Mr. M instructed the Serious Injury Team at MRH Solicitors following an accident at work on a farm when Mr. M was required by his employer to steer a forklift truck which at the time of the accident was being towed by a tractor being driven by the Defendant employer.
However, the forklift truck toppled over due to the negligence of the Defendant employer trapping Mr. M. under the forklift truck. Mr. M sustained severe injuries to his left arm and to his right leg both of which required extensive surgical procedures over a 3 year period after the accident.
Whilst primary liability, that is fault for the accident was admitted by the Defendant employer’s insurers, the issue of “contributory negligence”, namely that Mr. M. was partly responsible for the accident remained a contentious issue between the parties.
The initial offers made by the Defendant employer’s legal team regarding a split on liability between Mr. M, the Claimant and the Defendant employer were rejected and MRH Solicitors ultimately secured via the Courts judgment in favour of Mr. M with liability being apportioned between Mr. M. and the Defendant employer on a 80% – 20% basis in favour of Mr. M. taking into account the fact that Mr. M. was an experienced farm employee.
Expert medical evidence in support of Mr. M’s injury claim was obtained from a leading Consultant Orthopaedic Surgeon, a Consultant Plastic Surgeon and a Consultant Psychiatrist.
Specialist expert evidence was also obtained in support of Mr. M’s financial losses to include his loss of future income due to having to give up his pre-accident part-time fruit and vegetable business from a Forensic Accountant and from a Care Expert to value the considerable care and assistance that Mr. M received from his family following the accident.
Complex issues of liability, causation and quantum, that is the value of the claim, were evident from the outset of Mr. M’s claim and consideration of complex evidential matters was required to secure the best possible outcome for Mr. M.
The Serious Injury Team at MRH Solicitors were successful in recovering via the courts compensation for Mr. M of £264,676.58 net of the deduction made in respect of contributory negligence.
