PERSONAL INJURY CASE STUDY EXAMPLES

Motorcycle injuries
Our client purchased a second hand motorcycle from a motorcycle shop. The motorcycle had had an MOT only the previous day. When she took the bike out to use it for the first time the following day, she lost control and hit an oncoming vehicle sustaining very serious injuries necessitating an amputation of a leg above the knee. When we were instructed, we discovered that the motorcycle shop had closed down and the company struck off the Companies Register. An application was made to place the company back on the register, and then proceedings were commenced against both the company which sold the bike and the organisation which carried out the MOT. Those proceedings were eventfully settled on the first day of the trial with our client receiving £200,000 in compensation.

Car accident
Three friends had spent the day together drinking and decided that they should all go into town for a party. One of the friends offered to drive, despite the fact that they all were quite drunk. Unfortunately, they were involved in a serious road traffic accident and their driver had no car insurance. A claim was issued against the driver and the Motor Insurance Bureau (MIB). This claim was defended in full by the MIB raising a technical defence, and went to a final hearing which was resolved in the clients’ favour.

Accident at work
A woman had an accident at work when she fell down the stairs tripping on a piece of loose carpet. She approached the insurers herself and obtained an offer of £2,000. She then came to see Rutherfords a few months before the case was ‘Statute Barred’ asking whether she should accept the offer. We advised that she reject the offer. The case was settled with compensation exceeding £17,000

Insurance problem
A man had gone out for the evening in his car, with a friend as a passenger. Our client decided not to drive home on the basis that he had had too much to drink. His friend then said that he was sober and would be insured to drive our client’s car home, on his own insurance. They were involved in an accident which was the friend’s fault. The friend was not insured to drive the client’s car. Rutherfords nonetheless obtained compensation exceeding £27,000

Care concerns
A care home resident with a history of epilepsy died following an epileptic fit. The family of the deceased were concerned as to the level of care which had been provided by the care home and its staff. Rutherfords attended at the Coroners Inquest to represent the interest of the family and on the second day of the inquest, the Coroner decided to adjourn his enquiry and submit a report to the Director of Public Prosecutions for a possible criminal charge in relation to the care provided to the deceased.

Hip fracture
Our elderly client was walking from her home to the local shops when she tripped and fell suffering a fracture of the hip. Prior to the accident the client, although in her 80s, was fit and active, but the accident severely restricted her mobility and independence. Proceedings were commenced against the relevant local authority and the building company which had recently carried out roadworks at the site of her accident. The case was concluded at an early stage with damages exceeding £12,000.

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