found it difficult to get around on crutches. He required an orthopaedic chair and help from his friend with shopping. When Mr A. eventually managed to get back to work, he went on to light duties and can only currently do 90% of his job.

Mr A. has improved significantly but has been left with some minor pain and stiffness. The Orthopaedic surgeon estimates that he will improve further over the next 12 months.

How did we help ?

Mr A. contacted us and we wrote a letter of claim to his employers. They responded, after carrying investigations, and admitted liability , subject to him proving that the accident caused his injuries. We arranged with Mr A’s employers’ insurers to pay for him to have physiotherapy treatment and instructed a Consultant Orthopaedic Surgeon to examine him and prepare a report on his injuries.

The report provided us with the evidence we needed to prove that the accident had caused his symptoms and to enable us to value his injuries.

The compensation

We advised Mr A to put an ‘opening’ offer to his employers’ insurers to settle his claim for £8,650.00. This offer covered his injuries and other losses and expenses, including travel expenses, care and assistance provided by his friend and over the counter medication.

The Insurers rejected the offer and made a counter offer of £6,650.00. We advised Mr A to reject this.

The Insurers made an increased offer of £7,500.00. Although this offer was in the appropriate bracket, we felt sure that with skilful negotiation we could get Mr A a higher settlement. We advised him to make a final offer of £8,000.00 and after some persuasive negotiation from Lloyd Green, this was accepted.

Solicitor who handled the case.

Jennifer Whitwam - specialist in claims against employers

Jennifer Whitwam – specialist in claims against employers

The client was represented by  Jennifer Whitwam, an experienced lawyer in Lloyd Green’s Personal Injury and Clinical Negligence team. Jennifer has been a qualified solicitor for 13 years and has particular expertise in claims against Employers.

More Information

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