Matthew Claxson and Amanda Brown from Aspire Law acted in a compensation claim for a young female who sustained a spinal cord injury having fallen at work approximately 25 feet. An investigation by the Health and Safety Executive (HSE) saw a prosecution being brought against the Defendant who subsequently admitted guilty to breaching section 6(3) of the Work at Height Regulations 2005, and they received a fine. The Defendant in the compensation claim made a full admission of responsibility.
The Parties from the outset of the compensation case had opened a dialogue, which included an in-person meeting of the legal teams, to explore how the case would be progressed and most importantly what support could be provided to our client to maximise her outcomes. The Parties agreed to work under the Serious Injury Guide and implemented the Rehabilitation Code 2015 which focussed on our client’s recovery. This led to our client having prompt access to treatment and interim payments. Also, a Spinal Cord Case Manager was jointly instructed by the parties who brought together a specialist rehabilitation team which navigated our client through extensive revision surgery to her spine and ongoing bowel difficulties.
The rehabilitation was involved due to our client’s complicated symptoms but throughout she was supported by her team which in time led to a phased return to part time paid light work and recapture of her life.
The Parties agreed to work towards a Joint Settlement Meeting that enabled the timing to be chosen once our client had benefitted from the rehabilitation programme and the legal teams were ready to engage in the valuation of the case. Joint Settlement Meetings can be a pivotal moment in legal negotiations, offering both sides an opportunity on a “without prejudice” basis to discuss the case in an open and collaborative environment. The journey to this settlement involved thorough preparation and a deep understanding of our client’s unique circumstances. Our team worked tirelessly to gather evidence, consult with experts, and build a compelling narrative that highlighted the impact of the situation on our client’s life. Our team was supported by Ms Rhiannon Jones KC a Leading Counsel from Byrom Street Chambers.
Whilst we worked toward a Joint Settlement Meeting we always kept our client at the centre of everything we did so that when we reached the meeting our client had a reasonable idea of what to expect and was as comfortable as she could be in those circumstances. The journey is as important as the outcome.
The Parties met to discuss settlement which on account of the manner in which they had collaborated in the lead up to the meeting resulted in a very positive experience for our client and settlement for a seven-figure sum plus provisional damages.
The provisional damages were of particular concern for our client due to the advised risk of development of a syrinx (cyst) on her spine causing a significant worsening of her symptoms. If this were to occur then she will be able to return to court for further compensation to be paid by the Defendant.
Our legal team and instructed Counsel showed real commitment, collaboration and dedication in order to achieve this excellent outcome for our client. This success is not just about the financial compensation; it’s a testament to our client’s resilience and we hope this outcome brings our client some peace of mind and the means to move forward positively.
We are proud to have played a role in this process, providing support and guidance every part of the way. It serves as a reminder of the importance of seeking professional legal support when navigating complex claims.
Comment from our client following settlement “Thank you so much for the teams support and hard work throughout this whole process. I truly appreciate it. I was extremely in awe at the settlement meeting at how down to earth and completely professional you all were, it was really quite something to experience, so I can’t thank you all enough. The result was fantastic given the circumstances.”
Matthew Claxson, Senior Solicitor said “our client’s life as a result of this injury was turned upside down but through the sensible manner in which the parties worked together to progress her case it meant our client had access to timely rehabilitation, interim payments and ultimately compensation. The journey is as important as the conclusion. It was a privilege to act for our client who entrusted us with her claim and I appreciated the practical approach by the insurer’s solicitor to our client’s case which narrowed the issues.”
