A visit to a farm shop led to life-long disabilities for our client who had an accident while there.
She was visiting a farm shop café when she fell down an unmarked step with no handrail which ran across the width of the room. This caused the fall.
She fell with her left leg landing in an abnormal position and banged her head against a shelf.
At the time of the accident, she was 74 years old and led a fulfilling life. She was active, played matches with her bowls team, and walked without any walking aids. She was looking forward to life including a much-anticipated holiday.
Unfortunately, her life as she knew it came to an abrupt halt through the negligence of the farm shop.
Following the accident, an ambulance was called. There was a two-hour delay, during which time she was in agony.
When help arrived, the paramedics concentrated on her left leg. It had an obvious fracture.
The ambulance took her to the hospital. X-rays revealed a periprosthetic spiral fracture of her left femur and several soft tissue injuries.
She had a surgical operation on her left leg five days later.
She remained in the hospital for three weeks but eventually discharged herself. She felt lonely and anxious and there was also an MRSA outbreak at the hospital.
Since the accident, she has suffered constant pain, pins and needles, and numbness over her left thigh.
She has surgical scarring and has developed chronic pain.
She has reduced fitness, stamina, and energy. She still uses a stick to walk as the prospect of falling terrifies her.
The fracture of the largest bone took around 12 months to heal.
She has found it very difficult to transition from being a busy and active person. She is now slower and depends on friends, family, and especially her partner.
Following the accident, he moved into her home to care for her. Seeing that she could not cope with her disabilities and restrictions on her own.
She also suffered from depression because of the accident. Medical professionals advised her to take a course of antidepressants. Along with a course in Cognitive Behavioural Therapy (CBT).
She now wears trainers daily and limps significantly with her left leg abducted.
Since the accident, she has invested in safety measures in her own home. She has had her patio levelled and made safe for her given her instability and propensity to trip and fall.
She needs to attend a pain management programme. And requires extra help around the home.
Experts recommended care from a care agency providing commercial services. This allows her partner to remain a supporter, rather than undertaking the role of a care provider.
ACCIDENT CASE SETTLED
The case eventually settled for £253,000, although liability was initially denied. Following court proceedings, the defendant offered £100,000 before increasing the amount to £150,000.
We countered at £275,000, they increased the offer to £200,000. We then successfully negotiated an increase to £250,000.
Our client will need care for the rest of her life along with medical support and help within her home.
NV Legal has a specialist team of solicitors. Experienced in achieving successful outcomes for clients who have tripped and fallen.
If you or someone you know has questions about these issues, contact us for free legal advice.
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