Settlement after client felled by telephone cable

Despite an initial denial of liability, Access Legal from Shoosmiths gained a satisfactory settlement for a lady in a public liability dispute after taking her case on a no-win-no-fee basis.

Mrs X was injured in December 2004 when she was injured whilst walking along the street. A telephone cable was hanging low between telegraph poles. She did not see them as it was dark. The cable caught her around the neck and she fell, sustaining injury and losses.

There were no witnesses to the accident and initially a denial of liability was received from the company responsible for the cable on the basis that it was unaware of any problems with the cable in the area where the accident occurred at the relevant time.

After further investigation and issuing an application to compel the third party to disclose the relevant maintenance and inspection documents, an admission of liability was received.  The case was further complicated by the fact that the third party sought to argue that the injuries the client sustained were not caused by this accident.

Court proceedings were issued. The defendant then sought to defend the claim disputing liability as well as causation. The Court set a timetable accordingly. After issuing an application, the defendant agreed to the directions being varied to deal with quantum issues only and dropped arguments in relation to liability.

Causation did however remain in dispute, but eventually a satisfactory settlement was negotiated with the third party and with the client receiving £6,850.

As well as successfully pursuing her personal injury claim, we were able to arrange treatment for the client as recommended by the medical expert to aid her recovery.

Client testimonial

"I was happy with the way Clare dealt with my claim. She returned all phone calls I made and kept me fully informed on how my claim was progressing. I would use Shoosmiths again if I was to need a solicitor."

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