Access Legal from Shoosmiths secures £1.4m settlement for injured scaffolder

Despite disagreement on the issue of contributory negligence, Access Legal from Shoosmiths agreed a very favourable £1.4m settlement for a young scaffolder who sustained serious head and back injuries after falling through a roof.

What did we do?

Access Legal from Shoosmiths achieved a successful outcome on the issue of liability, which was settled at 85:15 in our client's favour, after rejecting an initial offer to settle at 60:40 and obtaining vital accident reconstruction evidence. 

The solicitor handling the case secured interim payments in excess of £400,000 to assist in our client's care and rehabilitation, pending settlement of his claim. 

Background

Our client, a young man in his early 20s, was working on the roof of a building, when he fell through a fragile roof light and sustained serious brain and back injuries.

His employers were prosecuted and found guilty of Health and Safety offences. Access Legal from Shoosmiths pursued a civil claim on behalf of the young man and his employers alleged contributory negligence on the grounds that he had failed to use a harness. 

Access Legal from Shoosmiths rejected the employer's claim that our client was 40% to blame for his injuries, and eventually settled liability on the basis of 15% contributory negligence. 

The complex legal issues surrounding the case meant that that the claim would take some time to reach a conclusion, therefore, Access Legal from Shoosmiths sought, and obtained, a series of interim payments totalling more than £400,000.  Six years after the accident, the Court finally approved a total award of £1.4m, giving the client a sum of £1.2m net, after deduction for contributory negligence. 

Who dealt with the case?

The case was handled by Barbara Woodbridge, an associate in the personal injury department at Access Legal from Shoosmiths' Northampton office. Barbara is a solicitor specialising in complex neurological injuries, including catastrophic head and spinal injuries. She is a Member of the Law Society's Personal Injury Panel, and the Association of Personal Injury Lawyers.

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