Case Studies: Personal Injury

Seven Figure Settlement for Catastrophic Injury at Work

O’Reilly Stewart Solicitors were instructed to investigate injuries sustained by our client following an accident at work. Our litigation Director Stuart Gilmore acted in this case.
On the date of the incident, our client was employed in a factory and was struck by a forklift which had failed to stop and hit our client from behind, confining and crushing his lower body and leading to him sustaining catastrophic personal injuries.
Proceedings were issued upon the employer of our client as it was our case that his personal injuries were caused by reason of the negligence, breach of contract and breach of statutory duty of the Defendant. The Defendant initially denied liability.
Our client suffered a significant amount of complex, critical and life-changing injuries. The crush left him with a fracture of the left scapula, fracture of the right clavicle, multiple bilateral rib fractures, small left pneumothorax, bilateral pulmonary contusions, a grade 1 splenic laceration, a pelvic fracture, transverse process fractures of lumbar vertebrae from L1 to L5, a contaminated open fracture to his right ankle and talus; and a closed fracture to his left lateral malleolus. He was admitted to an intensive care unit and was placed in a medically induced coma for 12 days. His life-threatening injuries were described as ‘top of the scale for severity.’
Our client has been left with severe scarring over various parts of his body, the shortening of his right leg by 3-4cm, severe pain in his pelvis that effects his mobility daily and he also underwent several reconstructive surgeries. Considering the impact of his injuries, O’Reilly Stewart gathered independent medical evidence from specialist consultant Psychiatrists to analyse the mental strain our client had been subject to. It was concluded that our client was suffering from post-concussion injury syndrome and dysthymia which in turn would limit his lifestyle.
The severity of this incident had a ripple effect on all aspects of our client’s life, particularly his employment. O’Reilly Stewart gathered reports from chartered accountants and occupational psychologists to help project the current and future losses our client would be subject to. With his increased risk of developing arthritis and permanent reduction in his respiratory capacity which would prevent him from returning to repetitive heavy manual labour, it was established that he would not be able to return to his previous area of work.
O’Reilly Stewart gathered an extensive amount of evidence from consultants in trauma and orthopaedic surgery, consultant plastic surgeons, consultant urologists, a consultant ENT surgeon, a consultant in rehabilitation medicine, a consultant radiologist, a consultant psychiatrist, a consultant thoracic surgeon, consultant neurologists, a consultant clinical neuropsychologist, a nursing care expert, and an occupational therapist.
This extensive information gathered highlighted the profound changes and traumas our client suffered and will continue to endure in later life. The case was listed for hearing in the High Court but settled by agreement prior to trial with our client receiving a significant seven figure sum in damages for his injuries and financial loss.
This case illustrates the endeavours O’Reilly Stewart will undertake to achieve the best result for our clients, making sure to address not only the current losses, but also all and any future losses.

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