£2m awarded for a defective work equipment accident

£2,270,000 compensation agreed for claimant seriously injured in a defective work equipment accident.

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Case details

Circumstances

The claimant worked for the defendants as a Machine Operator. Operating a Milling machine when the hydraulic system failed, the claimant sustained severe crush injuries. The defendants did not dispute liability for the claimant's accident. They accepted that the work equipment they had provided was defective.

Injuries and Progression

The claimant sustained spinal cord damage and several tears to internal organs. These included his bowel, liver and aorta. The claimant had a serious fracture to her acetabulum (hip joint).

The claimant and his injuries were sufficient to require full-time care. His home required extensive alterations to accommodate his healthcare needs, including a motorised bed and a wet room. The claimant had surgery in respect of reconstruction and might need future surgery.

Settlement

It was agreed between the claimant's and defendants solicitors that the claimant needed round the clock specialist care for the rest of his life. Medical experts reached agreement that the claimant's life expectancy had been shortened by the accident. The claimant was expected to live 11 years less than had the accident not occurred.

The claimant's solicitors and defendant's solicitors entered into negotiations and a joint settlement meeting took place.

A settlement was agreed but in view of the seriousness of the claimant's injuries court approval of the settlement was obtained. The court approved an agreed settlement.

The agreed settlement included the sum of £210,000 for the claimant's pain suffering and loss of amenity. He would receive an immediate payment of £2,100.000. It was also accepted that as the claimant got older his care needs would increase. Annual life time payments were also approved by the court. Initially these would be £35,000. These would rise at age 50 to £65,000. They would rise again at age 55 to £80,000. After the age of 60 they would increase to £120,000 for the rest of the claimant's life.

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Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

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