Advice Centre
£30,000 Settlement for Workplace Car Park Accident
Speak to a member of our specialist international team of UK personal injury lawyers today on 0330 107 0107.
Introduction
This case study examines a settlement obtained by IMD Solicitors LLP for a client who suffered serious injuries after being hit by a car in his workplace parking lot. The legal measures taken will be presented along with the evidence gathered, and how IMD team obtained a £30,000 settlement for the client.
Case Background
The incident took place in the car park of our client’s workplace during his break. While he was smoking outside, an elderly driver mistakenly accelerated instead of braking, causing her car to speed up suddenly. The car struck our client, pinning his leg against a bollard and resulting in a severe leg fracture. Despite the significant force of the collision, the client was fortunate that his injuries were not more severe.
Legal Analysis and Strategy
- Initial Client Consultation: During our initial meeting, we gathered comprehensive details about the incident from the client, including his account of the events and the immediate end result. This information was important in forming the basis of our legal strategy.
- Establishing Liability: In this case, establishing liability was straightforward. The driver’s error in confusing the accelerator with the brake was clear, and there were no disputes about fault. The challenge lay more in proving the extent of the injuries and their impact on the client’s life and employment.
- Gathering Evidence: Medical Reports: Detailed medical records were obtained, documenting the severity of the fracture and the surgical interventions required. These reports also highlighted the long-term implications of the injury on the client’s mobility and daily activities. Witness Statements: Statements were collected from colleagues who witnessed the accident. These accounts corroborated the client’s version of events and helped to establish a clear timeline. CCTV Footage: The car park’s CCTV footage provided visual evidence of the incident, supporting the claims of how the accident occurred.
- Rehabilitation and Recovery: Recognising the importance of a comprehensive recovery plan, we arranged for extensive rehabilitation services for the client, funded by the defendants. This included physical therapy and other necessary treatments to aid his recovery and return to normal activities.
- Loss of Earnings: Evidence of the client’s loss of earnings was meticulously compiled. This included employment records and statements from his employer, detailing the time he was unable to work due to his injuries and recovery process.
Negotiations and Settlement
Given the clear liability, the main focus was on negotiating a fair settlement that adequately compensated the client for his injuries, pain and suffering, and loss of earnings.
- Issuing the Claim: The formal claim outlined the extent of the injuries, the medical treatments received, and the financial losses incurred.
- Negotiations: The negotiations took a long time, during which we used the strong evidence to push for a higher settlement. The defendants first offered lower amounts, but through persistent arguments, we were able to secure a £30,000 settlement.
Settlement Outcome
The settlement of £30,000 was a significant achievement, covering the client’s injury-related expenses, pain and suffering, and loss of wages. This outcome provided the client with financial stability during his recovery and ensured he could focus on regaining his health without financial stress.
Key Takeaways and Practical Insights
- Prompt Evidence Collection: Securing witness statements and CCTV footage early in the process can significantly strengthen a personal injury case. Immediate collection of evidence helps establish a clear account of events and supports the claimant’s version of the incident.
- Detailed Medical Documentation: Comprehensive medical records are essential in personal injury claims. They provide crucial evidence of the injury’s severity and the treatments required, which is fundamental for securing adequate compensation.
- Effective Rehabilitation Arrangements: Arranging for the defendant to cover rehabilitation costs ensures that the client receives necessary medical support without additional financial burden. This can significantly improve the client’s recovery prospects and overall well-being.
- Persistent Negotiation: Effective negotiation strategies, backed by strong evidence, are crucial in achieving fair settlements. Persistence and a clear presentation of the impact of injuries on the client’s life and finances can lead to better outcomes.
Conclusion
This case exemplifies the complexities involved in securing compensation for workplace car park accidents. By meticulously gathering evidence, securing detailed medical documentation, and negotiating effectively, IMD Solicitors LLP successfully secured a substantial settlement for our client. This case highlights the importance of thorough legal preparation and demonstrates how a strategic approach can lead to favourable outcomes for injured parties.
Understanding these steps and the required legal documentation is important for any solicitor handling personal injury cases. This ensures that clients are well-prepared and can achieve the desired recognition of their injuries, receiving the compensation they deserve to support their recovery and future well-being.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.