Our solicitors at What’s Mr Claim Worth have recently settled a claim for a lady visiting a historic family attraction property for more than £94,000
Key details
- Nature of Case: This was a personal injury claim brought by Ms B against the historic family attraction. The incident occurred on in November 2022, where Ms B tripped over an object while visiting the property, resulting in a fall and injury to her left (non-dominant) shoulder.
- Type of Claim: The case was pursued as a public liability claim via a Claims Notification Form (CNF) through the claims portal, but exited the portal as the value exceeded the upper limit.
- Liability: Liability was admitted pre-issue by the defendant.
- Key Issues: The main issues revolved around the extent of the injury, the impact on Ms B quality of life, the need for ongoing care and therapy, and the quantification of damages, including whether future surgery (shoulder replacement) would be required.
Injury Details
- Injury Sustained: Ms B suffered a fracture dislocation to her non-dominant (left) shoulder. She lay on the ground for about ninety minutes in severe pain before being transported by golf buggy. No ambulance was available, so her husband took her to hospital. She was admitted for about 24 hours, and her shoulder was manipulated under general anaesthetic.
- Complications: Evidence of nerve damage was subsequently found, including a severe upper brachial plexopathy affecting the posterior cord (particularly the radial nerve) and the lateral cord (musculocutaneous and median nerves). She had poor function of her left elbow and hand, ongoing background pain, and significant reduction in shoulder function (approximately 60-70% reduction).
- Ongoing Symptoms: Ms B experienced ongoing pain, restricted movement, and neurological deficits. There was a possibility of requiring a shoulder replacement in the future, but as of the last medical review, her function had not recovered, and the symptoms were considered permanent.
Medical Evidence Obtained
- Medical Reports: Two CPR Part 35 compliant medical reports were obtained from a senior Consultant Orthopaedic Surgeon and these reports detailed the injury, treatment, ongoing symptoms, and prognosis.
- Hospital & GP Records: Comprehensive medical records, x-rays, and scans were obtained from multiple hospitals and the GP, covering the period from the date of injury through to the present.
- Therapy & Follow-up: Ms B underwent hand therapy, nerve conduction studies, and multiple follow-up consultations with orthopaedic and hand specialists. The medical evidence confirmed the ongoing and significant impact of the injury on her daily life and function.
Settlement Details: £94,451.29
- Settlement Amount: The case settled pre-issue for a gross sum of £94,451.29.
- Interim Payment: An interim payment of £10,000 had previously been made and was deducted from the gross settlement.
Have you had a Similar Fall on a Family Day Out?
To find out if you have a potential claim and what steps to take next, get in touch with us here at Whats My Claim Worth. Our specialist personal injury team is here to guide you through the process with expert advice and support.