Miss L, Compensation: £10,238

JMW has secured £10,238 for a woman who slipped on ungritted ice at a rail station and received multiple injuries.

Miss L was walking on the platform of her local railway station and slipped on ungritted ice on the surface of the platform. The fall caused a sprained ankle and a lower back injury.

Miss L decided to place a claim for personal injury and was put in touch with JMW Solicitors LLP, where our talented team were able to help.

Making a claim and seeking medical assessment

We made a claim against the defendant, the Train Operating Company responsible for the station. The defendant’s insurers requested time to investigate the accident and decide whether or not they believed they were liable for it. They admitted liability for the accident, and we began gathering information that would allow her to make a realistic assessment of the value of Miss L’s claim.

We contacted a medical agency to get a Consultant Orthopaedic Surgeon to have Miss L’s injuries independently assessed. Miss L’s symptoms at this time included bruising, a sprain and ligament damage in her right ankle, and back pain. The consultant believed that Miss L would recover from her ankle injuries within six months, and the back pain within 18 months. The consultant also recommended a course of physiotherapy to help Miss L.

Some of Miss L’s back pain related to pre-existing scarring associated with an unrelated medical condition which may have been worsened by Miss L’s accident, as the scar ruptured very shortly after it. Miss L also required an operation on the scarring after the accident. We got Miss L assessed by a General Surgeon, who could advise further, and the General Surgeon was able to confirm that both the scar’s rupturing and the operation were not related to the accident and therefore did not affect her claim.

Although the General Surgeon suggested that Miss L’s problem with the scarring was not related to the accident, Miss L had gone past the 18 month recovery period given by the Orthopaedic Surgeon and so it was felt that the best way to clear up the issues relating to her back was to get Miss L seen by a Specialist Spinal Surgeon, who could provide a further prognosis and highlight any treatment requirements.

Requirement for more evidence and a fast-approaching deadline

Due to the requirement for more medical evidence, the case’s limitation deadline was nearly at hand. Claims like Miss L’s must be settled or have court proceedings issued before this deadline and as it was clear that the claim was not going to settle, we started court proceedings on the case in order to safeguard Miss L’s claim. We compiled the Particulars of Claim and a Schedule of Loss, outlining the areas in which Miss L’s injury had caused disruption to her life, and that she was entitled to claim on, including everything from medical expenses to Miss L’s loss of earnings.

Results of the medical assessment

After Miss L saw the spinal specialist, his report confirmed that her scar’s rupturing and her operation were not as a consequence of the accident. However, he confirmed that Miss L would have a level of permanent back pain, and this was a direct result of the accident.

We then disclosed the medical report and an updated Schedule of Loss to the defendant’s solicitors, to allow them to prepare a counter Schedule of Loss and begin assessing where the two sides might stand in terms of level of compensation for Miss L. The spinal specialist recommended treatment for Miss L; a referral to a Functional Rehabilitation Unit and we secured quotes for this treatment to include within the claim so that this treatment would be funded by the defendant. This enabled us to begin to negotiate a settlement figure.

Miss L's settlement

The defendant’s solicitors made a low initial offer, which we advised Miss L to reject. Miss L did so and authorised us to make a counter offer. This encouraged the defendant’s to make an increased offer. We felt that this offer was reasonable and advised Miss L to accept it. Miss L agreed, and accepted the offer.

Miss L was extremely happy with the way we handled her case, and commented: “Jane was fantastic. She kept me up to date and explained everything to me along the way.”