Advice Centre

£35,000 settlement for a Personal Injury at a Bar

Posted by: Wiktor Buza
Posted in: Personal injury, Personal injury - client success stories
Date published: 29/05/2024

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Introduction

Personal injury cases in public venues often involve complex legal challenges, particularly when determining liability. This case study is about a recent settlement achieved by IMD Solicitors LLP for a client who sustained significant injuries at a bar. We will explore the legal strategies employed, the evidence gathered, and the obstacles overcome to secure a £35,000 settlement for the injured party.

Case Background

The incident occurred at a well-known bar, Revolution, where our client was spending an evening with friends. Unaware of the fact that someone had broken glass on the table where she later sat. The bar staff, aware of the glass, failed to clean it up in a timely manner. As a result, when our client placed her hands on the table, she suffered deep lacerations and tendon damage to one of her hands. This injury required emergency surgery and resulted in significant pain, suffering, and a temporary inability to work.

Legal Analysis and Strategy

• Initial Client Consultation: During the initial consultation, we gathered detailed accounts from our client and her friends who witnessed the incident. This step was important in understanding the sequence of events and establishing a preliminary timeline.

• Challenges in Establishing Liability: One of the main challenges was the defence’s argument that our client was intoxicated and therefore contributed to her own injury. They also contended that the glass had just been broken before she sat down, implying there was insufficient time for the staff to clean it up.

• Gathering Evidence: Witness Statements: We obtained statements from our client’s friends, who supported that the glass had been there for a considerable time and that the staff had been notified but did nothing. CCTV Footage: Though the footage was not very clear, it provided enough evidence to show that the glass had been on the table for at least half an hour before the incident. Additional Witness: A critical witness was found who confirmed informing the staff about the broken glass well before our client’s injury.

• Medical Evidence: Detailed medical reports documented the severity of the lacerations, the damage to the tendons, and the necessary surgical intervention. These reports were essential in demonstrating the extent of the injury and its impact on our client’s life.

• Loss of Earnings: Evidence of our client’s loss of earnings was meticulously compiled, including employment records and a statement from her employer. This documentation was crucial in quantifying the financial impact of the injury.

Court Proceedings and Settlement

Given the defence’s refusal to accept liability, we initiated court proceedings. This move was necessary to demonstrate our commitment to seeking justice and to put additional pressure on the defence to settle.

• Issuing the Claim: The formal issuance of the claim involved detailed legal documentation outlining our client’s case, the evidence supporting her claims, and the extent of her injuries and losses.

• Negotiations: After issuing the claim, further negotiations took place, leveraging the strong evidence we had gathered. The defence, recognising the strength of our case and the likelihood of losing in court, opted to settle.

Settlement Outcome

The final settlement amounted to £35,000, which included compensation for pain and suffering as well as the loss of wages. This outcome was a significant success, ensuring our client received fair compensation for her unpleasant experience.

Key Takeaways and Practical Insights

• Importance of Immediate Evidence Collection: Gathering witness statements and securing CCTV footage as soon as possible can significantly strengthen a personal injury case. Early collection of evidence helps establish a clear timeline and supports the claimant’s account of events.

• Thorough Medical Documentation: Detailed medical records are vital in personal injury claims. They provide indisputable evidence of the injury’s severity and its impact on the claimant’s life, which is important for securing adequate compensation.

• Persistence in Litigation: Sometimes, initiating court proceedings is necessary to show the seriousness of the claim and to push the defence towards a fair settlement. This approach can be particularly effective when the evidence strongly supports the claimant’s case.

• Client Communication and Support: Keeping the client informed throughout the process and providing support at every stage is essential. It ensures that they understand the steps being taken on their behalf and helps manage their expectations.

Conclusion

This case exemplifies the complexities involved in personal injury claims within public venues. By meticulously gathering evidence, securing witness statements, and demonstrating the extent of the injury, IMD Solicitors LLP successfully secured a substantial settlement for our client. This case highlights the importance of thorough legal preparation and the necessity of sometimes pursuing litigation to achieve a fair outcome for the injured party.

Understanding the implication of such cases can help other solicitors effectively represent clients in similar situations, ensuring that justice is served, and clients receive the compensation they deserve.

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.

Call us now to discuss your case 0330 107 0107 or email us at info@imd.co.uk.