£30,000 Compensation for Trip and Fall in Car Park

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Amy Baker

Graduate Solicitor Apprentice

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A Personal Injury Claim Case Study

Our client, Tracey Richardson, tripped over an indented stone in a car park when returning to her vehicle.  Ms Richardson fell landing on her wrist which caused her to suffer injuries to her left wrist and left foot.

She was taken to hospital by ambulance, where she was found to have sustained a fracture to her left wrist and a Lisfranc fracture to her left foot.

The middle of your foot or the ‘mid foot section’ refers to the area around the foot arch. It contains the Lisfranc ligament and joint which can be damaged when a person sustains a Lisfranc fracture. The severity of the fractures varies between each person but can result in stretched ligaments, torn ligaments or broken bones in the middle of your foot. It is considered by the NHS to be of a serious nature.

The symptoms of a Lisfranc injury will vary according to the severity of the fracture. Typically, it will cause swelling and tenderness in the midfoot or the top of the foot. The pain can feel worse when walking or standing. Bruising may occur on the top or bottom of the foot, meaning that it can sometimes be mistaken for a sprain injury.

Following the accident, Ms Richardson was unable to weight bear - on her foot for 6 weeks -. She was also required to undergo surgery where a metal plate and screws were inserted to help repair the fractures.  Post surgery, our client underwent several sessions of physiotherapy, but was left with some lingering symptoms, such as discomfort in her foot when doing any prolonged standing or long-distance walking.

Generally, this type of injury normally takes over 12 weeks to heal according to the NHS. However it is acknowledged that this could differ based on individual circumstances. It is a significant and life changing injury. Unfortunately, residual pain and swelling can remain for over 12 months. and could lead to lifelong challenges, 

Ms Richardson has sustained scarring at the site of her operation and the metal implants were to remain in place for the foreseeable. In addition, she suffered psychological symptoms including signs of obsessive-compulsive disorder and depression.

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How We Helped

Tracey felt that the accident occurred as a result of  negligence on behalf of the car park operator. She contacted our Personal Injury Lawyers for a free consultation and legal advice. Our specialist solicitors listened to the circumstances of the accident and agreed to take her case on a No Win, No Fee basis.

The first thing to be addressed in the case was to identify the owners of the car park and to determine who was in control of the car park at the time of the accident. This may sound like the same thing, however legally speaking there is an important distinction to be made. Although an area of land, a property or a car park may be owned by someone, if they have leased this to a third party, the third party will be known as the occupier. As an occupier, you have certain duties to fulfil in order to ensure those who visit or use the land are safe.tto 

Once the Defendant was identified, the accident claim was submitted and medical evidence was obtained in relation to Ms Richardson’s injuries.

Reports were obtained from a consultant trauma and orthopaedic surgeon, a consultant orthopaedic and hand surgeon and a consultant psychiatrist. These experts compiled medical reports outlining her condition and prognosis.

Among the findings were thatthe wrist injury had accelerated the symptoms of carpal tunnel syndrome by about 5 years. It was also found that the position of her fracture meant she had a chance of developing osteoarthritis 10 years earlier than if the accident had not taken place.

The psychologist’s report concluded that the main trigger for our client’s depression was her inability to socialise or leave her flat for 6 weeksdue to the accident. It also stated that her obsessive compulsive disorder was triggered by the need for an external carer over a 5 week period, meaning she had to leave the door to her flat open. Following this period, Ms Richardson would obsessively check there were no intruders in her house for some time following the t accident.

Once we had obtained the medical evidence , we could begin to value Tracey’s case. Our valuation included the cost of care and assistance, medication, treatment costs, traveland various other expenses incurred. Our estimate also included the likely cost of future treatment based on the conclusions in the various medical reports .

In addition, we considered the effect Ms Richardsons psychological symptoms may have on future career prospects.

The defendant admitted liability (fault) for Mr Richardsons accident and the matter settled out of court.

The Outcome

Following negotiations with the car park operator, we secured a compensation settlement of £30,000 

By securing compensation for Ms Richardson, she is now able to access treatment including further cognitive behavioural therapy (CBT) t to assist her continual recovery.

We hope the financial support provided will not only address her immediate needs but also contribute to rebuilding her confidence and quality of life.

If you have been involved in an accident in a public place, please do not hesitate in contacting our expert team of No Win No Fee Personal Injury Solicitors who will be able to provide you with a free, no obligation claims assessment. We will listen to the details of your accident and the impact your injuries have had on your life. We will then be able to assess the prospects of success in the  hope to obtain compensation for you

Our team can be contacted on 0808 239 3227 or alternatively you can request a call back. If you have been affected by any of the issues raised in this article, help is available through various organisations, details of which can be found below: 

References:

‘NHS: Urgent Mental Health Helpline’ by NHS (n.d.) ‘Find an urgent mental health helpline’. Available at: https://111.nhs.uk/triage/check-your-mental-health-symptoms (Accessed: 04/12/2023).

‘Samaritans: Contact Information by Samaritans’ (n.d.) Contact Samaritan. Available at: https://www.samaritans.org/how-we-can-help/contact-samaritan/ (Accessed: 04/12/2023)

‘SANE: Saneline Services’ by SANE (n.d.) Saneline Services. Available at: https://www.sane.org.uk/how-we-help/emotional-support/saneline-services (Accessed: 04/12/2023).

Royal Cornwall Hospitals NHS Trust. (n.d.). "Foot Injuries." Retrieved from https://royalcornwallhospitals.nhs.uk/services/foot-injuries/ (Accessed December 5, 2023)

NHS Fracture Clinic. (n.d.). "Lis Franc Injury Care Plan." Retrieved from https://nhsfractureclinic.microsoftcrmportals.com/care-plans/foot/lis-franc-injury/generic-foot-fracture-6-weeks-boot-with-fu-hwb/ (Accessed December 5, 2023)

Simpson Millar Solicitors. (n.d.). "Accident in a Public Place." Retrieved from https://www.simpsonmillar.co.uk/personal-injury-solicitors/accident-in-a-public-place/ (Accessed December 5, 2023)

Amy Baker

Graduate Solicitor Apprentice

Amy is a Graduate Solicitor Apprentice within our Personal injury department, based in our Manchester office.

She helps clients who have sustained injuries resulting from accidents at work and accidents in public places to recover compensation for the injuries they have sustained.

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